HomeMy WebLinkAbout20191959.tiffRESOLUTION
RE: APPROVE REVOCATION OF MINOR SUBDIVISION FINAL PLAT, MF-1039, VACATE
PRAIRIE HOLLOW ESTATES, AND REVERT PROPERTY TO A (AGRICULTURAL)
ZONING - BRYANT AND KELSEY MUNDT
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, by Resolution dated March 1, 2006, the Board approved Site Specific
Development Plan and Minor Subdivision Final Plan, MF-1039, Prairie Hollow Estates for nine (9)
residential lots for Charles Meserlian on the following described real estate (the "Property"), to -
wit:
Part of N1/2 of Section 10, Township 7 North,
Range 67 West of the 6th P.M., Weld County,
Colorado
WHEREAS, the owners of the Property have never completed the conditions of approval
required by the Board, and therefore have never recorded the final plat, and
WHEREAS, on April 10, 2019, the application of the current property owners, Bryant and
Kelsey Mundt, for Recorded Exemption, RECX19-0016, to split the property into two separate
parcels of land, was conditionally approved, and
WHEREAS, pursuant to Condition of Approval #3.A of said RECX19-0016, the
Department of Planning Services staff has received a written request from Bryant and Kelsey
Mundt requesting the Board revoke the Minor Subdivision Final Plat, MF-1039, order the
subdivision vacated, and revert the zoning back to the A (Agricultural) Zone District, and
WHEREAS, the Department of Planning Services staff has reviewed the request, in
consultation with the County Attorney's Office, and recommends approval of the request, and
WHEREAS, the Board of County Commissioners heard all of the testimony and
statements of those present, studied the request of the applicant and the recommendations of the
Department of Planning Services staff and all of the exhibits and evidence presented in this matter
and, having been fully informed, deems it advisable to approve said revocation, vacation, and
rezoning.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that Minor Subdivision, MF-1039, be, and hereby is, revoked; that Prairie
Hollow Estates for nine (9) residential lots is vacated; and that the zoning on the property
described above is reverted to the A (Agricultural) Zone District.
4495006 Pages: 1 of 2 GG: TP)
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Carly Koppes, Clerk and Recorder, Weld County, CO
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2019-1959
PL1712
REVOCATION OF MINOR SUBDIVISION FINAL PLAT, MF 1039, VACATE PRAIRIE HOLLOW
ESTATES, AND REVERT PROPERTY TO A (AGRICULTURAL) ZONING - BRYANT AND
KELSEY MUNDT
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 22nd day of May, A.D., 2019.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: dartAdA) V j 'gyp, o,
Weld County Clerk to the Board
BY:
Deputy Clerk
APP' i '' D AS
County Attorney
Date of signature: (.9/ /101
4495006 Pages: 2 of 2
06/05/2019 04:00 RM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County, CO
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bara Kirkmeyer,
hair
Mike Freeman, Pro-Tem
onway
Steve Moreno
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2019-1959
PL1712
MEMORANDUM
To: Board of County Commissioners
From: Kim Ogle, Department of Planning Services
Subject: Request for revoke Final Plat and Vacate Minor Subdivision
MF-1039, Prairie Hollow Estates Minor Subdivision
Date: May 22, 2019
Bryant and Kelsey Mundt are requesting the Board of County Commissioners revoke the minor
subdivision final plat and order the minor subdivision vacated. By this action the applicants are
further requesting that the zoning revert back to the A (Agricultural) Zone District.
Case History:
April 14, 2004
MZ-1039, Change of Zone from A (Agricultural) Zone District to E
(Estate) Zone District for a Nine (9) Lot Minor Subdivision on behalf of
Charles Meserlian was approved by the Board of County
Commissioners.
June 30, 2005 Change of Zone Plat recorded via Reception no. 3299118
March 1, 2006
MF-1039 A Site Specific Development Plan and Minor Subdivision
Final Plan for Nine (9) Residential Lots on behalf of Charles Meserlian
was approved by the Board of County Commissioners [Prairie Hollow
Estates Minor Subdivision]
April 10, 2008 Mr. Charles Meserliann conveyed by Special Warranty Deed lands
associated with the Minor Subdivision to Prairie Hollow Development,
Inc., a Colorado Corporation Reception no. 3546853.
April 21, 2017 Prairie Hollow Development Inc., a Colorado Corporation conveyed by
Warranty Deed lands associated with the Minor Subdivision to Allen
Harper via Reception no. 4295686
June 22, 2018 Allen Harper conveyed by Warranty Deed lands associated with the
Minor Subdivision to Bryant and Kelsey Mundt via Reception no.
4409441.
February 22, 2019 Bryant and Kelsey Mundt applied for a Recorded Exemption,
RECX19-0016 to split the property into two separate parcels of land, a
five ace tract and a 74 acre tract for their residence. Their application
was conditionally approved April 10, 2019.
Condition of Approval 3.A states "The applicant shall submit a request
to withdraw the Prairie Hollow Minor Subdivision (MF-1039) request in
SERVICE, TEAMWORK, INTEGRITY, QUALITY
2019-1959
AL1-112
5122
writing to the Department of Planning Services signed by all owner of
the property."
Chapter 24, Article III, Section 24-3-80 — Failure to commence minor subdivision Final Plat
states:
"If no construction has begun or no use established in the minor subdivision within three (3)
years of the date of the approval of the minor subdivision final plan, the Board of County
Commissioners may require the landowner to appear before it and present evidence
substantiating that the final plat has not been abandoned and that the applicant possesses the
willingness and ability to continue the minor subdivision. The Board of County Commissioners
may extend the date for initiation of the minor subdivision construction and shall annually
require the applicant to demonstrate that the minor subdivision has not been abandoned. If the
Board of County Commissioners determines that conditions supporting the original approval of
the minor subdivision final plat have changed or that the landowner cannot implement the
minor subdivision final plat, the Board may, after a public hearing, revoke the minor
subdivision final plat and order the recorded minor subdivision vacated."
The applicants and current property owners, Bryant and Kelsey Mundt are requesting the
Board of County Commissioners revoke the minor subdivision final plat and order the minor
subdivision vacated. By this action the applicants are further requesting that the zoning
revert back to the A (Agricultural) Zone District.
The Department of Planning Services have reviewed the request in consultation with the
County Attorney's office and request your support of this action.
SERVICE, TEAMWORK, INTEGRITY, QUALITY
From: Bob Choate
Sent: Tuesday, February 5, 2019 7:42 AM
To: Kim Ogle <koglepwefdgov.corn>
Subject: RE:
Kim,
Yes, you can schedule it as a public hearing on a request to withdraw the Final Plan and revoke the
change of zone per this section 24-3-80. This was done for Sherry Lawley in 2008 (PF-1043) under the
same provision applicable to PUDs, although the Board later "reinstated" that Final Plan at her request.
Thanks,
Bob Choate
Assistant Weld County Attorney
(970) 400-4393
From: Kim Ogle
Sent: Tuesday, February 5, 2019 6:43 AM
To: Bob Choate <bchoateeweld ov.com>
Subject:
Bob
I have a Minor Subdivision that was approved for a Final Plan in mid 2000's. The Final Plan was not
recorded and condition s of approval not met. The original property owner Meserlian, has sold the
property to Mundt. Mundt wants to vacate the original Change of Zone and Final Plat.
To expediate the request would the following apply and does the following require a Change of Zone
application?
Chapter 24, Article III, Section 24-3-80 — Failure to commence minor subdivision Final Plat states:
"If no construction has begun or no use established in the minor subdivision within three (3) years
of the date of the approval of the minor subdivision final plan, the Board of County Commissioners
may require the landowner to appear before it and present evidence substantiating that the final
plat has not been abandoned and that the applicant possesses the willingness and ability to
continue the minor subdivision. The Board of County Commissioners may extend the date for
initiation of the minor subdivision construction and shall annually require the applicant to
demonstrate that the minor subdivision has not been abandoned. If the Board of County
Commissioners determines that conditions supporting the original approval of the minor
subdivision final plat have changed or that the landowner cannot implement the minor subdivision
final plat t'' 'e'r ° ,a '`"t `, r
Thanks for your comments.
Kim
Bryant Mundt
6513 W. 4th Street
Greeley, CO 80634
Bryant Mundt, Landowner
November 13, 2017
Kim Ogle
Planner III
Weld County Planning Dept.
1555 N 17th Ave
Greeley, CO 80631
Mr. Ogle,
In March, 2006 the County Board of Commissioners approved a site specific development plan and minor
subdivision final plan, MF #1039, for 9 residential lots known as Prairie Hollow Subdivision to then Owner
Mr. Charles Meserlian. Since that time Mr. and Mrs. Bryant and Kelsey Mundt has purchased the
property and wish to explore the possibility of withdrawing the Final Plan/Plat and vacate the change of
Zone under Chapter 24, Section 24-3-80.
Chapter 24, Article Ill, Section 24-3-80 — Failure to commence minor subdivision Final Plat states:
"If no construction has begun or no use established in the minor subdivision within three (3) years of the
date of the approval of the minor subdivision final plan, the Board of County Commissioners may require
the landowner to appear before it and present evidence substantiating that the final plat has not been
abandoned and that the applicant possesses the willingness and ability to continue the minor subdivision.
The Board of County Commissioners may extend the date for initiation of the minor subdivision
construction and shall annually require the applicant to demonstrate that the minor subdivision has not
been abandoned. If the Board of County Commissioners determines that conditions supporting the
original approval of the minor subdivision final plat have changed or that the landowner cannot
implement the minor subdivision final plat, the Board may, after a public hearing, revoke the minor
subdivision final plat and order the recorded minor subdivision vacated."
The applicants are requesting the Board of County Commissioners of Weld County to vacate the current
Estate Minor Subdivision zoning back to Agricultural zoning. The Owners wish to build a single-family
residence on the mother parcel of approx. +/-74 acres, splitting off one (1), five (5) acre parcel for a
secondary residence. The proposed area to be vacated is located at the NW corner of CR 21 and CR 84
in Weld County and is legally described as NW Y4 NE % SECTION 10, TOWNSHIP 7.0, RANGE 67 W,
6TH P.M., Weld County parcel number 070510100018.
Attached is the Recorded Exemption Application and Questionnaire including the pertinent support
documentation. Lastly, please find an copy of an e-mail exchange from Bob Choate, Assistant Weld
County Attorney.
