HomeMy WebLinkAbout20181132.tiffRESOLUTION
RE: APPROVE RECORDED EXEMPTION, RECX18-0007 - KEN BUROUGH
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, RECX18-0007, was submitted by Ken
Burough, 13767 County Road 8, Fort Lupton, Colorado 80621, for property which is located on
the following described real estate, to -wit:
Lot B of Recorded Exemption, RE -4301; being part
of the SE1/4 SE1/4 of Section 17, Township 1 North,
Range 66 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 RECX18-0007, 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 28 acres and 3.51 acres.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the hereinabove described parcel of land be, and hereby is, exempt from
the definition of the terms "subdivision" and "subdivided land."
BE IT FURTHER RESOLVED by the Board that the application of Ken Burough for
Recorded Exemption, RECX18-0007, be, and hereby is, approved subject to the following
conditions:
1. Prior to recording the plat:
A. The applicant is proposing a shared access for proposed Lot A across
Lots A of Corrected Recorded Exemption RE -2499, Corrected Subdivision
Exemption, Lot SE -777, and the metes and bounds described parcel
directly to the west of and adjacent to these lots (Parcel #1471-17-00-0-
048). The applicant shall submit to the Weld County Department of
Planning Services:
1) A recorded copy of any agreement signed by all the owners of the
property crossed by the access giving a 30 -foot access and utility
easement to Lot A of RECX18-0007. The access shall be for
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2018-1132
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PAGE 2
ingress and egress and shall be referenced on the plat by the Weld
County Clerk and Recorders reception number.
B. The applicant shall provide to the Weld County Department of Planning
Services a copy of the access permit issued from the City of Fort Lupton
which grants access to County Road 8, or written evidence that the
applicant has complied with the requirements of the City of Fort Lupton.
C. The applicant shall attempt to address the requirements (concerns) of the
City of Fort Lupton, as stated in the referral response dated February 12,
2018. Evidence of such shall be submitted, in writing, to the Weld County
Department of Planning Services.
D. The applicant shall attempt to address the requirements (concerns) of the
Fort Lupton Fire Protection District, as stated in the referral response dated
February 12, 2018. Evidence of such shall be submitted, in writing, to the
Weld County Department of Planning Services.
E. The applicant shall address the requirements of Weld County School
District RE -8, as stated in the referral response dated February 9, 2018.
Evidence of such shall be submitted, in writing, to the Weld County
Department of Planning Services.
F. Lot A shall comply with the two and one-half (2 1/2) acre net minimum lot
size required by Section 24-8-40.L of the Weld County Code. Net acreage
calculations should not include future road right-of-way.
G. The applicant shall provide the Weld County Department of Planning
Services with a Statement of Taxes from the Weld County Treasurer
showing no delinquent taxes exist for the original parcel.
2. Items to be included on the plat:
A. The plat shall be titled: Recorded Exemption No. 1471-17-04 RECX18-
0007.
B. The applicant shall submit to the Weld County Department of Planning
Services a recorded copy of an access and utility easement agreement
signed by all of the owners of the property crossed by the access. The
access shall be for ingress and egress and shall be referenced on the plat
by the Weld County Clerk and Recorder's reception number.
C. A 30 -foot wide joint access and utility easement extending across Lot B
from County Road 8, 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
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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.
D. County Road 29 is an unmaintained section line right-of-way. The applicant
shall verify and delineate on the map the unmaintained right-of-way and
future right-of-way and the documents creating the 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.
E. Show and label the section line right-of-way as "CR 29 Section Line Right -
of -Way, not County maintained".
F. Show the approved City of Fort Lupton access points on the plat and label
with the approved access permit number, if applicable. The applicant shall
verify and delineate on the plat the existing and future right-of-way for
County Road 8. The applicant shall also delineate the physical location of
the roadway. Contact the City of Fort Lupton for right-of-way widths and
additional requirements.
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.
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 structure as defined and limited to
those occupancies listed as Groups A, B, E, F, H, I, M and R in
Section 302.1 of the 2012 International Building Code, shall be
constructed within a 200 -foot radius of any tank battery or within a
150 -foot radius of any wellhead or within a 25 -foot radius of any
plugged or abandoned oil and gas well. Any construction within a
200 -foot radius of any tank battery or 150 -foot radius of any
wellhead, shall require a variance from the terms of Chapter 23, in
accordance with Subsection 23-6-10.C of the Weld County Code.
2) 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.
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3) Access on the site shall be maintained to mitigate any impacts to
the public road, including damages and/or off -site tracking.
4) 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.
5) Any future structures or uses on the site must obtain the appropriate
zoning and building permits.
6) Lot A is not eligible for a future land exemption in accordance with
Section 24-8-20.C.1 of the Weld County Code.
7) 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.
8) Prior to the release of building permits, the applicant shall submit a
recorded deed describing the Lot upon which the building permit is
requested with the building permit applications. The legal
description on such deed shall include the Lot designation and
Recorded Exemption number.
9) Prior to the release of building permits, the applicant shall submit
evidence to the Department of Planning Services that Lot A and
Lot B have adequate water supplies of sufficient quality, quantity
and dependability. The applicant acknowledges the owners of Lots
A and B will be required to connect to public water if the line for the
same is located within 400 feet of said Lot A or B.
10) Potential purchasers should be aware that Lot A and Lot B may not
be eligible for a domestic well permit which allows for outside
irrigation and/or the watering of stock animals. The Colorado
Division of Water Resources issues all well permits.
11) Potential purchasers should be aware that groundwater may not
meet all drinking water standards as defined by the Colorado
Department of Public Health and Environment. The Weld County
Department of Public Health and Environment strongly encourages
well users to test their drinking water prior to consumption and
periodically thereafter.
12) Potential purchasers should be aware that approval of this
Recorded Exemption does not guarantee that well permits will be
issued for the lots. Any lot may be deemed non -buildable if the lot
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owner is unable to obtain a well permit. The Colorado Division of
Water Resources issues all well permits.
13) The property owner shall be responsible for controlling noxious
weeds on the site, pursuant to Chapter 15, Articles I and II, of the
Weld County Code.
14) The historical flow patterns and runoff amounts will be maintained
on the site.
15) 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.
16) Building Permits issued on the proposed lots will be required to
adhere to the fee structure of the County -Wide Road Impact Fee,
County Facility Fee and Drainage Impact Fee Programs.
17) 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.
18) 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.
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3. Additional Information:
A. A Weld County septic permit is required for any new building requiring
water and sewer. The septic system shall be installed according to the
Weld County Onsite Wastewater Treatment System regulations.
4. The applicant has proposed a well as the source of adequate water for Lot A and
Lot B. Property owners are advised that the quantity of water available for usage
may be limited to specific uses, i.e., "Domestic Use Only," etc. Because each
situation is unique, the Department of Planning Services encourages property
owners to contact the Office of the State Engineer, Division of Water Resources
(1313 Sherman Street, Room 818, Denver, Colorado 80203. Phone 303-866-
3581), to discuss each individual situation.
5. The plat shall be prepared in accordance with the requirements of Section 24-8-60
of the Weld County Code. The applicant shall submit an electronic copy (PDF) of
the plat for preliminary approval to the Department of Planning Services. Upon
approval of the plat, the applicant shall submit a Mylar plat along with all other
documentation required as Conditions of Approval. The Mylar plat shall be
recorded in the office of the County Clerk and Recorder by the Department of
Planning Services. The Mylar plat and additional requirements shall be recorded
within sixty (60) days from the date of the Resolution by the Board of
Commissioners. The applicant shall be responsible for paying the recording fee.
6. In accordance with Weld County Code Ordinance #2012-3 approved April 30,
2012, should the plat not be recorded within the required sixty (60) days from the
date the Resolution was signed, a $50.00 recording continuance charge shall
added for each additional three (3) month period.
7. The Department of Planning Services respectfully requests the surveyor provide a
digital copy of this Recorded Exemption. Acceptable CAD formats are .dwg, .dxf,
and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles or ArcGIS
Personal GeoDataBase (MCB). The preferred format for Images is .tif (Group 4).
(Group 6 is not acceptable). This digital file may be sent to maps@co.weld.co.us.
2018-1132
RECX18-0007
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 9th day of April, A.D., 2018.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: �j„
Weld County Clerk to the Board
BY:
Deputy Clerk to the
APP e ED AS T
ounty Att.
