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Home My WebLink About20181619.tiffRESOLUTION RE: APPROVAL OF RECORDED EXEMPTION, RECX18-0025 - BARBARA MCMILLIAN AND JANET SWANK 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, RECX18-0025, was submitted by Barbara McMillian, 6795 Colorado Blvd. Commerce City, Colorado 80022, and Janet Swank, 5671 E. 72nd Avenue, Commerce City, Colorado 80022, for property which is located on the following described real estate, to -wit: Part of the NW1/4 of Section 9, Township 1 North, Range 64 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, RECX18-0025, does not come within the purview of the definition of the terms "subdivision" and "subdivided land," and WHEREAS, this request is to divide the property into parcels estimated to be approximately 26.25 acres and 26.25 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 Barbara McMillian and Janet Swank for Recorded Exemption, RECX18-0025, be, and hereby is, approved subject to the following conditions: 1. Prior to recording the plat: A. The applicant shall address the requirements of Weld County School District RE -3J, as stated in the referral response dated April 10, 2018. Evidence of such shall be submitted, in writing, to the Department of Planning Services. B. Lot A shall comply with the two and one-half (2 1/2) acre net minimum lot size required by Section 24-8-40.L of the Weld County cc•• PLC m!-Ifmm),o..PPLs o1 -a3 -i9 2018-1619 RECX18-0025 RECX18-0025 - BARBARA MCMILLIAN AND JANET SWANK PAGE 2 Code. Net acreage calculations should not include future road right- of-way. 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. 2. Items to be included on the plat: A. The plat shall be titled: Recorded Exemption No. 1475-09-2 RECX18-0025. B. A 30 foot -wide joint access and utility easement extending across Lots A and B from County Road 53, for the benefit of Lots A and B shall be shown clearly on the plat. The joint easement shall be dedicated for the use as shown using the language set forth in the Weld County Code, Appendix 24-F.2. The easement shall be graded and drained to provide all-weather access. C. Show and label the preliminarily approved access point(s) and the usage types. D. County Road 53 is a paved road and is designated on the Weld County Functional Classification Map (Code Ordinance 2017-01) as a local road, which requires 60 feet of right-of-way at full buildout. The applicant shall verify and delineate on the plat the existing right-of-way and the documents creating the existing right-of-way. If the existing right-of-way cannot be verified it shall be dedicated. The applicant shall also delineate the physical location of the roadway. This road is maintained by Weld County. E. Setback radiuses for existing oil and gas tank batteries and wellheads shall be indicated on the plat, per the setback requirements of Section 23-3-50.E of the Weld County Code, if applicable. F. All recorded easements and rights -of -way shall be delineated on the plat by book and page number or reception number. 3. 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 future right-of-way line. 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 2018-1619 RECX18-0025 RECX18-0025 - BARBARA MCMILLIAN AND JANET SWANK PAGE 3 150 -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 this 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) 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. 6) Access on the site shall be maintained to mitigate any impacts to the public road, including damages and/or off -site tracking. 7) 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. 8) 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. 9) Prior to the release of building permits, the applicant shall submit evidence to the Department of Planning Services that Lots A and B have an adequate water supply of sufficient quality, quantity and dependability. 10) Potential purchasers should be aware that Lots A and B may not be eligible for a domestic well permit which allows for outside irrigation and/or the watering of stock animals. The State Division of Water Resources issues all well permits. 12) 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 2018-1619 RECX18-0025 RECX18-0025 - BARBARA MCMILLIAN AND JANET SWANK PAGE 4 well users to test their drinking water prior to consumption and periodically thereafter. 13) 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. 14) 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. 15) The historical flow patterns and runoff amounts will be maintained on the site. 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 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 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) 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. 2018-1619 RECX18-0025 RECX18-0025 - BARBARA MCMILLIAN AND JANET SWANK PAGE 5 19) The Weld County Right to Farm Statement, as it appears in Section 22-2-20.J.2 of the Weld County code, shall be placed on the map and recognized at all times. 4. Additional Information: A. If buildings requiring water and sewer are to be constructed, a Weld County Septic Permit is required for both proposed septic systems and shall be installed according to the Weld County on -site Wastewater Treatment System Regulations. B. The applicant has proposed a well as the source of adequate water for Lots A and B. Property owners are advised that the quantity of water available for usage may be limited to specific uses, i.e., "Domestic Use Only," etc. Because each situation is unique, the Department of Planning Services encourages property owners to contact the Office of the State Engineer, Division of Water Resources (1313 Sherman Street, Room 818, Denver, Colorado 80203. Phone 303-866-3581), to discuss each individual situation. 5. The plat shall be prepared in accordance with the requirements of Section 24-8-60 of the Weld County Code. The applicant shall submit an electronic copy (PDF) of the plat for preliminary approval to the Department of Planning Services. Upon approval of the plat, the applicant shall submit a Mylar plat along with all other documentation required as conditions of approval. The Mylar plat shall be recorded in the office of the County Clerk and Recorder by the Department of Planning Services. The Mylar plat and additional requirements shall be recorded within sixty (60) days from the date the Board of County Commissioners resolution was signed. The applicant shall be responsible for paying the recording fee. 6. In accordance with Weld County Code Ordinance #2012-3, approved April 30, 2012, should the plat not be recorded within the required sixty (60) days from the date the Board of County Commissioners resolution was signed, a $50.00 recording continuance charge shall added for each additional three (3) month period. 2018-1619 RECX18-0025 RECX18-0025 - BARBARA MCMILLIAN AND JANET SWANK PAGE 6 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 21st day of May, A.D., 2018 BOARD OF COUNTY COMMISSIONERS WELQ COUNTY, COLORADO ATTEST: Steve Moreno, Chair Weld County Clerk to the Board BY: Deputy Clerk to the B Date of signature: 06-974 2018-1619 RECX18-0025 PLANNER: CASE NUMBER: OWNERS: REPRESENTATIVE: REQUEST: DEPARTMENT OF PLANNING SERVICES RECORDED EXEMPTION ADMINISTRATIVE REVIEW Michael Hall RECX18-0025 Barbara McMillan (1/2) and Janet Swank (1/2) Misija Construction c/o Steve White 6700 W 34th Street Road, Greeley, CO 80634 Two -Lot Recorded Exemption HEARING DATE: May 21, 2018 LEGAL DESCRIPTION: Part of the NW4 of Section 9, Ti N, R64W of the 6th P.M., Weld County, CO PARCEL NUMBER: PARCEL SIZE: WATER SOURCE: SEWER SOURCE: 1475-09-0-00-004 Lot A: +/- 26.25 acres ZONE DISTRICT: A (Agricultural) Lot B: +/- 26.25 acres Lot A: Pending Well Lot B: Pending Well Lot A: Pending Septic Lot B: Proposed Septic NARRATIVE: The proposed application seeks to split an approximately 52.5 acre metes and bounds parcel of land created by deed on September 9, 1976, reception # 1698593 via a two lot recorded exemption. The proposed recorded exemption seeks to split the 52.5 acre parcel in half. Each new lot would be approximately 26.25 acres. The current owners have owned the property since September 9, 1976. The application is recommended for denial because the proposed size of Lot B is approximately 26.25 acres which does not meet the minimum acreage requirements to keep proposed Lot B greater than thirty-five (35) acres net per Section 24-8-40.P of the Weld County Code. The applicants do have the ability to make proposed Lot B greater than 35 acres and could meet the 35 acre requirement per Section 24-8-40.P, if the proposed recorded exemption layout was modified. The Department of Planning Services staff has reviewed this request and recommends that this request be Denied for the following reasons: 1. It is the opinion of the Department of Planning Services staff that the applicant has not shown compliance with the following criteria as listed in Section 24-8-40 of the Weld County Code. Section 24-8-40.P of the Weld County Code, states: "After August 3, 2010, the largest lot of any recorded exemption may not be less than thirty-five (35) acres net. This requirement may be waived by the Board of County Commissioners if the Board finds that extenuating circumstances experienced by the applicant justify approval of the recorded exemption and that the recorded exemption is not for the purpose of evading the requirements and intent of this Chapter." The applicants are requesting to subdivide the 52.5 acre parcel of land into two equal lots. This proposal does not meet Weld County Code Section 24-8-40.P. RECX18-0025 - McMillan & Swank Page 1 of 5 The applicants were aware that this Recorded Exemption case would be recommended to the Board of County Commissioners for denial and choose to proceed with the request. They acknowledged the recommendation for denial and request the requirement listed under Section 24-8-40.P be waived. Based on the owners' request letter, their goal is to split the property in half equally. The owners, who are sisters, have owned the property since 1976 and it has been farmed by their family consistently over time. Additionally, the Colorado Division of Water Resources has agreed to allow two non -tributary wells - one on each proposed lot, according to the letter. The property owners want to split the property directly in half which does not comply with Section 24-8-40.P of the Weld County Code. However, they do have the ability comply with this code section and could make the larger lot (proposed Lot B) at least 35 acres net as required per Section 24-8-40.P, if the lot layout was modified. Besides adjusting the proposed lot layout, other options exist in the Weld County Code to subdivide this parcel. The Planned Unit Development (PUD) and Minor Subdivision are appropriate processes to create additional legal lots. Additionally, a Zoning Permit for a Secondary Dwelling (ZPSD) or Use by Special Review (USR) may be applied for in order to permit one additional home on the property. Should the Board of County Commissioners approve this request, the Department recommends the following conditions be attached: 1. Prior to recording the plat: A. The applicant shall address the requirements of Weld County School District RE -3J, as stated in the referral response dated 04/10/2018. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. B. Lot A shall comply with the two and one-half (2 1/2) 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. 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. 2. Items to be included on the plat: A. The plat shall be titled: Recorded Exemption No. 1475-09-2 RECX18-0025 B. A 30 foot wide joint access and utility easement extending across Lots A and B from County Road 53, for the benefit of Lots A and B shall be shown clearly on the plat. The joint easement shall be dedicated for the use as shown using the language set forth in the Weld County Code, Appendix 24-F.2. The easement shall be graded and drained to provide all weather access. C. Show and label the preliminarily approved access point(s) and the usage types. D. County Road 53 is a paved road and is designated on the Weld County Functional Classification Map (Code Ordinance 2017-01) as a local road, which requires 60 feet of right- of-way at full buildout. The applicant shall verify and delineate on the plat the existing right- of-way and the documents creating the existing right-of-way. If the existing right-of-way cannot be verified it shall be dedicated. The applicant shall also delineate the physical location of the roadway. This road is maintained by Weld County. E. Setback radiuses for existing oil and gas tank batteries and wellheads shall be indicated on the plat per the setback requirements of 23-3-50.E of the Weld County Code, if applicable. F. All recorded easements and rights -of -way shall be delineated on the plat by book and page number or reception number. RECX18-0025 - McMillan & Swank Page 2 of 5 3. 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 future right- of-way line. * 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 302i 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 twenty -five-foot radius of any plugged or abandoned oil and gas well. Any construction within a two -hundred -foot radius of any tank battery or one -hundred -fifty - foot radius of any wellhead shall require a variance from the terms of this Chapter in accordance with Subsection 23-6-10.C of this Code. 2) Any future structures or uses on site must obtain the appropriate zoning and building permits. 3) Lot A is not eligible for a future land exemption in accordance with Section 24-8-20.C.1 of the Weld County Code. 4) The largest lot of any Recorded Exemption may not be less than thirty-five (35) acres net unless approved by the Weld County Board of Commissioners in accordance with Section 24-8-40.P. of the Weld County Code. 5) 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. 6) Access on the site shall be maintained to mitigate any impacts to the public road including damages and/or offsite tracking. 7) 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. 8) 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. 9) Prior to the release of building permits, the applicant shall submit evidence to the Department of Planning Services that Lots A and B have an adequate water supply of sufficient quality, quantity and dependability. 10) Potential purchasers should be aware that Lots A and B may not be eligible for a domestic well permit which allows for outside irrigation and/or the watering of stock animals. The State Division of Water Resources issues all well permits. 11) 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. 12) 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. 13) The property owner shall control noxious weeds on the site. 14) The historical flow patterns and runoff amounts will be maintained on the site. RECX18-0025 - McMillan & Swank Page 3 of 5 15) 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. 16) Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County -Wide Road Impact Fee Program. 17) 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. 18) RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of the most abundant mineral resources, including, but not limited to, sand and gravel, oil, natural gas, and coal. Under title 34 of the Colorado Revised Statutes, minerals are vital resources because (a) the State's commercial mineral deposits are essential to the state's economy; (b) the populous counties of the state face a critical shortage of such deposits; and (c) such deposits should be extracted according to a rational plan, calculated to avoid waste of such deposits and cause the least practicable disruption of the ecology and quality of life of the citizens of the populous counties of the state. Mineral resource locations are widespread throughout the County and person moving into these areas must recognize the various impacts associated with this development. Often times, mineral resource sites are fixed to their geographical and geophysical locations. Moreover, these resources are protected property rights and mineral owners should be afforded the opportunity to extract the mineral resource. 19) WELD COUNTY'S RIGHT TO FARM: Weld County is one of the most productive agricultural counties in the United States, typically ranking in the top ten counties in the country in total market value of agricultural products sold. The rural areas of Weld County may be open and spacious, but they are intensively used for agriculture. Persons moving into a rural area must recognize and accept there are drawbacks, including conflicts with long-standing agricultural practices and a lower level of services than in town. Along with the drawbacks come the incentives which attract urban dwellers to relocate to rural areas: open views, spaciousness, wildlife, lack of city noise and congestion, and the rural atmosphere and way of life. Without neighboring farms, those features which attract urban dwellers to rural Weld County would quickly be gone forever. Agricultural users of the land should not be expected to change their long-established agricultural practices to accommodate the intrusions of urban users into a rural area. Well - run agricultural activities will generate off -site impacts, including noise from tractors and equipment; slow -moving farm vehicles on rural roads; dust from animal pens, field work, harvest and gravel roads; odor from animal confinement, silage and manure; smoke from ditch burning; flies and mosquitoes; hunting and trapping activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and fertilizers in the fields, including the use of aerial spraying. It is common practice for agricultural producers to utilize an accumulation of agricultural machinery and supplies to assist in their agricultural operations. A concentration of miscellaneous agricultural materials often produces a visual disparity between rural and urban areas of the County. Section 35-3.5-102, 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. RECX18-0025 - McMillan & Swank Page 4 of 5 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. 4. Additional Information. A. If buildings requiring water and sewer are to be constructed, a Weld County Septic Permit is required for both proposed lots septic systems and shall be installed according to the Weld County On -site Wastewater Treatment System Regulations. B. The applicant has proposed a well as the source of adequate water for Lots A and B. Property owners are advised that the quantity of water available for usage may be limited to specific uses, i.e., "Domestic Use Only," etc. Because each situation is unique, the Department of Planning Services encourages property owners to contact the Office of the State Engineer, Division of Water Resources (1313 Sherman Street, Room 818, Denver, Colorado 80203. Phone 303-866-3581), to discuss each individual situation. 5. The plat shall be prepared in accordance with the requirements of Section 24-8-60 of the Weld County Code. The applicant shall submit an electronic copy (PDF) of the plat for preliminary approval to the Department of Planning Services. Upon approval of the plat, the applicant shall submit a Mylar plat along with all other documentation required as conditions of approval. The Mylar plat shall be recorded in the office of the County Clerk and Recorder by the Department of Planning Services. The Mylar plat and additional requirements shall be recorded within sixty (60) days from the date the administrative review was signed. The applicant shall be responsible for paying the recording fee. 6. In accordance with Weld County Code Ordinance 2005-7 approved June 1, 2005, should the plat not be recorded within the required sixty (60) days from the date the Administrative Review was signed a $50.00 recording continuance charge shall added for each additional 3 month period. 