As acting Agent for the Mundt's please direct all questions to:
Zachariah Satrang
6513 W. 4th Street
Greeley, CO 80634
970-218-1607 ci
970-353-1264 off
Respectfully Submitted,
Bryant Mundt, Landowner
cna iah Satrang, Agent
DEPARTMENT OF PLANNING AND BUILDING
DEPARTMENT OF PUBLIC HEALTH AND ENVIRONNMENT
1555 NORTH 17TH AVENUE
GREELEY, CO 80631
AUTHORIZATION FORM FOR BUILDING, PLANNING AND HEALTH DEPARTMENT PERMITS
AND SERVICES
I, (We), BRYANT MUNDT
(Owner — please print)
, give permission to
ZACHARIAi SATRANG
(Applicant/Agent — please print)
to apply for any Planning, Building or Health Department permits or services on our behalf, for the property
located at:
TBD CR 21
Legal Description: 070510100E18 of Section 1'3 , Township 7N N, Range 67' , W
Subdivision Name: CURENTLY UNDER RECX
Property Owners Information:
Phone: 970-353-1264
Applicant/Agent Contact Information:
Phone: 970-218-1607
E-mail:
E -Mail:
Email correspondence to be sent to: Owner
Lot B Block
,=^rartrc.•,a uRctenergyor,
zach.sra;mu ndtenergy.com
Applicant/Agent Both x
Postal service correspondence to be sent to: (choose only one) Owner Applicant/Agent
Additional Info:
Owner Signature: Y
Bryant Mundt, Owner
Date: 2/11/19
2/11/19
Owner Signature: tle� Date:
Kelsey ndt, Owner
6
AGENT AUTHORIZATION FORM
PROPERTY LEGAL DESCRIPTION: Sec. 10 Tsp: 7N Range'. 67W
07051010008
LOT NO. PLAN NO. PARCEL ID:
0 Weld County Road 84. Fort Cclfns CO 80524
STREET ADDRESS:
Please print: Bryant Mundt
Property Owner:
Property Owner:
The undersigned, registered property owners of the above noted property, do hereby authorize
Zechariah T Satrang
of
Mundt Energy
(Contractor / Agent) (Name of consulting firm)
to act on my behalf and take all actions necessary to request information, apply for, sign,
process and file any documents necessary pertaining to the above referenced property in order
to obtain a building permit and any and all standard and special conditions attached.
Property Owner's Address (if different than property above):
6513 W. 4th, Street. Greeley. CO 80634
Telephone: 970-353-1264
We hereby certify the above information submitted in this application is true and accurate to the
best of our knowledge.
C-
Authorized Signature -- Authorized Sipnat
Date: 2/820 9 Date: 2/08/20'
RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND MINOR SUBDIVISION FINAL
PLAN, MF #1039, FOR NINE (9) RESIDENTIAL LOTS - CHARLES MESERLIAN
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board of County Commissioners held a public hearing on the 1st day of
March, 2006, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing the
application of Charles Meserlian, 2324 Plains Court, Fort Collins, Colorado 80521, fora Site Specific
Development Plan and Minor Subdivision Final Plan, MF #1039, for nine (9) residential lots on the
following described real estate, to -wit:
Part of the N1/2 of Section 10, Township 7 North,
Range 67 West of the 6th P.M., Weld County,
Colorado
WHEREAS, Jeff Couch, TEAM Engineering, 3468 Shallow Pond Drive, Fort Collins,
Colorado 80528-7002, represented said applicant, and
WHEREAS, Section 24-3-50 of the Weld County Code provides standards for review of said
Minor Subdivision Final Plan, and
WHEREAS, the Board of County Commissioners heard all of the testimony and statements
of those present, studied the request of the applicant and the recommendations of the Weld County
Planning Commission and all of the exhibits and evidence presented in this matter and, having been
fully informed, finds that this request shall be approved for the following reasons:
1. The submitted materials are in compliance with the application requirements of
Section 24-3-50 of the Weld County Code.
2. It is the opinion of the Board of County Commissioners that the applicant has shown
compliance with Section 24-3-60 of the Weld County Code, including specifically:
a. Section 24-3-60.P.1 -- The proposed site is not influenced by an
Intergovernmental Agreement. The site is within the three-mile referral area
for the Town of Severance; however, the Town did not respond to referral
request.
b. Section 24-3-60.P.2 -- The subject property is categorized as "Prime" and
"Irrigated Land not Prime" by the United States Department of Agriculture
(U.S.D.A.) "Farmlands of National Importance Map," dated 1979. The
productivity of the site was reviewed through previous applications and it has
been determined that the subdivision is appropriate for this location.
c. Section 24 -3 -60.P.3 —Provisions have been made fora public water supply
that is sufficient in terms of quantity, dependability, and quality to provide
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MINOR SUBDIVISION FINAL PLAN (MF #1039) - CHARLES MESERLIAN
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water for the Minor Subdivision, including fire protection. The lots will be
served by the North Weld County Water District. The applicant has indicated
two fire hydrants will provide fire flow. In a referral dated August 31, 2005,
the Windsor -Severance Fire Protection District indicated the applicant has
met all Fire District concerns.
d. Section 24-3-60.P.4 -- Individual sewage disposal systems will handle the
effluent flow, and will complywith state and local laws and regulations which
are in effect at the time of submission of the Minor Subdivision.
e. Section 24 -3 -60.P.5 --All areas of the Minor Subdivision, which may involve
soil or topographical conditions presenting hazards, or requiring special
precautions, have been identified by the applicant, and the proposed uses of
these areas are compatible with such conditions. The Weld County Building
Inspection Department is requiring each building permit to include an
engineered foundation based on a Site -Specific Geotechnical Report or an
open hole inspection performed by a Colorado registered engineer. Further,
a note on the plat will notify future property owners that lots may not
accommodate full -depth basements due to groundwater levels.
f. Section 24-3-60.P.6 -- The streets within the Minor Subdivision are adequate
in functional classification, width, and structural capacity to meet the traffic
requirements of the Minor Subdivision. Standards are established in
Appendices 24-D and 24-E of the Weld County Code. The applicant is
proposing a 26 -foot wide gravel surface interior roadway. The proposal
meets County requirements and was approved at the Change of Zone
phase. Weld County School District RE -4 has required that the entryway be
stabilized with recycled asphalt or pavement. The applicant is being required
to redesign the entryway to meet the requirements of the School District and
Weld County Department of Public Works.
9.
Section 24-3-60.P.7 — Off -site street or highway facilities providing access
to the proposed Minor Subdivision are adequate in functional classification,
width, and structural capacity to meet the traffic requirements of the Minor
Subdivision. The applicant is being required to submitted an Agreement for
Improvements for County Roads. The agreement must be reviewed by the
Weld County Department of Public Works and accepted by the Board of
County Commissioners prior to recording the final plat.
h. Section 24-3-60.P.8 — Construction, maintenance, snow removal and other
matters pertaining to, or affecting, the road and rights -of -way for the Minor
Subdivision are the sole responsibility of the landowners within the Minor
Subdivision. The Conditions of Approval require the Covenants to be
amended to include a plan to maintain roadways within the Minor
Subdivision, especially during inclement weather conditions for emergency
vehicles as recommended by the Weld County Sheriff's Office.
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MINOR SUBDIVISION FINAL PLAN (MF #1039) - CHARLES MESERLIAN
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Section 24-3-60.P.9 — The Minor Subdivision is not part of, or contiguous
with, a previously recorded subdivision or unincorporated townsite. At the
time of submittal no developments were adjacent to this site. The property
adjacent to the west is currently being reviewed for a Planned Unit
Development Change of Zone. At this time the Change of Zone has not been
heard by the Board of County Commissioners.
j.
Section 24-3-60.P.10 -- There will be no on -street parking permitted within
the Minor Subdivision.
k. Section 24-3-60.P.11 -- No additional access to a county, state or federal
highway will be created.
I. Section 24-3-60.P.12 — The ingress and egress to all lots within the Minor
Subdivision will be to an internal road circulation system.
m. Section 24-3-60.P.13 — Facilities providing drainage and stormwater
management are adequate. The Weld County Department of Public Works
has included conditions that must be completed prior to recording the final
plat. The completion of the Conditions should ensure that drainage
requirements have been met.
n. Section 24-3-60.P.14 — The maximum number of lots within the Minor
Subdivision will not exceed nine (9) lots.
o. Section 24-3-60.P.15 — The Minor Subdivision will not cause an
unreasonable burden on the ability of local governments or districts to
provide fire and police protection or other services. The Weld County
Sheriffs Office indicated, in a referral dated August 18, 2005, that it lacks the
ability to absorb any additional service demand without the resources
recommended in the multi -year plan provided to the Board of County
Commissioners, or as indicated by growth not considered at the time the
plan was developed. No other entities indicated concerns in servicing the
site.
p. Section 24-3-60.S — The Minor Subdivision will not have an undue adverse
effect on wildlife and its habitat, the preservation of agricultural land, and
historical sites. The Division of Wildlife indicated no conflicts with the
proposal, in the referral response dated August 21, 2005.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Charles Meserlian for a Site Specific Development Plan
and Minor Subdivision Final Plan, MF #1039, for nine (9) residential lots on the hereinabove
described parcel of land be, and hereby is, granted subject to the following conditions:
1. Prior to recording the Minor Subdivision Final Plat:
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MINOR SUBDIVISION FINAL PLAN (MF #1039) - CHARLES MESERLIAN
PAGE 4
A. All sheets of the plat shall be labeled "Prairie Hollow Estates Minor
Subdivision - ME -1039".
B. The applicant shall submit a recorded deed which transfers the mineral
interest associated with the property to the Prairie Hollow Homeowners'
Association.
C. The applicant shall provide the Weld County Department of Planning
Services with a Statement of Taxes from the Weld County Treasurer
showing no delinquent taxes exist for the original parcel.
D. The applicant shall resubmit, to the Weld County Department of Planning
Services, an On -Site Improvements Agreement According to Policy
Regarding Collateral for Improvements (Private Road Maintenance), which
includes an itemized account of "Exhibit A" for review and approval by Weld
County staff.
E. The applicant shall submit an original, appropriately signed and dated,
Improvements Agreement According to Policy Regarding Collateral for
Improvements (Private Road Maintenance), including the form of collateral,
to be reviewed and approved by the Board of County Commissioners. The
security for the agreement shall be tendered and accepted by the Board of
County Commissioners.
F. The applicant shall submit the original, appropriately signed and dated,
Agreement for Improvements for County Roads, including the form of
collateral, to be reviewed and approved by the Board of County
Commissioners. The security for the agreement shall be tendered and
accepted by the Board of County Commissioners.
