HomeMy WebLinkAbout20182506.tiffRESOLUTION
RE: APPROVAL OF RECORDED EXEMPTION, RECX18-0075 - ERICA ARNOLD
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, RECX18-0075, was submitted by Erica
Arnold, 26746 County Road 388, Kersey, Colorado 80644, for property which is located in part
on the following described real estate, to -wit:
Lot B of Recorded Exemption, RE -3738; being part
of the SE1/4 of Section 9, Township 5 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, RECX18-0075, 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 20 acres and 6 acres, and
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 Erica Arnold for
Recorded Exemption, RECX18-0075, 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 -7, as stated in the referral response dated June 1, 2018.
Evidence of such shall be submitted, in writing, to the Weld County
Department of Planning Services.
B. Lot A shall comply with the one (1) acre net minimum lot size required by
Section 24-8-40.L of the Weld County Code. Net acreage calculations
should not include future road right-of-way.
2. Items to be included on the plat:
act el -C tr» H (Min/ TP), O -P PL,
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RECX18-0075
RECX18-0075 - ERICA ARNOLD
PAGE 3
A. The plat shall be titled: Recorded Exemption No. 0963-09-4, RECX18-
0075.
B. A 30 -foot wide joint access and utility easement extending across Lots A
and B from County Road 388, 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 points and the usage
types.
D. County Road 388 is a paved road and is designated on the Weld County
Functional Classification Map (Code Ordinance #2017-01) as a collector
road, which requires 80 feet of right-of-way at full buildout. The applicant
shall verify and delineate on the plat the future and 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. County Road 58 is an unmaintained section line right-of-way. The applicant
shall verify and delineate on the map the unmaintained right-of-way and
the documents creating the right-of-way. All setbacks shall be measured
from the edge of right-of-way. This road is not maintained by Weld County.
Any unmaintained road needs to be located/identified in relationship to the
right-of-way. Show and label the section line right-of-way as "CR 58 Section
Line Right-of-way, not County maintained"
F. Show the floodplain and floodway (if applicable) boundaries on the plat.
Label the floodplain boundaries with the FEMA Flood Zone and FEMA Map
Panel Number and/or appropriate study.
G. Setback radiuses for existing oil and gas tank batteries and wellheads shall
be indicated on the plat, per the setback requirements of Section
23-3-50.E, of the Weld County Code, if applicable.
H. All recorded easements and rights -of -way shall be delineated on the plat
by book and page number or reception number.
I. 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
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RECX18-0075 - ERICA ARNOLD
PAGE 4
structure as defined and limited to those occupancies listed as Groups A,
B, E, F, H, I, M and R in Section 302.1 of the 2012 International Building
Code, shall be constructed within a 200 -foot radius of any tank battery or
within a 150 -foot radius of any wellhead or within a 25 -foot radius of any
plugged or abandoned oil and gas well. Any construction within a 200 -foot
radius of any tank battery or 150 -foot radius of any wellhead shall require
a variance from the terms of Chapter 23, in accordance with Subsection
23-6-10.C of 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) 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.
6) Prior to the release of building permits, the applicant shall submit evidence
to the Department of Planning Services that Lot A has an adequate water
supply of sufficient quality, quantity and dependability.
7) A Flood Hazard Development Permit is required for all construction or
development occurring in the floodplain or floodway as delineated on
Federal Emergency Management Agency (FEMA) FIRM Community Panel
Map #08123C -1575E, dated January 20, 2016 (South Platte River
Floodplain). Any development shall comply with all applicable Weld
County requirements, Colorado Water Conservation Board requirements
as described in Rules and Regulations for Regulatory Floodplains in
Colorado, and FEMA regulations and requirements as described in 44 CFR
parts 59, 60, and 65. The FEMA definition of development is any
man-made change to improved or unimproved real estate, including, but
not limited to, buildings or other structures, mining, dredging, filling,
grading, paving, excavation, drilling operations, or storage of equipment
and materials.
8) FEMA's floodplain boundaries may be updated at any time by FEMA.
Prior to the start of any development activities, the owner should contact
Weld County to determine if the floodplain boundaries have been modified.
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9) The property owner shall control noxious weeds on the site pursuant to
Chapter 15, Articles I and II, of the Weld County Code.
10) 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.
11) All access and utility easements are dedicated for the benefit of all owners
of lots depicted on this plat, including owners of future lots created
therefrom, regardless of lot configuration or number of users, and without
limitation of the use or intensity of the use of such easements. No lot owner
may install a gate or otherwise impede the use of such easements without
the approval of all persons with rights of use of such easements.
12) Access on the site shall be maintained to mitigate any impacts to the public
road, including damages and/or off -site tracking.
13) 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.
14) 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.
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 Planning Department and an electrical
and/or plumbing permit is required for any electrical service to the building
or water for watering or washing of livestock or poultry.
17) Building Permits issued on the proposed lots will be required to adhere to
the fee structure of the County -Wide Road Impact Dee, County Facility Fee
and Drainage Impact Fee Programs.
18) The existing septic system may be within the 100 -year floodplain. The
installation of any septic system within the 100 -year flood plain shall comply
with the Weld County I.S.D.S. floodplain regulations. Specifically, if the
septic tank lids are not above the flood plain elevation, then the access to
the tank manhole lids must be covered with 20 ml PVC and sealed with
plumbers cement. In addition, a one-way valve must be installed on the
effluent line between the tank and the absorption field. Therefore, any
future pumping of the septic tank will require that the tank lids be sealed
2018-2506
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prior to backfilling, and any future upgrade of the septic system will require
that a one-way valve be installed on the effluent line.
19) RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld
County has some of the most abundant mineral resources, including, but
not limited to, sand and gravel, oil, natural gas, and coal. Under title 34 of
the Colorado Revised Statutes, minerals are vital resources because (a)
the State's commercial mineral deposits are essential to the state's
economy; (b) the populous counties of the state face a critical shortage of
such deposits; and (c) such deposits should be extracted according to a
rational plan, calculated to avoid waste of such deposits and cause the
least practicable disruption of the ecology and quality of life of the citizens
of the populous counties of the state. Mineral resource locations are
widespread throughout the County and person moving into these areas
must recognize the various impacts associated with this
development. Often times, mineral resource sites are fixed to their
geographical and geophysical locations. Moreover, these resources are
protected property rights and mineral owners should be afforded the
opportunity to extract the mineral resource.
20) 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.
3. Additional Information.
A. The West Greeley Soil Conservation District has provided information
regarding the soils on the site. The applicant shall review the information
and use it to positively manage on -site soils.
B. A Weld County Septic Permit is required for proposed lots when building
occurs and shall be installed according to the Weld County On -site
Wastewater Treatment System Regulations.
4. The plat shall be prepared in accordance with the requirements of Section 24-8-60
of the Weld County Code. The applicant shall submit a paper or 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.
5. 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 be added for each additional three (3) month period.
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RECX18-0075
RECX18-0075 - ERICA ARNOLD
PAGE 7
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the request for Recorded Exemption, RECX18-0075, submitted by Erica
Arnold be, and hereby is, approved.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 6th day of August, A.D., 2018.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: ditiewt) W JCL;
e Moreno, Chair
Weld County Clerk to the Board
Deputy Clerk to the Bo
APPROVED AS TO FOR
Asst .County Attorney
Date of signature: O8 -02-/g
2018-2506
RECX18-0075
PLANNER:
CASE NUMBER:
APPLICANT:
REQUEST:
DEPARTMENT OF PLANNING SERVICES
RECORDED EXEMPTION
ADMINISTRATIVE REVIEW
Michael Hall
RECX18-0075
Erica Arnold
Two -Lot Recorded Exemption
HEARING DATE: August 6, 2018
LEGAL DESCRIPTION: Lot B of Recorded Exemption RE -3738; being part of the SE4 of Section 9, T5N,
R64W of the 6th P.M., Weld County, CO
PARCEL NUMBER: 0963-09-4-00-095
PARCEL SIZE: Lot A: +/- 6 acres ZONE DISTRICT: A (Agricultural)
Lot B: +/- 20 acres
WATER SOURCE: Lot A: Proposed NWCWD Tap Lot B: NWCWD Tap # 709
SEWER SOURCE: Lot A: Proposed Septic Lot B: Septic # G19850127
NARRATIVE: The applicant is proposing a two -lot recorded exemption on Lot B of RE -3738, recorded
April 8, 2004, reception # 3169085. The size of Lot B of RE -3738 is 26.18 acres and 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. If approved, this
proposal would be the second recorded exemption on the originally 45 -acre tract of land.
The applicant has owned the lot since June 30, 2017.
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."
Proposed Lot B will be approximately 20 acres. However, the minimum size of the larger lot of a recorded
exemption (Lot B) cannot be not less than thirty-five (35) acres net. This proposal does not meet Weld
County Code Section 24-8-40.P.
The applicant was aware that this Recorded Exemption case would be recommended to the Board of
County Commissioners for denial and chose to proceed with the request. They acknowledged the
recommendation for denial and request the requirement listed under Section 24-8-40.P be waived.
RECX18-0075 - Arnold
Page 1 of 6
Based on the owner's request letter, the property is located to the east of the confluence of the South Platte
and Poudre Rivers and majority of the property is located in the 100 -year floodplain. Because the property
is encumbered by the floodplain, this limits further exemptions and makes subdivisions impractical.
Additionally, the lots are intended to be used for rural residential purposes.
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 as this site is located in a
public water district. 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.
After additional review of the property, a pre application request (PRE18-0216) has been submitted on
proposed Lot A for a commercial semi -truck parking business that may be permitted under a Use by Special
Review permit. This USR proposal is not part of the review for the subject recorded exemption request,
however it is relevant to the overall vision of 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 attempt to address the requirements of the Town of Kersey, as stated in
the referral response dated 05/29/2018. The property is located in the Kersey Planning Area
with a land use designation of "Parks and Open Space" for the portion of the property within
the floodplain. Kersey requests that the applicant considers reserving a corridor along the river
for a future trail. Evidence of such shall be submitted in writing to the Weld County Department
of Planning Services.
B. The applicant shall address the requirements of Weld County School District RE -7, as stated
in the referral response dated 06/01/2018. Evidence of such shall be submitted in writing to the
Weld County Department of Planning Services.
C. Lot A shall comply with the one (1) acre net minimum lot size required by Section 24-8-40.L of
the Weld County Code. Net acreage calculations should not include future road right-of-way.
2. Items to be included on the plat:
A. The plat shall be titled: Recorded Exemption No. 0963-09-4 RECX18-0075
B. A 30 foot wide joint access and utility easement extending across Lots A and B from County
Road 388, 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 points and the usage types.
D. County Road 388 is a paved road and is designated on the Weld County Functional
Classification Map (Code Ordinance 2017-01) as a collector road, which requires 80 feet of
right-of-way at full buildout. The applicant shall verify and delineate on the plat the future and
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. County Road 58 is an unmaintained section line right-of-way. The applicant shall verify and
delineate on the map the unmaintained right-of-way and the documents creating the right-of-
way. All setbacks shall be measured from the edge of right-of-way. This road is not maintained
by Weld County. Any unmaintained road needs to be located/identified in relationship to the
right-of-way. Show and label the section line Right -of -Way as "CR 58 Section Line Right-of-
way, not County maintained"
RECX18-0075 - Arnold
Page 2 of 6
F. Show the floodplain and floodway (if applicable) boundaries on the plat. Label the floodplain
boundaries with the FEMA Flood Zone and FEMA Map Panel Number and/or appropriate
study.
G. Setback radiuses for existing oil and gas tank batteries and wellheads shall be indicated on
the plat per the setback requirements of 23-3-50.E of the Weld County Code, if applicable.
H. 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 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) 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.
6) Prior to the release of building permits, the applicant shall submit evidence to the
Department of Planning Services that Lot A has an adequate water supply of sufficient
quality, quantity and dependability.
7) A Flood Hazard Development Permit is required for all construction or development
occurring in the floodplain or floodway as delineated on Federal Emergency Management
Agency (FEMA) FIRM Community Panel Map # 08123C -1575E dated January 20, 2016
(South Platte River Floodplain). Any development shall comply with all applicable Weld
County requirements, Colorado Water Conservation Board requirements as described in
Rules and Regulations for Regulatory Floodplains in Colorado, and FEMA regulations and
requirements as described in 44 CFR parts 59, 60, and 65. The FEMA definition of
development is any man-made change to improved or unimproved real estate, including by
not limited to buildings or other structures, mining, dredging, filling, grading, paving,
excavation, drilling operations, or storage of equipment and materials.
8) FEMA's floodplain boundaries may be updated at any time by FEMA. Prior to the start
of any development activities, the owner should contact Weld County to determine if the
floodplain boundaries have been modified.
RECX18-0075 - Arnold
Page 3 of 6
9) The property owner shall control noxious weeds on the site.
10) 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.
11) All access and utility easements are dedicated for the benefit of all owners of lots
depicted on this plat, including owners of future lots created therefrom, regardless of lot
configuration or number of users, and without limitation of the use or intensity of the use of
such easements. No lot owner may install a gate or otherwise impede the use of such
easements without the approval of all persons with rights of use of such easements.
12) Access on the site shall be maintained to mitigate any impacts to the public road including
damages and/or offsite tracking.
13) 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.
14) 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.
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 Ag Exempt Building per the requirements of Section 29-1-20 and
Section 29-3-20.B.13 of the Weld County Code do not need building permits, however, a
Certificate of Compliance must be filed with the Planning Department and an electrical and/or
plumbing permit is required for any electrical service to the building or water for watering or
washing of livestock or poultry.
17) Building Permits issued on the proposed lots will be required to adhere to the fee
structure of the County -Wide Road Impact Fee Program.
18) Building Permits issued on the proposed lots, will be required to adhere to the fee
structure of the County Facility Fee and Drainage Impact Fee Programs.
19) The existing septic system may be within the 100 -year flood plain. The installation of any
septic system within the 100 -year flood plain shall comply with the Weld County I.S.D.S. flood
plain regulations. Specifically, if the septic tank lids are not above the flood plain elevation,
then the access to the tank manhole lids must be covered with 20 ml PVC and sealed with
plumbers cement. In addition, a one-way valve must be installed on the effluent line between
the tank and the absorption field. Therefore, any future pumping of the septic tank will require
that the tank lids be sealed prior to backfilling, and any future upgrade of the septic system
will require that a one-way valve be installed on the effluent line.
20) 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.
RECX18-0075 - Arnold
Page 4 of 6
21) 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.
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. The West Greeley Conservation District has provided information regarding the soils on the
site. The applicant shall review the information and use it to positively manage on site soils.
B. A Weld County Septic Permit is required for proposed lots when building occurs and shall be
installed according to the Weld County On -site Wastewater Treatment System Regulations.
RECX18-0075 - Arnold
Page 5 of 6
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 2005-7 approved June 1, 2005, should the plat not
be recorded within the required sixty (60) days from the date the BOCC Resolution 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: Date: 07/31/2018
Michael Hall, Planner
RECX18-0075 - Arnold
Page 6 of 6
May 29, 2018
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.weldgov.com
E-MAIL: mhall@weldgov.com
PHONE: (970) 400-3528
FAX: (970) 304-6498
ERICAARNOLD
26746 COUNTY ROAD 388
KERSEY, CO 80644
Subject: RECX18-0075 - TWO LOT RECORDED EXEMPTION (DENIAL)
On parcel(s) of land described as:
PT SE4 SECTION 9 T5N R64W LOT B REC EXEMPT RE -3738 (.77R) 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:
Kersey at Phone Number 970-353-1681
It is recommended that you contact the listed Planning Departments for information regarding their
process and to answer any questions that might arise with respect to your application.
If you have any questions concerning this matter, please call.
Respectfully,
Michael Hall
Planner
FIELD CHECK
Inspection date: July 31, 2018
CASE NUMBER:
APPLICANT:
LEGAL DESCRIPTION:
LOCATION:
RECX18-0075
Erica Arnold
Lot B of Recorded Exemption RE -3738; being part of the SE4 of
Section 9, T5N, R64W of the 6th P.M., Weld County, CO
South and adjacent to CR 388; approximately 0.65 miles
southeast of CR 53
Zoning
Land Use
N
A (Agricultural)
N
Agricultural / Rural Residential
E
A (Agricultural)
E
Natural Area - River
S
A (Agricultural)
S
Natural Area - River
W
A (Agricultural)
W
Agricultural / Rural Residential / Natural Area - River
COMMENTS:
The site is south of CR 388 and contains one residence and several outbuildings on proposed Lot B.
Proposed Lot A is vacant. Lot A is dog -leg shaped that comes off the east side of the parent parcel. Both
proposed lots have their own existing access points. Most of the surrounding properties are rural residential
and agricultural lots. The majority of the site is in a floodplain. The South Platte River is located in the
southern portion of the site. A oil well head appears to be located on proposed Lot A.
Michael Hall, Planner I 07/31/2018
RECORDED EXEMPTION (RECX) APPLICATION
DEPARTMENT OF PLANNING SERVICES * 1555 N. 17T" AVENUE * GREELEY, CO 80631
www.weldgov.com * 970-400-6100 * FAX 970-304-6498
FOR PLANNING DEPARTMENT USE: DATE RECEIVED: - 4.
