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Home My WebLink About20191828.tiffRESOLUTION RE: APPROVE RESUBDIVISION, RES19-0003, TO DIVIDE LOT 1, BLOCK 1 OF THE FIRST REPLAT OF INDIANHEAD SUBDIVISION INTO THREE (3) RESIDENTIAL LOTS - STEPHEN AND CHRISTINE LYDON WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board of County Commissioners held a public hearing on the 13th day of May, 2019, at the hour of 9:00 a.m., in the Chambers of the Board, for the purpose of hearing the application of Stephen and Christine Lydon, 6501 Algonquin Drive, Loveland, Colorado 80534, for a Resubdivision, RES19-0003, to divide Lot 1, Block 1 of the First Replat of Indianhead Subdivision into three (3) residential lots, on the following described real estate, being more particularly described as follows: Lot 1, Block 1 of the First Replat of Indianhead Subdivision; being part of the SW1/4 of Section 18, Township 5 North, Range 67 West of the 6th P.M., Weld County, Colorado WHEREAS, at said hearing, the applicants were present, and WHEREAS, the Board of County Commissioners heard all of the testimony and statements of those present, studied the request of the applicants and the recommendation of the Weld County Department of Planning Services and all of the exhibits and evidence presented in this matter and, having been fully informed, finds that this request shall be approved for the following reasons: 1. The submitted materials are in compliance with the Resubdivision application requirements of Section 24-5-30.A of the Weld County Code. The applicant submitted a resubdivision application that included all the items applicable for review and a draft plat map of the subject lot being resubdivided. The application materials include an explanation of the resubdivision request. No rules, regulations, and ordinances are proposed to be changed and the resubdivision plat will not be altered in any way which will adversely affect the character of the original subdivision plat. 2. The application was processed according to the review procedures of Section 24-5-30.6 for a Resubdivision, as follows: A. Section 24-5-30.B.1 -- Any person wanting to apply for review of a resubdivision shall arrange for a preapplication conference with the Department of Planning Services. Upon receipt of a complete resubdivision application, the Department of Planning Services will schedule the request before the Board of County Commissioners. A Pre -Application (PRE18-0227) meeting was held on August 18, 2018, with Planner Diana Aungst. At that meeting it was determined that a resubdivision was applicable. No material concerns were identified. GC•• PLC Pal TP), PPl- c1,IIz/tcI 2019-1828 PL1476 RESUBDIVISION (RES19-0003) - STEPHEN AND CHRISTINE LYDON PAGE 2 B. Section 24-5-30.8.2. -- In the event a utility easement is affected, the Department of Planning Services shall schedule the resubdivision request on the first available Utilities Coordinating Advisory Committee meeting before presenting the request to the Board of County Commissioners. The existing subdivision plat map includes a fifteen -foot utility easement along all interior lot lines. No utility easements were shown on the proposed Resubdivision map. The property is served by Poudre Valley REA (electric) and Xcel Energy (natural gas). The Utility Board at a meeting held on April 25, 2019, unanimously recommended fifteen -foot utility easements on all exterior lot lines and ten -foot utility easements on all interior lot lines. No other changes to the Subdivision's overall utility or drainage design are proposed. No easements or rights -of -way will be vacated. C. Section 24-5-30.B.3. -- The Planner shall give notice of the resubdivision and the public hearing date to those person listed in the application as owners of property located within five hundred (500) feet of the resubdivision lots. Surrounding property owners within 500 feet were notified of the proposed Resubdivision. Twenty-two (22) notifications were mailed out. Planning Staff received no letters back in opposition to the request. The Resubdivision application requires a Title Commitment and a list of all legal interests in the property, per Section 24-5-30.A.2 of the Weld County Code. The Title Commitment indicated that ENT Federal Credit Union has an interest in the property. The mortgage company was notified on this request and a response stating no concerns was received April 25, 2019. D. Section 24-5-30.B.6. -- The Planner shall send the application for resubdivision to referral agencies, including, but not limited to municipalities within a three (3) mile radius of the property. The site is located within the Town of Windsor Coordinated Planning Agreement (CPA) boundary. The Towns of Johnstown and Windsor were sent referral notices. Only the Town of Windsor responded with a Notice of Inquiry form and a referral response dated March 15, 2019, indicating the site was located outside of the Town Growth Management Area and there were no concerns. The site is not located within an Urban Growth Boundary (UGB) of any municipality or Regional Urbanization Area (RUA). NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application of Stephen and Christine Lydon, for a Resubdivision, RES19-0003, to divide Lot 1, Block 1 of the First Replat of Indianhead Subdivision into three (3) lots, on the parcel of land described above be, and hereby is, granted subject to the following conditions: 1. Prior to Recording the Resubdivision Plat: A. A Final Drainage Report and Certification of Compliance stamped and signed by a Professional Engineer registered in the State of Colorado is required. B. The applicant shall address the requirements of the Weld County Department of Public Works — MS4 Division, as stated in the referral response April 12, 2019. 2019-1828 PL1476 RESUBDIVISION (RES19-0003) - STEPHEN AND CHRISTINE LYDON PAGE 3 1) An Operations and Maintenance Plan shall be submitted, detailing the long-term procedures necessary to keep the permanent control measure functioning properly. 2) Prior to issuing a Certificate of Occupancy, a permanent bmp (on -site or regional drainage feature) designed to treat the Water Quality Capture Volume (WQCV) shall be installed, in accordance with an approved Drainage Report, certified by a Colorado Licensed Engineer. 3) Prior to issuing a Certificate of Occupancy, a site inspection will be performed by Public Works staff upon completion of the permanent control measure and/or conveyances to verify proper installation. Maintenance inspections will be conducted thereafter at least every five (5) years. If pond capacity cannot be visually confirmed, a survey, performed by a Professional Land Surveyor, may be required. C. The plat shall be amended to delineate the following: 1) All pages shall be labeled Resubdivision No. RES19-0003 of Lot 1, Block 1 of 1st Replat of Indianhead Subdivision. 2) The plat shall be prepared per Section 24-5-30.A.15 of the Weld County Code. 3) The plat shall contain the certification blocks per Appendix 24-B.A and Appendix 24-G of the Weld County Code. 4) Show and label the existing fifteen -foot -wide shared utility easement as shown on the 1st Replat of Indianhead Subdivision plat. 5) Show and label a minimum ten -foot -wide shared utility easement extending along all new interior lot lines. 6) An easement for any shared drainage features, if determined necessary in the review of the drainage report. 7) Hopi Trail is a paved road and is designated on the Weld County Functional Classification Map as a local road which requires 60 feet of right-of-way at full buildout. The applicant shall delineate and label on the site map or plat the future and existing right-of-way (along with the documents creating the existing right-of-way) and the physical location of the road. All setbacks shall be measured from the edge of right-of-way. This road is maintained by Weld County. 8) Show and label the approved access locations, approved access width and the appropriate turning radii (25') on the site plan. The applicant must obtain an access permit in the approved location(s) prior to construction. 2019-1828 PL1476 RESUBDIVISION (RES19-0003) - STEPHEN AND CHRISTINE LYDON PAGE 4 9) Show and label the accepted drainage features. Stormwater ponds should be labeled as "Stormwater Detention, No -Build or Storage Area" and shall include the calculated volume. 10) Show and label the drainage flow arrows. 11) Show and label all recorded easements and rights -of -way on the map by book and page number or reception number. D. The following notes shall be delineated on the Resubdivision Plat: 1) This Resubdivision, RES19-0003, splits Lot 1, Block 1, of the First Replat of Indianhead Subdivision into three (3) residential lots 2) Allowed uses in the Resubdivision consist of A (Agricultural) uses listed in Chapter 23, Article III, Division 1 of the Weld County Code. 3) Approval of this plan may create a Vested Property Right pursuant to Article 68 of Title 24, C.R.S., as amended, and Chapter 23, Article VIII, of the Weld County Code. 4) The Resubdivision shall comply with all the regulations and requirements of Chapter 24, Article V, of the Weld County Code. 5) Installation of utilities and requirements of the service providers shall comply with Section 24-9-10 of the Weld County Code. 6) Buildings and structures shall conform to the requirements of the various codes adopted at the time of permit application. Currently, the following have been adopted by Weld County: 2018 International Building Codes, 2006 International Energy Code, 2017 National Electrical Code, and Chapter 29 of the Weld County Code. A plan review shall be approved, and a permit must be issued prior to the start of construction. 7) All access and utility easements are dedicated for the benefit of all owners of lots depicted on this plat, including owners of future lots created therefrom, regardless of lot configuration or number of users, and without limitation of the use or intensity of the use of such easements. No lot owner may install a gate or otherwise impede the use of such easements without the approval of all persons with rights of use of such easements. 8) The property owner or operator shall be responsible for controlling noxious weeds on the site, pursuant to Chapter 15, Article I and II, of the Weld County Code. 9) Any work that may occupy and/or encroach upon any County rights -of -way or easement shall acquire an approved Right -of -Way Use Permit prior to commencement. 2019-1828 PL1476 RESUBDIVISION (RES19-0003) - STEPHEN AND CHRISTINE LYDON PAGE 5 10) The historical flow patterns and runoff amounts on the site will be maintained. 11) The site is located in the Municipal Separate Storm Sewer System (MS4) designated area and is required to comply with any applicable MS4 regulations. 12) Weld County is not responsible for the maintenance of on -site drainage related features. 13) Water service shall be obtained from the Little Thompson Water District. 14) The parcel is currently not served by a municipal sanitary sewer system. Sewage disposal may be by septic systems designed in accordance with the regulations of the Colorado Department of Public Health and Environment, Water Quality Control Division, and the Weld County Code in effect at the time of construction, repair, replacement, or modification of the system. 15) Activity or use on the surface of the ground over any part of the On -site Waste Water Treatment System (OWTS) must be restricted to that which shall allow the system to function as designed and which shall not contribute to compaction of the soil or to structural loading detrimental to the structural integrity or capability of the component to function as designed. 16) The site shall comply with all applicable rules and regulations of state and federal agencies and the Weld County Code. 17) RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of the most abundant mineral resources, including, but not limited to, sand and gravel, oil, natural gas, and coal. Under Title 34 of the Colorado Revised Statutes, minerals are vital resources because (a) the state's commercial mineral deposits are essential to the state's economy; (b) the populous counties of the state face a critical shortage of such deposits; and (c) such deposits should be extracted according to a rational plan, calculated to avoid waste of such deposits and cause the least practicable disruption of the ecology and quality of life of the citizens of the populous counties of the state. Mineral resource locations are widespread throughout the County and person moving into these areas must recognize the various impacts associated with this development. Oftentimes, mineral resource sites are fixed to their geographical and geophysical locations. Moreover, these resources are protected property rights and mineral owners should be afforded the opportunity to extract the mineral resource. 18) The Weld County Right to Farm Statement, as it appears in Section 22-2- 20.J.2 of the Weld County Code, shall be placed on the map and recognized at all times. 2019-1828 PL1476 RESUBDIVISION (RES19-0003) - STEPHEN AND CHRISTINE LYDON PAGE 6 E. The applicant shall submit one (1) electronic copy (.pdf) of the draft plat for preliminary approval to the Weld County Department of Planning Services. 2. Upon plat approval by the Department of Planning Services, the applicant shall submit the RES19-0003 plat for recording in accordance with Sections 24-5-30.A.15 and 24-5-40 of the Weld County Code. A. The resubdivision plat shall be recorded within sixty (60) days from the date of the Board of County Commissioners Resolution. The applicant shall be responsible for paying the recording fee. If the resubdivision plat has not been recorded within sixty (60) days from the date of the Board of County Commissioners Resolution, or within a date specified by the Board of County Commissioners, the Board may require the landowner to appear before it and present evidence substantiating that the resubdivision has not been abandoned and that the applicant possesses the willingness and ability to record the resubdivision plat. The Board of County Commissioners may extend the date for recording the plat. If the Board determines that conditions supporting the original approval of the resubdivision plat cannot be met, the Board may, after a public hearing, revoke the resubdivision per Section 24-5-40 of the Weld County Code. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 13th day of May, A.D., 2019. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, OLORADO ATTEST: d ) ;6i Weld County Clerk to the Board Count " ttorney Date of signature: r -►1 _ 19 btu arbara Kirkmeyer , Chair Mike Freeman , Pro -Tern 2019-1828 PL1476 Planner: Case Number: Applicant: Request: Legal Description: Location: Water Service: Parent Parcel Size: Lot 1 Size: Lot 2 Size: Lot 3 Size: LAND USE APPLICATION SUMMARY SHEET Angela Snyder Hearing Date: May 13, 2019 RE519-0003 Stephen and Christine Lydon Resubdivision of Lot 1 Block 1 of 1st Replat of Indianhead Subdivision into three (3) lots Lot 1 Block 1 of the First Replat of Indianhead Subdivision; being part of the SW4 of Section 18, T5N, R67W of the 6th P.M., Weld County, CO Northwest of and adjacent to Algonquin Drive, south of and adjacent to US HWY 34 Lot 1: LTWD Tap Lot 2: Proposed LTWD Tap Lot 3: Proposed LTWD Tap ± 5.08 acres ± 2.64 acres ± 1 A4 acres + 1.00 acres Sewer Service: Lot 1: Septic # G19959049 Lot 2: Proposed Septic Lot 3: Proposed Septic Parcel No. 0957-18-1-08-001 Zoning: Agricultural The criteria for review of this Resubdivision are listed in Section 24-5-30 of the Weld County Code. The Department of Planning Services' Staff has received responses with comments from the following agencies: Weld County Department of Public Health and Environment, referral dated April 9, 2019 Y Weld County Department of Public Works — M54 Division, referral dated April 12, 2019 Weld County Department of Public Works — Development Review, referral dated April 15, 2019 The Department of Planning Services' Staff has received responses without comments from the following agencies: V V V V V V V V Town of Windsor, referral dated March 15, 2019 Greeley -Loveland Irrigation Canal, referral dated March 18, 2019 Weld County Zoning Compliance, referral dated March 19, 2019 Weld County School District RE -5J, referral dated March 25, 2019 Weld County Sheriff's Office, referral dated March 29, 2019 Colorado Department of Transportation, referral dated April 1, 2019 Little Thompson Water District, referral dated April 4, 2019 ENT Federal Credit Union, referral dated April 25, 2019 The Department of Planning Services' Staff has not received responses from the following agencies: Poudre Valley REA Y Public Service Company of Colorado Y Town of Johnstown Y Windsor Severance Fire Protection District RES19-0003 - Lydon Page 1 of 7 Planner: Case Number: Applicant: Request: Legal Description: Location: Water Service: Parent Parcel Size: Lot 1 Size: Lot 2 Size: Lot 3 Size: Narrative: RESUBDIVISION ADMINISTRATIVE REVIEW Angela Snyder RES19-0003 Stephen and Christine Lydon Hearing Date: May 13, 2019 Resubdivision of Lot 1 Block 1 of 1st Replat of Indianhead Subdivision into three (3) lots Lot 1 Block 1 of the First Replat of Indianhead Subdivision; being part of the SW4 of Section 18, T5N, R67W of the 6th P.M., Weld County, CO Northwest of and adjacent to Algonquin Drive, south of and adjacent to US HWY 34 Lot 1: LTWD Tap Lot 2: Proposed LTWD Tap Lot 3: Proposed LTWD Tap ± 5.08 acres ± 2.64 acres ± 1.44 acres + 1.00 acres Sewer Service: Lot 1: Septic # G19959049 Lot 2: Proposed Septic Lot 3: Proposed Septic Parcel No. 0957-18-1-08-001 Zoning: Agricultural The applicants are proposing a Resubdivision to split Lot 1, Block 1 of the First Replat of Indianhead Subdivision into three (3) residential lots. Lot 1 Block 1, created in the First Replat, recorded May 25, 1995, Reception #2439712, was originally three lots, Lot 17, Block 1 and Lots 31 and 32, Block 3 of the original Indianhead Subdivision. The property owners desire to re -subdivide the five -acre property to three lots. There is an existing home on proposed Lot 1 and the proposed Lots 2 and 3 are being used for pastureland. Both proposed lots will be used for single-family residential purposes. No other lots in Indianhead Subdivision have been replatted. The Resubdivision request is consistent with the size and use of the other lots within Indianhead Subdivision and does not change the overall design, concept or nature of the subdivision. This property is not subject to the Indianhead covenants according to a legal brief dated August 21, 1995 and submitted with this application. The Title Commitment submitted with the application, dated November 20, 2018, confirmed a mortgage with ENT Federal Credit Union. The credit union returned a referral response stating no concern. The Utility Board, at their April 25, 2019 meeting, requested utility easements be added that match those of the original Indianhead Subdivision, fifteen feet for exterior lot lines and ten feet for interior lot lines. The Department of Planning Services' staff recommends that this request be approved for the following reasons: 1. It is the opinion of the Department of Planning Services that the submitted materials are in compliance with the Resubdivision application requirements of Sections 24-5-30.A. and B. of the Weld County Code as amended by Ordinance 2018-03. A. Section 24-5-30A -- An applicant shall submit a complete resubdivision application and application fee to the Planner. RES19-0003 - Lydon Page 2 of 7 The applicant submitted a resubdivision application that included all the items applicable for review and a draft plat map of the subject lot being resubdivided. The application materials include an explanation of the resubdivision request. No rules, regulations, and ordinances are proposed to be changed and the resubdivision plat will not be altered in any way which will adversely affect the character of the original subdivision plat. B. Section 24-5-30.B. -- Review procedures for resubdivision. The application was processed according to the review procedures for a Resubdivision. Pertinent processing information includes: 1. Section 24-5-30.B.1. -- Any person wanting to apply for review of a resubdivision shall arrange for a preapplication conference with the Department of Planning Services. Upon receipt of a complete resubdivision application, the Department of Planning Services will schedule the request before the Board of County Commissioners. A Pre -Application (PRE18-0227) meeting was held on August 18, 2018 with Planner Diana Aungst. At that meeting it was determined that a resubdivision was applicable. No material concerns were identified. 2. Section 24-5-30.B.2. -- In the event a utility easement is affected, the Department of Planning Services shall schedule the resubdivision request on the first available Utilities Coordinating Advisory Committee meeting before presenting the request to the Board of County Commissioners. The existing subdivision plat map includes a fifteen -foot utility easement along all interior lot lines. No utility easements were shown on the proposed Resubdivision map. The property is served by Poudre Valley REA (electric) and Xcel Energy (natural gas). The Utility Board at a meeting held on April 25, 2019, unanimously recommended fifteen -foot utility easements on all exterior lot lines and ten -foot utility easements on all interior lot lines. No other changes to the Subdivision's overall utility or drainage design are proposed. No easements or rights -of -way will be vacated. 3. Section 24-5-30.B.3. -- The Planner shall give notice of the resubdivision and the public hearing date to those person listed in the application as owners of property located within five hundred (500) feet of the resubdivision lots. Surrounding property owners within 500 feet were notified of the proposed Resubdivision. Twenty-two (22) notifications were mailed out. Planning Staff received no letters back in opposition to the request. The Resubdivision application requires a Title Commitment and a list of all legal interests in the property per Section 24-5-30.A.2 of the Weld County Code. The Title Commitment indicated that ENT Federal Credit Union has an interest in the property. The mortgage company was notified on this request and a response stating no concerns was received April 25, 2019. 4. Section 24-5-30.B.6. -- The Planner shall send the application for resubdivision to referral agencies, including, but not limited to municipalities within a three (3) mile radius of the property. The site is located within the Town of Windsor Coordinated Planning Agreement (CPA) boundary. The Towns of Johnstown and Windsor were sent referral notices. Only the Town of Windsor responded with a Notice of Inquiry form and a referral response dated March 15, 2019 indicating that the site was located outside of the Town Growth Management Area and there were no concerns. The site is not located within an Urban Growth Boundary (UGB) of any municipality or Regional Urbanization Area (RUA). RES19-0003 - Lydon Page 3 of 7 This recommendation is based, in part, upon a review of the application materials submitted by the applicant, other relevant information regarding the request, and responses from referral agencies. The Department of Planning Services' Staff recommendation for approval is conditional upon the following: 1. Prior to Recording the Resubdivision Plat: A. A Final Drainage Report and Certification of Compliance stamped and signed by a Professional Engineer registered in the State of Colorado is required. (Department of Public Works) B. The applicant shall address the requirements of the Weld County Public Works — MS4 Division, as stated in the referral response April 12, 2019. 1. An Operations and Maintenance Plan shall be submitted, detailing the long-term procedures necessary to keep the permanent control measure functioning properly. (Department of Public Works — MS4) 2. Prior to issuing a Certificate of Occupancy, a permanent bmp (on -site or regional drainage feature) designed to treat the Water Quality Capture Volume (WQCV) shall be installed in accordance with an approved Drainage Report, certified by a Colorado Licensed Engineer. (Department of Public Works — M54) 3. Prior to issuing a Certificate of Occupancy, a site inspection will be performed by Public Works staff upon completion of the permanent control measure and/or conveyances to verify proper installation. Maintenance inspections will be conducted thereafter at least every five years. If pond capacity cannot be visually confirmed, a survey, performed by a Professional Land Surveyor, may be required. (Department of Public Works — MS4) C. The plat shall be amended to delineate the following: 1. All pages shall be labeled Resubdivision No. RES19-0003 of Lot 1 Block 1 of 1st Replat of Indianhead Subdivision. (Department of Planning Services) 2. The plat shall be prepared per Section 24-5-30.A.15. of the Weld County Code. (Department of Planning Services) 3. The plat shall contain the certification blocks per Appendix 24-B.A and Appendix 24-G of the Weld County Code. (Department of Planning Services) 4. Show and label the existing fifteen -foot -wide shared utility easement as shown on the 1st Replat of Indianhead Subdivision plat. (Department of Planning Services — Utility Board) 5. Show and label a minimum ten -foot -wide shared utility easement extending along all new interior lot lines. (Department of Planning Services — Utility Board) 6. An easement for any shared drainage features, if determined necessary in the review of the drainage report. (Department of Planning Services — Utility Board) 7. Hopi Trail is a paved road and is designated on the Weld County Functional Classification Map as a local road which requires 60 feet of right-of-way at full buildout. The applicant shall delineate and label on the site map or plat the future and existing right-of-way (along with the documents creating the existing right-of-way) and the physical location of the road. All setbacks shall be measured from the edge of right-of-way. This road is maintained by Weld County. (Department of Public Works) RES19-0003 - Lydon Page 4 of 7 8. Show and label the approved access locations, approved access width and the appropriate turning radii (25') on the site plan. The applicant must obtain an access permit in the approved location(s) prior to construction. (Department of Public Works) 9. Show and label the accepted drainage features. Stormwater ponds should be labeled as "Stormwater Detention, No -Build or Storage Area" and shall include the calculated volume. (Department of Public Works) 10. Show and label the drainage flow arrows. (Department of Public Works) 11. Show and label all recorded easements and rights -of -way on the map by book and page number or reception number. (Department of Planning Services) D. The following notes shall be delineated on the Resubdivision Plat: 1. This Resubdivision, RES19-0003, splits Lot 1 Block 1 of 1st Replat of Indianhead Subdivision into three (3) residential lots (Department of Planning Services) 2. Allowed uses in the Resubdivision consist of A (Agricultural) uses listed in Chapter 23, Article III, Division 1 of the Weld County Code. (Department of Planning Services) 3. Approval of this plan may create a Vested Property Right pursuant to Article 68 of Title 24, C.R.S., as amended and Chapter 23, Article VIII of the Weld County Code. (Department of Planning Services) 4. The Resubdivision shall comply with all the regulations and requirements of Chapter 24, Article 5 of the Weld County Code. (Department of Planning Services) 5. Installation of utilities and requirements of the service providers shall comply with Section 24-9-10 of the Weld County Code. (Department of Planning Services) 6. Buildings and structures shall conform to the requirements of the various codes adopted at the time of permit application. Currently the following has been adopted by Weld County: 2018 International Building Codes; 2018 International Residential Code; 2006 International Energy Code; 2017 National Electrical Code; and Chapter 29 of the Weld County Code. A plan review shall be approved, and a permit must be issued prior to the start of construction. (Department of Planning Services) 7. All access and utility easements are dedicated for the benefit of all owners of lots depicted on this plat, including owners of future lots created therefrom, regardless of lot configuration or number of users, and without limitation of the use or intensity of the use of such easements. No lot owner may install a gate or otherwise impede the use of such easements without the approval of all persons with rights of use of such easements. (Department of Planning Services) 8. The property owner or operator shall be responsible for controlling noxious weeds on the site, pursuant to Chapter 15, Article I and II, of the Weld County Code. (Department of Public Works) 9. Any work that may occupy and or encroach upon any County rights -of -way or easement shall acquire an approved Right -of -Way Use Permit prior to commencement. (Department of Public Works) 10. