The URL can be used to link to this page

Browse Search

Home My WebLink About20190429.tiffRESOLUTION RE: APPROVAL OF RECORDED EXEMPTION, RECX18-0116 - 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, RECX18-0116, was submitted by C.R. Tucker and Erna Tucker Living Trust, c/o C.R. Tucker and Erna M. Tucker, as Co -Trustees, 43868 County Road 39, Pierce, Colorado 80650, for property which is located on the following described real estate, to -wit: Lot B of Recorded Exemption, RE -4800; being part 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, RECX18-0116, 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 September 5, 2018, and WHEREAS, this request is to divide the property into parcels estimated to be approximately 35.1 acres and 3 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, RECX18-0116, 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. Topographic or physical features of the proposed lots, such as ravines, ditches, streams etc. may limit the area available for a new or replacement septic system. Prior to recording CC:PL(MNITp),APPL/AppL R>✓P 2/21/V1 2019-0429 RECX18-0116 RECX18-0116 - C. R. TUCKER AND ERNA M. TUCKER LIVING TRUST, CIO C. R. TUCKER AND ERNA M. TUCKER, AS CO -TRUSTEES PAGE 2 the plat the Weld County Department of Public Health and Environment recommends that the applicant review the Weld County Code pertaining to septic systems to assure that any installed septic system will comply with all setback requirements found in the Code. In the event the proposed lot is not of sufficient size to allow the installation of a septic system the lot may need to be enlarged. 3. The West Greeley Conservation District has provided information regarding the soils on the site. The applicant shall review the information and use it to positively manage on site soils. 4. Prior to recording the plat: A. There is a Use by Special Review Permit, SUP -221, for allowing up to 600 cows in the A (Agricultural) Zone District. This SUP encompasses portions of both proposed Lots A and B. The applicant shall address the continued operation of SUP -221 and which lot(s) it is to be associated with. If the applicant wants to remove any of the lots from SUP -221, a partial vacation or complete vacation should be done prior to recording the Recorded Exemption plat. 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 24-8-10.6 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. 5. Items to be included on the plat: A. The plat shall be titled: Recorded Exemption No. 0051-29-03 RECX18-0116. B. Show and label the preliminarily approved access point(s) and the usage type. C. County Road 39 is a gravel road and is designated on the Weld County Functional Classification Map as a local road, which requires 60 feet of right-of-way. The applicant shall verify and delineate on the plat the existing right-of-way and the documents creating the existing right-of-way. The applicant shall also delineate the physical location of the roadway. All setbacks shall be measured from the edge of right-of-way. This road is maintained by Weld County. D. All recorded easements and rights -of -way shall be delineated on the plat by book and page number or reception number. 2019-0429 RECX18-0116 RECX18-0116 - C. R. TUCKER AND ERNA M. TUCKER LIVING TRUST, C/O C. R. TUCKER AND ERNA M. TUCKER, AS CO -TRUSTEES PAGE 3 6. 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 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 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. 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. 2019-0429 RECX18-0116 RECX18-0116 - C. R. TUCKER AND ERNA M. TUCKER LIVING TRUST, C/O C. R. TUCKER AND ERNA M. TUCKER, AS CO -TRUSTEES PAGE 4 11) The historical flow patterns and runoff amounts shall be maintained on the site. 12) 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. 13) 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. 14) Potential purchasers should be aware that groundwater may not meet all drinking water standards as defined by the Colorado Department of Public Health and Environment. The Weld County Department of Public Health and Environment strongly encourages well users to test their drinking water prior to consumption and periodically thereafter. 15) Potential purchasers should be aware that approval of this Recorded Exemption does not guarantee that well permits will be issued for the lots. Any lot may be deemed non -buildable if the lot owner is unable to obtain a well permit. The State Division of Water Resources issues all well permits. 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 Department of Planning Services 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, County Facility Fee and Drainage Impact Fee Programs. 18) Potential purchasers are hereby notified that a Dairy (600 cows) is permitted by SUP -221 and is located on the proposed Recorded Exemption lots. 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 2019-0429 RECX18-0116 RECX18-0116 - C. R. TUCKER AND ERNA M. TUCKER LIVING TRUST, CIO C. R. TUCKER AND ERNA M. TUCKER, AS CO -TRUSTEES PAGE 5 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) 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. 7. 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. 8. 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 Commissioners Resolution was signed, a $50.00 recording continuance charge shall be added for each additional three (3) month period. 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 WEJ,D COUNTY, COLOF3IADO ATTEST:dvo� 1, Weld County Clerk to the Board t� BY: Deputy erk APPROVED AS T ara Kirkmeyer, Chair Mike Freeman, Pro -Tern ott K. James Attorney / —LC..-1,1_15-' Steve Moreno Date of signature: 2-12 - 19 2019-0429 RECX18-0116 To: From: Subject: Hearing Date: Owner: DEPARTMENT OF PLANNING SERVICES MEMORANDUM Weld County Board of County Commissioners Maxwell Nader, Planner Waiver of Weld County School District RE -9 cash -in -lieu fees January 28th, 2019 C R Tucker & Erna M Tucker Living Trust c/o C R Tucker and Erna M Tucker as co - Trustees Representative: Kreps Wiedeman do Robert Kreps Legal Description: Lot B of Recorded Exemption RE -4800 being a part of the SW4 of Section 29, T8N, R65W of the 6th P.M., Weld County, CO Location: East of and adjacent to Weld County Road 39; approximately a 1/4 mile north of Weld County Road 88 Parcel Numbers: 0551-29-3-00-041 Zone District: A (Agricultural) Narrative: RECX18-0116 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 do 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 4.B 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, RECX18-0116 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 do C R Tucker and Erna M Tucker as co -Trustees. Item number nine (9) in the RECX18-0116 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 4.B in the respective staff report. This condition of approval states: "The applicant shall address the requirements of Weld County School District RE -9, as stated in the referral response dated September 5th, 2018. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services." RECX18-0116 CIL BOCC Memo I Tucker Page 1 of 2 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 RECX18-0116. 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 RECX18-0116, proposed Lot B will continue operating as a dairy via SUP- 221 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 as 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 in the future. 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 4.B. 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. RECX18-0116 CIL BOCC Memo I Tucker Page 2 of 2 CASE NUMBER: RECX1S-O116 APPLICANT: CHARLES TUCKER PLANNER: MAXWELL NADER REQUEST: WAIVER OF WELD COUNTY SCHOOL DISTRICT RE -9 CASH -IN -LIEU FEES LEGAL DESCRIPTION: LOT B OF RECORDED EXEMPTION RE -4800 BEING A PART OF THE SW4 OF SECTION 29, T8N, R65W OF THE 6TH P.M., WELD COUNTY, CO LOCATION: EAST OF AND ADJACENT TO WELD COUNTY ROAD 39; APPROXIMATELY A 1/4 MILE NORTH OF WELD COUNTY ROAD 88 EXEMPTIONS RE -2437r LC TA, RE -21A7 LET® RE -2 LOT 8 RE -4044 LOT D RE -4644 LOTA RE -464z RE -15'5S LOT 8 LO T. RE -1294 LOT B RE -2175 LOTS a8N66W I 23 RE -853 CORRECTED 1 R•EC.'�-t 4 JO81 LOTS I LOT B RE -57301 LOTA 1 I 1 RE -8% RP -F02.3 RE14-7781 CORRECTED LUTE I LOTA` RE.c-%1?r -^�-- NCR 90 RE -1254 LTD LOTA REC)C14-f 1? • LAO TA i RE -142 PARCEL RE -2732 LOT RE-:a:M*2 LC TA RE -^'s1 LOTS LOTA RECX 11-0049 RE- 33,21 LC= T A IOTA RECX11 -DO 49 LOT 8 08N66W GW 35 rill 41/4 eel LOT^ f. RE -2e12 LOT 9 RE -444 LOT'I PE -2412 LOT S AM RE -174e LOT B RE -46.8 LOT RE- 4$ LOT A RE -L5.44 I::'TA RE- 40 LOT B RE -2412 LOTA RE -5079 LOTC AM RE B58 RECX1,0.122 RE -E58 I LDFB LOTA PEy::12-0122 ILC T C RE -77 7 r' RE -42A LOTS RF-E4174 LC TA LOTA RE-4?4' ^ LOTn.• I. I. RE-4137 LSO- - Po r. RECX12-D1 2 LOT L1, R:ECX 15-00 1 LOT RtCK1 E-:00,07 LviT A. I Ik.EC11-OC31 RE -43E-8 RE -.405 ; L0.7 A LOTA LOTH I RE -4-8E8 LOTC AM RE- E-079 LOTS RE -5079 RE -4154 LOT E• LOTC RE -5,54 LOT 8 E -113H0, RECX13-012? }TA LOTE AM RE -18 -SO LOTB RE -44S4 LOT B Lt1Tn 7E-1453 Re -The,,, U) T. LC:TE RE -'2:577 L:_{ TA RE- LOTA RE -2N7 7 LO TB AM R LO 08N65W RECX14--0084 LOT E RECX13-012Y LOTA. RE -2482 07 AE' Ra482 LOTS RE -25-87 LOT E RE -2527 A 3 L T E-121 T RE -554 LOT k RE -4599 LCTC RE -3151=' LOT 9 RE -315+ LC, TA RECX14-0084 L„• T.. V U RECX17.0529 LOTLU RE 0 LCT' RE -4830 LDT B RE 187 nrr•,.-� a. '-S i. ii T--L3•TA RE -2701 LC T A RE -5Z 45 I LOTA 8 N65W RECX16-013_ LOT E FE -2607 LOT B RE-2607 rmTA REC:;$ is -00+00 Lis TA RE ;X1--O00t LOT B AM RE -770 LOT RE- 2-2e.t. LOT RECX 12-D0e2 LOTS RE- 372 LOT B RE -3255 LOTC REC X15-0DO 1 LOT B AM RE -354-4 LOTA RE -2804 LC TA R ECX 15-01) RE -2_h LCT.� RE -1702 LCOTB RE -1702 4r, T J RE -l504, LO✓T .4 RE -32155• I•?Tit; I if dri .1 O/ 465W 5 RE -1701J LO T.A OSN6SW 21 RE -1700 LOTS RECX12-0004 LOT E 4 5w R RE -3034 RE -802. LOT E LOTA RECX13-0030 LOTA RE -881 LOT S REC:X16-3C12.7 LD TA R ECX10737 RE -3;x:1 o LOTS LOTS AM RE -19‘07 LOT B AMRE-1307 RE -20 LETA LOTA RE -887 • PARCEL & R ECA-I S-CO35 AMl RE -3721 LOT B RE -3213 RE -3:717 LID TA LOT LO TA RE -SST - --FARCPE.& LOTA REC?C18-0004 LO TA RE -2338 I nT PE -4e518 LOTD RE -455•,9 LOTD RE -4-.~7n LO TA RE -45418 LO TA RE -4818 LOT B RE -4t;18 LCT.4 AM L. T-. RE -45551 PLOT C RE -45.59 LOTS E-2704 RE -922 RE -922 LOTA LOTS AM RE -2704 LOTE R E C :A. 1 ?- 3131 1_3 . R: -2:3S0 RE -4.5,92 LOTA. All RE -10d3 LEcT k -. RECX1`;'-3;7103 RECK1.-3303 LC T C Ls R EC X13- 5101 LOT RE -452g LOT B E RE -2122 PBRe_FI R RE -620 LOTS RE -7158 LOTB RE Li NI Item number (9) in the RECXI8-0116 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 4.B 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 4.B 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 September 5, 2018. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services." The owners request removal of 4.B because: Lot B of RECXI8 0116 contains an existing 600 head dairy (SUP -221) and is used for livestock housing, feed storage and future expansion of the dairy. No residential development is currently proposed. ACCESS OFF OF CR 39 LOOKING EAST ONTO LOT A ACCESS OFF OF CR 39 LOOKING NORTHEAST ONTO LOT B ACCESS OFF OF CR 39 LOOKING SOUTHEAST ONTO LOT B 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 RECX18-0116 Parcel ID #: 0551-29-3-00-041 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, Maxwell Nader, Planner I RECX18-0116 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 RECX18-0116 Planner: Maxwell Nader Legal Description: Lot B of Recorded Exemption 4800 being a part of Section 29, T8N, R65W of the 6th P.M., Weld County, CO Parcel ID #: 0551-29-3-00-041 Lot A Size: ± 3 acres Lot B Size: ± 35.1 acres Water Source: Lot A: NWCWD Tap: #2270002 Lot B: Proposed Tap Sewer System: Lot A: Septic: #G19750836 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. Topographic or physical features of the proposed lots, such as ravines, ditches, streams etc. may limit the area available for a new or replacement septic system. Prior to recording the plat the Weld County Department of Public Health and Environment recommends that the applicant review the Weld County Code pertaining to septic systems to assure that any installed septic system will comply with all setback requirements found in the Code. In the event the proposed lot is not of sufficient size to allow the installation of a septic system the lot may need to be enlarged. 3. The West Greeley Conservation District has provided information regarding the soils on the site. The applicant shall review the information and use it to positively manage on site soils. RECX18-0116 Page 2 of 7 4. Prior to recording the plat: A. There is a Use by Special Review Permit SUP -221, for allowing up to 600 cows in the A (Agricultural) Zone District. This SUP encompasses portions of both proposed Lot A and Lot B. The applicant shall address the continued operation of SUP -221 and which lot(s) it is to be associated with. If the applicant wants to remove any of the lots from SUP -221, a partial vacation or complete vacation should be done prior to recording the Recorded Exemption plat. B. The applicant shall address the requirements of Weld County School District RE -9, as stated in the referral response dated September 5th, 2018. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. 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 24-8-10.6 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. 