G. The Covenants shall be corrected and resubmitted, for review and approval,
by the Weld County Departments of Planning Services and Public Health and
Environment and the Weld County Attorney's Office. The Covenants shall
be amended to include the appropriate information, including subdivision
name, street name, architectural control committee, lot irrigation information,
signature blocks, and all conditions indicated on Checklist for Review of
Covenants submitted bythe County Attorney's Office, The Covenants shall
also state that activities such as landscaping (i.e. planting of trees and
shrubs) and construction (i.e. auxiliary structures, dirt mounds, etcetera) are
expressly prohibited in the designated absorption field site. The Covenants
shall include a plan to maintain roadways within the Minor Subdivision,
especially during inclement weather conditions for emergency vehicles as
recommended by the Weld County Sheriff's Office.
H. Upon approval, finalized Covenants, and the appropriate recording fee
(currently $6 for the first page and $5 for each additional page), shall be
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MINOR SUBDIVISION FINAL PLAN (MF #1039) - CHARLES MESERLIAN
PAGE 5
submitted to the Weld County Department of Planning Services for
recording.
I. The applicant shall provide the Department of Planning Services with
Certificates from the Secretary of State showing the Homeowners'
Association has been formed and registered with the State.
J. The applicant shall submit evidence from the Weld County Department of
Public Works indicating that they have met all Department conditions as
follows:
1) Intersection sight distance triangles at development entrances shall
be shown on the resubmitted final plat to comply with AASHTO's
"A Policy on Geometric Design Highways and Streets". The plans
submitted to the Department of Public Works do not include sight
distance triangles. Re -submitted final plat drawings and roadway/
construction and grading plan drawings shall be stamped, signed,
and dated. Construction details must be included.
2) Weld County Roads 21 and 84 are classified by the County as local
roads and each require a 60 -foot rights -of -way. The rights -of -way
are not dimensioned and labeled on the final plat. Each 30 -foot
right-of-way shall be dimensioned and labeled on the final plat by the
surveyor.
3) The Final Drainage Report for Prairie Hollow Estates, dated April 20,
2005, by Team Engineering, Inc., is generally acceptable with the
following exceptions:
a) The Final Drainage Report shall include a Flood Hazard
Review documenting any FEMA defined floodways. The
engineer shall reference the specific map panel number,
including date. The development site shall be located on the
copy of the FEMA map.
b) The Overall Grading and Drainage Plan shall label the ponds
on the plans, and they must correspond to the Final Drainage
Report. The pond elevations appear to be incorrect. The
sub -basin areas do not correspond to the report calculations.
c) Elevations of the detention ponds (especially berm) shown on
the Final Drainage Report do not appear to correspond with
elevations shown on the overall grading and drainage plan.
Re -submitted materials shall address the discrepancy.
d) Stormwater/drainage facility details must be provided in the
construction plans for the proposed headwall with orifice
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MINOR SUBDIVISION FINAL PLAN (ME #1039) - CHARLES MESERLIAN
PAGE 6
plate. Additional information must be provided for the Type C
inlet construction.
e) All culverts shall be labeled (called -out to include lengths and
size, including flared end sections) on the construction plans.
f) Design compliance with the 100 -year storm event has been
shown; however no design calculations relating to the 5 -year
storm event have been located within the Final Drainage
Report.
g)
The Final Drainage Report (sealed by the engineer of record)
shall be resubmitted to the Department of Public Works for
review and acceptance.
K. Prior to recording the final plat, the applicant shall provide written evidence
to the Department of Planning Services from Weld County School District
RE -4 which indicates that the cash -in -lieu of land dedication fee has been
paid.
L. Weld County School District RE -4 has required that the entryway be
stabilized with recycled asphalt or pavement. The applicant shall submit
written evidence to the Department of Planning Services that the entryway
meets the requirements of the School District and Weld County Department
of Public Works.
M. The plat shall be amended to delineate the following:
1) The plat indicates that an easement for Western Slope Gas was
recorded in Book 640. The title policy for the site states that it was
recorded in Book 648. The applicant shall verify the information and
the correct recording information shall be delineated on the plat.
2) The plat shall include the appropriate signature blocks as delineated
in Appendix 24-B of the Weld County Code.
3) The landscape median at the entrance to the Minor Subdivision shall
be shown as an outlot which shall be owned and maintained by the
Homeowners' Association. A deed transferring ownership of the
outlot, along with the appropriate recording fee (currently $6 for the
first page and $5 for all others), shall be submitted with the final plat
for recording by the Department of Planning Services.
N. The Final Plat is conditional upon the following and that each be placed on
the Final Plat as notes prior to recording:
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MINOR SUBDIVISION FINAL PLAN (MF #1039) - CHARLES MESERLIAN
PAGE 7
1) The final plat allows for E (Estate) Zone uses, which shall comply
with the Estate Zone District requirements as set forth in Chapter 23
of the Weld County Code. The Minor Subdivision shall consist of
nine (9) residential lots.
2) Water service shall be obtained from the North Weld County Water
District.
3) A Weld County septic permit is required for each proposed septic
system, which shall be installed according to the Weld County
Individual Sewage Disposal System (I.S.D.S.) Regulations. Each
septic system shall be designed for site -specific conditions,
including, but not limited to: maximum seasonal high groundwater,
poor soils, and shallow bedrock.
4) All septic system envelopes must be located a minimum of 100 feet
from all irrigation ditches, wells, and/or ponds, and 25 feet from a
detention pond.
5) Activities such as landscaping (i.e. planting of trees and shrubs) and
construction (i.e. auxiliary structures, dirt mounds, etcetera) are
expressly prohibited in the designated absorption field site.
6) If required, the applicant shall obtain a Stormwater Discharge Permit
from the Water Quality Control Division of the Colorado Department
of Public Health and Environment. Silt fences shall be maintained on
the down gradient portion of the site during all parts of the
construction phase of the project.
7) During development of the site, all land disturbances shall be
conducted so that nuisance conditions are not created. If dust
emissions create nuisance conditions, at the request of the Weld
County Department of Public Health and Environment, a Fugitive
Dust Control Plan must be submitted.
8) In accordance with the Regulations of the Colorado Air Quality
Control Commission, any development that disturbs more than
five (5) acres of land must incorporate all available and practical
methods which are technologically feasible and economically
reasonable in order to minimize dust emissions.
9) If land development creates more than a 25 -acre contiguous
disturbance, or exceeds six (6) months in duration, the responsible
party shall prepare a Fugitive Dust Control Plan, submit an Air
Pollution Emissions Notice, and apply fora permit from the Colorado
Department of Public Health and Environment.
2006-0365
PL1712
MINOR SUBDIVISION FINAL PLAN (MF #1039) - CHARLES MESERLIAN
PAGE 8
10) Construction on, or around, any ditch, which conveys water to
surrounding properties, shall be done so that the delivery of water is
not impaired.
11) All landscaping within the sight distance triangles must be less than
3.5 feet in height at maturity.
12) There will be no on -street parking permitted within Prairie Hollow
Estates.
13) Lots may not accommodate full -depth basements due to
groundwater levels.
14) The emergency access shall remain gated. Only in emergencies
shall it be utilized.
15) "Weld County's Right to Farm", as stated on this plat, shall be
recognized at all times.
16) All signs on the site shall maintain compliance with Section 23-4-80
of the Weld County Code.
17) The site shall maintain compliance, at all times, with the
requirements of the Weld County Government.
18) Weld County personnel shall be granted access onto the property at
any reasonable time in order to ensure the activities carried out on
the property comply with the Development Standards stated herein
and all applicable Weld County regulations.
19) Installation of utilities shall comply with Section 24-9-10 of the Weld
County Code.
20) A Homeowners' Association shall be established prior to the sale of
any lot. Membership in the Association is mandatory for each parcel
owner. The Association is responsible for liability insurance, taxes
and maintenance of open space, streets, private utilities and other
facilities, along with the enforcement of the Covenants.
21) A building permit shall be obtained prior to the construction of any
building, except those exempted by the Weld County Building Code.
22) A plan review is required for each building for which a building permit
is required. Plans shall include a floor plan, and may be required to
bear the wet stamp of a Colorado registered engineer.
2006-0365
PL1712
MINOR SUBDIVISION FINAL PLAN (MF #1039) - CHARLES MESERLIAN
PAGE 9
23) Buildings shall conform to the requirements of the various codes
adopted at the time of permit application.
24) Each building will require an engineered foundation based on a
Site -Specific Geotechnical Report or an open hole inspection
performed by a Colorado registered engineer. Engineered
foundations shall be designed by a Colorado registered engineer.
25) Fire resistance of walls and openings, construction requirements,
maximum building height, and allowable areas, will be reviewed at
the plan review. Setback and offset distances shall be determined
by Chapter 23 of the Weld County Code.
26) Building height shall be measured in accordance with the adopted
Building Code for the purpose of determining the maximum building
size and height for various uses and types of construction, and to
determine compliance with the Bulk Requirements from Chapter23
of the Weld County Code. Building height shall be measured in
accordance with Chapter 23 of the Weld County Code in order to
determine compliance with offset and setback requirements. Offset
and setback requirements are measured to the farthest projection
from the building.
27) Effective January 1, 2003, building permits issued on the proposed
lots will be required to adhere to the fee structure of the County -Wide
Road Impact Program.
28) Effective August 1, 2005, building permits issued on the subject site
will be required to adhere to the fee structure of the Capital
Expansion Impact Fee and the Stormwater/Drainage Impact Fee.
29) The Weld County Sheriff's Office will have limited traffic enforcement
powers on roadways within subdivisions which are not maintained or
adopted by the County.
30) Oil and gas facilities within the propertywill be fenced to mitigate the
potential for tampering.
O. The applicant shall submit a digital file of all drawings associated with the
final plan application. Acceptable CAD formats are .dwg, .dxf, and .dgn
(Microstation); acceptable GIS formats are .shp (Shape Files), Arclnfo
Coverages and Arclnfo Export files format type is .e00. The preferred format
for Images is .tif (Group 4) ... (Group 6 is not acceptable).
2006-0365
PL1712
MINOR SUBDIVISION FINAL PLAN (MF #1039) - CHARLES MESERLIAN
PAGE 10
2. Prior to issuance of building permits:
A. The applicant shall provide an electronic or CADD drawing meeting
Windsor -Severance Fire Protection District requirements, as indicated in the
referral response dated August 31, 2005.