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Public Works) 11. The site is located in the Municipal Separate Storm Sewer System (M54) designated area and is required to comply with any applicable M54 regulations. (Department of Public Works) RES19-0003 - Lydon Page 5 of 7 12. Weld County is not responsible for the maintenance of onsite drainage related features. (Department of Public Works) 13. Water service may be obtained from Little Thompson Water District. (Department of Public Health and Environment) 14. The parcel is currently not served by a municipal sanitary sewer system. Sewage disposal may be by septic systems designed in accordance with the regulations of the Colorado Department of Public Health and Environment, Water Quality Control Division and the Weld County Code in effect at the time of construction, repair, replacement, or modification of the system. (Department of Public Health and Environment) 15. Activity or use on the surface of the ground over any part of the OWTS must be restricted to that which shall allow the system to function as designed and which shall not contribute to compaction of the soil or to structural loading detrimental to the structural integrity or capability of the component to function as designed. (Department of Public Health and Environment) 16. The site shall comply with all applicable rules and regulations of State and Federal agencies and the Weld County Code. 17. RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of the most abundant mineral resources, including, but not limited to, sand and gravel, oil, natural gas, and coal. Under title 34 of the Colorado Revised Statutes, minerals are vital resources because (a) the state's commercial mineral deposits are essential to the state's economy; (b) the populous counties of the state face a critical shortage of such deposits; and (c) such deposits should be extracted according to a rational plan, calculated to avoid waste of such deposits and cause the least practicable disruption of the ecology and quality of life of the citizens of the populous counties of the state. Mineral resource locations are widespread throughout the County and person moving into these areas must recognize the various impacts associated with this development. Often times, mineral resource sites are fixed to their geographical and geophysical locations. Moreover, these resources are protected property rights and mineral owners should be afforded the opportunity to extract the mineral resource. 18. WELD COUNTY'S RIGHT TO FARM STATEMENT: Weld County is one of the most productive agricultural counties in the United States, typically ranking in the top ten counties in the country in total market value of agricultural products sold. The rural areas of Weld County may be open and spacious, but they are intensively used for agriculture. Persons moving into a rural area must recognize and accept there are drawbacks, including conflicts with long-standing agricultural practices and a lower level of services than in town. Along with the drawbacks come the incentives which attract urban dwellers to relocate to rural areas: open views, spaciousness, wildlife, lack of city noise and congestion, and the rural atmosphere and way of life. Without neighboring farms, those features which attract urban dwellers to rural Weld County would quickly be gone forever. Agricultural users of the land should not be expected to change their long-established agricultural practices to accommodate the intrusions of urban users into a rural area. Well -run agricultural activities will generate off -site impacts, including noise from tractors and equipment; slow -moving farm vehicles on rural roads; dust from animal pens, field work, harvest and gravel roads; odor from animal confinement, silage and manure; smoke from ditch burning; flies and mosquitoes; hunting and trapping activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and fertilizers in the fields, including the use of aerial spraying. It is common practice for agricultural producers to utilize an accumulation of agricultural machinery and supplies to assist in their agricultural operations. A concentration of miscellaneous agricultural materials often produces a visual disparity between rural and urban areas of the County. Section 35-3.5- RES19-0003 - Lydon Page 6 of 7 102, C.R.S., provides that an agricultural operation shall not be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs methods or practices that are commonly or reasonably associated with agricultural production. Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to assume that ditches and reservoirs may simply be moved "out of the way" of residential development. When moving to the County, property owners and residents must realize they cannot take water from irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water. Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice the size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of state and County roads outside of municipalities. The sheer magnitude of the area to be served stretches available resources. Law enforcement is based on responses to complaints more than on patrols of the County, and the distances which must be traveled may delay all emergency responses, including law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must leave their jobs and families to respond to emergencies. County gravel roads, no matter how often they are bladed, will not provide the same kind of surface expected from a paved road. Snow removal priorities mean that roads from subdivisions to arterials may not be cleared for several days after a major snowstorm. Services in rural areas, in many cases, will not be equivalent to municipal services. Rural dwellers must, by necessity, be more self-sufficient than urban dwellers. People are exposed to different hazards in the County than in an urban or suburban setting. Farm equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center pivot operations, high speed traffic, sand burs, puncture vines, territorial farm dogs and livestock, and open burning present real threats. Controlling children's activities is important, not only for their safety, but also for the protection of the farmer's livelihood. E. The applicant shall submit one (1) electronic copy (.pdf) of the draft plat for preliminary approval to the Weld County Department of Planning Services. 2. Upon plat approval by the Department of Planning Services, the applicant shall submit the plat for recording in accordance with Section 24-5-30.A.15 and Section 24-5-40 of the Weld County Code. A. The resubdivision plat shall be recorded within sixty (60) days from the date of the Board of County Commissioners resolution. The applicant shall be responsible for paying the recording fee. If the resubdivision plat has not been recorded within sixty (60) days from the date of the Board of County Commissioners resolution, or within a date specified by the Board of County Commissioners, the Board may require the landowner to appear before it and present evidence substantiating that the resubdivision has not been abandoned and that the applicant possesses the willingness and ability to record the resubdivision plat. The Board of County Commissioners may extend the date for recording the plat. If the Board determines that conditions supporting the original approval of the resubdivision plat cannot be met, the Board may, after a public hearing, revoke the resubdivision per Section 24-5-40 of the Weld County Code. RES19-0003 - Lydon Page 7 of 7 March 15, 2019 DEPARTMENT OF PLANNING SERVICES 1555 N 17th AVE GREELEY, CO 80631 WEBSITE: www.weldgov.com E-MAIL: asnyder@weldgov.com PHONE: (970) 400-3525 FAX: (970) 304-6498 LYDON SEAN 6501 ALGONQUIN DR JOHNSTOWN CO 80534 Subject: RES19-0003 - Resubdivision of Lot 1 Block 1 of 1st Replat of Indianhead Subdivision into three (3) lots On parcel(s) of land described as: LOT 1 BLOCK 1 INDIANHEAD SUB 1ST REPLAT, PART OF SECTION 18, T5N, R67W of the 6th P.M., Weld County, Colorado. Dear Applicants: Your application and related materials for the request described above are complete and in order at this time. I will schedule a meeting with you at the end of the review period to discuss the referral comments received by our office. It is the policy of Weld County to refer an application of this nature to any town or municipality lying within three miles of the property in question or if the property under consideration is located within the comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy of the submitted materials to the following Planning Departments for their review and comments: Johnstown at Phone Number 970-587-4664 Windsor at Phone Number 970-674-2400 It is recommended that you contact the listed Planning Departments for information regarding their process and to answer any questions that might arise with respect to your application. If you have any questions concerning this matter, please call. Respectfully, ] {/ f Angela Snyder Planner PRE APPLICATION REVIEW REQUEST • The first meeting with the County's Development Review Team is a Pre -Application review meeting. Anyone with a development idea can schedule a Pre -Application review meeting to get feedback on their idea. Pre - Application meetings are free and are meant to assist property owners and applicants in understanding what is required during development review. • At the Pre -Application meeting, members of various departments will offer comments on the development proposal. Based on the input from the meeting the applicant can then decide if they would like to move forward with a formal Land Use application. • Pre -Application reviews are typically held Thursdays and Fridays of any given week at the planning department offices at the address at the bottom of this form. Submit the Pre -Application review request form, questionnaire, and map to the planning department. A planner will contact the applicant and set up a date and time for the Pre -Application meeting. • The application can be mailed, emailed to Michelle Martin (mmartin@weldgov.com), faxed to 970-304-6498, or dropped off at the Planning Department at 1555 N. 17th Ave, Greeley, CO, 80631. • The week following the Pre --Application meeting, the applicant will receive meeting minutes summarizing the requirements that are specific to the project discussed during the meeting. The comments, from the meeting minutes, assist you in preparing the detailed components of your formal Land Use application. Contact Information: Name OFFICE USE ONLY Case Number: Planner: Date and time of meeting: Stephen Lydon - Sean Lydon Phone (970) 775-4703 Fax Email slydon14@gmail.com Address 6501 Algonquin Dr., Johnstown, Co 80534 Project Description Subdivide Property Pro oerty Information: Section -Township - Range Zone District 18-05-67 Parcel Number Acreage +/- 5 095718108001 Site Address 6501 Algonquin Dr., Johnstown, CO 80534 Water Source Greeley Legal Description ISR L1 BLK1 INDIANHEAD SUB 1ST REP SewerlSeptic Septic Owner Name LYDON STEPHEN & CHRISTINE Is this property currently in violation? Yes '. No Case Number Preferred date and time for meeting (Thursday or Friday):Frida P' ASAP 'P a.m. or p.m. • View the Weld County Code httos://www.weldcov.com/ • View the Weld County Property Portal https://www.co.weld.co.us/maps/propertyportal/ • View other Weld County Planning Cases - E -permit center https://accela-aca.co.weld.co.us/citizenaccess/ 712112017 1 Weld County Department of Planning Services I Development Review 1555 N. 17th Avenue, Greeley, CO 80631 I Ph: 970-400-6100 I Fax: 970-304-6498 www.co.weld.co.us/Departments/PlanningZoning Stephen Lydon —Sean Lydon 970.775.4703 Slydonl4@gmail.com 6501 Algonquin Dr. Johnstown, Co 80534 Project Description: Would like to the discuss the possibilities of subdividing my land into three separate parcels. it has been a dream of mine to have my son(s) build a house on our land. Parcel #1 in the drawing is the parcel that we are wanting to build the first house on. Planning Questions 1. Explain, in detail, the proposed use of the property. a. The proposed use of the property is to potentially sub -divide the property into THREE separate parcels. The initial purpose will be to build a house on Parcel #1 as shown in white in the attached picture. 2. What are the hours and days of operation? (e.g. Monday thru Friday 8am to 5pm.) a. There would be no operation involved with this situation. 3. List the number of full time and part time employees proposed to work at this site. a. There would be no employees or workers on this site as it would be a residence. The only workers would be the ones that are involved with constructing the house. 4. If shift work is proposed include the number of employees per shift. a. Not applicable, see answer to #3. 5. List the number of people who will use this site. Include contractors, truck drivers, customers, volunteers, etc. a. Not applicable, see answer #3. E. If this is a dairy, livestock confinement operation, kennel, etc. List the number and type of animals. s.. a. Not applicable. 7. Describe the type of lot surface and the square footage of each type. (e.g. asphalt, gravel landscaping, dirt, grass, buildings) a. There would be a cement/asphalt driveway. There will be grass in the backyard behind a fence. The only buildings would be the house/garage. b. See attached picture for proposed plan. Engineering Questions 1. How many roundtrips/day are expected for each vehicle type: Passenger Cars/Pickups, Tandem Trucks, Semi-Truck/Trailer/RV (Roundtrip = 1 trip in and 1 trip out of site) a. Cars/Pickups = 1— 3 b. Tandem Trucks = o c. Semi-Truck/Trailer/RV = 0 2. Describe the expected travel routes for the site traffic. a. See attached picture to see anticipated driveway. Describe the travel distribution along the routes (e.g. 50% of traffic will come from the north, 20% from the south, 30% from the east, etc.) a. 100% of the travel distribution will come from the road to the east. 4. Describe the time of day that you expect the highest traffic volumes from above. a. Gam —8 am&4prn-6 pm. 5. Describe the existing and proposed (if applicable) direction the water flows within the property. a. The water flows from the north to the south (to the canal). This would not change with the proposed plan. 6. Is there a low spot on the site where water accumulates? a. No the site drains exceptionally well. Environmental Health Questions 1. What is the drinking water source on the property? If utilizing a drinking water well include the well permit number. a. Greeley water 2. What type of sewage disposal system is on the property? If utilizing an existing septic system provide the septic permit number. a. Septic System/Leach Field L Permit Number: k. Would need a separate septic system 3. If storage or warehousing is proposed, what type of items will be stored? a. Not applicable. Building Questions 1. List the type, size (sq ft), and number of existing and proposed structures. a. Current House b. Shed/Garage c. Barn= d. Lean -To = 600 sq/ft i4 Would be removed 2. Will the existing structures be used for this LJSR? a. No, not applicable 3. List the proposed uses of each structure. a. New House i. 3 bedroom, 2.5 baths, unfinished basement and a three car garage. ii. For my son and his wife. I have always wanted to help them with their dream of building house. k. All other structures i. Will be continued their normal use. `i IN IIK N ilgonquin Dr, ",,, ., _ V t4 MEMORANDUM TO: PRE18-0227; Case File, pre -application DATE: August 10, 2018 FROM: Michelle Wall, Planning Technician SUBJECT: Pre -Application Meeting prior to submitting Resubdivision Attendees: Stephen Lydon, Applicant Sean Lydon Diana Aungst, Planning Evan Pinkham, Public Works Michelle Wall, Planning On Friday, August 10, 2018 an informal discussion took place at the Greeley Administrative Offices Conference Room regarding a proposed resubdivision in Indianhead Subdivision. (The legal description is ISR Lot 1 Block 1 Indianhead Sub 15t Rep, Section 18, T5N, R67W of the 6th P.M.; Situs Address is 6501 Algonquin Drive, Johnstown.) Background Information: Applicant is proposing to split his property into 3 separate parcels. All 3 parcels would have single-family homes built on them. Building Department Staff was unavailable; however please contact Jose Gonzalez at 970-353-6100 ext. 3540 for further direction. Building permits may be required, per Section 29-3-10 of the Weld County Code. Currently the following has been adopted by Weld County: 2012 International Residential Code, 2012 International Building Code, 2012 International Mechanical Code, 2012 International Plumbing Code, 2012 International Plumbing Code, 2012 International Fuel Gas Code, 2006 International Energy Conservation Code, and 2017 National Electrical Code. A building permit application must be completed and two complete sets of engineered and architectural plans bearing the wet stamp of a Colorado registered engineer or architect must be submitted for review for each structure. Pre -Manufactured non-residential structures are required to comply with State of Colorado Resolution 35 requirement. A complete code analysis prepared by a registered design professional is required, and shall be submitted with All Commercial Building Permit Applications to Weld County. All new Commercial Building Projects require Fire District Notification (letter or email form). Proof shall be submitted with Commercial Permit applications. Final Fire District Approval is also required prior to issuing a Certificate of Occupancy and or closing a building permit. Building department staff strongly recommends a pre -application building permit submittal meeting, and, or a pre -construction meeting with Building Department staff for an overview of permit requirements. Please call 970-400-6100 and ask for a Plans Examiner. Building permit requirements can be found on the web -site link below: https://wwwweldqov.com/departments/buildind/budding permit/construction handouts more information/ Health Department Staff was unavailable; however please contact Lauren Light at 970-400-2211 for further direction. Sewage disposal information: Include in application how sewage disposal will be accommodated. If using a septic system provide a copy of the septic permit. Either utilize the County website www.co weld.co.usimaps/propertyportal/ or call (970-304-6415) or stop by EH front counter and request a copy. Potable water information: Include in application how potable water will be provided. Provide a will serve letter or water bill from the water district or provide a copy of well permit. Public Works Staff comments for pre -applications are provided as a courtesy to the applicant. While we strive to help identify as many potential issues upfront during the pre -application meeting we cannot anticipate every issue that may come up during the formal application process. Parcel(s): 095718108001 The project proposes: Resubdivision COMMENTS ROADS AND RIGHTS -OF -WAY Lakotah Court is a paved road and is designated on the Weld County Functional Classification Map (Code Ordinance 2017-01) as a(n) local road, which requires 60 feet of right-of-way. The applicant shall delineate on the site map or plat the future and existing right-of-way and the physical location of the road. If the right-of-way cannot be verified it shall be dedicated. Pursuant to the definition of setback in the Weld County Code, Chapter 23, Article III, Section 23-3-50, the required setback is measured from the future right-of-way line. Be aware that physical roadways may not be centered in the right-of-way. This road is maintained by Weld County. Per Chapter 12, Article 4, Section 12-4-30.B, a Weld County Right -of -Way Use Permit is required for any project that will be occupying, constructing or excavating facilities within, and/or encroaching upon, any County rights -of -way or easement. Right -of -Way Use Permit instructions and application can be found at https://www.welddov.com/departments/publicworks/permits/. Weld County will not replace overlapping easements located within existing right-of-way or pay to relocate existing utilities within the County right-of-way. ACCESS Table 12A.2 Minimum Access Spacing Criteria (Feet) Access Element Arterial Collector Local Distance between intersections Signalized Unsignalized 2,640 1,320 N/A 1,320 N/A 330 Distance between accesses and intersections 660 660 330 Distance between access points 660 330 150 Distance between access points in subdivisions 660 330 75 Per Chapter 12, Article 5, Section 12-5-30, an Access Permit is required for access to Weld County maintained roadways. We strongly encourage you to discuss your access with Public Works prior to laying out your site plan to ensure the approved accesses are compatible with your layout. For new accesses and/or change of use of an existing access, the fee and photos are required (photo looking left and right along roadway from the access point and looking in to and out of the access point). These photos are used to evaluate the safety of the access location. Access permit instructions and application can be found at https //www.weldgov corn/departments/public works/permits/. Chapter 6, Sections 6.3, 6.4 and 6.5 of the Weld County Engineering and Construction Criteria offer access design guidance, which can be accessed at: https://www weldqov.com/departments/public works/enqineerinq/. Appendix 12-A of the county code can also be referenced. Existing access points with change of use or new access points may or may not be granted. Questions pertaining to access permits or access design shall be directed to the Public Works Department. Application Fee: temporary $75, single residential $75, small commercial $75, industrial $150, field $0, large commercial $150, subdivision $150. This can be accessed at: https://www weldqov.com/departments/public works/enqineerinq/. For shared accesses, Public Works strongly recommends the property owner establish an access road maintenance agreement so future owners of the properties will be aware of their requirements for shared maintenance of the access road. This is not a requirement for the recorded exemption but is recommended to avoid property owner conflicts in the future. Per Chapter 12, Appendix 12A.4.1 of the Weld County Code, an access approach that is gated shall be designed so that the longest vehicle (including trailers) using the access can completely clear the traveled way when the gate is closed. In no event, shall the distance from the gate to the edge of the traveled surface be less than 35 feet. TRAFFIC IMPACT STUDY REQUIREMENTS As part of the development review process, all new commercial or residential developments will be required to submit a TIS that is prepared, stamped, and signed by a professional engineer licensed in the State of Colorado, unless the TIS is waived by Public Works. Traffic Narrative: 1. Describe how many roundtrips/day are expected for each vehicle type: Passenger Cars/Pickups, Tandem Trucks, Semi-Truck/Trailer/RV (Roundtrip = 1 trip in and 1 trip out of site) 2. Describe the expected travel routes or haul routes for site traffic. 3. Describe the travel distribution along the routes (e.g. 50% of traffic will come from the north, 20% from the south, 30% from the east, etc.) 4. Describe the time of day that you expect the highest traffic volumes. DRAINAGE REQUIREMENTS: Weld County has recently adopted a new stormwater drainage code located under Chapter 23, Article 12 Storm Drainage Criteria. A list of professional engineering consultants is available if you need help finding an engineer to assist you with your project at the following link http://www.co.weld.co.us/Departments/PlanningZoning/Engineering.html. Please contact the Department of Planning Services/Development Review Engineering for questions or assistance 970-353-6100. URBANIZING VS NON -URBANIZING DRAINAGE AREA: This area IS within an Urbanizing Drainage Area: Urbanizing Drainage Areas generally require detention of runoff from the 1 -hour, 100 -year, storm falling on the developed site and release of the detained water at the historic runoff rate of the 1 -hour, 5 -year storm falling on the undeveloped site. Detention pond summarized in a drainage report is required unless the project falls under an exception to stormwater detention requirements per code section 23-12-30 F.1. To avoid holding up case processing, a minimum of either a preliminary drainage report or a drainage narrative with exception as shown below must be submitted with 7 -day case submittal information. Detention Pond Requirements: 1. Drainage Narrative requirements with exception from detention pond. The Drainage Narrative must describe at a minimum: i. Which exception is being applied for and include supporting documentation ii. Where the water originates if it flows onto the property from an offsite source iii. Where it flows to as it leaves the property iv. The direction of flow across the property v. If there have been previous drainage problems with the property DRAINAGE CODE REQUIREMENTS (informational only): Section 23-12-30. Drainage Policy. F. Exceptions. Exceptions to stormwater detention shall not jeopardize the public health, safety, and welfare of public and private property and shall be limited to the following: No stormwater detention will be required for sites that meet any of the following conditions. Requirements of the Municipal Separate Storm Sewer System (MS4) areas remain applicable. 