AMOUNT $ CASE#ASSIGNED: 't,r-,,r,y':�,?,t-1,r.•
APPLICATION RECEIVED BY: i <i PLANNER ASSIGNED:
Parcel Number cup _. - V q__ L/- D 0 - U A,5_
(12 digit number - fou d on Tax I D, information, obtainable at the Weld County��Assesor;s m fo�u d at www.weldnov.com)
1% '� �/� �.�Sect}dn�, Township�� North, Range _West
Legal Description g
Has the property been divided from or had divided from i any property(ies) since August 30, 1972? YES PT NO t+x
Is the property located in a floodplain? YES NO ❑1Unknown II 4 IS in -Id 1C 0(110
Is the property located in a geohazard area? YES 7NO Unknown ❑
FEE OWNERS OF THE PROPERTY:
Name: 1 (la ( 117_ Mid
Company:
Phone #: q---1.)__ 3 6, 1 Lv"f5 0 el Email: L.- .5'0 Gw` i' it j 17!
Address : ail L(ce o#12-- } '
City/State/Zip Code: K -P jr y f I (1_() eiv q q_
FEE OWNER (cont,) or APPLICANT:
Name:
Company:
Phone #:
Address :
City/State/Zip Code:
Email:
AUTHORIZED AGENT":
Name: r (0 ) ( l f
Company:
Phone #: r
Address :
City/State/Zip Code:
J
Email: ( -
Authorization Form must accompany e11 ar5pfrcafions sr4ned by an Authorized Agent
Lot A
smiles lot
Lot B
Lot C
Lot O
Proposed Use (i.e. Ag or
Res)
l
i�
�7I 1 �"•
Proposed Acreage
'7
�E�'
'3.
Address
i
/
I
y
.(f r
10(
E (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 hs the legal authority to sign for the corporation.
i/( [Aptf•
ddtbre: Owner or Authorized
,l1i [}ribs
Print: Owner or Authorized Agent
� 1,P0
Date Signature: Owner or Authorized Agent Date
Print: Owner or Authorized Agent
*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
Weld County Board of County Commissioners
c/o Esther Gesick, Clerk to the Board
1150 0 Street
Greeley, CO 80631
Re:Recorded Exemption Request RECX # 0963-09-4-00-095
Dear Honorable Weld County Commissioners:
I, Mrs. Arnold, respectfully requests to appeal the Weld County Planning Department's
decision to deny a recorded exemption for my property located at 26746 CR 388, Kersey, CO
80644. I kindly request the opportunity to address the Board of County Commissioners for
resolution of this request based on the following reason for variance.
The property is a 25 acre parcel that is zoned agricultural. My home is located on the
site. I wish to create one new parcel of approximately 5 acres, as shown in the attached
Recorded Exemption Application. This property is located to the east of the confluence of the
South Platte and Poudre Rivers. The great majority of the property sits in the 100 year flood
plain, as shown in the attached map entitled "Arnold Property, 26746 CR 388". I wish to create
the new parcel from the easternmost portion of my property. While this lot is below the 35 acre
threshold for a recorded exemption under Weld County Code, the fact that this property sits
almost entirely in the 100 year flood boundary effectively limits further exemptions and makes
subdivision of the parcel impractical. Granting of this variance will not result in urban scale
development, but retain the rural residential nature of the surrounding community. I greatly
appreciate the Board's consideration and requests an opportunity to present this variance in
person.
Thank you for your consideration in this matter.
Erica Arnold
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')
2.
Lot A Water Source
x _ '41, c,„"4 -1 -e. -dap
Lot B Water Source
7,0
Lot C Water Source
Lot D Water Source
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.")
N1A
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
Lot B sewage disposal
Lot C sewage disposal
Lot D sewage disposal
G1 S/- I2-7
Page7
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.")
nor -ft opeH)/ kiJ! friaa 6n e, w fe
Sov6ioe.i4 ud.f e J. -c6v a9vi 6120 a Kt
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")
Vo-AA ICI- will lflun aCe6S -+-0
yicg Ib1- kt1
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.")
pv.oipeo. !ma be sh4-o .�
1 ad/Ica.
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."
��ot�l�it c�Ja e �I
C� b.1?)
4r -a4/
VbinVi 06KSdiej,
• ArtU ta.ctalig iviLhAP
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)? (Ex ple - "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 I 8
Stateofe,s
coun of D1kkaca
4314778 06/30/2017 02:23 PM
Total Pages: 1 Rec Fee: $13,00 Doc Fee: $43.00
Carly Koppes - Clerk and Recorder, Weld County, CO
X111111IltI1III#4 II1III11I111
State Doctiwientery
Fite: June 017.2017
Warranty Deed S 43..ad
(Fumed to 38-30-113 CAS.)
THIS DEED. made on Jurie 21117 by SHALINNA BLACK Grantor(s), of the County of 5
_ and
State of TEXAS for the consideration of (5430,808_80) **' Four Hundred Thirty Thousand and 00/140'°'"" dollars fn band paid,
hereby sells and conveys to ERICA ARNOLD Gxantee(s),. whose meet address is 26746 IY ROAD d fate ofColorado,3613 RSEo, CO iu 80844,
Crony of WELD, and State of COLORADO, followingthe pert)'
in the county of Weld, anLOT B, RECORDED EXEMPTION NO. Ce 0 4 -SEA -7300 RECORDED APRIL 6 3004 AT RECEPTION NO. 61.69065, MING A
PART OF THE SR 1/4 OF SEC'UON 9, TOWNSHIP 5 NORTH, RANGE 64 wrsr O1 THE BIR PRINCIPAL MERIDIAN, COMM
OF WELD, STATE OF COLORADO.
also Imown by sweet and number as: 26746 COUNTY ROAD 388 KERSEY CO 80644
with all its appurtenances and warrants the title to the sum. mbiect to Serena/ tuxes for the year 2O17 and those c D=Ttio s
desreference to recorded docwiients as rie f /acted in the 71tfe Documents accepted by Cnmmee(s) in accordance with Record
Thie Matters
rs (Seafirstnix Ott t ili y
Bide Matters (Section 8, 2) of the Contract to Buy and Self Real gate relating to the above described real poverty,
easements, (rncindmg cable TV): those specifically described rights of third parthn not drown by the public records of which Grantee(5)
has actual knowledge and which were accepted by Gratttee(s) in accordance with OffR Ihde Matters (Section 83) and Current
Survey Review (Section 9) of the Contract to Er, gr and Sell Real Estate relating to the above described d as
lor property; of inclusions
�Y of the
Property within any special trvc district; Any . al assessment if the improvements of NONE
signature on the Contract to Rl4' and Sell Reel Estate, whether assessed prior to or t4hr Closing.
and
)ss.
The foregoing imatnuoaent
was aclincrwleard befaie me on this day of rune ` 2817
by SRlATJ NA 3liI.ACK
MyCO nexpires _t
When Recorded Dm to: PJEDICA ARNOLD
26746 COUNTY ROAD 388 KI MSEY, CO 80844
Form 13050 17120-15 wd.l6.ndt 146 Warranty Deed (photogatpbic) FC251. 117 (264537131
NORTH WELD COUNTY WATER DISTRICT
32825 CR 39 LUCERNE, CO 80646
P.O. BOX 56 • BUS: 970-356-3020 • FAX: 970-395-0997
WWW.NWCWD.ORG • EMAIL: WATER@NWCWD.ORG
WATER TAP REQUEST FORM
Please expect a minimum of 4-6 weeks for processing Letter of Intent
Commitment Letter and Review Fee: $50.00 per Lot -
Commitment Letter Fee: $10.00 per equivalent tap for all lots which an "intent to provide service" is denoted in a
Commitment Letter. For such Commitment Letter, the District shall reserve capacity for the applied water service in
the delivery system for a period of one year. AND Review Fee: $40.00 per lot, up to a maximum of $800.00
•
PHYSICAL ADDRESS (IF KNOWN) 2 6, 7 r Cr" !� "`f ` �'
APPROXIMATE DISTANCE FROM NEAREST INTERSECTION --PLEASE INCLUDE COUNTY ROAD NUMBERS
WHAT IS YOUR INTENT FOR THE REQUEST?
Recorded Exemption Application? _ �/' S Vacant Land Without a Tap?
Subdivision or PUD? _ Do you need Fire Flows?- What are they?
RECORDED EXEMPTION NUMBER: .1 / -- y/ yg
PARCEL NUMBER:
WELD COUNTY http://www.co.weld.co,tJs/maps/propertyinformation/
LARIMER COUNTY http://rnaps.larimer_ordliVxCenter=2990439StyCenter=1483559&Sicale=640000
SECTION HALF & QUARTER SECTION J '
TOWNSHIP 5 RANGE
PRINTED NAME OF PERSON REQUESTING TAP -- If Agent, Note Client Name & Agent Name Separately
2a/ �5
SIGNATURE r DAT
PHONE NUMBER
PLEASE INCLUDE A SKETCH OF THE AREA AND ANY PROPOSED SEPARATION OF THE PARCEL
IN QUESTION.
How would you Dike the Commitment Letter returned to you?
BY MAIL CALL ME FOR PICKUP .) FAX: E-MAIL:
NORTH WELD COUNTY WATER DISTRICT
32825 CR 39 + LUCERNE, CO 80646
P.O. BOX 56 • BUS: 970-356-3020 • FAX: 970-395-0997
WWW.NWCWD.ORG • EMAIL: WATER@NWCWD.ORG
WATER CONSUMPTION SURVEY
To aid in the determination of water consumption for the water service you requested, it is of considerable
importance to know as much as possible about how the water will be consumed. Please answer all questions
as accurately as possible. If you have questions please call (970) 356-3020.
Customer Name: Agent's Name:
Current Mailing Address: ! Agent Address:
Day Time Phone Number: r; Agent Phone:
Customer E -Mail: Agent E -Mail:
Which bescribes your needs:
Residential Only Number of Members in the Family:
Industrial / Commercial Usage Hours per Day No. of Employees
Livestock Operation
How do you plan on irrigating your lawn?
North Weld County Water District
Pump Water From Irrigation Ditch
Pump Water From Well
Other (Specify)
Number of Livestock to be fed:
Cattle Hogs 1.
Horses Chickens i
Y
Sheep Other
Dairy
What is the present source of water for your livestock?
Would you anticipate using the proposed water tap for watering livestock? Yes No
If you are unable to complete the above, please complete one or more of the below:
Please base your design for our tap on a maximum usage of:
Gallons per minute
Gallons per day
Gallons per month
Applicant's Signature Date
***Effective 07/01/2018, Raw Water Fee will be based on the previous 3 month average market value and is subject to change the first day of each
gunner { anuary, April,]uly, Oatobcr}
Raw Water*
Raw Water Storage
Fee
Plant Investment
�"' '
Distance Fee
Meter Set Fee**
s]4�O£7 _
I
Water
Allocation
(Annually)
Plant
Investment
Allocation
(Annually)
/Full Standard
Tap
100%
100`/n
100%
100°/n
100'%n
228,000 Gallons
228,000 Gallons
tc. --
--
- -- - -
$26,000
�ff
05/09/2018, Fee ecdve
will be $27,500
$1,000
$7,500
$300 per Mile from
Main Tank Site at Hwy
257 -Hwy 14
Minimum Distance Fee
will be 5 miles or $1,504
Variable - will be
provided on Letter of
Intent (For
Subdivisions, Meter
Set Fee is fixed)
LTL � 560 —
Restrictions
I:ii Size tre itcr than 0.33 Acres( 11575 sq fi)
75% Tap
75%
75°",
75%
75%
1005'.
171,000 Gallons 171,000 Gallons
$19,500
Effective
05/09/2018, Fee
will be $20,625
$750
$5,625
$225 per Mile from
Main Tank Site at Hwy
257 -Hwy 14 Minimum
Distance Fee will be 5
miles or $1,125
Variable - See above
Restrictions
L„i sizes greater than 0.20 acres (8,712 sq ft) but less than 0.33 Acres (14,375 sq ft) OR landowner with verifiable irrigation rights or well permits for outside
water use
50% Tap
50%
50%n
50%
50%
100%
114,000 Gallons 114,000 Gallons
$13,000
Effective
05/09/2018, Fee
will be $13,750
$500
$3,750
$150 per Mile from
Main Tank Site at Hwy
257 -Hwy 14
Minimum Distance Fee
will be 5 miles or $750
Variable - See above
Restrictions
Lot size less than 2 acres (5,712 aq li) OR with a Board ahyrus'cd ltrit;atiott Sysictn OR a Board 11nlsniatd Commercial Gnieiprise
Conservation.
Blue Tap
100%
100%
0%
0%
100%
27,8 000 Gallons t
0 Gallons
$26,000
Effective
05/09/2018, Fee
will be $27,500
$1,000
$0
$0 per Mile from Main
Tank Site at Hwy 257-
Hwy 14
Variable - See above
3 o, COO_
No Restrictions
if Qualified, taps may be used in combination with Conservation Tap (i.e 50°/n Water with a Conservation 0 Plant Investment
'tt:i11,u» cu:il vary ilcpendulg on qualifying combination
A tap may be allotted more than 1 unit of Water and/or Plant Investment. In this case the allotment is the class X 228,000 gallons = Annual Allocation. (i.e. Water Allocation 5 a
228,000 = 1,140,000 gallons Annual Allocation)
*Upon Board Approval you may transfer Colorado Big Thompson (C -BT) shares or North Poudre shares to fulfill the water requirement for the tap. Water transfer must be
completed prior to tap being activated.
**Meter Set Fee includes installation of meter, pit, and connection to mainline. Fee will vary depending on the need for road bores, line extensions, labor and/or materials. The
Letter of Intent will state the exact fee for your property. Subdivisions may have a fixed Meter Set Fee. Please contact the office for details specific to your lot.
Basic Monthly Water Fees: D w 6,000 gallons = $19.74 Minimum 6,000 gallons and up = $3.29 Per 1,000 Gal (Kgal)
The water and plant investment allotment for a standard tap is 228,000 gallons per year or 70% of 1 Acre Foot. The allotment on your account may vary due to
Allotment: additional purchases, transfers, or possible Plant Investment grandfathering. Please contact our office to discuss your individual account.
Basic Non -Potable Monthly Water Fees: ** 11.20 per l(gal **Applicable Subdivisions Only
The water year runs from your October meter reading to the following meter reading in October.
Surcharge will be assessed when an account's year to date usage exceeds the Water and/or Plant Investment Allotment.
Plant Investment Surcharge will be assessed when an account's year to date usage exceeds the Plant Investment Allotment. The transfer of additional water will not
remove this charge. Additional Plant Investment Units must be purchased to increase the allotment and reduce the Plant Investment Surcharges. These rates are in
addition to the standard monthly usage fee.
Tier 1: 0 to 456,000 gallons above the Plant Investment Allotment 53.95 pet 1,000 gallons (Kgal) —`
Tier 2: More than 456,000 gallons above the Plant Investment Allotment $1.95 per Kgai
Water Surcharge will be assessed when an account's year to date usage exceeds the annual water allotment. Currently, the surcharge is $2.00 per Kgal in addition to
the standard monthly usage fee. This fee is to recover the District's cost to obtain additional water rights fot delivery.
The amount paid in Plant Investment Surcharge or Water Surcharge can be used as a credit towards the purchase of additional Water or Plant Investment
allocation(s), respectively, from November 1st to March 1st following the water year.
Contact the office for the amount of surcharge you paid and what would be owed for the allocation increase.
NORTH WELD COUNTY WATER DISTRICT
32825 CR 39 • LUCERNE, CO 80646
P.O. BOX 56 • BUS: 970-356-3020 • FAX: 970-395-0997
�.1 ti� V1 41M t ',4 I :!2[ • EMAIL: WATER@NWCWD.ORG
Erica Arnold
26746 WCR 388
Kersey, CO 80644
970,396.6509
May 2, 2018
Subject: Water Service Request, Arnold Property, Proposed 2 -Lot RE
This letter is in response to your inquiry regarding water service to the following described property:
Approximately 26798 WCR 308, Proposed Lot A in a portion of the SE 'A of Section 9, T5N, R64W of the 6th Prime Meridian
Parcel 0963094O0095 (See attached North Weld County Water District sketch)
In order to support the applicant with obtaining water service, the applicant should understand the following:
1. Water Service is presently being provided to the above -mentioned property through Meter No. 709 located at
26746 WCR 388 also known as Proposed Lot B.
2. North Weld County Water District (District) is able to provide water service to the above described property, contingent
upon all requirements of the District being satisfied. If all District requirements, including all contracts, have not been
satisfied and completed with the District within one year (12 months) of the date of this letter, the District may refuse to
supply water to the above described property. After one year, it should be understood that the District reserves right to
refuse water service, if raw water is unavailable, and/or pipeline or water treatment capacity is not capable of providing
water service to the above -described property.
3. Before a water tap may be purchased, the applicant must provide a copy of a Warranty Deed, a Physical Address,
this letter, and sign a Petition of inclusion for the property.