3. Upon completion of Condition of Approval #1 above, the applicant shall submit two
(2) paper copies of the plat for preliminary approval to the Weld County Department
of Planning Services. Upon approval of the paper copies, 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 Weld County Clerk and Recorder
by the Department of Planning Services. The plat shall be prepared in accordance
with the requirements of Section 24-3-50 of the Weld County Code. The Mylar plat
and additional requirements shall be submitted within thirty (30) days from the date
the Board of County Commissioners Resolution was signed. The applicant shall be
responsible for paying the recording fee.
4. In accordance with Weld County Code Ordinance 2005-7, approved June 1, 2005,
should the plat not be recorded within the required thirty (30) days from the date of
the Board of County Commissioners Resolution, a $50.00 recording continuance
charge shall be added for each additional three (3) month period.
5. No development activity shall commence on the property, nor shall any building
permits be issued, until the Final Plan has been approved and recorded.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 1st day of March, A.D., 2006.
BOARD OF COUNTY COMMISSIONERS
WELD CO, TY, COLORADO
ATTEST:
J. Geile, Chair
Weld County Clerk to the
BY:
Duty Clerk to the BoaI
APPR • I"AS TO FOR
A omey
Date of signature: 3 2 Z /Re
XCUSED
David E. Long, Pro-Tem
Wi ' m . Jerke
Robert D. Masden
EXCUSED
Glenn Vaad
2006-0365
PL1712
RESOLUTION
RE: GRANT CHANGE OF ZONE #1039 FROM A (AGRICULTURAL) ZONE DISTRICT TO
E (ESTATE) ZONE DISTRICT FOR A NINE (9) LOT MINOR SUBDIVISION - CHARLES
MESERLIAN
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, a public hearing was held on the 14th day of April, 2004, at 10:00 am. for the
purpose of hearing the application of Charles Meserlian, 2324 Plains Court, Fort Collins, Colorado
80521, requesting a Change of Zone from the A (Agricultural) Zone District to the E (Estate) Zone
District fora nine (9) lot Minor Subdivision fora parcel of land located on the following described real
estate, to -wit:
Part of the NE1/4 of Section 10, Township 7 North,
Range 67 West of the 6th P.M., Weld County,
Colorado
WHEREAS, the applicant was represented by Jeff Couch, Team Engineering, 3468 Shallow
Pond Drive, Fort Collins, Colorado 80528-7002, and
WHEREAS, Section 23-2-40 of the Weld County Code provides standards for review of such
a Change of Zone, and
WHEREAS, the Board of County Commissioners heard all the testimony and statements
of those present, studied the request of the applicant and the recommendation of the Weld County
Planning Commission and, having been fully informed, finds that this request shall be approved for
the following reasons:
1. The applicant has complied with all the application requirements listed in
Section 23-2-50 of the Weld County Code.
2. The request is in conformance with Section 23-2-40.B of the Weld County Code as
follows:
a. Section 23-2-40.B.1 -- The proposal is consistent with Chapter 22 of the
Weld County Code.
1) Section 22-2-60.G (A. Policy 7.1) states, 'Weld County recognizes
the right to farm. In order to validate this recognition the County has
established a statement which should be incorporated on all pertinent
land use plats? The Department of Planning Services will require
Weld County's Right to Farm statement to appear on all recorded
plats.
LAC ; i°- J A/24,e9 ,e/e) /4 /q719200p4L0892
CHANGE OF ZONE (COZ #1039) - CHARLES MESERLIAN
PAGE 2
2) Section 22-2-60.C (A.Goal.3) discourages urban -scale residential
development which is not located adjacent to existing incorporated
municipalities. The proposed minor subdivision does not propose an
urban -scale development as defined by the Weld County Code, and
it is not located adjacent to existing incorporated municipalities,
subdivisions or unincorporated town sites.
b. Section 23-2-40.B.2 -- The uses which will be allowed on the subject
property by granting this Change of Zone will be compatible with the
surrounding land uses. The proposed site does not lie within the Urban
Growth Boundary or Intergovernmental Agreement for any municipality. The
subject property lies within the three-mile referral area of the Town of
Severance, but the town did not respond. The Right to Farm statement is
required toappearon the recorded Change of Zone plat which informs any
new residents to the area that the surrounding community is agricultural in
nature. This Change of Zone will have a minimal impact on the surrounding
land uses.
c. Section 23-2-40.B.3 -- Adequate water and sewer service can be made
available to the site to serve the uses permitted within the proposed Zone
District. The applicant has a Water Service Agreement with the North Weld
County Water District, and the agreement has been approved by the Weld
County Attorney's Office. The Weld County Department of Public Health and
Environment has reviewed this proposal and has indicated the applicant has
satisfied Chapter 24 of the Weld County Code in regard to water and sewer
service. Sewer will be provided by individual sewage disposal systems and
the overall density meets the current Department policy. Each lot for the
proposed Minor Subdivision shall have an individual sewage disposal system
installed per the Weld County Department of Public Health and Environment
requirements and specifications.
d. Section 23-2-40.B.4 -- Street or highway facilities providing access to the
property are adequate in size to meet the requirements of the proposed Zone
District. Weld County Roads 21 and 84 are classified by the County as local
gravel roads and require a minimum 60 -foot right-of-way. The right-of-way
shall be verified and shown on the final plat. If the right-of-way cannot be
documented, it shall be dedicated on the final plat. This development will
introduce approximately 86 additional vehicle trips per day to the roadway
system. The applicant will be required to enter into an agreement with the
County to proportionately share the cost of improving Weld County Road 21.
The cost will be based on a proportion of the traffic generated by the
development to the existing traffic. The Weld County Department of Public
Works has required that the internal roadway right-of-way be sixty (60) feet
in width, including cul-de-sacs with a sixty-five (65) foot radius, and be
dedicated to the public. The typical roadway section of the interior roadway
shall be equivalent to Weld County Road 21 now and in the future.
2004-0891
PL1712
CHANGE OF ZONE (COZ #1039) - CHARLES MESERLIAN
PAGE 3
e. Section 23-2-40.B.5 -- In those instances where the following characteristics
are applicable to the rezoning request, the applicant has demonstrated
compliance with the applicable standards:
1) The proposed Change of Zone does not lie within any overlay district
identified by the maps officially adopted by Weld County.
2) The applicant will be required to submit an agreement with the
properties mineral owners stipulating that oil and gas activities have
been adequately incorporated into the design of the site or provide
evidence that the mineral owners' concerns have been mitigated.
3) Soils on the site may cause limitations for septic system installation.
The Weld County Department of Public Health and Environment has
required that each septic system be designed for site -specific
conditions including, but not limited to, maximum seasonal high
groundwater, poor soils, and shallow bedrock.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Charles Meserlian for a Change of Zone from the A
(Agricultural) Zone District to the E (Estate) Zone District for a nine (9) lot Minor Subdivision on the
above referenced parcel of land be, and hereby is, granted subject to the following conditions:
1. Prior to recording the Change of Zone Plat:
A. The Change of Zone plat shall be amended to delineate the following:
1) The plat shall be labeled MZ-1039.
2) All future signs, including entrance signs, street signs and stop signs,
shall be delineated on the plat.
3) Weld County Roads 21 and 84 are designated on the Road Capital
Improvement Plan in the County -Wide Road Impact Fee Code
Ordinance, Section 20-1-30, as local gravel roads, which require 60
feet of right-of-way at full build out. There is presently 60 feet of
right-of-way. A total of 30 feet from the centerline of Weld County
Roads 21 and 84 shall be delineated as right-of-way on the plat. This
road is maintained by Weld County.
4) All septic system envelopes must be located a minimum of 100 feet
from all irrigation ditches, wells, and/or ponds, and 25 feet from a
detention pond.
5) Additional right-of-way shall be required adjacent to the bus pullout
area equivalent to the width of the pullout lane.
2004-0891
PL1712
CHANGE OF ZONE (COZ #1039) - CHARLES MESERLIAN
PAGE 4
6) The internal roads shall address all issues indicated in the Weld
County Department of Public Works referral dated October 22, 2003.
7) The applicant shall address the concerns of the Weld County
Sheriffs Office as stated in a memo dated October 27, 2003, and
incorporate remedies for these concerns. Written evidence of a
solution shall be provided to the Department of Planning Services.
8) The Sheriffs Office has indicated residents should not have to cross
the street to access their mail. The applicant shall coordinate a mail
location that meets the postal services requirements and addresses
the Sheriffs Office concern. Evidence of such shall be submitted to
the Department of Planning Services.
9) The subdivision is in close proximity to Black Hollow Acres. The
Department of Planning Services has concerns that the similarity in
the names could cause problems for mail delivery and emergency
responders. The applicant shall contact the Weld County Sheriff's
Office, Weld County Paramedic Service, and the Postal Service to
discuss ways to mitigate confusion. If these agencies recommend
to change the subdivision name, the applicant shall submit a new
name to the Department of Planning Services for review and
approval.
10) The applicant shall provide the Weld County Department of Planning
Services with a Statement of Taxes from the Weld County Treasurer
showing no delinquent taxes exist for the original parcel.
11) The applicant shall submit written evidence of how the
Windsor/Severance Fire Protection District concerns have been met.
B. The Change of Zone plat map shall be submitted to the Department of
Planning Services for recording within thirty (30) days of approval by the
Board of County Commissioners. With the Change of Zone plat map, the
applicant shall submit a digital file of all drawings associated with the Change
of Zone application. Acceptable CAD formats are .dwg, .dxf, and .dgn
(Microstation); acceptable GIS formats are .shp (Shape Files), Arclnfo
Coverages and Arclnfo Export files format type is .e00. The preferred format
for Images is .tif (Group 4) ... (Group 6 is not acceptable).
2. The Change of Zone is conditional upon the following and each shall be placed on
the Change of Zone plat as notes, prior to recording:
A. The Change of Zone allows for Estate uses and shall comply with the
E (Estate) Zone District requirements as set forth in Section 23 of the Weld
County Code. The Minor Subdivision shall consist of nine (9) residential lots.
2004-0891
PL1712
CHANGE OF ZONE (COZ #1039) - CHARLES MESERLIAN
PAGE 5
B. Water service shall be obtained from the North Weld County Water District.
C. A Weld County Septic Permit is required for each proposed septic system,
which and shall be installed according to the Weld County Individual Sewage
Disposal System (I.S.D.S.) Regulations. Each septic system shall be
designed for site -specific conditions including, but not limited to, maximum
seasonal high groundwater, poor soils, and shallow bedrock.