8. Development of sites where the change of use does not increase the imperviousness of the site. Historic Flows: The applicants will be required to maintain the historic drainage flows and run-off amounts that exist from the property. GRADING PERMIT: A Weld County Grading Permit will be required if disturbing more than 1 acre. Grading Permit applications are accepted after the planning process is complete (map recorded). An Early Release Request Form may be entertained only after the applicant and Planning Department have reviewed the referral and surrounding property owner comments. The Early Release Request may or may not be granted depending on referral comments and surrounding property owner concerns. Contact an Engineering representative from the Planning Department for more information. Application Fees: 1-5 Acres/ $50, 5.1 - 20 Acres/$100, 20.1 Acres or Greater/$200 + $1 per acre over 20. A Construction Stormwater Permit is also required with the State for disturbing more than 1 acre. Contact: Colorado Department of Public Health and Environment, Water Quality Control Division, Permit Support Staff at 303-692-3517. SITE MAP REQUIREMENTS A Site Plan will be required identifying the following (if applicable): o Show and label location of existing road, existing road right-of-way, future road right-of-way, and easements o Show and label the unmaintained section line right-of-way o Show and label location of the access(es) and label with access permit number o Show and label the access turning radii (Residential - 25' Commercial - 60') o Show and label the approved tracking control o Show and label location of drainage related features i.e. detention pond(s), ditches, etc... Detention ponds shall be labeled as "No Build/Storage Area" and include design volume o Show and label the drainage flow arrows showing how the stormwater flows across the property o Show and label the parking and traffic circulation flow arrows showing how the traffic moves around the property Please contact the following staff regarding the following Public Works issues: Access Permits: Morgan Gabbert mgabbert@weldgov.com 970-400-3778 Improvements Agreements: Evan Pinkham epinkham@weldgov.com 970-400-3727 Traffic Studies: Dawn Anderson dranderson@weldgov corn 970-400-3736 MS4 Areas: Lyndsay Holbrook Iholbrook@weldgov.com 970-400-3788 Right -of -Way Permits: Amy Joseph ajoseph@weldgov.com 970-400-3764 Drainage: Hayley Balzano hbalzano@weldgov.com 970-400-3738 Planning Department Additional fees may be included with the Building Permit such as Road Impact, County Facilities and Drainage fees. Please refer to the handout provided. Weld County has a Coordinated Planning Agreement (CPA) with the City of Windsor. The Planning Director will contact the City Manager to give notice of this pre -application meeting. Staff advised the applicants to contact the City of Windsor regarding possible land use permitting including possible annexation. Staff provided applicant with a Notice of Inquiry form to take to the town. Staff urged the applicant to contact staff for any questions: Planner on Call available Monday through Friday 7:30 a.m. to 4:30 p.m. or contact Diana Aungst 970-400- 3524 or daungst@weldgov corn. Staff explained the Resubdivision process. The applicant shall submit 1 packet for a 7 -day completeness review. After the 7 -day completeness review the applicant will be informed of what items are still required to make the application complete. Staff requested that the applicant submit the remaining material in electronic form. Upon submittal of a completed application it will be sent out for referral for 28 days. The applicant will then meet with their Planner to discuss the referrals and address as many of the referrals as possible. At that meeting the Planning Commission hearing will be scheduled. A Utility Board hearing will be scheduled. The Board of County Commissioners hearing typically follows approximately 3 weeks after the Planning Commission hearing. Applicant inquired about splitting the property into 5 lots instead of 3. Staff explained that would require a Planned Unit Development process. Staff explained the PUD (Planned Unit Development) process. There are 3 steps to the process: 1) Sketch, 2) Change of Zone, and 3) Final Plan. The applicant shall submit 1 packet for a 7 -day completeness review at each step in the process. After the 7 -day completeness review the applicant will be informed of what items are still required to make the application complete. Staff requested that the applicant submit the remaining material in electronic form. Upon submittal of a completed application it will be sent out for referral for 28 days. The applicant will then meet with their Planner to discuss the referrals and address as many of the referrals as possible. The Sketch Plan is an administrative process. The Change of Zone is required to be heard by the Planning Commission and Board of County Commissioners. If a Specific Development Guide is submitted at the Change of Zone step the Final Plan shall be administratively reviewed if granted by the Board of County Commissioners. If a Conceptual Guide is provided at the Change of Zone step then a hearing before the Board of County Commissioners will be required. Applicant asked about building a wall/fence with conex containers stacked two high. Staff explained an Use by Special Review permit would be required. Staff explained the USR process. The applicant shall submit 1 packet for a 7 -day completeness review. After the 7 -day completeness review the applicant will be informed of what items are still required to make the application complete. Staff requested that the applicant submit the remaining material in electronic form. Upon submittal of a completed application it will be sent out for referral for 28 days. The applicant will then meet with their Planner to discuss the referrals and address as many of the referrals as possible. At that meeting the Planning Commission hearing will be scheduled. The Board of County Commissioners hearing typically follows approximately 3 weeks after the Planning Commission hearing. The above notes are provided as a courtesy to the applicant. While we strive to help identify as many potential issues upfront during the pre -application meeting we cannot anticipate every issue that may come up during the formal application process. The information contained herein has been placed on file with the Department of Planning Services. The pre -application is valid for a period of one (1) year from the date of pre - application. If a formal application is not received following the time period specified herein the Planning Department reserves the right to require a new pre -application meeting. Please note that all land use, building and impact fees are subject to change throughout this time period. End memorandum. NOTICE Pursuant to the zoning laws of the State of Colorado and the Weld County Code, a public hearing will be held in the Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County Administration Building, 1150 O Street, Assembly Room, Greeley, Colorado 80631, at the time specified. If a court reporter is desired, please advise the Clerk to the Board, in writing, at least five days prior to the hearing. The cost of engaging a court reporter shall be borne by the requesting party. In accordance with the Americans with Disabilities Act, if special accommodations are required in order for you to participate in this hearing, please contact the Clerk to the Board's Office at (970) 400-4225, prior to the day of the hearing. The complete case file may be examined in the office of the Clerk to the Board of County Commissioners, Weld County Administration Building, 1150 O Street, Greeley, Colorado 80631. E-mail messages sent to an individual Commissioner may not be included in the case file. To ensure inclusion of your e-mail correspondence into the case file, please send a copy to egesick@weldgov.com. DATE: May 13, 2019 TIME: 9:00 a.m. APPLICANT: Stephen and Christine Lydon 6501 Algonquin Drive Loveland, CO 80534-8288 REQUEST: Resubdivision, RES19-0003, to divide Lot 1, Block 1 of the First Replat of Indianhead Subdivision into three (3) residential lots LEGAL DESCRIPTION: Lot 1, Block 1 of the First Replat of Indianhead Subdivision; being part of the SW1/4 of Section 18, Township 5 North, Range 67 West of the 6th P.M., Weld County, Colorado LOCATION: Northwest of and adjacent to Algonquin Drive, south of and adjacent to U.S. Highway 34 (See Legal Description for precise location.) BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED: May 3, 2019 PLANNING COMMISSION & BOARD OF COUNTY COMMISSIONERS SIGN POSTING CERTIFICATE THE LAST DAY TO POST THE SIGN IS 5/2/2019. THE SIGN SHALL BE POSTED ADJACENT TO AND VISIBLE FROM A PUBLICALLY MAINTAINED ROAD RIGHT-OF- WAY. IN THE EVENT THE PROPERTY BEING CONSIDERED FORA SPECIAL REVIEW IS NOT ADJACENT TO A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY, THE DEPARTMENT OF PLANNING SERVICES SHALL POST ONE SIGN IN THE MOST PROMINENT PLACE ON THE PROPERTY AND POST A SECOND SIGN AT THE POINT AT WHICH THE DRIVEWAY (ACCESS DRIVE) INTERSECTS A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY. I, ANGELA SNYDER, HEREBY CERTIFY UNDER PENALTIES OF PERJURY THAT THE SIGN WAS POSTED ON THE PROPERTY AT LEAST 10 DAYS BEFORE THE BOARD OF COMMISSIONERS HEARING FOR RES19-0003 IN THE AGRICULTURAL ZONE DISTRICT. Angela Snyder Name of Person Posting Sign Signature of Person Posting Sign STATE OF COLORADO ) COUNTY OF WELD ) SS. The foregoing instrument was subscribed and sworn to me this day of , 2019. WITNESS my hand and official seal. Notary Public My Commission Expires: RESUBDIVISION APPLICATION FOR PLANNING DEPARTMENT USE: AMOUNT $ APPLICATION RECEIVED BY DATE RECEIVED: CASE # ASSIGNED: PLANNER ASSIGNED: Parcel Number(s): oa.`_, -1 -I- L> - j_&---------- (12-digit number - found on Tax I.D. information, obtainable at the Weld County Assessor's Office, or (Include all lots being included in the application area. Attach an additional sheet if necessary.) Legal Description(s) Is V, L:L Lt& i— ,._c>-;:,�,� ,�k . ,, `�, �� 'F r ection r , Township c N, Range (c W Total Acreage: oO_5 Existing Zone District: Existing # of lots: °`f-- Proposed # of lots: .3 Average Lot Size: I Minimum Lot Size: '7P1 - Existing Subdivision Name: afrA Proposed Subdivision Name: Proposed Zone District Maximum Lot Size: FEE OWNER(S) OF THE PROPERTY (If additional space is required, attach an additional sheet) Name: —71r:v'r1t;'Md - ��1-13Z.�_ • Company: _ Phone#: �� t 7t-} t,^t-ter, Email: ,c_t�c. r�`� 5�,1�' Street Address: (,?SC,t (�1c ,_;;��- , City/State/Zip Code: 3,- z,tv�5ti�:�., L, f'.( APPLICANT OR AUTHORIZED AGENT (See Below: Authorization must accompany applications signed by Authorized Agent) c Company: Phone #: (~0 S - ° 1{"S Email: tU; L+ -A Street Address : yt;M1c1Cdr City/State/Zip Code: k,� 1 i..:..., ...° _.. 7:4.0 UTILITIES: Water: * i,,,,N �r, ac �.1r VC Sewer: Gas: ,xc --t Electric: -r�U' k. [ 6 Phone: "'lil Fire: l „. <`v_„ , I (We) hereby depose and state under penalties of perjury that all statements, proposals, and/or plans submitted with or contained within the application are true and correct to the best of my (our)knowledge. Signatures of all fee owners of property must sign this application. If an Authorized Agent signs, a letter of authorization from all fee owners must be included with the application. If a corporation is the fee owner, evidence must be included indicating the signatory has the legal authority to sign for the corporation. Signature: Owner or Authorized Agent Date ` :5, z47t-1E t Lk. LA oc, l h1 Printed Name: Owner or Authorized Agent Date C '-. Signatur6: Owner�br Autf'IOrized Agent Date Printed Name: Owner or Authorized Agent Da e Updated: September 2018 DEPARTMENT OF PLANNING AND BUILDING DEPARTMENT OF PUBLIC HEALTH AND ENVIRONNMENT 1555 NORTH 17TH AVENUE GREELEY, CO 80631 AUTHORIZATION FORM I, (We), 4_ltit-='AtLty c-�i1W- i�=.} LYE ,P:,,givepermissionto r -S (Owner -- please print) (Authorized Agent — please print) to apply for any Planning, Building or Septic permits on our behalf, for the property located at (address or parcel number) below: (J_,'i'1tc^,i., i'X- L �,...1'i 4 �s J ' l�l�` L� B053L\ Legal Description: of Section , Township Cf.) N, Range C✓> 4 W Subdivision Name: �[ �,t . ,r � �� = _ � ;_ _ .., + >, 4= Lot L Block L Property Owners Information: Address: 'Li? ,k (-�w1cc•� rr i Phone: (-I- fl )) Z_l f laL\,LV.. Authorized Agent Contact Information: Address: (QS Phone.` fi c - f. - 1 -V1 -C,3 E-mail E -Mail: ��,�\ L�' . _{r �c �1 .:,ti'`. Correspondence to be sent to: Owner ❑_ Authorized Agent El Both ice( by Mail ❑ Email Additional Info: Owner Signat Date: /WM Owner Signature: Date: Submit a description of the resubdivision request. The description must explain how the resubdivision complies with the approved subdivision plat and with the adopted rules, regulation and ordinances currently in force and affecting the plat. We would like to subdivide our 5+/- acres into three separate parcels (there were three originally when we purchased) averaging about 1.6 acres a piece for my two sons. One home would be built on one of the parcels immediately and most likely another years down the road. The properties would meet and abide by all rules and regulations that the current lot abides by. Nothing out of the ordinary would take place. Submit a summary of any concerns identified during the pre -application meeting, including and explanation of how the concerns will be addressed or resolved. There were not concerns identified in the pre -application meeting. The team that we met with were very confident that this request should not be an issue and should go fairly easy. Submit a statement describing the existing and proposed access to the resubdivision lots. There will simply be a driveway that would intersect with Hopi Trail (Immediate Build) and another with Lakotah (Future Build — driveway would be put in at time of Immediate Build). The driveways would be at least the 75' distance allowed from other driveways. Submit a statement describing any proposed changes to utility, drainage or access easements on the lots. No utilities will be changed on the current lot. The new lots will have their own utilities ran to them from the available utility lines. The drainage will not change outside of the construction of the homes when built. The original home lot will not be changed or affected. All access easements will not be affected. The ditch access/easements will not be affected. See attached contract with Ditch Company. Submit the proof of sewage disposal: Submit a copy the septic system permit(s) on each lot, a statement that the septic will be provided for vacant lots only, or a letter from the sanitary sewer district indicating existing service or availability of sewage disposal to each lot. The lot with the current home has it's own septic system. The new lots will have their own septic system and permits will be pulled for them. Submit by Email Weld County Referral March 15, 2019 The Weld County Department of Planning Services has received the following item for review: Applicant: Stephen & Christine Lydon Case Number: RES19-0003 Please Reply By: April 12, 2019 Planner: Angela Snyder Project: Resubdivision of Lot 1 Block 1 of 1st Replat of Indianhead Subdivision into three (3) lots Location: Northwest of and adjacent to Algonquin Drive, south of and adjacent to US HWY 34 Parcel Number: 095718108001-R6851697 Legal: LOT 1 BLOCK 1 INDIANHEAD SUB 1ST REPLAT, PART OF SECTION 18, T5N, R67W of the 6th P.M., Weld County, Colorado. The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. P We have reviewed the request and find that it does /does not comply with our Comprehensive Plan because: We have reviewed the request and find no conflicts with our interests. See attached letter. Signature Date Agency Weld County Planning Dept. 1555 N 17th Ave, Greeley, CO. 80631 (970) 400-6100 (970) 304-6498 fax Submit by Email Agency Weld County Referral March 15, 2019 The Weld County Department of Planning Services has received the following item for review: Applicant: Stephen & Christine Lydon Case Number: RES19-0003 Please Reply By: April 12, 2019 Planner: Angela Snyder Project: Resubdivision of Lot 1 Block 1 of 1st Replat of Indianhead Subdivision into three (3) lots Location: Northwest of and adjacent to Algonquin Drive, south of and adjacent to US HWY 34 Parcel Number: 095718108001-R6851697 Legal: LOT 1 BLOCK 1 INDIANHEAD SUB 1ST REPLAT, PART OF SECTION 18, T5N, R67W of the 6th P.M., Weld County, Colorado. The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. I P We have reviewed the request and find that it does /does not comply with our Comprehensive Plan because: We have reviewed the request and find no conflicts with our interests. See attached letter. HDutrow Signature Zoning Compliance 03/19/2019 Date Weld County Planning Dept. 1555 N 17th Ave, Greeley, CO. 80631 (970) 400-6100 (970) 304-6498 fax Submit by Email Weld County Referral March 15, 2019 The Weld County Department of Planning Services has received the following item for review: Applicant: Stephen & Christine Lydon Case Number: RES19-0003 Please Reply By: April 12, 2019 Planner: Angela Snyder Project: Resubdivision of Lot 1 Block 1 of 1st Replat of Indianhead Subdivision into three (3) lots Location: Northwest of and adjacent to Algonquin Drive, south of and adjacent to US HWY 34 Parcel Number: 095718108001-R6851697 Legal: LOT 1 BLOCK 1 INDIANHEAD SUB 1ST REPLAT, PART OF SECTION 18, T5N, R67W of the 6th P.M., Weld County, Colorado. The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. I P We have reviewed the request and find that it does /does not comply with our Comprehensive Plan because: We have reviewed the request and find no conflicts with our interests. See attached letter. Signature Agency Capt Alan Caldwell WCS0 3/29/19 Date Weld County Planning Dept. 1555 N 17th Ave, Greeley, CO. 80631 (970) 400-6100 (970) 304-6498 fax Submit by Email Weld County Referral March 15, 2019 The Weld County Department of Planning Services has received the following item for review: Applicant: Stephen & Christine Lydon Case Number: RES19-0003 Please Reply By: April 12, 2019 Planner: Angela Snyder Project: Resubdivision of Lot 1 Block 1 of 1st Replat of Indianhead Subdivision into three (3) lots Location: Northwest of and adjacent to Algonquin Drive, south of and adjacent to US HWY 34 Parcel Number: 095718108001-R6851697 Legal: LOT 1 BLOCK 1 INDIANHEAD SUB 1ST REPLAT, PART OF SECTION 18, T5N, R67W of the 6th P.M., Weld County, Colorado. The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. n We have reviewed the request and find that it does / does not comply with our Comprehensive Plan because: We have reviewed the request and find no conflicts with our interests. See attached letter. Signature Date Agency Weld County Planning Dept. 1555 N 17th Ave, Greeley, CO. 80631 (970) 400-6100 (970) 304-6498 fax Submit by Email Weld County Referral March 15, 2019 The Weld County Department of Planning Services has received the following item for review: Applicant: Stephen & Christine Lydon Case Number: RES19-0003 Please Reply By: April 12, 2019 Planner: Angela Snyder Project: Resubdivision of Lot 1 Block 1 of 1st Replat of Indianhead Subdivision into three (3) lots Location: Northwest of and adjacent to Algonquin Drive, south of and adjacent to US HWY 34 Parcel Number: 095718108001-R6851697 Legal: LOT 1 BLOCK 1 INDIANHEAD SUB 1ST REPLAT, PART OF SECTION 18, T5N, R67W of the 6th P.M., Weld County, Colorado. The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. I P We have reviewed the request and find that it does /does not comply with our Comprehensive Plan because: We have reviewed the request and find no conflicts with our interests. See attached letter. Signature 4nted.2. /cam! Agency Little Thompson Water District April 4, 2019 Date Weld County Planning Dept. 1555 N 17th Ave, Greeley, CO. 80631 (970) 400-6100 (970) 304-6498 fax Submit by Email Weld County Referral March 15, 2019 The Weld County Department of Planning Services has received the following item for review: Applicant: Stephen & Christine Lydon Case Number; RES19-0003 Please Reply By: April 12, 2019 Planner: Angela Snyder Project: Resubdivision of Lot 1 Block 1 of 1st Replat of Indianhead Subdivision into three (3) lots Location: Northwest of and adjacent to Algonquin Drive, south of and adjacent to US HWY 34 Parcel Number: 095718108001-R6851697 Legal: LOT 1 BLOCK 1 INDIANHEAD SUB 1ST REPLAT, PART OF SECTION 18, T5N, R67W of the 6th P.M., Weld County, Colorado. The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. We have reviewed the request and find that it does / does not comply with our Comprehensive Plan because: We have reviewed the request and find no conflicts with our interests. See attached letter. Signature Agency Date '-II`r Weld County Planning Dept. 1555 N 17th Ave, Greeley, CO. 80631 (970) 400-6100 (970) 304-6498 fax L.h1l.'I\ Notice of Inquiry IDeveioprxte lt within a Coordinated Planning Agreement ;r inte7govemrnentaI Agreement (CPA or IGA) i3o!� �cf-gar Date of Inquiry 8/10/2018 Municipality with CPA or IGA Windsor CPA Name of Person Inquiring Stephen Lydon Property Owner Stephen Lydon Planner Diana Aungst daungst@weldgov.com Legal Description Lot 1 Block 1 Indianhead Subdivision 1st replat Parcel Number 095718108001 Nearest Intersection Hopi Trail and Lakotah Court Type of Inquiry PRE18-0227 Re -subdivision of L1 81 Indianhead Subdivision 1st replat The above person inquired about developing a property inside your designated CPA or fGA boundary. This person has been referred to community by Weld County Planning to discuss development options on this site. Visit Chapter 19 of the Weld County Code for specifics on your agreement. Weld County Comments Do you wish to annex? Name/Title of Municipality Representative t }k 1' L I ins !! Municipality Comments a, C..:. 1\1(1 t O.C�� v 1 L �` �u"' by `�•' h 4 ' '�� _ Oct: Signature of Weld County Planner Signature of Municipality Representative Plase return the signed form to: Weld County Planning Department 1555 N 17th Avenue, Greeley, CO 80631 (970) 353-6100 x3540 ry (970)304-6498 fax From: Kristine Ranslem To: Angela Snyder Subject: FW: RES19-0003 Referral Date: Friday, March 15, 2019 4:34:18 PM Importance: High Please see referral comments below. Thanks! From: Scott Ballstadt <sballstadt@windsorgov.com> Sent: Friday, March 15, 2019 4:25 PM To: Kristine Ranslem <kranslem@weldgov.com> Cc: Carlin Malone <cmalone@windsorgov.com>; planningtechs <planningtechs@windsorgov.com> Subject: RE: RES19-0003 Referral Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. Thanks Kristine - Windsor has no comment on this referral. Also, please remove Devin King from your list of Windsor contacts and instead include planningtechs@windsorgov.com Thanks, Scott Scott Ballstadt, AICP Director Town of Windsor Planning Dir: 970-674-2411 From: Kristine Ranslem [mailto:kranslem@weldgov.com] Sent: Friday, March 15, 2019 4:10 PM To: Hannah Dutrow; Alan Caldwell; timothy. bilobran@state.cc.us; jfranklin@townofjohnstown.com; Scott Ballstadt; Carlin Malone; Devin King; ckuhn@larimer.orq; Sandra Friedrichsen; Ieslie.arnold@weldre5j.orq; akauffman@Itwd.orq; rbglic808@aol.com; morgan@pvrea.com; Lucas McConnell Cc: Angela Snyder Subject: RES19-0003 Referral We have received a case (RES19-0003) in which we ask that you review the material and send a referral to us. Please click on the link below and select "Search Applications" under the Planning tab. Input the record number. Please click the blue arrow next to the "Record Info" button at the top. Select Attachments and you will find all the information including the referral form to submit back to us. The following is a quick link to the case search: https://accela-aca.co.weld.co.us/citizenaccess/. If you have any questions, please don't hesitate to contact me at the number below. Thank You! K ki5tiA,e rya A,5 Le v14, Planning Technician Weld County Planning Department 1555 N. 17th Avenue Greeley, CO 80631 (970)400-3519 kranslem@weldgov.com ' Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. MEMORANDUM TO: Angela Snyder, Planning Services FROM: Evan Pinkham, Public Works DATE: April 15, 2019 SUBJECT: RES19-0003 Lydon The Weld County Department of Public Works has reviewed this proposal. Staff comments made during this phase of the application process may not be all-inclusive, as other issues may arise during the remaining application process. COMMENTS GENERAL PROJECT INFORMATION/LOCATION Project description: Resubdivision of Lot 1 Block 1 of 1st Replat of Indianhead Subdivision into three (3) lots This project is in the Indianhead Subdivision. Parcel number 095718108001. Access is from Hopi Trail. ACCESS Weld County Public Works has reviewed the application materials related to access and currently there is one access servicing the parcel. With the proposed resubdivision, Public Works recommends that no additional accesses be created. Access for the three parcels shall be from one shared access. Per Chapter 12, Article 5, Section 12-5-30, an Access Permit is required for access to Weld County maintained roadways. We strongly encourage you to discuss your access with Public Works prior to laying out your site plan to ensure the approved accesses are compatible with your layout. Per Chapter 12, Article V, Section 12-5-30. F, when feasible, there shall be no net increase in the number of accesses to a public road. Minimum access spacing widths are shown in Weld County Code Appendix Table 12A-2. Please refer to Chapter 12 of the Weld County Code for more information regarding access. ROADS AND RIGHTS -OF -WAY Hopi Trail is a paved road and is designated on the Weld County Functional Classification Map (Code Ordinance 2017-01) as a local road, which requires 60 feet of right-of-way. The applicant shall delineate and label on the site map or plat the future and existing right-of-way (along with the documents creating the existing right-of-way) and the physical location of the road. If the right-of-way cannot be verified it shall be dedicated. Pursuant to the definition of setback in the Weld County Code, Chapter 23, Article III, Section 23-3-50, the required setback is measured from the future right-of-way line. Be aware that physical roadways may not be centered in the right-of-way. This road is maintained by Weld County. Per Chapter 12, Article 4, Section 12-4-30.B, a Weld County Right -of -Way Use Permit is required for any project that will be occupying, constructing or excavating facilities within, and/or encroaching upon, any County rights -of -way or easement. Right -of -Way Use Permit instructions and application can be found at https://www.weldgov comidepartments/publicworks/permits/. Weld County will not replace overlapping easements located within existing right-of-way or pay to relocate existing utilities within the County right-of-way. DRAINAGE REQUIREMENTS This area IS within an Urbanizing Drainage Area: Urbanizing Drainage Areas typically require detention of runoff from the 1 -hour, 100 -year, storm falling on the developed site and release of the detained water at the historic runoff rate of the 1 -hour, 5 -year storm falling on the undeveloped site for URBANIZING areas. Detention Pond summarized in a Drainage Report: The applicant has submitted a preliminary drainage report. A final drainage report and detention pond design completed by a Colorado Licensed Professional Engineer is required prior to recording the USR map. The drainage report must include a certification of compliance stamped and signed by the PE. A Certification of Compliance form can be found on the Public Works Development Review website. General drainage report checklist is available on the engineering website. More complete checklists are available upon request. Historic Flows: The applicants will be required to maintain the historic drainage flows and run-off amounts that exist from the property. MS4 This site is located in a Municipal Separate Storm Sewer System (MS4) Area which may trigger specific water quality requirements or other drainage improvements. In addition to compliance with applicable Weld County regulations, property owner is required to be compliant with any additional MS4 requirements. Please refer to the MS4 referral for more information regarding MS4 requirements for this site. Questions pertaining to the MS4 requirements should be directed to the Public Works Department 970- 304-6496. GRADING PERMIT A Weld County Grading Permit will be required if disturbing more than 1 acre. Grading Permit applications are accepted after the planning process is complete (plan recorded). An Early Release Request Form may be entertained only after the applicant, Public Works and Planning Department have reviewed the referral and surrounding property owner comments. The Early Release Request may or may not be granted depending on referral comments and surrounding property owner concerns. Contact an Engineering representative from the Public Works for more information. A Construction Stormwater Permit is also required with the State for disturbing more than 1 acre. Contact: Colorado Department of Public Health and Environment, Water Quality Control Division, 303-692-3575. CONDITIONS OF APPROVAL A. A Final Drainage Report and Certification of Compliance stamped and signed by a Professional Engineer registered in the State of Colorado is required. (Department of Public Works) B. The plan shall be amended to delineate the following: 1. Hopi Trail is a paved road and is designated on the Weld County Functional Classification Map as a local road which requires 60 feet of right-of-way at full buildout. The applicant shall delineate and label on the site map or plat the future and existing right-of-way (along with the documents creating the existing right-of-way) and the physical location of the road. All setbacks shall be measured from the edge of right-of-way. This road is maintained by Weld County. (Department of Public Works) 2. Show and label the approved access locations, approved access width and the appropriate turning radii (25') on the site plan. The applicant must obtain an access permit in the approved location(s) prior to construction. (Department of Public Works) 3. Show and label the accepted drainage features. Stormwater ponds should be labeled as "Stormwater Detention, No -Build or Storage Area" and shall include the calculated volume. (Department of Public Works) 4. Show and label the drainage flow arrows. (Department of Public Works) Prior to Construction: A. If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required. (Department of Public Works) DEVELOPMENT STANDARDS (NOTES ON THE SITE PLAN) 1. The property owner or operator shall be responsible for controlling noxious weeds on the site, pursuant to Chapter 15, Article I and II, of the Weld County Code. (Department of Public Works) 2. Any work that may occupy and or encroach upon any County rights -of -way or easement shall acquire an approved Right -of -Way Use Permit prior to commencement. (Department of Public Works) 3. The site is located in the Municipal Separate Storm Sewer System (M54) designated area and is required to comply with any applicable MS4 regulations. (Department of Public Works) 4. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Public Works) 5. Weld County is not responsible for the maintenance of onsite drainage related features. (Department of Public Works) r1 couNTY WELD COUNTY DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT 1555 North 17th Avenue, Greeley, CO 80631 www,weldhealth,org Memorandum To: Angela Synder From: Lauren Light, Environmental Health Services Date: April 9, 2019 Re: RES79-0003 Lydon Environmental Health Services has reviewed this proposal requesting a resubdivision of Lot 1 Block 1 of 1st Replat of Indianhead Subdivision into three (3) lots. The existing residence is served by Little Thompson Water District and an on -site wastewater treatment system (OWTS) permitted for 2 bedrooms (G19959049). Little Thompson Water District will provide water to the proposed lots and letters from the District were included with the resubdivision application that state the District can serve the two future lots. On -site wastewater treatment systems (OWTS) will provide sewer services. We recommend the following appear as notes on the resubdivision plat: 1. Water service may be obtained from Little Thompson Water District. 2. The parcel is currently not served by a municipal sanitary sewer system. Sewage disposal may be by on -site wastewater treatment systems (OWTS) designed in accordance with the regulations of the Colorado Department of Public Health and Environment, Water Quality Control Division and the Weld County Code in effect at the time of construction, repair, replacement, or modification of the system. 3. Activity or use on the surface of the ground over any part of the OWTS must be restricted to that which shall allow the system to function as designed and which shall not contribute to compaction of the soil or to structural loading detrimental to the structural integrity or capability of the component to function as designed. Health Administration Vital Records Icic: W/0 304 6410 Fax: 9/0-30.1-64I2 Public Health & Clinical Services lobo: 9/0 :304 6420 Fax: 9/0-304-64 16 Environmental Health Services Tele: 970-304-6415 Fux: 970-304-6411 Communication, Education & Planning Tele: 970-304-6470 Fox: 970-304-6452 Emergency Preparedness & Response Tele: 970-304-6470 Fax: 970-304-6462 Public Health 1 079 tz N. µ_ ,ss.oxI - — •ao.o . J ,oO�OBI LZ, jI IP IIPLO)/I/7 I ID 0 L,�ay._— \--'ON AM II '5T ago 1N31N3011V1N3 31e1SSOd 2tod d3LbOk73a 14N In CIMLYNDIS3Q 5! 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ESMT DESCRIPTION BY LOT 3 1.44 AC CALCULATED POSITION NOTHING FOUND OR SET AR N 89'12'55" E, 23.34' .=26°26'45" R=252.00' L=116.32' ChB= N36°08'21"W ChL=115.29' PROPOSED ACCESS S 47°01'41' W, 36. o LEGEND SEC ND EPLAT F IN BEING A 3F:I'Ll'f iF I. OF THE NORTHEAST = FOUND OR SET SECTION CORNER AS NOTED. N 88'38'18" E, 115.29' LOT 2 1.00 AC :=48"3631' R=134.00' L=113.68' ChB=N32°58'39'W ChL=110.30' = FOUND OR SET ONE -QUARTER CORNER AS NOTED. • = SET 18" #5 REBAR WITH YELLOW PLASTIC CAP HAMMER PLS 243O7 O = FOUND #4 REBAR PLASTIC CAP ILLEGIBLE = EASEMENT LINE = BOUNDARY LINE CLIENT: AG -)11-,I `ESSIINAILS 50 7TH AVE. SUITE 20 GREE IEEY, C 1I34 ' I /4 OF SEC'T'ION L 8, '3OWNSHIP II TAMME (F) D=27°14'16" (F) R=230.85' (F) L=109.74' (F) ChB=S60°38'35"W (F) ChL= 108.71' (R) D=27°03'07" (R) R=230.00 (R) ChL=107.52 AN 3050 67T GR NHEA � T 1 3lL V/ CI( 1. 5 NORTH, RANGE 68 EVES O SURVEYING, AVENUE, SUITE 200 EELEY, CO 80634 970-535-9318 VI PROPERTY OWNER'S CERTIFICATE: OF HE 6 H P.M. I, THE UNDERSIGNED, BEING THE SOLE OWNER IN FEE OF THE ABOVE DESCRIBED PROPERTY, DO HEREBY SUBDIVIDE THE SAME AS SHOWN ON THE ATTACHED MAP. I UNDERSTAND THIS PROPERTY IS LOCATED IN THE A (AGRICULTURAL) ZONE DISTRICT AND IS ALSO INTENDED TO PROVIDE AREAS FOR THE CONDUCT OF OTHER USES BY RIGHT, ACCESSORY USES AND USES BY SPECIAL REVIEW. SEAN LYDON STATE OF COLORADO COUNTY OF WELD ) )SS. THE FOREGOING CERTIFICATION WAS ACKNOWLEDGED BEFORE ME THIS DAY OF ,20. MY COMMISSION EXPIRES WITNESS MY HAND AND SEAL NOTARY PUBLIC EASEMENT CERTIFICATE: I, THE UNDERSIGNED, DO HEREBY DEDICATE, FOR THE BENEFIT OF THE PROPERTIES SHOWN OR DESCRIBED HEREON, EASEMENTS FOR THE PURPOSES SHOWN OR DESCRIBED HEREON. SEAN LYDON CERTIFICATE OF APPROVAL BY THE DEPARTMENT OF PLANNING SERVICES -ADMINISTRATIVE REVIEW: THIS PLAT IS ACCEPTED AND APPROVED BY THE DEPARTMENT OF PLANNING SERVICES FOR FILING. DIRECTOR, DEPARTMENT OF PLANNING SERVICES STATE OF COLORADO ) )SS. COUNTY OF WELD THE FOREGOING CERTIFICATION WAS ACKNOWLEDGED BEFORE ME THIS DAY OF ,20 MY COMMISSION EXPIRES WITNESS MY HAND AND SEAL NOTARY PUBLIC SURVEYOR'S CERTIFICATE I, GARY K. HAMMER A REGISTERED PROFESSIONAL LAND SURVEYOR IN THE STATE OF COLORADO, DO HEREBY CERTIFY THAT THE SURVEY REPRESENTED BY THIS PLAT WAS MADE UNDER MY PERSONAL SUPERVISION, AND THAT THIS PLAT IS AN ACCURATE REPRESENTATION THEREOF. I FURTHER CERTIFY THAT THE SURVEY AND THIS PLAT COMPLIES WILL ALL APPLICABLE RULES, REGULATIONS, AND LAWS OF THE STATE OF COLORADO, STATE BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS AND PROFESSIONAL LAND SURVEYORS, AND WELD COUNTY. BY: 24307 GARY K. HAMMER SURVEYOR'S NOTES: DATE COLORADO REGISTRATION 1. BASIS OF BEARING: BEGINNING AT THE NORTHWEST CORNER (NW COR) OE LOT 32, BLOCK 3 OF INDIANHEAD SUBDIVISION AS MONUMENTED BY A FOUND 1' O.D. PIPE WITH PLASTIC CAP WITH THE NORTHEAST CORNER (NE OCR) OF LOT 17, BLOCK 1 OE SAID INDIANHEAD SUBDIVISION AS MONUMENTED BY A S FOUND #4 REBAR WITH YELLOW PLASTIC CAP TO REAR NORTH 88°38'31" EAST (AS PLATED) A DISTANCE OF 562.19 FEET, WITH ALL OTHER BEARINGS CONTAINED HEREIN RELATIVE THERETO. 2. ALL DISTANCE MEASUREMENTS SHOWN ARE IN U.S. SURVEY FOOT. NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER YOU FIRST DISCOVERED SUCH DEFECT. IN NO EVENT MAY ANY ACTION BASED UPON ANY DEFECT BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF CERTIFICATION SHOWN HEREON. NC® SEC E S I-)T,A'II1' I F INDIAN IHEA ISU EC II 18, TOWNSHIP 5 N0R7[ H, RANGE 68 WEST, 6TH P.M. -MTV V SIII N SEC ION 18, RANGE 68 W OWNSHIP 5 NORT ES 6TH P,M. P DATE: 01/2019 I JOB#2229-01 First American Title Insurance Company 7887 East Belleview Avenue, Ste 170 Englewood, CO 80111 Phone: (303)305-1300 / Fax: (877)409-2531 PR: NWEST Ofc: 5509 (976S) Final Invoice To: Stephen Lydon 6501 Algonquin Dr Loveland, CO 80537 Attention: Your Ref_: RE: Property: 6501 Algonquin Dr, Loveland, CO 80537 Buyers: Stephen M Lydon, Christine Lydon Sellers: Invoice No.: 9768 - 550970741 Date: 12/17/2018 Our Pile No.: 5509-3169308 Title Officer: Jacqueline Bartlett Escrow Officer: Customer ID: I lability Amounts Description of Charge /Invoice Amount Misc Title Processing Fee Certificate of Conveyance 5150.00 Comments: INVOICE TOTAL Thank you for your business! . To assure proper credit, plectse send a copy of this Invoice and ,Paymer to: Attention: Accounts Receivable Department PO Box 677853 Dallas, TX 75267-7853 Printed On: 12117.12018, I0;23 AM $150.00 Requester: JB Page; I .. ;� .,-., .. h+„ .,., ,., .-, ., h i.11 >,�. � ,,.�` a, ,�,�,. ,„•n.! . ,i;, � � ,,� . ,, ,,, �„ � �, .�.. .a, .. .� J �iili� .�An+i�. .�,, .,. �5, �,'i'.I CERTIFICATE OF CONVEYANCES STATE OF COLORADO COUNTY OF WELD WELD COUNTY DEPARTMENT OF PLANNING SERVICES The FIRST AMERICAN TITLE INSURANCE COMPANY hereby certifies that it has made a careful search of its records, and finds the following conveyances affecting the real estate described herein since August 30, 1972, and the most recent deed recorded prior to August 30, 1972. LEGAL DESCRIPTION: LOT 1, BLOCK 1, FIRST RE -PLAT OF 1NDIANHEAD SUBDIVISION, COUNTY OF WELD, STATE OF COLORADO. CONVEYANCES (if none appear, so state): Reception No. 3226386 2447353 2439712 92013309 1918608 1918607 1680236 1638668 1563905 Date: October 8, 2004 July 19: 1995 May 25, 1995 March 16, 1992 February 25, 1983 February 25, 1983 January 30, 1976 June 14, 1974 March 16, 1971 This certificate is made for the use and benefit of the Department of Planning Services of Weld County, Colorado. This certificate is not to be constructed as an Abstract of Title nor an opinion of Title, nor a guarantee Title and the liability of FIRST AMERICAN TITLE INSURANCE COMPANY, is hereby limited to the fee paid for this Certificate. In witness whereof, FIRST AMERICAN TITLE INSURANCE COMPANY, has caused this certificate to be signed by its proper officer this 7th day of December, 2018. Company: First American Title Insurance Co. By: if ,.'". { x r. i.: "�.. y Jacqueline L. �3arflett" Title Officer 111111411111141114lIll11I11111I141111111111111111111 3226386 10108 1 at 1 R 5.00 U 0.00 Steve Moreno Clerk & liecorder Return To: US Alliance Credit Union 1499 Wynlcoop Suite 100 Denver, CO 80202 Grantee(s) SS No(s): Stephen M. Lydon 016-52-3616 Christine Lydon 026-48-4407 QUITCLAIM PLED This Quitclaim Deed, is executed on: September 3rd , 2004 by Stephenie M. Lydon Christine Lydon hereinafter referred to as First Party, whose address is: 6501 Algonquin Drive Loveland, CO 80537 does hereby Grant to: Stephen M. Lydon Christine Lydon hereinafter referred to as Second Party, whose address is 6501 Algonquin Drive Loveland, CO 80537 Witnesscth, that -...the First Party, for and in consideration of the sum of S -0- In the hand paid by the said Second fatty, the receipt whereof is hereby acknowledged, does hereby remise, release and quitclaim unto the Second Party, all right, title, interest, and claim which the First Party has in and to the following property situated in the City and County of Denver, State of Colorado more particularly described hereof ; 6501 Algonquin Drive Loveland, CO 80537 095718108001 Lot 1,131ock 1, First Re -flat of lndianhead Subdivision, a subdivision of the County of Weld, State of Colorado To have and hold the saute, together with all and singular the appurtenances thereunto, of all interest, equity and claim whatsoever the First Party may have, either in law or equity, for the proper use, benefit and behalf of the Second Party forever. In Witness Whereof, the First Party has signed and scaled these presents the day and year first above written. Witness Sigualur G Witness Signature_ Signature of First Party Signature of Second Patty fitness Ni- f�. r� - t'y rfil� r VitnessName�, State of Colorado, County of Denver September 3`d, 2004 By Stephen M.. Lydon And Christine Lydon My commission expires 913: Cviy ess My Hand & Seal Notary Public Printed Name Ala?447353 WARRANTY DEED TEAS PEED, Made this 26TH day of MAY, 1995 between Jerry anks and Gaye Stockwell of the County of Weld and State of Colorado, grantor, and gtephen N. Lydon and Christine Lydon whose legal address is 6535 Algonquin Drive, Loveland, culorado 80531 cf the county of Weld and State of Colorado, grantees. WITNESS that the grantor for and in consideration foers othe hsuthem ONE HUNDRE D EIGHTY TWO THOUSAND SEVEN HUNDRED AND 00/100, ($ nd sufficiency of which is hereby acknowledged, bas granted, bargained, sold and nvey d grantees, theiry heirstheseande assignso forever, not e il prsents des grant, in tenancy in commonnhutconfirmunto the inJOINT TENANCY, all real property, together with improvements, if any, situate, lying and being in the County of Weld and State of Colorado, described as follows: SEE EXHIBIT "A" ATTACHED. • also known by street and number as 6535 Atgengvin Drive, Loveland, Colorado 80531 TOGETHER with .all and singular the beredi_taments and appurtenances thereunto belonging, or in anywise appertaining and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest., claim and demand whatsoever ofthe grantor, eitithsrand llaw wuoreer quity, of, in and to the above bargained premises, with the ant TO RAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantees, their heirs and assigns forever. And the grantor, for himself, his heirs and personal representatives, does covenant, grant, bargain, ensealing andadelivehrytof theseepresentsrheirs at t the e of , he is well assigns, seivedofhtheapremisesmthe above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grhnt, bargain, sell and convey the same in manner and form aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nrayure� soever, except general taxes for 1995 and subsequent years; except easements, covenants, conditons, reservations and rights of way of record, if any; 2.447353 B-1502 P-391 07/l9/95 03:09P PG 1 Oi' 2 -Yield 'County CO Clerk & Recorder REC DOC 11.00 18.27 The grantor shrill and will WARRANT AND FOREVER DEF'RNDtthe e rabove-bargained ed premises igainst in the quiet and peaceable possession of the grantees, the wthei or any s ands thereof all and every person or persons lawfully claiming The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF the grantor has executed this deed on the date set forth above. STATE OF COLORADO County of Wold by Jerry Danks and Gaye Stockwell 21. } sa. The foregoing instrument was acknowledged before me } this 20TH day of MAY, 1995 witne1l1s my hand and official real. My coin is ,yon, expires 3-- 7 NOTARY PUBJ-L '!S WADSWORTH BLVD #240 ARVADA, COLORADO 00003 EXHIBIT "A" Lot 1., Block 1r First Replat of Indianhead Subdivision, a subdivision. of the County of Weld, State of Colorado. 2447353 B--1502 P-391 07/19/95 03:09P PG 2 OF 2 wxo F.FUFr.. N +m, �1 Gl l:�y 1 2 t'_, FIRST REPLAT OF INDIANHEAD SUBDIVISION BEING A REPLAT OF LOT 17, BLOCK 1 AND LOTS 31 AND 32, BLOCK 3. (For Recording Purposes: Pori of the Nort'naost GoaM1er o! Secilo.n. 18, Township 5 North, Hong 68 Wes. of ,ne 6tn F.!1.) / B 1 II 83,34,1-E P. 53.1] I_ I ----',--- / _ ./ _`EM t- P v-.,.iE] f 1 i 1E _Ok 1 ' glo ;il 1 2-4,9- Cr;"5 it ''t ' �q�,f.: �° I S.CJ ze J .I ',I I1�_ us1+F [.Ec.g�, :. `j w _ V RZ. eye ,_. ,„ �.4: \-` _ ` +_1 1 1.,� �/ 11• Urt9Tary 07 •� ` �. -n ....�v_r ...v. Y. .ao_l—, ':.xe;e _�� (/....."-1).- , ,,l I _\,i.—SEE, re Yil z.eK� f i y �: %ry�� .. - 1 / `'',c2P.a� / =�k," l ,o.`', °°' S-342 I :E,G:i s:.x- rrrf ccY :;17g O 1.0 ?s�T C;. -E. 1 _ .JCT41_ 0 irnsf•*r. ''-r [:i,.4 .v.. awns. -s, n+� �t-�.uxr KING SURVEYORS YORS IBC 1z,0 As, S12EE1 'TC C 6 :Irl u:c f 1 whov: Inv] address is of the RCETN it 92013309 O3/16/92 10:16:00 I PAGES - 1 FEE H RODENBERGER RECORDER, LARIMER COUNTY CO STATE DOC ERE — ARe 34 C a ].b SPECIAL WARRAtir a DEED THIS DEED, M,10 ibis -p day of February 1992 bagmen Vera Banks, also known as Vera J. Banks, oft' Cooney ar Larimer , start: of Colorado, Sranrur(s}.usd Jerry L. Banks and Gaye A. Stockwell, 65131 Algonquin Drive Loveland, CO 80537 County aF Weld , Stale of Color &o, grained* $5.00 $.O0 > I ATE D0CUMEN)ARY F8 EXEMPT WI'INFSSE IJ, Thu the gr;inr n(sj, foe ad is eousidcrolen of rho sum of * * * * Other good and valuable consideration and Ten nalLARS, the receiptaad suf1pmey of which is herehy aeknaulool O, ha S gtantrd. bargainal. In and necded. and by thew preseutsdo CS past. ,bargain, sett. convey and confirm, Olga the grantcc(s), their heirs and astigos torn -, ail the rmil property. together with Insym'ranaa, if soy, situate, tying and being in Ito _ County of Weld . Staff of Colorado. lc:en:boa as ronows: Lots Thirty—one (31) and Thirty-two (32), in Block Three (3), of INDIAN -HEAD SUBDIVISION, being a portion of the Northeast Quarter (NE1/4) of Section 18, Township 5 North, Range 67 West of the 6th P.M., County of Weld, State of Colorado, as per the mall filed January 30, 1976, in Book 75R under Reception No. 16R0236, Weld County Records. Lot Seventeen (17) , in Block One (1) , of INDIANBEAD SUBDIVISION, being a norti.on of the Northeast Quarter (NE1/4) of Section 18, Township 5 North, Range 67 West of the 6th P.M., County of Weld, State of Colorado, as per the ulae filed January 30, 1976 in Book 753 under Reception No. 1660236, Weld County Records. All subject to rights —of —way, easements, reservations, of record, i any, 1991 taxes and subsequent years and iertnrovement districts. ACTUAL CONSIDERATION IS LESS THAN $500.00. B 1393 REC 02342818 07/26/93 12:49 $5.00 1/001 F 1981 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO Aso hnowa by meet Route 1, Box 2J.2A. TOOETh ER with all and singular the heacdin.arer a and Tpp.trre:matzs thcssta hclungj0g, or in anywise sQlnaaining. turd the merrier and rest. ans, remaiOdcr and rcmaiodces, morn. i. tto tool profits rhwxasr: mid all Sw eaten, right. tide. hrtrsess, claim d demand whsotoC e, of Sr grantor(s), eiilwr in Law or equity, u1 in and to the above bargained p„atunan. with Lb hereditament, and appootio,ances: TO HAVE AM) TO HOW the said prcmi+cx abo o bargained and dc000ibed with the appuranrnees, unto the real :Y(s)_ their bay =ad assigns iurcse The grantnr(s), for her sal f . her heirs and personal rmnesentatives or rocensSa Coe��aaant and aver that and She shall aWill WARRANT ANtI FOREVER DEFEND the abuts:-L:4Mnedpremises in the quiet and bk Sion of the t( their heirs and assigns, ag-thv r all rid eery parson romans claiming rho whole or only past shemoi by. through of .mdc, the ErnuorrOL IN WTINFSS WHFIti E, the grantor(S) ha 5 mental this deed on the talc set bah abovc- 77J._,_. Vera J. B >ks Vera Banks STATE OF COLORADO County of Larimer The foregoing irvamment was aclmmvkdged before me this + rid day of February by Vera Banks, also known as Vera J. Banks. ATE OF CO,.vRADO{ NOTARY F' (RISC *If in Deovcr, insert -Ci:y and, - t hosts my bona nett oblkial no.1. My corny s)f supine Augur, 3, 199 .1992 . cozy No. iS.Reu3.65. 5PITJALAAZIAttrtittall BrAgo..19,.h1i.hlaY TIA) Moorsa.].. rim..*. 1::O1 n2—t'Sf5M,ISn—Gent k S 1)96117 Roc; 01 9.111600) Off.?/:?.`. /i13 1 /.: ;36 i .00 1?4t71 AR 191860a : I,. 2 '37 otitis A1114 rUii:AS-7riu 1:;I.,F..;Ii1C e< RECORDER WELD Cu, CI:1 c Warrari4fiDeed THIS DECO le 1 Gonveyanca of the real Ulpperly described below, incsdding any Inlproyerdents and other appurtenances (Ihe "property'I tram theindieldual(sl. corporshtnla), pannershrp(s).dr other mr1IlypeeI named belowesGRANTOR to the Indlnldual(*) or enhtyl:es) named below as GRANTEE. The GRANTOR hereby sells and conveys the properly la the GRANTEE and the GRANTOR warrants Irre title in IN. property, except for (1) the den of the general property Issas tar the year of this deed. which the GRANTEE will pay (7) any easements and rights -al -way shown ol record (g) any patent reservations end ercepbone (a) any outstanding mineral Interests shown of record (5) any protective coyenanls snd restrictions shown of record, and (61 airy additional matters Chown below undo "Additional Warranty Exceptions - The Specific Terme of Ttes need Are: U/a,ioc (Ono am.irl sent Plat.-aS.l of m o derv.., rF Ii,. ,pour. or the owns -grantor n prying rI Ih„ o..d w rel... homestead rights, identify grantor, as hoahand and en. 7) ., 'fig p GARY L. COLE AND NANCY A. COLE State Docurr r'1nry Fee Date ---- - --- s�ea Grantor: r: (Or,, name(H end ,ddrrshfell. statement of address rncllrorro wwJ.hlr road me ,,reef number, is Norrxrad.I VERA J. BANKS as life tenant, and JERRY L. HANKS and GAYE STOCKWELL as remaindermen Form of Co-EliwrArshipi III them we leo or MP. Ware,. Plower, they win ha corelidwelth habeas ladante ei common craws the suns'III' lord tenancy- tar winds nl the um. 'refining are added ii the space twice..) Tenants in Common Property Or scripllon: Uncula caurey sine steel Lots Thirty-one (31) and Thirty-two (32), in Block Three (3), of INDIANHEAD SUBDIVISION, being a portion of the Northeast Quarter (NE1/4) of Section 18, Township 5 North, Range 67 West of the 6th P.M., County of Weld, State of Colorado, as per the neap filed January 30, 1976, in Book 750 under Reception No. 1680236, Weld County Records. Lot Seventeen (17), in Block One (1), of INDIANHEAO SUBDIVISION, being a portion of the Northeast Quarter (N£1/4) of Section 18, Township 5 North, Range 67 West of the Gth P.M., County of Weld, State of Colorado, as per the map filed January 30, 1976 in Rook 758 under Reception No. 1680236, Weld County Records. Property Addreea: Route 1, Box 212 A Condderellort: (Thn,r.Inmeni a}a dollar.nvunln oaUonaC edthrNlorlOraardrrahon for did dead will be oresumed nnla,.rhacum.rmeice rd`nlih;3 es a 0171. rn any case rime [oiler/wince ra .bwl ule, Imal and onommle on.r FORTY THOUSAND ANO 00/100 DOLLAPS Hta ewalloera-Realrictluns: Ill lire GGANIOR,nlencl ar, sumo any nrlere5I rrl the property or lucunveylecsthen he pine. prdlheOllANTOR rc reOriCT g In., Gr1Arr, EE S nerd m the streams- malre aonrrpnele remotion I NONE Additional Warranty Eec.pildna; Ilncludo mends ol Pow horny e,su„el and other martyrs WI 0000,1.1 above I NONE EreW, d bi lee Grenlpr en . ,9 83_ S lq.l.tlwe Clew for Crnppr.11on. P.rrnenhis or Araalallon: Name ul Granlor Crnnarab•rn. Pe,Irrurnrirp of As,ocrahorr fell uv STATE OF COLORADO I a COUNTY OF Larimer The luregomu urarrrrmrnl was arSnowledyrvl rrr.Io a stn 'his Ily- Gary L. Cole and Nancy A. Cole WITNESS my nano 1 ritual poiq ' ,ay sen,r.ilawne, .LrOmimI5oon Expires Deceml,er 75, l9 C-1,0 E. £.ISCIIIION.i;t, t 7LIS' "C STATE OF COUNTY OF 1 The toregorrrry 'mourner.' was achnnwledyret before me Ihu Ely {. 'Immo mdnrmul Granro.(sl or II r:ra trolls Curpornlion,F, rtnermlip Or Ari9Ualien. ehen rdenPtybagneraas preudenlor rice president sndscciclaly ul Asti .tans ,ercrnlnry of Lorne sine. Or a, par,nerlel or partner,hrp. al as nrrnrorrxed memberf.Y Cl absoclrt,pll • 1`y511r II V111/IX Irll!!r!�! i sl eprore Clary, !or I.rawrrmatap,`` 4"*yL 9... U {Y L. CO NAh .CO f3 tor aA TT •'rrinnuirl• 18th dayFebruary .19 83 Nalary a,a , ID WITNESS my hand and eltic,eI bell lay comeOnlon aroma: lioa.y 1.ne 1. AII1`1 ]rd6(37 fit 09F.1f7 RFC 01'71€607 (.i2/2%/0 16 :6 7';i.0i) 1/1)01 F' 236 MARY ANN FEajf:F'. fFTid (::L.I:.L. ( h RFCORDER WFI.-]) CO, CO THIS I)EED. hiede thin let day February between BENNIE D. COON and DELLA M, COON of the Countyof Weld Colorado, of the fi rat part, and GARY L. COLE and NANCY A. COLE whose legal add res. I. of the County of Coloradan( the second port: Weld ,11F79, and State of and State of FILING STAMP WfTNESSETII, that the said party of the first part, for and in conaideratiun of the .urn of TEN AND NO/100 DOLGARS and other good and valuable conaidnratiana to the said party of the first part In hand paid by the said parties of the second part - he receipt whereof la hereby confeened and acknowledged, hue granted, bargained, sold and conveyed, and by tht_e pr.sontn does grant, bargain, sell, convey and confirm unto the said partinn of second part, their heirs And assigns forever, not in tenancy in common but in joint tenancy, all the following described lot or parcel of land, situate, lying and tieing in the County of Weld aril State of Colorado, to wit; Lots Thirty-one (31) and Thirty—two (32), in Block Three (3)i and Lot Seventeen (17), in Block One (1), Indian Head Subdivision, being a portion of the Northeast Quarter (NEB) of Section Eighteen (18), Township Five (5) North, Range Sixty-seven (67) West of'the 6th P.M., Weld County, Colorado, according to the map or plat thereof filed January 30, 1976, in Book 750 under Reception No. 1680236, Weld County records. TOGETHER with all and singular the hereditamentn and appurtenanren thereunto belonging, or in any wine apper- Lining and the revernion and reversions, remainder and remainders', rents, issues and profit, thereof: and all the tatate, right, title, inherent, claim and demand whatsoever of the nail party of the fired part, either in law or equity, of, in and to the above bargained premises, with the horeditementn and appurtenances. TO HAVE; AND TO NOLO the said premirea above b.rg.i nod and described, with the appurtenances, unto the said parties of the second part, their heirs and assigns forever. And the said party of the fired part, for hhnoeif, his heir., executor., and administrators, doe, covenant, grant, bargain and sorer to and with the said parties of the second part, their heirs and assigns, that at the time of the ennesling and delivery of these presents, he in well ee fixed of the premises above conveyed, en of good, sure, perfect, absolute and indefeasible entate of inheritance, in law, in fee simple, and I,an good right, full power and lawful authority to grant, bargain, sell and convey the carne in manner nod fuse aforesaid, sod that the name are free and clear from ail former and other grant., bargains, salmi, liens, Lace., asaeenmoats and encumbrances of whateverkind or nature corner, subject to 1917 general taxes, easements and restrictions of record or in use. and the "'hove bargained premixes in the quiet and peaceable pansesnion of the said parties of the necond part, the survivor of them, their ...igon and the heirs and assigns of such survivor, against all end every pernun nr pernenn Inwfully clo: ming or to claim the whole or any part thereof, the sold party of the first port shall and wilt WARRANT AND FOREVER DEFENI>. The singular numherahull include the plural, the plural the singular, and the ones(any gender shalt be applicable to all gender., IN WITNESS WHEREOF the said party of the first part hors hereunto a his hand and seal the day and year first above written, Signrd,Seulud is -ad Delivered in the Presence of SEA LI COON [SEAL] LA -It � r 1� ['SLAW DELLA M. COON '''' STAIE�FCOLORADO J'AZTA17y, - • irIP,uttyof Lancer hy�` Th ?er'�°/V`� jn/mnt Jar ackno Milked before me thin ' day of bcrlhY .pn and Della M. coon. M1. C fi..14la4i1Ptreli Gy 'vv h r ,, , 44, i„nU , 19 . W1Jneea my hand And o�ljeloi seal. Nulary Public No. 9Z1A. WAgesn-wYterra.—Te Jual T,Wll.-t!r.afnrd Putlirl:I,:gCr..la2s.,eSine. 8,r..t, nenver, celereeo (5a1 -x0131-7-77 /di u, x.,. x, o.rg rcrr.V., ra Lo y : erg; B. , I1/AlCH LINE INDIANHEAD 5UBDI V/S/ON BEING A PORT/ON OF THE NORTHEAST QUARTER OF SECTION 18 , TOWNSHIP 5 NORTH, RANGE 67 WEST, OF THE SIXTH PRINCIPAL MERIDIAN. COUNTY OF WELD , STATE OF COLORADO -s' e+ .es •-^ 11 5.ff S. h€GHWAY Nc i4 NNIH•01-Wcy-\ • Aeilurn.r 29 i', aLRCK !1.r, ri I :,1 15 a'� , /2 I !3 !`�,I t 1r- — -' L.,; - A9 aCQL'Ar w_ 2 I i^IJ .D,9.,OCrf 2z1 I}Ir _ I /1 rl 7 {7-W. i' 3gr' III r r c! = 6 i Y SI T':�IF [, isrrt, x x.�i�rx.-f: r.a:eFsr:nr! `"' "''''' •'; _:[ St uL :f :z! Irir�' k Q r c ` rY�-a x,c^rt DLxF PS :5 t n.a.F 2 tdATC.H LINE_ SHEET f- OF 2. "• op Q 39 fcr,r Lak ft. .a1'. 25 '4.471 • ,C ?..• ,✓ -.mss. c1'NT FALly ILITv UY; LOT BLOCK ! II !.4 j 2 V I --IIL__ JI' 1 �1 Trrf I K.� 9 c� S IL�ii` I ri Il S 1 gtl a�! ' $ ��1 q id's 1 Ills III ,_..,,,,...„_I 1._ .�% rj ALCONO•�e1:1r.Y{n �` - "21:�DRrVE = ,v „r �. �- '- i U1ro Iry s k., L I �h _'"—'�--IIr-- ii,,';'.! '1 3 I I I '2 al l.5LOCi( 3 it 9 13 rsATCN crr��_ INOIANHEAO 5L'BG/VISION- SHEET 2 Gr S ��e.�t,. ttt`''id1�.�i'7'rYi•8"� i - .l:..^ � - rF�tt4 Raxordad et..:_o clock Ifeetegd..... on No ' 8s65 ....._.......S._LfE.SfiFEtEi Jrt_...Patorder. 'Fms DEED, Mode chla 14th der or Juno INTtsLAE+CO, ISC., a fleloware Carl oration, • rorpmation dear ergeolond And exletlnre ,mdm and by virtue, of the Iowa of the Btete of Colorado of the fleet pert,and 131?NNIE P. COON and ;)PLLA M. COON, not as tenants in carmen but as joint tenants, of Countyef Lni'imer WlEINMSSMIT, Tint the eald party of the that n•rt, for and in menldoi lion of the 6111. er Ten and other good and valuable considerations, to the veld party of the fiat pert in hand pofd by the eeld pert _e S of DO aeeond pert, the receipt whnrrof is hereby nonfeeved end nciroorrIedlted, bath pram a, hermtire'I• odd _•,d cen,trtd and by linen praatnts doth Frrxnt, bargain, roil, convey and confirm unto the arid pert Iv.; of the second Pert, their hale and a+r,l '10 fnrt.