Date of signature: OS -03-18
Steyr Moreno, Char
Barbara Kirkmeyer, Pro -Tern
Sean P. Co way
ozad
Mike Freeman
2018-1132
RECX18-0007
DEPARTMENT OF PLANNING SERVICES
RECORDED EXEMPTION
ADMINISTRATIVE REVIEW
PLANNER: Ryder Reddick HEARING DATE: April 9, 2018
CASE NUMBER: RECX18-0007
APPLICANT: Ken Burough
APPLICANT ADDRESS: 13767 County Road 8 Fort Lupton, Colorado 80621
REQUEST: Two -Lot Recorded Exemption
LEGAL DESCRIPTION: Lot B of RE -4301; being a part of the SE4 SE4 of Section 17, Ti N, R66W of the
6th P.M., Weld County, CO
PARCEL NUMBERS: 1471-17-4-00-094
PARCEL SIZE: Total +/- 31.51 acres ZONE DISTRICT: A (Agricultural)
Proposed Lot A +/- 3.51 acres
Proposed Lot B +1- 28 acres
WATER SOURCE: Lot A: Proposed Well
Lot B: Proposed Well
SEWER SOURCE: Lot A: Proposed Septic
Lot B: Proposed Septic
Description:
The applicant is proposing a 2 -Lot Recorded Exemption on Lot B of RE -4301 (reception #3380918),
recorded on April 20, 2006, Lot B (the largest lot) of RE -4301 is +/- 31.51 gross acres. 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 Chapter 24 of the Weld County Code."
In a letter addressed to the Board of County Commissioners dated January 31, 2018 and submitted with
this recorded exemption application to the Department of Planning Services, the owner (Mr. Ken Borough)
asked that the Board of County Commissioners approve his request to do a 2 -Lot Recorded Exemption on
Lot B of RE -4301. The applicant explained in the letter that he was not aware of the code provision put in
place in 2010 under section 24-8-40.P. He also stated that it was always his intent to do another recorded
exemption on this parcel to divide off approximately 3.5 acres on the north end of his property. Mr. Burough
originally bought the property known at the time as Lot B RE -1238 on June 3, 1997 per recorded Warranty
Deed (reception #2551118). He was approved for the second recorded exemption done on this property
being a 2 -Lot Recorded Exemption RE -2499 (reception #2729346) in 1999, and was approved for a third
2 -Lot recorded exemption on the parcel RE -4301 in 2006. Mr. Borough sold Lot B of RE -4301 on August
20, 2010 per recorded quit claim deed at (reception #3713115) however, he bought Lot B of RE -4301 back
three years later, on October 21, 2013 per recorded quit claim deed (reception #3972169). This would be
the fourth recorded exemption done on the original parcel if approved and the fifth exemption in total to
create new lots on the parcel when considering the Subdivision Exemption Lot SE -777 (reception
#2729347), that was approved and recorded in 1999 in conjunction with RE -2499 to split off a lot around
the original farm house located on the original parcel.
RECX18-0007
Page 1 of 7
2018-1132
The Department of Planning Services staff has reviewed this request and recommends that this
request be denied for the following reasons:
Section 24-8-40.P of the Weld County Code, states:
After August 3rd, 2010, the largest lot of any recorded exemption may not be less than thirty-five
(35) acres net. This requirement may be waived by the Board of County Commissioners if the Board
finds that extenuating circumstances experienced by the applicant justify approval of the recorded
exemption and that the recorded exemption is not for the purpose of evading the requirements and
intent of this Chapter.
The applicants are requesting a split of Lot B RE -4301 which is currently +/- 31.51 acres in size. Into
two (2) lots. Proposed Lot A will be approximately +/-3.5 acres and proposed Lot B will be
approximately +/-28 acres in size. The proposal does not meet Weld County Code Section 24-8-
40.P.
According to Section 24-8-40.P of the Weld County Code, the largest lot of any recorded exemption
may not be less than thirty-five (35) acres net unless the Board of County Commissioners finds
extenuating circumstances and that the recorded exemption does not evade the requirements and
intent of the subdivision regulations.
The following timeline describes the history of the property:
11/15/1990: A 2 -Lot Recorded Exemption (RE -1238) was approved by the Weld County Department
of Planning Services (reception #2233117), Creating Lots A and B of RE -1238 of which
Lot B was approximately +1-37.67 acres after the land split.
6/3/1997: Ken Burough purchased Lot B of RE -1238 per recorded Warranty Deed (reception
#2551118).
10/28/1999: A 2 -Lot Recorded Exemption (RE -2499) along with a Subdivision Exemption to split off
a second set of existing improvements from the parcel (SE -777) was approved by the
Weld County Department of Planning Services (reception #'s 2729346 & 2729347).
Creating Lots, A and B of RE -2499 and a third lot being SE -777. Lot B of RE -2499 was
approximately +/-34 acres after these land splits.
4/25/2000 Corrected Plats were approved by the Department of Planning Services and recorded
for both Lot A and Lot B of (RE -2499) and Subdivision Exemption Lot (SE -777) the
corrected plats adjusted the boundaries of all three lots giving more land (approximately
1 acre in total) to both Lot A of RE -2499 and the SE -777 Lot from Lot B RE -2499,
4/20/2006: A 2 -Lot Recorded Exemption (RE -4301) was approved by the Weld County Department
of Planning Services (reception #3380918). This case created the Lot B proposed to
be split today which is approximately +/-31.5 acres.
8/20/201O Mr. Burough conveyed Lot B of RE -4301 per recorded quit claim deed (reception
#3713115) to Ernest Williams
10/21/2013: Mr. Burough received ownership back for Lot B of RE -4301 per recorded quit claim
deed (reception #3972169) from Ernest Williams.
1/19/2018: Mr. Burough turned in a complete 2 -Lot recorded exemption application on Lot B of RE -
4301, & associated letter to the BOCC addressing his hardship and the denial process.
RECX18-0007
Page 2 of 7
The applicant was aware that this Recorded Exemption case would be recommended to the Board of
County Commissioners for denial and choose to proceed with the request. In the letter sent by the
applicant on January 31, 2018, the applicant acknowledged the recommendation for denial and
requested that this requirement listed under Section 24-8-40.P be waived as the applicant is claiming
an extenuating circumstance. The extenuating circumstance given in the letter states that the property
has been owned by Mr. Burough since 2013 and that he had no previous knowledge that the rules had
changed based on size requirements to split his lot until he applied for this recorded exemption in late
January 2018. Therefore, because he had no knowledge that the rules changed and it was his intent all
along to split the property through this exemption process, this he believes has created an extenuating
circumstance beyond his control that should allow for the board to make an exception in his case to
Code Section 24-8-40.P.
Other options do exist in the Weld County Code to create a new parcel of land without a new Recorded
Exemption on this lot. The Planned Unit Development (PUD) and Minor Subdivision are appropriate
processes to create another legal lot to be used for residential purposes. Additionally, the Zoning Permit
for a Secondary Dwelling (ZPSD) or Use by Special Review (USR) may be utilized to permit an
additional dwelling unit on a property in the Agricultural Zone District.
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 applicants are proposing a shared access for proposed Lot A across Lots A of Corrected
Recorded Exemption RE -2499, Corrected Subdivision Exemption Lot SE -777 and the metes
and bounds described parcel directly to the west of and adjacent to these lots (Parcel #1471-
17-00-0-048). The applicant shall submit to the Weld County Department of Planning Services:
1) A recorded copy of any agreement signed by all the owners of the property crossed
by the access giving a 30 -foot access and utility easement to Lot A of RECX18-
0007. The access shall be for ingress and egress and shall be referenced on the
plat by the Weld County Clerk and Recorders reception number.
B. The applicant shall provide to the Weld County Department of Planning Services a copy of the
access permit issued from the City of Fort Lupton which grants access to County Road 8, or
written evidence that the applicant has complied with the requirements of the City of Fort
Lupton.
C. The applicant shall attempt to address the requirements (concerns) of the City of Fort Lupton,
as stated in the referral response dated February 12, 2018. Evidence of such shall be submitted
in writing to the Weld County Department of Planning Services.
D. The applicant shall attempt to address the requirements (concerns) of the Fort Lupton Fire
Protection District, as stated in the referral response dated February 12, 2018. Evidence of
such shall be submitted in writing to the Weld County Department of Planning Services.
E. The applicant shall address the requirements of Weld County School District RE -8, as stated
in the referral response dated February 9, 2018. Evidence of such shall be submitted in writing
to the Weld County Department of Planning Services.
F. Lot A shall comply with the two and one-half (2 1/2) acre net minimum lot size required by
Section 24-8-40.L of the Weld County Code. Net acreage calculations should not include future
road right-of-way.
G. The applicant shall provide the Weld County Department of Planning Services with a Statement
of Taxes from the Weld County Treasurer showing no delinquent taxes exist for the original
parcel.
