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Home My WebLink About20191303WATER SUPPLY INFORMATION SUMMARY Section 31f.28.133,(d), C.R.S. requires that the applicant submit to the County."Adequate evidence that a water supply that is sufficient in terms at quantity, quality and dependability will be available to ensure an adequate supply of water. 1. NAME OF DEVELOPMENT AS PROPOSED Rodriguez Trucking 2. LAND USE ACTION Use by Special Review 3. NAME OF EXISTING PARCEL AS RECORDED Lot A RE -1515 SUBDIVISION RE -1515 FILING 4. TOTAL ACREAGE 5.1475 G. NUMBER OF LOTS PROPOSED 1 BLOCK LOT A PLAT MAP ENCLOSED El YES 6. PARCEL HISTORY - Please attach copies of deeds, plats of other evidence or documentation. A. Was parcel recorded wit- h county prior to June 1, 1972? ❑ YES 0 NO B. Has the parcel ever been part of a division of land action since Juno 1, 1972? !f yes. describe the previous action 9.17.93 RE -1515 ❑ YES 0 NO 1- LOCATION OF PARCEL • Include a map deliniatinp the project area and tie to a section corner. SW t14 OF NE 114 SECTION 4 TQWNSHIP 1 EN ES RANGE 65 d E 0 W PRINCIPAL MERIDIAN: 0 6TH ❑ li.M. EI UTE ❑ COSTILIA 8. PLAT - Location of all wells on property must be plotted and permit numbers provided. Survoyvrs plat ® Yes ❑ Na if not, scaled hand drawn sketch ❑ Yes ❑ No 9, ESTIMATED WATER REQUIREMENTS - Gallons per Day or Acre Feet per Year HOUSEHOLD USE of units 15 gpr GPD AF COMMERCIAL USE # al S.F. GPO AF IRRIGATION 11 of acres r;Po 1 AE STOCK WATERING ft of head GPO AF OTHERGPO AF TOTAL GPO 1 AF 10. WATER SUPPLY SOURCE O EXISTING ❑ DEVELOPED WELLS SPRING WELL PERMIT NUMBERS 043282-F El NEW WELLS - PROPOSED AQUIFERS . PEEPS vIo CI AMR% o UPPER OAMagg 11 LOWER DAWN ❑ DINER O cOHER © UPPER ARgpAHOE C] LOWER ARAPAH0E Q LARAMIE Fa% HILLS ❑ oOxors ❑ MUNICIPAL LI ASSOCIATION ❑ COMPANY U DISTRICT NAME LETTER OF COMMITMENT FOR SERVICE ❑ YES ❑ NO WATER COURT DECREE CASE NO.'S f I. €NGINEER'S W,4TER SUPPLY REPORT ❑ YES ❑I NO IF YES, PLEASE FORWARD WITH THIS FORM. {This may 6e rege.sd befmo our review a completadJ 12. TYPE OF SEWAGE DISPOSAL SYSTEM O SEPTIC TANK/LEACH FIELD 0 CENTRAL SYSTEM - DISTRICT NAME ❑ LAGOON ❑ VAULT - LOCATION SEWAGE HAULED TO O ENGINEERED SYSTEM (Attach a copy of ongineerinn desipnl ❑ OTHER For Oftics Uss only raRV10: ,, PUMP INSTALLATION AND TEST REPORT cus-k t4i90 STATE OF COLORADO, OFFICE OF THE STATE ENGINEER WELL PERMIT NUMBER . ` 0432624 2. OWNER NAMES) Jim & Leann :Brady Mailing Address 52 City, St. Zip . Hudson, Co. - Phone (303, ) • 536-9218. ,:. ,;. 3. RECEIVED we 24'94 tn� WELL LOOAtJQNAS DRILLED: 9,41 114 NE 1/4, Sec. 4 Twp. 1 Range 65 W DISTANCES FROM SEC, LINES 2340 ft. from firth Sec, Ilne. and 169,.,: ft, from Sec. line. (north or south)(east or wast)' SUBDIVISION; LOT BLOCK FILIN(UNIT) STREET ADDRESS AT WELL LOCATION: 20649 Hwy,, 52�. 806E— 4. PUM- DATA: Type Sulmersible Installation Completed 3-18-94 Pump Manufacturer &o irds Pump Model No.. 7E20412. Design GPM 7 at IPM . , HP , Volts 230 , Full Load Amps 10 Pump intake p �..-- - -... __. Feet: �t'aplColumn Pipe Size 1.,� .... _ . •Inches, Kind Salo. — ADDITIONAUNFO-MATION FOR PUMPS GR_EAJER THAT 50 GPM: TURBINE DRIVER TYPE: O Electric ❑ Engine O Other Design Head feet,:-: Number of Stages__., Shaft size inches, 5. CI -1 Airline installed CJ Yes E No, Orifice Depth ft. . Monitor Tube Installed E Yes El No, Depth ft. Flow Meter Mfg:- Master -fir -- Meter Serial No. 559879 Meter Readout EJ Gallons, O Thousand Gallons, O Acre feet, Beginning Reading o 6. TEST DATA: 7, Total Well Depth 755' Static Level ' 300! O Check box If Test data is submitted on Supplemental Form. Date 3-18-94, Time 2.5 hrs. Rate (GPM) 1? Date Measured 3-21 - . Pumping Lvl. 41Q' 9. Remarks r', 0, I have read the statements made herein and know the contents thereof, and that they are true to my knowledge [Pursuant to Section 24-4-104 (13)(a) C.R.S., the making of false statements herein constitutes perjury in the second degree and Is punishable as a class 1 .misdemeanor.] CONTRACTOR - meson's -.1 Service Phone ( 303 ) 659-1183 Lic. No. 1176 Mailing Address, gp1 • Name/Titie (Please type or print) Owner - Thomason Signature Date 3-21-94 FORM MO. WELL CONSTRUCTION AND TEST REPORT gus ol• STATE OF COLORADO, OFFICE OF THE STATE ENGINEER 1, WELL PERMIT NUMBER .04382_-F 2. 3. OWNER NAME(S) JIM $i L;ANI BRADY Mailing Address 20649 J WY 52 City, St. Zip F lIi e . O 80642 — Phone (30 ) 536-9218 Forai OMca Use only REC 1V 22 4 =SW % WELL LOCATION AS pRILLED: SW 1/4 NE _1/4, Sec, 4 Twp. 1 N , Range 66 W DISTANCES FROM SEC. LINES: 2140 ft. from N _Sec. line, and 1625 ft. from L . Sec. line. OR (north or soul wt or Wirt) SUBDIVISION: LOT BLOCK FILING(UNIT) STREET ADDRESS AT WELL LOCATION: 4, GROUND SURFACE ELEVATION . ft. DRILLING METHOD ROTARY DATE COMPLETED MARCH 17 TOTAL DEPTH 750 ft. DEPTH COMPLETED 750 S. GEOLOGIC LOG: Depth Description of Material (Type, Size, Color. Water Location) 0- 15 sandy clp,,y - 401,-415 shams 15- 95 avt3i 41 -4420 sand /17 50 ._ rock 450-451 roc --LL6C) shat X9$..510 shale -. 105-107 sand sand 185 19 .5Q-605 Dams style at 198-205 -tiny nand—.- 1 n_6t1n 1 1+y S 1d 205-210 ohtic -eoa1 640-690 sere X 220-230 shale j68-i(u rock _ - :370 -39'0 anaie -RE: 720-.725 sand X 131.3425 `coal Shalt 11 12 DISINFECTION; Type HTH 8. HOLE DIAM. (in.) From (ft) To (ft) 978 0 30 78 1 50 50 7. PLAIN CASING OD (in) Kind Wall Size From(ft) To(ft) 658 steel 188 0 _ 40 ,,,4 steel 188 40 670 PERF. CASING: Screen Slot Size: .steel i� 670 750 8, FILTER PACK Material Size Interval 9. PACKER PLACEMENT: Type Depth 10. GROUTING RECORD: Material Amount Density Interval Placement ,cement40sacks 14.5 11-670 pumped Amt. Used 51bs WELL TEST DATA: 21 -Check box if Test Data is submitted on Supplemental Form. TESTING METHOD Static Level 300 ft. Date/Time measured 3-17-94 1: Nip frl _ , Production Rate 12 Pumping level 500 ft. Date/Time measured -17-94 , Test length (hrs.) 4 Remarks 9pm, 13. I have road the statements made herein and know the contents thereof, and that they NO *tie to my knowledge. IPursuant to Secdon 24-4.104 (13)(a) CAS-, the makini of lake statements herein constitutes perjury in the secad degree and is punishekie as a cloth t misdemeanor.] CONTRACTOR ROGER SCHOCKE WELD DRILLING INC. Phone ( 301288-5474 Mailing Address9 5 BRIGHT0 Name/Title (Please type or print) Signature ROGER SCHOCKE PRkE. Lic, No. 403 , Date 3-21-94 Foram No. cWs'2s APPLICANT OFFICE OF THE STATE ENGINEER . COLORADO DIVISION .OF WATER RESOURCES 818 Centennial Bldg., 1313 Sherman St, Denver, Colorado 80203 (303) 86e-3581 JIM & LEANN BRADY 20649 HWY 52 HUDSON CO 80642 (303)536-921 8 PERMIT TO CONSTRUCT A WELL 403 WELL PERMIT NUMBER ' . F DIV. 1 CNTY. 62 WD 2 DES. BASIN MD Lot: f3look: Filing: SubdM DROVED WEU LOCATION WELD COUNTY SW 1/4 NE 1/4 Section 4 Twp 1 N RANGE 65 W 6th P.M. QJSTANCES FROM SECTION LINES 2340 Ft. from North Section Line 1625 Ft. from East Section Line ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDITIONS OF APPRQVAL 1) This well shall be used in such a way as to cause no material injury to existing water rights. The Issuance of the permit does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a Civil court action. 2) The construction of this well shall be in compliance with the Water Well Construction and Pump Installation Rules 2 CCR 402-2, unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors In accordance with Rule 17. 3) Approved as an additional well pursuant to CRS 3790-137(4) and the decree in Case No. 90CW065, Division 1 Water Court The operation of this well Is subject to the terms and conditions of said decree. 4) The maximum pumping rate shall not exceed 15 GPM. 5) The maximum average annual amount of ground water to be appropriated by this well shall not exceed one (1) acre-foot, and the combined average annual amount of ground water to be appropriated by this well and well No. 36075-F (also permit No. 35250-F) shall not exceed 27.5 acre-feet. 6) The entire length of the hole shall be geophysically logged as required by the Statewide Nontributary Ground Water Rules prior to Installing casing. 