D. All septic system envelopes must be located a minimum of 100 feet from all
irrigation ditches, wells, and/or ponds, and 25 feet from the detention pond.
E. Activities such as landscaping (i.e. planting of trees and shrubs) and
construction (i.e. auxiliary structures, dirt mounds, etcetera) are expressly
prohibited in the designated absorption field site.
F. If required, the applicant shall obtain a Stormwater Discharge Permit from
the Water Quality Control Division of the Colorado Department of Public
Health and Environment. Silt fences shall be maintained on the down
gradient portion of the site during all parts of the construction phase of the
project.
G. During development of the site, all land disturbances shall be conducted so
that nuisance conditions are not created. If dust emissions create nuisance
conditions, at the request of the Weld County Department of Public Health
and Environment, a Fugitive Dust Control Plan must be submitted.
H. In accordance with the Regulations of the Colorado Air Quality Control
Commission, any development that disturbs more than five (5) acres of land
must incorporate all available and practical methods which are
technologically feasible and economically reasonable in order to minimize
dust emissions.
I. If land development creates more than a 25 -acre contiguous disturbance, or
exceeds six (6) months in duration, the responsible party shall prepare a
Fugitive Dust Control Plan, submit an Air Pollution Emissions Notice, and
apply for a permit from the Colorado Department of Public Health and
Environment.
J. All landscaping within the site distance triangles must be less than 3.5 feet
in height at maturity and noted on the Landscape Plan. The bus stop bench
and mailboxes must be outside the sight distance triangles.
K. Weld County's Right to Farm, as stated on this plat, shall be recognized at
all times.
L. The site shall maintain compliance at all times with the requirements of Weld
County Personnel.
2004-0891
PL1712
CHANGE OF ZONE (COZ #1039) - CHARLES MESERLIAN
PAGE 6
M. Personnel from the Weld County Government shall be granted access onto
the property at any reasonable time in order to ensure the activities carried
out on the property comply with the Conditions of Approval stated herein and
all applicable Weld County regulations.
N. Installation of utilities shall comply with Section 24-9-10 of the Weld County
Code.
O. A Homeowners' Association shall be established prior to the sale of any lot.
Membership in the Association is mandatory for each parcel owner. The
Association is responsible for liability insurance, taxes and maintenance of
open space, streets, private utilities and other facilities, along with the
enforcement of the covenants.
P. Appropriate Building Permits shall be obtained prior to any construction or
excavation.
Q. No development activity shall commence, nor shall any Building Permits be
issued, until the Final Plan has been approved and recorded.
R. Lots may not accommodate full -depth basements due to groundwater levels.
S. Building Permits shall be obtained prior to the construction of any building.
T. A Plan Review is required for each building. Plans shall bear the wet stamp
of a Colorado registered architect or engineer. Two complete sets of plans
are required when applying for each permit.
U. Buildings shall conform to the requirements of the various codes adopted at
the time of permit application. Currently, the following has been adopted by
Weld County: 2003 International Building Code, 2003 International
Mechanical Code, 2003 International Plumbing Code, and Fuel Gas Codes,
2002 National Electrical Code, and Chapter 29 of the Weld County Code.
V. Each building will require an engineered foundation based on a site -specific
geotechnical report or an open hole inspection performed by a Colorado
registered engineer. Engineered foundations shall be designed by a
Colorado registered engineer.
W. Building height shall be limited to the maximum height allowed per UBC
Table 5-B. Wall and opening protection and limitations shall be in
accordance with UBC Table 5-A. Separation of buildings of mixed
occupancy classifications shall be in accordance with UBC Table 3-B and
Chapter 3. Setback and offset distances shall be determined by the
Chapter 23 of the Weld County Code.
2004-0891
PL1712
CHANGE OF ZONE (COZ #1039) - CHARLES MESERLIAN
PAGE 7
X. Building height shall be measured in accordance with the 2003 International
Building Code for the purpose of determining the maximum building size and
height for various uses and types of construction and to determine
compliance with the Bulk Requirements from Chapter 23 of the Weld County
Code. Building height shalt be measured in accordance with Chapter 23 of
the Weld County Code in order to determine compliance with offset and
setback requirements. When measuring buildings to determine offset and
setback requirements, buildings are measured to the farthest projection from
the building.
Y. The emergency access shall remain gated, only in emergencies shall it be
utilized.
3. At the time of Final Plat:
A. Prior to recording the final plat, the applicant shall provide written evidence
from Weld County School District RE -4 which indicates that all District
requirements have been met.
B. The applicant shall submit an Improvements Agreement regarding collateral
for all improvements to the Minor Subdivision for acceptance by the Board
of County Commissioners prior to recording the final plat.
C. The applicant shall submit covenants for the Minor Subdivision. The
covenants shall include the following language for the protection of septic
envelopes, activities such as landscaping (i.e. planting of trees and shrubs)
and construction (i.e. auxiliary structures, dirt mounds, etcetera) are
expressly prohibited in the designated absorption field site. The covenants
shall be approved by the Weld County Attorney's Office prior to recording the
final plat.
D. The right-of-way for the internal roadway shall be dedicated to the County.
E. The applicant shall enter into an agreement with Weld County to
proportionally share the cost of improvements to Weld County Road 21. The
applicant shall submit a proposed agreement with the final plat application.
F. The applicant shall submit to the Department of Planning Services approval
of preliminary addresses and street name from the Postal Service, Fire
District, and Sheriffs Office.
G. The applicant shall submit written evidence to the Department of Public
Works from the School District of jurisdiction regarding the bus pullout.
Evidence of such shall be submitted to the Department of Planning Services.
2004-0891
PL1712
CHANGE OF ZONE (COZ #1039) - CHARLES MESERLIAN
PAGE 8
H. The applicant shall submit written evidence to the Department of Public
Works from the Post Office of jurisdiction regarding the mailbox turnout.
Evidence of such shall be submitted to the Department of Planning Services.
1. All landscaping within the site distance triangles must be less than 3.5 feet
in height at maturity, and noted on the Landscape Plan. The bus stop bench
and mailboxes must be outside the sight distance triangles.
J. Roadway and grading plans, along with details, must be approved prior to
recording the final plat. Indicate Stop signs and street names on final
roadway plans.
K. Easements shall be shown in accordance with County standards and/or
Utility Board recommendations on the final plat.
L. A final drainage report and construction plans, conforming to the drainage
report, shall be approved prior to recording the final plat.
M. Prior to recording the final plat, the applicant shall submit a digital file of all
drawings associated with the Final Plan application. Acceptable CAD
formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS formats are
.shp (Shape Files), Arclnfo Coverages and Arclnfo Export files format type
is .e00. The preferred format for Images is .tif (Group 4) ... (Group 6 is not
acceptable).
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 14th day of April, A.D., 2004.
BOARD OF COUNTY COMMISSIONERS
ATTEST:
Weld County Clerk to the
BY:
Deputy Clerk to the Boa
AP '-O AS TO
ounty ' t • rney
Date of signature: 1
WELD COUNTY, COLORADO 4_X1C----
obert D. Masden, Chair
M. J.
Glelin
2004-0891
PL1712
IIIINIIIIIIiIIIIIIIIIIiIIIiIIIIIIIIIIIIIIIIIIIIIIIIII
18 a&aCl2W 9tH Weltl County CO
sl x 841.W O.W BMa MmeIro CM McRamder
VICINITY MAP
SCALE 1" = 2000'
MZ-1039
PRAIRIE HOLLOW ESTATES —CHANGE OF ZONE
Situate in a portion of the Northeast Quarter of Section 10,
Township 7 North, Range 67 West of the 6th Principal Meridian,
County of Weld, State of Colorado
PROPERTY DESCRIPTION:
That portion of the Northeast Quarter of Sec0on 10, Township 7 North, Range 67 West of the 6th Principal Mete,County of Weld, State of Colorado, more p010y 4410r
described air olio.:
Conap ,ring the EOslerly line ,f the Warr. st '"or ter of Section to ownaM1ip > Norte. Range E7 Wset of Me 6ih Principal Meridian as 'mg=
by a 2 alumina
with all bearings contained oherentrelative thereto: Seaton ontl a 2 1/2" Oiuminum cap V.L5. 10740 at the Eazt 0uar<er comer of aoid 5e<llon to bear S 00°i 0'31"W andm
Beginning at the Northern\ corner of aoid Section; THENCE S 00.10'31'W, 1442.13 feet along the Easterly line al said Northeast Quarter la the Northeast corner of
Subdivision Exemption Ne. 908; THENCE 5 85°347118 419.03 feel along the Northerly line of mid Subdivision Exemption and the Northerly line of Lot A. Recorded Exemption
41 No. 0705 -10 -1 —RE -3175 to the Northwest corner of said Lot A; THENCE 5 82°So•20w. 165884 feet along the Northerly line of Lot B of said Recorded Exemption \0 0
point on the centerline of the Lorimer County Canon THENCE along mid centerline and along the 8, 86ly line o that or icul3 parcel of fond conveyed of Reception No.
3017185 of the Weld ,Omr,1991 Record, the fallowing eleven omrses old de\4nces, O N 43°69'39"W, 666.87 feet; 2) 680802'33"W. 152.36 leer, 3) N 46°10'30"5, 22056
9 eN 13 22'29''W,256.111 feet, 16 0) IN 42°48'3MW. 148.Os feet: 259.53 fet;11) N)14'56'07•'W, 284.2173 feet; feet to a)P point on the Northerly0 lMe' of said Northeast Quaker: (THENCE N 89°57'30" E,
2099.29 feet clang said Northerly line to the PONT OF BEGINNING, containing 80.00 Acres more or lees.
PROPERTY OWNER'S CERTIFICATE: t(
The un a4or et y ownerrs do hereby agree to this CHANGE OF ZONE
et described hereon this ft/ y V(LwJ� 200°
t0 gn324.
Charles L. Meeerlian
STATE OF COLORADO)
COUNTY OF WELD) )55
The forgoing dedication asacN�qq 2005 by Charles L. Newnan.
My Commission Expires: �'yy
Notary Fi
Mtn, my heel and
PLANNING COMMISSION CERTIFICATE:
This is t (terekol pth0lland edo tionloi tlhisnCHANGE OF ZONE as anownaond descdbedetn reono`nsend !Dane 604rd Dr C920S CO%(11lssi0ners, WCIa 002636 1001400. for Ira
coy(irma p ro a p y o 2005.
zher
Chain Weld County Plinio Commission
STATE OF COLORADO)
COUNT, OF WELD) )65
The 14.g dedication was acknowledged b- e M
My CO,.