5. Items to be included on the plat: A. The plat shall be titled: Recorded Exemption No. 0051-29-03 RECX18-0116 B. Show and label the preliminarily approved access point(s) and the usage type. C. County Road 39 is a gravel road and is designated on the Weld County Functional Classification Map as a local road, which requires 60 feet of right-of-way. The applicant shall verify and delineate on the plat the existing right-of-way and the documents creating the existing right-of-way. The applicant shall also delineate the physical location of the roadway. All setbacks shall be measured from the edge of right-of-way. This road is maintained by Weld County. D. All recorded easements and rights -of -way shall be delineated on the plat by book and page number or reception number. 6. 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 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. RECX18-0116 Page 3 of 7 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) 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. 13) 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. 14) Potential purchasers should be aware that groundwater may not meet all drinking water standards as defined by the Colorado Department of Public Health and Environment. The Weld County Department of Public Health and Environment strongly encourages well users to test their drinking water prior to consumption and periodically thereafter. 15) Potential purchasers should be aware that approval of this Recorded Exemption does not guarantee that well permits will be issued for the lots. Any lot may be deemed non - buildable if the lot owner is unable to obtain a well permit. The State Division of Water Resources issues all well permits. 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. RECX18-0116 Page 4 of 7 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) Potential Purchasers are hereby notified that a Dairy (600 cows) is permitted by SUP - 221 and is located on the proposed Recorded Exemption lots. 20) In the event Weld County or any other governmental authority exercises its right to expand County Road _ or County Road _ into the rights -of -way noted on this Recorded Exemption and such expansion requires the demolition, destruction, alteration, or taking of any improvements existing on the subject property as of the date this Recorded Exemption is recorded, the owner of the subject property shall be entitled to just compensation as determined in an eminent domain proceeding for such property and its improvements. This requirement shall be binding upon the parties regardless of the legal effect of whether the subject rights -of -way are future or dedicated. 21) 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. 22) WELD COUNTY'S RIGHT TO FARM STATEMENT: Weld County is one of the most productive agricultural counties in the United States, typically ranking in the top ten counties in the country in total market value of agricultural products sold. The rural areas of Weld County may be open and spacious, but they are intensively used for agriculture. Persons moving into a rural area must recognize and accept there are drawbacks, including conflicts with long-standing agricultural practices and a lower level of services than in town. Along with the drawbacks come the incentives which attract urban dwellers to relocate to rural areas: open views, spaciousness, wildlife, lack of city noise and congestion, and the rural atmosphere and way of life. Without neighboring farms, those features which attract urban dwellers to rural Weld County would quickly be gone forever. Agricultural users of the land should not be expected to change their long-established agricultural practices to accommodate the intrusions of urban users into a rural area. Well -run agricultural activities will generate off -site impacts, including noise from tractors and equipment; slow -moving farm vehicles on rural roads; dust from animal pens, field work, harvest and gravel roads; odor from animal confinement, silage and manure; smoke from ditch burning; flies and mosquitoes; hunting and trapping activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and fertilizers in the fields, including the use of aerial spraying. It is common practice for agricultural producers to utilize an accumulation of agricultural machinery and supplies to assist in their agricultural operations. A concentration of miscellaneous agricultural materials often produces a visual disparity between rural and urban areas RECX18-0116 Page 5 of 7 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. 7. 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. 8. 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. 9. 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. RECX18-0116 Page 6 of 7 By: Date: October 23rd, 2018 Maxwell Nader, Planner I RECX18-0116 Page 7 of 7 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 August 30, 2018 KREPS ROBERT 2221 2ND AVE GREELEY, CO 80631 Subject: RECX18-0116 - TWO LOT RECORDED EXEMPTION On parcel(s) of land described as: PART SW4 SECTION 29, T8N, R65W LOT B REC EXEMPT RE -4800 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 FIELD CHECK Inspection date: January 17, 2019 CASE NUMBER: APPLICANT: LEGAL DESCRIPTION: LOCATION: RECX18-0116 Charles Tucker Lot B of Recorded Exemption RE -4800 being a part of the SW4 of Section 29, T8N, R65W of the 6th P.M., Weld County, CO East of and adjacent to Weld County Road 39; approximately a 1/4 mile north of Weld County Road 88 Zoning Land Use N A (Agricultural) N Agricultural / Rural Residential E A (Agricultural) E Agricultural / Rural Residential S A (Agricultural) s Agricultural / Rural Residential W A (Agricultural) W Agricultural / Rural Residential COMMENTS: The site is east of CR 39 and contains one residence on Proposed Lot A. Proposed Lot B is a 600 cow dairy (SUP -221). Proposed Lot A will be using the existing access. Proposed Lot B will also be using an existing access. Both accesses will be off of CR 39. Most of the surrounding properties are rural residential and agricultural lots. ' Maxwell Nader, Planner I 01/17/2019 RECORDED EXEMPTION (RECX) APPLICATION DEPARTMENT OF PLANNING SERVICES r 1555 N. 17TH AVENUE * GREELEY, CO 80631 www.weldgov_com ` 970400-6100 * FAX 970-304-6498 FOR PLANNING DEPARTMENT USE: AMOUNT APPLICATION RECEIVED BY; Parcel Number 0 5 5 1_ 2 9. 