7) This well shall be constructed not more than 200 feet from the location specified on this permit. 8) Production is limited to the Laramie -Fox Hills aquifer which is located 616 feet below land surface and extends to a depth of 890 feet. Plain casing must be installed and sealed to prevent the withdrawal of ground water from other aquifers and the movement of ground water between aquifers. 9) A totalizing flow meter must be installed on the well and maintained in good working order. Permanent records of all diversions must be maintained by the well owner (recorded at least annually) and submitted to the Division Engineer upon request. 10) The owner shall mark the well In a conspicuous place with well permit number(s), name of the aquifer, and court case number(s) as appropriate. The Owner shall take necessary means and precautions to preserve these markings. 11) Pursuant to CRS 37-90-137(9)(b) and the Denver Basin Rules, no more than 98% of the nontrlbutary ground water withdrawn annually shall be consumed and the well owner shall demonstrate to the reasonable satisfaction of the State Engineer that no more than 98% of the water withdrawn will be consumed. ( ( APPROVED GRO Stabil Engineer BY Receipt No. 0360847 _ DATE ISSUED MAR 1.O 1994 EXPIRATION DATEMAR 101995 may• 14 WP I.5-Rew. 76 Application must be complete where applicable. Type or print in BLACK INK. No overstrikes or erasures unless initialed. COLORADO DIVISION OF WATER RESOURCES 818 Cente'nnial Bldg., 1313 Sherman St„ Denver, Colorado 80203 PERMIT APPLICATION FORM ( ) A PERMIT TO USE GROUND WATER to 09 13 (V) A PERMIT TO CONSTRUCT A WELL FOR: ( ✓) A PERMIT TO INSTALL A PUMP vigelginatatlIn StA1MEco 1 REPLACEMENT FOR NO. OTHER WATER COURT CASE NO. RECEIVED (1) APPLICANT • mailing address NAME lirk arl46 t STREET' Q4 +4.4_14 t 5 CI TY + f (Stab* (Zip) TELEPHONE NO. 'Cli) (2) LOCATION OF.PROPOSEP WELL County SW 14 of the lU1G" Section 14 Twp. . L. 1i , R ng. 105, 1p"" IN.31 IF,w) _ P,M. (3) WATER USE AND WELL DATA Proposed maximum pumping rate (gpm) 1 Average annual amount of ground water. - to be appropriated (acre-feet): Lo t Number of acres to be irrigated: 31 rie Proposed total depth (feet): (160-81X) Aquifer ground water is to be obtained from: 44il( iieC RECEIVED 00701'93 WATER RE O STATE E{VGIh.R FEB 25 '94 w4AL FOR OFFICE USE ONLY: DO NOT WRITE IN iRr COLUMN ,/c3 Receipt No.36. o Y /rI / Basin ❑ ist. CONDITION S1F APPROVAL This well shall be used in such a way as to cause no Tnaterial injury to .existing .:W teT rights. The issuanceof the permit does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. Owner's well designation GROUND WATER TO BE USED FOR: ( ) HOUSEHOLD USE ONLY • ("1 DOMESTIC (1) ( ) LIVESTOCK (2) ( ) COMMERCIAL (4) no irrigation (0) ( ) INDUSTRIAL (5) ( ) IRRIGATION (6) ( ) MUNICIPAL (8) ( ) OTHER (9) See Reverse _ DETAIL THE USE ON BACK IN (t 1) (4) DRILLER Name.' Sthcy2ir StreetWIS ``T l - APPLICATION APPROVED PERMIT NUMBER DATE ISSUED EXPIRATION DATE City (State) Telephone No.e` Lf17�. Lic. No. LOS BY (STATE ENGINEER) I,D, COUNTY 4. - RIP (5) THE LOCATION OF THE PROPOSED WELL and the area on which the water will be used must hi indicated on the diagram below. Use the CENTER SECTION (1 semis r0sfa64O acres) for the well Iocation- - NOATH4 T WEST SECTION LINE I 1 MILE, 528o FEET }1 NORTH SECTION LINE - SOUTH SECTION LINE The scale of the diagram is 2 inches = 1 mile Each small square represents 40 acres. —+ 4. (6) THE WELL MUST BE LOCATED BELOW by distances from section lines. d } ft. from 1 OrTh sec. line I- Ty fx norfh or south) - 16•.2 [ `r ' • ft. from _fir SI- (east or west) LOT -7- BLOCK 7 FILING # SUBDIVISION _11114- sec. line (7) TRACT ON WH1CIU WELL WILL BE LOCATED awner.l. es w r L� vrv, f , No. of acres . Will this be the only well on this tract? i�J. r (8) PROPOSED CASING PROGRAM Plain Casing LSI& _ in, from . ft. to 40 ft. ' f Z' in. from ._ f,{0 -- ft. to I700 ft. Perforated casing 11 112- in. from ` tO in. from ft. to.800 ft ft. to WATER EQUIVALENTS TABLE (Rounded Figures) An acre-foot covers 1 acre of land 1 foot deep 1 cubic foot per Second (cfs) - , . 449 gallons per minute (gprn) A family of 5 will require approximately 1 acre-foot of water per year. 1 acre-foot ... 43,560 cubic feet , , , 325,900 gallons. 1,9,90 gpm pumped continuously for one day produces 4.42 acre-feet. (10) LAND ON WHICH GROUND WATER WILL BE USED: Owner(s); Jame& &li ri � f. No- of acres: L$1+•7 Legal desgr_lption; k _x , _EA? 1--73 -04- i ` geAPAPS _ -• • (11) QUAILED DESCRIPT.IQN. of the use of ground water.: Household use and domestic wells must indicate type of disposal system to be used. (9) FOR REPLACEMENT WELLS give distance and direction from old well and plans for plugging it: SL1 gthon4•1 • �f' CIL .Q1 ,.j- Additional well under Decree 90 C1ft 065 IAW CRS 37-90-137(10). Copy of Decree attached. Well will not expand the 27.5 acre feet authorized under original Decree. (12) QT_ATER RIGHTS used on this land, including wells. Give Registration and Water Court Case Numbers. Type or right MIR Used for (purpose) Description of land on which used (13) THE APPLICANT(S) STATE(S) THAT THE INFORMATION SET FORTH HEREON IS TRUE TO ■ HE BEST OF HIS KNOWLEDGE. SIGNATURE OF ICANT(S) Use additional sheets of paper if more space is required. covey STATE OF COLORADO OFFICE OF THE STATE ENGINEER Division of Water Resources Department of Natural Resources 1313 Sherman Street, Room 818 Denver, Colorado 80203 Phone (303) 866-3581 FAX (3031846-3$89 July 14, 1993 Mr. Chuck Cunliff Weld County Planning Department 140O N. 17TH AVENUE GREELEY, CO 80631 Re: Brady Recorded Exemption, RE -1515 NE1/4 Sec. 4, T1N, R6SW, 6TH P.M W. Division 1, W. District 2 Dear Mr. Cunliff: Roy ROmei Governor Ken Salazar Executive Director Hal 0. Simpson Stale Engineer We have reviewed the above referenced proposal to split a 5 acre lot from a 134 acre parcel. The proposed water supply is to be from an existing well, permit number 36075-F, which is permitted for domestic use. We have no objection to the proposal and recommend approval. If you have any questions please contact me. JS\brady cc: Alan Berryman, Division Engineer Water Supply Branch Sincerely, Cdw4,, John Schurer, P.E. Senior Water Resource Engineer h ..x DEPARTMENT OF PLANNING SERVICES RECORDED EXEMPTION ADMINISTRATIVE REVIEW Applicant: Jim and LeAnn Brady Case No: RE -1515 RECEIVED F 09'93 MstVW Legal Description: Part of the N2 of Section 4, T1N, R65W of the 6th P.M., Weld County, Colorado. Larger Lot Size: 129 acres, more or less Smaller Lot Size: 5 acres, more or less Criteria Check List Meets Criteria Yes X X X X X 1. Conformance with the Weld County Comprehensive Plan and any adopted municipal plan. 2. Compatible with the existing surrounding land uses. 3. Consistent with the intent of the zone district. 4. Consistent with efficient and orderly development. 5. Complies with Recorded Exemption standards in Section 11.8 of the Weld County Subdivision Ordinance. APPROVED WITH CONDITIONS The Department of Planning Services has determined through the review that the standards of Sections 11.5,1 through 11.5.6 of the Weld County Subdivision Ordinance have been met. This Recorded Exemption is approved with the following conditions in accordance with information submitted in the application and the policies of the County. The applicant shall submit a mylar plat to the Department of Planning Services to be recorded in the office of the Weld County Clerk and Recorder. The plat shall be prepared in accordance with the requirements of Section 11.7 of the Weld County Subdivision Ordinance. The plat shall be submitted within sixty (60) days from the date of approval by the Department of Planning Services. The applicant shall be responsible for paying the recording fees. By Chuck Cun iffe, Director Date July 23. 