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Home My WebLink About20190430.tiffRESOLUTION. RE: APPROVAL OF RECORDED EXEMPTION, RECX18-0117 - C.R. TUCKER AND ERNA TUCKER LIVING TRUST, C/O C.R. TUCKER AND ERNA M. TUCKER, AS CO -TRUSTEES WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the request for Recorded Exemption, RECX18-0117, was submitted by C.R. Tucker and Erna Tucker Living Trust, do C.R. Tucker and Erna M. Tucker, as Co -Trustees, 43268 County Road 39, Pierce, Colorado 80650, for property which is located on the following described real estate, to -wit: Part of the E1/2 of the SW1/4 of Section 29, Township 8 North, Range 65 West of the 6th P.M., Weld County, Colorado being more particularly described in the plat which shall be provided by the applicant and known as Exhibit "A," said plat to be recorded, and WHEREAS, the Board of County Commissioners, pursuant to its authority under Section 30-28-101(10)(d), C.R.S., did determine at a public meeting held in the Chambers of the Board, that a certain parcel of land, to be divided into two parcels, as shown on the plat known as Recorded Exemption, RECX18-0117, does not come within the purview of the definition of the terms "subdivision" and "subdivided land," and that the applicant, C.R. Tucker and Erna Tucker Living Trust, c/o C.R. Tucker and Erna M. Tucker, as Co -Trustees, has demonstrated to the Board's satisfaction that it has successfully addressed the requirements of Weld County School District RE -9, as stated in the referral response dated August 31, 2018, and WHEREAS, this request is to divide the property into parcels estimated to be approximately 61 acres and 5 acres. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the hereinabove described parcel of land be, and hereby is, exempt from the definition of the terms "subdivision" and "subdivided land." BE IT FURTHER RESOLVED by the Board that the application of C.R. Tucker and Erna Tucker Living Trust, c/o C.R. Tucker and Erna M. Tucker, as Co -Trustees, for Recorded Exemption, RECX18-0117, be, and hereby is, approved subject to the following conditions: 1. If residences or structures requiring water and sewer are constructed for any proposed Lot B, Weld County Septic Permits are required for septic systems and shall be installed according to the Weld County On -site Wastewater Treatment System Regulations. 2. Prior to recording the plat: CC'.PLC NI-vP'),APPL.IAPPLR .P 21211tc 2019-0430 RECX18-0117 RECX18-0117 - C.R. TUCKER AND ERNA TUCKER LIVING TRUST, C/O C.R. TUCKER AND ERNA M. TUCKER, AS CO -TRUSTEES PAGE 2 A. All vehicles located on the property must be operational with current license plates, or be screened from all adjacent properties and public rights -of -way, or be removed from the property. All other items considered to be part of a noncommercial junkyard must also be removed from the property or screened from adjacent properties and public rights -of -way. Photographic evidence of a noncommercial junkyard and derelict vehicles was obtained during a field check on October 9, 2018. B. Lot A shall comply with the one (1) acre net minimum lot size required by Section 24-8-40.L of the Weld County Code. Net acreage calculations should not include future road right-of-way. C. Lot A shall comply with the less than thirty-five (35) acre maximum lot size required by Section 24-8-10.B of the Weld County Code. Net acreage calculations should not include future road right-of-way. D. Lot B shall comply with the thirty-five (35) acre net minimum lot size required by Section 24-8-40.P of the Weld County Code. Net acreage calculations should not include future road right-of-way. 3. Items to be included on the plat: A. The plat shall be titled: Recorded Exemption No. 0551-29-03 RECX18-0117. B. A 30 -foot wide joint access and utility easement extending across Lot A from County Road 88, for the benefit of Lots A and B, shall be shown clearly on the plat. The joint easement shall be dedicated for the use as shown using the language set forth in the Weld County Code, Appendix 24-F.2. The easement shall be graded and drained to provide all-weather access. C. The applicant shall submit to the Weld County Department of Planning Services a recorded copy of any agreement signed by all of the owners of the property crossed by the access. The access shall be for ingress and egress and shall be referenced on the plat by the Weld County Clerk and Recorder's reception number. D. Show and label the preliminarily approved access point(s) and the usage type. E. County Road 88 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 at full buildout. The applicant shall verify and delineate on the plat the existing right-of-way and the documents creating the existing right-of-way. If the existing right-of-way cannot be verified, it shall be dedicated. The applicant shall also delineate the physical location of the roadway. 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. This road is maintained by Weld County. 2019-0430 RECX18-0117 RECX18-0117 - C.R. TUCKER AND ERNA TUCKER LIVING TRUST, CIO C.R. TUCKER AND ERNA M. TUCKER, AS CO -TRUSTEES PAGE 3 F. Show the floodplain and floodway (if applicable) boundaries on the plat. Label the floodplain boundaries with the FEMA Flood Zone and FEMA Map Panel Number and/or appropriate study. G. Setback radiuses for existing oil and gas tank batteries and wellheads shall be indicated on the plat per the setback requirements of 23-3-50.E of the Weld County Code. H. All recorded easements and rights -of -way shall be delineated on the plat by book and page number or reception number. 4. The following notes shall be placed on the plat: 1) All proposed or existing structures will or do meet the minimum setback and offset requirements for the zone district in which the property is located. Pursuant to the definition of setback in the Weld County Code, the required setback is measured from the edge of right-of-way or future right-of-way line, whichever is greater. No building or structure as defined and limited to those occupancies listed as Groups A, B, E, F, H, I, M and R in Section 302.1 of the 2018 International Building Code, shall be constructed within a 200 -foot radius of any tank battery or within a 15 -foot radius of any wellhead or within a 25 -foot radius of any plugged or abandoned oil and gas well. Any construction within a 200 -foot radius of any tank battery or 150 -foot radius of any wellhead shall require a variance from the terms of Chapter 23 in accordance with Subsection 23-6-10.C of the Weld County Code. 2) Any future structures or uses on the site must obtain the appropriate zoning and building permits. 3) Lot A is not eligible for a future land exemption in accordance with Section 24-8- 20.C.1 of the Weld County Code. 4) The largest lot of any recorded exemption may not be less than thirty-five (35) acres net unless approved by the Weld County Board of Commissioners in accordance with Section 24-8-40.P of the Weld County Code. 5) The property owner shall be responsible for controlling noxious weeds on the site, pursuant to Chapter 15, Articles I and II, of the Weld County Code. 6) Weld County will not replace overlapping easements located within existing right- of-way or pay to relocate existing utilities within the existing County right-of-way. 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. 2019-0430 RECX18-0117 RECX18-0117 - C.R. TUCKER AND ERNA TUCKER LIVING TRUST, CIO C.R. TUCKER AND ERNA M. TUCKER, AS CO -TRUSTEES PAGE 4 8) Access on the site shall be maintained to mitigate any impacts to the public road including damages and/or off -site tracking. 9) Prior to the release of Building Permits, the applicant shall be required to submit a complete access application for a "preliminarily approved" access location as shown on this plat. 10) 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. 11) The historical flow patterns and runoff amounts shall be maintained on the site. 12) A Flood Hazard Development Permit is required for all construction or development occurring in the floodplain or floodway as delineated on Federal Emergency Management Agency (FEMA) FIRM Community Panel Map # (08123C -0940E and 0950E, dated January 20, 2016 (Lone Tree Creek). Any development shall comply with all applicable Weld County requirements, Colorado Water Conservation Board requirements as described in Rules and Regulations for Regulatory Floodplains in Colorado, and FEMA regulations and requirements as described in 44 CFR parts 59, 60, and 65. The FEMA definition of development is any man-made change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation, drilling operations, or storage of equipment and materials. 13) FEMA's floodplain boundaries may be updated at any time by FEMA. Prior to the start of any development activities, the owner should contact Weld County to determine if the floodplain boundaries have been modified. 14) Prior to the release of Building Permits, the applicant shall submit a recorded deed describing the Lot upon which the Building Permit is requested with the Building Permit applications. The legal description on such deed shall include the Lot designation and Recorded Exemption number. 15) Prior to the release of building permits, the applicant shall submit evidence to the Department of Planning Services that Lot B has an adequate water supply of sufficient quality, quantity and dependability. 16) Building Permits shall be obtained prior to the construction of any building. Buildings that meet the definition of an Agricultural Exempt Building per the requirements of Sections 29-1-20 and 29-3-20.B.13 of the Weld County Code do not need building permits. However, a Certificate of Compliance must be filed with the Planning Department and an electrical and/or plumbing permit is required for any electrical service to the building or water for watering or washing of livestock or poultry. 2019-0430 RECX18-0117 RECX18-0117 - C.R. TUCKER AND ERNA TUCKER LIVING TRUST, C/O C.R. TUCKER AND ERNA M. TUCKER, AS CO -TRUSTEES PAGE 5 17) Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County -Wide Road Impact Fee, County Facility Fee and Drainage Impact Fee Programs. 18) 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. 19) 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. 5. The plat shall be prepared in accordance with the requirements of Section 24-8-60 of the Weld County Code. The applicant shall submit an electronic copy (PDF) of the plat for preliminary approval to the Department of Planning Services. Upon approval of the plat, the applicant shall submit a Mylar plat along with all other documentation required as conditions of approval. The Mylar plat shall be recorded in the office of the County Clerk and Recorder by the Department of Planning Services. The Mylar plat and additional requirements shall be recorded within sixty (60) days from the date the administrative review was signed. The applicant shall be responsible for paying the recording fee. 6. In accordance with Weld County Code Ordinance #2012-3, approved April 30, 2012, should the plat not be recorded within the required sixty (60) days from the date the Administrative Review was signed a $50.00 recording continuance charge shall be added for each additional three (3) month period. 