3 _ 0 C 0 4 1 DATE RECEIVED: CASE # ASSIGNED: PLANNER ASIkGNE.D_ Q& .s C11 (12 digit number - found on Tax I.D. information, obtainable at the Weld County Assessors map found at www.weldgoay.corrr) Legal Description Lot B of RE 4800 , Section 29 , Township 8 North, Range 55 VVest Has the property been divided from or had divided from it any property(ies) since August 30, 1972? YES C NO Is the property located in a floodplain? YES NO ` Unknown I 1 Is the property located in a geohazard area? YES rt NO � Unknown FEE_OWN Ei(B'i OF THE PROPERTY: N ame: C R Tucker and Erna Ni Tucker Living Trust Company: Phone #: 302-0681 Address : 43268 CR 39 Email: G ►HMB@GREELEY.NET City/State/Zip Code: Pierce CO 60650 FEE OWNER (coat.) or APPLICANT: N ame: CRTucker Company: Phone #: 302-0681 Email: Address : 43550 CR 39 City/State/Zip Code: Pierce CO 80650 AUTHORIZED AGENT': N ame: Robert C) Kieps Company: Kreps-Wedeman Phone ##: 356-3943 39644117 cell Address : 2221 2nd Ave Email: robedkreps36@gmaiEorn City/State/Zip Code: Greeley, CO 80631 'Authorization Form must accompany all applications signed by an Authorized Agent Lot smallest lot Lot B Lot C Lot D Proposed Use (Le. Ag or Res) AG Proposed Acreage 3 IV-- . 35A 7 - Address 43266 CR 39 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/orplans submitted with or contained within the application are true and correct to the best of my (our) knowledge. Signatures of all fee owners of property must sign this application. If an Authorized Agent signs, a letter of authorization from all fee owners must be included with the application. If a corporation is the fee owner,, notarized evidence must be included howing the_s►jgnatory sthe legal authority to sign for the corporation. Signs ure: Owner or Authorized Agent 041-e (i A tint: Owner or Authorized Agent .sew ‘e es. RIF Date ignature: t ry Ter orVAuthorized Agent r r i -& ► £r7- `frce s Print: Owner or Authorized Agent Date 'Mf an Authorized Agent signs, a letter of authorization from all fee owners must be included with the application. If a corporation is the fee owner, notarized evidence must be included showing the signatory has the legal authority to sign for the corporation. Page j 6 I, (We), Cb L'`` (Owner a please print) DEPARTMENT OF PLANNING AND BUILDING DEPARTMENT OF PUBLIC HEALTH AND ENVIR O N N MENT 1555 NORTH 17TH AVENUE GREELEY, CC 80631 AUTHORIZATION FORM , give permission to I ,A0 uthorized Agent — please print) to apply for any Panning, Building or Septic permits on our behalf, for the property located at (address or parcel number) below: OS !2 % 00 I Legal Description: Subdivision Name: of Section , Township__ N, Range Property Owners Information: Address: Phone: E-mail: Authorized Agent Contact Information: Lot Block Add ress : eceetet>mi orlafr e94444tirroit 22/ 2,10, 2 r Phone: 3s6 -39y3 Correspondence to be sent to: Owner Additional Info: E -Mail: ro bCIT/crc!PS leo et fniia , GUylj Authorized Agent Both X / by Mail Email Owner Signature: Owner Signature: Date: Date: 6 Zap �d ACREAGE WAIVER FORM have been informed by the Weld County Planning Department that the Recorded Exemption process requires inclusion of 180/122] 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 [80/122] 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 waive 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 19921 I have been informed by the Weld County Planning Department that the Recorded Exemption process allows for [three/four] lots. I am aware that this Recorded Exemption is for 2 tuft -Tree] lots and that by not including the 3 [thirdlfourth] lot I waive my opportunity to create additional lots until such time that I may by eligible 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 is the fee owner, notarized evidence must be included showing the signatory has the legal authority to sign for the corporation. Signature: Owner or Authorized gent Date 2ALL- f j. ?Cad Cr!, efe Print_ Owner or Authorized Agent Ifj Ce7/ Ignatuwner or /7/. waSrtzed Agent .4(641/651 flib tt Owner or Authorized Agent The foregoing instrument was subscribed and sworn to me this _ day of WITNESS my hand and official seal. Notary Page l 5 4. a V mate RECORDED EXEMPTION (RECX) QUESTIONNAIRE ++++ Please type or print your responses to the following questions below and use a separate sheet of paper if needed. +++++ Domestic/P'otable 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. If utilizing a drinking water well include either the well permit number and/or the well permit applicationthat was submitted to the State. if sharing a well a shared well agreement is required_ If on public water include a letter 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 Company is attached".) Lot A Water Source Existing North Weld Water Tap (22x7 2) Lot B Water Source North Weld Water Tap if necessary Lot C Water Source Lot a 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 rights.") There is rio irrigation water with this. parcel 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 submitting 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 will 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 WA copy of the existing Septic Permit #1236789 is included with the application.') Lot A sewage disposal Existing septic (permit attached) Lot B sewage disposal NA Lot C sewage disposal Lot D sewage disposal Page 17 4. 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 # ZP H-1 3, 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.") There is a modular home, and several sheds on the proposed 3 acres. The proposed larger parcel is used for feed storage . corrals and calf huts that are used for the dairy. 5. Describe the vehicular access to the new and existing lots? (Example — ?Each lot will have individual driveways off of County Road 72t or "All lots will share the existing access point off of County Road 59") Each lot has its own existing access from CR 39 6. Describe the location, size, of the new logs). (Example -'`The property will be split into one five (5) acre lot and one 40 acre lot.") The small lot will consists of approximately 3 acres and the large lot will consists of approximately 34.9 acres. We are fully aware that the large lot may not fully comply with the minimum 35 acre rule but it is the only reasonable way that the lots configure with the exemption Only when the survey is complete will it be known the exact acreage of each lot . 