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HomeMy WebLinkAbout20181887.tiffRESOLUTION RE: APPROVAL OF RECORDED EXEMPTION, RECX18-0043 - THEA HORA 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, RECX18-0043, was submitted by Thea Hora, 22378 County Road 53, Kersey, Colorado 80644, for property which is located on the following described real estate, to -wit: Lot B of Recorded Exemption, RE -4160; being part of W1/2 SW1/4 of Section 9, Township 4 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, RECX18-0043, 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 3.2 acres and 1.3 acres. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the hereinabove described parcel of land be, and hereby is, exempt from the definition of the terms "subdivision" and "subdivided land." BE IT FURTHER RESOLVED by the Board that the application of Thea Hora for Recorded Exemption, RECX18-0043, be, and hereby is, approved subject to the following conditions: 1. Prior to recording the plat: A. The applicant shall submit a sketch of the existing septic with dimension and distance from proposed lot lines to the Weld County Department of Public Health and Environment. All septic systems must be located on their respective lots and meet all lot line setback requirements. Evidence of approval shall be submitted to the Department of Planning Services. B. The applicant shall attempt to address the requirements (concerns) of the Farmers Reservoir and Irrigation Company, as stated in the referral response dated April 15, 2018. Evidence of such shall be submitted, in writing, to the Weld County Department of Planning Services. cc: el-CA-5/MM/ TP), Cik.PPL q-13-/1 2018-1887 RECX18-0043 RECX18-0043 - THEA HORA PAGE 2 C. The applicant shall address the requirements of Weld County School District RE -7, as stated in the referral response dated April 3, 2018. Evidence of such shall be submitted, in writing, to the Weld County Department of Planning Services. D. Lots A and B 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. 1053-09-03 RECX18-0043. B. A 30 -foot -wide joint access and utility easement extending across Lot B from County Road 53, for the benefit of Lots A and B, shall be shown clearly on the plat. The joint easement shall be dedicated for the use as shown using the language set forth in the Weld County Code, Appendix 24-F.2. The easement shall be graded and drained to provide all-weather access. C. County Road 53 is a paved road and is designated on the Weld County Road Classification Plan 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 existing and future 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. All setbacks shall be measured from the edge of future right-of-way. This road is maintained by Weld County. D. Show and label the preliminarily approved access point(s) and the usage types E. 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. F. 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. G. All recorded easements and rights -of -way shall be delineated on the plat by book and page number or reception number. 2018-1887 RECX18-0043 RECX18-0043 - THEA HORA PAGE 3 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 Chapter 23, in accordance with Subsection 23-6-10.C of the Weld County Code. 2) Any future structures or uses on site must obtain the appropriate zoning and building permits. 3) Lot A and Lot B are not eligible for a future land exemption, in accordance with Section 24-8-20.C.1 of the Weld County Code. 4) The largest lot of any recorded exemption may not be less than thirty-five (35) acres net unless approved by the Weld County Board of Commissioners, in accordance with Section 24-8-40.P of the Weld County Code. 5) The property owner shall be responsible for controlling noxious weeds on the site, pursuant to Chapter 15, Articles I and II, of the Weld County Code. 6) Weld County will not replace overlapping easements located within existing right-of-way or pay to relocate existing utilities within the existing County right-of-way. 7) Access on the site shall be maintained to mitigate any impacts to the public road, including damages and or off -site tracking. 8) Prior to the release of building permits, the applicant shall be required to submit a complete access application for a "preliminarily approved" access location as shown on this plat. 10) Any work that may occupy and or encroach upon any County rights -of -way or easement shall acquire an approved Right -of -Way Use Permit prior to commencement. 11) The historical flow patterns and runoff amounts will be maintained on the site. 12) Prior to the release of building permits, the applicant shall submit a recorded deed describing the Lot upon which the building permit is 2018-1887 RECX18-0043 RECX18-0043 - THEA HORA PAGE 4 requested with the building permit applications. The legal description on such deed shall include the Lot designation and Recorded Exemption number. 13) Prior to the release of building permits, the applicant shall submit evidence to the Department of Planning Services that Lot A has an adequate water supply of sufficient quality, quantity and dependability. 