RECX18-0007
Page 3 of 7
2. Items to be included on the plat:
A. The plat shall be titled: Recorded Exemption No. 1471-17-04 RECX18-0007
B. The applicant shall submit to the Weld County Department of Planning Services a recorded
copy of an access and utility easement agreement signed by all of the owners of the property
crossed by the access. The access shall be for ingress and egress and shall be referenced
on the plat by the Weld County Clerk and Recorders reception number.
C_ A 30 -foot wide joint access and utility easement extending across Lot B from County Road 8,
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.
D. County Road 29 is an unmaintained section line right-of-way. The applicant shall verify and
delineate on the map the unmaintained right-of-way and future right-of-way and the
documents creating the 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.
E. Show and label the section line Right -of -Way as "CR 29 Section Line Right -of -Way, not
County maintained".
F. Show the approved City of Fort Lupton access points on the plat and label with the approved
access permit number if applicable. The applicant shall verify and delineate on the plat the
existing and future right-of-way for County Road 8. The applicant shall also delineate the
physical location of the roadway. Contact the City of Fort Lupton for right-of-way widths and
additional requirements.
G. Setback radiuses for existing oil and gas tank batteries and wellheads shall be indicated on
the plat per the setback requirements of 23-3-50. E of the Weld County Code.
H. All recorded easements and rights -of -way shall be delineated on the plat by book and page
number or reception number.
3. The following notes shall be placed on the plat:
1) All proposed or existing structures will or do meet the minimum setback and offset
requirements for the zone district in which the property is located. Pursuant to the
definition of setback in the Weld County Code, the required setback is measured from
the future right-of-way line.
* No building or structure as defined and limited to those occupancies listed as Groups
A, B, E, F, H, I, M and R in Section 302.1 of the 2012 International Building Code, shall
be constructed within a 200 -foot radius of any tank battery or within a 150 -foot radius
of any wellhead or within a 25 -foot radius of any plugged or abandoned oil and gas
well. Any construction within a 200 -foot radius of any tank battery or 150 -foot radius of
any wellhead shall require a variance from the terms of this Chapter in accordance with
Subsection 23-6-10.C of this Code.
2) 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.
3) Access on the site shall be maintained to mitigate any impacts to the public road
including damages and/or offsite tracking.
RECX18-0007
Page 4 of 7
4) 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.
5) Any future structures or uses on site must obtain the appropriate zoning and building
permits.
6) Lot A is not eligible for a future land exemption in accordance with Section 24-8-20.C.1
of the Weld County Code.
7) 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.
8) Prior to the release of building permits, the applicant shall submit a recorded deed
describing the Lot upon which the building permit is requested with the building permit
applications. The legal description on such deed shall include the Lot designation and
Recorded Exemption number.
9) Prior to the release of building permits, the applicant shall submit evidence to the
Department of Planning Services that Lot A and Lot B have adequate water supplies
of sufficient quality, quantity and dependability.
10) Potential purchasers should be aware that Lot A and Lot B may not be eligible for a
domestic well permit which allows for outside irrigation and/or the watering of stock
animals. The State Division of Water Resources issues all well permits.
11) Potential purchasers should be aware that groundwater may not meet all drinking water
standards as defined by the Colorado Department of Public Health and Environment.
The Weld County Department of Public Health and Environment strongly encourages
well users to test their drinking water prior to consumption and periodically thereafter.
12) Potential purchasers should be aware that approval of this Recorded Exemption does
not guarantee that well permits will be issued for the lots. Any lot may be deemed non -
buildable if the lot owner is unable to obtain a well permit. The State Division of Water
Resources issues all well permits.
13) The property owner shall control noxious weeds on the site.
14) The historical flow patterns and runoff amounts will be maintained on the site.
15) Building permits shall be obtained prior to the construction of any building. Buildings
that meet the definition of an Ag Exempt Building per the requirements of Section 29-
1-20 and Section 29-3-20.B.13 of the Weld County Code do not need building permits,
however, a Certificate of Compliance must be filed with the Planning Department and
an electrical and/or plumbing permit is required for any electrical service to the building
or water for watering or washing of livestock or poultry.
16) Building Permits issued on the proposed lots will be required to adhere to the fee
structure of the County -Wide Road Impact Fee Program.
17) Building Permits issued on the proposed lots, will be required to adhere to the fee
structure of the County Facility Fee and Drainage Impact Fee Programs.
18) RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some
of the most abundant mineral resources, including, but not limited to, sand and gravel,
oil, natural gas, and coal. Under title 34 of the Colorado Revised Statutes, minerals are
vital resources because (a) the State's commercial mineral deposits are essential to
RECX18-0007
Page 5of7
the state's economy; (b) the populous counties of the state face a critical shortage of
such deposits; and (c) such deposits should be extracted according to a rational plan,
calculated to avoid waste of such deposits and cause the least practicable disruption
of the ecology and quality of life of the citizens of the populous counties of the state.
Mineral resource locations are widespread throughout the County and person moving
into these areas must recognize the various impacts associated with this
development. Often times, mineral resource sites are fixed to their geographical and
geophysical locations. Moreover, these resources are protected property rights and
mineral owners should be afforded the opportunity to extract the mineral resource.
19) WELD COUNTY'S RIGHT TO FARM: Weld County is one of the most productive
agricultural counties in the United States, typically ranking in the top ten counties in the
country in total market value of agricultural products sold. The rural areas of Weld
County may be open and spacious, but they are intensively used for agriculture.
Persons moving into a rural area must recognize and accept there are drawbacks,
including conflicts with long-standing agricultural practices and a lower level of services
than in town. Along with the drawbacks come the incentives which attract urban
dwellers to relocate to rural areas: open views, spaciousness, wildlife, lack of city noise
and congestion, and the rural atmosphere and way of life. Without neighboring farms,
those features which attract urban dwellers to rural Weld County would quickly be gone
forever.
Agricultural users of the land should not be expected to change their long-established
agricultural practices to accommodate the intrusions of urban users into a rural area.
Well -run agricultural activities will generate off -site impacts, including noise from
tractors and equipment; slow -moving farm vehicles on rural roads; dust from animal
pens, field work, harvest and gravel roads; odor from animal confinement, silage and
manure; smoke from ditch burning; flies and mosquitoes; hunting and trapping
activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides
and fertilizers in the fields, including the use of aerial spraying. It is common practice
for agricultural producers to utilize an accumulation of agricultural machinery and
supplies to assist in their agricultural operations. A concentration of miscellaneous
agricultural materials often produces a visual disparity between rural and urban areas
of the County. Section 35-3.5-102, C.K.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.
RECX18-0007
Page 6 of 7
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. A Weld County septic permit is required for any new building requiring water and sewer. The
septic system shall be installed according to the Weld County Onsite Wastewater Treatment
System regulations.
B. The applicant has proposed a well as the source of adequate water for Lot A and Lot B.
Property owners are advised that the quantity of water available for usage may be limited to
specific uses, i.e., "Domestic Use Only," etc. Because each situation is unique, the
Department of Planning Services encourages property owners to contact the Office of the
State Engineer, Division of Water Resources (1313 Sherman Street, Room 818, Denver,
Colorado 80203. Phone 303-866-3581), to discuss each individual situation.
5. The plat shall be prepared in accordance with the requirements of Section 24-8-60 of the Weld County
Code. The applicant shall submit an electronic copy (PDF) of the plat for preliminary approval to the
Department of Planning Services. Upon approval of the plat, the applicant shall submit a Mylar plat
along with all other documentation required as conditions of approval. The Mylar plat shall be
recorded in the office of the County Clerk and Recorder by the Department of Planning Services. The
Mylar plat and additional requirements shall be recorded within sixty (60) days from the date the
administrative review was signed. The applicant shall be responsible for paying the recording fee.
6. In accordance with Weld County Code Ordinance 2005-7 approved June 1, 2005, should the plat not
be recorded within the required sixty (60) days from the date the Board of County Commissioners
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:
RECX18-0007
Page 7 of 7
Date: March 20, 2018
Applicant: Ken Burough
Request: Approval of a 2 -Lot Recorded Exemption on a
Recorded Exemption Lot B under the minimum 35 acre net size
requirement per section 24-8-40.P of the Weld County Code.
Legal Description: Lot B of Recorded Exemption RE -4301; being a
part of the SE4 SE4 of Section 17, TiN, R66W of the 6th P.M Weld
County, CO.
Location: North of and adjacent to County Road 8 and west of
and adjacent to County Road 29
Recorded Exemption:
RE -4301
Recorded:
April 20, 2006
Reception #3380918
•
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,18&1418 0470201105 12 '80 Wed Claim, FL
2 a' ° 21.01 D R.Iq Stolle M.malo Gletk & Rmrler
SEC.