°r, all the following daerrihrd lot or parcel of lend, eltoate, Moir end holm. In the ' Connty.of Weld end Stnto of Cnlorndo. to -wit: The. NE,of Section 18, Township 5 North, lunge 67 Weai, of the P.N. EXCEPT the following part thereof' described in deed to Sinclair Pipeline Company recorded under Ilccoption No. 54.38250 in Nook 516,, to -wit: Beginning ut a point on the East line of said •Soibion 18, which point bears South OO°55' East, 51.17 feet from the NE carne.' of said Section 18; thence South 00055' East, along the.Enst line of said Section 18, n distance of 660 feet] thence South 88.14' West, 660 feet; thence North 00°55' West, 660 feet; thence North 88.111' East, 660 Feet to the POINT OF BEGINNING, EXCEPTING therefrom that portion convoyed to the Department of ILighweys, State. of Colorado, by Deed recorded April _3, 1974, in Book 711 under Reception No. 1631100, Weld County Records, described as follows; A tract or parcel of lend No. 15 or 1.11,: Stot:r. Department of Highways, Division of llighwaye, State of Colorado, Project No. V 016-1 (10) containing 9.231 acre*, more tr lees, fn the t1i of the NN- of Section 18, Township 5 North, Range 67 West, o£ the 6th P.M., WELD COUNTY, COLORADO, said tract or parcel being more particularly described as follows: Beginning at a point on the Went line of the NEB- of Section 18, Township 5 North, Range 67 West, from which the NW corner of the NE-- of Se-tien 18 bears N. 0°16130" E., a distance of 200.2 feet; 1. Thence S. 89°51/' E. a distance of 2,006.7 feat Co the property line; 2. Thence North 0479' E. o distance of 200.1 feet Co the North line of Seetiurt 18; 3, Thence N. 89°53'65" W., 'Alongthe North lino of Section 18, a distance of 2,010.0 feet to tlto NW corner of the of Section 18; 4. Thence S. 0°16'30'` W., along the west line of the Net+ of Section 78, n distance of 200.2 feet, more or less, to the Point of fegirining. ALSO EXCEPTING therefrom that portion conveyed to Harvey Spade and Mary Lou Spade by Deed recorded April 9, 1974, in Boole 772 under Reception No. 1833760, Weld County Records, described ns follows: A portion of the NE>t of Section 15, Township 5 North, Rcinge 67 West of the CC P.m., WELD COUNTY, COLORADO, more particularly descri.pnd es i'oileweet Considering the Weak line of the NEy of amid Suction 18 as hearing South 1°12'26" Eost and with all bearings contained heroin relative thoroto; beginning at the SW Corner of the NE* of said Section 18, thence along the South line of the NE* of said Section 16 North 8801t5'56" East 1464.07 feet to the center line of t:l,111. O..errtnln ditch known ii, the r:recicy-Loyal nml DItch; ,.hr;nen� ndr,n; n„Id center flop North 5((1157155" Wont 1084.99 font.; thence Nurth 27°18'02" Wont. 577.82 root; theme: North 5r1°217,,ij" Wont 250.74 feet; tlnmce North 1+2°'l2'7!" 1,,el, 2112.3.1 foot; Lhencn North 11GO30e)i%1" Went 1198.4G foat mare or loan to the Wont 11ne of the Kk;,t, of said Section Si1Ghenr+: al riot; d,'ot it,,,: of the NEE. of sold Sr.ction 18 S 1012'26° fool. 2203.98 root more or less to rho POINT Or HGC1NNIN171 TOGETHER 1PITM oil oarsomnnt nn rene rvorl 1n Wn rran Ly Deed recorded in 11,.,11k 712 at Hecc.i]sti.nn Na. 1633760, Weld County Records, for the location n1' an electric irrl frnt.icn pump, poker line_ used in connec- tion therewith, pipe running from, said pump across 1.ho rk r;l,t.-of-,.:1y of Greeley -Loveland irrigation Company ditch rind an enncit,ent for the carriage of writer from the hcadga.0 of the Greetey-Lovclnnd Irriga- tion ditch i.e the irrigation p„mp l„ 1.1C ]or;,LI.no where the pipeli.uc for encl, enrol ago now existn; TOGb;TIifR WITH 19 acre-foot uni l.a of Thv Northern Colorado Co rteer•vnrley D.Lstrict, onto,' allotted LO sold premi MOO anr] 1/2 right of lake Loveland and i/2 right of 1nyd Luke wattrl tngcthcr wiLi, motor and Irrigation Dump, T0OF.T1'tElt with ell and singular the heredltsmenta and aipurten.nrea thereunto bolosadeg, or In .nywlre appnrtafnlnf, and the inversion sod rcncrviona, rnmaindtr and remainders, mote, lsseee and profits thereof; and all the aerate, right, tllla, interest, claim end demand whenever of the sold party of the flint part, either in law or equity, of, In and to the above bargained promisee, with rho heredllamenta and appurtenances. TO HAVE AND TO HOLD the avid organises above bargained and described, with the appurtenance, un:e the well 'island of the pramlrea nbova comeaad, 'en of goad, sure, perfoci, absolute and Indofearlhla errata of isharitanoo, in law, in fee .unpin, and bath good right, fall pomar end lawful authority to grant, bargain, roll and convey the lame in manner and form aforesaid, and that the same era free and clear from all former and other pranta hargeine, calm, liens, tisane, aeatrmanta and l eurebrances of mhatvrer Nnd or nsturo wearer; i'.XCept 1131Cm Cnt ril;llta of wOy, reservations, agreements and 011, gas and flineral lease of record, taxes for 1974 1layntl�e in 19'73 and sub Oct to a deed of trust for the urn of 1,ennnrt. A, hlollin and Clrldyll P.h1c1]in to secure 1678,100.00 detod Mirth ]5, 197] rind recorded Morel: 17, 1971'1n Pooh 642 as Reception Pe. 1551020, lgeld County records, and further tuhject to a deed of trust. for the 0:,c or 11.I.'•Tn,isrm ;1rd Gaylord Corwin to 10curs 113,91i',.1,9, doted March 25, 19974, recerued March 28, 19711 in iload 711 cis ltoce;Itiou No. 11)32.95'1, 'rtrel,i Cocar.y records, ( Grantees faro aware that the Grantors ore pr000nl.ly engaged in litigation with weld County eancerninf In,iinn Head Subdivision, and this any require the filing of a plat or said solwhfris:ion and Grantors agree to cooperate in every way in signing of necessary rlocummrta. Cost Of filing, howovrr, shall be Grantors cost, an well as all costs of said girl. f;ttti on, and Grnntocn shO11 hove nu financial. obligation in connoc Lion tl,erowii:1,. 7t is firmly 1,grocs] by cri Pnrl.iro lhilt t:he Grro,tare shall doe t.heur Uc L r.ffol'(o in Il{�u {:t fig oaocl ptat Ii1ed nod recorded, provirli_nr I.]1a Grnn tors ahi.ob I. e under no obligation to woiv their 004), coyrl nmra000 agreinst the Weld County mailing nui.hariI,too). 1ND Toll ABOVE_.DhRGAIfED PREMISES IN the 0.nlet and peaceable posaeoaloa of the veld part 1 e,ef the eeeond part, 11)01I` hairs and nazism., .palter all and every person or persona lawfully claiming or to claim Lhe whole or uny part thereof, the ,'rid party 5t, ,rte PAR G Meal MAIM n,.,...t.. itta it=1 1324 =4 15th Cos 4 Kush is FX . Csl zaw.a4r 3r 5H.eErl d ilitSr MIA aleto o4 tkla. 7.i lu' 31 ycoa • acoc o7..--cr>aEPtd PTA' ▪ 1 444.12 t tv 4 elm lotto E^u Coto 4 IIaLL¢..,ro t L1cr,cr :3r3m e▪ n. pJ usua. Itanfa wlA w`J ICS d tl o Errs 'pat, act rata W .a, -+n.—. , d Lb m d wl Tr.4 r A.5g3 i3TI O1Li3d� �?+9Sae ,:3 i5 to a; arall =I. -JAM d Gm zra 4 fr_•d val. hd 8o cell y.+t,' rd 'te`i n=rt: °. +ryat79 vl<e Yd o7. ea tzyu3v cm) arm ol ,.d..41rr 4 ,7. c+amxto do ®d otacton. t C^o r:d moto c4 Cad =cad serf. Ito ul... e..ra eat .4z'i io.mar, 4 e,' il::m:`,30 Eat ea dta5,Nlml�U2os cod b -+W b th. Coarse 4 mom ,4 CPet1 G Q'.n..r,,. C+r v.L: gLO qae: L= ) et. Cca i S= 1Li Fi rMs S'outil, Eta=•�'7 67 f7M2 C.:S ice` 6Cai P. El. =I= ea So1Lt ij=t tbmet 3 t„1 v..X. 1 2.2 r.= a CO osolfs,^ Marot3' y L S cat ao. 7.4313350 *+110 Fi:2a:Y no. to -•t4 Lmah' :ivs eta o �:^'..rs er tea E3 S lir= a raid • ate 2/3,, aaeh srix r ...:.0 f O C ' cu2Tfaa ua.ax 17= ft,z3 tt!o V 'W c cwt ci said Czeli.cn 113; ta=co dim= at] l3S' 13aert, olarJ tat, ^•s b.A,rn o2 cola Scala.) 113 o dL4©¢r..m0 cd Zoo:; Ca≤_os�a ficun 2097.4° 1•137!, Ot,3 Bezag 3 Eta: eg'SS. e=2-. GCd} i2 t; Si=eCE 3rr' • n;,4° Z '-a Aco Be;Y Cca hs j!L[rr, e1 f ;#rM„S, Y to jtEtot, talti° ZS qc o • ffcc7lf dZ 110 Z~am fia:narovetty 1`otor. tzca ^irrht to hate Lmrol.al , 1/2 t'141t to Cnrcl 14.1.43. tr;,tk*s• oath o1J other v'M,tor cstli 11ech rights scaad attelcphad to rsts3 1otc3. BEZtC01 73t5D MAIO? St��J P.zc nopttmp Eta .161/. .--.- r 4'xfi`lfati¢s' 1 ren G7 eW] *,e:zr cogrutmatum .hntIm is tal,-e 7,3 t7 d 7.331_7. r s c:'s6z, csi tyb +c. t2e. a tad ot=osetso. re. . iz-m rd ocr£31..s: spa 9:40. E�.4 I4a ,.J. a4 1 aG`c,,,_:. d rt!r4 n.}1 t,rom 1E:J c3 CJ717, - o.a0. otgrork. tzta w ca^itr. ce b. PT C"7. o ea 1'csrv'md przstL.D), Iter raffia 4=1 L-,dum—• 'tYa 1141123 amino X7,.0' otzr crib Om mid - d t2P3 r.ardl =TR c nvrsto t 9 togt,ef m. Gt% Q.41 -KO ibt5 a4 Et. any mat. e. cr94F '43:!^1.++=z,, a�src^cna e=! ^!� "-a ^- w rye ease. towtmin cml crx.2 ca cro1 a:il .rho K"'.:F e4 at 1'7.!!'97. part. fto accaosdoro on7 r ID.v rJ O., c! ea am .mceID4T cud Cat.nY d ,4aoe roadie% they Iti47 rs3 rr.mr a a! lie emmt cn eb..a eotrap+a_ o. 7.7 ae«4 Imo, Rarfort, or—'-' 04 Flo aeht. 4 exrmRam to b.r. m to Mode, ¢C Pa 'V1 etaJ .14 t, Aa.11 rover reel faa+rd ra0ooloo C¢'+4�w tea, cod c=oca Cat. mon h csxv rod feu. Ira rc1 rt R a7.! a Lb c:v ca Leo 04 dew Erna 44 tumor coal aYtru cr.r.o.ltoovAta. oaloo.6aoo.l.oaaa.cortatows# sat sarsnam: ate U arlmtwar tdtd w Gen. mann lia .14x! to 1,9171 tc:wz, A8 toomj'tat 5o rl,*Ya-0 tray., xttstaettic0o 1.4 ltzotrictic it. sLrcio-t6tc . om1 h edkrr.. tav .+ref mend= is titet .4L asd =loofa puQa¢J.9 of an ..;Ed wets of ...rata:] It WI, !la l hnora r. clad .c.tpr.., rdeetet off aa56917 P..003 or pvwPo tov149a .LW!.a as or to .trim ¢5s n3da at m¢f ra+1 ltte.ona. J� obi fad 1erAr6 th. cud oats da..1 aai __ trnsalaErr ono evastrcsa 110'7NWA. 1N AfINIUM 7f1=1297, ita.0+14112 m, arse Vel. VD t.,rr 7.b r.1 tVir iddll@v rai salt O tl. .211Vy c. r7. aayv rush PZITYM minas, t:Vmo1. Cc.ta1 sad Vo4C4Q+1 t flri Bost naa r7. =ATE. OP VI1AI&Af1O. anxx• ., of ea. 7'b e tokrs lo.reaeaet �I<ledt�� ttf� F `=� fx ▪ 710, Lamoort A, 1b3.11_Im =A .1... -yo E3. Mrlkitt, "U: ' a ''• ever-ar'wt.rmi.-n, G, -r17-"714 :c rr - • ¢l f t% Na DIM F.T t*J4VT V=i. la CS roA>rr{PTTl- Lti 11.arwsri--.�xKW R}L`tSs fa. ya16i. [Taal parer, o7... —4. �� T'. y ! 3• , - •y.�.} Ali. X+n�. _ �� fr' - ;�. ��1�`• 'u..,.f. 6`l r'n,*�r��,ltiiz 107 ��,{,e,,n�x I M '�i ra'r's,� r 'j j C1. �rt +.F 63Fiz 1r p First American Title Insurance Company 7887 E. Belleview Ave., Suite 900 Englewood CO 80111 Telephone (303) 305-1300 First American Title Insurance Cornparry OWNERSHIP & ENCUMBRANCE REPORT To: Jennifer Sheldon From: Customer Service Re/Max Momentum Direct: (303) 305-1300 Email: O&E@FirstAm.com Order Number: 9681034 Email: jsheldon.realtor@.gmail.com Loan Number: Date of Records: November 13, 2018 Address: 6501 Algonquin Dr Loveland, CO 80534 Current Owner: Stephen M. Lydon and Christine Lydon County: WELD LEGAL DESCRIPTION: Date of Report: November 20, 2018 Lot 1, Block 1, Indianhead 1st Rep, County of Weld, State of Colorado. DOCUMENTS OF RECORD: Vesting Documents: • Quit Claim Deed recorded October 8, 2004 at Reception No. 3226386. • Warranty Deed recorded July 19, 1995 at Reception No. 2447353. Encumbrances: 1. Notice from Stephen M. Lydon and Christine Lydon to the Public Trustee of Weld County, recorded April 7, 1997 at Reception No. 2541573. 2. Agreement from Energy Inc Land and Stephen M. Lydon and Christine Land to the Public Trustee of Weld County, for the benefit of Centennial Lending, LLC recorded July 7, 2014 at Reception No. 4028588. 3. Deed of Trust from Stephen M. Lydon and Christine Lydon to the Public Trustee of Weld County, for the benefit of Ent Federal Credit Union in the amount of $197,499.20 recorded August 5, 2014 at Reception No. 4035855. 4. Deed of Trust from Stephen M. Lydon and Christine Lydon to the Public Trustee of Weld County, for the benefit of Ent Federal Credit Union in the amount of $74,000.00 recorded January 19, 2016 at Reception No. 4173654. Judgments and Liens: The following Items were found using a general name search and may or may not belong to the owner of the property listed above. • None DISCLAIMER TO CLIENT: This Property Report includes information from certain documents imparting constructive notice and appearing in the official records relating to the real property described. It does not directly or indirectly set forth or imply any opinion, warranty, guarantee, insurance, or other similar assurance as to the status of title to real property, and may not list all liens, defects, encumbrances and other matters affecting title thereto. This report has been prepared solely for the purpose of providing public record information. Accordingly, liability hereunder is strictly limited to the amount paid for this Report OR IF REQUIRED, TO STATUTORY LIMITS DEPENDING ON THE jurisdiction THAT THIS PROPERTY LIES WITHIN and no liability is assumed regarding the accuracy or completeness of this Report. .x1114111 FIRST REPLAT OF INDIANKEAD SUBDIVISION BEING A REPLAT OF LOT 17, BLOCK 1 AND LOTS 31 AND 32, BLOCK 3. (Far Recording Purposes: Purl of the Nal-thens` Quarter of Section IS, Township 5 North, Range 66 West of the 6th P..( r SCE :F+ILA I6,' U'ILr2 4 NNW EdS➢44' 11 i.-- &US 27 10,291.2 MK] 14NCEP 61 2174 L5 1 r IP1661.17 N 66'36'51'•116 562.'9�M TJ • EI5?493 ET LITE Tq BL 141161; r 1 I r-; 211iTN' [1335[91 t 42 14241:[ I I 11 ' B � ' L11 o' �S,1 sq. I` 225.1;926ac1€ II J I r 'i&CTI '2 87[1O4 •I ---- I I T. -- ..---.I 1 V 3412114; LO- Lai6 IO', EE 412111E M \ ` E91211912142(531T '310:WG9T[N '`I, 'i I \ kO:e52216 [FNE 1l I \ i Tr B[1wF[ATE: y , i C3. •A1 I 1 I w�/' �/ ry v� \ (' ��rl: a \ �'yEg Rs9,,,,, l / „I ..B. c, rd, 1 \ �ON Pe' Nip 5 35"49 714, W! Jj w t— 5.129) d 14 .4., x11, y' 594949 1 2 ';v rt144' ! .'2 4111911 1y E ^; e \ il4URi�ir I / '\ 11 I lT,y;1n 14'1 Y \ \ �[ -=793 �1 � 5 k \1141[9 d}v� \ t ;R[6r-la';I9va� \141% �\ -,..7,,*,qi ',\ �� o y P, P ,/". '\'V'I,,to d\ \ w, OA, \ /it 0' . \ (6\ r C /6...„. 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Ns aug— do, 11 rye g.. iS 4� 7-1 f fr. /o ti. • hv^r.sld 4:51 ri'P'-, w 491 rp ryCeaw le 11ah ' �� By poi II.IIc Ih.T Cored S-445' 9r znLh 4994191 ['.1[4211 421129 14118 2,5erehl is dal. In use, so 4149 he oddold /OA I "'ill) 514910118, Nislna 441211 ef.1111 '1'984 4441121 2ose14d is 441 II Ill, s: 414, he .411114. .} ,,!e Q.— met .95 301.11+1 Sln: Pep'ese0/4h,e 1[P TE4911NE 31,+124 iaserr-ll is rat it III, s; 101 he ,VAIM. '; }iyu .oresew grdl Woo .epesen:okne N i]FT0 !1-71 1L1 10114 C426N 11 211 FI['[ BOB, SEALL 1 I'NT LNHN 141719 F43LE11 4'] 95151 (Al 9-91 KING SURVEYORS INC 1230 1ES[ 134 S -BEET SU:FE C n1N[S]R, C. 3125E 9N : '3:7; 695.601: S-EET 1 SP 1111111111111111111111111[11111111111111111111111111111 3226386 10/08/2004 04:30P Weld County, CO 1 of 1 R 6.00 0 0.00 Steve Moreno Clerk & Recorder Return To: US Alliance Credit Union 1499 Wynkoop Suite 100 Denver, CO 80202 Grantee(s) SS No(s): Stephen M. Lydon 016-52-3616 Christine Lydon 026-48-4407 QUITCLAIM DEED This Quitclaim Deed, is executed on: September 3rd , 2004 by Stephenie M. Lydon Christine Lydon hereinafter referred to as First Party, whose address is: 6501 Algonquin Drive Loveland, CO 80537 does hereby Grant to: Stephen M. Lydon Christine Lydon hereinafter referred to as Second Party, whose address is 6501 Algonquin Drive Loveland, CO 80537 Witnesseth, that....the First Party, for and in consideration of the sum of $ -0- In the hand paid by the said Second Party, the receipt whereof is hereby acknowledged, does hereby remise, release and quitclaim unto the Second Party, all right, title, interest, and claim which the First Party has in and to the following property situated in the City and County of Denver, State of Colorado more particularly described hereof ; 6501 Algonquin Drive Loveland, CO 80537 095718108001 Lot 1, Block 1, First Re -Plat of Indianhead Subdivision, a subdivision of the County of Weld, State of Colorado To have and hold the same, together with all and singular the appurtenances thereunto, of all interest, equity and claim whatsoever the First Party may have, either in law or equity, for the proper use, benefit and behalf of the Second Party forever. Tn Witness Whereof, the First Party has signed and sealed these presents the day and year first above written. Witness Signatur Witness Signatur Signature of First Party itness Nam r e A4. be A (64 - tR�1,t t k q�`�Vituess Names q e�, /�--] r c�- Signature of Second Party / - " State of Colorado, County of Denver September 3rd, 2004 By Stephen M. Lydon _ And Christine L don My commission expires 9/3 CAMERON HALL Notary Public State of Colorado Wi ness My Hand & Seal r Notary Public rJ Printed Name �` u / Cf�[ •`i'ti Ake%'iid53 W A R RAN T Y DEED THIS DEED, Made this 26TH day of MAY, 1995 between Jerry ,Banks and Gaye' Stockwell /L. A. of the County of Weld and State of Colorado, grantor, and Stephen M. Lydon and Christine Lydon whose legal address is 6535 Algonquin Drive, Loveland, Colorado 80531 of the County of Weld and State of Colorado, grantees: WITNESS that the grantor for and in consideration of the sum of ONE HUNDRED EIGHTY TWO THOUSAND SEVEN HUNDRED AND 00/100, ($182,700.00) Dollars, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm unto the grantees, their heirs and assigns forever, not in tenancy in common but in JOINT TENANCY, all real property, together with improvements, if any, situate, lying and being in the County of weld and State of Colorado, described as follows: SEE EXHIBIT "A" ATTACHED. also known by street and number as 6535 Algonquin Drive, Loveland, Colorado 80531 TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. To HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantees, their heirs and assigns forever. And the grantor, for himself, his heirs and personal representatives, does covenant, grant, bargain, and agree to and with the grantees, their heirs and assigns, that at the time of the ensealing and delivery of these presents, he is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, except general taxes for 1995 and subsequent years; except easements, restrictions, covenants, conditions, reservations and rights of way of record, if any; 2447353 B-1502 P-391 07/19/95 03:09P PG 1 OF 2 Weld County CO Clerk & Recorder REC DOC 11.00 18.27 The grantor shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession of the grantees, their heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF the grantor has executed this deed on the date set forth above. STATE OF COLORADO County of Weld �1-'- by Jerry Banks and } } } Gaye Stockwell ss. The foregoing instrument was acknowledged before me A. this 26TH day of MAY, 1995 Witne=s my hand and official seal. My co nn . expires 3'_ - 77 NOTARY PUBLI 78 WADSWORTH BLVD #240 ARVADA, COLORADO 80003 EXHIBIT "Pi" Lot 1, Block 1, First Replat of Indianhead Subdivision, a subdivision of the County of Weld, State of Colorado. 2447353 B-1502 P-391 07/19/95 03.09P PG 2 OF 2 .,'NV Recording requested by: And when recorded mail to: A;' 5'73 PREFERRED CREDIT CORPORATION 3347 MICHELSON SUITE 400 IRVINE , CA 92612 Loan Number: 20701699 SPACE Ai3VVL 1F11S LANE FOKKELUHULKS USE REQUEST FOR SPECIAL NOTICE In accordance with Section 2924b, Civil Code, request is hereby made by the undersigned that a copy of any Notice of Default and a copy of any Notice of Sale under Deed of Trust Recorded 7/19/95 as instrument No.BOOK 1502, PAGE 392, in Book , Page , Official Records of WELD County, COLORADO as affecting herein described property, executed by STEPHEN M. LYDON AND CHRISTINE LYDON as Trustor in which BANCPLUS MORTGAGE CORPORATION is named as Beneficiary, and as Trustee, be mailed to PREFERRED CREDIT CORPORATION, 3347 MICHELSON SUITE 400, IRVINE ,CA 92612 describing land therein as: LOT 1, BLOCK 1, FIRST REP1 AT OF INDIANHEAD SUBDIVISION, A SUI3l)IVISON OF THE COUNTY OF WELD, STATE OF COLORADO. A.P.N. Dated: March 24, 1997 PREFERRED CREDIT CORPORATION a California Corporation TAMMY. HA EMAN Authorize igner STATE OF CALIFORNIA ) COUNTY OF ORANGE )Ss. On 3/24/97 before me, the undersigned Notary Public, personally appeared TAMMY HANNEMAN personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature BETH OR7ENS TA it , Mynrni PyB'y Casii'.28.1999 71 2541573 B-1599 P--8585 04/07/1997 04):17A PG 1 OF 1 REG DOC Weld County CO JA Suki Tsukamot.o Clerk & Recorder 6.00 I' UII1 i1L I A TI` 1 1 TirriLE Services Enc. O3 737 L Tl Ii In 4028588 Pages: 1 of 2 07/07/2014 02:56 PM R Fee:$16.00 Steve Moreno. Clerk and Recorder Weld County: CO ■III �1� ill l ii��Yh1� W�ritp l NON-DISTRUBANCE - ATTORNMENT AGREEMENT FOR OIL AND GAS LEASE KNOW ALL MEN BY THESE PRESENTS: THAT, WHEREAS, Heretofore effective the 18th day of December, 2013, a certain oil and gas lease was made, executed, and delivered by Stephen M. Lydon and Christine Lydon, husband and wife, as Lessor, to Land Energy, Inc., as Lessee, covering the following described lands in Weld County, Colorado: Township 5 North. Range 67 West, 6`h P.M. Section 18: Lot 1, Block 1, First Replat of Indianhead Subdivision, according to the Plat recorded May 25, 1995 at Reception No. 2439712, EXCEPTING THEREFROM any portion lying within the right-of-way of the Union Pacific Railroad Company, as conveyed by Warranty Deed recorded October 19, 1908 in Book 287, at Page 176 County of Weld, State of Colorado said lease being recorded on January 16, 2014 at Reception No. 3990368 and corrected in Correction of Description and Ratification of Oil and Gas Lease recorded on Sane a , 2014, at Reception No. `! 002 014 3 of the records in the office of the Clerk and Recorder in and for said County, reference to said lease and to the record thereof being hereby made for all purposes. NOW, THEREFORE, In consideration of the sum of One Dollar ($1.00) and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Centennial Lending, LLC and/or assigns ("Lender"), agrees that subject to the conditions contained herein and provided Lessee is not in default in the performance of its obligations under the Oil and Gas Lease beyond any applicable grace or cure periods, Lessee's rights and privileges under the Lease shall not be diminished, disturbed or interfered with by Lender in the exercise of any of its rights under Lender's Loan Documents. This Non -Disturbance and Attornment Agreement is provided under the express condition that; (a) Lessee at all times property observes all setback requirements promulgated by the Colorado Oil and Gas Conservation Commission and/or any municipality having or purporting to have jurisdiction over such setbacks, and (b) that the following words are deleted from the Lease Agreement: "In consideration of the foregoing Lessor further grants a waiver to any setbacks and by this lease shows hereby waive any setbacks that may be required by the Colorado Oil and Gas Conservation Commission and/or any municipality having or purporting to have jurisdiction over the right to propose such setbacks'. EXECUTED This o?v� day of M t , 2014. Centennial Lending, LLC By Land Energy, Inc. By: As: P t e 5 r As: Pres] den t ACKNOWLEDGMENTS TO FOLLOW NON -DISTURBANCE - ATTORNMENT AGREEMENT PAGE 1 OF 2 4028588 Pages: 2 of 2 07/07/2014 02:56 PM R Fee:$16.00 Steve Moreno: Clerk and Recorder Weld County: CO STATE OF CpIn-1 G -t) COUNTY OF bj- ? l G� } } ss } The fo ing instrument was acknowledged t" before me this Z� day of flail (C 20S by L , as r 5 r Q., t of Centennial Lending, L C. WITNESS hand and official seal. My Commission Expires: KRISTY A GOULD NOTARY PUBLIC STATE OF COLORADO NOTARY ID 19974001058 My Commission des May 18, 2017 STATE OF Ca lo ratio COUNTY OF Dah vt r } } ss } The foregoing instrument was acknowledged before me this Lf day of f ►z ty 20/` by L.nt svr . T r-ih.5I rr , as Pr -es ,dtsl- of Land Energy, Inc. WITNESS hand and official seal. My Commission Expires: /Vry . / Notary Public AUCIA ROCFELLE BBL NOTARY PUBLIC MATE OF COLORADO NOTARY O 20124075212 W OOM1SSON EXPIRES to tER It 20N NON -DISTURBANCE - ATTORNMENT AGREEMENT PAGE 2 OF 2 4035855 08/05/2014 08:56 AM Total Pages: 4 Rec Fee: $26.00 Steve Moreno - Clerk and Recorder, Weld County, CO WHEN RECORDED, MAIL TO Ent Federal Credit Union 7250 ( ampus Drive Colorado Springs, CO 80920-6517 (719)574.1100 (800) 525-9623 NMLSR ID # 405466 Deed of Trust LOAN ORIGINATOR NAME AND NMLSR ID g; ALICIA NEVAREZ 1026613 THIS DEED OF TRUST ("Security Instrument") is made on 7/30/2014 The Grantor is STEPHEN M. LYDON AND CHRISTINE LYDON ("Borrower"). The Trustee is the Public Trustee of 1`D The Beneficiary is Ent Federal Credit Union a corporation organized and existing under the laws of whose address is 7250 Campus Drive Colorado Springs, CO 80920 ("Lender"). IN CONSIDERATION of the indebtedness herein recited and the trust herein created, TO SECURE to Lender: the State of Colorado County, State of Colorado ("Trustee"). (I) The re -payment of all indebtedness, including principal, interest, Advances (as hereinafter defined), all other amounts, finance charges, payments and premiums due and the performance of all obligations that Borrower now or hereafter owes Lender under this Deed of Trust and under that certain agreement governing Borrower's Closed -end Note, Disclosure, and Loan Agreement entered into between Borrower and Lender and any other applicable parties thereto of even date herewith in the principal amount of 5197.499.20 ("Agreement"), including all extensions, renewals, substitutions and modifications thereof (all of such obligations being hereinafter referred to as the "Debt"), and any advances or disbursements which Lender may make pursuant to the terms of this Deed of Trust, the Agreement or any other document with respect thereto, including but not limited to payment for taxes, special assessments or insurance on the Property and the interest on such disbursements. This Deed of Trust is intended to and shall be valid and have priority over all subsequent liens and encumbrances, including statutory liens, excepting taxes and assessments levied on the Property not yet due and payable, to the extent of the maximum amount secured hereby. The maturity date of this Deed of Trust is 11/112020 , which is the date by which the debt is due. (2) The payment of all other sums advanced in accordance herewith to protect the security of this Security Instrument, with finance charges thereon at a rate which may vary as described in the Agreement. (3) The performance of Borrower's covenants and agreements under this Security Instrument and under the Agreement. BORROWER irrevocably grants and conveys to Trustee, in trust, with power of sale, the following described property located in, the County of WELD State of Colorado: LOT I, BLOCK 1, FIRST REPLAT OF INDIANHEAD SUBDIVISION, A SUBDIVISION OF WELD COUNTY, STATE OF COLORADO, which has the address of _591 ALGONQUIN DR JOHNSTOWN , Colorado 80534 (herein "Property Address"); TOGETHER with all the improvements now or hereafter erected on the property, and all easements, rights, appurtenances and fixtures, all of which shall be deemed to be and remain a part of the property covered by this Security Instrument; and all of the foregoing, together with said property (or the leasehold estate if this Security Instrument is on a leasehold) are hereinafter referred to as the "Property". Complete if applicable: This Property is part of a condominium project known as This Property includes Burrower's unit and all Borrower's rights in the common elements of the condominium project. This Property is in a Planned Unit Development known as I - Payment of Principal, Finance Charges and Other Charges. Borrower shall promptly pay when due all amounts borrowed under the Agreement, all finance charges and applicable other charges and collection costs as provided in the Agreement. 2. Funds fur Taxes and Insurance. Subject to applicable law, Lender, at Lender's option, may require Borrower to pay to Lender on the day monthly payments of principal and finance charges are payable under the Agreement, until all sums secured by this Security Instrument are paid in full, a sum (herein "Funds") equal to one -twelfth of the yearly taxes and assessments (including condominium and planned unit development assessments, if any) which may attain priority over tins Security Instrument, and ground rents on the Property, if any, plus one -twelfth of yearly premium installments for hazard insurance, all as reasonably estimated initially and from time to time by Lender on the basis of assessments and bills and reasonable estimates thereof. Borrower shall not be obligated to make such payments of Funds to Lender to the extent that Borrower makes such payments to the holder of a prior mortgage or deed of trust if such holder is an institutional Lender. 