7. Describe any unique physical characteristics on the site, if applicable such as rock outcroppings, hills, ditches. (Example - "The ABC ditch runs diagonally across the southeastern quarter of the property.") There are no unique physical characteristics on site Is there a business or Use by Special Review permit on the property? V N UNKNOWN If YES, will it be vacated or remain on the Recorded Exemption lot(s)? (Example - "USR12-1234 for my concrete business will be vacated as my sor is moving the business, and equipmentto his property outside of Weld County") There is a SUP #221 for a 500 cow dairy_ This will remain in use on the large lot for the existing dairy operation owned by the applicants. Page 18 43268 CR 39 Parcel #055129300041 This parcel consists of 37.9 net surveyed acres. Wa would exempt 3 acres along with a modular home, 1200 sq. ft. shed, and a 576 sq. ft shed and any other improvements. The larger parcel will consist of approximately 35 acres mail and has a 600 cow SUP which is necessary for the use of the dairy operation and will not be vacated. This parcel is used mostly for feed storage, corrals, and small calf huts. There is an existing access to the proposed 3 acre parcel and an existing access on the north portion of the property to access the large parcel that is also used to enter the dairy barn We are aware of the 35 acre minimum clot size but it is the only reasonable way that the lots configure with the proposed recorded exemption. Only when the survey is complete will it be known theexact acreage of each lot. Tax Account Summary Account Id R6777738 Parcel -Number 055129300041 Owners Address Sites Address Legal Inquiry TUCKER CTS & ERNA M LIVING TRUST 43550 COUNTY ROAD 39 PIERCE, CO 806504103 43268 COUNTY ROAD 39 WELD PT SW4 29x8-65 LOT B REC EXEMPT RE -4800 As Of 06/26/2018 Payment Type O First Full Total Due $000 Value Area Id 0919 - 0919 AG -DRY FARM LAND - 4127 AG -WASTE LAND - 4167 AG -ALL OTHER LAND - 4180 Actual 3,358 5 4200 OTHER BLDGS-AGRICULTl1RA1 - 4279 4,103 ALL OTHER AG IMPS - 4280 3,588 Total Value 15,254 Taxes Mill Levy 62.0450000 Assessed 970 ^y 10 ,220 1,190 1,040 4,430 $274.86 The amount of taxes due on this page is based on last year's property value assessment Submit by Email Weld County Referral August 30, 2018 The Weld County Department of Planning Services has received the following item for review: Applicant: The C.R. & Erna Tucker Living Trust Please Reply By: September 27, 2018 Project: TWO LOT RECORDED EXEMPTION Case Number: RECX18-0116 Planner: Maxwell Nader Location: EAST OF AND ADJACENT TO CR 39; 1/4 MILE NORTH OF CR 88. Parcel Number: 055129300041-R6777738 Legal: PART SW4 SECTION 29, T8N, R65W LOT B REC EXEMPT RE -4800 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 Date Agency 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 27, 2018 SUBJECT: RECX18-0116 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): 055129300041 The project proposes to: TWO LOT RECORDED EXEMPTION ACCESS: Weld County Public Works has reviewed that application materials related to access, and it appears that the two existing accesses meet the spacing requirements outlined in County Code. Per Chapter 12, Article 5, Section 12-5-30, an Access Permit is required for access to Weld County maintained roadways. We strongly encourage you to discuss your access with Public Works prior to laying out your site plan to ensure the approved accesses are compatible with your layout. Per Chapter 12, Article V, Section 12-5-30. F, when feasible, there shall be no net increase in the number of accesses to a public road. Minimum access spacing widths are shown in Weld County Code Appendix Table 12A-2. 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 owner 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. Please refer to Chapter 12 of the Weld County Code for more information regarding access. ROADS AND RIGHT-OF-WAY: County Road 39 is a gravel 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.weldgov com/departmerits/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. CONDITIONS OF APPROVAL: A. The plat shall be amended to delineate the following: 1. County Road 39 is a gravel 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) Submit by Email Weld County Referral August 30, 2018 The Weld County Department of Planning Services has received the following item for review: Applicant: The C.R. & Erna Tucker Living Trust Please Reply By: September 27, 2018 Project: TWO LOT RECORDED EXEMPTION Case Number: RECX18-0116 Planner: Maxwell Nader Location: EAST OF AND ADJACENT TO CR 39; 1/4 MILE NORTH OF CR 88. Parcel Number: 055129300041-R6777738 Legal: PART SW4 SECTION 29, T8N, R65W LOT B REC EXEMPT RE -4800 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 Re -9 School District September 5, 2018 Weld County Planning Dept. 1555 N 17th Ave. Greeley, CO. 80631 (970) 400-6100 (970) 304£498 fax September 5, 2018 Weld RE -9 School District Highland Schools 210 W. First Street P.O. Box 1390 Ault,, Colorado 80610 (970) 834-1345 CR & Ema Tucker 43268 CR 39 Pierce, Colorado 80650 C R & Ema, 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 #recxl8-0116. 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 Robert D. Ring Jr. Superintendent HIGHLAND WELD RE -9 SCHOOL DISTRICT EDUCATIONAL ACCOUNTABILITY TEAM BOARD OF EDUCATION Date: Tuesday, September 25, 2018 Location: District Administrative Office Boardroom 1. Pledge of Allegiance 2. Roll Call The September 25, 2018 meeting was called to order by School Board President John Scanga at 7:07 p.m. Fabrizius aye; Clawson aye; Scanga aye; White aye; Van Why aye All board members were present. 3. Welcome Visitors 4. Agenda Approval Motion: Mary Clawson motioned to approve the agenda and Mark White seconded the motion. Fabrizius aye; Clawson aye; Scanga aye; White aye; Van Why aye The vote was unanimous. 5. Recognition of Visitors Desiring to Address the Board Charles Tucker spoke about in -lieu fees. He stated his land won't be developed and is strictly for the dairy and therefore feels he should not be subject to in -lieu fees. It was discussed that the fee could be waived if a deed restriction is filed and recorded stating that no residential development could ever occur on the property. a' t I Ir•,'1 hb;4f'i'lNI i nisi -nap is a user generated static output iron, an Internet mapping site aid is fur reference only. Data layers that appear on this map may or may not be accurate, current csotherwise reliable THIS MAP IS NOT TO BE USED FOR NAVIGATION Certi l icate of Conveyance State of Colorado County of Weld Weld County Department of Planning Services STEWART TITLE OF COLORADO hereby certifies it has made a careful search of its record, and kinds 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: FT SW4 29-B-65 LOT 9 REC EXEMPT FtE•4t3CC CONVEYANCES (it' none appear, so state): Reception No. 30;15153 Reception No,: 3044155 Reception No.: 1658527 Reception No.: 16041 t)3 Reception No.: 15261 37 Reception No.: Reception No.: Reception No.: Reception No-: This Certificate is made for the use and benefit of the Department ❑f Planning Services of Weld County, Colorado. This Certificate is not to be construed as an Abstract of Title or an opinion el:Tide, nor a guarantee Title, and the liability of STEWART TITLE Oh COLORADO is hereby limited to the fee paid fir this certificate. In