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13 SEC. 1
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•
LOT A.
SEC. 2:
RECORDED EXEMPTION No. 147 1 - 1 7-4 RE -43.1
A PART OE TNt SCiJNEAST QUARTER OF THE SO JTHECS- 11LIAR-Fa
3- 5ECTJON '1?, arCWN5HiP 1 NORTH. RANG= 66 WEST 37 THE 6th PAC,
WELD COJ TV; COLORADC
PAGE 2 at 2
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BDQK 939 PAGE 458
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County Maintained Paved Road
Local Map of Lot B of
Recorded Exemption
RE -4301
Jeall
roposed Property Line 1
Boundaries& Acreage
for Recorded Exemption
RECX1 8-0007
•
Yligatat r
ese - Oki $
4-0
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Lot A`' RECXI 8-0007
+('3:51 Acres
Lot B RECXI 8-0007
icture looking west from
the existing eastern
access for current
Lot B RE -4301
Off County Line Road
(CR 8) maintained by the
City of Fort Lupton
•
tit
-
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P'
Looking north into the
existing access for Lot B
of RE -4301
Picture looking
northwest from County
Road 8 at approved oil
and gas development
on proposed lot A.
WOGLAI7-0025 Permit
Approved May 24, 2017
for 10 Well Pads & a
Production Facility.
ml
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4
Picture looking north
from County Road 8 at
the proposed western
access point for
proposed Lot A
RECXI8-0007. Across
SE -777 & Lot A RE -2499
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.co.weld.co.us
E-MAIL: rreddick@weldgov.com
PHONE: (970) 353-6100, Ext. 3527
FAX: (970) 304-6498
February 02, 2018
PATTERSON JUDY
P.O. BOX 122
FORT LUPTON, CO 80621
Subject: RECX18-0007 - 2 -LOT RECORDED EXEMPTION
On parcel(s) of land described as:
PART SE4 SECTION 17, T1N, R66W LOT B REC EXEMPT RE -4301 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:
Brighton at Phone Number 303-655-2000
Fort Lupton at Phone Number 303-857-6694
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,
Ryder Reddick
Planner
RECORDED EXEMPTION (RECX)fluPPLICATION
DEPARTMENT OF PLANNING SERVICES * 1555 N. 17Th AVENUE * GREELEY, CO 80631
wvww_wel ov.com # 970-353-6100 EXT 3540 * FAX 970-304-6498
FOR ' PLANNING DEPARTMENT USE.
AMOUNTDoc
APPLICATION RECEIVED BY:
Parcel Number �' !
DATE RECEIVED: _ `1Jt
CASE # ASSIGNED: -' -�' i
nom flier -
PLANNER ASSIGNED:
(12 digit number -found on Tax 1.0. information, obtainable at the Weld County Assessor's map found at .wetdc DV„eons:)
Legal Description , section /7,, Township North, Pang � West
Has the property been divided from or had divided from it any property(ies) since August 30: 1972? YES El NO
Is the property located fl in a floodptain? YES n No Unknown in
Is the property located in a ohaza rd area? YES 11NO EL Unknown EL
FEE OWNER(S) OF THE PROPERTY:
Name: � : if c ru �, r v
r
Company: -
Phone #.
Address : A
City/State/Zip Code: e, - -/u,•T/≥Y;j s C.
'I
Email:
FEE OWNER (contpr APPLICANT:
Name:
Company:
Phone It:
Address :
City/State Zip Code:
Email:
AUTHORIZED AGENT*:
Name:
Company:
Phone#:
Address
City/Sta Warp Code:
tAlithorizetibri FO1771 rut accompany all applies t' ns signed yen Authorized Agent
a4 I
Email: -� i,� it
r
smallest
Lot A
Iot
Lot B
Lot C
Lot D
Propped Use (i.e. Ag or
Res
Proposed Acreage
qiya
ipesr
2 72.4E.5
Address
D
I
I (We) request that the above described property be designated a Recorded Exemption by the Weld County Board of
County Commissioners. I (We) hereby depose and state under penalties of perjury that all statements, proposals, and/or
plans submitted with or contained within the application are true and correct to the best of my (our) knowledge..
Signatures of all fee owners of property must sign this application. If an Authored Agent signs, a letter of authorization
from all fee owners must be included with the application. If a corporation is the fee owner, nota rite d, evidence must be
included showing the signatory has the legal authority to sign for the corporalion.
i
ne7
re
Signature: Owner or Authorized Agent Date
.fli roc Eta _
Print: Owner or Authorizeil Agent
Signature: Owner or Authorized Agent Date
Print Owner or Authorized Agent
If an Authorized Agent signs, a letter of authorizalion from all fee owners must be included with the application. If a corporation is
the fee owner, notarized evidence must be included showing the signatory has the legal authority to sign for the corporation.
Page 16
Weld County Board of Commissioners January 31, 2018
I recently applied for a recorded exemption on my property on County Road 8 in
Fort Lupton. I was told by the Department of Planning that my request would be
denied as after 20ai a Lot B of any recorded exemption could not be divided
again if it was under 35 acres. I was not aware of this and it has always been my
intent to record off a few acres on the north edge of this property to be used as a
residence. Currently this is used for pasture land with a total of 31 h acres, only 3
X acres short of the requirement.
I feel like the best use of this area is residential. It is the prefect location to raise a
family. This is the genera! use for this area, as there are 3 residences to the north
and 2 residences to the south. There is already a road that goes north from Road
8 on the west boundary of this property that is used by the residence to the
north. I can utilize this as an access to my property, and would not have to ask for
a new access off of road 8.
It would also be beneficial to Weld County to have this as residential as the tax
revenue would be substantially more than agricultural property and there would
also be revenue from building permits, septic permit and all that goes with adding
improvements to this property.
It is my hope that you understand my position and that you agree that since it is
only 3 h acres less than the requirement and that the best and most appropriate
and usefulness of this 6 acres is residential.
Thank you for your consideration in this matter.
Respectfully,
Ken Borough
/96/72 Mi6,460-ec-6
January 17, 2018
To Whom It May Concern:
1, Ken Burough, give permission to Judy Patterson to work as
my agent for a recorded exemption for the property at the SE 4
SE4S 17,11 N, R66W, Lot BofRE#4301.
I can be contacted at 303-913-6812.
Date
Name
RECORDED EXEMPTION (RE QUESTIONNAIRE
++++ Please type or print your responses to the following quests 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 domesticlpotable 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 Di;ct, 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 attar!_' or 'Water will be provide by a well Well Permit 1# 12345
isattached? or -Water bill from XYZ Water Company is attached".
Lot A 7Water Source I
ir
EL?'
8P 1 • t
` C ies r-itt
as wari
A.. r
i
i J r i to flI4d
al
Lot B Water
Source
Sta nei 6,2 ets_lersea a. - - -
Lot C Water Source
Lot
D Water Source
2. Irrigation water. State the type and quantity of irrigation water to the site or when irrigation water has been
removed from the site (Example - "Four (4) shares of ABC Ditch Company Water will remain with the site,
acopy' of■- the purchase agreement addressing this 'ite m is attached," or "The parcel was purchased with no
water rights.")
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 submits g this
application. If a new septic system will be installed please state that a new septic system is proposed. A
copy of the septic permit or a letter from the sewage disposal facility must accompany the application.
(Example - Sewer service will be provided by Anytown Sewer and a Commitment to Serve letter from
Anytown is attached? or aA Septic system wiU be designed, constructed and permitted according to Weld
County septic requirements: or "A copy of the existing Septic Permit #1236189 is included with the
a []; !cation.'
Lot
A sewage disposal
l
r
ems)
Lo#
wage disposal!