4, The applicant must sign and execute any and all necessary Easement and Rights -of -Way Agreements regarding specific
locations, widths, size of pipeline(s) and descriptions for the Line Extension as determined by the District. Providing
water service to the above described property is contingent upon execution and recording of the Easement and Right -
of -Way Agreements. Until such Easement and Right -of -Way Agreements are finalized and recorded to the satisfaction
of the District, the District will not initiate the design or construction of the Line Extension needed to provide water service
to the above -described property.
5. Based on the number of family members and livestock along with other pertinent information provided on the Water Tap
Request Form, the District recommends the applicant's irrigated landscaping square footage not exceed 6,000
square feet. This recommendation is based on the Full Standard Tap allocation and should be used to optimize delivery
without surcharge, Should the applicant desire to irrigate a larger landscaped area, the District recommends the
applicant purchase en additional allocation.
6. The District recommends that the applicants needed raw water be purchased through the District. Upon the applicant
satisfying all of the Districts water service requirements, the District will treat and deliver water purchased. All water
that is delivered over the allocation (with surcharge) will be subject to water availability.
7, Water purchased, treated, and delivered to the applicant by the District shall be 70% of an acre-foot of water. This
delivery amount is contingent upon a 50% or greater allotment for Colorado -Big Thompson (CBT) project water, which
is determined by the Northern Colorado Water Conservancy District. The District will restrict water delivery to the
applicant as necessary when the CBT allotment is less than 50%. A portion of the Raw Water Fee is used by the District
to fund the construction of water storage reservoirs.
8. The District's water tap options are shown in Table No. 1 included with this letter.
9. The District's current tap fees are shown in Table No. 2 included with this letter. The District's tap fees shall be valid
for ten (10) business days from the date the applicant receives this letter. The tap fees must be paid within the
ten (10) business days of letter receipt. After ten (10) business days of letter receipt, tap fees will be subject to
the 'then in effect rates' (current cost) established by the District. The District is not responsible for notifying
individuals, banks, lenders, prospective buyers, real estate agents or anyone else, in any manner, of a change of rates
and/or fees.
10. The Meter Set Fee is valid only for the location shown on the attached map (Exhibit A). After the water tap has
been purchased (Raw Water AFU & Plant investment Fee), the applicant has one (1) year (12 months) in which to have
the meter set. The District requires 45 days advanced notice to set the meter. If the meter has not been set within 12
months from the purchase date and the applicant requests to relinquish the meter, the District shall refund the applicant
NORTH WELD COUNTY WATER DISTRICT
32825 CR 39 • LUCERNE, CO 80646
P.Q. BOX 56 • BUS: 970-356-3020 • FAX: 970-395-0997
'1'iti 14 14f 1v I • EMAIL: WATER@NWCWD.ORG
98% of the purchase price paid by the applicant. If the meter remains unset for 13 to 18 months after the purchase date
and the applicant requests to relinquish the meter, the District shall refund the applicant 90% of the purchase price paid
by applicant. If the applicant does not choose to relinquish the meter within 12 months of the applicant
purchasing the meter and the meter remains unset, the account will begin to be billed the minimum monthly
amount.
11. The District's current usage rates and fees are shown in Table No. 3 included with this letter.
12. Water Surcharge. Water surcharge fees will be assessed when an accounts year to date usage exceeds the annual
water allotment. The District's current surcharge rate is $2.00 per 1,000 gallons in addition to the standard monthly
usage fee. Surcharge fees are assessed to recover the District's costs in obtaining additional water rights for delivery.
13. Rate Differential Charge. Effective November 1, 2015, the District no longer accepts water transfers.
14. The District's current Plant Investment Surcharge is shown in Table No. 4 included with this letter. Plant Investment
Surcharge will be assessed when an account's year to date usage exceeds the Plant Investment Allotment. The transfer
of additional water will not remove this charge. Additional Plant Investment Units must be purchased to increase the
allotment and reduce the Plant Investment Surcharges. These rates are in addition to the standard monthly usage fee.
The District hopes this letter provides the necessary information to facilitate progress in meeting the requirements needed to
secure water for the above described property. Should you have any questions or concerns, please let me know.
Sincerely,
c 'k.Q.f a.fL GO'1.4,
Leann Koons
North Weld County Water District
NORTH WELD COUNTY WATER DISTRICT
32825 CR 39 • LUCERNE, CO 80646
P.O. BOX 56 • BUS: 970-356-3020 • FAX: 970-395-0997
• EMAIL: WATER@NWCWD,ORG
1 — Tao Oottons and Requirements
Raw
Water
Raw Water
Storage Fee
Plant
Investment
Distance
Fee
Meter
Set
Fee
Water Allocation
(Annually)
228,000 Gallons
Plant Investment
Allocation
(Annually)
Full Standard
Tap
100%
100%
100%
-
100%
100%
228,000 Gallons
Lot Size greater than 0.33 Acres (14,375 sq !t)
75% Tap 75%
75% I 75% I 75% I 100% I [ 171,000 Gallons I 171,000 Gallons
Restrictions
Lot sizes greater than 0.20 acres (8,712 sq ft) but less than 0.33 Acres (14,375 sq ft) OR
landowners with verifiable irrigation rights or well parrnitsfor outside water use
50% Tap I 50%
50% I 50% 50% 100% 1 I 114,000 Gallons I 114,000 Gallons
Restrictions
Lot size less than .2 acres (8,712 sq ft) OR with a Board Approved Irrigation System OR a Board
Approved Commercial Enterprise
Conservation
Blue Tap
1100%
I
100%
0
0
100%
228,000 Gallons*
0 Gallons
Restrictions
If Qualified, taps may be used in combination with Conservation Tap (i.e. 50% Water with a
Conservation 0 Plant Investment)
'Gallons may vary depending on qualifying combination
A tap may be allotted more than 1 unit of Water and/or Plant Investment In this case the allotment is the class X 228,000
gallons = Annual Allocation. (i.e. Water Allocation 5 x 228,000 =1,140,000 gallons Annual Allocation)
Surcharge will be assessed when en account's year to date usage exceeds the Water and/or Plant Investment Allotment.
See P8 2 for Rates.
Table No. 2— District Tap Fees
TAP FEES (Assumed for Full Standard Tap)
INSTALLATION COST
Raw Water for One Acre -Foot Unit (AFU)
Effective 05/11/2018 $27,500
$26,000
Meter Set Fee Per Lot $10,100
Storage Fee Portion of Raw Water Fee
$1.000
Base Portion of Plant Investment Fee
$7,500
Distance Portion of Plant Investment Fee
(30 miles)
$9,000
TOTAL Up -Front COSTS PER TAP
(See Paragraph 6 for Options;
Cost excludes Line Extension Fee, Line
Reimbursement Fee, & Supplemental Fee if
Applicable)
$53,600.00 Full Standard Tap 1$37,100.00 Conservation
Blue Tap
Price is valid for ten (10 business d s from receivin this letter
Minimum Pressure
35 psi
Normal Pressure Range
90 psi to 100 psi
Maximum Pressure
115 psi
Usage Amount
0 to 6,000 gallons
6.000 gallons and up
Table No, 3 - Usage Rates and Fees
Charge or Rate Per Month
$19.74 Minimum
$3.29 per 1,000 gallons (Kgal) _
Table No. 4 — Plant Investment Surcharge Rates
0 to 456,000 gallons above the Plant Investment Allotment
Mare than 456,000 gallons above the Plant Investment Allotment $1.95 per 1,000 gallons
$3.95 per 1,000 gallons
NORTH WELD COUNTY WATER DISTRICT
32625 CR 39 • LUCERNE, CO 80646
P.O. BOX 56 • BUS: 970-356-3020 • FAX: 970-395-0997
1+.'4 11 11 i 11 [ aIM • EMAIL: WATER@NWCWD.ORG
Exhibit A — Meter Location
NORTH WELD COUNTY WATER DISTRICT
C P.O. BO)(:56
32825 CR 39
LUCERNE, CO 80646
z__ PHONE: (970) 356-3020 • FAX: (970) 395-0997 • E-MAIL: water@nwcwd.org
ACCOUNT NUMBER
NAME AND SERVICE ADDRESS
709006
ERICA ARNOLD
26746 CR 388
KERSEY, CO 80644
21
BILLING pow R
02/20/2018-03/19/2018
Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar
Previous Balance
03/15/2018 Payment - Credit/Debit Card
03/19/2018 Standard - Full
Current Amount
Total Amount Due
ACCOUNT NUMBER
709006
Prey. Read
NORTH WELD COUNTY WATER DISTRICT
_ I P.O. BOX 56
LUCERNE, CO 80646
PHONE; (970) 358-3020 • FAX: (970) 395-0997 • E-MAIL: water@nwcwd.org
3190
DETACH HERE
Water Class
70 % of 1.000 Acre Foot
Transferred Water
Allocation Adjustment
Less YTD Usage
Remaining Water Allocation
Plant Investment Class
70 % of 1.000 Acre Foot
Less YTD Usage
Remaining PI Allocation
P (KGal)
228
0
0
30
198
228
30
198
Curr. Read Usage Unit Amount
26.32
-26.32
3196 6 kgal 19.74
19.74
19.74
SERVICE ADDRESS
26746 CR 388
KERSEY, CO 80644
Any payment received after the 15th of
the month may not show on this billing.
Please note that all accounts are due by
the 15th of the month.
Return this stub with your payment
Thank you.
AMOUNT DUE BY: 04/1512018
$19.74
IIII'll'li.i.i.11l'II"II'IIIIlII"I'I IIl'I'I'll'IIrIIl 111111'1
*******AUTO"SCH 5 -DIGIT 80610 i›1490
ERICA ARNOLD
26746 COUNTY ROAD 388
KERSEY CO 80644-9612
AMOUNT PAID
IIIILII'I1'11111IIf11IIlIuI1IIlIIlIIIIIII.LII�l111lllll���lllll
NORTH WELD COUNTY WATER DISTRICT
P.O. BOX 778
Gretna, NE 68028-0778
000709006000709006000001974
Scanning Cover Sheet
for
Septic Permits
Permit #
Permit Type:
G19850127
Health I EHS History / EHS Conversion History
Situs Street Address 26746 CR 388
Situs City, State, Zip
Sec/Town/Range: 09 -05N -64W
Parcel # (12 digits)
096309400095-R2948504
Owner Full Name: PETERSON NORMAN C
Owner Address: 26746 WC RD 388
KERSEY,CO 80644
Contact Name:
Contact Address:
Application Status: Fineled
Application Date: 03/11/1996
Owner Phone #: 303 3527710
Contact Phone#
Information above has been Verified in Accela b em to ee noted below
x itJ
December 30, 2008
Processed by: Date
Report ID: EHS00024v003
Print Date -Time: 12/30/2008 3:24:58PM
Page 1 of 1
Ski
iu
�phu� 2nd Half Coupon
2
2017 taxes due in 2018
Return this coupon with payment to:
WELD COUNTY TREASURER
P.O. BOX 458
GREELEY, CO 80632-0458
(970) 400-3290
39012'134*}G50"0.932`*1/1'********AUT05-DIGIT 80610
R2948504
ARNOLD ERICA
26746 COUNTY ROAD 388
KERSEY CO 80644-9612
I!l"lllilllllltllli"III"'ll'llt"III'illllll"TIIII'I'llll'llf
AUTHORITY
WELD COUNTY TREASURER
� P.O. BOX 458
f;'i. GREELEY, CO 80632-0458
ACCOUNT #
R2948504
no NOT I'AV THIS DILL IF YOI1,il
MOIHTOAGL COMPANY VJII_I_ PvU1i(r I'I f Fi'fl.il ;'
TO AVOID PENALTIES AND INTEREST PAY ON OR BEFORE DUE DATE
SECOND HALF DUE BY JUNE 15, 2018
Retain this portion for you}' records
Make Checks Payable 70: WELD COUNTY TREASURER
POST DATED CHECKS ARE NOT ACCEPTED
REAL ESTATE PROPERTY TAX NOTICE
2017 TAXES DUE IN 2018
WELD COUNTY
SCHOOL GIST RET
NORTHER51 COLORADO WATER
NORTH WELD COUNTY WATER
PLATTE VALLEY FIRE
AIMS JUNIOR COLLEGE
HIGH PLAINS LIBRARY
WEST GREELEY CONSERVATION
TOTAL
LEVY CREDIT NET LEVY TAX
22.038
10.64200
1.00000
0.00000
5.17100
6,31700
3.25600
0.41400
15.aaaoo
0.00000 10.64200
0.00000 1.00000
0.00000 0.00000
0.00000 5.17100
0.00000 6.31700
0.00000 3.25600
0.00000 0,41400
NET LEVY = 42.60000
FEE
SPECIAL ASSESSMENT
GRAND TOTAL
$294.20
$198.15
$16.62
$0.00
96.28
$ 17.53
$60.63
$7.71
0
70.0
0,22
00
0.00
$7 3,22
SB 25- In absence of State Legislature Fund/ng, your School General Fund mill levy would have been 12.8840
LEGAL DESCRIPTION OF PROPERTY
PT SE4 9-5-64 LOT B REC EXEMPT RE -3738 (.77R)
Property Location: 26746 COUNTY ROAD 368 WELD
ACCOUNT # R2948504
PARCEL # 096309400095
TAX DISTRICT: 0743
VALUATION
LAND
BUILDINGS/IMPROVE
PERSONAL
TOTAL
SENNET EXEMPTION
NET TOTAL
$396.61
ACTUAL ASSESSED
$704
$233,842
$0
$234,546
($0)
$234,546
$200
$18,420
$0
$18,620
($0)
$'18,620
MESSAGES
#1 Making a Payment
#3 Payment Receipt
#2 Delinquent Payments
#4&5 Senior or Vet Exemption
If you donate $588.40 to the Weld County
Bright Futures Grant Program, you will receive
a $294.20 tax credit on your Weld County
portion of property taxes. Please write a
separate check for your donation,
PAYMENT
FIRST HALF
SECOND HALF
FULL PAYMENT
R2948504
ARNOLD ERICA
26746 COUNTY ROAD 388
KERSEY CO 80644-9612
brighten were: Launryr-
Sincerely,
The Bright Futures Board
970.356.4565
www.brightfuturesca.com
DUE DATE AMOUNT
FEBRUARY 28, 2018
JUNE 15, 2018
APRIL 30, 2018
$396.61
$396.61
$79322
ff you have sold this property, please forward this statement to the new
owner or return to this office marked "PROPERTY SOLD".
Please see reverse side of this form for additional information.
822 7th Street, Suite 215
Greeley, CO 80631
Weld County Board of County Commissioners
c/o Esther Gesick, Clerk to the Board
1150 O Street
Greeley, CO 80631
Re:Recorded Exemption Request RECX # 0963-09-4-00-095
Dear Honorable Weld County Commissioners:
I, Mrs. Arnold, respectfully requests to appeal the Weld County Planning Department's
decision to deny a recorded exemption for my property located at 26746 CR 388, Kersey, CO
80644. I kindly request the opportunity to address the Board of County Commissioners for
resolution of this request based on the following reason for variance.
The property is a 25 acre parcel that is zoned agricultural. My home is located on the
site. I wish to create one new parcel of approximately 5 acres, as shown in the attached
Recorded Exemption Application. This property is located to the east of the confluence of the
South Platte and Poudre Rivers. The great majority of the property sits in the 100 year flood
plain, as shown in the attached map entitled "Arnold Property, 26746 CR 388". I wish to create
the new parcel from the easternmost portion of my property. While this lot is below the 35 acre
threshold for a recorded exemption under Weld County Code, the fact that this property sits
almost entirely in the 100 year flood boundary effectively limits further exemptions and makes
subdivision of the parcel impractical. Granting of this variance will not result in urban scale
development, but retain the rural residential nature of the surrounding community. I greatly
appreciate the Board's consideration and requests an opportunity to present this variance in
person.
Thank you for your consideration in this matter.
Erica Arnold
Submit by Email
Weld County Referral
May 29, 2018
The Weld County Department of Planning Services has received the following item for review:
Applicant: ERICA ARNOLD Case Number: RECX18-0075
Please Reply By: June 26, 2018 Planner: Michael Hall
Project: TWO LOT RECORDED EXEMPTION (DENIAL)
Location: SOUTH AND ADJACENT TO CR 388; APPROXIMATELY 0.65 MILES SOUTHEAST OF CR
53
Parcel Number: 096309400095-R2948504 Legal: PT SE4 SECTION 9 T5N R64W LOT B REC
EXEMPT RE -3738 (.77R) of the 6th P.M., Weld County, Colorado.
The application is submitted to you for review and recommendation. Any comments or
recommendation you consider relevant to this request would be appreciated. Please reply by the
above listed date so that we may give full consideration to your recommendation. Any response not
received before or on this date may be deemed to be a positive response to the Department of Planning
Services. If you have any further questions regarding the application, please call the Planner
associated with the request. Please note that new information may be added to applications
under review during the review process. If you desire to examine or obtain this additional
information, please call the Department of Planning Services.
We have reviewed the request and find that it does / does not comply with our Comprehensive
Plan because:
We have reviewed the request and find no conflicts with our interests.
See attached letter.