1993 r' • GA AVYI ; I -I, •titer \`.\.) 'Y X I' 4•905/ I i' TT J ', 44917 I A929 I. lr / y` r • O J.f ,, 1i`an 1 yl i� .•i4).'1-", f s1 "'5� «•r.I 1� ; • I• T ",t -` 1 , 6 r.�l ?' /y,9 - ;; } t 3 '� A { ,, i I' ,�) f, I 30 r' •• ( .i ` — «� l Tyr, y. \1� I • 7. A •• - �.. �'; asp p 4/ ll .,0 T N I '*'`, r'� I r n t ' 11 ,1 - J, {i '-��s.7+• `•� ` 4 s. , _ �.• :��. .art• ,r 1 a � Windmill 494 SrC" adMidi „1 a V. ReNotTtlfrt7 1• } Restr imir • 1� Nn A - r,f N h ((f LL 11 • • The NE 1/4 of the NE 1/4 and the E 1/2 of the NW 1/4 of the NE 1/4, and all of that portion of the S 1/2 of the NE 1/4 and the W 1/2 of the NW 1/4 of the NE 1/4 of Section 4, lying East of the Beebe Canal as now constructed, all in Township 1 North, of Range 65 West of the 6th P.M. 2)30 0CP FEET 4436 T. 2 t; r s rf 1435 ly r • �«1 RECEIVED NOV 0 9 Ex "A' • STATE OF COLORADO °FFIaa OF THE STATE ENGINEER Diui$ion of Water Resources Department of Natural Resources 1313 Sherman Street, Room 818 Denver, Colorado 80203 Phone (303) 866-3581 t AX (3031866-3589 Roy Romer Governor Ken Salazar Executive Director Hal O. Simpson State Engineer TO: Jim & LeAnn Brady FROM: John W. Bilisoly • RECEIPT NO.: 360847 DATE: November 17, 1993 Your application for a permit to construct a well is being returned for the reason(s) listed below. The amendments and/or additional information or documentation requested is required before we can proceed with the evaluation of your application. All amendments made to the application must be typed or printed in BLACK INK Please initial and date all amendments made then return the application and all attachments to this office. If you have any questions, feel free to contact this office. This office recommended approval of the Brady Recorded Exemption on July 14, 1993, to Weld County Planning Department on the basis that the water supply for the 5.00 acre Lot A would be from an existing well, Permit No. 36075-F. It appears from your application that you are applying for an individual on -site well to serve Lot A. It is unlikely your application will be approved. All the Laramie -Fox Hills water underlying Lot A has been appropriated by well, Permit No. 36075-F. Additionally, this water has been decreed to Rudolph R. Zehnder, Jr. by the Division 1 Water Court in Case No. 90CW065. Before this office could consider approval of your application, a portion of this decreed water would have to be conveyed to you by recorded deed or other instrument. Also, the holder of Permit No. 36075-F would have to submit a new application to amend the conditions of approval on Permit No. 36075-F. There may be other requirements as well that would have to be determined should such a transaction take place. Also, in (6) on the back of the application, the distance from the North section line is incorrect. In order to place a well in the approximate center of Lot A, the distances would be as follows: 2,340 feet from the North section line and 1,625 feet from the East section line. This will change the 1/4, 1/4 section designation in item (2) on the front to the SW 1L4 of the NE 114, not the NE 1/4 of the NE 1/4. Then, in the diagram in item (5) on the back, the well would be located approximately where we've placed a penciled "X". In item (10), the 5 acres should be referenced as Lot A instead of B. Phelps and Associates C. Vincent Phelps Michael A. Dolan Frederic J. Flemings III Attorneys and Counselors at Law NorweSt Bank Building 13 South Main Street, Suite 202 Brightan, Colorado 80601 Telephone (303)054-0100 Fax (303)654-1080 February 25, 1994 Fro 25 '94 Colorado Division of Water Resources 818 Centennial Building 1313 Sherman Street Denver, Colorado 80203 Attention Glen Graham or John Bilisoly Re: Brady Permit Application Gentlemen: Pursuant to our phone conferences with Mr. Bilisoly and Mr. Leasman, Jim and LeAnn Brady tender their amended application for a water well on the 5 -acre tract. In support of the application, I have enclosed a copy of the Judgment Decree from Weld County District Court indicating that the Bradys are and were the rightful owners of this property in 1990, having entered into a contract for deed in 1986 with Mr. Zehnder. I enclose a copy of the deed from Mr. Zehnder to the Bradys and a copy of the original Decree under 90 CW 065. It is my understanding that a permit will now issue for the benefit of Mr. and Mrs. Brady under that Decree so long as the cumulative water extracted from the aquifer in any year does not exceed 27-1/2 acre-feet from both wells under the Decree. If you have questions concerning these matters, please feel free to contact my office. Your assistance is appreciated. CVP/bd cc: Mr. and Mrs. Jim Brady DISTRICT COURT, WELD COUNTY, COLORADO CASE NO. 92 CVPDivision II 7, lire}, • ORDER AND DECREE ELDON E. BRADY and VICKI LYNN BRADY, Plaintiffs, vs. RUDY ZEHNDER, JR., Defendant, Counterplaintiff and Third Party Plaintiff, vs. RECEIVED F5`94 wa va. ELDON E. BRADY, VICKI LYNN BRADY, SIDNEY V. BRADY, LUCILLE BRADY, JAMES BRADY and LeANN BRADY, Counterdefendants and Third Party Defendants. THIS MATTER, coming on for trial to the Court on October 13 and 14, 1992, involving the following described real property in Weld County, Colorado: the NE 1/4 of the NE 1/4 and the E 1/2 of the NW 1/4 of the NE 1/4, and all of that portion of the S 112 of the NE 1/4 and the W 1/2 of the NW 1/4 of the NE 1/4 of Section 4, lying east of the Beebe Canal as now constructed, all in Township 1 North, Range 65 West of the 6th P.M., containing 131 acres more or less, and the Court having heard the statements of counsel, the testimony of all witnesses. having reviewed the exhibits admitted into evidence, and being otherwise advised in the premises, does find as follows: 1. The Court has no problems with the laws in this case. The Court finds that Exhibit No. 1 was a valid and binding Lease Option Agreement which was properly exercised by the Plaintiffs on September 1, 1988. There is language in the Lease Option Contract which states that the tenant shall abide by all contracts thereon; however, this language is the Defendant's language and does not specifically refer to the CRP contract. The CRP Agreement between the Defendant and the United States Department of Agriculture clouds the issue somewhat; however, the Defendant agreed to sell the property and did not exclude the payments on the CRP contract. Penryr �xi'�i F FEB 2 5'94 STATE F. 2. The Court finds that Exhibit No. 2 was a valid and -" binding contract between Plaintiffs Eldon and Vicki Brady and Defendant Zehnder. The contract was agreed and entered into by these three parties on October 1, 1988. These three parties were the same three parties who were involved originally in the Lease Option Agreement. 3. The Court further finds that the Installment Contract for purchase of the property was later joined into by Sidney and Lucille Brady and Jim and LeAnn Brady. The Defendant's own testimony has indicated that he benefitted by allowing these additional purchasers to join into the Agreement. 4. The Option was properly exercised by the Plaintiffs on September 1, 1988, by payment of $5,000.00, which payment was receipted for by Mr. O'Kane, the Defendant's attorney for the transaction. 5. The Defendant has indicated that the Plaintiffs improperly refused to assume his CRP contract with the United States Department of Agriculture on this property. The Court finds that the Defendant's CRP problem is the Defendant's problem. The Defendant received all of the funds under the CRP contract from the United States Department of Agriculture, and it is up to the Defendant to pay those funds back to the United States Department of Agriculture. The Defendant apparently made a few attempts to bring his CRP contract into compliance prior to the exercise of the option on the property by the Plaintiffs; however, the Defendant's attempts to bring the CRP contract into compliance were not successful and never acceptable to the United States Department of Agriculture. The Court understands why the Plaintiffs did not assume the CRP contract based upon the testimony of the parties. Had the Plaintiffs assumed this contract, and the same had not been in compliance, they then would have been responsible for repayment of all of the funds to the United States Department of Agriculture that had previously been received by the Defendant Zehnder. The Defendant Zehnder received the money and it is his responsibility to resolve this matter with the federal government. 