7. If the exemption plat has not been recorded within sixty (60) days from the date the administrative review was signed, or Board of County Commissioners resolution, or if an applicant is unwilling or unable to meet any of the conditions within sixty (60) days of approval, the application will be forwarded to the Board of County Commissioners with a staff recommendation for denial. The Director of Planning Services may grant an extension of time, for good cause shown, upon a written request by the applicant. By: L Michael Hall, Planner I Date: 04/20/2018 RECX18-0025 - McMillan & Swank Page 5 of 5 FIELD CHECK Inspection date: May 7, 2018 CASE NUMBER: APPLICANT: LEGAL DESCRIPTION: LOCATION: RECX18-0025 Barbara McMillan (1/2) and Janet Swank (1/2) Part of the NW4 of Section 9, T1 N, R64W of the 6th P.M., Weld County, CO East and adjacent to County Road 53; approximately 0.3 miles south of Highway 52 Zoning Land Use N A (Agricultural) N Natural Area / Open Space E A (Agricultural) E Natural Area / Open Space S A (Agricultural) S Agricultural / Rural Residential W A (Agricultural) W Agricultural / Rural Residential COMMENTS: The site is vacant. There are no improvements. There is one old access point and agricultural access road parallel to the north property line that extends east into the property from CR 53. County Road 53 is a gravel road. The proposed RE is located on the east side of CR 53. Most of the surrounding properties are agricultural lots. The Banner Lakes State Wildlife Area and Denver -Hudson Canal is located to the north and east. Michael Hall, Planner I 05/07/2018 - Yr RECORDED EXEMPTION (RECX) APPLICATION DEPARTMENT OF PLANNING SERVICES * 1555 N. 17T" AVENUE * GREELEY, CO 80631 www.welddov.com . 970-353-6100 EXT 3540 FAX 970-304-6498 FOR PLANNING DEPARTMENT USE: AMOUNT $ APPLICATION RECEIVED BY: DATE RECEIVED: CASE # ASSIGNED: PLANNER ASSIGNED: Parcel Number 1 4 7 5. 0 9. 0 _ 0 0_ 0 0 4 (12 digit number - found on Tax I.D. information, obtainable at the Weld County Assessor's map found at wwwww weld ov.com) Legal Description SE4NW4/S30A SE4NW4 , Section 9 , Township 1 North, Range 64 West Has the property been divided from or had divided from it any property(ies) since August 30, 1972? YES IT NO .17 Is the property located in a floodplain? YES LI NO LLUnknown II Is the property located in a geohazard area? YES I I NO l. Unknown El FEE OWNER(S) OF THE PROPERTY: Name: Barbara McMillan Company: N/A Phone #: 1-303-981-3227 Email: barbaramcmillan45@gmaii.com Address : 6795 Colorado Blvd City/State/Zip Code: Commerce City, GO. 80022 FEE OWNER (cant.) or APPLICANT: Name: Janet Swank Company: N/A Phone #: Address : 5671 E 72 Ave Email: unionnorm@questoffice.net City/State/Zip Code: Commerce City CO. 80022 AUTHORIZED AGENT*: Name: Steve White Company: Misija Construction Phone #: 970-213-6160 Address : 6700 W 34th St Rd. City/State/Zip Code: Greeley, CO 80634 Email: misijaconstruction@gmail.com `Authorization Form must accompany all applications signed by an Authorized Agent Lot A smallest lot Lot B Lot C Lot D Proposed Use (i.e. Ag or Res) Res Ag Proposed Acreage 26.25 26.25 Address 4676 CR 53 Not assigned I (We) request that the above described property be designated a Recorded Exemption by the Weld County Board of County Commissioners. I (We) hereby depose and state under penalties of perjury that all statements, proposals, and/or plans submitted with or contained within the application are true and correct 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 showing the signatory has the legal authority to sign for the corporation. Wl ,.°a` -A--12 Signature: Owner or Authorized Agent Date c,4 Print: Owner or Authorized Agent ture: Owner or Authorized Agent Print: Owner or Authorized Agent ,22:1-/p Date *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. Page I 6 Subdivision Name: 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), /1_3(.1,- AitA, /4 D , give permission to ' i v� i.a ./kit 5fcf (Applicant/Agent — please print) (Owner — please print) to apply for any Planning, Building or Health Department permits or services on our behalf, for the property located at (address or parcel number): A/6 76 C.. R 5 3 Legal Description: -9"//, 4/is /A / �e s b u7 of Section , Township / N. Range 7 W Property Owners Information: Phone:.:ScS Applicant/Agent Contact Information: Phone: f O Lot Block E-mail: //erg 7 _7.0-74--, E -Mail: Y'7 /Si Email correspondence to be sent to: Owner Applicant/Agent Both Postal service correspondence to be sent to: (choose only one) Owner _ Applicant/Aaent Additional Info: <21Il4 F -r Owner Signature: Owner Signature:`ty Date: r t Date: , - /P February 24, 2018 RE: Recorded Exemption Address McMillan/Swank Parcel To Whom It May Concern: Happy to have found a farm near their family farm, Barbara Swank -McMillan and Janet Union -Swank purchased this property in 1976. Not only is this land esthetically pleasing, with rolling hills and direct access to the Banner Lakes open space, the land also sits near several other Swank farms. The Swank family has farmed in this area since the 1950's. Years ago, Barbara and Janet hired their brother, and then later their nephews, to farm this ground. They will continue utilize the land for agricultural purposes even after the home is built. The Swank nephews were recently awarded the "Conservation Farmer of the Year/' in recognition of their faithful awareness to land conservation and protection. The Swank family is committed to preserving the natural beauty of these lands and the wildlife that flourish on their land. The Colorado Division of Water Resources has agreed to allow 2 non -tributary wells on this property, one for each half. (see attached) These wells allow for domestic water and 40,000 square feet of exterior irrigation. The sisters understand that subdivision regulations must be in place to protect the beautiful Colorado landscape, but this family has no intentions of forming residential lots, only to enjoy living in the same area that their family has enjoyed and protected for near 70 years. We are asking that an exception to the 35 -acre minimum size requirement be made in this case. We believe that our situation does not conflict with the spirit of the exemption code. We bought this land equally, have diligently paid the loans and taxes equally, have experienced the highs and lows of farming equally, and we only wish to split the property equally. Thank you for your time in this matter. Sincerely, Barbara McMillan and Janet Union RECORDED EXEMPTION (RECX) QUESTIONNAIRE ++++ Please type or print your responses to the following questions below and use a separate sheet of paper if needed. +++++ 1. Domestic/Potable water: Describe the water supply and provide evidence of sufficient quality, quantity and dependability for all lots. A letter from a water district, municipality, or a well permit is examples of evidence of domestic/potable water. If utilizing a drinking water well include either the well permit number and/or the well permit application that was submitted to the State. If sharing a well a shared well agreement is required. If on public water include a 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 Pending Water Well application with Colorado water resources Lot B Water Source Currently none Lot C Water Source Lot D Water Source 2. irrigation water: State the type and quantity of irrigation water to the site or when irrigation water has been removed from the site (Example - "Four (4) shares of ABC Ditch Company Water will remain with the site, a copy of the purchase agreement addressing this item is attached," or "The parcel was purchased with no water rights.") The proposed application would provide a permit for construction of a new non -tributary domestic well. This well allows for the residence and up to 40,000 soft. of irrigated ground. There are no pending applications on Lot B, CDWR has agreed that the property would be eligible for the domestic welt as above. 3. Adequate means for the disposal of sewage: If utilizing an existing septic system provide the septic permit number. If there is not a permit due to the age of the existing system, apply for a septic permit/documentation through the Department of Public Health and Environment prior to 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 "A copy of the existing Septic Permit #1236789 is included with the application.") Lot A sewage disposal Pending application for septic via Weld county. Lot B sewage disposal None at this time 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 # ZPMH-123, two barns, and one loafing shed. The north half is currently used for pasture for one -hundred head of cattle and ten horses. There is an oil and gas well head and tank battery in the northeastern corner. The south half of the property is flood irrigated and currently planted in alfalfa.") The property is currently used as dry land farm ground utilized by the Nephews of the property owners. There a no structures on this ground. There are no oil/gas leases or drilling. 5. Describe the vehicular access to the new and existing lots? (Example — "Each lot will have individual driveways off of County Road 72" or "All lots will share the existing access point off of County Road 59") There are currently two access points, one on the north and one on the south edge on the property. These access road are maintained road base. Both of the access points 6. Describe the location, size, of the new lot(s). (Example - "The property will be split into one five (5) acre lot and one 40 acre lot.") The property will be split into (2) lots. Each lot would bcres. 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!) The property is rolling hills to the north and east. The Banner Lakes reservoir abuts the east and North sides of the property. 