14) 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. 15) 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. 16) 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. 4. Additional Information. A. A Weld County septic permit is required for any proposed home. The septic system shall be installed according to the Weld County Onsite Wastewater Treatment System regulations. 2018-1887 RECX18-0043 RECX18-0043 - THEA HORA PAGE 5 B. Topographic or physical features of the proposed lots, such as ravines, ditches, streams, etc., may limit the area available for a new or replacement septic system. Prior to recording the plat, the Weld County Department of Public Health and Environment recommends that the applicant review the Weld County Code pertaining to septic systems to assure that any installed septic system will comply with all setback requirements found in the Code. In the event the proposed lot is not of sufficient size to allow the installation of a septic system, the lot may need to be enlarged. C. 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. 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 one (1) electronic copy or one (1) paper copy 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 Board of County Commissioners Resolution. The applicant shall be responsible for paying the recording fee. 6. In accordance with Weld County Code Ordinance #2012-3, approved April 30, 2012, should the plat not be recorded within the required sixty (60) days from the date the Board of County Commissioners resolution was signed a $50.00 recording continuance charge shall added for each additional three (3) month period. 2018-1887 RECX18-0043 RECX18-0043 - THEA HORA PAGE 6 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 18th day of June, A.D., 2018 BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: did.) Jdo:oe. Weld County Clerk to the Board Deputy Clerk to t�J he�Board AP •V- I AS T County A orney Date of signature: 07-37-18 Steve Moreno, Chair Sean P. Conway 2018-1887 RECX18-0043 DEPARTMENT OF PLANNING ER I E RECORDED EXEMPTION ADMINISTRATIVE REVIEW PLANNER: Angela Snyder HEARING DATE: June 18, 2018 CASE NUMBER: REQ13-0043 APPLICANT: Thea M. Hora APPLICANT ADDRESS: 22378 County Road 53 REQUEST: Two -Lot Recorded Exemption LEGAL DESCRIPTION: Lot B of RE -4160; being a part of the W2SW4 of Section 9, T4N, R64W of the 6th P.M., Weld County, CO PARCEL NUMBER: 1053-09-3-00-007 PARCEL SIZE: Total ± 4.6 acres ZONE DISTRICT: A (Agricultural) Proposed Lot A ± 1.3 acres Proposed Lot B ± 3.2 acres WATER SOURCE: Lot A: Proposed CWCWD Tap Lot B: CWCWD Tap Account #1674-02 SEWER SOURCE: Lot A: Proposed Septic Lot B: Septic Permit #P-9900079 NARRATIVE: The applicant is proposing to split Lot B of Recorded Exemption RE -4160, recorded April 5, 2006, Reception No. 3376760 via a two -lot recorded exemption. The proposed Lot B will be less than 35 acres net, which does not meet the minimum standard for a Lot according to Section 24-8-40.P of the Weld County Code. 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, stating it was part of a retirement plan. If approved, this would be the fifth recorded exemption on this property. The following timeline describes the history of the property: 10/27/1977 Creation of Lot A of Recorded Exemption RE -279, Reception No. 1734351. This two -lot recorded exemption split the N2 of Section 9, T4N, R64W along the Gilmore Ditch. Lot Awas 16.464 acres, more or less. Lot B was 303.5 acres, more or less. The applicant was Vern Johnson. 6/10/1983 Creation of Lot B of Recorded Exemption RE -608, Reception No. 1929880. This two -lot recorded exemption split Lot A of RE -279. Lot A was 2.676 acres, more or less. Lot B was 13.789 acres, more or less. The applicant was Vern Johnson. 12/2/1998 Creation of Lot B of Recorded Exemption RE -2343, Reception No. 2657339. This two -lot recorded exemption split Lot B of RE -608. Lot A was 5.627 acres, more or less. Lot B was 8.173 acres, more or less. The applicants were Martin and Cindy Krautschun. 4/5/2006 Creation of Lot B of Recorded Exemption RE -4160, Reception No. 3376760. This two -lot recorded exemption split Lot B of RE -2343. Lot A is 3.6 acres, more or less. Lot B is 4.6 RECX18-0043 Page 1 of 6 acres, more or less. The applicant was Thea M. Hora. The Department of Planning Services staff has reviewed this request and recommends that this request be Denied for the following reasons: It is the opinion of the Department of Planning Services staff that the proposal does not meet Section 24- 3-40.P of the Weld County Code, which states: After August 3, 2010, the largest lot of any recorded exemption may not be less than thirty-five (35) acres net. This requirement may be waived by the Board of County Commissioners if the Board finds that extenuating circumstances experienced by the applicant justify approval of the recorded exemption and that the recorded exemption is not for the purpose of evading the requirements and intent of this Chapter. The proposal does not meet Weld County Code Section 24-3-40.P, as the lot is less than 35 acres to begin with and Lot B cannot be 35 acres after the recorded exemption is completed. 