Patchy 52511c
hand and seal
day of
2005
HOARD OP COUNTY COMMISSIONERS CERTIFICATE:
Thi2 },�ce1aey that of Counm ty Com 120059' Weld County, Coe1ado, does hereby confine end p 01e CHANGE OF ZONE as sham and described thi
n
dH yo w
'L0 f
Choir Board of County commissiohees
ATTE5m. 44/11d4
Wend Co tY Clerk ,o I Board
6y:
Deputy er in me>mara,
SURVEYOR'S' CERTIFICATE:
Dried: -ae-ar—
MmnT F g p(� tee P al La d Surveyor yin the Stat Colorado, do h e et t t e er teed by th s c my pemon41
ontl b RW b(t -lf M t ibe rid the pat o may wlha pplcabde rules, regulations and of IX State of COorado, StottBaird of
Reg slroto0n ,644y6 A'FJig) d Profess angle Lend 50naY rind Was County
tts'
BY:
Mork F. C1
For Absolute
onh$
nCE: According la Celorodo low
you must
any legal action based open an .t
three years offer you first re
discover survey
e a defect In anion
based man ony detect in tnis survey be commented
more than ten years m Me doe of the
certificationshown hereon.
Dated'. w-'f'or
WELD COUNTY'S RIGHT TO FARM:
Weld County is one of the moost productive agricultural counties in the united States; ranking fifth in total market value of floricultural products sold. The rural areas of Weld County
Ia open ontl nt'u' us, ul they ore InlenaWely 7sde for agriculture, Persona moving Info 0 Tirol area must recognize and accept :ern ars drdwbacke. Including canfacle wiM
long standing agricultural practices ontl lawn level a! services tion in town. Wong tm the re andcwa come the Without neighboring bMcM1 ofarms urban dwellers a relocate tc rural area:
(o turn) Weld LeunM snrsssidwil4lfkly :tek dr ci`y eaeae end congestion, ontl the rural atmosphere re and way of rife. Wifheut neighboring tam's, thorn fentur32 whim attract urban dwellers
y wnu gale gone
Agricultural users of the land should not be expected to change their ton-establieheed agricultural practice, to OCCOMMOdate the intrusions of whorl users into rural area. Wall run
agricultural active,. will generate off -site impacts, including notes from tractors eg ipmenti How -moving fern) vehicles on enrol roaas; duet from animal s, field work,
eat. a. grovel roods, odor Dolma a fro ditch burning; Mee mosquitoes; end the pesticides pens,
ncludineg t aerial gm Di d reservoirs cannot s1 pY e moved out of tite way residgelgi de pment without to use
e el 'Mehl den Y irrigation to
bet ice 1s essential toga, production. c
Section 35-3.5-102. C.R.., provides teal on agricultural oo1;lir n moll not be found to be a public or private nuan5e it the agrlcullural °pried" alleged to be o nuisance
e y eModa mchces that are commonly or reavon4bly aneocialetl with agriculfurvl produelion.
Weld County covers apland area of over 4,000 square miles in aide (twice the State of Delaware) . _ polities. i
magnitude or the area el be serves emergency
a available eluding la law enforcement at is lancet on more
miles
than county
mug and the
wblch mu_k oil is to rd may delay all em including n law enforcement ambulance iris fire. Fire provide M is wall of surf surface
hexpected fro county paved r oil. Snow
y ergency responses, no
p visually pr y
jabs and families to respond to roods
fromciee. County gravel roods, often they ore bladed, w not provide lee same kind o! sal for oaderwit from a paved road. 5
removal Priority
fo mean that roads may
suhe privat to arterialsty of mhos eowne for several es days after o . in snowstorm. Snow Tee equfoe , to wahin mdse iices. ore of the
lowest priority for public works ar may if the private responsibility dw of the homeowners. Services in me areas, in many caeca, will not be equivolenl to municipal services. P.urol
dwellers must, by necessity, be more sell -sufficient then urban dweller.
Children exposed to different hazards n the county than urban setting. F equipment a all lief equipment, ponds n ditches electrical power
enter piotopet s, high speed Morrie, and bum puncture vines, territorial form dogs, and livestock s to chieren. Controlling ildren s
adiHli sp is pe eM, n, only r then a fete• but oleo for the protection of the formers livelihood. Parents are p s181e for their Mildren.
COUNTY NOTES:
A. The Cage bf Zoneell'ws tot Eelate uses and shall comply wife Me E (E,tote) Zone District requirements as set forth in Section 23 of the Weld County Code. The Minor Subdivision shall
consist o n e (9) rest en inl o a.
B. Water service aholl be obtained from the North Weld County Water District.
C. 4 weld County Septic Permit Is required for 1450 proposed 22500 ayretem a d anal! be inaelled 005012:60 a 158 Weld 522517 Individual 5ewge 01600892 System (I.S.O.S.) Reg nova. 6000
septic system snail be designed far site-vpe<ific conditions inclutling, bu< not amaed to, maximum season high groundwater, poor soile, aria anaCOw tesrocN.
D. All ma, syetem envelopes must be located a minimum of MO feet from all irrigation ditches, wells,and/or ponds, and 25 feet earn the detention pond.
E. A 0vilies 3455 66 landscaping (i.e. planting of tree, and shrubs) ohs construction (le. auxiliary structures, dirt mounds, etcetera) ore expressly prohibited in the designated absorption fie0
F she.
requires, the appiicnnt moll o0ain a Sermh 1141 Discharge Permit from 15, Water 04Oty Control 0ivivi01 of the colored, Deportment of Public Health and Environment. Sill fences shall
be 0701706102 0n the do gradient portion o e site during all part, of Me construction Phase al < e )eel.
6 Weil Ceunly Oeopment i of 412 olo Malin ane! Envolmnmen4 u11 F 9l,01010144e64 01 1Plon°must bensti1418 01. not 01,0420. 1122317'2-2 4re4te 7'90102 40141114,02, 1f 102 1630861 0f
partmen
H. In methodsaccord°, with
018 technologically a lotiode ally eeeoblehe Colorado mo Air Quality Control
in Comer a ml010:I any development
em1 thot
dieturss more than five acres of fond must incorporate all evadable a. practice
I. II land 000410Omenl creates more Than 25 —acre contiguoomically us disc 000106.07690660,614 (6) mo0M9'7 30111:01. the responsible pa70 shah prepare o 129itive Bust Cnntml Plan, rvhmi!
on oil 54110!116 20,1271000 notice IA5.4.6), an pp r o Permit from the Cu247044 ce 13270 0l 52045 Health 050 Environment.
J. AR Idntlsmpinq within the 6te distance 00131912, must be 1299 than 3.5 feet in height et maturity and noted on the Weeny44 Pen. The bus slop bench and Mailboxes must be 051010, the
era distnm ldonq:es.
S. Wald County's Right to Form. as MGM on this plat. shoal be 0200909,4 at all limes.
L. The Me shall men16M co0,161102 al all times with the 1equ;remedts of Reid County Riese.6l.
2. Ertbreneol 110441,1 0401 n)2 Welad 011010 aohd alto ap01 en 11 52 Id Ca untY ngulal onstne p1gedy a! My reasonable time In order to ensure the 955,1632 carried out on the property comply with the
0eta
N. Inst411alion of uti1illef 2ba11 comply with S20Non 24-9-00 of the Weld County Code.
0. A Homeowners' Asso04001 steal: be eslab:ehea prior to lee see of any M. Members02 0 the Association it mandatory for each parcel owner. The Association is responsible for liability
insurance, loxes and 'mime., or open apace, street, private utilities, and other focileee, along with the enforcement of the coven...
P. Appropriate Building Permits shall be obto1ned prior to ore 007,1 ucton or excavation.
0. No development activity snap commence, nor shall any Building Permits be ism., until the Finn1 Plan has been approved and recorded.
P. Lots moy not aceornModate full —depth basements sue to gr
oundwater ndwater levee.
S. Building Permits stall lee obtained prior to Me construction of ony building.
T. A Pion RM. 1s required for each building. Plans 45,21 bear the wet 710015 of a 5410,044 registered erchit4cl. 01 engineer. Two complete sets of plans ore required wren applying for tech
J. fi04ings stall rm to 101 4915012,4 C of Lh, various codes adopted lot the ti or04100 0ppncol45. 41110 0 the lollowl0 ens been as pt Weld Louny: 2003 Intemntionol
eu11d'nq C tle, 2003 rnlem9tiontll Mechonia4l Cade, 2003 International Plumbing Coda, and F I Goa Codes, 2002 National ElecMcol Code, and Cnoplere29 of the Wed County Code.
v. Sol ding o4I require an engineered lounaali0n b°9ea bit o it — p 111 g 7211,061 port er on open hole inspection performed by n Colomdo 0,393.!, engineer. Engineered
loundolions shall ba des 0 Colomdo gi0tered grocer.
Building height shod be limited to the maxima, height olmwed per 000 Table 5—B. Wall rid opening pmleclion and limit01:ons shall be in accodance with UDC Tohie 5-9. Separation 4f
W.
of mixed 051260/41 classifications shall be In 6154/74546 with U60 Table 3-6 and chapter 3. 5e\bo10 and 4116et distances shall he determines br a 79pter 23 of the Wen)
County Code
X. Building height shall be measured in accordance WithMe 2003 eternational Belding Code for the purpoee of determining um building Me n B I ' us uses 100 types
41500011.0n mplien wee the the k 7,,egu et'4n m Chapter 23 of the unty C tl Gilng he ght 201 u g d n o H h ShoDter _3 athh
Weldr Cveety C°decll4n prom thebud P rice with °flee) and seM°c4 q Medina,
requirements. When measuring ild na, o determine offset and setback requirements, buildings re measured to
Y. The emergency °eaeae shall remain goted, only In a geode$ .011 it be utilized.
PROPERTY OWNER:
QhaNea t"Vom
2324 Po7,, Cou8
Fort Colmar CO 60521
ABSOLUTE SURVEYING, INCORPORATED
P40126810891 Land 5Urv45418 Phone (970) 2031552
35 North Llnooln 02.811. 5ulte 6, Lootlood, Colorado 80537
Project: Prairie Hollow Estates Change of Zone MZ-1O39
By: 1 B. Revla I(6 -r -es
Client: Charles Meseriian
Damn
Peeled No.