6. The evidence indicated that on December 20, 1988, after the Option had been exercised, Defendant Zehnder recorded a Declaration of Dry Up Covenant on the property which had previously been sold to the Bradys. The Court does not understand the reason or purpose behind this filing, but finds that it was contemptible conduct on behalf of Mr. Zehnder to record this Dry Up Covenant subsequent to the signing of the contract with the Bradys on October 1, 1988. He shall have the same removed from the title to the property. If this can't be done, he shall pay to Plaintiffs any diminution in value of said property by reason of said recording, including reasonable attorney fees for any future hearing necessary to determine any 2 REP 25 t94 diminution in value of said property because of said recor'h1hq'. 7. The Plaintiffs have indicated to the Court that they are prepared to pay off the balance due and owing on the Installment Land Contract and have tendered into evidence as Exhibit No. 24 their amortization schedule showing that as of October 1, 1992, the remaining principal balance due and owing on the contract was $34,153.82 with interest from and after that date at 9% per annum. 8. The evidence further indicated that the Plaintiffs paid 100% of the property taxes in 1988, when in fact they were responsible under the terms of the contract for payment of the 1988 property taxes from October 1, 1988, through the end of the year. While the 1988 tax proration will result in a credit to the Bradys, Defendant is entitled to a credit for the 1989 taxes for which he was paid but did not negotiate the Brady Dairy check. IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that the Contract for sale of the property shall be closed and fully complied with by the Defendant. Upon payment by Plaintiffs to the Defendant in accordance with the amounts set forth on Exhibit No. 24, the amortization schedule, and such adjustments as are necessary to properly amortize the 1988 taxes between the parties, the Defendant shall tender to the Plaintiffs his General Warranty Deed conveying the property to the Plaintiffs free and clear of all deeds of trust and any other monetary liens and encumbrances and any other encumbrances not on the title to the property on October 1, 1988. The attorneys for the parties hereto are directed to assist their clients to secure compliance with this Order. In the event that either of the parties shall fail or refuse to be in compliance with this Order, the parties, through counsel, may request the assistance of this Court to secure compliance. Both parties have requested an award of attorney's fees in this matter. Since the Court's finding in favor of the Plaintiffs, an award of attorney's fees would clearly be inappropriate for the Defendant, and although the Court had difficulty understanding the basis for several of Defendant's defenses and claims, the Court feels that the attorney for Defendant was attempting to present the Defendant's position to the Court as directed by the Defendant. Based upon this finding, the Court cannot find that either the defenses or the claims of the Defendant are totally frivolous. Since there is no provision RECERM FEB 25 14 in any of the contracts or the agreements for an award of attorneys' fees, and since the Court cannot find that the defense by the Defendant was totally frivolous, attorneys' fees will not be awarded to either side. Done and signed the /3 day of November, nunc pro tunc, October 14, 1992. BY THE COURT: /41 r77 -/L-. Ralph H. Coyte District Court Judge 4 AR417i5?8 B 12_ REC 02173578 03/16/89 1...45 $9.00 1/0(. F 2160 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, C, RECTIM TH ,S AGREEMENT, Made uplicate this day of FEB ?2 5 , , A.D. 19 , between Eldon E. Brady and V cki Lynn Brady as Joint Tenants between the two; WATER Fi;: Sidney V. Brady and Lucille Brady as Joint Tenants between tf#` {'''"f` two; and James Brady and LeAnn Brady as Joint Tenants between the two, of the County of Weld, and State of Colorado, of the second part, and Rudy Zehnder, Jr., of the first part; WITNESSETH, That if the parties of the second part shall first make'the payments and perform the covenants herein mentioned to be made and performed by the parties of the second part, the party of the first part will thereupon convey to the parties of the second part as joint tenants and not as tenants in common the following described property situate in the County of Weld and State of Colorado, to -wit: The NE 1/4 of the NE 1/4 and the E 1/2 of the NW 1/4 of the NE 1/4, and all of that portion of the S 1/2 of the NE 1/4 and the W 1/2 of the NW 1/4 of the NE 1/4 of Section 4, lying East of the Beebe Canal as now constructed, all in Township 1 North, or Range 65 West of the 6th P.M. including improvements thereon, in fee simple by good and. sufficient Warranty Deed, free and clear from all liens and encumbrances except First and Second Deed of Trust of record to First Bank & Trust of Brighton, Colorado dated April 30, 1976 and Aurora National Bank dated March 20, 1985, which first party agrees to pay and hold parties of second part harmless except taxes for 1988 which shall be prorated, and deliver a title policy therefor so showing. And the parties of the second part agree to pay to the party of.the first part as the purchase price of said property, the sum of One hundred three thousand Dollars ($103,000.00) in the manner following, to -wit: $12,000.00 credit of rent and $1,000.00 security deposit, plus $5,000.00 check dated 9/1/88•in sum of $5,000.00. Said total of $18,000.00 received by parties of the first part as down payment. The remainder of payment of $85,000.00 shall be paid as follows: $1,500.00 per month at rate of 9% per annum, interest included. Interest shall be first deducted and balance applied to principal. 1988 taxes shall be prorated to Oct. 1, 1988. First monthly payment due on Oct. 1, 1988 and payment due on the first of each subsequent month. Parties of the second part shall obtain a fire and extended insurance policy on said buildings in the- amount of $85,000.00 and me party of the first part beneficiary as a mortgage holdert t -' k FEB 2 5'94 B 1226 REC 02173578 03/16/89 1O:45 $9.00 2/00 ' F 2161 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO The parties hereby agree that the prorated taxes shall be deducted from the October payment and are to be made directly to the Treasurer of Weld County. Upon payment of aforementioned principa' party of first part shall issue warranty deed to parties of second p., rt and title shall be merchantible with interest payable upon the deferred payments at the rate of 9% per annum from date until paid. Further, the parties of the second pert shall pay all taxes and assessments that may be hereafter levied upon said property before the same become delinquent, and to keep all buildings erected thereon insured for the benefi'. of the party of the first part for the value thereof, and anti' the termination hereof be entitled to possession of said property, but in case of failure of the parties of the second part to makany one or more of said payments or perform any of the covenants agreed to be made and performed by the parties of the second part, this agreement may be terminated at the election of the party of the first part, upon giving to the parties of the second part thirty days' notice of intention so to do, which notice