2019-0430 RECX18-0117 RECX18-0117 - C. R. TUCKER AND ERNA TUCKER LIVING TRUST, CIO C. R. TUCKER AND ERNA M. TUCKER, AS CO -TRUSTEES PAGE 6 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 28th day of January, A.D., 2019 BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST:ddeifeiv ;tA Weld County Clerk to the Board BY: AP Deputy CI County - torney Date of signature: Z"12. -V 1 Mike Freeman, Pro -Tern arbara Kirkmeyet, Chair K. James Steve Moreno 2019-0430 RECX18-0117 1 PAGE OF DOCUMENT INCLUDED IN PAPER FILE. REMAINDER RETAINED ELECTRONICALLYIN TYLER. DEPARTMENT OF PLANNINu otkViCES MEMORANDUM To: Weld County Board of County Commissioners From: Maxwell Nader, Planner Subject: Waiver of Weld CoLnty School District RE -9 cash -in -lieu fees Hearing Date: January 28th, 2019 Owner: C R Tucker & Erna M Tucker Living Trust c/o C R Tucker and Erna M Tucker as co - Trustees Representative: Kreps Wiedeman c,'o Robert Kreps Legal Description: Being a part the E2 of the SW4 of Section 29, T8N, R65W of the 6th P.M., Weld County, CO Location: Approximately a quarter of a mile east of Weld County Road 39; north of and adjacent to Weld County Road 88 Parcel Numbers: 0551-29-0-00-030 Zone District: A (Agricultural) Narrative: RECX18-0117 was approved administratively on October 23, 2018; this case is a two -lot recorded exemption owned by C R Tucker & Erna M Tucker Living Trust c/o C R Tucker and Erna M Tucker as co -Trustees. The applicant does not want to complete a condition of approval which requires the request be forwarded to the Board of County Commissioners with a recommendation for denial. This hearing is to consider waiving Condition of Approval item number 2.A addressing the cash -in -lieu (CIL) of dedication fees for Weld County School District RE -9. The Department of Planning Services staff has reviewed this request and recommends that this request be denied. As stated, RECX18-0117 was approved administratively on October 23, 2018; this is a two -lot recorded exemption and is owned by C R Tucker & Erna M Tucker Living Trust c/o C R Tucker and Erna M Tucker as co -Trustees. Item number seven (7) in the RECX18-0117 staff report states: "If the exemption plat has not been recorded within sixty (60) days from the date the administrative review was signed, or Board of County Commissioners resolution, or if an applicant is unwilling or unable to meet any of the conditions within sixty (60) days of approval, the application will be forwarded to the Board of County Commissioners with a staff recommendation for denial. The Director of Planning Services may grant an extension of time, for good cause shown, upon a written request by the applicant." The applicant has indicated to Planning Staff that they do not want to comply with the condition of approval that requires a cash -in -lieu of dedication fee for Weld County School District RE -9. This condition is included as item number 2.A in the respective staff report. This condition of approval states: 2019-0430 � � a 8' RECX18-0117 CIL BOCC Memo I Tucker Page 1 of 2 RtCJC(8-o ti "The applicant shall address the requirements of Weld County School District RE -9, as stated in the referral response dated August 31st, 2018. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services." This referral requires the applicant to pay a cash -in -lieu (CIL) of dedication fee to account for potential student growth that may impact the School District. CIL fees are charged on a per lot basis for new lots created by a land division process. The County does not collect or charge the fees as they are a requirement from a third -party referral agency. However, this is a standard comment that is received from school districts throughout Weld County and as such, is enforced on all recorded exemptions which create lots. The range of CIL fees assessed by Weld School Districts range from $657 to $2240. RE -9 is requesting $1,099 per new residential lot for a total of $1,099 for RECX18-0117. All new lots, including the subject lot created by the pending recorded exemption are assumed to be buildable lots and the CIL fee is an appropriate condition of approval for this case. The applicant does not want to pay the School District CIL fees, as stated in their letter dated November 30th, 2018. The applicant states that while there is a net increase of one lot from RECX18-0117, proposed Lot B is intended to remain as agricultural farmland and no new residences are proposed at this time. The applicant has stated their wish to place a deed restriction on the proposed Lot B, to prevent residential development and thus a CIL fee should not be required. However, a deed restriction cannot be enforced by the County and is not considered a suitable option. Additionally, all the lots are legal, separate and conveyable lots that may be sold and developed at any time. Including residential development which is a use by right in the agricultural zone. Furthermore, the Weld County Building Department does not collect CIL fees at the time a building permit is applied for and the only time that a CIL fee will be assessed and collected is during the creation of the lot. If the fee is not collected at this time, Weld County Planning and Building will not verify that the fee has been paid. Alternately, the applicant may work with the School District to revise the referral. If a separate third -party agreement is reached that delays payment or waives the payment, Weld County Planning would have not opposition and would support the agreement. Staff contacted the school district and made them aware of this denial and that the recorded exemption will be taken before the County Commissioners for consideration. As a result, Planning staff is sending this previously administratively approved case to the Board of County Commissioners with a recommendation for denial. The subject of the denial hearing is to review condition of approval items 2.A. The Board shall either waive or keep the conditions of approval based on the School District referral which requires the CIL fee payment. If the CIL fee conditions of approval are waived, the applicant shall complete the remaining conditions of approval stated in the staff report and work with Planning staff to complete a draft plat map. Upon approval of the map, the recorded exemption plat shall be signed by the property owner and submitted for recording to the Weld County Department of Planning Services. RECX18-0117 CIL BOCC Memo I Tucker Page 2 of 2 August 24, 2018 DEPARTMENT OF PLANNING SERVICES 1555 N 17th AVE GREELEY, CO 80631 WEBSITE: www.weldgov.com E-MAIL: mnader@weldgov.com PHONE: (970) 400-400-3527 FAX: (970) 304-6498 ROBERT KREPS 2221 2ND AVE GREELEY, CO 80631 Subject: RECX18-0117 - TWO LOT RECORDED EXEMPTION On parcel(s) of land described as: 14724-B PT SW4 SECTION 29 T8N R65W PARCEL LYING E COLLINS LATERAL AS DESC IN BK 687 REC #1609342 03-19-73 (63.9A M/L) 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: Ault at Phone Number 970-834-2844 Pierce at Phone Number 970-834-2851 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, Maxwell Nader Planner DEPARTMENT OF PLANNING SERVICES 1555 N. 17th Avenue Greeley, Colorado 80631 Website: www.weldgov.com Email: mnader@weldgov.com Phone: (970) 400-3527 Fax: (970) 304-6498 October 23rd, 2018 C R Tucker and Erma M Tucker Living Trust do Charles Tucker 43268 CR 39 Pierce, CO 80650 Subject: Recorded Exemption RECX18-0117 Parcel ID #: 0551-29-0-00-030 Dear Mr. Tucker, The Department of Planning Services has reviewed your application and related materials for compliance with the Weld County Code. We find that your proposed Recorded Exemption meets the intent of the Code and it has been conditionally approved by staff. We have enclosed our comments for your case. Please address all issues identified in the staff comments. Prior to submitting the Mylar, please submit an electronic draft (PDF) of your plat for review by the Department of Planning Services staff. Upon approval of the draft plat please submit a Mylar plat along with all other documentation required as conditions of approval. The Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder by Department of Planning Services Staff. The plat shall be prepared in accordance with the requirements of Section 24-8-60 of the Weld County Code. The Mylar plat and additional requirements shall be submitted within sixty (60) days after the date the Administrative Review was signed or after the date of the Board of County Commissioners resolution. There is a $13 dollar recording fee per Mylar sheet that you will be responsible for paying to record the plat; additional pages are $10 each. In accordance with Weld County Code Ordinance 2005-7 approved June 1, 2005, should the plat not be recorded within the required sixty (60) days from the date the Administrative Review was signed a $50 recording continuance charge shall be added for each additional 3 -month period. Please contact me with any questions. Regards, 2 77 /%/ 7 // Maxwell Nader, Planner I RECX18-0117 Page 1 of 7 DEPARTMENT OF PLANNING SERVICES RECORDED EXEMPTION ADMINISTRATIVE REVIEW Applicant: C R Tucker and Erna M Tucker Living Trust c/o Charles Tucker RECX18-0117 Planner: Maxwell Nader Legal Description: Being a part the E1/2 of the SW 114 of Section 29, T8N, R65W of the 6th P.M., Weld County, CO Parcel ID #: 0551-29-0-00-030 Lot A Size: ± 5 acres Lot B Size: ± 61 acres Water Source: Lot A: NWCWD tap: #1430002 Lot B: Proposed NWCWD Tap Sewer System: Lot A: Septic: #G19732486 Lot B: Proposed Septic Criteria Checklist Yes No X 1. Conforms with Chapter 22 of the Weld County Code and any adopted municipal plan. X 2. Compatible with the existing surrounding land uses. X 3. Consistent with the intent of the zone district. X 4. Consistent with efficient and orderly development. X 5. Complies with Recorded Exemption standards in Section 24-8-40 of the Weld County Code. X 6. Provides for adequate protection of the health, safety, and welfare of the inhabitants of the neighborhood and the County. Approved with Conditions The Weld County Department of Planning Services has determined through an administrative review that the standards of Section 24-8-40 of the Weld County Code have been met. This Recorded Exemption is approved with the following conditions in accordance with information submitted in the application and the policies of Weld County. 1. If residences or structures requiring water and sewer are constructed for any proposed Lot B, Weld County Septic Permits are required for septic systems and shall be installed according to the Weld County On -site Wastewater Treatment System Regulations. 2. Prior to recording the plat: A. The applicant shall address the requirements of Weld County School District RE -9, as stated in the referral response dated August 31St, 2018. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. B. All vehicles located on the property must be operational with current license plates, or be screened from all adjacent properties and public rights of way, or be removed from the property. All other items considered to be part of a noncommercial junkyard must also be removed from RECX18-0117 Page 2 of 7 the property or screened from adjacent properties and public rights -of -way. Photographic evidence of a noncommercial junkyard and derelict vehicles was obtained during a field check on October 9th, 2018. C. Lot A shall comply with the one (1) acre net minimum lot size required by Section 24-8-40.L of the Weld County Code. Net acreage calculations should not include future road right-of-way. D. Lot A shall comply with the less than thirty-five (35) acre maximum lot size required by Section 24-8-10.B of the Weld County Code. Net acreage calculations should not include future road right-of-way. E. Lot B shall comply with the thirty-five (35) acre net minimum lot size required by Section 24-8- 40.P. of the Weld County Code. Net acreage calculations should not include future road right- of-way. 3. Items to be included on the plat: A. The plat shall be titled: Recorded Exemption No. 0551-29-03 RECX18-0117 B. A 30 -foot -wide joint access and utility easement extending across Lot A from County Road 88, for the benefit of Lots A and B, shall be shown clearly on the plat. The joint easement shall be dedicated for the use as shown using the language set forth in the Weld County Code, Appendix 24-F.2. The easement shall be graded and drained to provide all weather access. C. The applicant shall submit to the Weld County Department of Planning Services a recorded copy of any agreement signed by all of the owners of the property crossed by the access. The access shall be for ingress and egress and shall be referenced on the plat by the Weld County Clerk and Recorders reception number. D. Show and label the preliminarily approved access point(s) and the usage type. E. County Road 88 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 at full buildout. The applicant shall verify and delineate on the plat the existing right- of-way and the documents creating the existing right-of-way. If the existing right-of-way cannot be verified it shall be dedicated. The applicant shall also delineate the physical location of the roadway. 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. This road is maintained by Weld County. F. Show the floodplain and floodway (if applicable) boundaries on the plat. Label the floodplain boundaries with the FEMA Flood Zone and FEMA Map Panel Number and/or appropriate study. G. Setback radiuses for existing oil and gas tank batteries and wellheads shall be indicated on the plat per the setback requirements of 23-3-50.E of the Weld County Code. H. All recorded easements and rights -of -way shall be delineated on the plat by book and page number or reception number. 4. The following notes shall be placed on the plat: 1) All proposed or existing structures will or do meet the minimum setback and offset requirements for the zone district in which the property is located. Pursuant to the definition of setback in the Weld County Code, the required setback is measured from the edge of right-of-way or future right-of-way line, whichever is greater. RECX18-0117 Page 3 of 7 * No building or structure as defined and limited to those occupancies listed as Groups A, B, E, F, H, I, M and R in Section 302.1 of the 2012 International Building Code, shall be constructed within a 200 -foot radius of any tank battery or within a 150 -foot radius of any wellhead or within a 25 -foot radius of any plugged or abandoned oil and gas well. Any construction within a 200 -foot radius of any tank battery or 150 -foot radius of any wellhead shall require a variance from the terms of this Chapter in accordance with Subsection 23-6-10.C of this Code. 2) Any future structures or uses on site must obtain the appropriate zoning and building permits. 3) Lot A is not eligible for a future land exemption in accordance with Section 24-8-20.C.1 of the Weld County Code. 4) The largest lot of any recorded exemption may not be less than thirty-five (35) acres net unless approved by the Weld County Board of Commissioners in accordance with Section 24-8-40.P. of the Weld County Code. 5) The property owner shall control noxious weeds on the site. 6) Weld County will not replace overlapping easements located within existing right-of- way or pay to relocate existing utilities within the existing County right-of-way. 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) Access on the site shall be maintained to mitigate any impacts to the public road including damages and/or offsite tracking. 9) Prior to the release of building permits, the applicant shall be required to submit a complete access application for a "preliminarily approved" access location as shown on this plat. 10) 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. 11) The historical flow patterns and runoff amounts shall be maintained on the site. 12) A Flood Hazard Development Permit is required for all construction or development occurring in the floodplain or floodway as delineated on Federal Emergency Management Agency (FEMA) FIRM Community Panel Map # 08123C -0940E and 0950E dated January 20, 2016 (Lone Tree Creek). Any development shall comply with all applicable Weld County requirements, Colorado Water Conservation Board requirements as described in Rules and Regulations for Regulatory Floodplains in Colorado, and FEMA regulations and requirements as described in 44 CFR parts 59, 60, and 65. The FEMA definition of development is any man-made change to improved or unimproved real estate, including by not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation, drilling operations, or storage of equipment and materials. 13) FEMA's floodplain boundaries may be updated at any time by FEMA. Prior to the start of any development activities, the owner should contact Weld County to determine if the floodplain boundaries have been modified. RECX18-0117 Page 4 of 7 14) Prior to the release of building permits, the applicant shall submit a recorded deed describing the Lot upon which the building permit is requested with the building permit applications. The legal description on such deed shall include the Lot designation and Recorded Exemption number. 15) Prior to the release of building permits, the applicant shall submit evidence to the Department of Planning Services that Lot B has an adequate water supply of sufficient quality, quantity and dependability. 16) Building permits shall be obtained prior to the construction of any building. Buildings that meet the definition of an Ag Exempt Building per the requirements of Section 29- 1-20 and Section 29-3-20.B.13 of the Weld County Code do not need building permits, however, a Certificate of Compliance must be filed with the Planning Department and an electrical and/or plumbing permit is required for any electrical service to the building or water for watering or washing of livestock or poultry. 17) Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County -Wide Road Impact Fee Program. 18) Building Permits issued on the proposed lots, will be required to adhere to the fee structure of the County Facility Fee and Drainage Impact Fee Programs. 19) 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. 20) 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 RECX18-0117 Page 5 of 7 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 35-3.5-102, 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. 5. The plat shall be prepared in accordance with the requirements of Section 24-8-60 of the Weld County Code. The applicant shall submit an electronic copy (PDF) of the plat for preliminary approval to the Department of Planning Services. Upon approval of the plat, the applicant shall submit a Mylar plat along with all other documentation required as conditions of approval. The Mylar plat shall be recorded in the office of the County Clerk and Recorder by the Department of Planning Services. The Mylar plat and additional requirements shall be recorded within sixty (60) days from the date the administrative review was signed. The applicant shall be responsible for paying the recording fee. 6. In accordance with Weld County Code Ordinance 2005-7 approved June 1, 2005, should the plat not be recorded within the required sixty (60) days from the date the Administrative Review was signed a $50.00 recording continuance charge shall be added for each additional 3 -month period. 7. If the exemption plat has not been recorded within sixty (60) days from the date the administrative review was signed, or Board of County Commissioners resolution, or if an applicant is unwilling or unable to meet any of the conditions within sixty (60) days of approval, the application will be forwarded to the Board of County Commissioners with a staff recommendation for denial. The Director of Planning Services may grant an extension of time, for good cause shown, upon a written request by the applicant. RECX18-0117 Page 6 of 7 By: Date: October 23'd, 2018 Maxwell Nader, Planner I RECX18-0117 Page 7 of 7 CASE NUMBER: RECX1S-0117 APPLICANT: CHARLES TUCKER PLANNER: MAXWELL NADER REQUEST: WAIVER OF WELD COUNTY SCHOOL DISTRICT RE -9 CASH -IN -LIEU FEES LEGAL DESCRIPTION: BEING A PART THE E2 OF THE SW4 OF SECTION 29, T8N, R65W OF THE 6T" P.M., WELD COUNTY, CO LOCATION: APPROXIMATELY A QUARTER OF A MILE EAST OF WELD COUNTY ROAD 39; NORTH OF AND ADJACENT TO WELD COUNTY ROAD 88 ZONING ceft II - -1 f r WC R 36 I • g VCR P1 wcCR 99 ("44 44 b II N EXEMPTIONS rn RE -2105 LOT B RECX14-9031 LOT B X14-ODB1 0T RE -1294 LitT A 2 RE -1294 LOTS RE -2732 1-c r : RE -2412 LOT B Af41 RE -174O LOT E RE -2.014 LOT B :X17-022:2 LOTS RE -941 LOT B 35:8 A RE- 444 Inr& RE -407 LOT B 407 r ma T 1 RE -898 CORRECTED LCTB RE -89$ CORP. EE TED RE -2732 LLOTA RE -.A732 LOT B RE -2412 LOTA RE -5'079 LOTS RE -142 PARCEL A RE -T:20 LC: T RE -5030 LOT B ;,11d R E-858 LOTB RE -434 LOT B REC }13-Th I '—' LOT D I REED 14-0110 LID TA RECX13-0122 RE -8E8 ' LOT B LOTA RE13-012: LOT RE -4341 T .:, r, • • Im cc •t] R F- greTS R F- 41 €',7 L T A Lv T RE -775 LO TA RE0XC15-0007 LOTA ILEC:X11-00'3.1 E-=.05.8RE`4O58 LOTA LOT LOTS RE -40.2 LOT Cy AI41F0E-18;80 RE -54}79 LTA LOTS RE- 5078 LOT C RE -41437 LOT RE -FE. LOTS RE -4454 L) T B E:E-15gc LO'T A RE -1458 RE -2035 L= T PI LO T RE5Cr L T A RE -2E07 C07 LOTS RE -p. LOT 1MIlia _ RE -1253 LOT S RECX13.-01 23 LID T ECX14-0384 VI LOT E- h"_' CR B RE-itaE, LET AM R E-1$07.7 R.ECX1 23 LOT 41 LO r s : RE- 24 82 RE 7A LOT LOT .A RE -24082 LOTS RE -25$' LOTE RE -2 LOT Ah1 RE -121 L1 T RE -458'9 .A.1.:1 RE -2792 LOTS RE -46830 RE_792 LC T B - 4 mil V LOTA E-458 RE -31!e LOTA RECX14-O084 JOTS N 65W 31 WIN 2 RE -25D 7 L)TE 17 $ RECX1 r-0029L0TA LOT v RECX1 r-00_9 LO T D LCITA RE -4800 LOT B REt1e7 RECX15-O1:0 L1 T u Lan, RE -1'01 LIMA I RE -504e LC; TA. RE -x+191 L -241-A. R E.YX 5-0005 L'CfTA REG RECX15-woe LOTS 1 is -223-- J It:+T:� dE-32435 •LOTS 8N65W R L. L J 12-0852 LOT AM RE -7-70 LOT E RE -372 LOTS RE -325 LOT G RECX1 5 X00.01 LOT B RECX12-00O2 AM R E-3544 LOTA LOTA R.E-.^n$0+4 LOTA RE -2982 LOTS RE -27 I LOT A RE -1702 LIB TA RE- it e ' LOIT A RE -3:25S REC 18-0004 LOT E REO5-111 -��T.h RE -4923 LOT B Q1N65W 5 RE- 4923 LOTA RE -17,02 LOTS 0&N65W 21 LOTA RE -17O0 LOT B. RE:r 51N RE -3034 LOT B <13- 00 3.5 0 TA I AM RE -113.07 LOTS PE- °i i0 AMRE-1'9i0r LO TA LOTA RE- (MO LOT B. I E -1-8F L:) T RE -303. L1; TA RECX1?room RE -a LOT S LO AM RE -3721 IOTA LOT , R E•C:XI18-00 0 4 LOT A RE -4018 LOT D RE -4559 WI D RE 321 LOT RE- ,51.8 LCT.'A. RE -4518 LOT RE -4815 LOT C RE -11.8 LOT E R EOX I.5 -'003T LOTA RECX15-O0'37 RE -887 LATE FAR CEL A 13 B 3 RE -3717 LC Tr. RE -887 -- -PAR- ELB----- AP,1 ,E-21'04 LTA RE -'92l R E -92A LOT A LOTS AM RE -2704 LOT Bt RECX1 3131 LOT R : 28;8'0 +TA RE- 4559 LOTC RE -4E 59 RE -233S LOTA L.1 T.. REC X18 00003 LO TA RE -4559 LOTS RE- 4588 Lv-0T I RE -1043 a - REDO 3-0101 LOT RE -4588 LOT B LeTA-----Rt-zr - - RECX18 0.00'x, PAR CELA LOT RECX18-O010 3 LOT Ca RE RE -2722 PARCEL B 2552 RE -2552 LUTE 5W RE -?08 LO TA. RE -758 558 LOTS R P P NI Item number (9) in the RECXI8-0117 staff report states: "If the exemption plat has not been recorded within sixty (60) days from the date the administrative review was signed, or Board of County Commissioners resolution, or if an applicant is unwilling or unable to meet any of the conditions within sixty (60) days of approval, the application will be forwarded to the Board of County Commissioners with a staff recommendation for denial. The Director of Planning Services may grant an extension of time, for good cause shown, upon a written request by the applicant." The applicant is unwilling to meet Condition of Approval item number 2.A in the respective staff report. The Department of Planning Services staff has reviewed this request and recommends that this request be Denied for the following reasons: The applicant is unwilling to meet Condition of Approval item number 2.A in the respective staff report, which states: "The applicant shall address the requirements of Weld County School District RE -9, as stated in the referral response dated August 31, 2018. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services." The owners request removal of 2.A because: There are two existing pivots on this property needed for the dairy feed production and manure disposal. The acreage is also needed to maintain future herd growth of the dairy. LOOKING NORTH FROM CR 88 (LOT A) LOOKING WEST FROM CR 88 (LOT A) LOOKING SOUTH FROM CR 88 (LOT A) LOOKING EAST FROM CR 88 (LOT A) LOOKING NORTH ON LOT B RECORDED EXEMPTION (RECX} APPLICATION DEPARTMENT OF PLANNING SERVICES * 1555 N. 17TH AVENUE * GREELEY, Co 80631 www .weldgov.canl 970-400-6100 " FAX 970-304-6498 FOR PLANNING DEPARTMENT US€: AMOUNT to'a APPLICATION RECEIVED BY: Parcel Number '0 5 5 1 _ 2 9_ 0 _ 0 0 0 3 0 DATE RECEIVED: CASE ## ASSIGNED: PLANNER ASSIGNED: *IA (12 digit number - found on Tax I.D. information, obtainable at the Weld County Assessor's map found at www.weedgou.com) Leal Description Pt of the SW 1/4 } Section 29 Township 8 North, Range 65 West Has the property been divided from or had divided from it any property(ies) since August 30, 1972? YES II NO Is the property located in a loodplain? YES 0 NO I Unknown .II Is the property located in a geohazard area? YES F NO I Unknown ri FEE OWNER(S) OF THE PROPERTY: Name: C R Tucker & Erna M Tucker Living Trust Company: Phone #: 970-302-0681 Email' GRAHARIBQGREELEYNETCOM Address : 19553 CR 88 DityiSta.tefZip Code: Pierce co 80650 FEE OWNER (cont.) or APPLICANT: Name: C R Tucker Company: Phone #: 970-302-0681 Email: GRAHAMB@GREELEYNELCOM Address : 19653 CR 88 City/stateiZip Code: Pierce GO 80650 AUTHORIZED AGENT*: Name: Robert D Kreps Company: Kreps-Weciernan Phone #: 970-396-4417 Address : 2221 2nd Ave Email: robenkreps36@igmail torn City/State/Zip Code: Greeley, CO 80631 "Authorization Form must accompany all applications signed by an Authorized Agent smallest Lot A lot Lot B Lot C Lot D Proposed Use (1.e. Ag Ides) or Residential AG Proposed Acreage 5 60 Address s53 CR 88 Pierce I (We) request that the above described property be designated a Recorded Exemption by the Weld County Board of County Commissioners. 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 tothe best of my (our) knowledge. Signatures of all fee owners of property must sign this application. If an Authorized Agent siigns, a letter of authorization from all fee owners must be included with the application. If a corporation is the fee owner, notarized evidence must be included owing the,, gnato as the legal authority to sign for the corporation, 4./.7 ignature: Owner or Authorized Agent Date i� I "rent: (Owner br Authorized Agent Signature: Own y jfiiV, 1 r or uthorized Agent Date /7(7 :reiviS Print: Owner or Authorized Agent *if an Authorized Agent signs, a fetter of authorization from all fee owners must be included with the application.. If a corporation is the fee owner, notarized evidence must be included showing the signatory has the legal authority to sign for the corporation. Page 16 (Owner — please print) DEPARTMENT OF PLANNING AND BUILDING DEPARTMENT OF PUBLIC HEALTH AND ENVIRONNMENT 1555 NORTH 17T" AVENUE GREELEY, CO 80631. AUTHORIZATION FORM give permission to (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: _1L sus j e.,R axt" 055(2 q 000.0 30 Legal Description: 1111 Subdivision Name: of Section 2 9 Township N, Range �:.r" w Property Owners Information: Address: ge". Lot Block 'nick?? etivf Rae Phone: E-mail: Authorized Agent Contact Information: X 12/ Address: Phone: /take 0;07 E -Mail: ro ioai/kl≥/2'S?b &9�tt "•ide7/91 Correspondence to be sent to: Owner Authorized Agent A Both I by Mail Email Additional Info: Owner Signature: Owner Signature: Date: bp -se 2?161 _I 5 Date: RECORDED EXEMPTION (RECX) QUESTIONNAIRE ++++ Please type or print your responses to the following questions below and use a separate sheet of paper if needed. +++++ 1, Domestic/Potable water: Describe the water supply and provide evidence of sufficient quality, quantity and dependability for all lots, A letter from a water district, municipality, or a well permit is examples of evidence of domestic/potable water. Ifutilizing a drinking water well include either the well permit number and/or the well permit application that was submitted to the State. If sharing a well a shared well agreement is required. If on public water include a Better from the Water District, a tap or meter number, or a copy of the water bill. (Example - "Water will be provided by the 123 Water Company, a tap agreement has been purchased and a copy of the receipt is attached." or "Water will be provide by a well Well Permit # 12345 is attached." or "Water bill from XYZ Water Comnanv is attached". Lot A Water Source North Weld Water tap 1430002 Lot B Water Source Proposed North Weld Water Tap Lot C Water Source Lot D Water Source 2. Irrigation water: State the type and quantity of irrigation water to the site or when irrigation water has been removed from the site (Example - "Four (4) shares of ABC Ditch Company Water will remain with the site, a copy of the purchase agreement addressing this item is attached," or "The parcel was purchased with no water riohts."3 There is no water rights with this parcel 3. Adequate means for the disposal of sewage: If utilizing an existing septic system provide the septic permit number. If there is not a permit due to the age of the existing system, apply for a septic permit/documentation through the Department of Public Health and Environment prior to ssu brn ittin g this application. If a new septic system will be installed please state that a new septic system is proposed. A copy of the septic permit or a letter from the sewage disposal facility must accompany the application. (Example - "'Sewer service wiNl be provided by Anytown Sewer and a Commitment to Serve letter from Anytown is attached." or "A Septic system will be designed, constructed and permitted according to Weld County septic requirements." or "A copy of the existing Septic Permit #1236789 is included with the application,") Lot A sewage disposal Existing septic, permit attached Lot B sewage disposal Proposed septic Lot C sewagedisposal Lot D sewage disposal Page 17 Describe how the property is being used.. (Example - "The parcel has one house, one mobile home for the hired hand permitted under Mobile Home Permit # ZPMH-123, two barns, and one loafing shed. The north half is currently used for pasture for one -hundred head of cattle and ten horses. There is an oil and gas well head and tank' battery in the northeastern corner. The south half of the property is flood irrigated and currently planted in alfalfa.") Property has a modular home. 1152 sq. ft_ building, a 1440 sq. ft. building, and a 1890 sq. ft.. buildings and shop. This parcel is irrigated together with the owners adjoining property but there is no irrigation water owned on this parcel There is a small center pivot sprinkler on the property. 5_ Describe the vehicular access to the new and existing lots? (Example — "Each lot will have individual driveways off of County Road 72" or "All lots will share the existing access point off of County Road 591 Both lots have existing access off of CR 88 Describe the location, size, of the new lots). (Example - "The property will be split into one five (5) acre lot and one 40 acre lot.") The small lot will consist a approximately 5 acres which will be used as a rural residence and the large lot will consist of approximately 60 acres of farm land. 7. Describe any unique physical characteristics on the site, if applicable such as rock outcroppings, hills, ditches. Exam le - ;'The ABC ditch runs diagonally across the southeastern quarter of the property.") There are no unique physical characteristics on site It there a business or Use by Special Review permit on the property? Y N UNKNOWN If YES, will it be vacated or remain on the Recorded Exemption lot(s)? (Example - "USR 12-1234 for my concrete business will be vacated as my son is moving the business and equipment to his property outside of Weld County.") The small lot will be uses as a residential home and the large lot will be use as agriculture Page 18 Re; 19553 CR 88 and 43268 CR 39 CR Tucker and Erna Trucker Trust We ae considering selling our dairy operation but wish to retain our personal residence on the above referenced addresses . CR 19553 CR 88 Parcel #055129000030 This parcel consist of approximately 65 acres mil. There is a modular home, and several out buildings and a shop where 1 use to restore cars and equipment as my hobby. We would exempt approximately 5 acres and improvements which would leave approximately 60 acres of farm land. The farm has a center sprinkler system but there is no irrigation water with this faun. The irrigation water is furnished from another source. The access to the improvements are on the far east portion of the property and It doesn't appear to be ample room to access the farm from that point. ACREAGE WAIVER FORM I have been informed by the Weld County Planning Department that the Recorded Exemption process requires inclusion of [80/122] acres. I am aware that the inclusion of the entire acre parcel into this Recorded Exemption is not necessary at this time. I understand that by including the entire acre parcel into this Recorded Exemption, rather than doing a Recorded Exemption on the 180/122] acre parcel, I waive my opportunity to further divide my property without utilizing the Recorded Exemption process. I have been informed that I am eligible to apply for a Subdivision Exemption in conjunction with this Recorded Exemption. I wave my opportunity to obtain an additional lot utilizing the Subdivision Exemption process. [Applicable if this is the first recorded exemption on the property and there is a second set of improvements on the parcel. Read other section of code for Subdivision Exemption eligibility prior to 1992] I have been informed by the Weld bounty Planning Department that the Recorded Exemption process allows for [three/four] lots. I am aware that this Recorded Exemption is for ..,, [two/three] lots and that by not including the 3 [third/fourth] lot I waive my oppoilunity to create additional lots until such time that I may byeligible again to further divide my property by utilizing the Recorded Exemption process of the Weld County Code. Signatures of all fee owners of property must sign this application or if an Authorized Agent signs, a letter of authorization from all fee owners must be included with the application, If a corporation isthe fee owner, notarized evdence must be included showing the signatory has the legal authority to sign for the oorporat . n.. r .r igrrature: Owner or Authorized Agent Date a It c/c-- Print: Owner or Authorized Agent gnaiturd Ow or A ed Agent " Date 104 r / ie Ode 9 Print: Owner or Authoriz:edxAgent The foregoing instrument was subscribed and sworn to me this WITNESS my hand and official seal. Notary Page 15 day of , 2O 4i A 14. 