1
Jr
Ile
'rtnel!
t i► a l Lig b`
_i -
Lot
C sewage disposal
Lot
0 sewage disposal
seilyylekno. cro be, tag' na, arms Ait, tote atm
p gderi t 11.0 ctd . Mi& &it,rearileds
Page 17
4. Describe how the property is being used. (Example -' he parcel has one house, one mobile home for the
hired hand permitted under Mobile Home PermitSt 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 lank battery in the northeastern corner. The south half of the property is flood irrigated and
current] fanlec1 in alfalfa_
coL ra ea ri Pa IC e tai st,LA 71.,,P" /Sit ti
1 is
e r it / . r ,tL eic (i a tI . e. two/4k - edo i g ` �� _ (lute
Aci-Arite bar AcLA> Ts' /1720peoe); IS Chutiefr-intity, asS Lc, persiet :etc
5. Describe the vehicular access to The new and existing lots? (Example — "Each lot will have individual
driveways off of County Road 12" or "All lots will shoe the existing access paint off of County Road b9")
Tiler a. 13 an e fteS'ifsg.Java-nor' 104e t -border cif Ms opcd
1-1L-4 6640, Z � v resat:mei:Ls 5,420,4
0 ,^ picapers /gee deSS %-ilOCkelS *-Pie are& S CZIS /MIA "'Oat),
6. Describe the location, size, of the new lots). (Example - -The property will be split into one five (5) acre lot
and one 40 acre tat, _
e mac pkr,%-4, I hi-, ci v ce ee ppri,4) zit ) el ($9) iznis i g
to ilia I& be am r'Al'�hi:
be,
i _ " 1 aa . i7 „,try , It -ei- o S
,'f / r o,d `d'Irii4 r te979 m/9 s + ak
7. Describe any unique physical characteristics the site, If applicable such as rock outcroppings, hills,
ditches. Exam le- ABC ditch runs diagonally_a-cry the southeastern quarter of the property?)
Titgi,„,s „kit)_cnor
hordilec 647t
--41 'Ls pit rseds
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)? (Exarnple - gUSR12-1234 for my
concrete business will be vacated as my son is moving the business and equipment to his property outside
of Weld CoLintyl _
Page 18
LOT s
RE -2466
(NOT A PART)
S 8„9"56304a
„ •1blr6jib + W 8403O'
V'
I zi)
I sivreposa
I' ilcesegas
I
r. 4.amraa
PROPOSED LOT A
6.900 ACRES
l f3'ROAD EASEMENT
� SK 162 PG 5
I
i N 89*5O'4,'w E `47. '8'
LOT A
CORR. RE -2499
NOT A PART)
N 00'12'12" E
SUB. a 777
(NOT A PART)
PROPOSED PROPERTY LINE
EXISTING LOT 8 O1
RE -4301 s
31.51 ACRES LlAt
Vilma PARS — NO BUILDINGS
FENCE
x
N 89'52'46'' E 42.Of
Lu
to a
itsii LA-
Ot
a
�r r
•
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x
LOTA
RE -24.66
(NOT A PART)
7443,333QC E 57.15' //r- S S 24'14110a £ 61.15'
S 40%59130° E 6910'
I
FULTON DITCH
N 5516'5O" W 128.15'
I
x je imao, --ra._I
Cie
tO
Lu
mo,
to
ACCESS LOCATION
LOT A
RE -4301
(NOT A PART)
N 86`12112t E 286.58'
1l
30' access & 1 1
Unc. EASEMENT —*-I I -.Ka- 4301 I
—
24 7 ACRES
1s
10' RESERVED ROW 7 i i
30' ROW it 1 1
ACCESS LOCATION
1 • tat— •
S 89'48'40 W 1039.81'
COUNTY R0 8
SO' pow —1
.ter • r.rr
a
COUNTY ROAD 29
S 00•04°25" E 589 Or
a
200'
400'
CERTIFICATE OF CONVEYANCES WELD COUNTY
STATE OF COLORADO DEPT. OF PLANNING SERVICES
The NORTH AMERICAN TITLE COMPANY 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:
PT SE4 17-1-66 LOT B REC EXEMPT RE4301
COUNTY OF WELD, STATE OF COLORADO.
CONVEYANCES (if none appear, so state):
Reception No
Reception No
Reception No
Reception No
Reception No
Reception No
._1571363 , Book 651
. _1574476_, Book 652
. _1922410_, Book 992
. 2551118_, Book 1609
. 3713115_, Book
. _3972169_, Book
The certificate is made for the use and benefit of the Department of Planning Services of
Weld County, Colorado.
This certificate is not to be constructed as an Abstract of Title nor an opinion of Title, nor
a guarantee Title and the liability of NORTH AMERICAN TITLE COMPANY, is
hereby limited to the fee paid for this Certificate.
In Witness whereof, NORTH AMERICAN TITLE COMPANY, has caused this
certificate to be signed by its proper officer this 9th day of January 2018, at Denver,
Colorado.
Corn
By.
rican Title Company
Title Officer
Autho}aed Signature
wan, Inc. NA SKL13322 WE 1571363-1971.401
vtl Mn . 4l C uU mrle Otl dish. gel OLA'y`Lg gabatt[ • • • d f rap C
Cvllarm end no/100 end BthUN Valuable der dfarllya - as r� Slee
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seilbseleeek ePeepp e1. 16rde4 ettemedis fameofra aaN porno of as sremi — !0Y
labs mi PPM to ee.=6wea Prose PEP PIM, to ward epee& rimy eelprrad.
a4•ala pa lee Oft se Pea M M Pe 1> den er MD MIME DIMMO,
de war o• ail wick** 4 se tut eel rays lawmen en w Mobred
- doLra7 Pa o...•bmeal4"
h�r--.-...m'riu
i ROOK!, ci5w orded n I / ci.
Reception No - `3:0.51.7 4~l6
EP 2'- 1971:
rOMt• " • .
Itecordtr:
-mss. _. ...... :.... ..
Tills -DEl:n, Made this 31Ht-1 day of August .15 71 .,
between
MARRY GARTRELL.$nd"MYRA L. GARTRELL
of the. I.
Cronly'Of Weld and State of Colorado, of the first part,nnf
H RLON L. GARTRELL
of the County of Weld •
and State of
Colorado, of the second part:
i•VITNESSETFI, That the said parLesof the first part, for and in consideration of the sum of
Other valuable consideration and Ten and no/104 D0Ll.A1tS
to the raid part ies of the first port in hand paid by amid port y of the second part, the receipt whereof i,
hereby confessed and acknowledged, hiVO granted, bargained, said and conveyed, and by these preacnts do
grant, bargain, sell, convoy and confirm, unto the said party of the second part,his hours and oeaigns for-
ever, all the following described lot or parcel ad land, altitude, lying and being in the
County of Weld and State of Colorado, to wit:
The SEh of the SEh of Section 17, Township 1 North, Range 66
West of the 6th P.M., Weld County, Colorado, EXCEPT right of way
as described in Deed recorded in Book 162, Page 5, Weld County
Records; and EXCEPT right of way as conveyed by Deed recorded in
Book 930, Page 438, Weld County Records; and EXCEPT reservations as
contained in Patent recorded in Book 153, Page 40, and in Deed
recorded in Book 97, Page 39, Weld County Records;
Together with 25 shares of the Fulton Irrigation Ditch Company
capital stock.
TOGE'fliElt with all and singular the hereditament, end appurtenances thereto belonging, or 1n anywise
appertaining, and the revereiun and reversions, remainder and remainders. rents, issue, and profits thereof. end all
the estate, right, title. Enlarger, claim and demand whateoaver of the said parties of to first part, either in Into
or equity, of, in and to the above bargained premiere, with the heredllameote and eppurtenenrrrss.
TO HAVE AND TO ROLD the said premises above bargained end described with the appurtenances, unto the
said port y of the second pari,hif3 heirs and assigns former. And the said marl ins nr the firer part.
for them nudges thsjgdrre executors, and administrators, de covenant, grant, bargain, and agree to and
with the said part y of the aecand part, hie heirs and wigs,. that at the Ome of the ensraling and delivery
of these presents, they areecll seined of the premises above convoyed, as of good. sure, perfect, absolute and
indefeasible estate of Inheritance, in law, in fee simple, Red ha ye a goad right, full power Cod lawful authority
to grant, bargain, soil and conic; the same in manner and term as ofatrsald, and that the same are fore and clear
from all former and other grant,, bargain,. saint, lures, taxes, asrrsimenta pad carurntnent., of whatever kind nr
nature .never. Except, asements restri dop ronery ti na ri ts of
way of record, if any, and taxes for 1971 payable in 1912, no.
except two existing Deeds of Trust of record which second party
assure and agrees to pay and hold first parties harmless therefrom,
and the above bargained premises in the quirt and peaceable assess„e of the .aid part y of the amend loll.
his helm and nu.elgeo against all and s'Yery per.om or porsnns leofully claiming or to rialm the whole
or any part thereof, the said part ie8 of the first part .hail and will WARRANT AND FOttF1 Eli DEFEND
1N WITNESS WHEREOF. the said part ies of the fins part ha VQ hereunto try thoirhAnd a
and eeo1S rho day and year first above written.
State €k, Jr.,m-ttu,y Fro
Dote sr ,.2. ,- 9 ....
$ ,[z_- .