may be served as provided by law for service of notice to quit, and in case of such election the parties of the second part s all forff it all payments made, and such payments shall be retained by the party of the first part in full satisfaction and li;iidation of all damages the party of the first part may have sus`ained. IT IS MUTUALLY AGREED, That time shall be of the essence of this agreement, and if at any time the same shi 1 l be tei minated in the manner above provided, the party of the first part shall have the right to re-enter and take immediate p ssession of said property, and the parties of the second part :iereby agree to immediately surrender and deliver up the same ;eaceably, to the party of the first part, and if the parties of the second_part part shall remain in possession thereof after such -erminaticn, said parties of the second part shall be deemed guil LLy of a forcible detainer of said premises under the statute and shall be subject to eviction and removal, forcibly or otherwise, with or without process of law. It is expressly stipulated and provided that all rights of the parties of the second part as to said property and :s to a conveyance thereof are held by them as joint tc mantis with right of survivorship, and not as tenants in common. Subject to said joint tenancy and right of survivorship,,all all t to covenants and agreements herein contained shall extend to and be binding upon the heirs, executors, administrator, successor • and assigns of the respective parties. :s)U 111,1:6- B 1226 REC 02173578 03/16/89 10:45 $9.00 3/003 F 2162 MARY ANN FEt7ERSTEIN CLERK & RECORDER WELD CO, CO IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the day and year first above written. • ', ___4,214uk .r- 29 RECflurm FEB 25X94 M ITA RES0U RATE VIC r EP V AR231217 6 ---- ft 1360 F ' 02312176 1]/24/92 16i49 F 0589 In..4Y ANN Firill',ktO7'1:3N CLERK & $5.00 1/001 MC11tDEft WF,I,D CO, CO THIS DEED, made this between WARRANTY DEED 20th day or November Rudolph R. Zeltnder, Jr. county or Denver .19 92 , afths City and , Stale of Colorado, grantorlei and Sidney V. Brady, Lucille Brady, James Brady, LeAnn Brady, Vicki Lynn Brady and Eldon E. Brady whose lsgaladdress ia 5679 highway 52, Hudson ofthe County of Weld WITNFRRFTil.1 sal the granloiledr fur and in conlidcralinn of the sum of and No/100 * * * * * * * * * * * the receipt and sufficiency al which is hereby acknowledged, ha s Irani. bargain, sell, convey, and confirm, unto the grantee(,), improvements, if any, situate, lying and being in the deitribed as follows: geaulcd their STATE DOCUMENTARY FEE Date FEB2 5 "14 WX1YR RESG; , State of Colorado. granteefa)h One Hundred 'fliree Thousand * * * * * * * * * DOLLARS, , ban gained, Sold and conveyed, and by IheSe presenta dues heirs arid assigns forever, all the real properly. together with County of Weld , State of Colorado. Tne NE1/4 of the NE1/4 and the E1/2 of the NW1/4 of the NE1/4, and all of that portion of the 51/2 of the NE1/4 and the W1/2 of the NW1/4 of the NE1/4 of Section 4, lying East of the Beebe Canal as now constructed, all in Township 1 North, of Range 65 West of the 6th P.M., County of Weld, State of Colorado also known by street and number as; 5679 Highway 52, Hudson, Colorado 80642 TOGETHER with all and singular the heredilantents and appurtenances thereto belonging. nr in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and prOlitd thereof, and all the estate, right, title, interest, claim and demand whatsoever of the granloa tl, tither in law or equity, of, in and to the above bargained premises, with the lrereditaments and appurtenances, TO IIAVE AND '10 HOLD the said premise! above bargained and described with the nppnrtenances, unto the gratttse(s). l: heir heirs and assigns forever. And the grantor's); for him self , his heirs and personal representatives. does covenant, grant, bargain, and agree tr, and with the grantee's), their heirs and assigns. that at the hate of the ensealing and delivery of these presents. he iS well seized ur the peenrians above conveyed, hau. gmrrl, sure, perfect, absolute and indefeasible estate nfinhericartee, in law, in fee simple, and ha a good right, full power and authority to grant, bat gain, sell and convey the some in manner and form as alOrtsaic" and that the same are free and dear from all former and other grants, bargains, sale#, liens, taxes, assessments, encumbrances, and vastrletionaofwhalevetkindornaturetoeer,except reservations, restrictions, easements and rights of way of record; taxes for 1992 due and payable in 1993, Reservations in instruments recorded in book 797, reception 1718606, book 1288, reception 2239296 book 1117, reception 2058722 The granket0 shell and will WARRANT AND FOREVER DEFEND the above-lmrtalned prolnises In the eulci and peaceable possession pflhe grenteetsl, their beirs and Mips, against all and every person or persons lawfully claiming Ike whole or any part thereof. IN WITNESS WHEREOF, the grantor kha tq,CserutedIbisdeed ondie datesetforthshow. Rudolph R. lender, Jr. STATE CIF COLORADO county of Adams The foiegoing instrument wgt acknowledged before me this t„Ruldolph R. Zehnder, Jr. •cArk - rfeplres June 22, 1993 A A r' 1t el-,y1ieir city and". ss. 20th day of November .19 92 Witness my hand/ and anal. aUth-t-124- 45, %ARRAN1r' hSElr lrhr ITryearernnr kernrrlt nulli,hinr, I' I I H:,rrr Sr , Iknrrr, f'n aONr' --- r'" ` ' ' ' 15, . 5.111 k d 4 APPLICANT: JIM & LEANN BRADY RECEIPT NO. 360847 03/07/94 BY GRG ADDITIONAL WELL SUBJECT TO 90CW065 LOCATION: SW1/4 OF NE1/4 OF SEC. 4, T.1N., R.65W. (2340 NSL, 1625 ESL) Ground Elevation: 4910 Number of Acres: 5 AQUIFER UPPER DAWSON LOWER DAWSON DENVER UPPER ARAPAHOE LOWER ARAPAHOE LARAMIE-FOX HILL8 ELEVATION DEPTH TO ANNUAL NET APPROP STATUS BOT. TOP SAND HOT. TOP A -F 4660 4868 4020 4297 86.5 250 42 0.74 140.2 890 613 1.05 note: E indicates location is at aquifer boundary and values may be more approximate. Scanning Cover Sheet for Septic Permits Permit # Permit Type: Situs Street Address Situs City, State, Zip Sec/Town/Range: Parcel # (12 digits) Owner Full Name: Owner Address: Contact Name: Contact Address: SP -0000595 Health I Residential / Repair 20649 HWY 52 04 -01N -65W 147304000033-R0038994 LEMONS ALAN & KERRI 20649 HWY 52 HUDSON,CO 80642 KIMMEL CONSTRUCTION 4029 WCR 29 FORT LUPTON,CO,80621 Application Status: Issued Application Date: 10/06/2000 Owner Phone #: 303.659.5244 Contact Phone# 303.659.5244 Information above has been Verified in Accela by employee noted below X _ Processed by: June 05, 2008 Report ID: EHS00024v003 Print Date -Time: 6/5/2008 11:42:05AM Date Page 1 of 1 I WELD COUNTY DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT 1555 NORTH 17TH AVENUE GREELEY, COLORADO 80631 PHONE (970 304-61115 FAX (970) 304-6411 Permit #: SP-OOOO595 SeciTwil/Rng: 04 01 65 Owner: LEMONS ALAN & KERRI Applicant: ��L CONSTRUCTION Permit Type: RREP C=Commercial, R=Residential + NEW, REPair, VauLT Parcel #: 1473-04-0-00-033 Location: 20649 HWY 52 HUDSON 04-01-65 Legal Desc: 10680-E PT NE4 4 16 5 BEG E4 COR SEC S89 D29'W 1762.46' TO TR PERMIT Applied: 10/06/2000 Expires: 10/01/2001 Description: MODULAR Commercial: N Residential: Y Acres: 4.32 # of Persons: 3 Basement Plumbing: N # of Bedrooms: 3,Bathrooms - Full: 1 3/4: 1 1/2: 0 Water Public: N Water Source: Water Private: Y Cistern: N Well: Y Well Permit Number: 043282 Percolation Rate .c9(4 Limiting Zone5Pa ft ' in Description % Ground Slope' '— Direction — Soil Suitable (Y/N) Engineer Design Required (Y/N)i. _ In 100 Year Flood Plain ( /N.) O, From the application information supplied and the on•site soil percolation data the following minimum installation specifications are required: Chambers Septic Tank (2-Scp gallons, Absorption Trench square feet or Absorption Bed 1 Z i 2— square feet In addition, this permit is subject to the following addition al terms and conditions: A `A2wu` iT - SSC 7-, ,tom t%Z47 Le�,� �y 35 2cc7o�. ��.7Xy- i � i t cSk�A�. Tc �4a +�-��Lz'r ti� yam, 7�c. r A srr4 t z e Z NOTICE This permit is granted temporarily to allow construction to commence. This permit may be revoked or suspended by the Weld County Department of Public Health and Environment for reasons set forth in the Weld County Individual Sewage Disposal System Regulations including failure to meet any term or condition imposed thereon during temporary or final approval. The issuance of this permit does not constitute assumption by the department or its employees of liability for the failure or inadequacy of the sewage disposal system. This permit is not tr nsferable. Before issuing final approval of this permit the Weld County Department of Public Health and Environment reserves the right to impose additional terms and conditions required to meet our regulations on a continuing basis. Final permit approval is contingent upon the final inspection of the completed system by the Weld County Department of Public Health and Environment. This hermit expires one year from the application date. . Form: S_PERMT F Env onmdtftal Health Specialist Date WELD COUNTY DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT 1555 NORTH 17TH AVENUE GREELEY, COLORADO 80631 PHONE (970) 304-6415 FAX (970) 304-6411 Permit #: Owner: Applicant: Permit Type: Parcel #: Location: Legal Desc: 10680-E PT NE4 4 1 6 5 BEG E4 COR SEC S89 D29'W 1762.46' TO TR SP -0000595 Sec/ Twn/Rng: 04 01 65 LEMONS ALAN & KERRI KIMMEL CONSTRUCTION RREP Commercial. R=Residential + NEW, REPair, VauLT 1473-04-0-00-033 20649 HWY 52 HUDSON 04-01-65 PERMIT Applied: 10/06/2000 Expires: 10/01/2001 Description: MODULAR Commercial: N Residential: Y # of Persons: 3 Basement Plumbing: # of Bedrooms: 3 4 Bathrooms - Full: 1 N 3/4: 1 1/2: 0 Acres: 4.32 Water Public: N Water Source: Water Private: Y Cistern: N Well: Y Well Permit Number: 043282 Percolation Rate cl .(71' Limiting Zone -70) ft in Description % Ground Slope Direc ion Soil Suitable (Y/N))f Engineer Design Required (Y/N) In 100 Year Flood Plain (Y/N) From the application information supplied and the on -site soil percolation data the following minimum installation specifications are required: Septic Tank (2' gallons, Absorption Trench or square feet Chambers Absorption Bed 1 2~1 2— square feet In addition, this permit is subject to the following additional terms and conditions: otS c T -$9 [?4"", br- -L_ t—i. ,-as-22,-r NOTICE This permit is granted temporarily to allow construction to commence. This permit may be revoked or suspended by the Weld County Department of Public Health and Environment for reasons set forth in the Weld County individual Sewage Disposal System Regulations including failure to meet any term or condition imposed thereon during temporary or final approval. The issuance of this permit does not constitute assumption by the department or its employees of liability for the failure or inadequacy of the sewage disposal system. This permit is not transferal*. Before issuing final approval of this permit the Weld County Department of Public Health and Environment reserves the right to impose additional terms and conditions required to meet our regulations on a continuing basis. Final permit approval is contingent upon the final inspection of the completed system by the Weld County Department of Public Health and Environment. This permit expires one year from the application date, Form: SPERMT Evironui+r4ital Health Specialist Date 6I -P1- SEPTIC INFORMATION FORM To obtain an I.S.D.S. permit, one must file an "Application for individual Sewage Disposal System" at the Weld County Environmental Protection COLORADO Services office, and pay the application fee. A "repair" fee shall be charged for the expansion, replacement, or repair of an existing system. The, following information must be provided on the septic information form: PARCEL NO.: ,` b) 7 - 3 00 a_K_3 THIS CAN BE OBTAINED FROM THE ASSESSOR'S OFFICE AT (970) 353-3845 EXT 3650 PROPERTY OWNER , //-}A/C/ 2-/f4')4 MAILING ADDRESS,J0 it f' f/Wy' 5 2 - HOME PHONE$o3) k5? -5-2‘/1( WORK PHONE ( ) FAX ( ) L E/46M$ CITY /f i / S° I✓ ST ZIP APPLICANT NAME /7/` . MAILING ADDRESS '`Lo 2 9 u' C J 2 F CITY,,,'.7pp� ST ZIP€AX z.. / HOME PHONE (3O cc -5Z 4( cif. WORK PHONE 063) 9 9.'7- /e) ( FAX tJ lcf5 C 6fp LEGAL DESCRIPTION PT PT SEC 1-/ TWN /-/V RNG ACRES 13, 2 SUBDIVISION LOT rr Blft K FILING DESCRIPTION OF BUILDING !!(ex: House, Mobile Home, Modular, Shop, Office) SITE/LOCATION ADDRESS (9Q/Q40 /1(1,- `JA DIRECTIONS TO SITE NEW PERMIT REPAIR PERMIT X $315 $315 IF OBTAINING A REPAIR PERMIT, PLEASE LIST PREVIOUS OWNERS OF THIS PROPERTY CENSUS TRACT 161.0 RESIDENTIAL 9/NO COMMERCIAL YES NUMBER OF PERSONS : BASEMENT PLUMBING YES NUMBER OF BEDROOMS BATHROOMS: FULL ./ 3/4 ) 1/2 WATER SUPPLY: PUBLIC YES 60) UTILITY NAME PRIVATE YES NO CISTERN YES NO I WELL ES NO WELL PERMIT # WELD COUNTY DEPARTMENT OF PUBLIC HEALTH & ENVIRONMENT 1555 NORTH 17TH AVENUE, GREELEY, CO 80631 PHONE: (970) 304-6415 FAX: (970) 304-6411 Copy Reprinted on 10-06-2000 at 13:06:53. Permit Number: SP-OOOO595 10-06-2000 Amount: $315.00 Payment Method: Owner Name: LEMONS ALAN & KERRI Applicant Name: KIMMEL CONSTRUCTION Parcel Number: 1473-04-0-00-033 Site Address: Location: 20649 HWY 52 HUDSON 04-01-65 Check APPLICATION / RECEIPT Initials: BM Receipt Number: HAP000628 Notation: 2946 Total Fees: $315.00 This Payment: $315.00 Total All Payments: 315.00 Balance: $0.00 Account Code 256041400-4221-400 256041400-4221-400 256041400-4221-400 256041400-4730-400 Description: MODULAR Commercial: (Y/N) N Number of Persons: 3 Basement Plumbing: (Y/N) N Number of Bedrooms: 3 Bathrooms: Full - 1 3/4: 1 1/2: 0 Water Public: (Y/N) N Water Source: Water Private: (YIN) Y Cistern: (Y/N) N Well: (Y/N) Y Well Permit Number: 043282 Description New Septic Permit Repair Septic Permit Vault Permit Potable Water Amount $315.00 $0.00 $0.00 $0.00 Residential: (Y/N) Y Acres: 4.32 NQTICE Applicant acknowledges receipt of the individual sewage disposal system guide and that .the completeness of this application is conditional upon further mandatory and additional tests and reports as may be required by the Weld County Department of Public Health and Environment to be made and furnished by the applicant or by the Weld County Department of Public Health and Environment for purposes of the evaluation of the application; and the issuance of the permit is subject to such terms and conditions as deemed necessary to insure compliance with rules and regulations adopted under article 10, title 25, CRS as amended. The applicant certifies theat the proposed system will not be located within 400 feet of a community sewage system. The undersigned hereby certifies that all statements made, information and reports submitted herewith and required to be submitted by the applicant are, or will be, represented to be true and correct to the best of my knowledge and belief, and are designed to be relied on by the Weld County Department of Public Health and Environment in evaluating the same for purposes of issuing the permit applied for, herein. 