4 D Appliu-a wner S ELD COUNTY HEALTH DEPARTMENT 1555 17th Ave, Greeley, , Colorado Ph, 353-0540 -sernii : to Install, Construct, Alter or Repair i n d iivi di aid s Le :al Desciriptic .r Direction 4. 1 ..G t M,1. No.. °wage Disposal 'System., � "Thor e General. Information, Living Units No, u1. Bedrbo _ r • No. of 'Baths Basement Drain A It Bishwasher.:. r+M- Ga;ftmge D•i sposal ,atta. ..,4, j Automatic Lt unM *' Size of Lot lye .of S i l Percolation Test Water . Sup 1y ' 'Lot:Grade title Water • Table Depth Ater. *,r' -'"tea,,,° t. ,. O1 .40 Sm"? - scptwk Tank Liquid Capacity I ?SD Dirnensi0n13 W Mat e dd al Type Inlet Type Outlet 1.-flett Mina Gallons a Secondary Treatment Field : ,� if Bed 1. No. of distribution linesz 2, Trench: Width Length 3. The Filler Material 4 Depth of Filler Material - 5. Gravel Size '6. Type Tile 7, Depth of Cover . Other AltatItt- Permit 1H. to remain in full force and effect. for six• (6) months Hfrom dude,- until •rev'olked • for moi-eomplianee: p 'Tst l \\a ber. iustructod in accordmac e, with .the. tibove .specifications and 'eg llat'ions :governing nein- r G ; i �Y aesvage disposil systems,: in. accordance ...with Regulation N . )artmcnt.. O -crier cannot ti tnsfer permit Date; and specif ` i ir Own er 5.. .of the Weld •t ounty'Health Applicant: at ions as shown are approved, pending payment of perm Sanitarian: Date :' fee . t F The above system inspected and found to comply with the plan and description. Installed by FERN FEE Received by Please use reverse side for tea c Date: t � lain or use separa sheet of paper. Date er- i13PMu AVM _l* Till•' NL go NORTH WELD COUNTY WATER DISTRICT 32825 CR 39 • LUCERNE. CO 140646 P.C O. BOX 56 • BUS: 970-356-3020 • FAX; 970-395-0997 Vt so, t.k. LA.URCa • EMAIL: WATER2NWCWD.ORG CR & Erna Tucker Living Trust 43550 WCR 39 Pierce. CO 80650 970,834.2525 Bob Kreps 2221 2ra Ave. Greeley, CO 80631 970.356.394.3 August 17, 2018 Subject; Water Service Request, Tucker Property, proposed 2 Lot RE This letter is in response to your inquiry regarding water service to the following described property - Approximately 19481 'NCR 88, Proposed Lot 8 in a portion of the SW 'fa of Section 29, TBN., R65W of the 6m Prime Meridian Parcel 0551290:0030 (See attached North Weld County Water District sketch) In order to support the applicant with obtaining water service, the applicant should understand the following: 1. Water Service is presently being provided to the above mentioned property through Meter 1430 located at 19533 WCR 88. also known as Proposed Lot. B. 2. North Weld County Water District (District) is able to provide water service to the above described property, contingent upon all .requirements of the District being satisfied. If all District requirements, including all contracts, have not been satisfied anyd completed with the District within one year (12 months) of he date of this letter, the District may refuse to supply water to the above described property. After one year, it should be understood th at the District reserves right to refuse water service. if raw water is unavailable, and/or pipeline or water treatment capacity is not capable of providing water service to the above -described property. 3. Before a water tap may be purchased, the applicant must provide a copy of a Warranty Deed_ a Physical Address, and this letter: 4. The applicant must sign and execute any and all necessary Easement and Rights -of -Way Agreernennts regarding specific locations, widths, size of pipeline(s)i and descnptions for th.e Line Extension as determined Ire ;District. Providing water service to the above described propeny is contingent upon execution and recording of the Easement and Right- of-VVay Agreements. Unfit such Easement anal Rig ht -©f -Way Agreements are finalized and recorded to the satisfaction of the District, the District will not initiate the design or construction of the Line Extension needed to provide water service to the above -described properly. 5. Based on the number of family members and livestock along with other pertinent information provided on the Water Tap Request Form, the District recommends the applicants irrigated landscaping square footage not exceed 6,QO0 square feet. This recommendation is based on the Full Standard Tap ancestry ry and should be used to optimize delivery without surcharge. Should the applicant desire to irrigate a larger landscaped area, the District recommends the applicant purchase an additional allocation. The District recommends that the applicant's needed raw water be purchased through the District. Upon tkme applicant satisfying ail of the District's water service requirements, the District will treat and deliver water purchased. All water that is delivered over the allocation (with surcharge) will be subject to water availability:. 7. Water purchased, treated, and delivered to the applicant by the District shall be 70% of an .acre-foot of water. This delivery amount is contingent upon a 50% or greater allotment for Colorado -Big Thompson (CAT) project water, which is determined by the Northern Colorado Water Conservancy District. The District will restrict water delivery to the applicant as necessary when the CET allotment is less than 50%. A portion of the Raw Water Fee is used by the District to fund the construction of water storage reservoirs. 8. The District's water tap optiors are shown in Table No. 1 included with this letter. 9. The Districts current tap fees are shown in Table No. 2. included with this letter. The District's tap fees shall be valid for ten (1 0) tau sin ess days from the date the applicant receives this letter. The tap fees must be paid with in the ten (10) business days of letter receipt. After ten (10) business days of letter receipt, tap fees will be subject to the 'then in effect rates' (current cost) established by the District The District is not respcnsible for notifying individuals, banks, lenders, prospective buyers, real estate agents or anyone else, in any manner, of a change of rates and/or tees. 1C. The Meter Set Fee is valid only for the location shown on the attached nap (Exhibit A). After the water tap has been purchased (Raw Water AFU & Plant investment Fee), the applicant has one (1) year (12 months) in which to have the meter set. The District requires 45 days advanced notice to set the meter. If the meter has not been set within 12 months from the purchase date and the applicant requests to relinquish the meter. the District shall refund the applicant NORTH WELD COUNTY WATER DISTRICT 32825 CR 39 • LUCERNE, CO 80646 PrO, BOX 56 • BUS: 970-356-3020 * FAX.: 970-395-0997 . N WCW WJR(; • EMAIL: WATER@1sIWCWD.ORG 98% of the purchase price paid by the applicant, if the meter remains unset for 13 to la months after the purchase date and the applicant requests to relinquish the meter, the District shall refund the applicant 90% of the purchase price paid by applicant. If the applicant does not choose to relinquish the meter resin 12 months of the applicant purchasing the meter and the meter remains onset, the account will begin to be billed the minimum anonf * amount. 11, The District's current usage rates and tees are shown in Table No 3 included with this Fetter. 1 z. Water Surcharge. Water surcharge fees will be assessed when an account's year to date usage exceeds the annual water allotment. The District's current surcharge rate is $2.00 per 1,1000 gallons in addition to the standard monthly usage fee. Surcharge fees are assessed to recover the District's costs in obtaining additional water rights for delivery 13. Rate Differential Charge Effective November 1 r 2015, the District no longer accepts water transfers. 14., The District's current Plant investment Surcharge is shown in Table No. 4 included with this letter. Plam Investment Surcharge will be assessed when an accounts year to date usage exceeds the Plant Investment Allotment. The transfer of acditional water will not remove this charge. Additional Plant investment Units must be purchased to increase the allotment and reduce the Plant Investment Surcharges, These rates are in addition to the standard monthly usage fee. The District hopes this letter provides the necessary intonation to facilitate progress in meeting the requirements needed to secure water for the above described property, Should you have any questions or concerns, please let me know. $ incerelyr, Leann Koons North Weld County Water District NORTH WELD COUNTY WATER DISTRICT 32825 CR. 39 • LUCERNE, Co 80646 P.O. BOX 56 • BUS: 970-356-3020 • FAX.: 970=3954997 voik N ON D.O R o• EMAIL: WATER@NWCWD.ORG Table No, i -- Tap Options and Requirements I Raw Water Raw Water Storage Fee Invest Plant a-nt Distance Fee ' Meter Set Fee ' ' ' Water Allocation (Annually) Plant Investment Allocation Ann ually) Full Stance Tap 100% 1a0% 100% , 100% 100% 228,000 Gallons 228,000 Gallons Lot Size greater than 0.33 Acres (14,375 sq ft) 75% Tap I 75% 75% I 75% 1 75% 1 100° 1 I 171,000 Gallons I 171,000 Gallons Restrictions Lot sizes greater than 0.20 acres (8112 sq ft) but less than 0.33 Acres (14,375 sq ft) OR landowners with verifiable irrigation rights or well permits for outside water use 50% Tap_ I 500 50% I 50% 1 80% 1100 '0 I L 114-, 000 Gallons I 314,000 Gallons Re t o ons Lot Approved size lets than .2 acres (8,712 sq Commercial Enterprise ft) OR with a Boani Approved Irrigation System OR a Board Conservation Blue Tap 100°. 100% 0 0 100% , 228,000Gallons* 0 Gallons Payment of Plant paid Investment by imposition Fee of and surcharge Distance in amount Fee for Conservation determined by the Blue Tap Board is deferred and will be of Directors. Restrictions Only legislative 08113/2019. on or applicable before body to: on If final 08/1312023. 3/4 or plat -inch meters; before 08113/2018 is recorded property on or must have and the final before 0$13/2019, conditional plat must or be recorded payment final of ail approval on or before tap fees from must occur If Qualified, Conservation 'Gallons taps may 0 vary. Plant may 'Investment) depending be used in combination with Conservation on qualifying combination Tap (i.e. 50% Water with a .A tap gallons Surcharge See may Page be - A.nnual MI 2 for allotted be Rates, Allocation. assessed more than (11e, when 1 unit of Water and/or Plant Investment. Water Allocation 5 x 2281000 =1,140,000 an accounts year to date- usage In this case the gallons Annual exceeds the Water andior allotment Allocation) Plant is the Investment class X Allotment. 228,000 Table No. 2 -- Distrfct Tap Fees TAP FEES (Assumed for Full Standard Tap) INSTALLATION COST Effective previous Raw Water 0710112018, three-month for One Acre Price will weighted for current -Foot Unit be published average. fee. See (AFU) based nwcwitorg on 328 700 , Meter Set Fee, Proposed Lot 6 $18,000 Base Portion of Plant Invest -rent Fee $7,500 4 -inch Line Extension Fee Included Distance Portion (14 of Plant miles) Investment Fee$4,2t/ 0 TOTAL (See Cost may exclude Reimbursement Up -Front Paragraph Fee, Applicable' Line COSTS 6 & for Extension Suppiernental Options; PER TAP Fee, Line Fee if $58,400,00 Full Standard Tap Price is valid torten (10) business days from receiving this letter. Minimum Pressure _ 35 psi Normal Pressure Range 40 psi to 50 psi Maximum Pressure 120 psi Table No, 3 - Usage Rates and Fees Usage Amount I Cha ' ° or Rate Per Month 0 to 6,000 gallons $19.74 Minimum 6,000 gallons and up $3.29 per 1,000 gallons (Kgal) Table No. 4 - Plant Investment Sri rcharg a Rates 0 to 458,000 tgallons above the Plant investment Allotment More than 456.000 gallons above the Plant Investment Al lotment $3.95 roar 1,000 gallons $1.95 per 1,000 gallons NORTH WELD COUNTY WIVIER DISTRICT 32 825 CR 39 • LUCERNE, CO 80646 P.O. BOX 56 • BUS 970-356-3020 • FAX: 970-395-0997 WWW.; WOK ID.ORC • EMAIL; WATER@NC .dJRQ Exhibit A - Meter Location Tax Account Summary Account 1d R06208& Parcel Number 055129000030 Owners Address Situs Address Legal Inquiry As Of TUCKER CR & ERNA M LIVING G TRUST 43550 COUNTY ROAD 39 PIERCE, CO 80650-9103 19553 COUNTY ROAD 88 WELD 147!,24-3 PT SW4 298 65 PARCEL LYING E COLLINS LATERAL AS DESC IN ILK 687 REC N1609342 0349-73 ■■ 163.9 `{ ! I' E C UPRR RES 06/26/2018 Payment Type O First Full Total Due $0.00 Value Area Id 0919-0919 Actual AG -FLOOD [RRRIG TED LAND - 4117 41,037 AG -DRY FARM LAND - 4127 659 AG -WASTE LAND - 4167 86 OTHER BG S. -AGRICULTURAL - 4279 25,828 Total Value 67,610 Ta*es Mill Levy 62, 0450000 Assessed 11,900. 