8. Is there a business or Use by Special Review permit on the property? Y N UNKNOWN If YES, will it be vacated or remain on the Recorded Exemption lot(s)? (Example - "USR12-1234 for my concrete business will be vacated as my son is moving the business and equipment to his property outside of Weld County.") Page I8 LEGAL DESCRIPTION HE SOUTH THPEE FOURTHS OF THE SOUTHWEST CU AR T ER OF THE NORTHWEST QUARTER (S 3/4 SW1/4 NW 1/4 ) AND THE r�� THREE F THE Oil r, — D i R a CU, �; THREE FOURTHS C�= THE WEST T. , ..E FOURTHSO H'= SOUTHEAST QUARTER Cr THE NORTHWEST QUARTER �R (S 3/� 3/4 SE 1/4 NW1/4) OF SECT:ON 9, TO1IBSI-!IP ONE NORTH, RANGE 64 'VEST OF THE SIXTH PRINCIPAL MERIDIAN, WELD 3LNTY, COLORADO ANC BEING MORE PARTICULARLY DESER18ED AS FOLLOWS: :GINNING AT THE 'HEST ONE QUARTER CORNER OF SAID SECTION 9 AND CONSIO"ERINO THE WEST LINE OF SAID SECTION 3 SEAR NORTH 01'25'44- EAST AND WITH ALL OTHER BEARINGS CONTAINED HEREIN BEING RELATIVE THERETO: HENCE NORTH 01 25'4 " EAST ALONG THE WEST LINE OF SAID SECTION 9, 990.82 FEET; iENGE SOUTH 23'52':G" EAST, 2343.--'S FEE l: _N E S':1_H 00'27'47- WEST, 1005.53 FEET TO A P0.1NT ON THE SOUTH LINE OF THE NORTHWEST QUARTER (NW 1/4-) �-,I+`1 SECTION 9: , N E NORTH 99°31'35" WEST ALONG THE SOUTH LINE OF THE NORTHWEST QUARTER (NW 1/4).0F SAID SECTION 9, 57.14 FEET TO THE TRUE POINT OF BEGINNING. Ii) TRACT OF LAND CONTAINS 53.817 ACRES_ . Attached to and made a part of a Deed of Trust dated the 8th day of September,, 1976, wherein MAX C. NcM]I.T.,AN and BARBARA A. MclaIL N, husband and wife, AND JANET R. S ►Ala a single person, are the parties of the first part —AND— 1 T'ROPCLITAN STATE BANK is the party,of the second part. WATER SUPPLY INFORMATION SUMMARY Section 30.28.133,(d), C.R.S. requires that the applicant submit to the County,"Adequate evidence that a water supply that is sufficient in terms of quantity, quality and dependability will be available to ensure an adequate supply of water 1. NAME OF DEVELOPMENT ✓f AS PROPOSED f�-5Gc✓"" L7ei.(6\ ..44C • f {4n 52 . Acre_ R 2. LAND USE ACTION R eL / Cied. C.74.&,---, p74/0r) 3. NAME OF EXISTING PARCEL AS RECORDED SUBDIVISION 1/4 FILING 4/4 BLOCK 4,/ .4 LOT 4/ 4. TOTAL ACREAGE 5≥ -5 5. NUMBER OF LOTS PROPOSED 2, PLAT MAP ENCLOSED L3.‘ B. PARCEL HISTORY - Please attach copies of deeds, plats or other evidence or documentation. A. Was parcel recorded with county prior to June 1, 1972? VI; ❑ NO �- B. Has the parcel aver been part of a division of land action since June 1, 1972? 0 YES LINO If yes, describe the previous action 7. LOCATION OF PARCEL - Include a map deliniating the project area and tie to a section corner. 6 114 OF IV 114 SECTION C TOWNSHIP 0 l n "N ❑ S RANGE C7 ❑ E 1, W , PRINCIPAL MERIDIAN: O 6TH O N.M. O UTE O COSTILLA . 6/s) 8. PLAT - Location of all wells on property must be plotted and permit numbers provided. r//4 -- Surveyors plat O Yes O No If not, scaled hand drawn sketch O Yes 0 No 9. ESTIMATED WATER REQUIREMENTS • Gallons per Day or Acre Feet per Year 5 HOUSEHOLD USE # 1 of units % 5 GPO AF 10. WATER SUPPLY SOURCE 0 EXISTING 0 DEVELOPED WELLS SPRING WELL PERMIT NUMBERS f C �'l ' El NEW WELLS - PROPOSED AOUFETS • (CHECK ONE ❑ ALLUVIAL ❑ UPPER ARAPAHO£ ❑ UPPER DAWSON JOWEIo ARAPAHOE 0 LOWER OAWSON ❑ LARAMIE FOX HILLS ,j'f' COMMERCIAL USE # of S.F. GPO AF ,/ 0 DENYER O DAKOTA .,, IRRIGATION # ,.e' of acres GPO AF ❑ OTHER El MUNICIPAL STOCK WATERING # .9 oesf head GPD AF OTHER 4,lnd 5'4,,,:y e_ .. GPO AF 0 ASSOCIATION O COMPANY WATER COURT DECREE CASE NO.'S "2.&,. Ooc7 5") Fl-,- TOTAL GPO AF O DISTRICT NAME LETTER OF COMMITMENT FOR SERVICE O YES 0 NO 11. ENGINEER'S WATER SUPPLY REPORT O YES A NO IF YES, PLEASE FORWARD WITH THIS FORM. (This may ha required before um review is completed.' 12. TYPE OF SEWAGE DISPOSAL SYSTEM it 5a771,fL fl 4C-4, '©r, I TANK/LEACH FIELD ❑'CENTRAL SYSTEM • DISTRICT NAME ,SEPTIC El LAGOON O VAULT - LOCATION SEWAGE HAULED TO 11 ENGINEERED SYSTEM (Attach a copy of engineering designk O OTHER 2/20/2018 Clarification of Ion -Drib wcll - misijaconstraction@gmail.com - Gmail More Clarification of Non-Trib well Inbox x Starred Sent Mail Drafts (18) [Gmail] AMMC Barb McMillan Cheapo Daniel Florida • Steven No Hangouts contacts Find someone Steven White Debra, I hope you had a nice long weekend :) Regarding the option of NT well... Gonzales - DNR, Debra to me Good morning Steven, yes one well each for the same uses on a 25 -acre parcel. So each well will get I think I s, Lower Arapahoe aquifer, which is about 400' in depth. So, if they did a County Exemption, split the property doti able to get maybe 2 dwellings, 40,000 sf of lawn and garden, eight large non-commercial domestic animals. This, of course, is a guess with the amount of water available under the property. But the numbers will be very c Debra Gonzales Engineering Physical Science Tech I Division of Water Resources COLORADO DiVisicno Wati:: R P.Spl] Pc_S P 303.808.3581 x 8247 1313 Sherman St., Suite 821, Denver. CO 80203 Debre.Gorizales.Astate.co.us I www.water.state.co.us Steven White bttps://mail .google.com1mail/u/0, :'tab=wmfinboxl16l.ab54c63d14t28 111 RESIDENTIAL ON -SITE WASTEWATER TREATMENT SYSTEM (OWTS) INSTALLATION PERMIT (New or Repair) NEW OR REPAIR RESIDENTIAL OWTS PERMIT FE ▪ All payments are due at the time of application subm cash, check or credit card • Incomplete applications will not be accepted (Site and soils evaluation, site plan and design document must be included) PARCEL NO.: J 75 C cI h C;C t= i7tr (12 DIGIT NUMBER) LEGAL DESCRIPTION: SECTION 0 TOWNSIHP G { RANGE 6 y ACRES Z5/1 -- SUBDIVISION 4//:4 - INFORMATION CAN BE OBTAINED FROM THE ASSESSOR'S OFFICE AT (970) 353-3845 EXT 3650, OR ON THE COUNTY WEBSITE UNDER PROPERTY INFORMATION. Link to property information: ttto.i/'mw'wwco,weld.o.o,ns/mapsiprepertvinfor -iat ppl LOT BLOCK FILING SITE ADDRESS 0 4 C ) v7 s b u DETAILED DIRECTIONS TO SITE (ATTACH MAP) C PROPERTY OWNER: 1.3,1 bG.'r`l Ale /7, //Itri MAILING ADDRESS: 6 7 95 Cc>ics'c c1v, ref vd- CITY r7+me,rz ( rt y ST CO ZIP e' CO 2 Z HOME PHONE: (j 0.3) 61$ j 3 7 WORK PHONE ( ) FAX ( I FAIL ADDRESS: APPLICANT NAME: MAILING ADDRESS: -3ct Yn CITY ST ZIP HOME PHONE: ( 1 WORK PHONE { ) FAX ( ) EMAIL ADDRESS: PROPOSED USE: IX RESIDENTIAL NUMBER OF PERSONS: Z"3 NUMBER OF BEDROOMS: TYPE OF STRUCTURE (Ex, house, mobile home) 11Gi✓ AUXILIARY BUILDING (Residential use only) TYPE AND NUMBER OF FIXTURES (shower, sinks, toilet): 4 JC 41tD j17Q7 01)5h,� NUMBER OF PERSONS: 2. TYPE OF STRUCTURE (Ex_ personal shop, pool house) 5ilot WATER SOURCE: O PUBLIC WATER SUPPLY (NAME OF SUPPLY) P' INDIVIDUAL WELL (PERMIT /4) yn (.1) O CISTERN (PERMIT ) '"WARNING: Neither Weld County nor any of its affiliates shall be respnnsihle for the use orally information submitted in relation to this OWTS installation pen -nit. It i, the responsibility of the user to determine under what circumstances the information is being applied; and ensure that the circumstances are suitable to the application of the information. Neither Weld County nor its employees are liable for the failure or inadequacy of The onsite ~waste water treatment system. 5 Weld County Treasurer Statement of Taxes Due Account Number R648848(i Parcel 147509000044 Assessed To MC MILLAN BARBARA -112 INT 7521 BRIGHTON BLVD COMMERCE CITY, CO 80022-1545 Legal Description Sims Address 8250 S30A SW4NW4/S30A SE4NW4EXC FEA 9 1 64(.52) Year Tax Interest Fees Payments Balance Tax Charge 2017 $135.30 $fE(X) $0.00 S0.00 5135.30 Total Tax Charge S135.30 Grand Total Due as of 02/20/2018 $13530 Tax Billed at 2017 Rates for Tax Area 2450 2450 Authority W1I1)COUNTY SCHOOL1)LSTRE E CENTRAL COLORADO WATER (CCW HUDSON FIRE. AIMS JUNIOR COLLEGE 1iIGI1 PLAINS LIBRARY faxes Billed 2017 Credit Levy Mill Levy Amount Values Actual Assessed 15,80000()0& 540.12 AG -DRY FARM LAND $8,763 $2,540 20.0530000 550.94 Total $8,301 52.540 1.8111(1000 54.58 6.0390000 $15.34 6.3170000 516.05 3.2560000 58.27 53.2650000 $135.30 ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE LIENHOLDER OR TO ADVERTISING AND DISTRAINT WARRANT FEES. CHANGES MAY OCCUR AND THE TREASURERS OFFICE WILL NEED TO BE CONTACTED PRIOR TO REMITTANCE AFTER THE FOLLOWING DATES: PERSONAL PROPERTY, REAL PROPERTY, AND MOBILE HOMES - AUGUST 1. TAX LIEN SALE REDEMPTION AMOUNTS MUST BE PAID BY CASH OR CASHIERS CHECK. POSTMARKS ARE NOT ACCEPTED ON TAX LIEN SALE REDEMPTION PAYMENTS. PAYMENTS MUST BE IN OUR OFFICE AND PROCESSED BY THE LAST BUSINESS DAY OF THE MONTH. Weld County Treasurer • P_0- Box 458, Greeley, CO 80632. 