Signature
Agency
Date
Weld County Planning Dept. 1555 N 17th Ave, Greeley, CO. 80631 (970) 400-6100 (970) 304-6498 fax
Submit by Email
Weld County Referral
May 29, 2018
The Weld County Department of Planning Services has received the following item for review:
Applicant: ERICA ARNOLD Case Number: RECX18-0075
Please Reply By: June 26, 2018 Planner: Michael Hall
Project: TWO LOT RECORDED EXEMPTION (DENIAL)
Location: SOUTH AND ADJACENT TO CR 388; APPROXIMATELY 0.65 MILES SOUTHEAST OF CR
53
Parcel Number: 096309400095-R2948504 Legal: PT SE4 SECTION 9 T5N R64W LOT B REC
EXEMPT RE -3738 (.77R) of the 6th P.M., Weld County, Colorado.
The application is submitted to you for review and recommendation. Any comments or
recommendation you consider relevant to this request would be appreciated. Please reply by the
above listed date so that we may give full consideration to your recommendation. Any response not
received before or on this date may be deemed to be a positive response to the Department of Planning
Services. If you have any further questions regarding the application, please call the Planner
associated with the request. Please note that new information may be added to applications
under review during the review process. If you desire to examine or obtain this additional
information, please call the Department of Planning Services.
We have reviewed the request and find that it does / does not comply with our Comprehensive
Plan because:
We have reviewed the request and find no conflicts with our interests.
See attached letter.
Signature BPascoe
Agency Zoning Compliance
Date
05/29/2018
Weld County Planning Dept. 1555 N 17th Ave, Greeley, CO. 80631 (970) 400-6100 (970) 304-6498 fax
MEMORANDUM
TO: Michael Hall
FROM: Diana Aungst, CFM
SUBJECT: RECX18-0075, Arnold
DATE: June 12, 2018
PROJECT:
2 -LOT RECORDED EXEMPTION
PARCEL: 096309400095
DELINEATE ON THE PLAT:
Show the floodplain and floodway (if applicable) boundaries on the map. Label the floodplain
boundaries with the FEMA Flood Zone and FEMA Map Panel Number or appropriate study.
PLAT NOTES:
1. A Flood Hazard Development Permit is required for all construction or development occurring in
the floodplain or floodway as delineated on Federal Emergency Management Agency (FEMA)
FIRM Community Panel Map # 08123C -1575E dated January 20, 2016 (South Platte River
Floodplain). Any development shall comply with all applicable Weld County requirements,
Colorado Water Conservation Board requirements as described in Rules and Regulations for
Regulatory Floodplains in Colorado, and FEMA regulations and requirements as described in 44
CFR parts 59, 60, and 65. The FEMA definition of development is any man-made change to
improved or unimproved real estate, including by not limited to buildings or other structures, mining,
dredging, filling, grading, paving, excavation, drilling operations, or storage of equipment and
materials.
2. FEMA's floodplain boundaries may be updated at any time by FEMA. Prior to the start of any
development activities, the owner should contact Weld County to determine if the floodplain
boundaries have been modified.
MEMORANDUM
TO: Michael Hall, Planning Services
DATE: June 19, 2018
FROM: Hayley Balzano, Public Works
SUBJECT: RECX18-0075 Arnold
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): 096309400095
The project proposes to: Two lot Recorded Exemption
ROADS AND RIGHT-OF-WAY:
County Road 388 is a paved road and is designated on the Weld County Functional Classification Map
(Code Ordinance 2017-01) as a(n) collector road, which requires 80 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.
County Road 58 is a section line. Section line right-of-way does not exist in all sections in Weld County and
should be verified before a decision to utilize it is made. Weld County commonly refers to these locations
as "Non -Maintained Section Line Right -of -Way." The existence of a physical road does not imply public
right-of-way and the road may be located on private property. All right-of-way should be verified and
physical roads located in relationship to the public right-of-way to ensure trespassing does not occur. The
applicant shall verify the existing right-of-way and the documents creating the right-of-way and this
information shall be noted on the site plan or plat. The applicant shall delineate on the site map or plat the
existing right-of-way and physical location of existing or proposed roads. If the right-of-way cannot be
verified it shall be dedicated or an adequate easement between property owners shall be provided.
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 the physical roadway(s) may not
be centered in the right-of-way. This road is NOT maintained by Weld County.
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
use of an existing access point on the southeastern corner of the property for proposed Lot A does meet
the spacing criteria. However, it does not meet the code requirements for a shared access for a recorded
exemption; access for Lot A and Lot B shall be a shared access. There appears to be two access points
for Lot B. They do not meet the spacing criteria for a Collector roadway and one of them shall be closed
and reclaimed to come into compliance. Questions concerning access requirements can be directed to
Public Works access permit division.
Per Chapter 12, Article V, Section 12-5-30.B: An Access Permit is required. For new accesses and/or
change of use of an existing access, the fee and photos are required (Access permit instructions and
application can be found at https://www.weldgov corn/departments/public works/Dermits/.) 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/Public%20Works/Engineering/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.
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 388 is a paved road and is designated on the Weld County Functional
Classification Map (Code Ordinance 2017-01) as a collector road, which requires 80 feet
of right-of-way at full buildout. The applicant shall verify and delineate on the plat the future
and 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. County Road 58 is an unmaintained section line right-of-way. The applicant shall verify and
delineate on the map the unmaintained right-of-way and the documents creating the right-
of-way. All setbacks shall be measured from the edge of right-of-way. This road is not
maintained by Weld County. Any unmaintained road needs to be located/identified in
relationship to the right-of-way. (Department of Public Works)
3. Show and label the preliminarily approved access point(s) and the usage types as
described in the Public Works referral memo. (Department of Public Works)
4. Show and label a 30 -ft. minimum access and utility easement to provide legal access to
the parcel on the plat. (Department of Public Works)
5. Show and label the section line Right -of -Way as "CR 58 Section Line Right-of-way, not
County maintained" (Department of Public Works)
DEVELOPMENT STANDARDS (NOTES ON THE SITE MAP)
1. The property owner shall control noxious weeds on the site. (Department of Public Works)
2. Weld County will not replace overlapping easements located within existing right-of-way or
pay to relocate existing utilities within the existing County right-of-way. (Department of
Public Works)
3. All access and utility easements are dedicated for the benefit of all owners of lots depicted
on this plat, including owners of future lots created therefrom, regardless of lot configuration
or number of users, and without limitation of the use or intensity of the use of such
easements. No lot owner may install a gate or otherwise impede the use of such easements
without the approval of all persons with rights of use of such easements. (Department of
Public Works)
4. Access on the site shall be maintained to mitigate any impacts to the public road including
damages and/or offsite tracking. (Department of Public Works)
5. Prior to the release of building permits, the applicant shall be required to submit a complete
access application for a "preliminarily approved" access location as shown on this plat.
(Department of Public Works)
6. Any work that may occupy and or encroach upon any County rights -of -way or easement
shall acquire an approved Right -of -Way Use Permit prior to commencement. (Department
of Public Works)
7. The historical flow patterns and runoff amounts will be maintained on the site. (Department
of Public Works)
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: Ben Frissell, Environmental Health Services
Date: June 21, 2018
Re: RECX78-0075 Applicant: Arnold
Environmental Health Services has reviewed this proposal to exempt one lot from a 27
acre parcel. Proposed lot A will consist of 7 acres and proposed lot B will consist of 20
acres. There is one existing residence on proposed lot B. Proposed lot B is serviced by
an existing North Weld County Water District (Meter No. 709) and an existing septic
(G19850127). Proposed lot A will be serviced by a proposed on -site wastewater
treatment system and a proposed tap with NWCWD.
The Environmental Health Services Division recommends the following:
Prior to construction:
1. If residences or structures requiring water and sewer are constructed for
proposed lot A, Weld County Septic Permits are required for septic systems and
shall be installed according to the Weld County On -site Wastewater Treatment
System Regulations.
Prior to recording the plat:
1. The installation of any septic system within the 100 -year flood plain shall comply
with the Weld County OWTS flood plain regulations. In accordance with the
OWTS Regulations, no septic systems shall be installed within the floodway.
Please contact Weld County Planning Department to verify flood plain vs.
floodway.
The following should be included as notes on the plat:
1. The existing septic system may be within the 100 -year flood plain. The
installation of any septic system within the 100 -year flood plain shall comply with
the Weld County I.S.D.S. flood plain regulations. Specifically, if the septic tank
lids are not above the flood plain elevation, then the access to the tank manhole
lids must be covered with 20 ml PVC and sealed with plumbers cement. In
addition, a one-way valve must be installed on the effluent line between the tank
and the absorption field. Therefore, any future pumping of the septic tank will
require that the tank lids be sealed prior to backfilling, and any future upgrade of
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: 9/0-304-64 16
Environmental Health
Services
Tele: 970-304-6415
Fux: 970-304-6411
Communication,
Education & Planning
Tele: 970-304-6470
Fox: 970-304-6452
Emergency Preparedness
& Response
Tele: 970-304-6470
Fax: 970-304-6462
Public Health
the septic system will require that a one-way valve be installed on the effluent
line.
Submit by Email
Weld County Referral
May 29, 2018
The Weld County Department of Planning Services has received the following item for review:
Applicant: ERICA ARNOLD Case Number: RECX18-0075
Please Reply By: June 26, 2018 Planner: Michael Hall
Project: TWO LOT RECORDED EXEMPTION (DENIAL)
Location: SOUTH AND ADJACENT TO CR 388; APPROXIMATELY 0.65 MILES SOUTHEAST OF CR
53
Parcel Number: 096309400095-R2948504 Legal: PT SE4 SECTION 9 T5N R64W LOT B REC
EXEMPT RE -3738 (.77R) of the 6th P.M., Weld County, Colorado.
The application is submitted to you for review and recommendation. Any comments or
recommendation you consider relevant to this request would be appreciated. Please reply by the
above listed date so that we may give full consideration to your recommendation. Any response not
received before or on this date may be deemed to be a positive response to the Department of Planning
Services. If you have any further questions regarding the application, please call the Planner
associated with the request. Please note that new information may be added to applications
under review during the review process. If you desire to examine or obtain this additional
information, please call the Department of Planning Services.
▪ We have reviewed the request and find that it does / does not comply with our Comprehensive
Plan because:
❑ We have reviewed the request and find no conflicts with our interests.
▪ See attached letter.
Signature
Agency Platte Valley School District Weld RE-�i
Date June 1, 2018
Weld County Planning Dept. 1555 N 17th Ave, Greeley, CO. 60631 (970) 400-6100 (970) 304-6498 Tax
E Glenn McClain Jr. Ed.D.
Superintendent of Schools
Platte Valley School District
Weld RE -7
June 1, 2018
Weld County Planning Department
Attn: Michael Hall
1555 N. 17th Avenue
Greeley, CO 80631
Litliararal
RE: Two Lot Recorded Exemption- RECX18-0075
Erica Arnold
P. O. Box 485
Kersey CO 80644
Phone: 970-336-8500
Fax: 970-336-8511
Email: elm:cl aiam:gr.p\ re7.isrg
The Board of Education of Platte Valley School District, Weld RE -7 passed the land dedication, cash -in -lieu
policy at the March 13, 2000 meeting. This policy addresses new developments and recorded exemptions
that would affect the district. The policy is specifically intended for land use that will create a new residence.
A cash -in -lieu payment of $750.00 is required for each new residential lot. It is the interpretation of the
district that one new residence could be established with this recorded exemption.
This policy is an effort to assist the district in mitigating the increasing capital cost of growth. Please forward
this information to potential land developers and individuals requesting to establish a new residence as part
of their site -specific development plan so that they may make arrangements with the school district to satisfy
the requirements of the policy.
The district also requests that the land developer contact the school in regard to transportation. As the
intended use is for residential development, consideration for a school bus stop needs to be examined. Please
contact the district office with specific access locations and student transportation needs.
Please contact my office if you have any questions.
Sincerely,
E. Glenn McClain, Jr., Ed.D.
Superintendent of Schools
pursuing excellence for all
RESOLUTION
OF THE
BOARD OF EDUCATION
OF
PLATTE VALLEY SCHOOL DISTRICT RE -7
WHEREAS, growth in residential land development and the construction of new
residential dwellings within the boundaries of the Weld County School District 1r2,E-7 (the
"District") necessitates the acquisition of additional public school sites to accommodate
the corresponding increases in student populations; and
WHEREAS, requiring land dedications for public school sites, or payments in
lieu of land dedications will provide a portion of the land to meet such demand; and
WHEREAS, planning departments within the various local governments that have
territory within the Diltri.a iontinnly rr,frr,tpplittiliuu faCitijg 1013pw development for
review and coirtments concerning the adequacy of public school sites and facilities; and
WHEREAS, local governments are encouraged and authorized to cooperate with
other units of government, pursuant to Section 29-20-105, C.R.S., for the purpose of
planning or regulating the development of land, including, but not limited to, the joint
exercise of planning, zoning, subdivision, building, and related regulations; and
WHEREAS, in an effort to promote further cooperation between the District and
other local governments in connection with the issuance of residential land development
approvals, and in the mitigation of the impacts of such residential land development
approvals on the District's ability to provide adequate school, the District has determined
to adopt a uniform policy with respect to its recommendations to such local governments
in the referral process; and
WHEREAS, the District has determined that the mitigation of the impacts of such
residential land development approvals should occur through the dedication of land for
school sites, or the payment of funds in lieu of such dedication; and
WHEREAS, the policy set forth within constitutes a reasonable and uniform
method of ensuring that new residential construction and residential development bear a
proportionate share of the cost of public school sites acquisition necessary to
accommodate the educational service capacity demands of the residents who will be
living in the new dwelling units;
NOW, WHEREFORE, the Board of Education of Weld County School District
RE-? hereby results as follows:
1. Cooperation with Local Governments Encouraged. The ability of the District
to provide adequate educational opportunities for its student population is dependnt
upon, among other matters, the availability of adequate land, or in the alternative the
availability of funds to purchase adequate land. Since the approval of residential land
development applications by local governments with territory within the boundaries of
/the District substantially impacts the District's ability to meet its obligations to the public,
the District shall encourage and request that such local government entities refer to the
District all residential land development applications for review and comments
concerning the adequacy of public school sites and facilities. Further, the District shall
encourage and request that such local government entities consider the District's'
comments in conjunction with the review and processing of each individual residential
development application, and cooperate with the District in regard to the mitigation
measures established in this Resolution. The District shall promptly review the referred
development application and promptly submit its comments, recommendations and
requests consistent with the policy set forth in this Resolution, to the appropriate local
government
2. Land Dedication Requirements. In connection with any pending or new
application for residential land development to any local government with territory within
the boundaries of the District, the District shall recommend and request that the following
land dedication standards be imposed by such local government as a condition of
development approval, except to the extent that the District, through its Superintendent or
designee, has determined that the best interests of the District would be served'by the
payment of the fees set forth in paragraph 3 hereof, in lieu of such land dedication. Land
shall be dedicated to the District in an amount equal to the greater of: (a) 10 percent of
the total size of the approved development, or (b) calculated at the rate of two acres for
every 1,000 new residents reasonably projected by the District for the development.
3. Fees in Lieu of Dedication. In the event the District, through its
Superintendent or designee, determines that dedication of land is not in the best interests
of the District, the District shall recommend and request that the following fees be paid in
lieu of such land dedication, as a condition of approval of the development application by
the local government. The fees shall be calculated as follows: (a) $750 for each new
single-family residence; (b.) $585 for each unit in a duplex or triplex; and (c) $420 for
each unit in a multi -family structure other duplexes or triplexes.
4. In -Kind Contributions. The District shall be authorized to accept in -kind
contributions in satisfaction of the requirements set forth in either paragraph 2 or 3
hereof, provided that such in -kind contributions represent a fair equivalent in terms of the
value which would otherwise be realized under the policy set forth in such paragraphs.
5. Land Dedication Procedures. In the event that the District determines that land
should he dedicated to the District, the District shall recommend and request that before
recording the final plat for any development, that the local government require proof that
the property owner has conveyed title to the District by general warranty deed, free and
clear of all liens, encumbrances and exceptions (except those approved in writing by the
2
District), including, without limitation, real property taxes, which shall be prorated to the
date of the conveyance. The property owner shall also provide a title insurance
commitment and policy in an amount equal to the fair market value of.the dedicated
property.