STATE OF COLORADO,
County of Adams
f/! rt. cC t tliEALI
I Iy dottr.9 i
I . ., r .VU:A 1.1
///--c +et :. ; t, i•SEALl
mA9A. Gartrell
F .s
The foregoing Instrument wee acknowledged begs, an this 31St
day of
August
is 71.by Harry Gartrell and Myra L. Gartrell
fly commission expires November 27, , 1071 WiEner, my aad dlrfry�,wral.
No. 9$2. aeii rekry n S0 —Far P,Ntar.stl. n.rore 11,.il,eI rotitl.hles Co.. Intl -re start SW -rot Drnrn, ,atones-•„• YA
I
Colorado
ARVI0.241111
B 0992 AEC 01922410 04/04/83 16.06 $3.00 1/001
F 1894 MARY ANN FEUERSTEIM CLERK & RECORDER WELD CO, al
Reaw........» ...,
HARLON L. GARTRELL
bo.e■ddrna is 13767 Weld County Road 8; Ft. Lupton, CO
Co®q a Weld , and Stale of
. for the ronaideratloo of Ten Dollars and -
other good and valuable consideration in hiedpaw.
►ere* aeli(al a.d gall Shiro(.} to HARLAN L. GARTRELL
who.e adarrM is 13767 Weld County Road 8.. Ft. 'Lupton, CO 80621
County of Weld , and sate of Colorado , lie following, real
property, la the County of Weld - and Mato or IIOLmdo, to wit:
The Southeast quarter of the Southeast Quarter (5E$ 5EI) of
Section Seventeen (17). township One (1) North, flange slaty -silt (66) West
of the Sixth (6th) P.11., County of Weld, State of Colorado
with all its appurtenances
8igaed Shia 25th
day of March . 1p 03
BTAT= OP COLORADO,
_,• Cooaty of Boulder
Harlon L. Cartreil
h
he foregoing laatiwment was aelmowledred before m. cite 25th
cloy of March ,19 83 ,by Harlan L. Gartrell.
My commirlea eapirr.
Wiliam*, bond and official all
+. „a, _.1
436 Coffman Street
Longmont, CO 80501
...... Hair
tan sut verr aMw oM—a.a s-
—a'Ward Yatriia Cw, 1zaaY WM Yawl. Nam,. eaa & -LT,
SKID, Inc. NA SEL13322 NE 1922410-1983.001
fib to. O
_ 255111E B-1609 P-3206103/1997 12:41P PG 1 0i 1 REC
Veld County CO JA 5uki Ysukavoto Clerk & Recorder 6.00
WARRANTY DEED
THISDEED,.Mhdemis 23rd *tar. Nell I0. 97 .
between Harlan L. Gartrell
otLbe County of Whid and Meteor Colorado
gooier, and Ken Borough
DOC h
16.00
. who eJag@leddieelo 734 south Denver Avenue,. Eoxt Lupton, Colorado_ 60.621
ofthe County of weld end Sweat Colorado grainer:
WTINEYSSTIS Tiler the a0or, Venal (acaasidorAtkin ash: Purnell ONE HUM:1RLO SIXTY THOUSAND AND
NO/100
- - ..i}OLI.AR5.;5150,d10d.00 1,
rho reeelpt awl a+sf15eie. r of which is homey Actnawlc4ccsl. Ore Moran! hrrweiee,l. sold sod mrrravfin. arras. of U.ei„_ 1.4'4 4.15.
Svcs p u11, helgste, sef1. eonr+uy sf . unto thr granite. hie heirs dui a,rigry fa,avar, at, the rod pnal.clry Ir cLh.a with
impnsvemen... if any, rimes. iy4ps ii) bang in We County of We , and Slain of Colorado_
described ea folbwc
Lot j'}, RECORDED F.XIO1Pl'ION NO. 1471-17-4-RE1238, according to the Map recorded
ttroveodyuk 15, 1990 in Book 129] et Reception No. 2213117, being a part of the
Southeast 1/4 of the southeast 2/4 of Section 17, Township 1 North, Range 66
Worst of tale Gth P.M.,
County of Weld, Stets of Colorado
TOGETHER wAth- Ri eat ; 51- shares- in the FuFtrin Irrigation- Company.
also known bysAcctmdmlmbras Vacant Lane;, Fort Lupton, Colorado 80621
TOCIETKRR with all and singular the heredlrmnenu nor) app114, ,i,wc. iI rcunh, belonging, or in Inywite .pperra.air, and
doe reversion and raveraione, ,an.tirde. and ftmwtvlr.ri, rsnlr, roues and profile thereof. Baal all rho toter, fight. lidt, inrsicslt
chid, and doarand wh.tseeoee id 'be glanbl, Cabe: 1n Nov IN equity. of, in are] It Ile :dove h=r6.inecl ixetuiws. with the
hercdit.tnchla seed appurre nwleee.
TD -NAVE. AND TO ROL1i rho said peones; show bargain.] cod ticw,ibee. with 111n appurtenances - Halo the wenlo.. Id.
Wits and etsigne forever, And Mt grantor, fa hiMooll, hi.. lairs and peronaal rep:elemetric.. does a,uro.nr, CIIaL bogain anti
ogee on. and weir, 111e grantee, hie heirs cad assign, the at the time of ,hn orscaling 4r] delivery _or that pal renh_ ha it wall
..cited of UK Fttotiecs above conveyed, hen geed, cure, periwl ahsolrrlt said indefeasible elate of ink vie.nco, in low, in
fee simple. amt has gi otL right, roll power an1S l.wftq awltcoily to weal I,areain. tell ant convoy lie stmt 10 ,g4,otf and form
an daeeadd. and that the lama are bee and dear from all fanner nod other grantt, bargains, saw limp- lases, eranrrsmanre,
rnctvnbrerlect end road, ittuan of whares-ar kind or netare antes, eltrpt Ian excel fh,r the current }ear. u lien hoe tool yea due
or petable, taawmeata,resit le. -Ilene, reservationq rorchanee area righl..ei-wayafrecnrd.lfaer, ant1 subject to
a nos—oxclusrve 3d —foot nccltgg Y sad comnmerit for tin henrat1t of Lot h of
RE123B as stxrl•tr 4t1 then Rar:orded Exemption Plot_
31st gralOOf sbidl tr+rd wi El WAR RANT AND POR IIIVR DFE7°Nfl ebe gg% dttsdP,o rats,. in ate.Dust end rt.•
...ion of the grnrrlot. ht. Mira end anoigns, ag.inrt all .nd o.cry pylon aI penult lawaully elaireiag Hie when army pars ri,trsl,l,
The singular .rusher obeli include the fauna, the p1+to.l she singular. and the use of airy gotltl.r 110,11 F„ .plrl,cebk tar oil Dantean
1N 1+YF 1TisSS 5YHlTh HOC. th, grantor has areeuled aids deed un are doin ar11,0gig ,r ara
rarla.n L.
STATE OF COLORADO
COUNTY OF WELD
1
}sr.
lfx foregoinp,;nrt:ur:te rrlwa arlmowkdgad before me tide 23rd
fierlama t,. Geortrell
MyCommsrlonnom; Decomhnr 10, 1997
Wilnce my Iruruland official aeon
Nunrry l'uhlic
Debra L_ Covert
aaaaIgnvn
wagons onshore =it lr I1ra.la.p(e Renal
I4M r 141 era 111.0'
S1Q.D, Inc. hiA 61Q.13322 WE 2551110-1997.001
115
Recording requested by:
When recorded, �mail to:
Name: Cn
I I I1I1111I11111111 I1I11 I1I1111II1111111 I ll 11111 HI f 1111
3713115 D8/2012010 03:00P Weld County, CO
1 of 2 R 16.00 a 0,00 Sieve Moreno Clerk 8 Recorder
Space above reserved for use by Recorder's Office
Address: / 7 Document prepared by:
City:A;•t 0 - - Name -
StaterZip: ell. Re !! Address
Property Tax ParccUAccount Number:
City/State/Zip
Quitclaim Deed
This Quitclaim Deed is made on
ro i /t - , Grantor, of
, between
242 C. S
.�.� ,
City of St le of
and rrl,i / �L! t.m , Grantee, of �,,,.7
Vay 1+J, . 4a City of _ge _ , State of i- lfr f f LC, -feel _
For valuable consideration, the Grantor hereby quitclaims and transfers all right, title, and interest held by
the Grantor in the following described real estate and improvements to the Grantee, and his or her heirs
and assigns, to have and bold forever, located at
�7y- _ City of r.�ti. , State of /O� -r d
1..' / s /7- /- 44 4671.? Tec /u�t?0-160/
Subject to all easements, rights of way, protective covenants, and mineral reservations of record, if any,
Taxes for the tax year of tReihr, shall be prorated between the Grantor and Grantee as of the date of
recording of this deed.