1400 N. 17th Ave, Greeley, CO 80631 (970) 353-3845 Ext. 3290 Account Balance Sorted by area showing outstanding tax charges (does not show interest or other fees) running over a subset of accounts Account ID Parcel Number Owner Name Year Amount Area - 2450 86488486 147509000004 AIC MILLAN BARBARA -1/2 INT Total Due $135.30 2017 $135.30 Total balance due for I accounts in year 2017: $135.30 Total balance due for 1 accounts over all years: $135.30 <publicwebuser> @ Feb 20, 2018 10:07:59 AM Weld Page 1 of 1 February 28, 2018 DEPARTMENT OF PLANNING SERVICES 1555 N 17th AVE GREELEY, CO 80631 WEBSITE: www.co.weld.co.us E-MAIL: mhall@weldgov.com PHONE: (970) 353-6100, Ext. 3528 FAX: (970) 304-6498 STEVE WHITE MISIJA CONSTRUCTION 6700 W 37TH STREET ROAD GREELEY, CO 80634 Subject: RECX18-0025 - TWO LOT RECORDED EXEMPTION (DENIAL) On parcel(s) of land described as: 8250 S30A SW4NW4/S30A SE4NW4 EXC E8A SECTION 9 T1 N R64W (.5R) 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: Hudson at Phone Number 303-536-9311 Keenesburg at Phone Number 303-732-4281 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. Respepfully, Planner Submit by Email Weld County Referral February 28, 2018 The Weld County Department of Planning Services has received the following item for review: Applicant: BARBARA MCMILLAN & JANET SWANK Case Number: RECX18-0025 Please Reply By: March 28, 2018 Planner: Michael Hall Project: TWO LOT RECORDED EXEMPTION (DENIAL) Location: EAST AND ADJACENT TO COUNTY ROAD 53; APPROXIMATELY 0.3 MILES SOUTH OF HIGHWAY 52 Parcel Number: 147509000004-R6488486 Legal: 8250 S30ASW4NW41S30ASE4NW4 EXC E8A SECTION 9 T1N R64W (.5R) 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: r We have reviewed the request and find no conflicts with our interests. See attached letter. Signature Agency Date Weld County Planning Dept. 1555 N 17th Ave, Greeley, CO. 80631 (970) 353-6100 ext,3540 (970) 304-6498 fax Submit by Email Weld County Referral February 28, 2018 The Weld County Department of Planning Services has received the following item for review: Applicant: BARBARA MCMILLAN & JANET SWANK Case Number: RECX18-0025 Please Reply By: March 28, 2018 Planner: Michael Hall Project: TWO LOT RECORDED EXEMPTION (DENIAL) Location: EAST AND ADJACENT TO COUNTY ROAD 53; APPROXIMATELY 0.3 MILES SOUTH OF HIGHWAY 52 Parcel Number: 147509000004-R6488486 Legal: 8250 S30ASW4NW41S30ASE4NW4 EXC E8A SECTION 9 T1N R64W (.5R) 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: F We have reviewed the request and find no conflicts with our interests. See attached letter. Signature Agency BPascoe Zoning Compliance Date 02/28/2018 Weld County Planning Dept. 1555 N 17th Ave, Greeley, CO. 80631 (970) 353-6100 ext,3540 (970) 304-6498 fax Submit by Email Weld County Referral February 28, 2018 The Weld County Department of Planning Services has received the following item for review: Applicant: BARBARA MCMILLAN & JANET SWANK Case Number: RECX18-0025 Please Reply By: March 28, 2018 Planner: Michael Hall Project: TWO LOT RECORDED EXEMPTION (DENIAL) Location: EAST AND ADJACENT TO COUNTY ROAD 53; APPROXIMATELY 0.3 MILES SOUTH OF HIGHWAY 52 Parcel Number: 147509000004-R6488486 Legal: 8250 S30A SW4NW4/S30A SE4NW4 EXC ESA SECTION 9 T1 N R64W (.5R) 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. Q See attached letter. Signature Agency Date l4r 1 Weld County Planning Dept 1555 N 17th Ave, Greeley, CO 80631 (970) 353-6100 ext.3540 (970) 304-6498 fax Submit by Email Weld County Referral February 28, 2018 The Weld County Department of Planning Services has received the following item for review: Applicant: BARBARA MCMILLAN & JANET SWANK Please Reply By: March 28, 2018 Project: TWO LOT RECORDED EXEMPTION (DENIAL) Case Number: RECX18-0025 Planner: Michael Hall Location: EAST AND ADJACENT TO COUNTY ROAD 53; APPROXIMATELY 0.3 MILES SOUTH OF HIGHWAY 52 Parcel Number: 147509000004-R6488486 Legal: 8250 530A SW4NW4/S30A SE4NW4 EXC E8A SECTION 9 Ti N R64W (.5R) 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. O We have reviewed the request and find that it does / does not comply with our Comprehensive Plan because: E We have reviewed the request and find no conflicts with our interests. CI See attached letter. Signature Agency Chris Mettenbrink Colorado Parks and Wildlife Date 3/5/2018 MEMORANDUM TO: Michael Hall, Planning Services DATE: March 28, 2018 FROM: Evan Pinkham, Public Works SUBJECT: RECX18-0025 Mc Milian 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): 147509000004 The project proposes to: TWO LOT RECORDED EXEMPTION (DENIAL) ROADS AND RIGHT-OF-WAY: County Road 53 is a paved road and is designated on the Weld County Functional Classification Map (Code Ordinance 2017-01) as a(n) local road, which requires 60 feet of right-of-way. The applicant shall delineate on the site map or plat the future and existing right-of-way and the physical location of the road. If the right- of-way cannot be verified it shall be dedicated. Pursuant to the definition of setback in the Weld County Code, Chapter 23, Article III, Section 23-3-50, the required setback is measured from the future right-of- way line. Be aware that physical roadways may not be centered in the right-of-way. This road is maintained by Weld County. Per Chapter 12, Article IV, Section 12-4-30.B A Weld County Right -of -Way Use Permit is required. For any project that will be occupying, constructing or excavating facilities within, and or encroaching upon, any County rights -of -way or easement. Right -of -Way Use Permit instructions and application can be found at https:/1www.weldgov corn/departments/public works/permits/. Weld County will not replace overlapping easements located within existing right-of-way or pay to relocate existing utilities within the County right-of-way. ACCESS: An Access Permit application was not submitted with the application materials. Public Works has reviewed the submitted materials and provides a recommendation for access locations based on County code and safety criteria in accordance with the Weld County Engineering and Construction Criteria. The proposed new access point on CR 53 near the south-western corner of the property does not meet the code requirements for a recorded exemption. The existing northern access point shall be closed and relocated to the shared property line for shared use by Lots A & B or an easement will be required for shared use from the northern point to the southern lot. Questions concerning access requirements can be directed to Public Works access permit division. Per Chapter 12, Article V, Section 12-5-30.B: At the time building permits are needed an Access Permit is required. For new accesses and/or change of use of an existing access, the fee and photos are required (Access permit instructions and application can be found at https://www.weldgov comldepartmentslpublic works/permits/.) Chapter 6, Sections 6.3, 6.4 and 6.5 of the Weld County Engineering and Construction Criteria, offer access design guidance. (This document can be found at https://www.weldgov com/UserFiles/Servers/Server 6/File/Departments/Publie/020Works/Enqineering/W CECC%20Manual pdf). Existing access points with change of use or new access points may or may not be granted. Questions pertaining to access permits or access design shall be directed to the Public Works Department. For shared accesses (Weld County Code Appendix 12A.3.5), Public Works strongly recommends the property owner establish an access road maintenance agreement so future owners of the properties will be aware of their requirements for shared maintenance of the access road. This is not a requirement for the recorded exemption but is recommended to avoid property owner conflicts in the future. Per Chapter 12, Appendix 12A.4.1 of the Weld County Code, an access approach that is gated shall be designed so that the longest vehicle (including trailers) using the access can completely clear the traveled way when the gate is closed. In no event shall the distance from the gate to the edge of the traveled surface be less than 35 feet. The applicant shall submit a recorded copy of any agreement signed by all of the owners of the property crossed by the access. The access shall be for ingress and egress and shall be referenced on the plat by the Weld County Clerk and Recorders Reception number. (Department of Public Works) Per Chapter 12, Article V, Section 12-5-30.F, when feasible, there shall be no net increase in the number of accesses to a public road. Contact Public Works to discuss your access. CONDITIONS OF APPROVAL: A. The plat shall be amended to delineate the following: 1. County Road 53 is a paved road and is designated on the Weld County Functional Classification Map (Code Ordinance 2017-01) as a local road, which requires 60 feet of right-of-way at full buildout. The applicant shall verify and delineate on the plat the existing right-of-way and the documents creating the existing right-of-way. If the existing right-of- way cannot be verified it shall be dedicated. The applicant shall also delineate the physical location of the roadway. Pursuant to the definition of setback in the Weld County Code, Chapter 23, Article III, Section 23-3-50, the required setback is measured from the future right-of-way line. This road is maintained by Weld County. (Department of Public Works) 2. Show and label the preliminarily approved access point(s) and the usage types as described in the PW 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. 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) 4. 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) 5. 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) 6. The historical flow patterns and runoff amounts will be maintained on the site. (Department of Public Works) •.''�.�86i �u r1 couNTY WELD COUNTY DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT 1555 North 17th Avenue, Greeley, CO 80631 www,weldhealth,org Memorandum To: Michael Hall, WC Planning From: Katie Sall, Environmental Health Services Date: March 20, 2018 Re: RECX78-0025 Applicant: Swank & McMillan Environmental Health Services has reviewed this proposal to exempt one lot from a 52.5 acre parcel. Proposed lot A will consist of 26.25 acres and proposed lot B will consist of 26.25 acres. Both lots are currently vacant. Both lots will be serviced by proposed new wells and by proposed on -site wastewater treatment systems as applicable. The applicant is proposing lot A as residential and lot B as Ag. The Environmental Health Services Division recommends the following: Prior to construction: 1. If buildings requiring water and sewer are to be constructed, a Weld County Septic Permit is required for both proposed lots septic systems and shall be installed according to the Weld County On -site Wastewater Treatment System Regulations. The following should be included as notes on the plat: 1. The owner should be aware that while they may be able to obtain a well permit from the Office of the State Engineer, Division of Water Resources, the quantity of water available for usage may be limited to specific uses, i.e. domestic use only, etc. Also, the owner should be made aware that groundwater may not meet all drinking water standards as defined by the Colorado Department of Public Health and Environment. We strongly encourage the owner to test their drinking water prior to consumption and periodically test it over time. Health Administration Vital Records Icic: W/0 304 6410 Fax: 9/0-30.1-64I2 Public Health & Clinical Services lobo: 9/0 :304 6420 Fax: 9,10-304-64I6 Environmental Health Services Tele: 970-304-6415 Fux: 970-304-6411 Communication, Education & Planning Tele: 970-304-6470 Fox: 970-304-5452 Emergency Preparedness & Response Tele: 970-304-6470 Fax: 970-304-6462 Public Health Weld County Sch.