190 20 7,490 19,600 $1,216.08 The amount of taxes due on this page is based on last year's property value assessment Submit by Email Weld County Referral August 24, 2018 The Weld County Department of Planning Services has received the following item for review: Applicant: C.R. AND ERNA TUCKER LIVING TRUST Please Reply By: September 21, 2018 Project: TWO LOT RECORDED EXEMPTION Case Number: RECX18-0117 Planner: Maxwell Nader Location: EAST OF CR 39; NORTH AND ADJACENT OF CR 88 Parcel Number: 055129000030-R0620886 Legal: 14724-B PT SW4 SECTION 29 T8N R65W PARCEL LYING E COLLINS LATERAL AS DESC IN BK 687 REC #1609342 03-19-73 (63.9A M/L) 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 Weld County Planning Dept. 1555 N 17th Ave, Greeley, CO. 80631 (970) 400-6100 (970) 304-6498 fax Submit by Email Weld County Referral August 24, 2018 The Weld County Department of Planning Services has received the following item for review: Applicant: C.R. AND ERNA TUCKER LIVING TRUST Please Reply By: September 21, 2018 Project: TWO LOT RECORDED EXEMPTION Case Number: RECX18-0117 Planner: Maxwell Nader Location: EAST OF CR 39; NORTH AND ADJACENT OF CR 88 Parcel Number: 055129000030-R0620886 Legal: 14724-B PT SW4 SECTION 29 T8N R65W PARCEL LYING E COLLINS LATERAL AS DESC IN BK 687 REC #1609342 03-19-73 (63.9A M/L) 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 HDutrow Agency Zoning Compliance Date 08/24/2018 Weld County Planning Dept. 1555 N 17th Ave, Greeley, CO. 80631 (970) 400-6100 (970) 304-6498 fax Submit by Email Weld County Referral August 24, 2018 The Weld County Department of Planning Services has received the following item for review: Applicant: C.R. AND ERNA TUCKER LIVING TRUST Please Reply By: September 21, 2018 Project: TWO LOT RECORDED EXEMPTION Case Number RECX18-0117 Planner Maxwell Nader Location: EAST OF CR 39; NORTH AND ADJACENT OF CR 86 Parcel Number. 055129000030-80620886 Legal: 14724-B PT SW4 SECTION 29 T8N R65W PARCEL LYING E COLLINS LATERAL AS DESC IN BK 687 REC #1609342 03-19-73 (63.9A M/L) 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 if does / does not comply with our Comprehensive Plan because: El We have reviewed the request and find no conflicts with our interests. ▪ See attached letter. Signature Date Agency WEST GREELEY CONSERVATION DISTItii:t Weld County Planning Dept. 1555 N 17th Ave, Greeley. CO. 80631 (970) 4006100 (970) 304-6498 fax West Greeley Conservation District (970) 356-8097 Map Symbol Name Soil Na Below is a list of the soils and their limitations according to the USDA, Weld County Soil Survey. Shallow Dwellings Dwellings with Small Septic Tank Prime Farm Excavations without basements Commercial Absorption Land (if 8 Ascalon 25 Haverson 51 Otero 56 Renohill 58 Shingle 61 Tassel 64 Thedalund Soil Texture Loam Loam Sandy Loam Clay Loam Loam Fine Sandy Loam Slight Severe Slight Loam Severe Slight Moderate Severe Severe Moderate `Moderate 'Moderate Moderate Severe Slight "..ioderate Severe �f1��r1•-•-fr Mc Severe Slight Moderate Severe Severe Moderate 4 -- Slight Severe Slight Severe Severe Severe Severe N o N o N o No N o No Additional Comments The West Greeley Conservation District recommends that the applicant does an on site soils test prior to any construction. For a more complete soils description consult the Weld County Soil Survey or contact our office at (970) 356-8097.1f you or the applicant have any questions please feel free to call our office. WEST GREELEY CONSERVATION DISTRICT k a I 4 i 1 S. d f i " Pojc. dr it r d• it Lat P...-‘112, 4 f airr" o •At VP we « • a- e - • • t it/ e• r rk i. • • v Produced by the West Greeley Conservation District Submit by Email Weld County Referral August 24, 2018 The Weld County Department of Planning Services has received the following item for review: Applicant: C.R. AND ERNA TUCKER LIVING TRUST Please Reply By: September 21, 2018 Project: TWO LOT RECORDED EXEMPTION Case Number: RECX18-0117 Planner: Maxwell Nader Location: EAST OF CR 39; NORTH AND ADJACENT OF CR 88 Parcel Number: 055129000030-R0620886 Legal: 14724-B PT SW4 SECTION 29 T8N R65W PARCEL LYING E COLLINS LATERAL AS DESC IN BK 687 REC #1609342 03-19-73 (63.9A M/L) 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 f Date 0(//y Weld County Planning Dept. 1555 N 17th Ave, Greeley, CO. 80631 (970) 400-6100 (970) 304-6498 fax MEMORANDUM TO: Maxwell Nader, Planning Services FROM: Evan Pinkham, Public Works DATE: September 21, 2018 SUBJECT: RECX18-0117 Tucker 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: Parcel(s): 055129000030 The project proposes to: TWO LOT RECORDED EXEMPTION ROADS AND RIGHT-OF-WAY: County Road 88 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 IV, 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.weldov com/departments/public works/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: Access for this two lot recorded exemption should be shared. The existing access location meets the spacing requirements of the Weld County Code.The Per Chapter 12, Article V, Section 12-5-30.B: An Access Permit is required. For new accesses and/or change of use of an existing access, the fee and photos are required (Access permit instructions and application can be found at https://www.weldclov com!departmentslpublic works/permits!.) Chapter 6, Sections 6.3, 6A and 6.5 of the Weld County Engineering and Construction Criteria, offer access design guidance. (This document can be found at https://www.weldclov com/UserFiles/Servers/Server 6/File/Degartments/Publie/020Works/Enclineerincl/W CECC%20Manual pdf). 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. For shared accesses (Weld County Code Appendix 12A.3.5), 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. The applicant shall submit a recorded copy of any agreement signed by all of the owners of the property crossed by the access. The access shall be for ingress and egress and shall be referenced on the plat by the Weld County Clerk and Recorders Reception number. (Department of Public Works) 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. Contact Public Works to discuss your access. CONDITIONS OF APPROVAL: A. The plat shall be amended to delineate the following: 1. County Road 88 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 at full buildout. The applicant shall verify and delineate on the plat the existing right-of-way and the documents creating the existing right-of-way. If the existing right-of- way cannot be verified it shall be dedicated. The applicant shall also delineate the physical location of the roadway. 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. This road is maintained by Weld County. (Department of Public Works) 2. Show and label the preliminarily approved access point(s) and the usage types as described in the Public Works referral memo. (Department of Public Works) DEVELOPMENT STANDARDS (NOTES ON THE SITE MAP) 1. The property owner shall control noxious weeds on the site. (Department of Public Works) 2. Weld County will not replace overlapping easements located within existing right-of-way or pay to relocate existing utilities within the existing County right-of-way. (Department of Public Works) 3. 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 Public Works) 4. Access on the site shall be maintained to mitigate any impacts to the public road including damages and/or offsite tracking. (Department of Public Works) 5. Prior to the release of building permits, the applicant shall be required to submit a complete access application for a "preliminarily approved" access location as shown on this plat. (Department of Public Works) 6. 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) 7. The historical flow patterns and runoff amounts will be maintained on the site. (Department of Public Works) WELD COUNTY DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT 1555 North 17th Avenue, Greeley, CO 80631 www,weldhealth,org Memorandum To: Maxwell Nader, WC Planning From: Katie Sall, Environmental Health Services Date: September 13, 2018 Re: RECX7 8-07 7 7 Applicant: Tucker Environmental Health Services has reviewed this proposal to exempt one lot from a 65 acre parcel. Proposed lot A will consist of 5 acres and proposed lot B will consist of 60 acres. There is one existing residence on the proposed lot A. Proposed lot A is currently being serviced by an existing water tap from NWCWD (permit #1430002) and an existing OWTS (G19732486). Proposed lot B is vacant and is proposed ag. The Environmental Health Services Division recommends the following: Prior to construction: 1. If residences or structures requiring water and sewer are constructed or used for proposed lot A or B, Weld County OWTS Permits are required for septic systems and shall be installed according to the Weld County On -site Wastewater Treatment System Regulations. Health Administration Vital Records Icic: 9/0 304 6410 Fax: 9/0-301-641'2 Public Health & Clinical Services lobo: 9/0 304 6420 Fax: 910-301-64 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 MEMORANDUM TO: Max Nader DATE: October 9, 2018 FROM: Angela Snyder SUBJECT: RECX18-0117, Charles & Erna Tucker PROJECT: Two lot recorded exemption PARCEL: 055129000030 DELINEATE ON THE PLAT: Show the floodplain and floodway (if applicable) boundaries on the map. Label the floodplain boundaries with the FEMA Flood Zone and FEMA Map Panel Number or appropriate study. PLAT NOTES: 1. A Flood Hazard Development Permit is required for all construction or development occurring in the floodplain or floodway as delineated on Federal Emergency Management Agency (FEMA) FIRM Community Panel Map # 08123C -0940E and 0950E dated January 20, 2016 (Lone Tree Creek). Any development shall comply with all applicable Weld County requirements, Colorado Water Conservation Board requirements as described in Rules and Regulations for Regulatory Floodplains in Colorado, and FEMA regulations and requirements as described in 44 CFR parts 59, 60, and 65. The FEMA definition of development is any man-made change to improved or unimproved real estate, including by not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation, drilling operations, or storage of equipment and materials. 