*NOVA Aultclatm Deed Pp.1 (01 -
SKIM, Ina. NA Sta,13322 WE 3713115-2010.001
1111111111/0111/Illi�flrIi� IlilliIII11111iiliiii
3713115 0812012010 03:00P Weld County, CD
2 of 2 R 16.0 d 0.00 Steve Moreno Clerk & Recottlet
Dated:
11_B_ L 1 o L4 ! Name of Grantor
Signet eof W� 1
Signature of Witness #2
State of fiGU%L c,
On ck
Printed Name of Witness #1
Printed Name of Witness #2
County of Far }1.>5
, the Grantor,
personally came before me and, being duly sworn, did state and prove that be/she is the person described
in the above document and that he/she signed the above document in my presence.
Notary Signature
Notary Public,
In and for the County of
T VfO 4.
ms
-�e�... ;a�'�,
30:
yam`""" r97,/44?4C:
_484.01,1 S State of c; 1 cKc
My commission expires: LJ _ eaq-d.
Send all tax statements to Grantee.
SIQ.D, Inc. NA SPCL13322 WE 3713115-2010.002
Seal
*NOYAQuNddm Deed Pg,2 (D1-09)
3972159 Pages: 1 of 2
15/21/2011,3p tI 44 PA R Pee:SI6,e0 D Pet: 5.00
O
■lilM�rall'�f.1,�fii�',VI��d,F�ti�'md�l. Ceto and Rao -order, UsW. County, emil Y ill!
Recording requested by: Space above reserved for use byRccordcrr''s Office
When recorded, mail to: Document prepared by: f 1 aL I 4b
Nam c. _ ./ �� Name ri a t 'l3 >
Address: �% Address 1 3-7
City/ -, ip: R-21, !. L4 City/StateiZip f /142,P406 + (13- &Pr*
Property Tax Parcel/Account Number:
Quitclaim Deed
This Quitclaim Deed is made on , between
l n kl� 1 «i Q 1S , Grantor, of LI f! U Yi
X11. flz4OCCity of f2lz-t - 'State of Q 44w rri Q X..1 [ (—
and I'1 3 x. r0 u C 1`1 , Grantee, 4) Q61 .. CO u -ky 1370'
, city of F -F pkt)n , state of (_ a k n rQ
For valuable consideration, the Grantor hereby quitclaims and transfers alI right, title, and interest held by
the Grantor in the following described real estate and improvements to the Grantee, and his or her heirs
and assigns, to have and hold forever, located at
, City of `t, l ,state of CO O Y'a0_o
-T ,5 E4 Lot 5 tae.c E Qmp1 cE-4
Subject to all easements, rights of way, protective covenants, and mineral reservations of record, if any.
Taxes for the tax year of shall be prorated between the Grantor and Grantee as of the date of
recording of this deed.
*NOVA Quitclaim Deed Pg.1 (07-04)
S34.D, Inc. NA 8KL13322 WE 3972169-2013.001
3972169 Pages: 2 of 2
14121/2213 01:44 kF k Fee '$15.841 0 Fee_SB,22
Stave Marano, Clerk and Retnrdor, Weld Cxnty. CO
■III IMJ���r�r',?I�h'14iCli' IJ�I: FalliTIDI LiCW�h 11!11
Dated:
Signs
re of Grantor
Signature of Witness #1
Signature of Witness #2
Printed Name of Witness #1
Printed Name of Witness #2
State of County of
Qn , the Grantor,
personally came before Inc and, being duly sworn, did stag and prove that he/she is the person described
in the above document and that he/she signed the above document in my presence.
Notary Public,
in and for the County of
My commission expires:
Send all tax statements to Grantee.
SKID, Inc. NA Sta.13322 WE 3972169-2013.002
State of
/mil t0
Ctnnda Sam
NtGary Public
Stale of Colorado
Notary ID 20124045284
My Commission Expires July 26, 2016
Seal
N14QVA9WIcla►-n Deed Pg.2 (07-09)
Submit by Email
Weld County Referral
February 2, 2018
The Weld County Department of Planning Services has received the following item for review:
Applicant: KEN BUROUGH
Please Reply By: March 2, 2018
Project: 2 -LOT RECORDED EXEMPTION
Case Number: RECX18-0007
Planner: Ryder Reddick
Location: North of and adjacent to County Road 8 and west of and adjacent to County Road 29
Parcel Number: 147117400094-R4267906 Legal: PART SE4 SECTION 17, R1 N, R66W LOT B REC
EXEMPT RE -4301 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 Date 02/08/2108
Agency
Zoning Compliance
Weld County Planning Dept. 1555 N 17th Ave, Greeley, CO. 80631 (970) 353-6100 ext,3540 (970) 304-6498 fax
MEMORANDUM
TO: Ryder Reddick, Planning Services
DATE: February 28, 2018
FROM: Hayley Balzano, Public Works
SUBJECT: RECX18-0007 Burough
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): 147117400094
The project proposes to: Two lot Recorded Exemption
ROADS AND RIGHT-OF-WAY:
This portion of County Road 8 is under the jurisdiction of the City or Town (municipality) of Fort Lupton. The
municipality has jurisdiction over access to the road. The applicant shall delineate on the site map or plat
the future and existing right-of-way and the physical location of the road. 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.
Please contact the municipality to verify the access permit or for any additional requirements that may be
needed to obtain or upgrade the permit.
County Road 29 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:
This project accesses onto the Municipality of Fort Lupton. Please contact the Municipality for access
requirements.
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.
The applicant shall submit a recorded copy of any agreement signed by all of the owners of the property
crossed by the access. The access shall be for ingress and egress and shall be referenced on the plat by
the Weld County Clerk and Recorders Reception number.
GEOLOGIC HAZARD AREA:
This area IS NOT in a Geologic Hazard Area.
FLOODPLAIN:
This area IS NOT in a FEMA regulatory floodplain.
CONDITIONS OF APPROVAL:
A. The plat shall be amended to delineate the following:
1. Show the approved City of Fort Lupton access point(s) on the plat and label with the
approved access permit number if applicable. The applicant shall verify and delineate on
the plat the existing right-of-way. 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. (Department of Public Works)
2. County Road 29 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 a 30 -ft. minimum access and utility easement to provide legal access to
the parcel on the plat. (Department of Public Works)
4. The applicant shall submit a recorded copy of any agreement signed by all the owners of
the property(ies) crossed by the access. The access shall be for ingress and egress and
shall be referenced on the plat by the Weld County Clerk and Recorder's Reception
number. (Department of Public Works).
DEVELOPMENT STANDARDS (NOTES ON THE SITE MAP)
1. The property owner shall control noxious weeds on the site. (Department of Public Works)
2. Weld County will not replace overlapping easements located within existing right-of-way or
pay to relocate existing utilities within the existing County right-of-way. (Department of
Public Works)
3. Access on the site shall be maintained to mitigate any impacts to the public road including
damages and/or offsite tracking. (Department of Public Works)
4. 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)
5. The historical flow patterns and runoff amounts will be maintained on the site. (Department
of Public Works)
•.''�.�86i �u
r1
couNTY
WELD COUNTY DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT
1555 North 17th Avenue, Greeley, CO 80631 www,weldhealth,org
Memorandum
To: Ryder Reddick, WC Planning
From: Ben Frissell, Environmental Health Services
Date: February 28, 2018
Re: RECX78-0007 Applicant: Burough
Environmental Health Services has reviewed this proposal to exempt one lot from a 31
acre parcel. Proposed lot A will consist of 7 acres and proposed lot B will consist of 24
acres. Both lots are currently vacant. Both lots will be serviced by proposed new wells
and by proposed on -site wastewater treatment systems as applicable.
The Environmental Health Services Division recommends the following:
Prior to construction:
1. If buildings requiring water and sewer are to be constructed, a Weld County Septic
Permit is required for both proposed lots septic systems and shall be installed
according to the Weld County On -site Wastewater Treatment System Regulations.
The following should be included as notes on the plat:
1. The owner should be aware that while they may be able to obtain a well permit from
the Office of the State Engineer, Division of Water Resources, the quantity of water
available for usage may be limited to specific uses, i.e. domestic use only, etc. Also,
the owner should be made aware that groundwater may not meet all drinking water
standards as defined by the Colorado Department of Public Health and
Environment. We strongly encourage the owner to test their drinking water prior to
consumption and periodically test it over time.