• ■' :e -3J BELIEVE ACHIEVE, SUCCEED District Administration Office 99 West Broadway, P.O. Box 269 Keenesburg, CO 80643 Phone: 303-536-2000 Fax: 303-536-2010 www.re3j.com Please contact IAsa, at Weld County School District Re -3.l, at 303-536-2003 ii' you should have questions regarding scheduling paymen of the Recorded Exemption Fee. April 10, 2018 Weld County Department of Planning Services 918 10' Street Greeley, CO 80631 Case Number: RECX18-0025 (McMillan, Barbara & Janet Swank, c/o Steve White) Dear Planning Department Official: This project provides for a recorded exemption within the rural area of Weld County School District Re - 3J. Although recorded exemptions, individually, represent a small increment of the total housing stock, the cumulative effect of several such approvals is exerting a considerable negative effect upon the school district's ability to provide adequate educational opportunities for the resulting students. Additionally, the substantial separation of these units from other more densely populated areas increases school transportation costs, further eroding the amount of funds that can be applied in the classroom toward educating the students. The school district's Board of Education is opposed to approval of additional new housing without adequate mitigation of land costs. However, in the event that the County Commissioners decide to approve this application, Weld County School District Re -3J respectfully requests that these exemptions be required to mitigate the costs of providing land for school sites as explained below. Site Issues Based upon the district's school capacities and site size standards, the proposed exemption would generate the need for less than one acre of land; the cash equivalent would approximate $1,232.00 per single-family housing unit. If approved, it is requested that this amount be paid to the school district as cash -in -lieu of land dedication for each new unit allowed. Recommendations The Board of Education remains very concerned about the recent trend toward accelerated residential activity throughout the district and the ensuing enrollment that will follow, as well as the district's physical and financial ability to serve that growth. Approval of additional residential development without a ready and identified means of providing appropriate infrastructure would not demonstrate good stewardship of the public trust. As stated before, cash -in -lieu of land of $1,232.00 is requested for each single-family housing unit. Therefore, the total due to Weld County School District RE -3J is $1,232.00. Without such mitigation, the district will recommend that the application be denied. Greg Rabenhorst Superintendent of Schools Weld County School District Re -3J COLORADO Division of Water Resources =:epa i er2t of Natural Resources March 1, 2018 Michael Hall Weld County Department of Building and Planning Services Transmitted via email: mhall@weldgov.com RE: McMillan Recorded Exemption Case no. RECX18-OO25 Portion of the NW 1/4 of Sec. 9, T1 N, R64W, 6th P.M. Water Division 1, Water District 1 Dear Mr. Hall, John W. Hickenlooper Governor Robert Randall Executive Director Kevin G. Rein, P.E. Director/State Engineer We have received your February 28, 2018 referral concerning the above -referenced land use application to divide by exemption 52.5 acres, into two lots. This referral does not appear to qualify as a "subdivision" as defined in Section 30-28-101(10)(a), C.R.S. Therefore, pursuant to the State Engineer's March 4, 2005 and March 11, 2011 memorandums to county planning directors, this office will only perform a cursory review of the referral information and provide informal comments. The comments do not address the adequacy of the water supply plan for this project or the ability of the water supply plan to satisfy any County regulations or requirements. In addition, the comments provided herein cannot be used to guarantee a viable water supply plan or infrastructure, the issuance of a well permit, or physical availability of water. The applicant is proposing to create by exemption two lots of approximately 26.25 acres (Lot A) and 26.25 acres (Lot B). The proposed water supply for each lot is a proposed individual on -lot well. Sewage disposal for the lots will be septic systems. The ability of the applicant to obtain well permits on proposed lots A and B will be determined at the time well permit applications are submitted to, and reviewed by, this office. If you, or the applicant, have any questions please contact me at 303-866-3581 x8265. Sincerely, JA Joanna Williams, P.E. Water Resource Engineer Cc: subdivision file - 24181 Office of the State Engineer 1313 Sherman Street, Room 821, Denver, CO 80203 P 303.866.3581 www.water.state. co. us North 52.50 Acres Farb r 4.O6CR33 Keenesburg CO. 50643 Lot 26.1' Acres Existing Access FriF:::.ra nest t'r?t i f LotA 26.0° Acres New CCe ss CR 53 CERTIFICATE OF CONVEYANCES STATE OF COLORADO COUNTY OF WELD WELD COUNTY DEPARTMENT OF PLANNING SERVICES The UNIFIED TITLE COMPANY OF NORTHERN COLORADO hereby certifies that it has made a careful search of its records, and finds the following conveyances affecting the real estate described herein since August 30, 1972, and the most recent deed recorded prior to August 30, 1972. LEGAL DESCRIPTION: The South Three Fourths of the Southwest Quarter of the Northwest Quarter (S3/4 SVV1/4 NW1/4) and the South Three Fourths of the West Three Fourths of the Southeast Quarter of the Northwest Quarter (83/4 W3/4 SE1/4 NW1/4) of Section 9, Township One North., Range 64 West of the Sixth Principal Meridian, Weld County, Colorado and being more particularly described as follows: Beginning at the West One Quarter Corner of said Section 9 and considering the West line of said Section 9 to bear North 01°25'44" East and with all other bearings contained herein being relative thereto: Thence North 01° 25' 44," East along the West line of said Section 9, 990.82 feet; Thence South 88°52'59" East, 2340.23 feet; Thence South 00° 27'47" West 1005.53 feet to a point on the South line of the Northwest Quarter (NW1/4) of said Section 9; Thence North 88°31'36" West along the South line of the Northwest Quarter (NW1/4) of said Section 9, 2357.14 feet to the True Point of Beginning, County of Weld, State of Colorado. CONVEYANCES (if none appear, so state): Reception No. 3500426 Reception No. 1698594 Reception No. 1698593 Reception No. 1276198 Book Book 777 Book 777 Book 1500 Page 584 The certificate is made for the use and benefit of the Department of Planning Services of Weld County, Colorado. This certificate is not to be constructed as an Abstract of Title nor an opinion of Title, nor a guarantee Title and the liability of UNIFIED TITLE COMPANY OF NORTHERN COLORADO, is hereby limited to the fee paid for this Certificate. In Witness whereof, UNIFIED TITLE COMPANY OF NORTHERN COLORADO, has caused this certificate to be signed by its proper officer this 9th day of February, 2018, at 5:00 p.m. Company: UNIFIED TITLE COMPANY OF NORTHERN COLORADO By: ,--- L. Authorized Signature 1275 58th Avenue Unit C Greeley, CO 80634 PAfi` 970.356.3551 I lff ll lllll IIIIII IIIIII IIII Ill I IIIIII lI 11111 III IIII STATE OF COLORADO 3500423 08/29/2007 09:29A Weld County, CO 1 of 2 R 11.80 a 0.00 Steve Moreno Clerk & Recorder 426 QUITCLAIM DEED THIS DEED, made This 16 day of August betweenMax C, McMillan & Barbara McMillan of the Colorado , 20 07 *County of Adams and State of grantor, and Barbara McMillan whose legal address is 6795 Colorado Blvd. Commerce City, Colorado 80022 of the County of Adams andStateof Colorado WITNESS, that the grantor, for and in consideration of the sum of One Dollar and no 00 , grantees: DOLLARS, the receipt and sufficiency of which is hereby acknowledged, has reprised, released. sold and QUITCLAIMED, and by these presents does remise, release, sell and QUITCLAIM unto the grantees, their heirs, successors and assigns forever, not in tenancy in common but in joint tenancy, all the right, title, interest, claim and demand which the grantor has in and to the real property, together with improvements, if any, situate. lying and being in the County of We ld and State of Colorado, described as follows: :LEGAL ATTACHED also known by street and number as: assessor's schedule or parcel number: TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging, or in anywise tbereunto appertaining, and all the estate, right, title, interest and claim whatsoever of the grantor, either in law ur equity, to the only proper use, benefit and behoof of the grantees, their heirs and assigns forever. The singular [umber shall include the plural, the plural the singular, and the use of any gender shall be applicable to oil. genders. IN WITNESS WHEREOF, the grantor h executed this deed on the date set forth above. 0 a C. McMillan Barbara McMillan County of The foregoing instrument was acknowledged before true this ,2 7'- day of .mss C?OutJ 7 , by ii-fc; Witness my hand and official seal. My commission expires: 6 . / ? - ,,Z /a otwy Public reas of Person Creating Newly Created Legal Description ($ 39-3S-106.5, C.R,S.) L largo Eigple�s No. 962. Rev. 4-94, QUITCLAIM DEED (to Toini Tenants) Bradford Publishing. 