JSR
03
4ppre
eciMFC
2241A Dale: 08-06-03
Ion
Seale i' 100
Ipilltill miNEuinutloom molt dwswxBte 6aaiR wem ueaw. ca o RE1.00 O.W by Horsed ClerFA Rapper
LaT
R -2041
MZ-1039
PRAIRIE HOLLOW ESTATES —CHANGE OF ZONE
Situate in .a portion -.of the Northeast Quarter of Section 10,
Township 7 North, Range 67 West of the 6th Principal Meridian,
County of Weld, State of Colorado
N 89'57'42'E 262844
629.13'
100 0 00 00
SCALE 1" = 100'
N 13°22'20"7
58.11'
N 09°15'19"E
112.89'
N 51°04'32'8--,
66.00'
N 64°56'12'E '
75.73'
CESSNA
REC. 03017585
tAxiMErgr,ixnN au,
pba9 a� warty.°eoev vx6e, vnsa al
no
30
BASIS OF BFARTNCS.'
cad o be a<t of e< rings are by yy
8205H7 West
be saction IOe TaenP89 NOrth.
Rdn0e 671".. of line
e b P.M. as bearing an aShown
s hereon.
3rw. Said line being monam<aee a< Shown
b<r<on.
NO1 Cf. M
oorn so, action defeat
in this s survey within mrae y after you first
discover such defect. In no event, may any ostion
boned nony def. in fbi6 survey b
ten yearrhereon.
from s date oltcommenced
he
mare an
certification n
0°oxu lr��Paan'5T3n
LECEND
FOI)ND 5E0008 MONUMENT AS DESCRIBED
• FOUND E4 REDO AND PLASTIC CAP L.S. 10855
• ANGLE 00151 SHOWN FOR REFERENCE ONLY
-� — — — BECTON LINE
N 09°57'42"il' 8099.31'
J�ELD COUN'/Y ROAD 184 .
urr*rar-War
S 65°34121"W 4190
SE -909
/ L
62°30'90'
658.84
GENFRAL NOTES:
LOT B
R -31TE
2 (SEE REPORT 80500 RCX FND PSSOCATES EIWC.)THIN THE PERIMETER OF THIS PROJECT.
3. MINERAL 15000500 AREAS ARE NNT L000TE0 WITH10 005 PERIMETER OF THIS PROJECT.
(SEE REPORT eY CHURCH 000 ASSOCIATES. INC.)
4. MODERATE pplPy SEVERE SOIL 01810q001)5 ARE NOT 0003100 WITHIN THE PERIMETER OF THIS PROJECT.
(SEE INFORF1800N P6005008 RY THE WEBT OREELET SOIL CONSERVATION DISTRICT)
LOT R
RE -3175
L02 H
P 945
=H,0J
LOT a
PE -2230
N
ZONING DATA:
EXISTING ZONE - "A" Agricultural
PROPOSED ZONE - "E" Estate
ABSOLUTE SURVEYING, INCORPORATED
Professional Land Surveyors Phone (970) 203-1552
1135 North Lincoln Avanu, Suite 6. ,Loveland. Colorado 80537
Prof
Prairie Hollow Estates Change of Zone MZ-1039
Client Chorles Meserlion
r can 021 956
8,09.08 N . 03-224
pprovetl Ey: MFC
Oat,: 08-06-03
Rev
Scale: I"=100
beef N.2 of
State of Idgm
County
4409441 06/22/2018 12:24 PM
Total Pages: 2 Rec Fee: $18.00
Carly Koppes - Clerk and Recorder, Weld County, CO
WARRANTY DEED
State Doc Fee: 550.00
Steer:eiders Few $18.00
THIS DEED is dated the 22nd day of June, 2018, and is made between
Alton Harper �7
(whether one, or more than one), the *Grantor' tithe County of e ( nJ hd Pn.. and State of Idalro and
Bryant Mundt and Kelsey Mundt the "Grantees`, whose legal address is 4.%3 p %tri A a-. iv:�L i� , ea �r'f C0
of the County end and State of Colorado.
WITNESS, that the Grantor, for and in consideration of the man of Five Hundred Thousand Dotlans and No
Cents ($500,000.00), the receipt and sdficiency of which is hereby a lowwiedged, hereby grants, bargains,
sells, conveys and confirms unto the Grantees and the Grantees' trees and assigns forever, not in tenancy in
common but M joint tenancy, all the real property, together with any improvements thereon, located in the County
of Weld and Stab of Colorado deeaibed as follows:
See Exhibit W attached hereto and made a part hereof.
also known by street addresses: 0 Weld County Road 84, Fort Corns, CO 80524
TOGETHER with al and singular the hereditament; and appurtenances thereto belonging, or in anywise
appertaining. the reversions, remainders, rents, issues and profits thereof, and al the estate, right, tile, interest,
dace and demand whatsoever dice Grantor, either in law or equity, of, in and to the above bargained penises,
with the handita hems and appurtenances;
TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto
the Grantees, and the Grantees' heirs and assigns forever.
The Grantor, for the Grantor and the Grantors heirs aid assigns, does covenant, grant, bargain, and agree to
and with the Grantee, and the Grantee's heirs and assigns: that at the tine of the eraealing and delivery of terse
presents, the Grantor is eel seized of the premises above described; has good, see, perfect, absolute and
Indefeasible estate of inheritance, in law, and in fee simple; and has goad right, full power and lawful authority to
grant, bargain, sell and convey Me same In manner and fern as aforesaid; and that the sane are free and dear
from all former and other grants, bargahu, sales, tens, tines, assessments, encumbrances and restrictions of
whatever kind or nature soave, except and subject to
2018 taxes and all subsequent year, restrictions, reservations, covenants, easements and rights -of -way of
record, if any.
And the Grantor shat and will WARRANT THE TITLE AND DEFEND the above deeanbed premises, nth,
quiet and peaceable possession cite Grantees, and the heirs and assigns of the Grantees. against all and
every person or persons tawdntty claiming the whole or any pat thereof.
WITNESS - OF, the Grantor has executed this deed on the date set above.
was acknowledged before me this Kr -day of June, 2018 by Men Harper.
(Si 1 162
sarvetrne Re Ns.; 207446
IN:maiy0eet 921 Jr CO
STEV1 RT TITLE
Paget 42
4409441 06/22/2018 12:24 PM
Page 2 of 2
EXHIBIT "A"
LEGAL DESCRIPTION
Parcel 3;
That portion of the North 1/2 of Section 10, Township 7 North, Range 67 West of the 6th P.M., County of Weld,
Slate of Colorado, more particularly described as follows;
Considering the East tine of the Northeast 1/4 of Section 10, Township 7 North, Range 67 West of the 6th P.M.
as mo numerted by a 3(4' diameter raiser ai h a 212' diameter aluminum cap, PJ S_ 10740 at the Northeast
corner al said Section 10 and at the East114 corner of said Section 10, to bear an assumed bearing of South
00-19'3f' West with all bearings contained herein relative thereto.
Beginning at the East 1/4 corner of said Section 10;
thence along the East-West centerline of said Section 10 South 8r51'52" West 4605.19 feet
thence North 009492' West 1616.86 feet to the approximate centerline of the Lorimer County Canal;
thence along said nronmdme the foaming 19 cvursex
thence South 18'34'20" East 288.20 feat thence South 25.4098' East 284.66 feet
thence South 30'29'27" East 187.95 fret thence South 45'21'31' East 98.34 feet
thence South 5702'47" East 124.51 feet thence South 43'41'20' East 766.46 feet
thence South 56'55'25' East 68.03 feet thence South 6T4396' East 102.76 fast
thence South 812501• East 112.08 feet theme North 87'0834 East 386.77 feet
thence North 83'11'5r East 211.97 feet thence North 75'20'55" East 34027feet
thence North 86'19'18' East 472.86 feet thence North 4T23'14' East 81.91 feet
thence North 25'50'47' East 81.73 feet thence North 01.10'09' East 7728 feet
thence North 1T 0'37' West 98.85 feat thence North 34'04'18' West 99.08 feet
thence North 43.5935' West 123.71 feet to the Northwest comer of Recorded Exemption No. 070l►10.1-
RE3176, said point being the TRUE POINT OF BEGINNING;
ttMa ce continuing along said centerline the followig 11 causes:
North 4939'36 West 88887 feet thence North 18'02'33' West 152.38 feet
thence North 28'1030" East 220.58 feet thence North 50'01'21' East 199.18 feet
ther=e North 79'2720" East 259.53 feet thence North 8426'1r East 75.73 feet
thence North 5l'04'37' East 88.83 feet thence North 08'1519" East 112.69 feet
thence North 132279' West 58.11 feet theme North 224831' West 198.05feet
thence North 16'58'07` West 28423 feet to the North line of the Northeast 1/4 amid Section 10;
thence along said North One North 8937'36' East 2099.29 feet to the Northeast corner of said Section;
thence along the East me of said Northeast 1/4 South 0090'31' West 144213 feet to the Northeast corner of
Subdivision Exemption No. 908;
thence along the North tine of said Subdivision Exemption South 853421' West 354.89 feet to the Northwest
corner of said Subdivision Exemption, said point being also the Northeast corner of said Recorded Exemption
No. 0705-10-1-RE3175;
thence along the North tine of said Recorded Exemption the faiowing 2 copse= •
South 659471' What 54.14 feet thence South 82'30`10' West 1668.84 feet more or less to the TRUE POINT
OF BEGINNING.
COUNTY OF WELD, STATE OF COLORADO.
SWAMIES Fore an =445
Warahy Deed 021.0'w
Paget d2
4295686 04/21/2017 01:12 PM
Total Pages: 2 Rec Fee: $18.00 Doc Fee: $43.50
Carly Koppes - Clerk and Recorder, Weld County, CO
WARRANTY DEED
State Doc Fee: $43.50
Recording Fee: $18.00
THIS DEED is dated the 21st day of April, 2017, and is made between
Prairie Hollow Development, Inc., a Colorado corporation
(whether one, or more than one), the "Grantor" of the County of Larimer and State of Colorado and
Allen Harper
(whether one, or more than one), the "Grantee", whose legal address is 2508 Dallas Creek Court, Fort Collins, CO
80528 of the County of Larimer and State of Colorado.
WITNESS, that the Grantor, for and in consideration of the sum of Four Hundred Thirty Five Thousand Dollars and
No Cents ( $435,000.00 ), the receipt and sufficiency of which is hereby acknowledged, hereby grants, bargains, sells,
conveys and confirms unto the Grantee and the Grantee's heirs and assigns forever, all the real property, together with any
improvements thereon, located in the County of Weld and State of Colorado described as follows:
See Exhibit "A" attached hereto and made a part hereof
also known by street address as: TBD Weld County Road 84 or 21, Fort Collins, CO 80524
TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining,
the reversions, remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand
whatsoever of the Grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and
appurtenances;
TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the
Grantees, and the Grantees' heirs and assigns forever.