6. Fees in Lieu of Dedication Procedures. In the event that the District
determines that fees should be paid in lieu:of dedication of land, the District shall
recommend and request that before recording the final plat for any development, that the
local government require proof that the property owner has either paid in full to the
District the applicable fee based on the total number of residential units proposed for the
development, or alternatively, that an agreement has been signed between the District and
a party in interest acceptable to the District which provides for a means of payment of
such fees upon such terms and conditions as the parties may mutually agree upon. It
shall be an acceptable method of payment, for purposes of such agreements, for the fees
to be paid as building permits are issued_
6. Exemptions. The District has determined that the following types of
residential development do not have an adverse effect on the District's ability to provide
adequate educational facilities; accordingly they are exempt from land dedication
requirements or fees to be paid in lieu of land dedication: (a) alteration or expansion or
replacement of a residential dwelling unit not exceeding an increase of 1000 square feet
over the existing dwelling; (b) assisted living facilities for the elderly; (c) construction of
any building or structure intended for and used for limited terms stays, including by way
of example and not by way of limitation, bed and breakfasts, hotels, family -care or
group -care homes, hoarding or rooming houses, nursing homes, hotels, motels or
hospices; (d) construction of any non-residential building or structure; and (e)
construction ofany residential building or structure classified as housing for older
persons, pursuant to the Federal Fair Housing Act then in effect
7. Use of Funds. The District shall hold or deposit in trust for public school sites
all lands or funds it receives in connection with the application of the policy set forth in
this Resolution. With respect to funds received, the District shall use such funds solely
for acquisition, development, or expansion of public school sites or for capital facilities
planning, sites acquisition, or capital outlay purposes. The timing, nature, method and
extent of such planning, acquisition, development or outlay shall be at the discretion of
the District.
8. Accounting for Dedications or Fees. The District shall cause to be included
within its annual audit a summary and description of the status of receipts of land or fees
in lieu of land dedication, so that full disclosure of the District's activities with respect to
such receipts may be made public.
9. Further Actions. The District hereby authorizes its Superintendent, and such
other employees, agents or consultants of the District as the Superintendent shall so
designate, to proceed to contact local government entities with territory located within the
boundaries of the District in order to inform such entities of the District's adopted policy.
3
Further, in order to ensure the Long-term integrity of the policy set forth in this
Resolution, such parties are authorized to proceed to negotiations with such entities
directed towards achieving a formal written agreement with respect to the cooperation
between such local governments and the District
ADOPTED THIS 13 DAY OF Ma rr, 2000.
PLATTE VALLEY SCHOOL DISTRICT
WELD COUNTY RE -7
444
By: President, Board of Education
ATTEST
e ft) y7/d/
By Secreta:y, Board of Education
4
May 29, 2018 2018
Michelle Wall
Weld County Dept. of Planning Services
1555 N. 17th Avenue
Greeley, CO. 80631
Subject: Weld County Planning Department Referral:
RECK18-0075
Dear Michelle,
Thank you for referring this application to the Town of Kersey. This property is located within the Kersey Planning Area. The
current land use designations are "Parks and Open Space" for the portion of the property within the 100 year floodplain and
"Undetermined Use" for the remainder of the property. The Kersey Comprehensive Plan also delineates a future, regional trail
connection along the river corridor. The plan is also very specific regarding cooperation with landowners to determine the
appropriate use of their property at the time of Annexation. This property is not eligible for annexation to the Town of Kersey at
this time.
It is our understanding that this applicant is appealing a decision to deny this application for a Recorded Exemption. The Town of
Kersey has no conflict with this request. However, we would request that if the Commissioners allow this application to go
forward they consider requiring the applicant to reserve a corridor along the river for a future trail. Please contact us if you
have any questions.
Sincerely,
TOWN OF KERSEY
PC)14.bOVA 6-r tif46'
Barbara Brunk
Town Planner
Town of Kersey PO Box 657, Kersey, CO 80644 (970) 353-1681
Submit by Email
Weld County Referral
May 29, 2018
The Weld County Department of Planning Services has received the following item for review:
Applicant: ERICA ARNOLD Case Number: RECX18-0075
Please Reply By: June 26, 2018 Planner: Michael Hall
Project: TWO LOT RECORDED EXEMPTION (DENIAL)
Location: SOUTH AND ADJACENT TO CR 388; APPROXIMATELY 0.65 MILES SOUTHEAST OF CR
53
Parcel Number: 096309400095-R2948504 Legal: PT SE4 SECTION 9 T5N R64W LOT B REC
EXEMPT RE -3738 (.77R) 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.
El See attached letter.
Pt pr,,rime-r,
Signature l : )1q4
Agency Town of Kersey
Date
61 s11/018
Weld County Planning Dept 1555 N 17th Ave, Greeley, CO. 80631 (970) 400-6100 (970) 304-6498 fax
Submit by Email
Weld County Referral
May 29, 2018
The Weld County Department of Planning Services has received the following item for review:
Applicant: ERICA ARNOLD Case Number: RECX18-0075
Please Reply By: June 26, 2018 Planner: Michael Hall
Project: TWO LOT RECORDED EXEMPTION (DENIAL)
Location: SOUTH AND ADJACENT TO CR 388; APPROXIMATELY 0.65 MILES SOUTHEAST OF CR
53
Parcel Number: 096309400095-R2948504 Legal: PT SE4 SECTION 9 T5N R64W LOT B REC
EXEMPT RE -3738 (.77R) 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: _
We have reviewed the request and find no conflicts with our interests.
fl See attached letter.
Signature
Agency DISTRICT
WEST GREELEY CONSERVATION
Date
///yr//fl
Weld County Planning Dept. 1555 N 17th Ave, Greeley, CO. 80631 (970) 400-6100 (970) 304-6498 fax
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Submit by Email
Weld County Referral
May 29, 2018
The Weld County Department of Planning Services has received the following item for review:
Applicant: ERICA ARNOLD Case Number: RECX18-0075
Please Reply By: June 26, 2018 Planner: Michael Hall
Project: TWO LOT RECORDED EXEMPTION (DENIAL)
Location: SOUTH AND ADJACENT TO CR 388; APPROXIMATELY 0.65 MILES SOUTHEAST OF CR
53
Parcel Number: 096309400095-R2948504 Legal: PT SE4 SECTION 9 T5N R64W LOT B REC
EXEMPT RE -3738 (.77R) of the 6th P.M., Weld County, Colorado.
The application is submitted to you for review and recommendation. Any comments or
recommendation you consider relevant to this request would be appreciated. Please reply by the
above listed date so that we may give full consideration to your recommendation. Any response not
received before or on this date may be deemed to be a positive response to the Department of Planning
Services. If you have any further questions regarding the application, please call the Planner
associated with the request. Please note that new information may be added to applications
under review during the review process. If you desire to examine or obtain this additional
information, please call the Department of Planning Services.
We have reviewed the request and find that it does / does not comply with our Comprehensive
Plan because:
We have reviewed the request and find no conflicts with our interests.
See attached letter.
Signature Brandon Muller
Agency Colorado Parks and Wildlife
Date
6/20/18
Weld County Planning Dept. 1555 N 17th Ave, Greeley, CO. 80631 (970) 400-6100 (970) 304-6498 fax
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Exhibit A
Proposed
Lot B
This map is a user generated static output from an Internet mapping site and is for
reference drily Data layers that appear on this map may or may not be accurate,
current, or otherwise reliab e
THIS MAP IS NOT TO BE USED FOR NAVIGATION
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Notes
CERTIFICATE OF CONVEYANCES
STATE OF COLORADO
COUNTY OF WELD
Land Title Order No. ARNOLD
WELD COUNTY
DEPARTMENT OF PLANNING SERVICES
The Land Title Guarantee Company (TITLE INSURANCE or ABSTRACT COMPANY) 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:
LOT B, RECORDED EXEMPTION NO. 0963 -09 -4 -RE -3738, ACCORDING TO MAP
RECORDED APRIL 8, 2004 AT RECEPTION NO. 3169085, BEING A PART OF THE SE114 OF
SECTION 9, TOWNSHIP 5 NORTH, RANGE 64 WEST OF THE 6TH P. M,, COUNTY OF
WELD, STATE OF COLORADO.
CONVEYANCES (if none appear, so state):
Book 1623 Page 622
Reception No. 1568260
Book 751 Reception No. 1673472
Book 839 Reception No. 1761029
Book 839 Reception No. 1731235
Book 856 Reception No. 1777923
Book 964 Reception No. 1887471
Book 1598 Reception No. 2540196
Reception No. 2883962
Reception No. 3027547
Reception No. 3188330
Reception No. 3866150
Reception No. 4170000
Reception No. 4314778
This Certificate is made for the use and benefit of the Department of Planning Services of
Weld County, Colorado.
This Certificate is not to be construed as an Abstract of Title, nor an opinion of Title, nor a
guarantee of Title, and the liability of Land Title Guarantee COMPANY, is hereby limited to the fee
paid for this Certificate.
It Witness Whereof, Land Title Guarantee COMPANY, has caused this certificate to be signed by
its proper officer this 23rd day of April, 2018 at 5:00 o'clock P.M.
LAND TITLE GUARANTEE COMPANY
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Iiet:orded AUG 2�81962 • a;: ���Ia
Reception No.1�3. 8'7)€! ANN spa irg Recorder.
P$ett,Mad. tltie 28th day of August
year of our Lord ono thousand tithe hundred and Sixty --two between
ROY BOEHM
of um County of WELD
Mawr', and FAY M. YETTER and ILA JEAN YETTER
in the
and State of Colorado, of the
of the County of WELD and Slate of Colorado, of the
cscand part:
WITNESSETIts That The said party of the first perk, for and in consideration of the cum Of
Ten Dollars and other good and valuable considerations••---•-741474ZAKK
to the said party of the fitbt part in hand paid• by the sate yarticg of the second part, the receipt whereer is
hereby conksted and aehnowlcdped, h,.S [treated, hargriied, sold And conveyed, and by these presents do
grant, hers f, ae1E, convey and confirm unto Rte setd parties of the second pert, la pose »m in 'means)/ in cOnttoon
but in fain' tenancy, the su;vlvar or them, their assigns and the Metre end assigns of etttt; survivor forever, all the fol-
lowing described lot or parcel u1 Sarni, situate, lying' soil hang'tu the
County of WELDend State of CnEorode, to- trit;
The E 1/2 of the SE 1/4 and the R 1/2 of the E 1/2 of the DI 1/2
of the SE 1/4 of Section 9; the SL 1/4 of the NE 1/4 and the E 1/2
of the E 1/2 of the W 1/2 of the f+1 1/4 of Section 9, lying South of
the right of way of the O ilvy Canal, all in Township 5 North, of
Range 64 West of the 6th P.M.; together with 12 shares of the capital
stock of the Ogilvy Irrigating and Land Company and together with all
water, water rights, ditch end lateral rights belonging or in anywise
appertaining to the above described property and'used for irrigation
of the above described land. Together with a 7 1/2 H.P. Westinghouse
Motor Serial No. 17743, and a 51 Dennitlg Pump, No. DC 194644.
Except an undivided ore-haa.f of all the minerals and mirlaral rights
as contained in Geed recorded in Book 1247, page 475, Weld County
Records.
TOGETHER at'ilis ail and singular the Irerechtatttcpts and ep puneuanecs ilhtreuntq bet eeging. or in am trlt•c
�ppco l„inlag, and dro rave: iivrt and rvverliers, remainttcr anrr renulnders, rents. reties and Itretirs thereof: and
all iqc estate, eight, eldc, $rtterecl, etviait and dotard what otest of the Bald port y el the Iarst pert, either is
late ar ctivity, cf, fa terse! to the above bargained 4rentises, the hcseditarncnls and a llurrenu;cct.
TO. ILAVE ANC) TO BOLD floe :[aid premises above bargained at+d described. with a ep'3rteianres, auto ti1c
said rdes or the teeouil part, the surnls"tr 01 Chem, their assigns, cod the heirs and assi„ nc of visit 6ur.iver for-
ever. And the laid salty of the fever pert, forhiilt sett ,hi r heirs, exeCitors, and edminlueacors, doeS
covenant, yam, bargain and agree to and will' the said pal -lea of the second part, the survivor of thorn, their
ceei607 arirl the heirs nod assigns 0f rKlt survivor, Brat et the, time of the tns<sling nod ,letiecrilug CF there pn reams,
he is "sell seined of the promises agora convcycd, us of goad, lure. correct, attodute and indefuasible estate
of inlinritance, in law, in fee -simple, and has goad right, lull power arrd taufui natlter•fty to grant, bargalt+,
sell and convey{ the eater to vintner and farm aforesaid, and that tlir tame arc free and clear (i 6n+ all former and
other grants, bargeiics, tales, Iicnt, lanes, assessments and inctrmlmoicc# 4f whatever hind or nature cream:
Except Taxes for 1962, paylble'in 1963 and thereafter; inclusion
within the boundaries of The Northern Colorado Water Conservancy
District, the West Greeley Sell conservation District and the Platte
Valley Fire Protection District; rights of way fox ditches, roads,
and public utilities established on the premises.
and the above traTganKd prernive5 in the quiet and praceakrlc le±cciyion 01 rice said iearliee or the sceci,d part, the
survivor ei chore, likely assigns a,ld Iloc heirs and a'•shbe,c of suett r0raivQr, egalnur all and every per50U er per5M,s
IawfuRY clai77oitis pr to claim the u'It,•Ic er any part ti.tt craf, the laid party of the first parr shall God Will
WARRANT AND FOiaENER DEFEND,
IN WITNESS WHEREOF, the said part y
seal the day and year first above written.
of the first part,{,c?
1
Signed, Scaled and Delivered En the Presence of
:mounts, 6ei his hoed scud
(SEAL)
._.—.,�..�.�_..._....._....._�, (SEAL)
_(SEAL)
.r
5TAT.,E pF•CQIC3
.8a:4AO, s The foregoing instrument was acknowledged before me tide..,. ,B.tF!......day of
.,,. ' •:. I f',- %'. AUC�USt..�__.--- 19 by-.�P� a0. al ��J
- --- .......
, r e. _ . e',' r Wit:ncss My Hand and Official ! _.- --- --__�._ _.
.. ;' My Coromieefan Rxpires—'---L)--
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yiA„taxAMtY !N'P.Et7— a joint Te names TriLunc, ireeley, Cnior.1do.
SEIM, Inc. LG S1CL15975 wt 1388766-1962.001
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1i wiloWoble OF 1L WNW Mimi OW li li WA wows* to poem lb. Y..
valid IT UN Olio& iaMrilowo its lover a lb4 lbs karAraliro Jar I d i.al
.alal.. la "Ada iia .Mn r.sul imola i had ar Wasiak, brow... d lie Wkoottr
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rod Il lai.atiaro 1 Booth of rho eight.
' of the Ogilvy Canal. all a 1aitallip 3 1loxth,
Liam Ilk Wort a the 4th fad.; 1oirthos with 199 sharer
tiva capital stook of I)fl;+ry 'titivating and Land
ComPoliton. addtticelriln a ii b.iiaaows 11■.tiaahnurs
lister and a i!w Leah voodoo t'wl oef.00hrlf the rlrssal
el;ht.i bold is joiat t.sasay wILh U. J.aa Prater.
Doled al Diatom Colorado,
Dula W. Dorata.
**mom Good of card►
I
1111% tip .
Aade Arrow Brwi
frrdai Wan, _e r immae. I. rr olio oil Ow ark W Aerie le rep Y
"WA Ow M+ws+M S Ir11a1w
•
r
r
•
S[CLD, Inc. 14 SI(I.15975 WE 1566260.1971,001
SKIM, Inc. LG SKL15975 WE 1673472-1975.001
751
eu�+r
•--ILA JEAN KANE, formerly ILA JEAN yETTER, and
RAY O, KANE, husband and wife- •-
.x
Rermdcd nl'rlwk, .`{...Y, .. DG'1...a.1. 1�J ....
Ilrce,der.
woo 1201 East lath Street, Greeley
County of weld- , Mato 01
._---Colorado. , fee the aoaeidn,Atloe of ether good
and un tub bid cone ideas Lion and Tan And no/ 104•
slollnrn, in hand paid, hsraby *epees and convoy pre. to
CLYDE WELCH and COLLEEN R, WELCH as joint tenants witG right of
sovivorshlp and not as tanante in common -
whale addreoo la Route 1. Ker any , CoenLY or
slow Do^.umoulnry Pen
, and State of ----Colorado---- the following real property to the
County of Weld-- , wad state of Colorado, to wit:
A tract of land in the southeast Quarter {6Ei1 of Section NLno 04 Township
Five (5) Nor th, Range Slaty -four {641, West of the 6th 1'. M, , YFSLD COUNTY,
COLORADO, home more pirti efatly dorcribed to follows: Conoidering the
Eliot lira of the said Soot -heave ctoawter to boar tooth d0+03'50" Fact and ,.it
other bearings ralattva thereto:
teeinnin4 at the Sout:heset Corner of said Section 9;
Theme North 59.4,7'51" West 1,654.22 feat;
Thence Nath 00°00'00" Fast 1,692.37 feet to a point on the tun toeing
of the 'Misting Coast ygoad;
Thence southeast along said centerline the following courses and distances;
South 57°15'24" Feet, 561,7a Esett
Thence South 61°12'01" East 500.(F1 feet;
Thence South 65.14'00" East 730.75 feet to a point an the East lino of
said Section 41
Thence South 00°03'50" East 810.24 Feat to the pO1N'X OF WINNING;
Fl
I
' with all its appurtenances, and warraat(A) the title to the earns, anbJeci to rights- of -way for
�t road* and ditches, oil and gee leases, reservation* and restrlettene of recacd and
1975 real property taxes and assessmente which shall be paid by grantees.