Witness Whereof. STEWART TITLE OF COLORADO has caused this certi ticate 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 OF COLORADO 8 Y: Autly Zeil Signature *pectat Varrrntp Beet C R. TUCKER{ and ERNA M. TUCKER, 'Grantors, whose legal address is 43550 1YCR 19 County of {55 Weld, Pierce, Colorado, 89650. for the consideratior, of fen Dollars paid in hand, hereby sells and conveys to C-R-'I'LCKER and ERNA tit. TUCtiCt:R Trustees of THE 0.12_ AND ERNA TUCKER LIVING TRUST, dared March Ti, 1997, Grantee, whr,ot address is 435SC WCR ?9„ County of Weld ?icrce, Colorado, 80651), the fallowing real pro perry in the County of Weld, State of C0lOtado, to twit: That pnrtinn of the NI12 of the SW 114 of Section 29, Township 8 North, Range 65 West of the 6th P.M., CUu-N"lY OF WELD. STATE OF COLORADO, more particularly described as follows; Considenng the West line of said 81.4'1.'4 as bearing South 0° (1[:'53" east with all heariegs conratned herein rata -et thereto. BZ2in≥Zing at'2ic hEnrt':twest Comer of said S[Y1r4: thence along the 'blest line of said Sµ-1;4 South 0° 0$'53 - East 1317.'36 feet; thence North 89° 08'^_8" East _3I1 01 feet to the West line of a 311_fr0 fn ❑t reservation for the mainteeanac of an irrigation ditch known 2_5 "COl].' n8 Laleral ', said paint being on a curve concave to the Northeast having a radian of 030.57 fact and a cerrrsl antic of 7° 14'15'- said reservation Iy:ng %Veit of and adjacent tit, as treasured at right angles to the centerline of said ditch; thence along the Wear line ofsaid reservation the following coorie5- Northwesterly along tea are el Said cunt 107.5S fret no the end of said curve; thence to ngent to said curve Norht 23° 53'50" West 82.16 feat to the hegInn in of a lament curve concave in the Northeast having a radius 4f 1654.45 fee: add e central angle of 7` 02'43' thence Northwesterly along the arce of said curve 203.4't reef to the end of said can -el thencn tangent, to said carve North !g' 53'37" West 144.29 feet in the beginning of g tangent curve concave t0 the Roar having a radius of'2442 fen and a central angle of 24" 22'41 thence Northerly along the ire of ea id curve 208,23 feel to the end ofsaid carve, thence tangent to said curse North ?° 29'34" East 'iii II feet to the beeinring of a tangent curve concave to the Went having a radius of 225.0 feet and a eeflrak angle n122' 11'311"; Thence Northerly along the arc of Said serve 87,13 feet le the end of said curve; r;tenee tangent t9 said caret North 14° 4 !'16" West leO tO feet to the brglrrtiirg of a tentent curve concave to the East honing a radius or 159,48 feet and a central snit of 211° oS"?y"; there Northerly along the arc ofsaid carve 72,62 fact to the end nfsaid curve, ratite e 'angerI to acid et:rye North 11° 23'46° Lati49.$4 feet to the Nort:, '.inc of sa,d SLF'II4 thence along, said North hat Sout;, 89' 88'78°' West 1233.27 Feet more or loss to the TRUE POINT OF REG rh'N ING With all its appurtenances, and warrants title 10 the same against all persons claiming under Grantor, subject 10- Taxes and assesstneues for this and subsequent years, easements and rights of way, existing ,v of reaUrd; rights of any portico not show„ by public records; resenati❑nt, restrictions,'0vcnarts. and leases Ohre=ord- Signedthis y or March, 1997, Csr'o arocrrmen are fern required. .-fcttral sicierna c n for lair conveyance writ lens than 9500, 0qj AEI 3041155 03/24/2003 11:32A Weld 0nttety, CO I at 9 R 0.4u 0 O.OO Sieve Moreno Clerk a Recorder STATE'. frE Co! Orcates E a .jv'IV OF BOIl1.I7ER -I'he foregoing instrument was ecknosoicdged before ate on this 7d'dav of March, 1097 tucker and Erna M_ Tucker Mycommission expires: gi/(pI ,QC°tIs Jultty Ili' Ut,, ArIORNi'r ^.'r Lhry 91411Rnr.ttrntA.r..H:]-tLOUR ,Cot.cR•,co8C1361 PHorat30391}-0904 FAX 303 -402-0458 IFI3 ifllefllEli;Ilf 1i1691FC'IA I I • RECORDED EXEMPTION NO, 0551-29.3 RE -48O0 LOCATED IN THE SOUTHWEST QUARTER OF SECTION 29, TOWNSHIP 6 NORTH, HANDE 65 WEST OF THE 6TH P.M., WELD COUNTY, COLORADO LLSILL 111, 'NCR SO I SP -IN EPP A 737 Recor'ed at.............................o'cloc's-._.".....bf Reeeftior No. 11.4575.55E7 APR _18.1975. S. LEE 51'EI-SSE- J Tms JJgED, hfsde this 7 dNTTA Apr.11 L57 ,between JAMS H. PARKS and Faun! v, PARKS Rnsbiad crtC. �;1,'e of elle County of Colorado. of the first pert, and Held sad State of C. P.. 3n3c:C. g erd !,'11111.k ,,. ''L'P`:7.2. RF.t;ORUE L S srAHP Slate Coeunlanlary Fc gat AP_A.. 81975 A the 4otluty o: 1d old sad State of Colorado, of [LA second part: WIT NESSETH. that the raid part iES of the fire[ pert, for and is SOU Wets lion of the elan of 0 hex- ti21u3.',1cep= aid=_ration. nri 'e'er; and r.Cri s^ COLLARS, to the said part ieE of the first part in band peed by the acid parties of the aveasd psrt, the receipt whereof is hereby colifeoced and acknowledged, bare greenteci, beigaisled, sold load conreped,and by theme presents do grant, bargain, Bell, convey nrtd confirm onto the acid parties of the azrund pert, their heirs and ensigns recover, nut in tinaney fie InITPAPD bat in !wilt tenancy, ell the tol'owing deaeritod lot or parcel of lead, aih:ate. ly4 g and being- is the Gaiety of 'Weld and State of clolorrda, to wits That portion of the N of the sC'1 of Section 25-, 'icenhhi 3 _'cr'_ , flange 65 West of the Gth 2. :,, COUNTY COY VELD, STATE Gc CJiG.:.r0, Lore particularly deocribod n follos.s _ Considering the Pest line of said SWI as bearing 5ot;th O°;;8`...3" Leat with, all bearings contained herein relative thereto. - Beginning at the Northwest Corner of said S?Ja; thence aio-,j the S:cn': lino of said SW;; South 0°06'53" East 1337.96 foot; thence North 89`08'28" East 1511.01 feet to the :'Jest Lae e- r C. foot reservation for the maintenance el as irrigation ditch "Collins Lateral", said point 'being on a curve concave to the 4 .._ having a radius of 850.67 feet and a central angle of 7"_f'3t"; -_ reservation lying West of and adjacent to, as measured at right ea to the centerline of said ditch; thence along the West lino of said reservation, the follow':_ courses; Northvesterly along the arc of said curve 107.34 feet to the cad ad said curve; thence tangent to said curve North 23°55'5D" West +:.2.10 feet to the beginning of a tangent curve concave to the \ortheat 11 avinz a radius of 1654.45 feet and a central angle of 7`02'63"; thence Northwesterly along the arc of said curve 203.;4 foal to tae and of said curve; thence tangent to said curve North 2Gb53'07" :'fcst f..2C teat to the beginning of a tangent curve concave to the East baying a raditz cf 72442 feet and a central angle of 24°22'41"; thence Northerly along the arc of said. curve 3DS.23 .eat to the oat o, said curve; thence tangent to said curve North x"20'3/" '' of i3,C1 feat to the beginning of a tangent curve concave to the hest haviaa a radius of 225.C2 teot auf, a ceuteai angle of 22`11'10"; thence Northerly along the arc of said curve 67.15 fEet to the' end of Baia cut-Je; thence tangent to said' curve North 14-°41'Nu" ',Test 255.S3 feet to the beginning of St tangent curve concave to the East having a radius of 153,48 foot and a 'central angle of 26'45'22'`; thence Northerly along the are of said curve 72,62 1ett to the coo of said curve; thence tangent to odd curve North 11`23°4u" EzEt 19.E-8 foot to 17.o North line of said 5W2i; thence along said North lane South W08'28" West 1233,27 feet >wro or less to the nal PQITZ; *�: II GI,iiYttG. 