1 further understand that any falsification or misrepresentation may result in the denial of the application or revocation of any permit granted based upon said applicaion and in legal action of perjury as provided by law. This application expirg, one year from the signature date. X — t wner/Applicant rm: RT HAPP Date Wine• COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT 1555 N. 17r" AVENUE GREELEY, COLORADO 80631 ADMINISTRATION (970) 304-6410 PUBLIC HEALTH EDUCATION AND NURSING (970) 304-6420 FAX (970)-304$416 ENVIRONMENTAL HEALTH SERVICES (970) 304-6415 FAX (970) 304-6411 AUTHORIZATION FORM RE: ❑ PERMIT APPLICATION 1. I.S.D.S. EVALUATION ❑ SALE OF PROPERTY ❑ WATER SAMPLE representaL, for the property d7�►,cPj y ' � orated at J e-6 . . LEGAL DESCRIPTION: SEC TWN I-i/ RNG L 5 _ Lgg e SUBDIVISION NAME: LOTAK I can be contacted at the following phone #'s: Home 5 -WSJ Work 3 ,4f -- Z'2 O Other Fax #3o3 -e -7- /r y The property owner can be contacted at the following phone #'s OWNER'S SIGNATURE Home Work3- 5,- a_356 - Other n Fax # DATE /or, 1 " add Please draw a map to your property. N WELD COUNTY DEPARTMENT OF PUBLIC HEALTH & ENVIRONMENT 1555 NORTH 17TH AVENUE, GREELEY, CO 80631 PHONE: (970) 304-6415 FAX: (970) 304-6411 Copy Reprinted on 10-06-2000 at 13:06:53 Permit Number: SP -0000595 10-06-2000 Amount: $315.00 Payment Method: Owner Name: LEMONS ALAN & KERRI Applicant Name: KIMMEL CONSTRUCTION. Parcel Number: 1473-04-0-00-033 Site Address: Location: 20649 HWY 52 HUDSON 04-01-65 Check APPLICATION / RECEIPT Initials: BM Receipt Number: HAP000628 Notation: 2946 Total Fees: This Payment: $315.00 $315.00 Total All Payments: 315.00 Balance: $0.00 Account Code 256041400-4221-400 256041400-4221-400 256041400-4221-400 256041400-4730-400 Description New Septic Permit Repair Septic Permit Vault Permit Potable Water Description: MODULAR Commercial: (Y/N) N Residential: (Y/N) Y - Acres: 4.32 Number of Persons: 3 Basement Plumbing: (YIN) N Number of Bedrooms: 3 Bathrooms: Full - 1 3/4: 1 1/2: 0 Amount $315.00 $0.00 $0.00 $0.00 Water Public: (Y/N) N Water Source: Water Private: (Y/N) Y Cistern: (Y/N) N Well: (Y/N) Y Well Permit Number: 043282 NOTICE Applicant acknowledges receipt of the individual sewage disposal system guide and that.the completeness of this application is conditional upon further mandatory and additional tests and reports as may be required by the Weld County Department of Public Health and Environment to be made and furnished by the applicant or by the Weld County Department of Public Health and Environment for purposes of the evaluation of the application; and the issuance of the permit is subject to such terms and conditions as deemed necessary to insure compliance with rules and regulations adopted under article 10, title 25, CRS as amended. The applicant certifies theat the proposed system will not be located within 400 feet of a community sewage system. The undersigned hereby certifies that all statements made, information and reports submitted herewith and required to be submitted by the applicant are, or will be, represented to be true and correct to the best of my knowledge and belief, and are designed to be relied on by the Weld County Department of Public Health and Environment in evaluating the same for purposes of issuing the permit applied for herein. I further understand that any falsification or misrepresentation may result in the denial of the application or revocation of any permit granted based upon said applicaion and in legal action of perjury as provided by law. This application expires one year from the signature date.. wner/Applicant RT_HAPP Date C/1b4+68H� BATHROOMS: FULL ./ SEPTIC INFORMATION FORM To obtain an I.S.D.S. permit, one must file an "Application for Individual Sewage Disposal System" at the Weld County Environmental Protection COLORADO Services office, and pay the application fee. A "repair" fee shall be charged for the expansion, replacement,or repair of an existing system. The following information must be provided on the septic information form: PARCEL NO.: ! 4) 7-3- a -op- d_L3 THIS CAN BE OBTAINED FROM THE ASSESSOR'S OFFICE AT (970) 353-3845 EXT 3650 PROPERTY OWNER f}/Ire/1!L /1 ir)1k AF/V7lV-S MAILING ADDRESS,0 l f // kI y S z_ CITY Nu U_So IV ST ZIP HOME PHONE aj) 5? -52 `/ 1( WORK PHONE ( ) FAX ( ) APPLICANT NAME P . MAILING ADDRESS 'to Z 9 i4 C_!r' z F C1TY,7.; ST ZIP a1 z l HOME PHONE (3a?) S5` -Sz Y'( WORK PHONE (3a319Pi— ( FAX On n 5 — f tf LEGAL DESCRIPTION PT PT SEC TWN I -A/ RNG 5 ACRES A/`3, 2 5 SUBDIVISION LOT ABLO K FILING DESCRIPTION OF BUILDING (ex: House, Mobile Home, Modular, Shop, Office) SITE/LOCATION ADDRESS (7(O(IIDin gal -5A DIRECTIONS TO SITE NEW PERMIT REPAIR PERMIT X $315 $315 IF OBTAINING A REPAIR PERMIT, PLEASE LIST PREVIOUS OWNERS OF THIS PROPERTY C CENSUS TRACT na9 RESIDENTIAL /NO COMMERCIAL YES QD NUMBER OF PERSONS BASEMENT PLUMBING YES NUMBER OF BEDROOMS WATER SUPPLY: PUBLIC YES UTILITY NAME PRIVATE _ NO CISTERN YES NO/ WELL E NO WELL PERMIT # O Jz ,`2 314 1/2 • COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT 1555 N. 17TH AVENUE GREELEY, COLORADO 80631 ADMINISTRATION (970) 304-6410 PUBLIC HEALTH EDUCATION AND NURSING (970) 304-6420 FAX (970) 304-6416 ENVIRONMENTAL HEALTH SERVICES (970) 304-6415 FAX (970) 304-6411 AUTHORIZATION FORM RE: ❑ PERMIT APPLICATION ❑ SALE OF PROPERTY miP.J ocated at 1�[ I.S.D.S. EVALUATION o WATER SAMPLE representa:_ox-d e -a for the property LEGAL DESCRIPTION: SEC TWN )-V RNG ,G 5 SUBDIVISION NAME: LOTS_ BLK I can be contacted at the following phone #'s: Home _5 3 — IS5 4" tf Work 3 ftf - Z'2 Other Fax# 30)-- rc7- /8"z f The property owner can be contacted at the following phone #'s Home Work 343- 5,- a_3 $6 Other Fax # OWNER'S SIGNATURE �y 4 ff ,�;.w,.., a.f' DATE ler, Please draw a map to your property. N COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT 1555 N 17TH AVE GREELEY; CO 80631 WEBSITE:: 'www.co'.weld.co.us ADMINISTRATION (970) 304-6410 FAX (970) 304-6412 PUBLIC HEALTH EDUCATION AND NURSING (970) 304-6420 FAX (970) 304-6416 ENVIRONMENTAL HEALTH SERVICES (970) 304-6415 FAX (970) 304-6411 October 19, 2000 Alan Lemons 20649 Highway 52 Hudson, Colorado 80642 RE: Lemons, Alan ISDS No.: 00-090 Permit No.: O-890047 Dear Mr. Lemons: On September 29, 2000, an evaluation of the existing individual septic disposal system at 20649. t Highway 52, Hudson, Colorado; Section 4, Township.1 North, Range 65 West, was conducted by Steve Wiatrowski, an environmental specialist of this department. The existing individual septic disposal system is of sufficient size and capacity to adequately handle the P P Y P ty 9 Y proposed load. This evaluation is based on a final treatment capacity for a 3 bedroom residence. Be advised, neither the County of Weld nor any of its agents or employees undertake or assume any liability to the owner of the above property, to'any purchaser'of the above property or to any lending agency making a loan on the above property or in the report. This inspection was conducted for the purpose of determining compliance with current regulations and for detecting health hazards observable at the time of inspection. This does not constitute a warranty that the system is without flaw or that it will continue tofunction in the future. Inspections requested during periods of snow cover and high soil saturation may be of questionable value to potential buyers due to adverse conditions. Evaluations based on Statements of Existing (S.O.E.) relies on information the i property owner provides, under oath, indicating current status of the system and representing to the best of his/her knowledge the system is not failing to function properly. If we can be of any further assistance, please contact our office at (970) 304-6415. Sincerely, Stephen J. W-iatrowski Environmental Health Specialist SJW/.pc-1343 Enclosure cc: Weld County Department of Planning COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT 1555 N.17TH AVE GREELEY, CO 80631 WEBSITE:. www.co.weld.co.us ADMINISTRATION (970) 304-6410 FAX (970) 304-6412 PUBLIC HEALTH EDUCATION AND NURSING (970) 304-6420 FAX (970) 304-6416 ENVIRONMENTAL HEALTH SERVICES (970) 304-6415 FAX (970) 304-6411 October 19, 2000 Alan Lemons 20649 Highway 52 Hudson, Colorado 80642 RE: Lemons, Alan ISDS No.: 00-090 Permit No.: G-890047 Dear Mr. Lemons: On September 29, 2000, an evaluation of the existing individual septic disposal system at 20649 Highway 52, Hudson, Colorado; Section 4, Township 1 North, Range 65 West, was conducted by Steve Wiatrowski, an environmental specialist of this department. The existing individual septic disposal system is of sufficient size and capacity to adequately handle the proposed load. This evaluation is based on a final treatment capacity for a 3 bedroom residence. Be advised, neither the County of Weld nor any of its agent