1743 Wax_e St., Desvcr, CO 802112 — (303) 292-2501)— www.hradfordpuhlislung.co:n — [0-04 777. I Illiii a 500426 ON/29/2007 1llIllil VIII Weldlli 2 of 2 R 11.00 0 0.00 Steve Moreno Clerk & Recorder 1698593 I.CGAL Drseltl':'TIOH THE SOUTH TNA4E rOURIHS OF THE SOUTIrwE5T OI)ARTF.R or IFnUTHEASTEQUARTERTOF THE3NORTHWEST QUARTER (S 3/4E SOUTH THREE f IRTI1 OF THE WEST THREE FOUirTH� P! fH[ $RANGE &4 WEST OF THE SIXTH PRINCIPAL MERIDIAN, WELD COUNTY, CDLORA00 AND BEING OF TWORE ION 9PARTICllLAfLY"WcRIFED AS FOLLOWS: BEGINNING AT'1'HE WEST ONE QUARTER COPIER nF SAID SECTION 9 ANO CONSIDERING THE WEST LINE OF SAID SECiIDN 9 TO BEAR NDRTN'OI°2S'44 " EAST AND WITH ALL DIRER BEARINGS CONTAINED HEREIN BEING RELATIVE THERETO: THENCE NORTH 0I°25'44"' EAST ALONG THE WEST LINE OF SAID SECTION'9, 990,02 FEET; THENCE SOUTH 11B°52'59" EAST, 234a.23 FEET;'• THENCE SOUTH 00°2J'47" WEST, IC45.5, FEET TO A POINT ON THE SOUTH LINE OF THE NORTHWEST QUARTER (NW I/4) OF SAID SECTION B; THENCE NORTH R331'35" WEST ALONG THE SOUTH LINE OF THE NORTHWEST QUARTER (NW I/4) OF SAID SECTION 9, 2357.14 FEET TO THE TRUE POINT OF 8ESINHING. SAID TRACT OF LAND COHTAIw4:"53.$iJ.ACRES- SURVEYOR'S CERTIFICATE I DO HEREBY CERTIFY THAT, UNDER MY PERSONAL SUPERVISION, THIS FLAT AND .LEGAL DESCRIPTION WERE PREPARED AND THAT. THE CORNER MONUMENTS INDICATED HEREON WERE PROPERLY eLAEED.,DURiNG AN ACTUAL ANC ACCURATE SURVEY OF THE LAND COMPLETED ON MAT 21, 1878. • THIS WHETHERRVEY DOES RECORDED ORTUNRECORDED, ANOEPORT I T ISOR NDT AHION REPORTQORN THE OPINIONTUPON ANYEMATTERSSOFRTITLE. DF BAY. c . ROBERT. A SHORT. RE$ISTERED LAND SURVEYOR COLORADO REGISTRATJON.NUMBER 1247 ' rr boost 727 Rycorded at IV 1Uc. Na. AA�.�«..--..9a ....--....... Mary Mn ILwnfeln, RxcrdM lliaW oaock...LMSW P 93976 43-I No. 449. Al^f.lilr,,,fi. EewHr?,. W.•N1.�"h er p,.e,nMr, b.N. —s,.arer+ PolMA ! ew, 1111.41 Last atm& se.,«, ow.wr THIS INDENTURE, Made this 9th ...............day of.._...Se2tembe ,--...,......, 19.76..-, between LELAND S. HUTTNER ,as EPCUTPR aa............................................. ............................ ...-....,._... ..,..., . of the Estate of. GEORGE J. TURECEK partY...... of the first part, and .. kJax..C....and..Hlaxbera..2icldilian..anti,.l,f.2..to...lfan+ex&urank.r .....__...�.�4.Q._,Sasx�..1v�._1R�ci.Y�...A,�nu�r.,-_..CmJ.strnda�.8A221, • of the.......citY•........Couaty ,and State of - Colorado e partJ:i<a......of the second part, Witnesseth that WHEREAS, in the .D.is.triOCourt of the ..............: Coun14/ of Weld , in the day af. ......... ..._. ..., 19........, in the matter of r+ State of Colorado, on the _...._.................. rf, George J Turecek_.....�,.._.................._.... O theestate 8f...........................�.........:......._............._._.............•.r..,.........-.--....... .................................. an order authorizing and directing sale of the Real Estate hereinafter described was made and entered of record.. ti ' Pam2nd......... ..........._ ... a. said sale for the day s/11dD WHEREAS, The 192E_, sell at...)alxhi.1G.:� ..�.._�....�..•..g_•-�._r part total sum of.. 'i`W.e at3C.. averk..S.tutusiin..d.. ...litincited-_L'ighk,Y-..E.Lits..and22/.1 , to the part...- g...... -of the second part, the hereinafter described real estate pursuant to and in full compliance with said order of the Court. April AND WHEREAS, On the 23zd.............__day of 76 ,19...._ , the said part —..y. —of the first parh said estate as aforesaid, submitted to the said Court, a report of such sale so made as aforesaid; AND Tom, en order confirming the said sale of Real Estate was made and entered of record, which order is in words and figures as follows, to wit:" IN THE DISTRICT COURT IN AND FOR THE COUNTY or WELDS STATE OF COLORADO No. P-13020 IN THE HATTER OF THE ESTATE OF) i ORDER CONFIRMING GEORGE J. TURECEK ) SALE OF REAL ESTATE This matter coming on to be heard this day upon the report of the sale at,Eublic sale by Leland s. Huttner, the Executor, of the above entitled estate, to Max C. and Barbara McMillan and 1/2 to Janet Swank, of the following described real estate, located in the County of Weld, State of Colorado: See Attached Legal. for $27,295.22 cash, and it appearing to the Court and the Court finds that said sale was legally made and fairly conducted; tha` the sum bid was not disproportionate to the value of the property sold, and was not lessthan'the appraised value: IT IS ORDERED, that said report and -sale are confirmed and that the personal representantive execute a conveyance of the premises sold and described on said report, and herein, to the said purchaser thereof. Done and signed in open Court this 47 , day o i1,� 97E. By o Court: • 1698594 sooK I;7 NOW THEREFORE, This Indenture Witnesseth, That the said part..Y of the first part, in ,Epnsideration of the premises, and the further consideration of the wild sum of ........ T.HiantY...6#4YOxl..Tk1Q.U0.41114...Z19..,11 ll ire.... igl}ty. Five and 22/100 --Toilers, 4 .±15 in hand paid by the said part ie$f the second part, the receipt of which le hereby ltnowledged, ha....e. ..... sold and conveyed, and by these presents do..ieeeli and convey unto the said part........of the second part, ....h ia....heirs and assigns, all the right, title; interest and estate of the said George J. Turecek as if sold or conveyed by h im *during h..ig...lifetime *after arriving at h.,.s......rnajorlty, *at a time when .._......he was mentally competent, in and to the following described real estate, situate, lying and being in the County of weld and State of Colorado, to -wit: See attached Legal (Same as for Order Confirming sale of Real Estate) ' TO HAVE AND TO HOLD THE SAME, with all, the appurtenances thereunto belonging, or in anywise appertaining, to the proper use, benefit and behoof of the said rt. ! ..of the second part, .his heirs and assigns forever IN WITNESS WHEREOF, The said part Y. of the first part, as.. sM,C.1Ai*Ql= of said estate, au aforesaid, ha. hereunto set ..h:: hand and seal........ the day and year first horeinabove written. *Erase neccrding to fact. D S. H As the Executor GEDRGE 3. THRECEK (SEAL) (SEAL) of the Estate of Mary if; Connell aioreeatd, do hereby certify the wltldn snc foregoing to be trwr yerlect and complete copy of Order Confirming Salo to the matter of the Estate ei. . CEQRGE ;7 TURECEEK 1N WITNESS WHEREOF, I have hereunto vet my heed iced iWxed the seal of mad Court - !' pp((,. rr ~1 Vim. .:.Oac'eR •. • r, Toot EP Raofd.d at ...�.. o'clock ,..,r1. S :...,,,,,, 91976 ihc. l34 �ig85 a miry Ann Fwarsnslr4 Recorder a-1 IN THE DISTRICT COURT IN AND FOR THE COUNTY OF WELD STATE OF COLORADO No. P-13020 IN THE MATTER OF THE ESTATE OF ) ORDER CONFIRMING ) SALE OP REAL ESTATE This matter coming on to beheard this day upon the report of the sale at Public sale by Leland S.•liuttner , the Executor ofthe above entitled estate, to Max C. and Barbara McMillan and 1/2 to Janet Swank, 6840 Santa Fe Drive Delver, Colorado 80221 of the following described real estate, located in the County of Weld, State of Colorado: GEORGE J. T[JRECEK 'See:Attached Legal • 4 for :$ 27.285.2Z cash, and it appearing to the Court and the Court finds:.that said sale was legally made and fairly conducted; that the sum bid was not disproportionee to the value of the property sold, and was not less than the appraised value: IT IS ORDERED, that said report and sale are confirmed and that the personal representative execute a conveyance of the premises. sold and described on said report, and herein, to the said purchaser thereof. Done and -signed in open Court this ( day o 976. By Ile Court: Judge, Donald Carpe • s7 I I VAT. 1698593 • TA $OU1SRtim fHIpFrIlmmrIIIffiIHU11015101 THE 5AUFIr:Pf'S1 tlrIMIIIft Pf I50IHEASTEDUARTF,RMITER OF TIE3NORTHWEST QUARTER ES4Tilt 3/4 . Our WEST 111NL1 Irlln+lri, in iI:1 IinHGE G4 WEST OF THE SIXTH PRINCIPAL MERIDIAN, WELD W' 3/4 sr I';oNKifri) OF SECTIOFI 0, IOeir,rilp ril �r�li[U AS FOLLOWS: COUNTY, COLORADO ANU BE INo lot lair ,rllAillf ui ' DERINNINfl AT THE WEST DNE IIIJAFITFN Cpr.�lFV nr !,AJU SECTION 0 Ana CONSIDERING THE WEST LINE OF SAID SECTIOR 9 TO HEAR NORIO OI'25'44" EA;T ANU klIli ALL urrIER OEAHING1 CONTAINED HEREIN TIEING RELATIVE THERETO: THENCE NORTH OI'25'44" ?AST ALONG ►HC 051 LINE Of SAID SECTION 0, 990,07 FEET; THENCE SOUTH 99"92'59" EAST, 2340.73 FEET: THENCE SOUTH 00'27'47" WEST, ipp9.53 fEET TO A POINT OH THE SOUTH LINE OF THE NORTHWEST QUARTER (NM I/A) OF SAID SECTION 9; THENCE NORTH 08'31'36" }DST ALOKO THE SOUTH LINE OF THE NORTHWEST QUARTER (NW 1/4) OF SAID SECTION 9, 2357.14 FEET TO THE TRUE POINT of DERINEIHO. SAID TRACT OF LAND CONTAIF5 51.01! ACRES, SURVEYOR'S CERTIFICATE 100 HEREBY CERTIFY TWAT. UNDER MY PERSONAL SUPERVISION, THIS PLAT AND LEGAL DESCRIPTION WERE PREPARED AND THAT THE CORNER MONUMENTS INDICATED HEREON WERE PROPERLY PLACED DURING AN ACTUAL ANC'ACCURATE SURVEY DFTNE LAND COMPLETED UN MAY 27, IOTA, THIS SURVEY ODES EDT CONSTITUTE A REPORT OR OPINION UPON THE EXISTENCE OF EASEMENTS OR'RIGHTS-OF-WAY, WHETHER RECORDED DA UNRECORDED, ANC IT IS NOT A REPORT OR OPINION UPON ANY MATTERS OF TITLE. ROBERT A SHORT, REGISTERED LAND SURVEYOR COLORADO REGISTRATION NUMBER 7242 r1'.'IS�RI+c 5 Twe �w {.TT7�' �7,��}y �.�.:..-. y,.....:... •',r.s,:s+...IAMrWs,;w,,.ryG.,-„�_- r Recorded at..o'clockM. i PR15t ? Reception No V/4"74(;1..1.N `➢ 1 riiii 'SPo;,'dR Recorder. THIS DEED, Made this 3rd '. day e April in the year of our Lord one thousand nine hundred and fifty-eight • betweenFrances Katharine Hubbs; Francis Willard Hubbs; Elaine Rosamond Goldberg and Lucille Elizabeth T4rrecek of the of Colorado, of the first part, and George J. Turecek of the County of Weld and State of Colorado, of the second part: County of . Weld and State WITNESSETH, That the said part lee of the first part, for and in consideration of the sum of Ten dollars and other valuable considerations DOLLARS, to the said part ies of the first part in hand paid by the said part y of the second part, the receipt whereof is hereby confessed and adknowledged,'ha ve granted, bargained, sold and conveyed, and by these presents do grant, bargain, sell, convey and confirm, unto the said part y of the second part, hie heirs and assigns forever, all the following described lot 5 or parcel 5 of land, situate, lying and being in the County of Weld and State of Colorado, to -wit; The South half of. the Southeast quarter (SSE-; and. the South half of the North- west quarter of the Southeast quarter (Sah'f SEn) of Section [fine (9) in Township One (1) North, Range Sixty—four (61t) 'direst of the Sixth Principal T'eridian; and The South three quarters of the Southwest quarter of the I'Iorthu'est quarter (SS!'