'If ter astral person no serape., titre !hurt name aid names; Ii Ely rrroen oetrP.e In representaelvo ar o;refs]. a4Aoofl or 9 a[ re fury -In .r(:_, the., `neat a err of P!OLCR OS eceyripr, •tterfey 7n -feet .ir pater' rapnclo - or dr5crlptlon- 11 Lr 4LI0arY ' Ae-cf er irdhtnreloser-Cr., ser-C ., or o.nrh ofnrrr r crIl-eto as she orsnl;lent or arbor nfIrkr t. Jt such tn:'pnro axon, ;�„ n or It-5e°n,tory 'l 1 Cc;cr:.la Revels.] Stacutca 11,e. en. C 737 ICES 527 TOGETHER with all and aingnlar the leereditemeat9 end appurtenances therewith belonging, or in anywise appertaining, the reversion and reversions, remainder and remainders, rents, isalIe9 and profits thereof; and all the estate, right, title, interest, claim and demand whatsoever of the said parties of the firek part, either in law or equity, of, is and to the chore bargained premi=er, with the hereditwmeets nod appurtenances. TO HAVE AND TO HOLD the said premises above haegnined and described, with the appurtenances, unto the said parties of the second part, these heirs and assigns forever. And the said part its of the first part, for them eel tees theiti eirc, execntara, and adrainintratom do covenant, grant, bargain and agree to and with the said parties of the stoond part, their heirs and assigns, that at the time of the eneeating and delivery of these pref- ects they are wail seized of the promisee ahtve tehveyed, at of geld, tore, perfect, abaolvte and indefcaeible estate of inheritance. in law, in fee simple, and have good right, full power and lawful authority to grant, bar- gain, cell ar,d senses the saint is manner and form afareesid, and that the same are free and clear from all former and other grants, bargaine, gales, liens, taxes, aaseeementt, and er etrtrbrances of whatever kind or nature echoer. Esser its, rights cf v:ar, reser;rati ns, restrictions of record or esuabl_isned on nhe remises- 1975 *aces, par -able in '970. Subject• to the Lien of': a iror'gage toatn ?der0.1 Land. Yank of 1, c ta,ir the sur_q of $L ,C40,Q4, ee≥rsLed or to be a E oy B- &&rare.,eee nanitC1seem. and the above hargainet premiseain the gniat and peaceable possession of the maid parties of the scroad part, their heir sad assigns, araintt all and every person or persona lawfully claiming or to claim the whole or any part thereof, the said pert Le, of the first part shell and will WFAIIRA_NT AND FORE VIER DEFEND. IN WITNESS WEEREOF the said parties of the fire* part bore hereunto set X270,1 rhand:, and seals the day and year first shave 'written. Sig yd,Scsird.sk'qU$fivered'ibthePreseneeof fps fI:}F c [S lkL] .:S tiU5bartT .-. ..--...-__._ S4', COLORADO, &isbky of rrez3 to. tier_ rI. Par___ vie The foregoing inatrorr:ent was acknowledged before me this le day of Apri.1 1975 ,ape Heleti V. Parks, :life My commission espi rev 115,/ Ciremiss.on ae,e7ree Seth 27, 7P7$ 113 . Witneae mxheart,dnd official teal. No- 921. WAIctANTT DEEA_T. fw t Trnrnt,. stns :n. Fahlithlnc a .. tsts•sc Stout Street, De nrer, Colo r.ta —t 74 •It by aa't,rOl ye, -eon _r pererne here Invert nvne gnd moles ; It by pro fir Nouns It ripreceoraruen to offish', [sfDCltY Sr as atrerocy-:n•-nct this '.a,rrt ',one. of per as cuicr, a r, itt'-!u th -fast ar n:r eel:ec[ty pr desc'r:plan r h7' nether or ccr- partlllOnf Ch. 1,ect f,amr of uehnl.'ir'er LOE r of r;,_prnea [r,. preelcnr.r cr Thee cDI:r.,r3 ,,. .ouch carioorltltr., nom lap tt-5returry .icl,'r'O L- iOtC a cut, Sec. 115-5-1 Colarxdu lie''Ised 51-tr0tes 3953. 3658527 . ' WARRANTY DEED IDINT TO STATE OF COLORAOOL I hereby rer:11y that thle luetrotteat was hltd ror Heard u try office ad( ...................... .Ara 01 RPf7 R 1975 ets.'....... o',;Idek - ,. --b. and duly re-ordetl -13 ' InHoo4- ............:.. ..........._..........__ Pair....... ....... _� _. Orourr Mail tn. (or return tot dead fava,e torttoiiato W. •. -(Yli4TF CF ':7.?P. SEDERAL I AND BANK ASSN, Chftotd R. Ehn, Maooger P. O, Box 1287 [(iCLLEY, C0L0 R.IDD 431.1531 682 DEC 22 797a II n rr-1 Filr.r !or -reran' IL P. .filar ai_ _ A .i Ih 'Hock 5}. N, 1604103 • Gi." $P MER _ Ii l:L�P.IItilt. ri ,a C ' iv [f� Drrt, 74,0,1ids daraf December one- :houdend nine hundred and Sevent y two hettrceri DAZE THOMAS en i MARIETTA TN0I•tAS el the County id Weld oral State of Colorado, or the fiat port, and d9:T.S B. ?ARK and HELEN M. PARKS, as joint tenants, of the County el Larimer in the yenr of our Lori and Oo of Ciao„ do, al 'he .meend pall; Wltnneeett, T6a: the ,aid cur des a! :Ire first pro%., Ice and in rani t ratiul or 'CA cello o. -Ten ($10.00) and other ylUr.l,.i RS, to the said pert ^itsof the first part in hand mid by the, said parfirr9 of the uceond part, the receipt .rheum:it hereby eon- rtaxd std aeknnvoierlyed, have grank-,1, berhsined. said end conveycl. nod h; these preenes do hrcaI, l Jar , convey and confirm, unto the avid pnrtiea of the ,ecnnd part., not in 1,40er In erunmsa but be. ,a.rt tenancy, the=ur..Vnr of thee, their anvignn and the heir and ansienc of sods sorvin or tarever, all the fo-llopin, edeser+hod tot or parcel of 61.1 aih ease, lying and bring in the Caunly of Weld nod Eta it of Colorado, to -wit: That portion of the 14 of the SVi of Section 29, Township 8 North, Range 65 West of the 6th P.M., COUNTY OF YlIY,T], STATE OF COLORADO; more particularly described as follows: Considering the West Line of said SW:i as bearing South 0°08'53" East with all bearings contained herein relative thereto; Beginning at the Northwest Corner of said 51:i; thence along the West line of said SNj South 0°08'53" East 1317.05 feet; thence North 89"08'2S" East 1511.01'feet to the West line of a 30.04 foot reservation for the maintenance of an irrigation ditch known as "Collins Lateral", said paint being on a curve concave to the Northeast having a radius of 850.67 feet and a central angle of 7°l4 "5"; 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 o€ 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 16°53'07" West 144,20 feet to the beginning of a tangent curve concave to the East having a radius of 724.42 feat and