Signed this 27th day of October , ,1975 ,
ii)aean 1{am, formrrYy lln'aanatnr, wi4ul
STATE OF COLORADO,
•': it uk County of Weld
e gtideke:Detrerreet Woe acknowledged IAarero me thin 27th
e�j'i, ��ysa�ooboe , ,10 75 , by Ha Jean Kane, formerly 11a Jean Yetwr, wife,
-"t r li,t.1tezt, husband.
.03y cammllyrgn oreirrm July 8, 1374
Thlil tai eA tlty.iCptd And oHk1Ot out.
{Roy O. k4a unhand)
�A h.
Ny4n rv,lp
fie, lei, WemWi Pat —lug l l., •Arr.0AI r.ilk,us lkI,1111n,... Mod, 0,,0.1 Wand. -fl
SILD. Inc. LG EKL15975 WS 1761O2s-1976.001
3; ,`A1'i,^.
eft'
1.1. IM ..., 01.1 Ann !1011.41 ,•lwde
BOULDER BOARD OF REALTORS a -I
SPECIFIC PEHFORMlArrcE CONTRACT
[f4ESfcsiiriAlj is rill. 25
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051410401 Wald •{}yud9,Nnll•
Attached Exhibit A
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of cloud as hgralf provide -Se Ferachser
hereby agzaua to obtain • first loan In the alnalint of G'1S, 069 at turns
latlsfe4otory to P11>rahlaar, This contract la contingeot upon perchesur
pbtafnieg the arore said lours. If loan is unohtelnakle ar terms ern not
satisfactory. this amitt att la nail and Vold.
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MELD, InC , LG s;Q.15975 ME 7.761029-1976.002
839
EXHIBIT A
1761029
3-
d:trrart of laud is tba southeast 1/4 of 9eatisa 9, Township S Berth, amass 64 hilt
. , of :•.thee Rh >•.ts:, County et. li4Xd, Stete of Colorado bales more particularly d.earthed
as' Hllawt••
• Cois1darias the Cast 1.lae of slid Seatbeaat 1/4 to bur South 00403'50" fast.asd sal'
.them boom b$ rsiativs tberoto;. #esieatoo at the sesthseat Comm et Hid section ti
tM.oe North 49°43'33." you 1■6S4,22 hit; theirs North 00°00'00" Last 1,692.37 Hat
to, I pieta rel,l i.tbs sr.eemOa of a satiating
Cary llaadt them*iestheaat aides sold
°meserltss,the lollamixs toweere and dietennms; South 57°15'24" iaat,.341.7$ fart'
.ci.Streiter� 3t 61°72'02" East 560.02 fat; thence loath 63413 '00" last 736.75 f.st to a
point en the lost limo of sold grottos 9i-tbsnee South 00°03'30" Last 410.24 toot to
the !.Smut of lssiasirs.
S1Q+D, Inc. LG StC15975 WE 1761029-1978.003
s.,
contract 'is further contingent upon the followings
Seller agrees to satisfactorily transfer all water rights
belonging to said land to purchaser at closing, said water
rights to include one share of the 4lgby Ditch Company.
Seller agrees to provide and pay cuatomary coat of a current
improvement survey verifying 46.265 acres and showing all
Improvements, Including any well locations, with no adverse
easements end/or encroachments. -
purchaser is aware the subject property is leased tothe
Boydaons and will accept delivery of deed subject to this
tenancy providing seller agrees to assure purchaser that
said tenancy is in good standing and there is absolutely no
outstanding obligations due by either tenant Cr landlord
between each other.
Seller agrees to provide the title -ineurance policy through
commonwealth. Land Title Company►, 1840 Folsom, Boulder, •
Colorado ,80302.
Seller is aware purchaser and/or assigns are licensed real
;eaetate agents.
SKID, Inc. L13 SKL15975 WE 1761235-1976.001
1?'6J,2y7ati .....-.-.- Y.. !, ftIRR.�EIri..Rroaear r.
a`e11eh....fk.M......,,...JUL ,Z..G..lie
.._._... _._....
ohicOi AR,e RYAN'.
CLYDE WELCI! end COLLEEN R. WELCH
N`�, Count, v Pontotoc d Hoak of
OsN2thr fool mid 11114, a ld
DALE DOYDSTON and CHERYL M. D0YDS'ION
whose address is 29740 Weld County Road #3de
al oho Town of Kersey elealY of Weld wet tide, of the .Nord Derlt
WITNe:313KTll, ohet girt aatd rye leg of IA. anti goo, tor•nd In e.n.Worarlorof LOP P.WPP 0i
fdOL4AR8,
Other valuable consideration and Ten one] no/100
Ie env maid part COP of U. 11rre pan to hood polo! hr Ike .,,If pad hag of 11N areo.d or+e. L" rcetlpl wirraaf h
beret raflrr.tld a„ d aehnavirdeod, ho re s-ranlo.l, i,nryol9-4 rid nod eoaaaaa , .,f I,Y them. preaenie Js-
Brant, iaTavla. mill. to N!0 .hd s+.rid rn 0.010 Lhr mold nunlr. of eh. .o..r4 purl. lhele heir, nod npais-al IONIC h. Old
LM1Ivrunerr!n19otoobet I.[sinelrr,iiw,.01wilefeljoo1no; .00iNOM lot or rural .rland,1lldatr.Ipwn1ant
bolos- in Lila C9or, tor of IiELD Pad SEala of Colo ft46.W wli:
TCGLTNE1s *11% Igo end •JOYoir ole heredlonnwele cod oppdrtena.ev Iherruo-hi 1..101Alog. cm' to Poi/P.114
opprnafalnx, she reeerelon and rd.et116n+ Ter.lieder and rem.lader.. tootle hint and profit. thereof: end 611 It.
1r!drl, right, •.LLIe. tale roar clvlin end 4 o0.ltd whamortmor or the raid DWI 1E.i ml bhr flit P. r1r at -1'1r lit low 1,
ei r11lIo .i, In and to trio nlaoo Iarrdead .rernhrn. omiti, The knrnS+wneal. anJO prrdrrl,.rdtr.
TO 11rt P E AND to Hato the .or 1 prosier. sb0,. i S.roodarJ end dva.- eed...le1. Ian apnanrnanere. rule 4hv lad
p.rlk. doer .eeond pert, Ingle heirs- and u)lima fa ern r. And rheeeid peel igloo of the fling rorl, fen thefLl—
wlYp$. their hewn, catcroruri, .nl odininiµrororad. nr,arnl,ywnt.hivrlalapnd Pyra. L. rnd,ritU
One wig parildr of leo eeennd p.rl, ISoli heid. grid 1I OWL }OIL no she olme or tim ,,mono l hg end delivery of Ihsie peel
nil they are all Napa. Of Mg pNmllee &woe tome wed. Pr of geed, sure, marfeei, abroldlo and Ind.fea.lhir
e.,nte ofinhrtlt. er. to I•w, In foe elrnpl,, and h.Vd 6aod .lo4l, full pore+ Pod I.Dla 0 italloy ma rani. loop.
rela, loll ;red censer too ems In na;Mr n.J faun afal,Mld. and Heel lb..,.ee are free and elder froar 611 Sono.,
and paw Rrin1.. Ixrs-ri0•..P1e•i nano, t.r't, .rarl.lnpnl one aoae, lir.ncrl of wheel Fro irked a, 1.atr.a w.edr5,
subject to all existing roads, highways, ditches, utilities, canals
pipelines, power, telephone or water linos, and rights-or-idaynd
ea1Ls its tiierefer, no of record} and to the I.Dla taxes, payable
anti i 56,1i barrr•Ined pr MU. In lirego.t and oo:keba1.pe.ee•,len el Ihr .mod p• KIPP of it. Herod a.rt, thole
h.Iro sod eattroa, naalhmt nil end 0+0011' Domes or par iv,' iraluilj ci,Ln.NK or to efeim Orr +A*..c vor pall Lkaee.t,
Or add COTt tell el Iht PAL rid( aha11 and Will WAR RAVIAM) FORERSn Ul;l'f:en-
IN WITNEBB WILI:R1:OF lira old meet Wee or the lint port ho Ye' hcr_delo nit hottione • oil
alai B lira day end sear fist sieve wriNa6-
alt[erd,6.Aida.tdaerlvor.dfnthrPr000rdo f �zi-
Coy. a orris -
day rf July
rd.. Ill. waterer nett T. jam r...y• 1<,.ar..d„unlllor..I.w I Iare+u. rwrN. lu>u101: —1•n
SKID, Inc. IA SEL15975 WE 7.761235-1578.002
A tract or land in the Soutllonit Quarter (Sqi) of Section Nine
(g), Tewnehip Piva (5)' North, Range Sixty-four (riq) went of the
Oth P.61., Veld County, Colorado.haing leoro partleularIy dc-
strlhad as f4110ht9r'
Coaeidering the Poet line ai the said Southeast Quarter (81511
to boar South 00°05'50" Soot and all other heartnge ro:ativo
thereto;
Miginnins of the 2tuthoeit Carnes ai acid Suction 8 -Monte
North 09ad3'31" Want 1,GG4.2C Ik rt; thence North OO°OO'OO' Eavt
1,082.37 toot to • point on the upnteri}n° of the cal -sting County
hoed; thence 84uthsest,aiang o.Le Centerline the .allowing
eoureee OJbO diatancea, South o7°2l'i4" lest, SGi.78 font;
t)hr44c Bouth 01022'02'' Fust 580.02 footF thence South 65014'04"
Riot 718.74 Feet to 4 pntnk an rho i"a0i lino of said Sootipn g;
thence South Spoo3'S4^ Cast 810.21 her. to the Poihl Of 146'10010g;
TO ether with one (L).chore of the capital stook of the Ogilvy
Ditch Company and a1i other water water rights, ditches ditch
rights and easements end righto-of-way appurtenant thereto;
losothor with pii cquipmwii tixtureB and improvomout0 thereon
EXCEPT the enu-inch anchor rod, ono 1 brush hog, one (1) disk,.
ono (l) Float, one (1) hpyrack, ono 1 shower stall. one (I)
Sion -cart' and the remaining sucker rod of any dimension not
used -to ederplote the corrals under construction.
SKID, Inc. LG SICL15975 NZ 1777923-1979,001
I.Itd 1,I1 RONALD U. I'tl3IFUlIY
.< II* 01ty mull 0AMl.t 11mlI11sr .ndmit..1
Worlds, d ddAru ran, d
mti.r, IM)rrrs'InY [ILIA SNriFyh PI, Ill FS-I!ti'lY�\ _
1IIWFL L' lltll ll'CAA La weld
L:+i111 L�' ldl. �f i1M
h 1, �c,�, i'e.rl1r IfcLII eat del. o[
lt.kr.da.er ill 1-.113 pa,
WITXT,62 tit tbn IL ad Tan y N %A4 }{r.1 MN, r8r and i. Lannee4 t1 itlM NI601
btho-r v111uu{Fla Civil di tit ill 1. rc urFn4 'Pau [u nl hu/lr - - - - - - pOLLI II .
a Ur add prl Y of Lb1 lira part In Lad lae br tlo add rand ra .1 w atrrld pad. or .Dahl erhva,f
A hanbf..aten.d add WaortledRl , la 11 Budded, raeued, lull e.nael.d .lid QUIT QLA111117, W It
uw.Insetsd.ei nnl...+Ilea+.p1Le.Rr..odQUIT a1.A1M anlaIi.Wdpan for .1tha.n+dw..
their 4.0g walar.. gad hrarar..A tA. 4e7µ IkU. l.al+.L..I.h..nd &o w todti uw anld'
Ia.t y[ r Mr MA NA ban ti .ad b ri. [tLnrrt.i d..,r>5.4 W u panto H and Ynw, Illy O.+
hal.rh lL Wamtrw 113 LII Wpr.+.B40,,a .dc.Leri4:
A trivet df Lund in the Sod thernret i.lrter (ti6µ) ut SeEll lid, Niue (U),'
FnlrnahLp Five (3) Nwrth1 Um c S1rty-Iuu1' (hl) trenl nr the (ith
L 'old Cauntyn- Col 111,11,1p bed rig al.r1, liar' cflkrrl4 '1p.m.I'INBA ILE #LlILdkd;
Cvnu£dsring tlw 81st flue (rr 4144 „IILI! H+I,rtlnciii IHI,u'tcl' (Sl.14) to
Iimr South QI U3'5{1" Erna ;II.l tell ulhal fl wlIii,,Kh reka etl Yc iherrtLY:
bm tIi;Iiwg ut Ilse $nutheuat GrrruCI' iIl :01111 SeV lk nom il; {Irence forth
H9m.13'51'' Fipat l in..I.-22 reel; tlieas a Nnr1.11 pEFu{IL}LLrlp" Emit k,l:p:;.,;7
7441 t0 U pnitlt nu Fhc ce;,teri lun wf (lie ctit L1nj Cdir.ty Nn atl• thc,U
SwUthc,lrt nloI1g 40111 urntt,'1lne. thie rillr11w111y; rhlll',e1: utIO d171tones;
S outh 57415,24 .IE1 .7P reri; lhencp Ru{116 l; lir�t'E11' RrFst .'l4iilJ
rest; tlleltcc Smith li 3'r.E-I11s1" i.sat :-n,7„ I'C4t Us a Irll ' t nn the F•4it
it'll! ui' 4.5111 SOCtiCh ']: I real. LIP
7114 114111. hr kreglun.Lrig;
7YIgetlier with uue (1J alrmo or the cullttw•1 mot* ill the Ogilvy
Ditch Curhpurly Owl nil litho+ w[rter, wales' rights, .1Ltuheal ditch
rights aliIF crvtydcnt8 Iur1 r•Lgbirs_ul'—wllp IUpuricmu,i therein;
To BAYS AND TO POW 114 onne, Iapttre Willi all ..d .land.r u. appal.a.lrn .ee pehlial . W.aNi
,.,.aloe ar in oral.. the.m,t. .Haratalan, a.d al the ,.lue, NON trin, I.I1m' aM antra rhat.t.nr,
rad puny at 1Lm prat poi, Want a k...e rptir, t+ lie 1147, mire 415k, h.n.ft ah4 1.1..! Ot tin
µelan pr th....id pat, till!Flwl./ it'd arlimTBI-r.r
111 w 'vitas war r,Tb...14p.r+t .[tb.n,,. la.4 I Ili. I.nd
of sad iirl darxd l.arerM.Ixlt.'r{11aa
u 14..1 LL;'r1it rx W aa,!^,II"'.n1. ar.r".` "..'-��r:,iut,M.: °' Lr rr 14i..e.r ,l'a. E Se=er' �:,1—rr
S'.r.n. °"'(P.1' .+""I:�*.mL ILI'�r�+'rr,raa,�s.r.,..r..�Y,r-r..
lf., 1317. Ii,rx rem p1I .•rr..o.. rwr`.1. ... IMAM .x1111.4
A1O687471
1{eceprion 1Vu. .
8 0964 REC 01887471 113/31/132 16:46 $6,(•}Q 1/002
F 47:44 NARY ANN 1=EUERS1EIN CLERK b RECORDER WELD CO, CD
aiiid7i /13ced.�G]
1141.9 DEED is a awl i.' nca at toe reef yreopaily C9fcribad below. Including Roy Improvemenll Eno OINOf aPPPr191111 el (IM
'pr0p.rlit1 from the lemeaduella}. earppniion It1.9irInh rehiPHi, eflenytI ea} n,madbelOwao r3RANTgR fa Lh.Indkridu ll IlI
Cr60Littelleid. named below as OFIANTEE.