.'h,RT ); and the lest three quarters of -the South half of the Southeast quarter of the Northwest quarter (ViiSaSE i}l'.'c), and the 'Pest three quarters of the South half of the North half of the Southeast quarter cf the North— west quarter (-Ve S:4 i'sSFN ); all of Section dine (9) in Township One (1) North, Range Sixty. -.four (6!I) Test of the Sixth Principal i.ier'c_an; Subject to patent reservations and established rights of •a- for roads, ditches laterals cud the Henrylyn Canal; and. except all oil, coal and other minerals and rights of in connection therewith as reserved by the deed from the Union Pacif Railroad Company recorded in Book 233 on page 171 of said county records; and subject to assessment on account of Southeast Weld Soil Conservation District, and the Southeast Weld Fire Protection District and the South Platte 'dater Conservancy District; Subject to taxes for 1956 which the party of the second part agrees to pay. TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right, title, interest, claim and demand whatsoever of the said pert lee of the first part, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. No. 463. WARRANTY DECO —For Phoisgraphie Record. —The Bzadfonf-Rohis'on Pkg. Co., BI[re. Robinson's L^pal Blanks. Denver., BOOK1460 PAGE685 55 ' 'TO HAVE AND TO HOLD the 'said premises above bargained and described, with the appurtenances, unto the said part Y': of the second part, his heirs and assigns forever. And the said part ieS of the first part, 'for • themse)s tha`_r ' heirs, executors, and administrators, do. covenant, grant, bargain and agree to and with the said part y of the second part, his heirs and assigns, that at the time of the enscaling and delivery of these presents, they are well seized of the premises above conveyed, as of good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and ha Ve 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 and encumbrances of whatever kind or nature. soever, end the above bargained premises lot the quiet and peaceable possession of the said part y of the second part, his heirs and assigns against ail and every person or persons lawfully claiming or to claim the whole or any part thereof, the said part iep of the first part shall and will WARRANT AND FOREVER DEFEND. IN WITNESS WHEREOF, the said part ies of the first part ha ye hereunto settheir hands and seal s the day and year first above written. Signed, Sealed and Delivered in the Presence of STATE OF— , ss. County of ,e D, 1Z The foregoing instrument was acltnow e ed before me this • A: A. 19.+5.3' , by lay commission expires ry GCfiniris ioR E;:j}i=;;;.. R• .r = M ;,Wc5IATE OF COLIca) L•':,',: COUNTY OF WELD ) "? •` ';The foregoing instrument was acknowledged before si+'April,, A.D. 1.958, by FRANCES KATHARINE HUBBS; FRANCIS T.UCILLE ELIZABETH TURECEK. ^riirctsmmission expires January 7, 1962. Witness4y Notary Public Jt Frances Katnari a Hubhs dEAI.] sR..,.... �" (SEAL] iranois ,•1a,l..ard ETuhbs / ..4,:4-=‹:r? /,.Lr?"'.d r "a rl'_� r -.-J''' &ESEAL] sane Rosamona...5o1 Lerg i ' cht.rtASEAL) ureceic, . day of • . Witness my hand and official seal. tc 7t (7 tk 5 i 0' Notary Peirlic. me this 15th day of WILLARD HUEBS; and hand and official seal. WELD COUNTY BOARD OF COUNTY COMMISSIONERS MAY 21, 2018 RECX18-OO25 � CASE NUMBER: RECX18-OO25 � APPLICANT: � AGENT: � PLANNER: � REQUEST: BARBARA MCMILLAN & JANET SWANK MISIJA CONSTRUCTION (STEVE WHITE) MICHAEL HALL TWO (2) LOT RECORDED EXEMPTION � LEGAL DESCRIPTION: PART OF THE NW4 OF SECTION 9, T1N, R64W OF THE 6TH P.M., WELD COUNTY, CO • LOCATION: EAST AND ADJACENT TO COUNTY ROAD 53; APPROXIMATELY 0.3 MILES SOUTH OF HIGHWAY 52 Vicinity, Hydrology & Roadways Dr's - =atop ■ i a Q 1 I i t ■ A ite2; C 16 4. a e s -a- a al an-®—� ■r a ▪ a -■-e- s- OF a a rra-■isles- se ■ a • i # •■ i-F■- f Se 4■■ a it �t ih) • a anallIals■ we en' a ii p ■ i W'CR 10eignii as II Ill-a-m-amar # i t C A cc WCR 16..6. \i'VCR 14 .1 -al -FFa a IN a Ka -a f ■-n- f re' nal salIN le 1 J ■ t p WCR 6 # s.■ ■ .-a-i•-=-8-i• ■ i-a-a-a- • •'U i i i i P WCR6 ■ aWit;rnrrmean -FF■-laar■ rrNo r s a a a at 4 -■- r t n +t ■ -■a mirror a 4 ■ N IGAs & UGBs p i iWCR12 p i 'I ■di w IT -!r I! V ICS: HUDS 1 I IN i I I I 0) ■ De v v I a I I 1 ri-IFrra as is- nip s s,-sas-a-S p ial-al-aus- ea. P ■ -•-•-4• ..t 'a Ufa r k I p i mai a ii i p WCR 16 • s-rrr a a ro r•. o. -.-r..- we a miLa t • ■ i i p i i I V I WCR 10 ■—U-t— - s -,.. cram _--rr ■ i IG KEEN ES BLJ RG U simmilm.- snr-s-sr R6 ■ i a -■--■-r w L WCR 14 ■ -a ea -a -a - -! f ■I a -■ m -r r ran . a i -a-asr l n iii -f ■� p I. • • • _ i VVCR8 takmr pv- e. ■iy-rrrF se -tea -.-teat • IP 1 II I • r II CC! i I. I P j`• Wei • I r ■- ■'a-M��.-w . L ■ -Ea -111-0-ill• a at a st Ea N Zoning Zone: A cavathe ete 1 1 1 I ViiCR 12 1 1 1 1 I I 1 1 I 1 Zone A- 1 1 I I I 1 I I I I — - - ......... — i i i I I - NUB MIA ISIS ▪ S --- ---1- I. Zone: A Zone:A Zone: PUD i I I I. 1 1 1 1 1 1 i I VOR 1a 1 I I I 1 1 4 L 0_ It a — Nis a- KE,ENEr BUR., Zoe A ance _ Zone:A NIS — VMS — S MI \NCR6 Zone: n 'NCR 16.5 a VIICR 14 - -• cb I I 1 1 1 1 1 1 1 I L 1 1 i I I I 1 1 1 e SP SI Ste \NCR 6 — — — — — 1 I 1 l I i I I I 1 L I I I I I 1 1 1 1 i i L I i I I rI 'D 1 1 1 1 - SPA ----- N USRs 1 'AiCR 12 1 I I I I I I I I I SCR7Q -- ------- — art 1 1 4 1 L — I 1 I I I I 1 1 1 MN Mil I L I 1 1 1 1 I 1 -- I i 'Q''5'CR C. C --I j Jy( P, IN i CR. 16. 5 cr;1CR 4 .1111 ------- I - - - - - - - - -I. - - - Lin 1 1 I I 1 I I I 1 L—_ — — — — — L I I 1 I 1 I I I I I I I 1 I I I I 1 I I I t CR8 _L_ I I I I I I I I I I rrI I I i I I I I I I — — -- — — N I 'N GR 12 L — — — — — I 1 I 1 1 I 1 1 1 I Lit Et U II 4 I I 1 1 Y _. L. I I t 1 1 1 1 I I I C \'VCR 1I 1 1 ---J--YLC------ - - a n r b y tir n L'y 1. Nis WCR 14 oc Uner- a---- I I I I 1 I I I I L I 1 1 I I I I I 1 1 1 F C R 7 6 J - — - — - - _ iy`;!CR. E I I ti 1 I 1 I L 1 1 1 1 — IME - r N Imagery Imagery BLACKBURN HIJBBS LLB. 147,503'100006 1475► 0909 a4 G4 N LOCH RICHARD A 147509O&O0'16 Proposed RECX18-OO25 vet Bartmc McMfilsV 4tico GS 93 :52.50 :+rre.a B Lot B 26.1 Acres res !xlsting ACCESS fiat 26_Ii Azerari A New icze 55 K. 6n?sto..rg C.,O_ 5O643 CAS The Department of Planning Services staff has reviewed this request and recommends that this request be Denied for the following reasons: 1 i is the opinion of the Department of Planning Services staff that the applicant has not shown compliance with the following criteria as listed in Section 24-8-40 of the Weld County Code. Section 24-8-40.P of the Weld County Code: "After August 3, 2010, the largest lot of any recorded exemption may not be less than thirty-five (35) acres net. This requirement may be waived by the Board of County Commissioners if the Board finds that extenuating circumstances experienced by the applicant justify approval of the recorded exemption and that the recorded exemption is not for the purpose of evading the requirements and intent of this Chapter." The applicants are requesting to subdivide a portion of the NW4 of 9-1- 64 (52.5 acres) into two equal sized lots. Proposed Lots A and B will each be approximately 26.25 acres. This proposal does not meet WCC Section 24-8-40.P. The owners claim an extenuating circumstance: The letter states that their goal is to split the property in half equally. The owners, who are sisters, have owned the property since 1976 and it has been farmed by their family consistently over time. Additionally, the Colorado Division of Water Resources has agreed to allow two non -tributary wells - one on each proposed lot, according to the letter. Other options exist in the Weld County Code that do not require a waiver from requirements listed the Weld County Code in order to permit one additional dwelling unit or to create new lots including: - Modify the proposed Recorded Exemption layout They do have the ability comply with code and could make the larger lot (proposed Lot B) at least 35 acres net as required per Section 24-8-40.P, if the lot layout was modified. - Zoning Permit for a Secondary Home - Use by Special Review - Planned Unit Development - Minor Subdivision Looking east from CR 53 north property line Y . 4-.- �♦ 4. h'.jtlets„ H • Yom. • • Looking southeast from CR 53 — north property line ter tom' i a e •. j.d iti a. Looking east from CR 53 — south property line • 'rte► 3 4 im airDila•imm* � 4 J l 1 . r" A , t. -L a a"'. 11 ,:q., •D 1J6 ,:s.. 1 TTOI. I ,• I ry: .1w iyy'/Ila g 1•. a, • A 1 r y• J .! f �. ru LF'An r ,) J. . r 1 •Irk ]■ r ar 7 . 4, vff,. 11 am. Jj• i 1 1 "1 ' £ 7 1- FF 7 - at .7♦•' t raj ^; ." r , T1. . sems , ro Ir ' u ?1 r@ r •Y•rT•al. , • I., ,* I • • HHirtie I. - ,, ; g 16 • . r. ' AILt �.r7�11AS,:It", � 1 c'.•p 1t I k^ • 1 I r- *Pt*r qa r ,a Looking southeast from CR 53 y. •i r why. j r �. ' Looking south from CR 53 Y • `r s y le rte- •" rs- - 'd 400,4- 71C le rr_r arx a f I I * , ri I. - y n- , - .• I . [ -7l - .> .• s:. '-y ., • a_ --ti._-tS..%i: i _` a S Looking southwest from CR 53 4 — r �Cs 0 Looking west from CR 53 ;I r b'. R a 1' , r a • y . 4' Ivo �S y. ... • t L 1/2 ws • _ t' 1 1 , -41 utilW ,. Ec • r F' _ tom— . r .( ,I -t .. 1i 1 -rc1: e, 1� 6 r • rrrEi.4 e r Looking northeast from CR 53 eta - 8• --1 =::ter-=s.s _ P 4- f • h 4 as s a fit' '!f' • • afi ° ry' 1._ alaa rr liaribeisse IA's:Jar lailtha-e- s -7 ' rr 3. ' I- 1 z G - s i• . af' e.' ta9L 1..• � ate • • II r • 1- ' w_ M r� w F I -t` 1• , - -r n a -40.. 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