0100 LASER VELOCITY Fl O719 Rev 6-2013 page 1 of 4 06681 75 3861 988 60 COPYRIGHT 2005 Securian Financial Group, IIIC. All sutra reserved 4035855 08/05/2014 08:56 AM Page 2 of 4 DEED OF TRUST (continued) If Borrower pays Funds to Lender, the Funds shall be held in an institution the deposits or accounts of which are insured or guaranteed by a Federal or state agency (including Lender if Lender is such an institution). Lender may require a "cushion" to be maintained in the account equal to one -sixth of the estimated total amount of taxes, insurance, premiums and other charges that are to be paid annually, or such other amount as required or allowed by law. Lender shall apply the Funds to pay said taxes, assessments, insurance premiums and ground rents. Lender may not charge for so holding and applying the Funds, analyzing said account or verifying and compiling said assessments and bills, unless Lender pays Borrower interest on the Funds and applicable law permits Lender to make such a charge. Borrower and Lender may agree in writing at the time of execution of this Security Instrument that interest on the Funds shall be paid to Borrower, and unless such agreement is made or applicable law requires such interest In be paid, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds showing credits and debits to the Funds and the purpose for which each debit to the Funds was made. The Funds are pledged as additional security for the sums secured by this Security Instrument. If the amount of the Funds held by Lender, together with the future monthly installments of Funds payable prior to the due dates of taxes, assessments, insurance premiums and ground rents, shall exceed the amount required to be paid and maintained for said taxes, assessments, insurance premiums and ground rents as they fall due, such excess shall be, at Borrower's option, either promptly repaid to Borrower or credited to Borrower on monthly installments of Funds. If the amount of the Funds held by Lender shall not be sufficient to pay taxes, assessments, insurance premiums and ground rents as they fall due, Borrower shall pay to Lender any amount necessary to make up the deficiency in one or more payments as Lender may require. Upon payment in full of all sums secured by this Security instrument, Lender shall promptly refund to Borrower any Funds held by Lender. If under paragraph 22 hereof the Property is sold or the Property is otherwise acquired by Lender, Lender shall apply, no later than immediately prior to the sale of the Property or its acquisition by Lender, any Funds held by Lender at the time of application as a credit against the sums secured by this Security Instrument. 3. Application of Payments. Unless applicable law provides otherwise, all payments received by Lender under the Credit Agreement and paragraphs I and 2 hereof shall be applied by Lender first in payment of amounts payable to Lender by Borrower under paragraph 2 hereof, second, (in the order Lender chooses) to any finance charges, other charges and collection costs owing, and third, to the principal balance under the Credit Agreement. 4. Prior Mortgages and Deeds of Trust; Charges; Liens. Borrower shall perform all of Borrower's obligations under any mortgage, deed of trust or other security agreement with a lien which has priority over this Security Instrument, including Borrower's covenants to make payments when due. Except to the extent that any such charges or impositions are to be paid to Lender under paragraph 2, Borrower shall pay or cause to be paid all taxes, assessments and other charges, fines and impositions attributable to the Property which may attain a priority over this Security Instrument, and leasehold payments or ground rents, if any. Within five days after any demand by Lender, Borrower shall exhibit to Lender receipts showing that all amounts due under this paragraph have been paid when due. 5. Hazard Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage," floods, and such other hazards as Lender may require and in such amounts and for such periods as Lender may require. Unless Lender in writing requires otherwise, the policy shall provide insurance on a replacement cost basis in an amount not less than that necessary to comply with any coinsurance percentage stipulated in the hazard insurance policy, and the amount of coverage shall he no less than the Maximum Principal Balance plus the full amount of any lien which has priority over this Security Instrument. The insurance carrier providing the insurance shall be chosen by Borrower subject to approval by Lender; provided, that such approval shall not be unreasonably withheld. All insurance policies and renewals thereof shall be in a form acceptable to Lender and shall include a standard mortgage clause in favor of and in a form acceptable to Lender. Lender shall have the right to hold the policies and renewals thereof, subject to the terms of any mortgage, deed of trust or other security agreement with a lien which has priority over this Security Instrument. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. All insurance proceeds are hereby assigned to Lender and shall be paid to Lender to the extent of all sums secured by this Security Instrument, subject to the terms of any mortgage, deed of trust or security agreement with a lien which has priority over this Security instrument. Unless Lender and Borrower otherwise agree in writing, insurance proceeds shall be applied to restore or repair the Property, if it is economically feasible to do so. If the Property is abandoned by Borrower, or if Borrower fails to respond to Lender within 30 days from the date notice is mailed by Lender to Borrower that the insurance carrier offers to settle a claim for insurance benefits. Lender is authorized to collect and apply the insurance proceeds at Lender's option either to restoration or repair of the Properly or to the sums secured by this Security Instrument. 6. Preservation and Maintenance of Property; Leaseholds; Condominiums; Planned Unit Developments. Borrower shall keep the Property in good repair and shall not commit waste or permit impairment or deterioration of the Property and shall comply with the provisions of any lease if this Security Tnstruinent is on a leasehold. If this Security Instrument is on a unit in a condominium or a planned unit development, Borrower shall perform all of Borrower's obligations under the declaration or covenants creating or governing the condominium or planned unit development, the by-laws and regulations of the condominium or planned unit development, and the constituent documents. 7. Protection of Lender's Security. If Borrower faits to perform the covenants and agreements contained in this Security Instrument, or if any action or proceeding is commenced which materially affects Lender's interest in the Property, then Lender, at Lender's option, upon notice to Borrower, may make such appearances, disburse such sums, including reasonable attorneys' fees, and take such action as is necessary to protect Lender's interest. Any amounts disbursed by Lender pursuant to this paragraph 7, with finance charges thereon, at the rate provided in the Credit Agreement, shall become additional indebtedness of Borrower secured by this Security instrument. Unless Borrower and Lender agree to other terms of payment, such amounts shall be payable upon notice from Lender to Borrower requesting payment thereof. Nothing contained in this paragraph 7 shall require Lender to incur any expense or take any action hereunder. Any action taken by Lender under this paragraph shall not cure any breach Borrower may have committed of any covenant or agreement under this Security Instrument_ Borrower agrees that Lender is subrogated to all of the rights and remedies of any prior lienor, to the extent of any payment by Lender to such lienor. 8. Inspection. Lender may make or cause to be made reasonable entries upon and inspections of the Property, provided that Lender shall give Borrower notice prior to any such inspection specifying reasonable cause therefor related to Lender's interest in the Property. 9. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of the Property, or part thereof, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender, to the extent of any indebtedness tinder the Credit Agreement, subject to the terms of any mortgage, deed of trust or other security agreement with a lien which has priority over this Security Instrument. 10. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall not operate to release, in any manner, the liability of the original Borrower and Borrower's successors in interest. Lender shall not be required to commence proceedings against such successor or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower and Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy hereunder, or otherwise afforded by applicable law, shall not be a waiver of or preclude the exercise of any such right or remedy. 6100 LASER VELOCITY F713719 R,. a-2013 page 2 of 4 0668175386198860 COPYRIGHT 2005 Sccurian Financial Group. Ino All ri5hls reserved. 4035855 08/05/2014 08:56 AM Page 3 of 4 DEED OF TRUST (continued) 1 (. Successors and Assigns Bound; Joint and Several Liability; Co-signers, The covenants and agreements herein contained shall bind, and the rights hereunder shall inure to, the respective successors and assigns of Lender and Borrower, subject to the provisions of paragraph 21 hereof. All covenants and agreements of Borrower shall be joint and several. Any Borrower who co-signs this Security instrument, but does not execute the Credit Agreement, (a) is co-signing this Security Instrument only to grant and convey that Borrower's interest in the Property to Trustee under the terms of this Security instrument, (b) is not personally liable under the Credit Agreement or under this Security Instrument, and (c) agrees that Lander and any other Borrower hereunder may agree to extend, modify, forbear, or make any other accommodations or amendments with regard to the terms of this Security Instrument or the Credit Agreement, without that Borrower's consent and without releasing that Borrower or modifying this Security Instrument as to that Borrower's interest in the Property. 12. Notice. Except for any notice required under applicable law to be given in another manner; (a) any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing such notice addressed to Borrower at Borrower's last known address as reflected in Lender's records, and (b) any notice to Lender shall be given by mail to Lender's address stated herein or to such other address as Lender may designate by notice to Borrower as provided herein. Any notice provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when given in the manner designated herein. 13. Governing Law; Severability. The state and local laws applicable to this Security Instrument shall be the laws of the jurisdiction in which the Property is located. The foregoing sentence shall not limit the applicability of Federal law to this Security Instrument. In the event that any provision or clause of this Security Instrument or the Credit Agreement conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument or the Credit Agreement which can be given effect without the conflicting provision, and to this end the provisions of this Security Instrument and the Credit Agreement are declared to be severable. As used herein, "costs," "expenses" and "attorneys' tees" include all sums to the extent not prohibited by applicable law or limited herein. 14. Prior Mortgage or Deed of Trust; Modification; Future Advance. Borrower shall not enter into any agreement with the holder of any mortgage, deed of trust or other security agreement which has priority over this Security Instrument by which that security agreement is modified, amended, extended, or renewed, without the prior written consent of the Lender. Borrower shall neither request nor accept any future advance under a prior mortgage, deed of trust, or other security agreement without the prior written consent of Lender. 15. Borrower's Copy. Borrower shall be furnished a copy of the Credit Agreement and a conformed copy of this Security Instrument at the time of execution or atier recordation hereof. 16. Rehabilitation Loan Agreement. Borrower shall fulfill all of Borrower's obligations under any home rehabilitation, improvement, repair, or other loan agreement which Borrower may enter into with Lender. Lender, at Lender's option, may require Borrower to execute and deliver to Lender, in a form acceptable to Lender, an assignment of any rights, claims or defenses which Borrower may have against parties who supply labor, materials or services in connection with improvements made to the Property. 17. Waiver of Homestead Exemption. To the extent permitted by law, Borrower hereby waives the benefit of the homestead exemption as to all sums secured by this Security Instrument, 18. Waiver of Statutes of Limitation. To the extent permitted by law, Borrower hereby waives statutes of limitation as a defense to any demand or obligation secured by this Security Instrument. 19. Merger. There shall be no merger of the interest or estate created by this Security Instrument with any other interest or estate in the Property at any time held by or for the benefit of Lender in any capacity, without the written consent of Lender, 20. Notice of Transfer of the Property; Advances after Transfer. Borrower shall give notice to Lender, as provided in paragraph 12 hereof, prior to any sale or transfer of all or part of the Property or any rights in the Property. Any person to whom all or part of the Property or any right in the Property is sold or transferred also shall be obligated to give notice to Lender, as provided in paragraph 12 hereof, promptly after such transfer. Even it' Borrower transfers the Property, Borrower will continue to be obligated under the Credit Agreement and this Security Instrument unless Lender releases Borrower in writing. As a condition to Lender's consent to any proposed transfer or as a condition to the release of Borrower, Lender may require that the person to whom the Property is transferred sign an assumption agreement satisfactory to Lender and Lender may impose art assumption fee. The assumption agreement will not entitle the person signing it to receive advances under the Credit Agreement. 2 I_ Transfer of the Property. Subject to applicable law, Lender shall have the right to accelerate, that is, to demand immediate payment in full of all sums secured by this Mortgage or Deed of Trust, if Borrower, without the written consent of Lender, sells or transfers all or part of the Property or any rights in the Property. If Lender exercises the option to accelerate, Lender shall give Borrower notice of acceleration in accordance with paragraph 12 hereof. The notice shall provide a period of not less than 30 days from the date of the notice within which Borrower may pay the sums declared due. If Borrower fails to pay those sums prior to the expiration of such period, Lender may, without further notice or demand on Borrower, invoke any remedies permitted by paragraph 22 hereof. 22. Default; Termination and Acceleration; Remedies. Each of the following events shall constitute MR event of default ("event of default") under this Security Instrument: (I) Borrower commits fraud or makes a material misrepresentation in connection with this Security instrument or the Credit Agreement; (2) Borrower does not meet the repayment terms of the Credit Agreement; or (3) Borrower's action or inaction adversely affects the Lender's rights in the Property secured by this Security Instrument. Such action or inaction by Borrower would include, but would not be limited to, (a) Borrower's failure to maintain required insurance, (b) Borrower's transfer or sale of the Property without Lender's permission, (c) Borrower's failure to pay taxes on the Property, (d) Borrower permitting the filing of a lien senior to that of the Security Instrument, (e) the Borrower dies and is the sole obligor under the Credit Agreement, (f) the Property is foreclosed upon by a prior lien holder or (g) the Property is taken through eminent domain. If an event of default occurs, Lender, at Lender's option, without further notice or demand (except as may otherwise be provided by applicable law), may declare all sums secured by this Security Instrument to be immediately due and payable, and may invoke the power of sale and any other remedies permitted by applicable law. Lender shall be entitled to collect all reasonable costs and expenses incurred in pursuing the remedies provided in this paragraph, including, but not limited to, reasonable attorneys' fees and costs of title evidence. If Lender invokes the power of sale, Lender shall give written notice to Trustee of the occurrence of an event of default and of Lender's election to cause the Property to be sold. Trustee shall record a copy of such notice in the county in which the Property is located. Trustee shall publish a notice of sale for the time and in the manner provided by applicable law and shall mail copies of such notice of sale in the manner prescribed by applicable law to Borrower and to the other persons prescribed by applicable law. After the lapse of such time as may be required by applicable law, Trustee, without demand on Borrower, shall sell the Property at public auction to the highest bidder for cash at the time and place and under the terms designated in the notice of sale in one or more parcels and in such order as Trustee may determine. Trustee may postpone sale of all or any parcel of the Property by public announcement at the time and place of any previously scheduled sale. Lender or Lender's designee may purchase the Property at any sale. X I IN! I.AtiFR V F.1 °CITY Fl 137I 9 Ree 6.21113 page 3 of 4 0668175386198860 .COPYRIGHT 2003 Seennen financial [troop, Inc. All rights reserved 4035855 08/05/2014 08:56 AM Page 4 of 4 DEED OF TRUST (continued) - Trustee shall deliver to the purchaser Trustee's certificate describing the Property and the time when the purchaser will be entitled to Trustee's deed thereto. The recitals in Trustee's deed shall be prima facie evidence of the truth of the statements made therein. Trustee shall apply the proceeds of the sale in the following order: (a) to all reasonable costs and expenses of the sale, including, but not limited to, reasonable Trustee's and attorneys' fees and costs of title evidence; (b) to all sums secured by this Deed of Trust; and (c) the excess, If any, to the person or persons legally entitled thereto. 23. Borrower's Right to Reinstate. Whenever the default is nonpayment of sums due under this Security Instrument, and not withstanding Lender's acceleration of the sums secured by this Security Instrument, Borrower shall have the right to have any foreclosure proceedings commenced by Trustee at the request of Lender to enforce this Security instrument discontinued if (a) at least seven (1) days prior to date the foreclosure sale is to be held, or such other time period as may be provided by law, Borrower gives written notice to Trustee of Borrower's intention to cure the default and if, on or before the dale and time provided by law, Borrower pays to Trustee all delinquent principal and interest payments which are due as of the date of such payment exclusive of the portion of principal which would not have been due in the absence of acceleration, plus costs, expenses, late charges, attorney's fees, public trustee's fees and costs, and other fees incurred by Lender as of the date of payment in connection with such foreclosure proceedings; (b) Borrower cures all breaches or any other covenants or agreements of Borrower contained in the Security Instrument; and (c) Borrower lakes such action as Lender may reasonably require to assure that the lien of this Security Instrument, Lender's interest in the property and Borrower's obligations to pay the sums secured by this Security Instrument shall continue unimpaired. Upon such payment and cure by Borrower, this Security Instrument and the obligations secured hereby shall remain in full force and effect as if no acceleration had occurred. 24. Assignment of Rents; Appointment of Receiver; Lender in Possession. As additional security hereunder, Borrower hereby assigns to Lender the rents of the Property, provided that Borrower shall, prior to acceleration under paragraph 22 hereof or abandonment of the Property, have the right to collect and retain such rents as they become due and payable. Upon acceleration under paragraph 22 hereof or abandonment of the Property, Lender in person, by agent or by judicially appointed receiver shall be entitled to enter upon, take possession of and manage the Property and to collect the rents of the Property including those past due. All rents collected by Lender or the receiver shall be applied first to payment of the costs of management of the Properly and collection of the rents, including, but not limited to, receiver's lees, premiums on receiver's bonds and reasonable attorney's fees, and then to the sums secured by this Security Instrument. Lender and the receiver shall be liable to account only for those rents actually received. 25. Release. When Borrower has paid all sums secured by this Security Instrument (or earlier if required by applicable law), Lender shall request Trustee to release this Security Instrument and shall surrender the Agreement to Trustee. Trustee shall release this Security Instrument without further inquiry or liability. To the extent permitted by law, Lender may charge Borrower the statrttory Trustee's fees and require Borrower to pay costs of recordation, if any. REQUEST FOR NOTICE OF DEFAULTAND UNDER SUPERIOR MORTGAGES OR DEEDS Borrower and Lender request the holder of any mortgage, deed of trust or other encumbrance Instrument to give Notice to Lender, at Lender's address set forth on page one of this encumbrance and of any sale or other foreclosure action. SIGNATURE & ACKNOWLEDGMENT BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained by Borrower and recorded with it. )67-,„0 FORECLOSURE OF TRUST with a lien which has priority over this Security Security Instrument, of any default under the superior in this Security Instrument and in any rider(s) executed (Seal) ' 5 -4 ,,r7,._i Borrower 1 l (Seal) .:"-__?.-----%;:;/41---ZV Borrower (Seal) Borrower (Seal) Borrower Non -Borrower Owner(s)/Spousel BY SIGNING BELOW, Non -Borrower accepts and agrees to the terms and covenants contained in this Deed of Trust and in any rider(s) executed by Non -Borrower and recorded with it, which means you can lose your home if Borrower defaults. However, Non -Borrower is not personally obligated to repay the Debt contemplated in this Deed of Trust_ X X STATEOF COLORADO, WELD County ss: I t ` The foregoing instrument was acknowledged before me this ,__21 -1----..— of by STEPHEN M. LYDON AND CHRISTINE LYDON / Witness my hand and official sl. Lth21±jfTh e/ tJ/I Recorder) }}STATE Notary ublic r (Space Below This Line Reserved For Lender and r.....___ ws. s ALICIA NEVARE NOTARY PUBLIC OF COLORA 4rARv 0 4377 PRI1 MY COMMISSION EXPIRES APRIL s-ra-� 1 i 23. ?056 ' iI 8100 LASER VELOCITY Fl 7I9 Rev 6-2O13 page 4 of 4 0668175386198860 COPYRIGHT 2005 Sectarian Financial Group, Inc All rights rcer.M- 4173654 01/19/2016 09:57 AM Total Pages: 4 Rec Fee: $26-00 Carly Koppes - Clerk and Recorder, Weld County, CO WHEN RECORDED, MAIL TO Ent Federal Credit Union 7250 Campus Drive Colorado Springs, CO 80920-6517 (719) 574-1100 (800) 525-9623 NMLSR ID # 405466 Revolving Credit Deed of Trust LOAN ORIGINATOR NAME AND NMLSR ID #: ALICIA TUCKER 1026613 THIS DEED OF TRUST (hereinafter referred to as the "Security Instrument") CONTAINS A DUE -ON -SALE PROVISION AND SECURES INDEBTEDNESS UNDER A CREDIT AGREEMENT WHICH PROVIDES FOR A REVOLVING LINE OF CREDIT AND MAY CONTAIN A VARIABLE RATE OF INTEREST. THIS DEED OF TRUST ("Security Instrument") is made on 1/12/2016 The Grantor is STEPHEN M. LYDON AND CHRISTINE LYDON, TENANTS IN COMMON ("Borrower"). The Trustee is the Public Trustee of WELD County, State of Colorado ("Trustee"). The Beneficiary is Ent Federal Credit Union a corporation organized and existing under the laws of whose address is 7250 Campus Drive Colorado Springs, CO 80920 ("Lender"). IN CONSIDERATION of the indebtedness herein recited and the trust herein created; TO SECURE to Lender: (I) The repayment of all indebtedness due and to become due under the terms and conditions of the Home Equity Credit Line Agreement and Truth -in -Lending Disclosures made by Borrower and dated the same day as this Security Instrument, and all modifications, amendments, extensions and renewals thereof (herein "Credit Agreement"). Lender has agreed to make advances to Borrower under the terms of the Credit Agreement, which advances will be of a revolving nature and may be made, repaid and remade from time to time. Borrower and Lender contemplate a series of advances to be secured by this Security Instrument. The total outstanding principal balance owing at any one time under the Credit Agreement (not including finance charges thereon at a rate which may vary from lime to time, and any other charges and collection costs which may be owing from time to time under the Credit Agreement) shall not exceed Seventy Four Thousand Dollars And No Cents ( $74,000.00 ). That sum is referred to herein as the Maximum Principal Balance and referred to in the Credit Agreement as the Credit Limit. On the Final Payment ("maturity") Date of I/28/2041 the entire indebtedness under the Credit Agreement, if not paid earlier, is due and payable. (2) The payment of all other sums advanced in accordance herewith to protect the security of this Security Instrument, with finance charges thereon at a rate which may vary as described in the Credit Agreement. (3) The performance of Borrower's covenants and agreements under this Security Instrument and under the Credit Agreement. BORROWER irrevocably grants and conveys to Trustee, in trust, with power of sale, the following described property located in, the County of WELD State of Colorado: LOT 1, BLOCK 1, FIRST REPEAT OF INDIANi-IEAD SUBDIVISION, A SUBDIVISION OF THE COUNTY OF WELD, STATE OF COLORADO. the State of Colorado which has the address of 6501 ALGONQUIN DR Jl7ary "1' WN , Colorado, 80534 (herein "Property Address"); TOGETHER with all the improvements now or hereafter erected on the property, and all easements, rights, appurtenances and fixtures, ail or which shall be deemed to be and remain a part of the property covered by this Security Instrument; and all of the foregoing, together with said property (or the leasehold estate if this Security Instrument is on a leasehold) are hereinafter referred to as the "Property". Complete if applicable: This Property is part of a condominium project known as This Property includes Borrower's unit and all Borrower's rights in the common elements of the condominium project. This Property is in a Planned Unit Development known as I. Payment of Principal, Finance Charges and Other Charges. Borrower shall promptly pay when due all amounts borrowed under the Credit Agreement, all finance charges and applicable other charges and collection costs as provided in the Credit Agreement. 2- Funds for Taxes and Insurance. Subject to applicable law, Lender, at Lender's option, may require Borrower to pay to Lender on the day monthly payments of principal and finance charges are payable under the Credit Agreement, until all sums secured by this Security Instrument are paid in full, a sum (herein "Funds") equal to one -twelfth of the yearly taxes and assessments (including condominium and planned unit development assessments, if any) which may attain priority over this Security Instrument, and ground rents on the Property, if any, plus one - twelfth of yearly premium installments for hazard insurance, all as reasonably estimated initially and from time to time by Lender on the basis of assessments and bills and reasonable estimates thereof. Borrower shall not be obligated to make such payments of Funds to Lender to the extent that Borrower makes such payments to the holder of a prior mortgage or deed of trust if such holder is an institutional Lender. HAT LASER VELOCITY Fl 13716 Rev 6-2013 page I of 4 0868175306312479 COPYRIGHT 2005 Securien Finenc,al (Soup, Inc. All nghrs rpneryet. 