or employees undertake or assume any liability to the owner of the above property, to any purchaser of the above, property. or to any lending making a loan on the above property or in the report. r ,agencyj' This inspection was conducted for the purpose of determining compliance with current regulations and for detecting health hazards observable at the time of inspection. This does not constitute a warranty that the system is without flaw or that it will continue to! function in the future. Inspections requested during periods of snow cover and high soil saturation :may be of questionable value to potential buyers due to adverse conditions. Evaluations based on Statements of Existing (S.O.E.) relies on information the property owner provides, under oath, indicating current status of the system and representing' to the best of his/her knowledge the system is not failing to funicti1on properly. If we can be of any further assistance, please contact our office at (970) 304-6415. Sincerely, Stephen J. Wiatrowski Environmental Health Specialist SJW/pc-1343 Enclosure cc: Weld County Department of Planning • t. COLORADO.: October 3; 2(I00 Alan Lemons 20649 Highway 52 Hudson, Colorado 80642- RE: Lemons, Alan' ISDS No.: 00-090 Permit' No.: G-890047 ' • Dear Mr. Lemons: DEPARTMENT OED PURL,IC HEALTH &,ENVIRONMENT +: 1555 N: {l7?"'fi '17•AVENUE--: '`UE-- y..-'- COI:ORADO 80631 • ' i • :ADMINISTRATION (970)304-6410 PUBLIC HEALTH EDUCATION& NURSING -(970)3046420 :: , r t..aY '• ti ,.: �F;'AXi(970)304-64l6• :r . ENVIRONMENTAL.HEALTWSER VICES'(970)304-6415 i . --FAX: (970)304- :r �,.. f:: . I .: .� - -.,`•�- Y.. -: .'.. j rt< '� �. � r . a• J -•p. :1 ,3..1-0:•s. F.,gC.._ -� ---tie •1 , .. .- � ,. ::. #`: .- ( t,.•.' y 1-xr r �:ti-f"w � aka .� ,. On September.29, 2000, :an evaluation of the.existing ndividual, septic, disposal, systen at 2, 0649: ,; t , . r Highway 52, Hudson,.ColoradoSection 4, Township_ 1 -North, Range;65West,-was'conducted5,by`, Steve;-' : Wiatrowski; an environmental, specialist. of this department ;•~• ,, "3 ;-'•-P'-' �', •r,- f-" The exist• ing individual septic disposal system is not ofsufficient size'and capacity to adequately handler the proposed load. The septic system will need: an additional 492 square feet of leach bed, tokadequately' handle the additional: load. A- repair. permit must be .obtained prior' to any alterations'to'the system This,, F:_�{ , evaluation is based on a final treatment capacity for a::14 bedroloin residence ... { " r Be advised, neither the County 'of` Weld nor, any of ':its agents or employees•unaertake.or±assu.me any liability to the owner of the above property, to any purchaserof the ;above,property o?to anyflending ; agency making a loan on the above' property: or in "the. report I .---.,\--;•-•'•,,,.-:•;‘,.,-'-'7-1' h _ !; This inspection was conducted' for the purpose of'determi�ning.complia nce.,with:current'regulat{ions a • nd. for detecting health hazards observable'at thetime of inspection;:.This:does"not constitute1arwarranty that the.system is without flaw or that it will continue,to function, in'the future Inspections requested dunngj,t-F.:. periods of snow cover and- high soil saturation may be. -of questionable .value to potentialFbuyers due;to adverse conditions. -Evaluations based on Statements of Existing•;.(S O E:)jrelies oniinfornnation they, i ° r -f= property owner` provides; under oath, indicating current: status of the system=and representing.ltolthebest z of his/her knowledge.the system is not failing to -function properly:, • ;:•- ,_ i.-J.x,, f ''-•.:.<. If we can be of any further assistance, please: contact our office at (970) 304.64.15.. Sincerely, I St, phen 1. Wiatrowski Environmental Health Specialist $JW/pc-1343 Enclosure`s { cc: Weld County Department of Planning • • • INDIVIDUAL SEWAGE DISPOSAL REQUEST NO.: 00 _0490 SYSTEM EVALUATION lik COLORADO RECORDED EXEMPTIQN NO.: DATE RECEIVED: RECEIVED BY: FEE $90.00: DATE INSPECTED: OWNER: / Udi //a.Y V PHONE: J, Q'7 &W)/ MAILING ADDRESS: OnlW J iI j'X f?L 1-1u tt [1n ITY TATS ZIP SITE ADDRESS: ,� � 7 H'qNW(11/-/ad � -N i , 0 ZI RNG: w LEGAL DESCRIPTION: PT: SUBDIVISION: LOT: BLK: FLG: WATER SUPPLY: J (ifi ? (lJei( RESIDENTI L/COMMERCIAL TOTAL ACRES: 51'0 PT: PERMIT ON RECORD: Name: SEC: TWN 271 CITY STATE l d t Permit No.:67 349 7- System Size: Tank: (O X gallons Trench: •square feet Bed: square feet Percolation Rate: 21.'"[ . minutes per inch Soil Type S.O.E.: YES Engineer Design: YES4IP Percent Ground Slope: Direction: r 1 The septic system identified ahoy alterations(s) indicated below to th CURRENT FLOW Description: Persons: Bedrooms: Bathrooms: Basement Plumbing: Th ac mmo sting se e system i propose of sufficient size to accommodate the proposed ructure(s) served'by this system. PROPOSED TOTAL ADDITIONS Description: ions to the Stru Description: NO to have the following alterations made to e (s Neither the County of Weld nor any of its agents or employees undertake or assume any liability to the owner of the above property, to any purchaser of the above property or to any lending agency making a loan on the above property or in the report. This inspection was conducted for the purpose of determining compliance with current regulations and for detecting health hazards observable at the time of inspection. This does not constitute a warranty that the system is without flaw or that it will continue to function in the future. Inspections requested during periods of snow cover and high soil saturation may be of questionable value to potential buyers due to adverse conditions. Evaluations based on Statements of Existing (S.O.E.) relies on information the property owner provides, under oath, indicating current status of the system and representing to the best of his/her knowledge the system is not failing to function properly. d � )(1434,,,: L�.c 7l��Tv�+� ,p (�T COLORADO OWNER: - INDIVIDUAL SEWAGE- DISPOSAL REQUEST NO.: Lam/ 'CJ SYSTEM EVALUATION mron4, Alamo, MAILING ADDRESS: &O(bW f/I SITE ADDRESS: 9U'4? Ilia LEGAL DESCRIPTION: PT: SUBDIVISION: `I �/}. LOT: BLK: FLG: y WATER SUPPLY: L1A1 V (,LieI ( tESIDENT3L/COMMERCIAL, TOTAL ACRES: 6`0 RECORDED EXEMPTI*N NO.. DATE RECEIVED: RECEIVED BY: FEE $90.00: DATE INSPECTED: PHONE : `3 Q'7 C970 1 L HIA0/6(fiL gioczon TA5ATS /CITY STATE PT: ZIP I PERMIT ON RECORD: Name; ,r0(11 SEC: Z I RNG: 57 Permit No. ::(4`—vQ(Y 7.S.O.E.: YES NO System Size: Tank: gallons Trench: square feet Bed: square feet Percolation Rate: minutes per inch Soil Type: Engineer Design: YES/NO Percent Ground Slope: Direction: The septic system identified above IS/IS NOT of sufficient size to accommodate the proposed alterations(s) indicated below to the structure(s) served by this system. CURRENT FLOW Description: Persons: Bedrooms: Bathrooms: Basement Plumbing: ADDITIONS PROPOSED TOTAL Description:! IIi(AL{�f�� Description: The existing septic system is REQUIRED/RECOMMENDED-to have the following alterations made to accommodate the proposed alterations to the structure(s) served: Neither the County of Weld nor any of its agents or employees undertake or assume any liability to the owner of the above property, to any purchaser of the above property or to any lending agency making a loan on the above property or in the report. This inspection was conducted for the purpose of determining compliance with current regulations and for detecting health hazards observable at the time of inspection. This does not constitute a warranty that the system is without flaw or that it will continue to function in the future. Inspections requested during periods of snow cover and high soil saturation may be of questionable value to potential buyers due to adverse conditions. Evaluations based on Statements of Existing (S.O.E.) relies on information the property owner provides, under oath, indicating current status of the system and representing to the best of his/her knowledge the system is not failing to function properly. Hello