a central angle of 24'22'91"; thence Northerly along the ore of said curve 308.23 feet to the end of said curve; thence tangent to said curve North 7°29'34" 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 are of said curve 87.13 feet to the end of said curve; thence tangent to said curve North 14°41'38" West 268.88 feet to the beginning of a tangent curve conc.,ve to the East having a radius of •158.48 Toot and a central angle of 25°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 11°23'4G" East 49.84 feet to the North line of said SW thence along said North line South 89'08'28d1 Went 1233.27 foot more or ' less to the 7fIUE 201NT OS' BEGXkr"t'IN5. (Without any water rights therewith) Slate DtxumeoLCMy Fee oc DEC 2 2 5972 682 1604103 Sdb act to. -express restriction, condition,agree-meut and covenant running with said land that no commercial wrecking or junk yard use will be made, used or had on or in connection with said land for a period of 10 years from the date hereof. Together with ail nod ningolnr the hereditament, and appurtenance thermal* belonging, or in anywise epxrtainiea and the reversion and reversioner remainder and rrmnindery, mate, inenjrs and profits thereof; and all the ante, right, title, interest, claim and demand whatsoever of the said paellaof the first part, either in law or egaily, of, ..Lo end to the above bargained prsmiara, with the hrreditamtote and appurtenahra. To Have and to Hold tie said premises above bargained land dearrihed, win tthe appurtenances, unto the said part its cf the reread part, the stavfvor of Lhem, their e.Riltrts end the heirs ant" amigo of such Ott teivor forever. And the said part ie$ of the first part, forthef n xeives &. their belts, r renterv, and administrators, do hereby eoverraat, grant, bargain and agree t.a and with the raid panics of the second part. the ,ortivor of tarn", their assigan and the heir, and Fassig=ww al Ouch summer, float at the time of the ens -LW -Mg and Delivery of these presents,- they are en -U aunt of the pcendst above tonaeyed, as at goad, sure, perfect, absolute and indefeasible restate of inheritance, ire law, in tee rtimpta, wad hive fiend Tight, full power and lawful mlherity to grant,bargain,ccll and runvcy the -lent to m -Inner and form afuruutid,sad that the same art Ire and rime Erma all farmer, am other ants, bargains sales, fits, f�, awes,uttrt sad �rcornhrancm of whatever kind or naturesoevcr, SUDJC con esezva 'on oS a.r coal m other mins. y U.?P .R., in. Bk. 178 at 482. 1972 taxes which have been faro -rated & which Granxdr, '11 pay in 1c}73; Reoui'r'ts. & ass'ts. of No. Colo. Water Cons'y. Dis r., SJ. reeley soil Cons'n. Di.str. & Ault Fire Prot'n.Distr.; above restrtn. cotrerant a. comm. wrecking yard use; & 30 ft. R.O.W. along westerly portion f 'r road; and titer ,Love bargained premises in the Zvi ei and gr+eeaitle ponaessioo at the jai.] polio! of the w!eond Fort, the eurrivor of them, their ascigne acid the heirs end assigns o, such survivor, against all and every pertoa or paainn lawfully Chemin,' or to noire tie whale or any port therein, the yard parties of the trot pmt ehaB and will WlIIFLthT AND FOREVER DEFEND, Irt Wltve,e Wile teat, The acid partle5 uF Lie firer part haste hereµpto oae thsir hrndg and heal a the- day amt year, dent above nrltten- Signed, Scaled tend Delivered is the Preserve of as j/ C2ds-�r�aJ.. --------(SEAL? arietta STATE'. Q f'"cyLOftp-D 4. ` 40.t" 3,4ueld. 'or f ps. - .I97_2_. by Dale T ottes and 11 ietta Teamas :0 o -r Ti t VIA Qtr -id rt$d Official Scat. .rfa nv, �Y':3C--2 ^ J S .. ( .2' qxnExuirharry public Iwtaiiirfp "AlidVVjjrreo for FUtare Tax Netteer sr. The foregoing instrurneztt WTS acknowlentcd before me this WARRANTY DEED TD JO'NY TENANTS —rte. e. v. ootenctw., ors vcu. ca�a.—ssc ci,. La CA . C agL J • Hecarde3 ❑t .....r'.... . 15.1959 3r......_.-. ) — f l:3.,To " ^: ; THLSL" FR= L\''!ha_ LUNA IIUMPliREY, also known as =A G. r:L•;r1PHREY, nee EL6lhl G. CARROLL, o the_ - - - _ - - - - -county Of- - _ - - Weld , and state or Colr rada, -fnr the r.onsidcrae on orhther Valuable Consf.derat'l on end -Ten (410 .00) ----17a1Inrs, Cn hard p„ tl, irately .,ull and Lant'rr L:k PDXELDER SHEEP CO. , c Colorado corporation, i roc County of Woltl ar.i State of Coinrado, the felloscinf tea] pra;;emr. situate in the County of - - - - Weld - - - end Sere of Cuterado, tasin: O, Q The Socth Half (6k) of Section Nineteen (29) , Township E1ght (8) , h North of Range Sixty-five (E5) :Vest of the eth P,h, together with one (1) share o£ Capita:. stack of ,rater Supply and Storage Co.; 5/.6ths interest in Antelope Reservoir„ located in the S'Wi of See- -4 tion 15, Townshir S North, Range 65 West of the 6th P.M. and in the SEA of Section 13, Township 8 North, Range E6 West o£ the 6th >-- P.M.; 300 aCre feet of water from The Northern Colorado Water Con- servancy District and two (2) shares of capital stock of the r Pierce Lateral. Conpany. Grantor door not warrant title to land ea conveyed to Weld County for highway purposes, recorded in Book 1088 ---- os a 265. exceot a parcel of land Couceyed by warranty deed record- ed -in Book 12O2, page 601. The Southwest Quarter r,SWij of Section Twenty-nine (29}r Township Eight (8) Von -Lk of Range Silty -five (65) West of the Eth P.M., to- getIner with two (2) shares of the capital stock of Water Supply and StOraae.Co. ; one -eighth (1./8) interest in Antelope fesera-oir located in the S.lq of Section 18, Township 8 North, Range 65 'test of the 6113 F.M., and in the SE9 of Section. 13, Township 8 North, Range 66 West of the Eth P.n.; two (2) shares of the captial stock in the Pierce Lateral Company and one (1) share of stcclt in the Collins Lateral Cor.,Pan5 Together with all ditch and water rights used with or in any way pe;rtairiing to all of the above described lands, This convekance includes all rights under surface agreement with Union Paciric Railroad. nC!!: all it eprrurrcn±;n-_c.. aril, v.airent the ti!IP -o ,te 'anx, ±u'.rr•r::., ireneral taxes for the rear 1968 to he paid t'n grantor Except oil and gas reservations of record. ed- Si wed and e+:lt'.t LO th's In the pet"_erce el 57. -ATE pr COLOR.A.DC•. WELT.. 75 diiy of January , A Fl. ii p. ra�3Tiiioia also knb'n(as�L} Edna Cr.I'Hutughre , nee Edna 'Cr.-.t' Tall tR 1'lie fore„ r$n3 inatrumer,t l 69,1,./.., Edna llu:nphrr , also known as NJna G. Hur:phrey, WITNESS NESS my !.arid and o:'ii_IeI =c.il It 1 ri; 1�7'7'�IS`•Lfr Y1 �[[]irC5 !,��, _.. .... _."� _ :r' J yam( O a n Linuar.y ....,.... nee Ed,a G. Carry 7.. [-ne �.: nil '...n. �. sr ,� me--:: Or, :.-:•JaC' ,_. C... -r •, ]_:e_: tr cnittj r. �f ', Sr.c-i,--r>. .,. C'.i^ p,,. 131.:131 'r. 'rr :.. .. C. :rto .- -_ AT!. O! . ..CENIra,LE❑G SLNT lEJId t Hello