4173654 01/19/2016 09:57 AM Page 2 of 4 DEED OF TRUST (continued) If Borrower pays Funds to Lender, the Funds shall be held in an institution the deposits or accounts of which are insured or guaranteed by a Federal or state agency (including Lender if Lender is such an institution). Lender may require a "cushion" to be maintained in the account equal to one -sixth of the estimated total amount of taxes, insurance, premiums and other charges that are to be paid annually, or such other amount as required or allowed by law. Lender shall apply the Funds to pay said taxes, assessments, insurance premiums and ground rents. Lender may not charge for so holding and applying the Funds, analyzing said account or verifying and compiling said assessments and bills, unless Lender pays Borrower interest on the Funds and applicable law permits Lender to make such a charge. Borrower and Lender may agree in writing at the time of execution of this Security Instrument that interest on the Funds shall be paid to Borrower, and unless such agreement is made or applicable law requires such interest to be paid, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds showing credits and debits to the Funds and the purpose for which each debit to the Funds was made. The Funds are pledged as additional security for the sums secured by this Security Instrument. If the amount of the Funds held by Lender, together with the future monthly installments of Funds payable prior to the due dates of taxes, assessments, insurance premiums and ground rents, shall exceed the amount required to be paid and maintained for said taxes, assessments, insurance premiums and ground rents as they fall due, such excess shall be, at Borrower's option, either promptly repaid to Borrower or credited to Borrower on monthly installments of Funds. If the amount of the Funds held by Lender shall not be sufficient to pay taxes, assessments, insurance premiums and ground rents as they fall due, Borrower shall pay to Lender any amount necessary to make up the deficiency in one or more payments as Lender may require. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. if under paragraph 22 hereof the Property is sold or the Property is otherwise acquired by Lender, Lender shall apply, no later than immediately prior to the sale of the Property or its acquisition by Lender, any Funds held by Lender at the time of application as a credit against the sums secured by this Security Instrument. 3. Application of Payments. Unless applicable law provides otherwise, all payments received by Lender under the Credit Agreement and paragraphs I and 2 hereof shall be applied by Lender first in payment of amounts payable to Lender by Borrower under paragraph 2 hereof, second, (in the order Lender chooses) to any finance charges, other charges and collection costs owing, and third, to the principal balance under the Credit Agreement. 4, Prior Mortgages and Deeds of Trust; Charges; Liens. Borrower shall perform all of Borrower's obligations under any mortgage, deed of trust or other security agreement with a hen which has priority over this Security Instrument, including Borrower's covenants to make payments when due. Except to the extent that any such charges or impositions are to be paid to Lender under paragraph 2, Borrower shall pay or cause to be paid all taxes, assessments and other charges, fines and impositions attributable to the Property which may attain a priority over this Security Instrument, and leasehold payments or ground rents, if any. Within five days after any demand by Lender, Borrower shall exhibit to Lender receipts showing that all amounts due under this paragraph have been paid when due. 5. Hazard Insurance, Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage," floods, and such other hazards as Lender may require and in such amounts and for such periods as Lender may require. Unless Lender in writing requires otherwise, the policy shall provide insurance on a replacement cost basis in an amount not less than that necessary to comply with any coinsurance percentage stipulated in the hazard insurance policy, and the amount of coverage shall be no less than the Maximum Principal Balance plus the full amount of any lien which has priority over this Security Instrument_ The insurance carrier providing the insurance shall be chosen by Borrower subject to approval by Lender; provided, that such approval shall not be unreasonably withheld. All insurance policies and renewals thereof shall be in a form acceptable to Lender and shall include a standard mortgage clause in favor of and in a form acceptable to Lender. Lender shall have the right to hold the policies and renewals thereof, subject to the terms of any mortgage, deed of trust or other security agreement with a lien which has priority over this Security Instrument. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. All insurance proceeds are hereby assigned to Lender and shall be paid to Lender to the extent of all sums secured by this Security Instrument, subject to the terms of any mortgage, deed of trust or security agreement with a lien which has priority over this Security Instrument. Unless Lender and Borrower otherwise agree in writing, insurance proceeds shall be applied to restore or repair the Property, if it is economically feasible to do so. if the Property is abandoned by Borrower, or if Borrower fails to respond to Lender within 30 days from the date notice is mailed by Lender to Borrower that the insurance carrier offers to settle a claim for insurance benefits. Lender is authorized to collect and apply the insurance proceeds at Lender's option either to restoration or repair of the Property or to the sums secured by this Security Instrument. 6. Preservation and Maintenance of Property; Leaseholds; Condominiums; Planned Unit Developments. Borrower shall keep the Property in good repair and shall not commit waste or permit impairment or deterioration of the Property and shall comply with the provisions of any lease if this Security Instrument is on a leasehold. If this Security instrument is on a unit in a condominium or a planned unit development, Borrower shall perform all of Borrower's obligations under the declaration or covenants creating or governing the condominium or planned unit development, the by-laws and regulations of the condominium or planned unit development, and the constituent documents. 7, Protection of Lender's Security. if Borrower fails to perform the covenants and agreements contained in this Security Instrument, or if any action or proceeding is commenced which materially affects Lender's interest in the Property, then Lender, at Lender's option, upon notice to Borrower, may make such appearances, disburse such sums, including reasonable attorneys' fees, and take such action as is necessary to protect Lender's interest. Any amounts disbursed by Lender pursuant to this paragraph 7, with finance charges thereon, at the rate provided in the Credit Agreement, shall become additional indebtedness of Borrower secured by this Security Instrument. Unless Borrower and Lender agree to other terms of payment, such amounts shall be payable upon notice from Lender to Borrower requesting payment thereof. Nothing contained in this paragraph 7 shall require Lender to incur any expense or take any action hereunder. Any action taken by Lender under this paragraph shall not cure any breach Borrower may have committed of any covenant ur agreement tinder this Security instrument. Borrower agrees that Lender is subrogated to all of the rights and remedies of any prior iienor, to the extent of any payment by Lender to such lienor. 8. inspection. Lender may make or cause to be made reasonable entries upon and inspections of the Property, provided that Lender shall give Borrower notice prior to any such inspection specifying reasonable cause therefor related to Lender's interest in the Property. 9. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of the Property, or part thereof, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender, to the extent of any indebtedness under the Credit Agreement, subject to the terms of any mortgage, deed of trust or other security agreement with a lien which has priority over this Security Instrument, 10. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time fur payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall not operate to release, in any manner, the liability of the original Borrower and Borrower's successors in interest. Lender shall not be required to commence proceedings against such successor or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security instrument by reason of any demand made by the original Borrower and Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy hereunder, or otherwise afforded by applicable law, shall not be a waiver of or preclude the exercise of any such right or remedy. II 1040 LASER VELOCITY F113716 Rev 6-2013 page 2 of 4 0868175386312479 C UPYRIUnT 2005 Securi ,n rmancial Grout,, hw. All rights reserved. 4173654 01/19/2016 09:57 AM Page 3 of 4 DEED OF TRUST (continued) 1 I. Successors and Assigns Bound; Joint and Several Liability; Co-signers. The covenants and agreements herein contained shall bind, and the rights hereunder shall inure to, the respective successors and assigns of Lender and Borrower. subject to the provisions of paragraph 21 hereof. All covenants and agreements of Borrower shall be joint and several. Any Borrower who co-signs this Security Instrument, but does not execute the Credit Agreement, (a) is co-signing this Security instrument only to grant and convey that Borrower's interest in the Property to Trustee under the terms of this Security instrument, (b) is not personally liable under the Credit Agreement or under this Security Instrument, and (c) agrees that Lender and ally other Borrower hereunder may agree to extend, modify, forbear, or make any other accommodations or amendments with regard to the terms of this Security Instrument or the Credit Agreement, without that Borrower's consent and without releasing that Borrower or modifying this Security Instrument as to that Borrower's interest in the Property. 12. Notice. Except for any notice required under applicable law to be given in another manner, (a) any notice to Borrower provided for in this Security instrument shall be given by delivering it or by mailing such notice addressed to Borrower at Borrower's last known address as reflected in Lender's records, and (b) any notice to Lender shall be given by mail to Lender's address stated herein or to such other address as Lender may designate by notice to Borrower as provided herein. Any notice provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when given in the manner designated herein. 13. Governing Law; Severability. The state and local laws applicable to this Security Instrument shall be the laws of the jurisdiction in which the Property is located. The foregoing sentence shall not limit the applicability of Federal law to this Security Instrument. In the event that any provision or clause of this Security instrument or the Credit Agreement conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument or the Credit Agreement which can be given effect without the conflicting provision, and to this end the provisions of this Security Instrument and the Credit Agreement are declared to be severable, As used herein, "costs," "expenses" and "attorneys' fees" include all sums to the extent not prohibited by applicable law or limited herein. 14. Prior Mortgage or Deed of Trust; Modification; Future Advance. Borrower shall not enter into any agreement with the holder of any mortgage, deed of trust or other security agreement which has priority over this Security Instrument by which that security agreement is modified, amended, extended, or renewed, without the prior written consent of the Lender. Borrower shall neither request nor accept any future advance under a prior mortgage, deed of trust, or other security agreement without the prior written consent of Lender. 15, Borrower's Copy. Borrower shall be furnished a copy of the Credit Agreement and a conformed copy of this Security Instrument at the time of execution or after recordation hereof. 16. Rehabilitation Loan Agreement. Borrower shall fulfill all of Borrower's obligations under any home rehabilitation, improvement, repair, or other loan agreement which Borrower may enter into with Lender. Lender, at Lender's option, may require Borrower to execute and deliver to Lender, in a form acceptable to Lender, an assignment of any rights, claims or defenses which Borrower may have against parties who supply labor, materials or services in connection with improvements made to the Property. 17. Waiver of Homestead Exemption. To the extent permitted by law, Borrower hereby waives the benefit of the homestead exemption as to all sums secured by this Security Instrument. 18. Waiver of Statutes of Limitation. To the extent permitted by law, Borrower hereby waives statutes of limitation as a defense.to any demand or obligation secured by this Security Instrument. 19. Merger. There shall be no merger of the interest or estate created by this Security Instrument with any other interest or estate in the Property at any time held by or for the benefit of Lender in any capacity, without the written 'consent of Lender_ 20. Notice of Transfer of the Property; Advances after Transfer. Borrower shall give notice to Lender, as provided in paragraph 12 hereof, prior to any sale or transfer of all or part of the Property or any rights in the Property. Any person to whom all or part of the Property or any right in the Property is sold or transferred also shall be obligated to give notice to Lender, as provided in paragraph 12 hereof, promptly after such transfer. Even if Borrower transfers the Property, Borrower will continue to be obligated under the Credit Agreement and this Security Instrument unless Lender releases Borrower in writing. As a condition to Lender's consent to any proposed transfer or as a condition to the release of Borrower, Lender may require that the person to whom the Property is transferred sign an assumption agreement satisfactory to Lender and Lender may impose an assumption fee. The assumption agreement will not entitle the person signing it to receive advances under the Credit Agreement. 21. Transfer of the Property. Subject to applicable law, Lender shall have the right to accelerate, that is, to demand immediate payment in full of all sums secured by this Mortgage or Deed of Trust, if Borrower, without the written consent of Lender, sells or transfers all or part of the Property or any rights in the Property. If Lender exercises the option to accelerate, Lender shall give Borrower notice of acceleration in accordance with paragraph 12 hereof. The notice shall provide a period of not less than 30 days from the date of the notice within which Borrower may pay the sums declared due. If Borrower fails to pay those sums prior to the expiration of such period, Lender may, without further notice or demand on Borrower, invoke any remedies permitted by paragraph 22 hereof. 22. Default; Termination and Acceleration; Remedies. Each of the following events shall constitute an event of default ("event of default") under this Security Instrument: (I) Borrower commits fraud or makes a material misrepresentation in connection with this Security Instrument or the Credit Agreement; (2) Borrower does not meet the repayment terms of the Credit Agreement; or (3) Borrower's action or inaction adversely affects the Lender's rights in the Property secured by this Security Instrument. Such action or inaction by Borrower would include, but would not be limited to, (a) Borrower's failure to maintain required insurance, (b) Borrower's transfer or sale of the Property without Lender's permission, (c) Borrower's failure to pay taxes on the Property, (d) Borrower permitting the tiling of a lien senior to that of the Security instrument, (e) the Borrower dies and is the sole obligor under the Credit Agreement, (f) the Property is foreclosed upon by a prior lien holder or (g) the Property is taken through eminent domain. If an event of default occurs, Lender, at Lender's option, without further notice or demand (except as may otherwise be provided by applicable law), may declare all sums secured by this Security Instrument to be immediately due and payable, and may invoke the power of sale and any other remedies permitted by applicable law. Lender shall be entitled to collect all reasonable costs and expenses incurred in pursuing the remedies provided in this paragraph, including, but not limited to, reasonable attorneys' fees and costs of title evidence. If Lender invokes the power of sale, Lender shall give written notice to Trustee of the occurrence of an event of default and of Lender's election to cause the Property to be sold. Trustee shall record a copy of such notice in the county in which the Property is located. Trustee shall publish a notice of sale for the time and in the manner provided by applicable law and shall mail copies of such notice of sale in the manner prescribed by applicable law to Borrower and to the other persons prescribed by applicable law. After the lapse of such time as may be required by applicable law, Trustee, without demand on Borrower, shall sell the Property at public auction to the highest bidder for cash at the time and place and under the terms designated in the notice of sale in one or more parcels and in such order as Trustee may determine. Trustee may postpone sale of all or any parcel of the Property by public announcement at the time and place of any previously scheduled sale. Lender or Lender's designee may purchase the Property at any sale. %I 00 LASER VELOCITY Fl U 716 Rev 6 )011 page 3 c,r4 068175386312479 COPYRIGHT 2005 Seepripe Fenunciat (iroup, Inc. All 'Was reserved 4173654 01/19/2016 09:57 AM Page 4 of 4 DEED OF TRUST (continued) Trustee shall deliver to the purchaser Trustee's certificate describing the Property and the time when the purchaser will be entitled to Trustee's deed thereto. The recitals in Trustee's deed shall be prima fade evidence of the truth of the statements made therein. Trustee shall apply the proceeds of the sale in the following order: (a) to all reasonable costs and expenses of the sale, including, but not limited to, reasonable Trustee's and attorneys' fees and costs of title evidence; (b) to all sums secured by this Deed of Trust; and (c) the excess, if any, to the person or persons legally entitled thereto. 23. Borrower's Right to Reinstate. Whenever the default is nonpayment of sums due under this Security Instrument, and not withstanding Lender's acceleration of the sums secured by this Security Instrument, Borrower shall have the right to have any foreclosure proceedings commenced by Trustee at the request of Lender to enforce this Security Instrument discontinued if (a) at least seven (7) days prior to date the foreclosure sale is to be held, or such other time period as may be provided by law, Borrower gives written notice to Trustee of Borrower's intention to cure the default and if, on or before the date and time provided by law, Borrower pays to Trustee all delinquent principal and interest payments which are due as of the date of such payment exclusive of the portion of principal which would not have been due in the absence of acceleration, plus costs, expenses, late charges, attorney's fees, public trustee's fees and costs, and other fees incurred by Lender as of the date of payment in connection with such foreclosure proceedings: (b) Borrower cures all breaches or any other covenants or agreements of Borrower contained in the Security Instrument; and (c) Borrower takes such action as Lender may reasonably require to assure that the lien of this Security Instrument, Lender's interest in the property and Borrower's obligations to pay the sums secured by this Security Instrument shall continue unimpaired_ Upon such payment and cure by Borrower, this Security Instrument and the obligations secured hereby shall remain in full force and effect as if no acceleration had occurred. 24. Assignment of Rents; Appointment of Receiver; Lender in Possession. As additional security hereunder, Borrower hereby assigns to Lender the rents of the Property, provided that Borrower shall, prior to acceleration under paragraph 22 hereof or abandonment of the Property, have the right to collect and retain such rents as they become due and payable. Upon acceleration under paragraph 22 hereof or abandonment of the Property, Lender in person, by agent or by judicially appointed receiver shall be entitled to enter upon, take possession of and manage the Property and to collect the rents of the Property including those past due. All rents collected by Lender or the receiver shall be applied first to payment of the costs of management of the Property and collection of the rents, including, but not limited to, receiver's fees, premiums on receiver's bonds and reasonable attorney's fees, and then to the sums secured by this Security Instrument. Lender and the receiver shall be liable to account only for those rents actually received. 25. Release. This Security Instrument secures a revolving line of credit and advances may be made, repaid, and remade from time to time, under the terms of the Credit Agreement. When, according to the terms of the Credit Agreement, no more advances will be made, and Borrower has paid all sums secured by this Security Instrument (or earlier if required by applicable law), Lender shall request Trustee to release this Security Instrument and shall surrender the Credit Agreement to Trustee. Trustee shall release this Security Instrument without further inquiry or liability, To the extent permitted by law, Lender may charge Borrower the statutory Trustee's fees and require Borrower to pay costs of recordation, if any, REQUEST FOR NOTICE OF DEFAULTAND FORECLOSURE UNDER SUPERIOR MORTGAGES OR DEEDS OF TRUST Borrower and Lender request the holder of any mortgage, deed of trust or other encumbrance with a lien which has priority over this Security Instrument to give Notice to Lender, at Lender's address set forth on page one of this Security Instrument, of any default under the superior encumbrance and of any sale or other foreclosure action. SIGNATURE & ACKNOWLEDGMENT BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any rider(s) executed by( Borrower and recorded with it. `j1("] /! �` (Seal) Borrower � i I ��- _. (Seal) Borrower (Seal) Borrower (Seal) Borrower Non -Borrower Owner(s)/Spouse: BY SIGNING BELOW, Non -Borrower accepts and agrees to the terms and covenants contained in this Deed of Trust and in any rider(s) executed by Non -Borrower and recorded with it, which means you can lose your home if Borrower defaults. However. Non -Borrower is not personally obligated to repay the Debt contemplated in this Deed of Trust. X x STATE OF COLORADO, WELD County is: R The foregoing instrument was acknowledged before me this 12th day of J_ ' RY 20 —_._— by STEPHEN M. LYDON AND CHRISTINE LYDON, TENANTS IN COMON Witness my hand and official seal. My Commission expires: 0[/03/ J �_.~� Nota Public (Space Below This Line Reserved For Lender and ' e AL.ICI • TUCKER NOTARY PUBLIC STATE OF COLORADO NOTARY 4p 2048401437% MY COAAMiTsAs EXPIRES APRIL 23.241fi RIM LASER VELOCITY Fll?716 Rt, 5-261} page 4 of 4 0868175386312479 COPYRIGHT 2005 Securiaa Financial Grcup. Inc. All rithrs reserved Application Review Notification Card This is to notify you that the project listed on the other side of this card is within five -hundred (500) feet of your property. You will be notified of any future meetings regarding the proposed project on this property. If you would like more information regarding this proposal and the conditions that must be met, the file is public information and is available for review at our office. You may also view the file online at https://accela-aca.co.weld.co.uslcitizenaccessl by inserting the case number. Comments or objections related to the request should be submitted in writing to the Weld County Department of Planning Services, 1555 N 17th Ave, Greeley, CO 80631 Case #: RES19-0003 19-0003 Name: Stephen & Christine Lydon Proposed Project: Resubdivision of Lot 1 Block 1 of 1st Replat of Indianhead Subdivision into three (3) lots Location: Northwest of and adjacent to Algonquin Drive; south of and adjacent to US Hwy 34. Planner: Angela Snyder Comments due by: April 12, 2019 re ewe re M. • I I I A f I C) c "1:h. . -.,��, .