2. FEMA's floodplain boundaries may be updated at any time by FEMA. Prior to the start of any development activities, the owner should contact Weld County to determine if the floodplain boundaries have been modified. Submit by Email Weld County Referral August 24, 2018 The Weld County Department of Planning Services has received the following item for review: Applicant: C.R. AND ERNA TUCKER LIVING TRUST Please Reply By: September 21, 2018 Project: TWO LOT RECORDED EXEMPTION Case Number: RECX18-0117 Planner: Maxwell Nader Location: EAST OF CR 39; NORTH AND ADJACENT OF CR 88 Parcel Number: 055129000030-R0620886 Legal: 14724-B PT SW4 SECTION 29 T8N R65W PARCEL LYING E COLLINS LATERAL AS DESC IN BK 687 REC #1609342 03-19-73 (63.9A MIL) 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. D We have reviewed the request and find that it does / does not comply with our Comprehensive Plan because: Q We have reviewed the request and find no conflicts with our interests. See attached letter. Signature Agency Weld Re -9 School District Date August 31, 2018 Weld County Planning Dept. 1555 N 17th Ave, Greeley, CO. 80631 970) 400-6100 {970) 304-6498 fax Weld RE -9 School District Highland Schools 210 W. First Street P.O. Box 1390 Ault, Colorado. 80610 (970) 834-134S August 31, 2018 CR Tucker Hs Ema M Tucker 19553 CR 88 Pierce, Colorado 80650 CR Tucker, The Weld Re -9 School District has received notification from the Weld County Planning Department regarding your request for recorded exemption. The recorded exemption application shows the creation of a new lot for the purpose of future residential development. Weld Re -9 has established a methodology to determine in - lieu of land payment for new residential units created by the subdivision of land in order for the District to purchase land which will house future school buildings for the purpose of educating the children living in these potential residences. The total in -lieu of land payment per unit created for residential purposes is $1,099. Therefore, your obligation to Weld Re -9 is $1,099 for the lot planned in recorded exemption #recx 18-0117. Payment can be mailed or delivered to: Weld Re -9 School District 210 W. First Street P.O. Box 1390 Ault, Colorado 80610 Please include your recorded exemption number with your payment. A receipt will be provided to the party requesting the exemption. If you have further questions, please don't hesitate to contact our administration office. Education . Ring Jr. Robert Superintendent �. .,� rmg, Y� � COUNTY I ticker E� 19553 W Exhibit • • A • 1 _ ,ter i� 0'J Yr J t 43550 -Pawreli';j1 .. �..41 L'4. ,. Sys::hr..1 t•. 1740 ~� i - .N - �!_ 1 ' 4 .. C'3., ., itil Ott" ie♦ i vf4 4 04,- •i, - _- - 4Z$, z I ' : ` �+�. Legend Parcels a Highway ' Lot B I ...tits;_' fir. �, - 'e -Prat pose1 J' c County BOUnciary +` atilki r till r `- _ 19'5 • • 1 sec LIMA ter:`: Mil --1 '•t! M• Ip� t t `, r .f^ - ' • l.— ~ rI '.. -' '� 3 'i Y�..r„ fs;, •~i • }-•f -1 • • .f'.�. ... :.•. L:. . — 1t mil„ : `_ _ 1 1i ` I '4, - �y ,h`.i 'i.. :.i - j.,=bl� �.'� ., ..C rU �i•' .dC l� A9it ..V r' rt ,; le }sy C14 -2i. I`, n -r' .c,•. ''�-... -„ is i I_''�Rf'j�_ - .• ti ° -r jn:n Diu' ... ti Q.1.t • j 1 '�[;5y, ,,(� KI `t�.Y": e ta,`` � f arire: l 4`i .7 . 1 - ia:wi~ • . .= C, • 4r .4 �. • - Ik lc • 41 it • .� 33: • r,I •t' ^.‹.*-ai 1�`-�r,,-.%l i�,_^ , , r•, �c '.�.. _ )• _ 'i, ,•�� ,�• �Mr. . I[� 'S �, , { I < h. r O'' • y/1 isi may. 9 5 �) , r .i i 49. Se i-- 1.• 6,703 Notes , otes I l - 0 'g --s St; 7!i I ` ' ", r I n;s rraP is a use- generated static output Jrc3rn or, interne[ ";?Jp}--:•e and ,5 t, { reference only. Data lavers that appear Dn this -nap may or may ',4ir in accurate, rrsrrr?xtt, ntherveice reliable V'JG5_19$4_Web_t�l?rcatar Aux.iliary_SaherQ Q Weld County C)forado THIS MAP IS NUT TO BE USEC FOR NAVIGATION Certificate of Conveyance State of Colorado ) County of Weld ) Weld County Department of Planning Services STEWART TITLE OF COI,ORf4DO hereby certifies it has made a careful search of its record, 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: 14724-B PT SW4 29 B 65 PARCEL LYING E BK 687 REC #1609342 3-COLLINS 19-73 (63.9A M) } EXC UPRR RES AS pt SC IN CONVEYANCES (if none appear, so state): Reception No.: 3044 156 Reception No.: 1609342 Reception No.: 1604102 Reception No.: 1526137 Reception No: Reception No.: Reception No.: Reception No.: 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 construed as an Abstract of Title or an opinion of Title, nor a guarantee Title, and the liability of STEWART TITLE OF COLORADO is hereby limited to the fee paid for this certificate. in Witness Whereof, STEWART TITLE OF COLORADO has caused this certificate to be signed by its property officer this 23 day of September, A.D., 2018, at 9:00 A.M Effective date of search: 8-17-18 STEWART TITLE {,COLORADO / uthoEized Signature 15S *pedal 111 aA. arrant!) 71Deeb C.R. TUCKER and ERMA M. TUCKER, Grantors, whose legal address is 43550 WCR 39„ County of Weld, Pierce, Colorado, 80650, forthe consideration of Ten Dollars paid in hand, hereby sells and conveys to: C.R. TUCKER and ERNA M. TUCKER -Trustees of WE C.R. AND ERNA TUCKER LIVING TRUST, dated March 27, 1997, Grantee, whose address is 43550 WCR 39., County of Weld, Pierce, Colorado, 80650, the following reel property in the County of Weld, State of Colorado, to wit: All that 83,9 Acres, more or less. portion of the Southwest quarter (SW lee) of Section. Twenty -Nine (29), Township Right Nerd] (T8N), Range Sixty -hive West (R65W1 of 6Th P.M., more particularly described as follows: (considering do West line of said Southwest varier as hearing South D ° 08'53" East with all bearings contained herein relative thereto) Beginning at the Northwest Corner of said Southwest Quarter; thence eking The West line of said Southwest. Quarter South C'° 98'53° East 1317.96 feet; thence North 89° 08'28" East 1511,01 feet to the West line of the 30.00 foot reservation for the maintenance of an irrigation ditch known a5 the Collins Lateral; said point being the true point of beginning; said point being also on a curve concave to the Northeast having a radius of 850.67 feet and a central angle of 7° 14'35"; said reservation lying West of and adjacent to, et measured at right angies to the Centerline of said ditch,; thence along the Wort Zane of said resetvatioa the following courses: Northwesterly eking the arc of said curve 107.54 feet to the and of said curve; thence tangent to said curve North 23° 50'50" West 82.10 fat to the beginning of a tangent curve concave to the Northeast having a radius of 1654.45 feel and a central angle of 7° 012'43"; thence Northwesterly along the arc of said curve 203.44 feet to the end of said curve; thence tangent to said curve North 16° 53'07' West 144,29 feet to the begining of a tangent carve concave to the East having a radius of 724.42 feet and a central angle of 24° 22'41"; thence Northerly along the arc of said curve 306.23 feet to the end of said curve; thence tangent to said. carve North 7° 29'34" East 43.4 I feet to the beginning off a tangent curve concave to the West having a radius of 223.023 feet and a central angle of 22° 11'10"; thence Northerly along the arc of said curve 57.13 feet to the end of said curve; thence tangent to said curve North 14° 41'36" West 268-88 feet to the beginning of a tangent curve concave to the East having a radius of 159A8 feet and a central angle of ° 415'22'; thence Northerly along the are of said curve 72.62 feet to the end of said carne; thence tangent to said curve North 11° 23'46" East 49.84 feet to the North line of said Soutlrwett Quarter, them along said North nine North 89' Ot'28" East 1401.02 feet to the earner of said Section. 29; thence airing the East line of said Southwest Quarter South Cr 26'24" East 2595.14 feet to the Southeast Corner of said Southwest Quarter; thence along the South line of said Southwest Quarter North 89" 25'16" West 68!.78 feet to the Centerline of an irrigation ditch l now n as Collins lateral; thence along said Centerline the fallowing courses: North 19° 10'14" West 114.20 feet to the beginning of a tangent curve concave to the Northeast having a radius of 920,42 fart and a central angle of I° 29'11'; thence Northwesterly along the are of said curve 190.54 feet to a point of cornpaund curve being also concave to the Northeast having a radius of 1680.79 feet and a central angle of B° 51'11"; thence Northwesterly along the are of said curve 290.60 feet to a point of reverse curve; said curve being concave to the Sot tlswost having a radius of 461.47 feet and a central angle of 22° 29'22"; thence Northwesterly song the arc of said curve 18113 feet to the end of said curve; thence tangent to said curve North 2° 19'14" West 76.24 feet to the beginning of a curve concave to be Southwest having a radius of 961.48 feet and central angle of 13° 03'12"; thence Northwesterly along the are of said curve 219.05 feet to the end of said curve; thence tar_gent to said curie North 34° 22'26" West 249.72 feet to the beginning of a curve concave to the Northeast having a radius of 820.67 feet and a central angle of 1" 56'04"; thence Northwesterly along the arc of said curve 28- 19 feet to s line bearing North 89° 08'28" East and passing through the irue point of beginning; thence along said line South 89'08'28" West 3.4.97 feet more or less to the true point of beginning. With all its appurtenances, and warrants title to the same against all persons claiming under Grantor, subject to: Taxes and assessments for this and subsequent years; easements and rights of way, existing or of record; rights of any parties not showy. bypublic records; reservations, restrictions, covenants, and leases of record. Signed this 2-Aay of March, 1997. [No documentary fee reguised_ .4ceual consideration for lhis conveyance was fess than 55110.00' IIl1111111l nil! ill 111111111 1111 II I IIIII I III Ill! 3044168 03124/2003 11,32A Weld County, CD 1 of 1 R 8.00 4 0.00 Sieve Moreno Clack 8 Roomier STATE OF COLORADO as COUNTY OF BOULDER %t,1P w��nrrl C.R. Tucker Enna M. Tucker The foregoing instrument was acknowledged before sae on this 2 day of March, 1997 by C.R. Tucker and Erma M. Tucker My commission expires: gi.irietert 1� N ry Public JiJ51'1N p itVR1. ATrCaSLY sr leiw 4141 AAAPalaoE Avl_ EOUL0Lit. Ctrtnauao 80303 leTONE 303-415-0900 FAx 3O3 -4019-Q458 t � !MR 15 1513 A. C. In.....,,, n grp[pn 0. __ .ef GP.rtr� g2 — one thousand nine hundred Madethir 12th emu Snowing dapef lfat'0h ^. noel a eventy two bet' eel DALE D. MOMS 1S ostd 1,1ARIETpA Tti01''i1kS • of the Courtly of Weld and Slate of Canada, of the fret port, and C. R. TUCKER and ERMA M. TUCKER, as joint tenants of the County or Jun" in the year of oar Lord Weld Stole Da:umortt try Fee riot- J R °.1973... 