ThtGfiANTOf botarwablieendcanowy-fhbpropertylaIh0GRANTeeefl0IhaQliAra7ORwerrgnl9The1111916143pwpetty,
aaeapw rat Eli ma'am a1 the banalIE plopsliv lanes Ica the yon Wails Once, which. IM S3RANT E£ wilt pay (2) a11y 9asemarta ar 9
a 1011• *F•way intern al retard 3D1 any pitenl to laical loss Add 9lrraPUonl;41 any au In ending min arm nloralel shown of record 15}
any pralocl ira comp -mole and r,ilrkltans sewn el retard. and IS) any iddrllon of !Colima a horn Delos rrhder'AddH lom9l W.raenl
Exceptions'
The Specific Term. of This Deed Are;
Creation (ONO nlmN,f and pl,nlil el tow dam a. 11499 spaoam al 'hi dwrrul•01.alaf.i piney 1,119(1 Deed to Mamas hamialaa6 r19M1, IMMnalr
p lalCay ea 9u,band and wile r
DALE BOYDSTON AND 5NERYl. M. BOYDSTON
animal 10149 nainHll and odalisllaal• abdamanl at addlidl. Mortaring aaillbli r0td 0,111191 nwhbaf, la redhint I
NORM; C. PETERSON AND MARGARET J. PETERSON
26746 NCR 388, Kersey, CO, 80644
Form of Co-Ownerahlp; III 1h91tin,we 0r male Olonitia n.m.a, lhry w,0C. son 1111099 bill. as Ina obi In common anima MO Yalta NI
;alnl (inanity' Cl wards Cl Mt l iron mnsnlnp re added N IM WIld Mldw 1
joint tenancy
Properly De 'Motion; pr,awde county aria etelt
see attached exhibit "A"
Property AdOrei.: 26746 NCR 388, Kersey, CO
cometalaallon: ITN. r,:i.e.nlal a dAeaf irnt,Jnl .. 9191014: adequate co re awarbtl of t,=tdes4wdlaa praWtalat wheal, (htil0nll9lncen
INn y ..1 .9 a oat m My tale N,, GMr,yMCA n iota,,,,. kW bind a,r:. * ..cl.l
Eightf nine Thousand Five }Eundreel one! on/ LOO ($89„.500.0-)----- dollars
ReaerysUons. ..rd.oi nee 11119. 6AAHFS7R•nrannetoi,lsa errany+11Du93nitepapallyo•leClorawI, ,91t wnt,drdmaD9A TOF9
.... II lid mom .1.4moamstEErSr•pnlel 1101 prdpady melt 0porabnula .ndeiflan.l
Stale Documentary Fee
Dolt MR,3.1.,iN3?_
Addlilanel Werrinfy Receptions; elnc1uda derail et true (woe assumed end o19M maliaa not cdyw9d MOVII I
E.lauler by the Graeae, an March 31 _ _ 19 B2
stemma cusp for Corporation, Putmr91119 4r Mldclollnni
Nome el Omar: Co,pdrahlM, Pomerania or.l„oeialrtn
6y
By ...ear
ti.rr1'i I,
''S#yk7E i�r ppADQ �.Sco l as
.cripN3Y y 'tic;dC r 1
Ile'w,1dle n truant ra, acknowledged Wore me ors 31st ah• Ol M4rch .'I., 82
Nd.•'•, tp l:CR�c6Vdr"ran and Sheryl 1. Boydaton
hryi. hear Latrank,w teal
..+�•a.� �W August 23, 1984
STA1E QF 1 a9.
GOUNTYOF I / 1221 8th Ave., Greeley, CO
ihm btlpnmp Miamian. no .aiaowfedped Woo ma (Ma day dl , 19
By.
{' alma Indlrldual Grimprlil aryl fv,hfc`V Ceupaf.lgn. Pa aUNrl Mp w p.mcu(fon.lhamd,arflyytgral I II yisldanl Gr ocepr1ldeldMndilalalwyor
awh.nnl laenl,ay 91 grepma,lan, on al aa.in.r1.7 0l parinulhlp: Of 9f iWhailnd mvnb,rlb) 0 .l,P...1en I
CI Draw
WITNESS my hand .rid oPleal pal.
My derai.F59h9 .,phis:
Otra9kl
Fbl.r. rublls
Netay IMAM
■ 1591 IIPOL7e LEGAL FORMS
P .O or IBIS- Greeley, Cslar.do Man
goal 5994399
MO. 109
8K W, xrla. LG SKL15975 WE 1887471-1982.001
p 0764 IEC .01 Q87474 03/31(82 16:46 106,00 2/002 '
1755' MARY ANN FEUERSTEJ;N CLERIC ti RECORDER WELD CO, CO
EXHIBIT "A"
A tract of land in the Southeast Quarter (SOO of Section Nina (9), Township (5)
Nort3a`, . Range Sixty-four (64) Neat of.the 6th 'F.M.,..: Wald .County, Colorado,, being,
more particularly desoribed.se follvwe;
Considering the Each line of'the said Southeast Quarter (SE4)'to beer. South
00°O3'50" test and all other bearings.relative theretol
Beginning at the Southeast Corner of said Section 9; thence North 89°43'51" West
1,654.22 feet; thence North 0O°OO'OO" East 1,692.37' feet to o point on the
centerline of the existing County Road; thence Southeast along said centerline
the fallowing courses and distances: South 57°25T24" Eaat, 561.78 feet; thence
South 61°22'02" East 580.02 feet; thence South 65'°14'DO" East 738.75 feet to a
point on the East line of said Section 9; thence South 00°03450" East 810.24
feet to the Point of Beginning.
Todgt IEiR with one (1) shore of The Ogilvy Irrigating And, Lend Co. stock: -
F
SL4+D, Inc. I.G Sia.15975 WE 18B7471-1962.002
1
0 /46
D.P.
$29.50 The Spur UK Ttrins of rail Decd Are;
Crosier: Or rvvn(i) lad phcdA W miles@'' If the @posse ores owner -rancor h jaguar le Oda Dad to release hamrlesd rules, Wady gramme r
!.+band led wife.)
NORMAN C. PETERSON AND MARGARET 3. PETERSON
Warranty Deed
THIS DEED In a conveyauce of the tt'tl pttpc3ty de wilted below, Including way lrrptorenleare and viler apperieosucas (gx
"properly') from the individual(s), carpemclan(a), p5mmrs ip(dl. or Wier anlily(i') Hemel below iv GRANTOR w the individuals)
or entity(ter) camel brie* ed G(tAMCM-
Tho GRANTOR beadry mils and cr set,' the property to I)i 91ih KIS;B gird pre GRANTOR warren 4 doe title In the properly, assopa
fur (I) Ria Ilan Pr tee gener*l prnperey canoe fur the year of rise is deed, which the GI Aafi'M will MY (2) any ewe tuner' end ri8lar'.nr-
way Shawn. of record (3) krf gratcal ra'arvallona Ind Mtptiant i4) any '*standing coronae) intends shown, of trope) {3) oily
pr rrcdoe covenals and resukuoru shown of 'stead (6) EAy Milli "oral manors Shown. below ender 'Add Hanel Warmly Ravepaione,
and {7) orbJcci w btdlding end 'AMOR Icgu1allnni•
Granlae, (Dies 'name(s) and eddraa(a): miasmal of address, wslueles walbble rod or ram oonWaJ
ROBERT EMMFI T JORDAN AND CARRIE WHITELEY SORDAN
26746 WCR 386, KERSEY, COLORADO 80644
Yoram of Co -(l i abap: l 1 uSxr no mu re mans glum faux they wtn be tawdslo1'a l we as *awns in comma anises she 'anal 'in plot
!emery' cc la4ad3 of ter am mrann see seeded In the spare bedew,)
JOINT TENANTS
Property Dntt4pilon (include cane, and mere,)
SEE ATTACHED EXHIBIT A
Property Address: 26746 WCR 388 KERS1 Y CO 80644
C/,AdarwAms file rwe,as as dot rearm is spoors', *same esseAsoewo nor grin ear WO ba prem1l rim Ur mirror! rr Ideedled
r a t�airitt r any are Ell Coo roam is '}wank, frail ash uoeatdhlo L)
TWO 1tU&DR13D FW Y FIVE THOUSAND AND 00/00
Rwrntllens-Regik*lotlrc Rr the GINMYOR Nmda to 'serve any ii*eral in the promo, or to convey iaa dun is vxood, or Wee GRANTOR It
tierkenaa the mortars dean b JaeprgPcro•, risks ap fcgri r ledladta•)
GRANTOR RESERVES ALL OIL AND OAS RIGHTS
2540196 6-1598 P-662 09/31/1997 10:23A PG 1 OF 2 REC ;cc
Weld County CO JA Saki TeukamotO Clerk IC Recorder 11.00 25.5D
Addlllare) Ws..rny FacepNweu (lsrkds deda a resat being rammed and ogler ''aurae eat comet atom.)
Esatuud by the Omer oa , ) 997
Sfanwfara for Cbrporsllas. Parreabip or AaiM14t1am
Mart of Oraomr, Corporation, Perirwrhlp or Aallclarinn
By
By
Anse':
lialaTtA DO ) r_
r WELD
fo it n( war rckmwiedged befusc me ads 28t1e day of MARCH, 1997
• 1 ER.NON AMY MARGARET J. PETE SC] l f
'pry i
;+4S'S, my, hest'd y1 oTReiel nit
Me 6n�rr�ialEr,aiptr 3: NOVEMBER 13, 1999
TATS OF
COUNTY OF
The 1brtrgoles listrtuaent was acknowledged betas tee Ens
By'
('come inelvidoc Marengo) nt 1r &um, l@ C0 rporellar, Psrmeah(p or Arilicladda, than Identify Adam M prsrkee or vita ptesldea VW meteor,
at starred rxawry of toapninilnn, or In paaee{a) of otmKrnhip: a m authorimd arrdser(d d as seehWee•)
rare for ,• Ilr1'
NOWA , C P
MA APELFj15ON
100937.14 AVENUE WURT, STE 101, GREELEY, CO 80634
day 0t
wr111(GSs my hand and official sal.
My arsudrloa osplrwl
-14ueoy Pei6he
p 1991 UPDATE LEGAL FORMS WCFC No. 201•L
Ste` Inc ._...,,�—
LG $KL15 S9'WE 25.41.01.9—j:1-14:7.001 —
EXHIBIT A TO WARRANTY DB=
DATEDc MARCH 28,, 1997
GRANTOR: NORMAN C. PETERSON AND MARGARET Jr. PETERSON
GRANTEE! RO88RT EMMWTT ,TORDAN AND CARRIE WHITELEY JORDAN
A tract of land in the Southeast Quarter of Section 9, Township 5 North, Range
64 West of the 6th P.M., Weld County, Colorado, being more particularly
described as fol7dvwe: considering the Saut line of the said southeast Quarter
to bear South 00 03'SU East and all other bearings relative theret❑l
Beginning et the Southeast Corner DA said Section 9; tlsanea North 69'47'61"
West 1,654.22 feet' theeCt North 00 DO'49' Rapt 1,692.37 feet to a point on
the centerline of Cho existing County Road; thence Scett�ast along said
centerline the following CoursCH cold distaneeu; South 57'25.2V East, 561.7
feet; thence South 61022'02" Fast 500.P2 feet; thence doath 6e14'00" Fast
738,75 feet to s paint ou the Bast line: of said Section 9; thence South
00 03'SO" Rapt 510.24 feet to the Point of 8eginning-
2540196 6-1598 0-662 03/3111997 10123A PG 2 OP 2
SWIM, Inc. LG S3CZ.15975 WE 2540196-1997.002
I1111II111111111111FIIIlFillIII111till)1111111111111111
0-= jfi42810.00 09fYup137il0 Weld Cooly CO matt
WARRANTY DEED
TH19 DEED, Made this 13th day rtf September , 2001,
Women Robert Monett Jordan and Carrie Whiteley Jordan
of the County of Weld , end Slate fl Colorado
of the first part, and Pamela A. Howard
e vaporetto]) duly c gaeired and esiemg under end by virtue, alb; Lew. pf the
SW: -of Colorado.urine atwndpart, whose {egg addresct.. 1503 Ruisaehe Avenue, San
Antonio, TX 78201
wars .Nlli1R,'fhat the rail) party of the first part, for and in consideration of the arms of THREE illllapREU
S EVENTY FIVE TNWSAND AND NO/100
DOLLARS, ($775,000.00 ),
W the crud party of the rift{ ra (.3n harti paid by the said party of the recnnd pall, the reedgl whereof i3 bushy corlfeesa+l end
seknuavledgW, has gronracl. l,sar,ainad, auks anm1 toniesy.ed, and by dress frrccenu does grant. bargain, avll. utpvxy kuulk,nufural.
rag, th6 seitf poly or'(he;canal pmL i4; a cr:esi is end wuigrie fbeever, ell the lid lowthg deccribta doIli) to paraeltsl IA rand,
Inutile, tying and being to the Caus5cy of Wu 1d , and State of Colorado, to wt:
See Description attached hereto and made a part hereof.
also known byablest and number re 267+16 Wald County Road 398, Kexeey, Colorado 90644
Toi*ltTHEN, with ell Am singular the bercddentera and appurtenances Wedeln° 15eicleging• aS In atywL5e Waite ming, add
till reversion and reversions, remayrtdor and remataden, ennui, Eaavu Irbil proiirz;hereof, and all the estate. righL IitJi, interest,
alarm and danaid wboreaoter of the said parry di the first pert, eLinu in low or equity, or. fn and et the anal- hecgltned premises.
with Ilia krercdltarncntl axl appurtenances.
Tif NAVE AND TO HOLD the ref prmueai above,nergained mad doac3ihed, vrllh the appurunanrea, unlu the eaki perry of
the second pat. Ili ilICC4Sakfl ant[ utigns Iurever, And the alit) party of thefret pert for himself. Inc heirs. execultua, and
a m.badraturs, doss pr eensot, grant, hIgaie mid Neese to stet WWI.Isla void post). of Ilse second part, ire xucWtaor3 aid Li" g"'
that al Om tithe of the enraging and dellveiy of Ihcil pr{eanit, be IA wadi as lard of the prat uscr starve cocirtYed. as of a loud. see,
perfect, rtb►olute and inrhfeaotbke eel ere or inhnlibtnsw, la Ian, he fee simple, ml has god rlbht, roll power and lawful nidttrriiy
io giant, harcein, cell and tai4Vay ins acme in re armor and form aforeenld. end Wet the tame err A e old clay froth all ft,reen
and tier grorntt, bogainn, solar, Linn., lases, escesrmcets. oncernbraneea cud xalrictionc ur whiLevor kind el nature .horror•
except for hits for Ilia current year, a lien bet not yci due almd payable, easements, teterl ode as, user vellnus. sorrow-tls
add rights-orway of record, trusty .
and due ahaYe-beigaitaed prcautaes In the i i$iel _cd pee -Liable nosiersioc of the avid yatty of lie .trod pill, its suaxeleura eel
amigos. again) all and rusty parrnra or persnrr !t !ULly oilski d; or It client the wools of any Pill Lhasa ef, 'hail and will
WARRANT AND FOREVER IJ FBNI).
The singular number shall in cluda the plural, the plural the ainiiuler, and the nee of any gander shall Inapplicable to all ganders.
1N W IT141iiIS WhlERI•K21r, the acid pally of the first pal has hereunto eel his hand and loll the day end yew first above wlitterl,
Signed, Sealed and Dellvlled in the Presence.
no rt"fn1nntt
or -clan
STA -'9 OF c c [A) tom' DO
COUNTY OF WELD
T)ilium¢umginriNaltntwaractniovtledradbeta 3th day Or September , 2001, by
Ru LerC 6mmatt Jordan and dart
CO
in Whiteley J • {darn
MyCommisnionnapless: blovember 16, 2001
my h t,,• _ official see
Notary fu is
Anne I. Radecki
Warranty iimd ta Caapteedaan l Wu R eekeyeDhle Recent) ploconIn
▪ ' Ia I L.S55a27RP1
SKID, Inc. LG efat15975 WE 2883962.2001.001
111111111111M Illltl IIi 11111 if11111111I1 X111 Ilil 1111
2ed33sa? CV17i2e01 01:26P JP eild Taaokamato
2 DT 2 R 10.00 D 37,00 Weld counTy C0
26746 weld County Road 388
LYQa.X. DBYCRsrrXon or DUD DATItn
Septoaebar 13, 2001
A tract or land in the Southeast Quarter o₹ Section 9, Township 5 North, Range
64 West of the 6th P.M., being more particularly described as follows:
Considering the East line of the said Southeast Quarter to bear South
00'03'50' Bast and all other hearings relative thereto;
Beginning .at the Southeast corner of said Section 9; thence North B9443'51'
West 1,654.22 feet; chance North 00'00'00• East 1,692.31 fest to a point on
the centerline of the existing County Road; thence Souchaaat along said
centerline the following courses and distances; South 57'25'24" last, 561.78
feet; thence south 61'22'02' East 5B002 feet; thence South 65'14'00' Toast
738.75 feet to a point on the East line of said Seotion 9; thence South
DD'03'50" Bast 810.24 feet to the Point of Beginning,
County of Weld, State of Colorado
ie aRlS!Aeaa
SKIM, Inc. La STCL15975 WE 2883962-2001.002
111111111111 dillll 111#11111111111# 11111111111Illl IIII
302?547 111121/2003 113:07P Weld County, CO
t el] fl UN 0 0.00 Sine Moreno Clerk & llsoar4er
QUIT CLAIM DEED
firms Lump. M ode alie 2/1 tk sayer January 2003
batwew Pamela A. Howard
otlheCounty of Weld indStateat Colorado
of the firs! put, and
Pamela A. Howard and Eben Howard
whore hreal ddtew le 26746 Weld County Road 388, Kerney, CO 60644
of Ilse County of Weld and Stele or Colorado of Ilk° termed Fern
WITNESSS'rlL That the wdd early of the rust pert, rut end in nunaldarolion of Mum of TEN ANC NO/ 1110
DOLLARS, ($10 , 9 0 },
in tine eaLr1 p.ny of line fk.1 put le :rend pesd by the s.IJ perhes of the second I.•.1, 11.e romlpt wkrc.rlr 3. iiaieLy wvlb.axt ,ioi
enkrroarkilied. lint reut1icd, emienied. eeid. and QUIT CLA1n113O, end by throe preevni dust routho. ICLeaf°. Inn. Wu;
QUIT C)-DiM unlit the said parikt of the errand pan, lint in teniuH:y xll Gniitinnn but in joint bait kef, the. eurvivur of Ion,
tlrch ;utigas Dud Ills bar cud 'ranger of steel. IUrIlver jow'er, ell 1111 t1get. i14Ic, iIuerrrt, claim rod demensl .0117 9
the 11311 .oily of Inc runt part hit le end eo the la:owing rktarlhdd anti) of pereelle}of'Lind. innate. Lpit1B end I(In1. In 1iu+
county of Weld , .Ini Sw1a ul Clllorillo, to wiL:
A tract of land in the SouE5esot Quarter of Section 9, Tawnehip 5 North, Range
64 Weat of the 6th F.H. tieing more particalarly described ae follows[
Caneidnring the Feat line of••thi'eal.d Southeast Quarter to hear South 00°03'50"
ofsaiddSuctionh9Y bearings thence Northative 99'43'51'r'eWeetH1.54.22 feetor ; te henceeast Northcorner
00'0D'00" East 1,692.37 feet to a point an the centerline of the existing County
Road; ihorice Southeast along said eonterllnu the following courses a1bd distal -teen
South 57°25'24" Eliot. 561.78 feet; thence South 61°22'02" Suet 580.02 feet;
thanes South 63'14'00" East 736.75 test to a point on the Eo9t line of Maid
Section' 91 thence south 00°03150" East 810.2x{ feet to the Point of Beginning
County of Veld, State of Colorado
Mtn knewnbyWetland number no 26746 Weld County Road 388, Kersey, CO 80644
1O HAV 6 AND TO HOLD the timne, together with all mid tinge:4r the epeoflennueo end prrrl;epee ILwieunta halanging, or
In mywlie IhaTtualU ,pfiif taiuing, end el: the eslale, right, title, iiitcr.as, and duiln whetcuevar, of the send prtsy of the full peel,
either !n iUW Or cgUILy, unto laid pudel if Lite ers1LII pull, Ile* tinviVTI Of 1311:11, tialr 144, io, 1'1O 1110 heir. 1'x1 alai filD of awll
survivor forever.