The Grantor, for the Grantor and the Grantor's heirs and assigns, does covenant, grant, bargain, and agree to and with
the Grantee, and the Grantee's heirs and assigns: that at the time of the ensealing and delivery of these presents, the Grantor
is well seized of the premises above described; has good, sure, perfect, absolute and indefeasible estate of inheritance, in
law, and in fee simple; and has good right, full power and lawful authority to grant, bargain, sell and convey the same in
manner and form as aforesaid; and that the same are free and clear from all former and other grants, bargains, sales, liens,
taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, except and subject to:
2017 taxes and all subsequent years, restrictions, reservations, covenants, easements and rights -of -way of
record, if any.
And the Grantor shall and will WARRANT THE TITLE AND DEFEND the above described premises, in the quiet and
peaceable possession of the Grantees, and the heirs and assigns of the Grantees, against all and every person or persons
lawfully claiming the whole or any part thereof.
IN WITNESS WHEREOF, the Grantor has executed this deed on the date set forth above.
PRAIRIE OLLOW DEVLOPME IN . A
COLO O +RP
Charles L. Meserlian, Pres
State of Colorado
County of Larimer
The foregoing instrument was acknowledged before me this 21st day of April, 2017 by Charles L. Meserlian as
President of Prairie Hollow Devlopment Inc., a Colorado Corporation.
CONNIE McKINNEY
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 19964O11789
MY COMMISSION EXPIRES AUGUST 7, 2020
Witness my hand and official seal.
Notary Public C n ie McKinney
My commission expires:
Stewart Title File Number. 01330-95110
932A WARRANTY DEED STCO
STEWART TITLE
Page 1
4295686 04/21/2017 01:12 PM
Page 2 of 2
EXHIBIT "A"
LEGAL DESCRIPTION
Parcel 3:
That portion of the North 1/2 of Section 10, Township 7 North, Range 67 West of the 6th P.M., County of Weld,
State of Colorado, more particularly described as follows:
Considering the East line of the Northeast 1/4 of Section 10, Township 7 North, Range 67 West of the 6th P.M.,
as monumented by a 3/4" diameter rebar with a 2 1/2" diameter aluminum cap, P.L.S. 10740 at the Northeast
corner of said Section 10 and at the East 1/4 corner of said Section 10, to bear an assumed bearing of South 00°
10'31" West with all bearings contained herein relative thereto.
Beginning at the East 1/4 corner of said Section 10;
thence along the East-West centerline of said Section 10 South 89°51'52" West 4605.19 feet;
thence North 00°14'12" West 1615.86 feet to the approximate centerline of the Larimer County Canal;
thence along said centerline the following 19 courses:
thence South 18°34'20" East 268.20 feet; thence South 25°40'18" East 284.65 feet;
thence South 30°29'27" East 167.95 feet; thence South 45°21'31' East 98.34 feet;
thence South 52°02'47" East 124.51 feet; thence South 43°41'20" East 765.46 feet;
thence South 56°55'26" East 68.03 feet; thence South 67°43'15" East 102.76 feet;
thence South 81°25'01" East 112.08 feet; thence North 87°08'54" East 366.77 feet;
thence North 83°11'58" East 211.97 feet; thence North 75°20'55" East 340.27 feet;
thence North 66°19'18" East 472.66 feet; thence North 47°23'14" East 81.91 feet;
thence North 25°50'47" East 61.73 feet; thence North 01°19'09" East 77.28 feet;
thence North 17°50'37" West 98.85 feet; thence North 34°04'18" West 99.06 feet;
thence North 43°59'35" West 123.71 feet to the Northwest corner of Recorded Exemption No. 0705-10-1-
RE3175, said point being the TRUE POINT OF BEGINNING;
thence continuing along said centerline the following 11 courses:
thence North 43°59'35" West 666.87 feet; thence North 16°02'33" West 152.38 feet;
thence North 28°10'30" East 220.56 feet; thence North 50°01'21" East 199.16 feet;
thence North 79°27'20" East 259.53 feet; ???thence North 64°56'12" East 75.73 feet;
thence North 51°04'32" East 66.83 feet; thence North 08°15'19" East 112.69 feet;
thence North 13°22'29" West 56.11 feet; thence North 22°48'31" West 198.05 feet;
thence North 16°58'07" West 284.23 feet to the North line of the Northeast 1/4 of said Section 10;
thence along said North line North 89°57'36" East 2099.29 feet to the Northeast corner of said Section;
thence along the East line of said Northeast 1/4 South 00°10'31" West 1442.13 feet to the Northeast corner of
Subdivision Exemption No. 908;
thence along the North line of said Subdivision Exemption South 85°34'21" West 354.89 feet to the Northwest
corner of said Subdivision Exemption, said point being also the Northeast corner of said Recorded Exemption
No. 0705-10-1-RE3175;
thence along the North line of said Recorded Exemption the following 2 courses:
South 85°34'21" West 64.14 feet; thence South 82°30'20' West 1656.84 feet more or less to the TRUE POINT
OF BEGINNING.
COUNTY CF WELD, STATE OF COLORADO.
Seller to retain the Mineral Rights.**************
Stewart Title File Number: 01330-95110 Page 2
932A WARRANTY DEED STCO
--........•••••••••••••=mm•••••••••••••••11•101.1Millmaiii.apiptIw..a
4
853
I 111111 nin iiini liii 1111111 III 1111111 III 11111 uu III!
3546853 04/1D12008 04:49P Weld County, CO
1 of 3 R 16.00 D 63.00 Steve Moreno Clerk & Recorder
SPECIAL WARRANTY DEED
CHARLES L. MESERLIAN, whose address is 700 N. College Avenue, Fort Collins, CO
80524, for the consideration of Six Hundred Thirty Thousand Dollars ($630,000.00) and other
good and valuable consideration in hand paid, hereby sells and conveys to PRAIRIE HOLLOW
DEVELOPMENT, INC., a Colorado corporation, whose legal address is 700 N. College Avenue,
Fort Collins, CO 80524, the real property in the County of Weld, State of Colorado, legally
described on Exhibit A attached hereto and incorporated herein by reference (the "Property").
With all its appurtenances and warrants the tittle against all persons claiming under him.
SIGNED AND DELIVERED this / day of March, 2008.
STATE OF COLORADO
) ss.
COUNTY OF LARIMER
Charles L. Meserlian
The forgoing instrument was acknowledged before me this 1 day of March, 2008, by
Charles L. Meserlian.
Witness my hand and official seal.
My Commission expires:
. o.c
002)
O cps
V =
O Qo
OC
o -�
w
r -
otary Public
111111111111111111 lilt 1111111 III 1111111 III 1111111111111
3546853 04/10/2008 04:49P Weld County, CO
2 of 3 R 16.00 D 63.00 Steve Moreno Clerk & Recorder
EXHIBIT A
(Legal Description)
Parcel 3:
That portion of the N 1/2 of Section 10, Township 7 North, Range 67 West of the 6th
P.M., County of Weld, State of Colorado, more particularly described as follows:
considering the East line of the NE 1/4 of Section 10, Township 7 North, Range 67
West of the 6th P.M., as monr.zmented by a 3/4" diameter rebar.with a 2 1/2" diameter
aluminum cap, P.L.S. 10740 at the NE corner of said Section 10 and at the E 1/4
corner of said Section 10, to bear an assumed bearing of S 00°10'31" W with all
bearings contained herein relative thereto.
Beginning at the E 1/4 corner of said Section 10; thence along the East-West
centerline of said Section 10 S 89°51'52* W 4605.19 feet; thence N 00°14'12" W
1615.86 feet to the approximate centerline of the Larimer County Canal; thence along
said centerline the following 19 courses:
S 28°34'20" E 268.20 feet;
thence S 25°40'18" E 284.65 feet;
thence S 30°29'27" E 167.95 feet;
thence S 4.5°21'31* E 98.34 feet;
thence S 52°02'47" E 124.51 feet;
thence S 43°41'20" E 765.46 feet:
thence S 56°55'26" E 68.03 feet:
thence S 67°43'1S" E 102.76 feet:
thence S 8y°25'01" E 112.08 feet:
thence N 87°08'54" E 366.77 feet:
thence N 83°11'58" E 211.97 feet:
thence N 75°20'55" E 340.27 feet:
thence N 66°19'18" E 472.66 feet:
thence N 47°23'14" E 81.91 feet:
thence N 26°50'47" E 64.73 feet:
thence N 01°19'09" E 77.28 feet:
thence N 17°5Q'37" W 98.85 feet:
thence N 34°04'18" W 99.06 feet:
thence N 43°59'35" W 123.71 feet to the NW corner of Recorded Exemption No.
0705-10-1-RE3175, said point being the TRUE POINT OF BEGINNING; thence continuing
along said centerline the following 11 courses:
N 4°59'35* W 666.87 feet;
thence N 16°02'33" W 152.38 feet;
thence N 28°10'30" E 220.56 feet;
thence N 50°01'21" E 199.16 feet;
thence N 79°27'20" E 259.53 feet;
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3546853 04/10/2008 04:49P Weld County, CO
3 of 3 R 16.00 0 63.00 Steve Moreno Clerk & Recorder
Legal Description - Continued
thence N 64°56'12" E 75.73 feet;
thence N 51°04'32" E 66.83 feet;
thence N 0B°15'19" E 112.69 feet;
thence N 13°22'29" W 56.11 feet;
thence N 22°48'31" W 198.05 feet;
thence N 16°58'07" W 284.23 feet to•the North line of the NE 1/4 of said Section 10;
thence along said North line N 89°57'36" E 2099.29 feet to the NE corner of said
Section; thence along the East line of said NE 1/4 S 00°10'31" W 1442.13 feet to the
NE corner of Subdivision Exemption No. 908; thence along the North line of said
Subdivision Exemption S 85°34'21" W 354.89 feet to the NW corner of said Subdivision
Exemption, said point being also the NE corner of said Recorded Exemption No.
0705-10-1-RE3175; thence along the North line of said Recorded Exemption the
following 2 courses; S 85°34'21" W 64.14 feet; thence S 82°30'20" W 1656.84 feet
more or legs to the TRUE POINT OF BEGINNING.
County of Weld, State of Colorado
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