73.. and State of Colorado, of the steered part; Wltnes°etb, That Llte tai& patties of the first. port, far neea i, eoneiileretion of the sum of — — — — — — .. — Ten (810.00) and other DOLLAnS, to the said yurti es of the first. part in hoed paid by the said partith of the second part, the IMaipl vrhtrcaf Ie ho,nhy coo- lie -toed and MJeetwlatetd, have granted, bargained, nold and conveyed, pod 4y t cep preaaala do grant, bargain, eel], Lri convey and month', unto the nth puma of the wend putt, not let tonaary en common hat in;°ins tenancy. thr survivor of throe, their u sign¢ sad the hear °oJ tetign of oath aua,iyor forvwer, nil the fallowing described lot or panel of Land r -t all ante, lying and boeet to the County of Weld end State of Colorado, t° -wit: o All that 63.9 acres, mere or less, portion of the Southwest quarter (SW 1/4-) of Section Twenty—rine (29), Township Eight North MIT), Range Sixty —Five West (R651J)of the 6th P.lt., more particularly dos — r cribed as follows:(considering the West line of said Southwest quarter as bearing South 0°08'53ir East with all bearings contained herein relative thereto)- • Beginning at the Fibrthwest Corner of said Southwest Quarter; thence along the Nest ling of said Southwest Quarter South 0°08'53" East 1317.96 feet; thence North 89°08'28° East 1511.0? I feet to the West line of the 30.00 foot reservation for the maintenance of an irrigation ditch known as the Collins Lateral; said point being the true point of beginning; said point. t being also on a curve concave to the Northeast having a radius of 850.67 feet and a central angle of 7"14'35"; said reservation lying West of, and adjacent to. as measured at right angles to the Centerline of said ditch; thence along the West line of said reservation the following courses: Northwesterly along the arc of said curve 107,54 feet to the end of said curve; thence tangent to said curve North 23"55'50" West 82.10 feet to the beginning of a tangent curve concave to the Northeast having a radius of 1654.45 feet and a central angle of 7°02'43': thence Northwesterly along the arc of said curve 203.44 feet to the end of said curve; thence tangent to said curve North 15°53'07" West 144.29 feet to the beginning of a tangen/ curve. concave to the East having a radius of 724.42 feet and a central angle of 24°22'41'; thence Northerly along the arc of said curve 308.23 feet to the end of said curve; thence tangent to said curve North 7°24-'34" East 43.01 feet to the beginning of a tangent curve concave to the West having a radius of 225.02 feet and a central angle of 22°11'10"; thence Northerly along the arc of said curve 87.13 feet to the end of said curve; thenee tan- gent to said curve North 14°41'36" West 268.82 feet to the beginning of a tangent curve con- cave to the East having a radius of 159.48 feet ante central angle of 26'05'22'; thence Northerly along the arc of said curve 72.62 feet to the end of said curve; thence tangent to . said curve North li°23'46" East 4'9.84 feet to the North line of said Southwest Quarter; thence along said North line North 89°08'28" East 140I.02 feet to the center of said Section 29; thence along the East line of said 5outht-,est Quarter South 0°26'24" East 2595.14 feet to the Southeast Corner of said Southwest Quarter: thence along the South line of said South- west Quarter North 89°25'16" West 688.78 feet to the Centerline of an irrigation ditch known as'Collans Lateral; thence along said Centerline the following courses: North 19°10'14" West 114.20 feet to the beginning of a tangent curve concave to the Northeast hav- ing a radius of 950.42 feet and a central angle of 11°29'11"; thence Northwesterly along the arc of said curve 190.54 feet to a ooint of compound curve being also concave to the Northeast having a radius of 1880.70 feet and a central angle of 8a51'11"; thence Northwest- erly along the arc of said curve 290.60 feet to a point of reverse curve; said curve bei concave co the Southwest having a radius of 461.47 feet and a central angle of 22'29'22"1"J thence Northwesterly along the arc of said curve 181.13 feet to the end of said curve; e thence tangent to said curve Borth 21°19'14" ',lest 76.24 feet to the beginning of a curveconcave to the Southwest having a radius of 961.48 feet and a central angle of 13°03'12', thence Northwesterly along the arc of said curve 214.05 feet to the end of said curve; thence tangent to said curve North 34°22'26' West 249.72 feet to the beginning of a curve. concave to the Northeast having a radius of 820.67 feet and a central angle of 1°58'04"; thence Northwesterly along the arc of said curve 28.19 feet to a line bearing North 89°08'28" East and passing through the'true point of beginning; thence along said line South 89°08'28" West 34.97 feet more or less to the true point o€ beginning. Y i a O 0 Boor 687 Fehetller with all and singular the beredilamanto and appurtenances thereunto belonging, or in Rapine s ap aiaicei end the reversion and reetraiena, remainder and remainders, reata, tssa s and prelate !hereof; and all the carats, right, tide, interest, Order tend demand mheleaceer of the said parties el the 5r.l pert, rather is law or equity, of, is and to the above harga;ard premix.,with the hcreditanicate and app'Rtnaueee. To Hater and to Hold the said pmmi®as above bergr,isdd and durcriixd, with the.nppnrtennaens, unlo 11w maid partite Of the second part, the survivor of them, there cosigns and the heirs and askew of much earthen forever. Anti the said parties al the duet part, lccthem [elves & the -inners, erceptarq, and adrninistratorra, do hereby eovicenat, grant, bargain and ttgredc to and nrlh the laid partite of the teeead poet, the Sur'iear of thorn. aloft astir. sedate help and amigo. of much eurvtvor, that Mare time at the enaenlias arrd delivat), of these prauate, they are well seized of dun proour3 above conveyed. senor good. vase. perfect, absolute and indefeasible tern or inl ienirunra. in law, in fur rumple. rued ha Ire goad rigid, full power and instal authonty to grow; bargain, call and .convoy the somata minima and formaforcraid, and flush the sort are free and eJrae iron nil former ag otter gmeta hareaine tiles, lierv, osi, ammonenm and fncumhrancen of admmo dated or Rat're..saevar , CeDE: h@ L'Y 'GyO GI CQa.], other minerals S .I1 ail— road_ 17e i in Sik. y7��f7 tar'17g. 4 � .Li. .' exlsring covenants, tegg vciims, reservations } cc�n. Jonas i, ease, eats Ln .iutl5.itg_ riEnt o. ; way of UOLiins Lateral pitch, hts of way; 1973 ,taxes• taxing. districts, anti zonirt an a other s, regvla .cons art requirerF rl s Or aw; and the ammo bargained promises in the quiet and peaceable posxnioa of the said parties of the second part. the aurrivar of them, flair enigma and rho heirs era amens of midi survivor, spina, all and every pencil or perffcuu Maley claiming err to claim the whole or any part tl,erenf, the said parties of tlrc Ewa part than and aria WARRANT AND FOREVER DEFEND. In Witmer Whereof, rho maid parti eS of the fret pert have orals the day and year first above mitten. Sigurd, Sealed sod Delivered in. the Freesecf Fromm hereunto sat their head;, and life._.. 4..,,,sP Yr_cam. ,--.__(SEAL) DALE D. 'A5 CgEAL7 STATE OF COLORADO, County of Weld. of ,larch -,• _ by Dale D. Thomas and T°�arietta MyCorarrni'ssa-aevir. s 5 f Witness My Hand nod u !heistSimi.-3."q My Commission Expires • ra foregoing instrument was acknowledged before me this Meiling Address for Future Tax Notices 3 I' FW7+ri a _...__.._(SEALI El fi cr Flf o r, Ito' f WARRANTY DECO TO JOINT TENANT5---roca. r, norvaan ce., oc.rva r. cou.o.—surer.,. lax* Recorded sl _-_fvs o'clocl !_. M. C.,r_`� LIN 1 ▪ _ 682 Reception No. 169410; .°°�." .. Recorder. I —j r SNOW ALL MEN BY THESE PRESENTS That. 'gpggWER gggEp CO., a Colorado ,Cotpotation, 1I or the County of - Held , and State of Colorado, for the consideration of Other Valuable consideration and Ten Dollars, C• In hand paid, hereby sell and convey to DALE D. °THCednE and. tfMtIETTA THOMAS, in joint tenancy, C,2 of the County of , and State of Colorado, - the fallowing real properly, situate in the County of Weld ,gyp and State of Colorado, tandt: The Southwest Quarter (str'Z) of Section Twenty—nine (29), Township Eight (8) North of Range sixty-fiv¢ (65) West of the 6th P.H, ve S7 to c;-2 stah all hs appurtenances, and rvirrnnt the title 10 the same, subject to 1969 general property taxes and assessments payable in 1970, reservations, restrictions, easements, and rights of way of record, and rights of way for ditches and utilities. Signed and delivered this its the pre<eoee of STATE OF COLORADO, 1 COUNTY OF WELD. In' 29th clay of May A.D_1969 o .t 4 i 1r fr�'�t;5 The foregoing instrurnlrnt was acknowledged before me this ._.....2901 day of -.__....__.may ...,,,.,...,.., 1969 rwar/ Sam Matsuda, President and Tashi Matsuda, Secretary gt)5oxeldor Sheep -.., Co. , a Colorado corporation .IFI Isig,5a frond and official seal, 14,111.0414_,re expires Iy Cororelstion etpires Aug. 7, 1972 4. •It 6j celrt7,a,2h511 art psrx.,aa I,rrrin inscrt t>:„ ute ur n antra: ii by ta•rtutts aetUf it rtprc.arnlalieo ur official caioritt nr as atterllll"'Ic1•f;, Et then insert Jade or purse, as executor, atiOrntyN1-hot W other rapacity or deferiptioo: of Ire ofliccr Of corporation, ulcer inure nano of such office or officers, as il.c prrn:dnie or other officer. of sues corporation, nam- ing it .. STATUTORY ACl:uOWLEDG1c,l,\rT, SESSION 1927, Notary I'ubliL. WARRANTY DEED • . Statutory Form ti to rl the following real property, situate in tie Cyvtinty o9 - - - - Weld - - - and State of Colorado, to -wit: - rei The South Half (Si) of Section Nineteen (19), Township Eight (8), North of Range Sixty-five (65) West of the 6th P.M., together with s, one (1) share of capital stock of Water' Supply and Storage Co.; cr' 5/16tbs interest in Antelope Reservoir, located in the SW{ of Sec - col. tion 18, Township 8 Worth, Range ¢5 West of the 6th P.M. and in the SE* of Section 13, Township 8'North, Range 66 West of the 6th P.M. ; 300 acre feet of water front The Northern Colorado Water Con- servaflcy District and two (2) shares of capital =stock of the Pierce Lateral Company. Grantor does not warrant title to land .aa . conveyed to Weld County for highway purposes, recorded in hook 1086 ti. page•285,,,, except a parcel of land conveyed by warranty deed record- edin Book 1202, page 601. Recorded at . :o'clock 'c➢etk eM JAR -151969 roc �� Reception No_ , � t1 MEN aPOMER Recorder. R -NOW ALL MEN BY THESE PRESENTS, Tb t EDNA HilMSee E, also' known as EDNA 0- HUMPHREYr, nee EDNA G. CARR0LL„' of the County of,- _ - .- weld - - and Slate of Colorado, 'for the consideration ofOther Valuable Consideration and Ten ($10.00) ----Dollars, in hand paid, hereby sell and convey to BOXELDER SHEEP CO_ , s Colorado corporation, 'o€ the County of Weld . , and State o! Colorado, The Southwest Quarter (SW{) of Section Twenty-nine (29). Township Eight (8) North of Range Sixty-five (65) West of the 6th P.M., to- gether with two (2) shares of the capital stock of Water Supply and Storage. Co.; one -eighth (1/8) interest in Antelope Reservoir located in the SW of Section 18, Township S North, Range 65 West of the 6th P.L „ and in the SEI of Section 13, Township 8 North, Range 66 west of the 6th P.M.; two (2) shares of the capital stock in the Pierce Lateral Corapany and one (1) Share of stock in the Collins Lateral Coapany, , Together with all ditch and water rights used with or in any way pertaining to all of the above described lands, This conveyance Includes all rights under surface agreement with Union Pacific Railroad. with all its appurtenances, and warrant the title to the Same, Sufsjcci to general taxes for the year 1968 to be paid by grantor. Except oil and gas reservations of record. Gt. Signed and delivered this In the presence of STATE OF COLORAD(3,iSS COUNTY OF WELD. • Off '-t day o€ January 8f , A. D. H69. 'Grla,ra'tr/Gs p, lx. • C,�r rt .:_r' ,(SEAS.) cliia Humphrey, also"setopn as Edna G. Htuaphrey, tee Edna'G..h1' r)o11 ..................._._.._..-_(SEAL) 0 The foregoing instrument was acknowledged telare me this f f. day of - ,Iaduar.y °S ' l9 69. by' Edna Humphrey, also known as Edna G. Humphrey, nee Edna G. Carrecl l . WITNESS my hand and official seal. �r4~£Nl commission expires cereriirsioa ex,p!ret &lily 4, 1971 Notary Public. •Qf II, rature➢ Deese,. or persons herein lasers ,amm err sem is; It by persons ucr.ng in reyrescntarivc or official capacity s al, /sprntyin-fart, rhea mon noise or person as executor, se,ornep.in-fact or otter capacity or Cestriprion; ff by '"o,t5fi�ear'e� poration, then Insert name of such office or officers, as 'ha ptasi4iont or other ofEitcri of such corporation, porn - .STATUTORY ACXNOWLEDGMENT,. SESSION 1927, 50 WARRANTY DEED - - Statutory Form Hello