Tee singular
IN WYSN
oda the yha:ed, the plviel Ills aiagald. hid the use of any geodes Fluid be applicable to ell senders.
staid party otttm (till pail hat hereon:n Rat his hand end stai (be dun and yam Finn ebe YC wrilell,
11TATAQF COLORADO
ee, 14y Gamma* E* oea 1u152]O3
COUNTY IF WELD )
The foregone@ Inoollolenl was acknowledged before me IIIi7 2, — TA, day of January 2003 , by
Pamela A. Howard,
My Commiuion ekpuoe: I — ( "Q
QIRP CLAIM befra • Wining Trewlt IOTDIWII
SicLD, Inc. LG SKL#.5975 WE 3027547-2003.001
FkIcts/S.Il1l Iuell2
111111111111 II1I1 IlI11 I1111111111111I11 III 1111111111111
3288334 48l10f2DQI 83{i3P Weld County, CD
1 of 1 11 CCP U 52.58 Stevt M011IID Clerk 8 Ai:MI:16r
330 -----
WARRANTY DEED
THIS DEED, Made this 3rd day of June
between Pamela A. Howard and Eisen Howard
, 3004,
or the County o.E Weld and State of Colorado
granuu,mn4 Roger A. Olsen and Sandi M. Olsen
whom legal eddresais 26746 Weld County Road 388, Rerxey, Colorado 80644
ate County of Weld and state of Colora34 , planked:
WITNESS, That the grantor, for and w coruitkratiam Of the feat of THREE HUNDRED TIAIMITY FIVE
THOUSAND AND NO/10D
--_D{]LLAAS.5325,000. it ),thnreceipt and
al -mercy of which is hcivby ace owiedscd, has granted, bl:gained, sold :>t1d conveyed, And by 'hag presents sloes pun, hew
8245. rap_ convey Ian! confirm. unto the praotecl, their hears sod oAe lW ftaerer net in tenancy in errorran but In joint tenancy,
ul) 8se real parity together with irtryfpVLrirDIL.if airy. rituate, lying and being in the Caianty of weld
and Sane of Calunnb, dicrrbc4 as rot EOM:
Lot B, Recorded Exemption No, 0963-9-4-tfl.--3738, beinf a portion of the
Southeast Quarter at' Section 9, Township 5 North, RAMC 64 Woet of the 6th
according to the reap recorded April e, 2004 lit R$eesptiorI No, 3169085,
County of Weld, State of Colorado
deck own byilreeland fiumberee 26746 Wald County Road 388, Kersey, Colorado B064a
TODETINER with ail wirl $ingulw the hucdiidnteale sal urtcU ecos'hereunto belonging, or N +gywisc appalAi king. and
d e teeeryi'n and tanrlinn%. retriain4Cf tlntl remainders, tent$, Dauer atll p Mite thelsof, aad ask the ratan right. title. [ateseil.
claim and skrnaitil wltelseever of the Quorum, tither in 1n* 4r equity, of, in mid la the alarm Iwgaiacd sterrdela, with We
hereiliismYnis 0.1.4 3PPurtbnencet.
TO flatB AND TO HOLD the Fetid premises ahovo hsrgeirtrd end desttibld. will. the a[3purknagrei, unto tic }Jttrtlers, their
hairs and mites fare' er. Arid the grsnim, for hirmtlf, his heirs end }5ertoaai rcrerscaatiYcl,4oco covIanni, Kraut harl7in ,cod
agree to with Batt, the g 11.tees, their heirs said usigm. that at the Iierr of dK enicrdi1g and deItvery of thew presents, he is well
seitxrd of the retoises et,Ove coovcyeil, has good, sttre, peefee.L ehsohcte and indefeasible estate 4f cidieritanct, in law, in
tee simple. sad has good sight, full rower raid lawful nnthtxity 111 grunt Ixtrgain. sell add convoy the awnc iu lrsar+s}rr end form
as alsresaid, and tNn the sum are free and ckrr from. ell termer and other pants. baryyine. sates. Gent. taxes. how -coronets.
eereumkxanntt and restrict cite iii whdenor kind or nonce tower, except Far Lahti for the current year, a don but nai yet due
end payable, and 1hrna epeeitlr Except Iona doe -fibril by reference to rP=rrded dec smct11* es repecled !le the Title
Doiumrna recanted by Buyer In 'wait -Janus ii'llh section Se (TIIic Rtvlewl, of Litt Cott wart doled
Apra] 7, 2944 between the partla.
Tee latolorchiliwidwillWA11RANTAND K)1ZI?vERDEFEND the ahooliiirgeiriedprezrilceliAatequietantiponcwhnftasrna'
ciplt of the grantees. their heirs attd axziSus, ig+inrt a8 and tray per en orperasou Li 4lilly claiming the whole br any gal thereof.
The singeler a a, tai • "Um plural. sn', Oral lLe eirrgular, :Fend 11in tut of any ruder S1as1) ho applicable to all genders.
IN WINN ' for no r•ecgrad this¢e el on the,Sir+{ul lash above
P
STATE OH COLORADO
COUNTY OF WELD
lire foxgoiag insrannnt wtd scYauwled$cr before tee this 3rd day of
Tuna
Pamela A. Howard and Eben Hawtrrtl
My Commission mpuea:3' ( - 7,005
ti
heat lfaward
WARRANTY D8® Dr ]dra Stearn Mri*+rra+I
Win:, ar my blind grldy jGciel seal,
M
ivy Caawtfeea it &pint J1i2.r 40.5
2004,by
File LAnnit3BM
SKIM, Inc. SKI.15975 WT. 3168330.2004.001
Quit Claim Deed
THIS DEED is a conveyance from the indhvrduni a}, corporaIon(s) or other anti -Wiles) named ❑ ew as
GRANTOR to the Indivsdual(s)or entity(ies) Hamad below es GRANTEE of whatever interest the GRANTOR
may have In the real property described below.
The GRANTOR hereby sells and quit claims to the GRANTEE the real property described below with all Its
appurtenances.
The specific terms of this deed are:
Grantor: Sandi M. Olsen
Grantee: Roger A. Olsen
Form of Co -Ownership: none
Property Description: tot. B RE 3738
Section: 9 Township: 5 Renge: 64 SE4 PT
County of Weld, State of Colorado
Property Address: 26748 WCR 388, Kersey, Colorado
Reservations -Restrictions: none
Signature Clause for Indivldual(s):
Ry:. )/
di M. son
STATE e GO�_
COUNTY OF
Grantor
ss.
The foregoing instrument was acknowledged before me this b`— day of August 2012 by Sandi
M. Olsen.
WITNESS my hand andofficialsee
My commissionspires Cam•
Notary Public
3858150 Paean; 1 of I
00/15/2012 11:78 fin a Fxr:s7E ce 0 rt+R se.ee
Sher. *mew. Cier, and Recordwr 644O VO
ilk Ii''Nl' rill
81G,D, Trio. SKL15975 WE 3866X50-2012.091
4170000 01/0412016 09:56 AM
Total Pages: 1 Rec Fee: $11.00 Doc Fee: $38.00
Carly Koppes - Clerk and Recorder, Weld County, CO
IIIII OIIIIIIIII 111
Warranty Deed
(Pursuant to 38-30.113 G.R.S.)
THIS DEED, made On Deceether 31, 2815 by ROGER A. OLaEN Groin r(a), of the Cairn)/ of ► e LD and State of
COLORADO for the consideratiou of (x380,008.00)+** Three Hundred Eighty Thousand and 00/100 *+t dollars in hand paid,
e eb,yrs``e.U..s arid=Weppto s[.ACKGraatee(s se suett address is 4,
ot... {AP COi ��--�0 VAIN CA�4 , c,r ai t [J sssdstataof i .
the following mil property in the County of Weld. and Stara of Colorado, to wit
State Doauuntary Fee
Dore. December 31, 2015
x38.00
LOI B, RECORDED EXEMPTION NO. 0163 -09 -$RE -3738, RECORDED APRILS, 2004AT RECEPTION NO. 3168665, BEING A
FART OF THE SE 1/4 OP SECTION 9, TOWNSHIP 5 NORTH, RANGE 84 WEST OF 111E 6TH PRINCIPAL MERIDIAN, COUNTY
OF WELD, STATE OF COLORADO.
also 1atawnby sheet and number as: 25746 COVNrY ROAD 381 KERSEY CO 80944
with all its appia-tersaares and warrants the tide to the same, subject to general taxes for the year 2015 and chose specific Exceptkits
described by referent)! ro married dominants as reflected in fife Tilt Domino= accepted by Griefs) in accordance with Re rd
Tide Matters (Section 82) or the Co-ui to INV and Sell Fed Estate Marino w die above described real property; distribution suilty
r(1srrrrentS, (including cable 7'; these spec fOcagy described rights of third parties not shown by the public records of whidt Crantee(s)
has acwl knowledge and which were accepted by Grantees) in aaOCe ar a with Off -Record Tate Matter (Section 8:3) and Curter
Stavey Review. (Se Cron 9) of the Contract to Buy and Sell Real Estate relating to the above de crib& real property; inclusions of the
Property within ar0+ special tax district; and ot}t,er NONE
State of COLORADO
County of WELD
The foregoing insavmei t was acknowledged before me on this day of December 31, 2015
by ROGER A. OLSE
Notary Public
My commission =pimas rte.]
HEATHIER M. STERLING
NOTARY PUBUC
STATE OR COLORADO
N OiARY ID 20004007161
MY C0MMI88t0N EXPIRES Q5100/ 11
When Recorded Return sa SUAUNNA BLACK
21746 COUNTY ROAD 388 KERSEY, CO 80844
Form 13064 0112011 w+3.odt Warranty Deed (pltotagrepbic) $025134825 {231767}
Pfq
]dils
SIQ,D, Inc. LG SKL15975 WE 4170000-201.6,001
4314778 06/30/2017 02:23 PM
Total Pages: 1 Rec Fee: $13.00 Doc Fee: $43,00
Carly Koppes - Clerk and Recorder, Weld County, CO
III I HIIIIINMI 1IIIlII1111
Warranty Deed
(Pursuant to 36-30-113
MIS DEED, male on J % 2017 by SUAUNiNA BLACK Craatut(s), of the County of .7) ojig,1and
State of TEJCAS for the costsidetatian of ($430,014.00) *** Four Thumbed Thirty 1hoewrud and 08/1.88 *+* dollars to hand paid.
hereby arils and conveys to ERICA ARNOLD Gamate (s), whose street adthess is 26748 Cowry ROAD MD ELY, CO 00644,
County of WELD, and Sty of COLORADO, due followhxg seal pity in the County of Weld, and State of Colorado, to wit
LOT B, RECORDED EXEMPTION TION No, ose3-Os-4-R -371* RECORDWi1 APRIL 42004 AT REcErrioN No. 33690115, BEING A
PART op T IlE SE V4 OF 9hcfiDN 9, TOWN'S OP S NORTH, RANGES* WEST OF THE €Th PRINCIPAL MEM:MAN, COUNTY
OF WELD, STATE OF COLORADO.
State DttcuusemaX7 fee
Dates 3whe 021 12017
$ 4340
also known by street and =nber as: 28748 COUNTY ROAD 386 tiERBEY CO 80644
with all its appurtenances and warrants the title to the same, subject to ge rervl tURTS for theyeer 247ITnnd those specific EtreptiOns
described by reference to recorded documents as rte≥ flees in the Titles iDosmxesus accepted by Grantee(a) are accordance with Record
Ilde Matters (Section 82) *the Comma to Huy and Sell Real amaze relating to the above described real pmperty; distribution allay
easensents, (irzi dl4 cable TV); those sped rcaljy descried rights et -third pardes neat sown by the public records of which Cri ni tee(s)
has rlrt:oed knowledge and which were accepted by Grantees) In accordance with Orpflacurd Mk Mutter's (Section 8.3) and Current
SlaveyRevierw (Section 9) of the comma to Buy and Sell Real Estate relating to the above described rearPrnAtr0C it ctminns of the
Property within any special toe dttzrlrr, Any special assessmeat if the frrq,vrnrerhaeats were not instilled as of die date of Th s
signanrre ore the Cenroct to Hyy and Sell Real Estate, whether assessed prior to or tt er Cursing; and other NONE
State af' a 4S
County of 115
The ffoaregoing instrumeutwas acknowledged before me on this day of June *'' 261.7
by ,SUMMA BLACK
*-44.1.911b-
Notary Public
My mmtvissisan expos 'O. WZNItt
What Recorded Retire to: ERICA ARNOLD
26748 COUNTY ROAD 388 1(ZRSEX, CO 60844
Poem 13050 12/2015 led .lt t 116 WiaarrtyDeed (Photographic) n25141117 ¢045,3718}
SKLO, Inn, LG SicL15975 WE 4314778-2017,001
� CASE NUMBER: RECX18-OO75
� APPLICANT: ERICA ARNOLD
� PLANNER: MICHAEL HALL
I REQUEST: TWO (2) LOT RECORDED EXEMPTION
� LEGAL DESCRIPTION: LOT B OF RECORDED EXEMPTION
RE -3738; BEING PART OF THE SE4 OF SECTION 9, TSN,
R64W OF THE 6TH RM., WELD COUNTY, CO
• LOCATION: SOUTH AND ADJACENT TO COUNTY
ROAD 388; APPROXIMATELY 0.65 MILES SOUTHEAST OF
COUNTY ROAD 53
Vicinity, Hydrology & Roadways
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RE -137
LOTA
LTA RECX1-1-0088
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FEE b47 64 7 AM
IOTA
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LC'T A. LOT
RE -4436
E-648 LOT D
.OT A
RE-'
LOI
465
A RE -1846
LOT B
RE -3600
LOT E
RE -2736
LOT B
ISL' I I I
RE -2_7 Jo 2r.i.iOA1.j
RE - COO LOT AL LOT N.
LO
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LOT B
'E-2409
OT A
RE -248 9
LOT B
R.EC X 11-0033
RE L 11- 00 33 LOT B
LOT /c
RE -4506
OT A
•
RE -3.9 A.I'v1
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LOT
RE -4 506
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LOT B LOT B
-360 RE -2 ; 7
LOT
RE -817
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= � X LC
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FIELD_CCNST_
FOR 5
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FEED LOT
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W C R 60
USIA -633
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USR-1119
ACCESSORY FARM 2
MOBILE HOMES
etc
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STORAGE, DAIRY BUS_
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FIRE STATION. TRAININIG
FACILITY
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RE -373$ (Recorded in 2004)
I Imr mn iii i nuni iini iiin iinuii n ii iiii ini
3169085 04/08/2004 03:12P Weld County, co
1 of I q 11.00 D 0.00 Steve Moreno Clerk Recorder
L45;
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IS 24110. 'Rec. by L5 OB55
1c‘c1
S 425°14,000E
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."
Proposed Lot B is 20 acres and does not meet the minimum
acreage requirement of 35 acres per Section 24-8-40.'. of
the Weld County Code.
The owners claim an extenuating circumstance:
The property is located to the east of the
confluence of the South Platte and Poudre Rivers.
Majority of the property is located in the 100 -year
floodplain. Because the property is encumbered by
the floodplain, this limits further exemptions and
makes subdivisions impractical.
Additionally, the lots are intended to be used for
rural residential purposes.
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:
Zoning Permit for a Secondary Home
Use by Special Review
- Planned Unit Development
Minor Subdivision
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