+14„1/1 •4 1Jj "-�r 1 „Veer :Y / 1 flf\ 1 •• `. L • 4 ' i Weld County Planning Services 1555 N 17th Ave Greeley CO 80631 (970)353-6100 ext. 3540 SURROUNDING PROPERTY OWNERS RES19-0003 NAME ZEILER FARMS ALAN & SHAY BLACK BRANCH FLOWER FAMILY TRUST RANDY & LYNN ORR T J & VIOLA MICHAELIS JOHN & ROBIN RODGERS ROBERT BLACKSTOCK KSTOC K MELVIN & LINDA BICKLING WAYNE ACHZIGER MICHAEL & HELEN METH SHARON COLLINS MICHAEL & CELESTE STREGE CURTIS & DIANE ALEXANDER INDIANHEAD HOMESOWNERS ASSN INC KENNETH & CARLA JACOBSEN CARL BOSACK ADAM & BETTY WINIK RODNEY & BECKY MARTINEZ TRINA BOGART TRUST CRAIG & VICKI WILSON ANADARKO E&P ONSHORE LLC ADDRESS 1 ADDRESS 2 5 901 SACAJEAWEA EA WAY 6595 LAKOTA CT 6629 LAKOTA CT 6663 LAKOTA CT 6577 ALGONQUIN DR 6613 ALGONQUIN DR 6701 ALGONQUIN DR 6690 LAKOTA CT 6650 LAKOTA CT 6600 LAKOTA CT 27811 HOPI TRAIL 27823 HOPI TRAIL 5517 W 2ND ST C/O PATRICIA WORRELL 6873 COMMANCHE CT 6644 ALGONQUIN DR 6610 ALGONQUIN DR 27850 HOPI TRAIL 27840 HOPI TRAIL RONDA JOHNSON TRUST 6645 APACHE RD 27790 HOPI TRAIL ATTN: TRAVIS HOLLAND-APC PR PO BOX 173779 CITY, STATE LOVELAND CO LOVELAND CO LOVELAND CO LOVELAND CO LOVELAND CO LOVELAND CO LOVELAND CO LOVELAND CO LOVELAND CO LOVELAND CO LOVELAND CO LOVELAND CO GREELEY CO LOVELAND CO LOVELAND CO LOVELAND CO LOVELAND CO LOVELAND CO LOVELAND CO LOVELAND CO DENVER CO ZIP 80537 80534 80534 80534 80534 80534 80534 80534 80534 80534 80537 80534 80634 80534 80534 80534 80534 80534 80534 80534 80217 CERTIFICATE OF MAILING I hereby certify that I have placed a true and correct copy of the surrounding property owners in accordance with the notification requirements of Weld County in Case Number RES19-0003 in the United States Mail, postage prepaid First Class Mail by letter as addressed on the attached list this 15th day of March, 2019. Dated the 15th day of March, 2019 delybithint>Ranothn, Kristine Ranslem Recording Secretary for Planning Commission WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 3/15/2019 2:49:31 PM THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of the property being considered. This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not been modified from the original. The list compiled for the records of the Weld County Assessor was assembled within thirty days of the applications submission date. Signature Date Property Owners Within 500 Feet of Parcel # 095718108001 Account Parcel Owner Mailing Address R6787445 095707300002 ZEILER FARMS 5901 SACAJAWEA WAY LOVELAND, CO 805379339 R1615286 095718101002 BLACK SHAY ANN R1615286 095718101002 BLACK ALAN LEE 6595 LAKOTA CT LOVELAND, CO 805348252 R1615386 095718101003 BRANCHFLOWER FAMILIY TRUST C/O MR & MRS ROBERT A BRANCHFLOWER 6629 LAKOTA CT LOVELAND, CO 805348252 R1615486 095718101004 ORR LYNN E R1615486 095718101004 ORR RANDY L 6663 LAKOTA CT LOVELAND, CO 805348252 R1616886 095718102001 MICHAELIS VIOLA G R1616886 095718102001 MICHAELIS T J 6577 ALGONQUIN DR LOVELAND, CO 805348200 R1616986 095718102002 RODGERS ROBIN Parcels: 22 Owner Records: 41 Page 1 of 6 WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 3/15/2019 2:49:31 PM THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of the property being considered. This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not been modified from the original. The list compiled for the records of the Weld County Assessor was assembled within thirty days of the applications submission date. Signature Date Property Owners Within 500 Feet of Parcel # 095718108001 Account Parcel Owner Mailing Address R1616986 095718102002 RODGERS JOHN M 6613 ALGONQUIN DR LOVELAND, CO 805348200 R1617086 095718102003 BLACKSTOCK ROBERT 6701 ALGONQUIN DR LOVELAND, CO 805348200 R1617486 095718102007 BICKLING LINDA SUE R1617486 095718102007 BICKLING MELVIN T 6690 LAKOTA CT LOVELAND, CO 805348251 R1617586 095718102008 ACHZIGER CHRISTINE H R1617586 095718102008 ACHZIGER WAYNE 6650 LAKOTA CT LOVELAND, CO 805348251 R1617686 095718102009 METH HELEN L R1617686 095718102009 METH MICHAEL L 6600 LAKOTA CT LOVELAND, CO 805348251 R2137303 095718103028 COLLINS SHARON L 27811 HOPI TRL LOVELAND, CO 805378292 Parcels: 22 Owner Records: 41 Page 2 of 6 WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 3/15/2019 2:49:31 PM THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of the property being considered. This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not been modified from the original. The list compiled for the records of the Weld County Assessor was assembled within thirty days of the applications submission date. Signature Date Property Owners Within 500 Feet of Parcel # 095718108001 Account Parcel Owner Mailing Address R2138003 095718103029 STREGE CELESTE HELENE R2138003 095718103029 STREGE MICHAEL JAMES 27823 HOPI TRL LOVELAND, CO 805348292 R2138103 095718103033 ALEXANDER DIANE L R2138103 095718103033 ALEXANDER CURTIS C 5517 W 2ND ST GREELEY, CO 806344236 R1621986 095718106001 INDIANHEAD HOMEOWNERS ASSN INC C/O PATRICIA WORRELL 6873 COMMANCHE CT LOVELAND, CO 805348283 R1623286 095718106024 JACOBSEN CARLA J R1623286 095718106024 JACOBSEN KENNETH A 6644 ALGONQUIN DR LOVELAND, CO 805348285 R1623386 095718106025 BOSACK LYNN E R1623386 095718106025 BOSACK MARK D Parcels: 22 Owner Records: 41 Page 3 of 6 WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 3/15/2019 2:49:31 PM THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of the property being considered. This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not been modified from the original. The list compiled for the records of the Weld County Assessor was assembled within thirty days of the applications submission date. Signature Date Property Owners Within 500 Feet of Parcel # 095718108001 Account Parcel Owner Mailing Address R1623386 095718106025 HOLSTEDT DEBORAH BOSACK R1623386 095718106025 WHITLER LISA M R1623386 095718106025 BOSACK CARL B (BN) 6610 ALGONQUIN DR LOVELAND, CO 805348285 R2138203 095718106026 WINIK BETTY JOAN R2138203 095718106026 WINICK ADAM J 27850 HOPI TRL LOVELAND, CO 805348278 R2138303 095718106027 MARTINEZ BECKY L R2138303 095718106027 MARTINEZ RODNEY K 27840 HOPI TRL LOVELAND, CO 805348278 R2138403 095718106028 JOHNSON RONDA F TRUST R2138403 095718106028 BOGART TRINA LEE TRUST 6645 APACHE RD LOVELAND, CO 805348290 Parcels: 22 Owner Records: 41 Page 4 of 6 WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 3/15/2019 2:49:31 PM THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of the property being considered. This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not been modified from the original. The list compiled for the records of the Weld County Assessor was assembled within thirty days of the applications submission date. Signature Date Property Owners Within 500 Feet of Parcel # 095718108001 Account Parcel Owner Mailing Address R2139103 095718107001 WILSON VICKI L R2139103 095718107001 WILSON D CRAIG 27790 HOPI TRL LOVELAND, CO 805348277 R6851697 095718108001 LYDON CHRISTINE R6851697 095718108001 LYDON STEPHEN M 6501 ALGONQUIN DR LOVELAND, CO 805348288 R8946000 095718200056 ANADARKO E&P ONSHORE LLC ATTN: TRAVIS HOLLAND-APC PROPERTY PO BOX 173779 DENVER, CO 802173779 Parcels: 22 Owner Records: 41 Page 5 of 6 WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 3/15/2019 2:49:31 PM THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of the property being considered. This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not been modified from the original. The list compiled for the records of the Weld County Assessor was assembled within thirty days of the applications submission date. Signature Date Property Owners Within 500 Feet of Parcel # 095718108001 Parcels: 22 Owner Records: 41 Page 6 of 6 AFFIDAVIT OF INTEREST OWNERS SURFACE ESTATE Property Legal Description(s): ;-:._ - 1 i=. c,`_a L Parcel Number(s): C ; fit - 1 ', - 2r - 'a - C > e) e & & (12 -digit number - found on 'fax ID. information, obtainable at the Weld County Assessor's Office, or (include all lots being included in the application area. If additional space is required, attach an additional sheet) THE UNDERSIGNED, being first duly sworn, states that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of property (the surface estate) within five hundred feet of the property being considered. This list was compiled from the records of the Weld County Assessor, or a person qualified to do the task, and shall be current as of a date no more than thirty days prior to the date the application is submitted to the Department of Planning Services. nature: Owner or ---7 111 �� i ; ent Date `•SignatuJie: Owner r Au orized Agent ate /4/1/;6' r, 3+ pr t.›..) i'A . t 2.14-t t t e, Printed Name: Owner or Authorized Agent Date Printed Name: Owner or Authorized Agent Date t2. [ t �tY� Black Alan Lee & Black Shay Ann P9`,r ��1EV94.Ed�ki Ili 'L`'t€`V '.Eta!_.' i tFr ,jc Branchflower Family Trust I I J• 011 i vi DDS l'il ii ;',i") i rLi Vf .5N A J_ .17°.x. Meth Michael L & Meth Helen L 'k.�i!2�":'.1'/Ft'N:.:'"d: il'•fi.'i/ lJl'1€::."\s�_� .:.�.��:; ii r. \N Michaelis TJ & Michaelis Viola G ,�a,,,,�:V 5m..;... 1,� ��' ! !z 1.7 i. 11'•„� icJ ll`3 f jr. �.!'f •' i. .,.Erl+<<t�1P�z4 �r,�R1= jldi �;r'.:.i, ! llr, � . _. f�•,:. i._,. Winik Betty Joan & Winick Adam J :1f--E�.�� 117.•''ki. Yi f�,�C:�-.?'k,i ..! iii'` Strege Celest Helene & Strege Michael James !_;N! S 6T ., Alexander Diane L & Alexander Curtis C SU RROU NDI NG PROPERTY RES19-0003 STEPHEN AND OWNERS CHRISTINE LYDON NAME I ADDRESS 1 r CITY STATE POSTA CODE 5901 SACAJA'W EA WAY CO 80537-9339 ZEILER FARMS LOVELAND ALAN AND SHAY BLACK 6595 LAKOTA CT LOVEI AND CO 84534-8252 LOVELAND CO _ 80534-8252 BRAN CHFLOW E R FAMILY TRUST f CITO MR AND MRS ROBERT BRANCH FLOWER 6629 IAKOTA CT RANDY AND LYNN ORR 16663 LAKOTA CT LOVELAND CO 805311-82352 ALGONQUIN DR 80534- 8200 Ti AND VIOLA MICHAEUS 16577 LOVELAND CO JOHN AND ROBIN RODGERS 16613 ALGONGUIN DR LOVELAND CO 80534-8200 80534-8200 ROBERT BLACKSTOCK 6701 ALGONGUI N D R i LOVELAND CO LOVELAN D CO 805.34-8251 MELVIN AND LINDA B ICKLtN O 16690 LAKOTA CT ' AYNE AND CHRISTINE ACHZIGER LOVELAND CO 80534-8Z51 5650 LAKOTA CT MICHAEL AND HELEN METH 6600 LAKOTA CT LOVELAND CO 80534-8251 SHARON COLLINS 27811 HOPI TRL LOVELAN D CO SO5 7 6292 ICI ICHAEL AN D CELESTE STREGE LOVELAN D CO 80534-8292 27823 HOPI TRL CU RTIS AND DIANE ALEXANDER 5517 W 2ND ST 'R EELEY CO 80634-4236 C/O PATRICIA WORRELL 6873 COMMANCH E CT LOVELAN D CO 80534s 8283 IN DIAN HEAD HOMEOWNERS ASSN IN C KENNETH AND CARLA JACOBSEN 6644 ALGONQUIN DR LOVELAN D CO 805344285 CARL BO -SACK, USA WH ITLER, DEBORAH BOSACK HOLSTEDT. MARK BOSACK. LYNN BOSACK CO 80534-8285 6610 ALGONQUIN DR LOVELAN D ADAM AND BETTY WI NICK LOVELAN D CO D05344278 27850 HOPI TRL RODN EY AN D BECK'S MARTINEZ 27840 HOPI TRL LOVELAN D CO 80534-8278 6645 APACHE RD LOVELAND CO 80534-8290 TRI NIA LEE BOGART TRUST AND RONDA F JOHNSON TRUST CRAIG AND VICKI WfLSON 27790 HOPI TRL LOVELAND CO 8053:4-8277 STEPHEN AND CHRISTINE LYDON 6501 ALGONQUIN DR LOVELAND CO 80534-8268 ANADARKO E&P ONSHORE LLC ATTN TRAVIS HOLLAND-APC APC PROPERTY PO BOX 173779 DENVER CO 80217-3779 CERTIFICATE OF MAILING I hereby certify that I have placed a true and correct copy of the surron dine property owners in accordance with the notification requirements of Weld County in Case Number RES 19-0003 in the United States Mail, postage prepaid First Class Mail by letter as addressed on the attached list this 3rd day of Maya 2019, Dated th } rd +d . f v yr 20 Stem Deputy anie Frederick Clerk to the Board WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 4/30/2019 2:36:57 PM THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of the property being considered. This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, http://wvvw.co.weld.co.us, and has not been modified from the original. The list compiled for the records of the Weld County Assessor was assembled within thirty days of the applications submission date. Property Owners Within 500 Feet of Parcel # 095718108001 Date Signature Account Parcel Mailing Address Owner R6787445 095707300002 5901 SACAJAVVEA WAY LOVELAND, CO 805379339 ZEILER FARMS R1615286 095718101002 BLACK SHAY ANN R1615286 095718101002 ' BLACK ALAN LEE 6595 LAKOTA CT LOVELAND, CO 805348252 !R1615386 095718101003 BRANCI-IFLO ER FAI IILIY TRUST 0/0 6629 LOVELAND, MR & MRS ROBERT A BRANCHFLOWI LAKOTA CT CO 805348252 8/615486 095718101004 ORR LYNN E R1615486 095718101004 ORR RANDY D L 6663 LAKOTA CT LOVELAND, CO 805348252 R1616886 095718102001 MICHAELIS VIOLA R1616886 095718102001 MICHAELIS T J 6577 LOVELAND, ALGONQUIN DR CO 805348200 R1616986 095718102002 RODGERS ER ROBIN i Parcels: 22 Owner Records: 41 Page 1 of 6 WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 4/30/2019 2:36:57 PM THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of the property being considered. This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, http://wvvw.co.weld.co.us, and has not been modified from the original. The list compiled for the records of the Weld County Assessor was assembled within thirty days of the applications submission date, Property Owners Within 500 Feet of Parcel # 095718108001 Signature Date Account Parcel Owner Mailing Address 095718102002 _ RODGERS JOHN M 6613 ALGONQUIN UIN DR LOVELAND, CO 805348200 R1616986 R1617086 BLACKSTOCK K ROBERT 095718102003 6701 ALGONQUIN LOVELAND, DR CO 805348200 1R1617486 095718102007 BICKLING LINDA SUE R1617486 095718102007 BI KLING MELVIN T 6690 LAKOTA LOVELAND, CT CO 805348251 R1617586 095718102008 ACHZIGER CHRISTINE H R1617586 095718102008 ACHZIGER ''`AYNE 6650 LOVELAND, LAKOTA CT CO 805348251 R1617686 095718102009 METH HELEN L R1617686 095718102009 METH MICHAEL L 6600 LAKOTA CT LOVELAND, CO 805348251 R2137303 095718103028 COLLINS SHARON L 27811 HOPI TRL LOVELAND, CO 805378292 Parcels: 22 Owner Records: 41 Page 2 of 6 WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 4/30/2019 2:36:57 PM THE UNDERSIGNED, states that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of the property being considered. This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not been modified from the original. The list compiled for the records of the Weld County Assessor was assembled within thirty days of the applications submission date. Signature Property Owners Within 500 Feet of Parcel # 095718108001 Date I Account Parcel I Mailing Address Owner 182188008 095718103029 STREGE CELESTE HELENE 82/38008 095718103029 STREGE MICHAEL JAMES 27823 LOVELAND, HOPI TRL CO 805348292 R2138103 095718103033 ALEXANDER DIANE L R2138103 095718103033 ALEXANDER CURTIS C 5517 W 2ND ST GREELEY, CO 806344236 R1621986 095718106001 IN DIANHEAD HOMEOWNERS ASSN INC C/O PATRICIA WORRELL 6873 COMMANCHE M MAN H E T LOVELAND, CO 805348283 R1623286 095718106024 JACOBSEN CARLA J R1623286 095718106024 JACOBSEN KENNETH A 6644 ALGONQUIN DR LOVELAND, CO 805348285 R1623386 095718106025 BOSACK LYNN E 095718106025 R1623386 BOSACK MARK D Parcels: 22 Owner Records: 41 Page 3 of 6 WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 4/30/2019 2:36:57 PM THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of the property being considered. This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, http://www.co.weld.ca.us, and has not been modified from the original. The list compiled for the records of the Weld County Assessor was assembled within thirty days of the applications submission date. Property Owners Within 500 Feet of Parcel # 095718108001 ____orsolis cis a art - Signature Date Mailing Address Account Parcel Owner R1623386 095718106025 HOLSTEDT DEBORAH BOSACK R1623386 095718106025 WHITLER LISA M R1623386 095718106025 BOSACK CARL B (BUJ) 6610 LOVELAND, ALGONQUIN CO 805348285 DR R2138203 095718106026 WINIK K BETTY JOAN !R2138203 095718106026 WINICK ADAM J ' 27850 LOVELAND, HOPI TRL CO 805348278 R2138303 095718106027 MARTINEZ BECKY L R2138303 095718106027 MARTINEZ RODNEY K 27840 LOVELAND, HOPI TRL CO 805348278 R2138403 095718106028 JOHNSON RON DA F TRUST R2138403 095718106028 BOGART TRINA LEE TRUST 6645 LOVELAND, APACHE RD CO 805348290 Parcels: 22 Owner Records: 41 Page 4 of 6 WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 4/30/2019 2:36:57 PM THE UNDERSIGNED, NED, States that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of the property being considered. This list was compiled utilizing the records of the Weld County Assessor available on the Wend County Internet Mapping site, http://www,co.weld.co.us, and has not been modified from the original. The list compiled for the records of the Weld County Assessor was assembled within thirty days of the applications submission date, Property Owners Within 500 Feet of Parcel # 095718108001 Signature Witg0/ 17 Date Account Parcel failing Address Owner R2139103 I 095718107001 WILSON VICKI L R2139103 095718107001 WILSON D CRAIG 27790 LOVELAND, HOPI TRL CO 805348277 R6851697 095718108001 LYDON CHRISTINE R6851697 095718108001 LYDON STEPHEN M 6501 ALGONQUIN LOVELAND, I N DR CO 805348288 R8946000 095718200056 ANADARKO E&P ONSHORE LLD ATTN: TRAVIS HOLLAND -AFC PROPERTY PO BOX 173779 DENVER, CO 802173779 Parcels: 22 Owner Records: 41 Page 5 of 6 WELD COUNTY OLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 4/30/2019 2:36:57 FM THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of the property being considered. This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, httpl/www.co.weld.co.us, and has not been modified from the original. The list compiled for the records of the Weld County Assessor was assembled within thirty days of the applications submission date. Property Owners Within 500 Feet of Parcel # 095718108001 Parcels: 22 Owner Records: 41 Signature /S91/91 Date Page 6of6 MINUTES OF THE WELD COUNTY UTILITIES ADVISORY COMMITTEE A regular meeting of the Weld County Utilities Coordinating Advisory Committee was held on Thursday, April 25, 2019 at 10:06 a.m., in the Hearing Room of the Weld County Planning Department at 1555 N 171h Ave, Greeley, Colorado. Members Present: Hayley Balzano, LeAnn Koons, Dave Cross, Michael Wailes, and Kirsten Muncy. Members Absent: Jerry Adams, Carson Ortega, Jeremy Young, and Lucas McConnell Also Present: Angela Snyder, Department of Planning Services and Kris Ranslem, Secretary. CASE NUMBER: APPLICANT: PLANNER: REQUEST: LEGAL DESCRIPTION: LOCATION: RES19-0003 STEPHEN & CHRISTINE LYDON ANGELA SNYDER RESUBDIVISION OF LOT 1 BLOCK 1 OF 1ST REPLAT OF INDIANHEAD SUBDIVISION INTO THREE (3) LOTS LOT 1, BLOCKI, INDIANHEAD SUB 1ST REPLAT, PART OF SECTION 18, T5N, R67W OF THE 6TH P.M., WELD COUNTY, COLORADO. NORTHWEST OF AND ADJACENT TO ALGONQUIN DRIVE, SOUTH OF AND ADJACENT TO US HWY 34. Angela Snyder, Planning Services, stated that the applicants are proposing a Resubdivision to split Lot 1, Block 1, of the First Replat of Indianhead Subdivision into three (3) residential lots. Lot 1 Block 1 was originally three lots that were combined in the First Replat. The property owners desire to return the roughly five -acre property to three lots ranging from one to a little more than two -and -a -half acres. There is an existing home on proposed Lot 1 and the proposed Lots 2 and 3 are being used for pastureland. Both proposed lots will be used for single-family residential purposes. Staff is requesting the plat for RES19-0003 shall be amended to delineate the following: 1. Show and label the existing fifteen -foot -wide shared utility easement as shown on the 1st Replat of Indianhead Subdivision plat. 2. Show and label a minimum ten -foot -wide shared utility easement extending along all new interior lot lines. (Department of Planning Services) The Weld County Department of Planning Services recommends that this request be approved. Haley Balzano said that Public Works is requiring a drainage report since this property is located in the MS4 area. Ms. Balzano recommended adding a condition that reads "An easement from any shared drainage features that will be determined in the review of the drainage report'. Michael Wailes informed the board that he knows the applicants but feels he can make a fair and impartial judgement in this case. Ms. Snyder suggested amending the utility easement on the northern boundary to 20 feet. Ms. Balzano clarified if the red lines indicate 15 feet. Ms. Snyder replied yes. LeAnn Koons said that an argument can be made for requiring the northern boundary adjacent to Highway 34 to 20 feet to stay consistent with Code. After reviewing the adjacent lots which have 15 foot easements, the Utility Board felt that in this case it would be better to leave the easement on the northern boundary at 15 feet. Motion: Approve the Final Plan for RES19-0003 including Planning Staff's recommendation and the additional condition that "an easement for any shared drainage features that will be determined in the review of the drainage report", Moved by Hayley Balzano, Seconded by Kirsten Muncy. Motion carried unanimously. 1 Meeting adjourned at 10:48 a.m. Respectfully submitted, Kristine Ranslem Secretary 2 Directors Hill Szmyd, President Steve Brandenburg Larry Branch Paul lnPwwski Kathy Gallivan -Grist Ed Martens Emut bkillurtrey �- Y Little Thompson Water District October 8, 2018 District Manager: Michael T. rook 835 E Highway 56 Berthoud, CO 80513 P 97U-532-2096 1/ F: ✓70-532-3734 www.LTWD.org Mr. Stephen Lydon 6501 Algonquin Dr. Johnstown, Co 80534 slydon 14@gnnail4conn Dear Mr. Lydon: 'Il1hu!_z; letter is in response to your request for water service commitment for one 5/8-mcitan standard residential tap for the recorded exemption for your property located at 6501 Algonquin Jr., Johnstown, CO, or more generi l y escribed as follows: PORTION OF NE V of SEC. 18, TSN, R67W WELD COUNTY, CO Parcel 09571 10800 The District provides water service within its service area as defined by the _.district. The provision of wa:er service by extension of existing water ines or the District to the above property and the installation of taps for lots is clone under the terms o1 the Rules and Regu of the District established by the Board of the District from time to time. You may obtain a copy of the Rules and Regulations from the District. This iLs totter outlines the provisions ofthe Rules and Regulations; however, this Wetter does not change any provisions of the Rules and F e ulatfohest rule Board of the District may alter and amend the Rules and - e.g u l a y ions at a n y time and the provisions of this letter are subject to alteration and amendment based on changes in the Rules and Reguidtions of the District. We currently own ai'ur..l operate a 6-iikch and 8 -inch waterline that lies along the southeastern r9ic l tt a way of .Hopi Trail and Lakotali Court adjacent to the referenced parcel. We can commit to provide service to the above property for the requested additional one 5/8 -inch standard residential tap, subject to the limitations in this letter and the following additional limitations on the provision of water service: Ali improvements to District facilities required to provide service will be the financial resoo isi nl ity of the developer in accordance with. the District Rules and Regulations.. All improvements must conform to District Specifications. Prior to iniitiating water service, you will need to provide evidence that the property is included ii un the Municipal Sub District of the Northern Colorado Water Conservancy District_ You can find information on having your property included in the Municipal Sub District at the offices of the Nod _-lcrn ;Colorado Water Conservancy. 3) Where fire hydrants are required l r., the site, there is a $2,000 per fire hydrant fee that needs to be paid prior to, installation of the fire hydrant (install ked by - your contractor). The Developer would afis be reli d: i shale for any system upgrades required to meet any fire flow 9 i°d:,L(.1 u i rem e nis This commitment letter will expire two years from the date of this letter if the tap has not been purchased, paid for and installed by that date of expiration. 'The current gee for one standard residential 5/8" tap is `: 2,500 with installation provided by the District. .F uis does include the required raw water dedication of 07 acre-feet. YOU ARE HEREBY ADVISED THAT THE RULES, REGULATIONS AND TARIFFS OF THE DISTRICT ARE SUBJECT TO CHANGE WITHOUT NOTICE; AND THIS LETTER IS ISSUED WITH THE SPECIFIC LIMITATION THAT THE DISTRICT MAY CHANCE THE RULES, REGULATIONS AND TARIFFS APPLICABLE TO THE ABOVE PROPERTY AT ANY TIME WITHOUT NOTICE TO YOU OR ANY PERSON. if you have questions, please cotta. L me. Regards, 4:1 f'ff Amber Kautfunalt, P District Engineer J Directors: Bill Szmyd, President Steve Brandenburg Larry Brandt Paul BukIwski Kathy Gallivan -Grist Ed Martens Emily McMurtrey Little Thompson Water District February 4, 2019 District Manager: Michael T. Cook 835 E Highway 56 Berthoud, CO 80513 P: 970-532-2096 F: 970-532-3734 www.LTWD.org Mr. Sean Lydon 6501 Algonquin Dr. Johnstown, CO 80534 slydon14@gmail.com Dear Mr. Lydon: This letter is in response to your request for water service commitment for an additional 5/8 -inch standard residential tap for your property located at 6501 Algonquin Dr., Johnstown, CO, or more generally described as follows: PORTION OF NE 1/4 of SEC. 18, TSN, R67W -- WELD COUNTY, CO Parcel 095718108001 The District provides water service within its service area as defined by the District. The provision of water service by extension of existing water lines of the District to the above property and the installation of taps for lots is done under the terms of the Rules and Regulations of the District established by the Board of the District from time to time. You may obtain a copy of the Rules and Regulations from the District. This letter outlines the provisions of the Rules and Regulations; however, this letter does not change any provisions of the Rules and Regulations. The Board of the District may alter and amend the Rules and Regulations at any time, and the provisions of this letter are subject to alteration and amendment based on changes in the Rules and Regulations of the District. We currently own and operate a 6 -inch and 8 -inch waterline that lies along the southeastern right-of- way of Hopi Trail and Lakotah Court adjacent to the referenced parcel. We can commit to provide service to the above property for the requested additional one 5/8 -inch standard residential tap, subject to the limitations in this letter and the following additional limitations on the provision of water service: 1) All improvements to District facilities required to provide service will be the financial responsibility of the developer in accordance with the District Rules and Regulations. All improvements must conform to District Specifications. Where lire hydrants are required for the site, there is a $2,000 per fire hydrant fee that needs to be paid prior to installation of the fire hydrant (installed by your contractor). The Developer would also be responsible for any system upgrades required to meet any fire flow requirements. This commitment letter will expire two years from the date of this letter if the tap has not been purchased, paid for and installed by that date of expiration. The current fee for one standard residential 5/8" tap is $61,600 with installation provided by the District. This does include the required raw water dedication of 0.7 acre-feet. YOU ARE HEREBY ADVISED THAT THE RULES, REGULATIONS AND TARIFFS OF THE DISTRICT ARE SUBJECT TO CHANGE WITHOUT NOTICE; AND THIS LETTER IS ISSUED WITH THE SPECIFIC LIMITATION THAT THE DISTRICT MAY CHANGE THE RULES, REGULATIONS AND TARIFFS APPLICABLE TO THE ABOVE PROPERTY AT ANY TIME WITHOUT NOTICE TO YOU OR ANY PERSON. If you have questions, please contact me. Regards, Amber auffman, PE District Engineer From: Sean Lydon To: Angela Snyder Cc: Lauren Light Subject: Re: Application Acceptance Date: Friday, February 22, 2019 12:32:22 PM Attachments: imagea(l1.ioq Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. Yes the one dated in 2018 is for Lot 3 of the proposed plat and the one dated in 2019 is for Lot 2 of the proposed plat... Will this work for you? on Fri, Feb 22, 2019 at 12:30 PM Angela Snyder <asnyder@weldgov.com> wrote: Sean, Can you confirm that there were two different, separate water tap letters submitted. What we have are two identical letters with different dates and we just wanted to confirm that they are for two separate lots. Thank you! Angela Angela Snyder, CFM Planner I 15551 17th Ave Greeley, Co 80631 asnyder( t}, eldgov. coin PHONE: (970) 400-3525 FAX: (970) 304-6498 WC Logo Color Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e- mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Sean Lydon slydan 14@gmail._com> Sent: Friday, February 22, 2019 12:26 PM To: Angela Snyder <asnyder@weldgov.com> Cc: sclydon92582@gmail.com; shelby lydon lydonshelby@gmail.com> Subject: Re: Application Acceptance Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. Angela, Thank you very much for the communication. It is much appreciated and we look forward to hearing from you. Sean On Fri, Feb 22, 2019 at 11:20 AM Angela Snyder asnyder@weldgov.com> wrote: Hi Sean, I'm not sure if I replied to you yet or not. We are getting things straightened out and I hope to have a complete application email out soon! Angela Snyder, CFM Planner I 1555 N 17th Ave Greeley, CO 80631 asnyder@wcldgov.coin PHONE: (970) 400-3525 FAX: (970) 304-6498 WC Logo Color Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Sean Lydon slydon14@gmail.com> Sent: Tuesday, February 19, 2019 9:53 AM To: Angela Snyder <asnyder@weldgov.com> Cc: shelby lydon lydanshelby@gmail.com>a sclydan92582@gmai1.com; Diana Aungst daungstiwe ldgav . c am Subject: Application Acceptance Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. Angela, Hope you are doing well. Was following up to see where we were at as far as acceptance of our application. If you could please respond with a status update. Thanks, Sean Lydon (970) 775-4703 RES 1 9 _ 0 0 0 3 LIMO 5/13/2019 2nd Replat of Indianhead Subdivision ar SIGN POSTIN St - 1: T St -,.F THE N a 1,TEE= T 1 : I •LJ1_'I c. _.1 1. 1" JUL . 1_r 1 J_ 4''1.: 7.GD. ATE.D r 31 11Gt' "HMG FOUND OS : Err. • I =1 `HI SZ OF LPG IP) si 38_1 ° E. 5W It E. LOT 1 2.64 astpi. 301 ! REELzE ' Las Sc- DMA e_ ENO 1 w CALCIAATED SON , N85J`55 E 23.34'—, �'. _" MB= r 1 {L=115 its -mot ——• 04 't'18 'E, 11.5•:9 LOT 2 1.00.AC .PRCPOBED ACCEDE 48•36'31r •I L=113.' cii=11 0!. S47131414 W, 34.60 gal e (F) D=2741 R="3Ia.8' (F) L=NC0:?4. IT) ChB= NW IT) =1 38. ' 0=-27.0307i tT! i'.I0 o, ChL= 10'.5' ze t, 14 I## F4 8 2 0 2 5 6 7 9 5 9 U 0 4 MTN:\ 11/41 r, Nek cbi Ni %.1/44 0 t3 0 cip ti \lim-DESIO NA TED 507 NOT DE/CAT ED FORt OSS ..LE ENLARGEMENT Of U.S. HIGHWAY Ma 34;in U2.22 ti INC) otzb \tie\ clial \c,;efr.c.cSo\ \\clvt.c:2, Nitak. pat Ns% „wit q of I irrc. r9:91 6% \ IS "SI us \t4 l 00 V tri \ EL* #1060° Ales ,102;$ liPhst aril( l% Ifar°21 SluNI CP/ Car err/ Neel 0 -41 DES/TED BUT HOT DI .E 1, A RGE /WEN orp.s. kw.) Apr IP+ 824 IS'r 50.00' Ira), EWSOSID z7i1r Cn ,c r ter/7 It% \ RT. 347.82 \ISIC Li VI ti eta:I, Avii it 611 V\ I lag1/4.-iiisit is II a `iz 'vs% sit peer ■ 4. elms poicir rI %O' 230. GO' i _GO.lit a oat, i ■ �� L �,,� 460. 140,. :19ege3seiradai ni b44 1F %Ira ih""' '1‘514 NT' 14,9\ • cP21:1"51 * saVs'ils, \Lets ti ete mci sib T Niss tcsel • sc., 9 Niir. \ 5 \ s\, \\ V 4°0 411, PC' POI„ ID 5' I-rrui-a' it DRAINAGE EASEMENT WANE, PERN ETV! OF 'N LOT. i LOSING =STING apt 32 ratkitatla PcrSITJ3 to 4 '4' t.� 4 45. i rE LL' — A. 'IE1 r ND ar— •QII1tH C1):: E , INE IT C 1 h I I. :LOT trrtE f1$ bt VALA Lii EASEMENT lb BE VACMFn LX Tide IgiciStido N OF Elbe ■ x20 acre •�1 I LOT LINE L EtE "XACAlEO Mt ToI OE later° I I L 31 Ti a If s1r� iadrar-' tai WPC 1 401 Sari 241 S . fit re her ail y elifo+w . cap stamp CALCULATEIaPOSITI N •Qk'R COMER SECTI S/1 G—T.$N.—Fi.47W. Pt 4' (Ty p nS 4' ti t l a a ems CC BEARINGS (P)561.1?' (B 5'42-19 ORO , 1 6 7 1 4 a ti 1 5 TO VACATED ■ -CPS\ 4 ler EgitSliNG. LOT LINE TO SE VACA1ED SEE DUAL SEE DETAIL C traveri 41/4 ?r SFF DFTA1L A OA) NI ar371111 210.12' CFi'j 111 3ff x'31. E 2 10.4.5 in up C4 141, 0 -• (P) (C) A- los. 16 2 (P s 430000- E:,00.LCIO 4rSfl '' E: Sal I C *Viet RA W fin fy S unCw Nitwits! .x.02 LAK OT All CT, (60r ROW) �S 07 551 Dr r 6000 � s 00r57417 E WDth ( D=1608'317 Ripti Ai. ii :am 15 OSA ` t ( Nell —T 1) S- 342 Imo: Rip23O.00 ,+.66 S St3314eW 1,19 DETAIL A4. *TTo Nokt fl`i O•t:1'"w 1,65 PtahPETAH, 0 NOT TO SSE MEM Li , as Ia as ma __ i EMS I 1 ONO EMI Mr OW Mu WM Ma Imo EMI SS OMNI ion- cam as ow as Is Ns am • ,pr Da us a us MOW S sons us um— v 4 litsCP4; -+h.' L. y els Angela Snyder, Department of Planning Services Hello