Health Administration
Vital Records
Icic: W/0 304 6410
Fax: 9/0-30.1-64I2
Public Health &
Clinical Services
lobo: 9/0 :304 6420
Fax: 9,10-304-64I6
Environmental Health
Services
Tele: 970-304-6415
Fux: 970-304-6411
Communication,
Education & Planning
Tele: 970-304-6470
Fox: 970-304-5452
Emergency Preparedness
& Response
Tele: 970-304-6470
Fax: 970-304-6462
Public Health
Submit by Email
Weld County Referral
February 2, 2018
The Weld County Department of Planning Services has received the following item for review:
Applicant: KEN BUROUGH
Please Reply By: March 2, 2018
Project: 2 -LOT RECORDED EXEMPTION
Case Number: RECX18-0007
Planner: Ryder Reddick
Location: North of and adjacent to County Road 8 and west of and adjacent to County Road 29
Parcel Number: 147117400094-R4267906 Legal: PART SE4 SECTION 17, R1N, R66W LOT B REC
EXEMPT RE -4301 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.
See attached letter.
Signature ;7 f Date 2.'1-1 a
Agency
Weld County School Dist RE8
Weld County Planning Dept. 1555 N 17th Ave, Greeley, CO. 80631 (970) 353-6100 ext.3540 (970) 304-6498 fax
February 7, 2018
school
district
Administration Office www.ftlupton.k12.co.us
301 Reynolds Street Ph: 303-857-3200
Fort Lupton, CO 80621 Fax: 303-857-3219
Ryder Reddick
Weld County Planning Department
1555 North 17th Avenue
Greeley, CO 80631
RE: Weld County Referral
Ken Burough
Recorded Exemption RECX 18-0007
Thank you for referring Ken Burough exemption to the School District. Based upon expected
student generation rates from what appears to be the possibility of one new single-family unit
residential lot on approximately 7 acres, the new home would generate approximately 1 new
student to be accommodated within the District. Bus transportation would likely be provided.
It is understood that approval of the proposed new lot does not yet add residential units to
enrollment potential. However, certain school issues should be considered at this important
juncture, including school site planning, transportation access and facility capacity.
The current facilities that would serve this lot are Twombly Elementary, Butler Elementary or
Quest Academy at Dacono, Fort Lupton Middle School and Fort Lupton High School.
Capacities and enrollments of these schools are:
Seats
Student Enrollment Available
School ( Grades Served) Capacity (10/1/17) Short
Twombly Primary (PK-5) 620 568 52
Butler Elementary (PK-5) 668 533 135
Quest Academy at Dacono (K-8) 180 191 -11
Fort Lupton Middle School (6-8) 880 496 384
Fort Lupton High School (9-12) 770 633 137
The District is on record as not opposing growth so long as the growth is planned and is
manageable from a student enrollment standpoint. This development could impact all levels of
A community united for student success...college ready!
Una comunidad unida pare el exito de sus estudiantes...
iListos para la universidadl
schools. In addition, even without this project, completion of other previously approved
developments would generate more students than can be accommodated by the existing schools.
As the volume of developments increases with no alleviation of the existing capacity conditions,
the ability to provide the same quality education for these new students becomes increasingly
difficult. Weld County School District Re -8 requests the cooperation and participation of the
developer to provide cash in -lieu of land dedication fee, $939.00 per new lot, to address the need
for future school sites. Further, the District requests that the County assist with monitoring
residential growth working and consider facility capacity impacts upon the schools in
determining whether a new project should be approved.
We appreciate your cooperation and the opportunity to comment upon the issues of interest to
both the County and the School District. We ask that the recorded exemption not be approved
until the applicant demonstrates that the cash in -lieu of land dedication fee has been paid, or that
arrangements have been made with the School District. If you have any questions or need
additional information, please do not hesitate to contact me at (303) 857-3210.
Sincerely,
'L
f
f -
Marc L Kahn
Business Manager
Submit by Email
Weld County Referral
February 2, 2018
The Weld County Department of Planning Services has received the following item for review:
Applicant: KEN BUROUGH
Please Reply By: March 2, 2018
Project: 2 -LOT RECORDED EXEMPTION
Case Number: RECX18-0007
Planner: Ryder Reddick
Location: North of and adjacent to County Road 8 and west of and adjacent to County Road 29
Parcel Number: 147117400094-R4267906 Legal: PART SE4 SECTION 17, R1 N, R66W LOT B REC
EXEMPT RE -4301 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.
n
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.
Taw Tamlin, Fire Marshal 02/15/2018
Signature Date
Agency
Fort Lupton Fire Protection District
Weld County Planning Dept. 1555 N 17th Ave, Greeley, CO. 80631 (970) 353-6100 ext,3540 (970) 304-6498 fax
I OII'i' I.0 IT ON
₹•IK₹:-.F.
I'HUTL.c I KIN DINEt1Ul
Date: 02/15/2018
Project name: Weld County Planning RECX18-0007
Project address: SE 4 SE4 S 17, T1N, LOT B OF RE #4301
FLFPD Project #2018-011
Plan reviewer: Taw Tamlin
The Fire District has reviewed the submitted plans for the RECX18-0007 located SE 4 SE4 S 17,
T1N, LOT B OF RE #4301, Fort Lupton, CO. The plans were reviewed for compliance with 2012
International Fire Code (IFC) as adopted by the Fort Lupton Fire Protection District and the
Weld County Commissioners. The plans are approved with the following requirements.
1. New and existing buildings shall have approved address numbers, building numbers or
approved building identification placed in a position that is plainly legible and visible
from the street or road fronting the property. These numbers shall contrast with their
background. Address numbers shall be provided in additional approved locations to
facilitate emergency response (see comment #2). Address numbers shall be Arabic
numbers or alphabetical letters. Numbers shall be a minimum of 4 inches high with a
minimum stroke width of 0.5 inch. Where access is by means of a private road and the
building cannot be viewed from the public way, a monument, pole or other sign or means
shall be used to identify the structure. Address numbers shall be maintained. 2012 IFC
505.1
2. An address sign shall be placed at the driveway entrance of Lot B when developed.
3. The Fort Lupton Fire Protection District provides for a cost of $8.00 a reflective address
sign that meets the fire code requirements. You do not have to use our reflective sign,
but if you are interested, contact the administration office at (303) 857-4603.
4. Fire apparatus access road (driveway) for one or two-family dwellings shall have an
unobstructed width of not less than 16 feet (6096 mm), exclusive of shoulders, except for
security gates approved by the fire chief, and an unobstructed vertical clearance of not
less than 13 feet 6 inches (4115 mm). 2012 IFC Section 503.2.1
5. The fire apparatus access road (driveway) shall be designed and maintained to support
the imposed loads of fire apparatus (56,000 pounds) and shall be surfaced so as to
provide all-weather driving capabilities (e.g. gravel, road base or recycled asphalt). 2012
IFC Section 503.2.3
Page 1 of 1
COLORADO
Division of Water Resources
=:epa i er2t of Natural Resources
February 5, 2018
Ryder Reddick
Weld County Department of Building and Planning Services
Transmitted via email:
rreddick@weldgov.com
RE: Ken Burough Two Lot Recorded Exemption
Case no. RECX18-OOO7
SE /, SE 1/4 Sec. 17, T1 N, R66W, 6th P.M.
Water Division 1, Water District 2
Dear Mr. Reddick,
John W. Hickenlooper
Governor
Robert Randall
Executive Director
Kevin G. Rein, P.E.
Director/State Engineer
This referral does not appear to qualify as a "subdivision" as defined in Section 30-28-
101(10)(a), C.R.S. Therefore, pursuant to the State Engineer's March 4, 2005 and March 11,
2011 memorandums to county planning directors, this office will only perform a cursory
review of the referral information and provide informal comments. The comments do not
address the adequacy of the water supply plan for this project or the ability of the water
supply plan to satisfy any County regulations or requirements. In addition, the comments
provided herein cannot be used to guarantee a viable water supply plan or infrastructure, the
issuance of a well permit, or physical availability of water.
The Applicant is requesting to divide by exemption approximately 31.5 acres, into two lots of
approximately 6.963 acres (Lot A) and 24.547 acres (Lot B). The proposed water supply for
Lots A and B are proposed on lot wells.
The ability for the lots to obtain well permits, and the allowed uses, will be determined at the
time that the well permit applications are submitted to and reviewed by the State Engineers
Office. If you, or the applicant, have any questions please contact Ailis Thyne at 303-866-3581
x8216.
Sincerely,
/1
Joan(a Williams, P.E.
Water Resource Engineer
Office of the State Engineer
1313 Sherman Street, Room 821, Denver, CO 80203 P 303.866.3581
www.water.state. co. us
Hello