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) is an appropriate process 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 applicant shall submit a sketch of the existing septic with dimension and distance from proposed lot lines to the Weld County Department of Public Health and Environment. All septic systems must be located on their respective lots and meet all lot line set back requirements. Evidence of approval shall be submitted to the Department of Planning Services. B The applicant shall attempt to address the requirements (concerns) of the Farmers Reservoir and Irrigation Company, as stated in the referral response dated April 15, 2018. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. C. The applicant shall address the requirements of Weld County School District RE -7, as stated in the referral response dated April 3, 2018. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. D Lots A and B 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. 1053-09-03 REC 13-0043 B. A 30 -foot -wide joint access and utility easement extending across Lot B from County Road 53, for the benefit of Lots A and B, shall be shown clearly on the plat. The joint easement shall be dedicated for the use as shown using the language set forth in the Weld County Code, Appendix 24-R2. The easement shall be graded and drained to provide all weather access. C County Road 53 is a paved road and is designated on the Weld County Road Classification Plan 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 existing and future right-of-way and the documents creating the existing right-of-way. If the existing right-of-way cannot be verified it shall be RECX13-0043 Page 2of6 dedicated. All setbacks shall be measured from the edge of future right-of-way. This road is maintained by Weld County. ID. Show and label the preliminarily approved access point(s) and the usage types E. 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. F 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. 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 3-6-10.C of this Code. 2) Any future structures or uses on site must obtain the appropriate zoning and building permits. 3) Lot A and Lot B are not eligible for a future land exemption in accordance with Section 24-8-20.C.1 of the Weld County Code. 4) The largest lot of any recorded exemption may not be less than thirty-five (35) acres net unless approved by the Weld County Board of Commissioners in accordance with Section 24-8-40.P. of the Weld County Code. 5) The property owner shall control noxious weeds on the site. 6) Weld County will not replace overlapping easements located within existing right-of- way or pay to relocate existing utilities within the existing County right-of-way. 7) Access on the site shall be maintained to mitigate any impacts to the public road including damages and/or offsite tracking. 8) 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. 9) 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. RE X18-0043 Page 3of6 10) The historical flow patterns and runoff amounts will be maintained on the site. 11) 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. 12) Prior to the release of building permits, the applicant shall submit evidence to the Department of Planning Servicesthat Lot Ahas an adequate water supply of sufficient quality, quantity and dependability. 13) 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. 14) Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County -Wide Road Impact Fee Program. 15) 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. 16) 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. 17) 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 RECX18-0043 Page 4 of 6 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. A Weld County septic permit is required for any proposed home. The septic system shall be installed according to the Weld County Onsite Wastewater Treatment System regulations. Topographic or physical features of the proposed lots, such as ravines, ditches, streams etc. may limit the area available for a new or replacement septic system. Prior to recording the plat the Weld County Department of Public Health and Environment recommends that the applicant review the Weld County Code pertaining to septic systems to assure that any installed septic system will comply with all setback requirements found in the Code. In the event the proposed lot is not of sufficient size to allow the installation of a septic system the lot may need to be enlarged. C 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. 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 one (1) electronic copy or one (1) paper copy of the plat for preliminary approval to the Department of Planning Services. Upon approval of the plat, the applicant RECX13-0043 Page 5 of 6 shall submit a Mylar plat along with allother 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 Board of County Commissioners Resolution. 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. 'd0Ill V��By; ri L.f L' c• �, ' 9 • It A ela Snyder, Planner ''Z_.. RECX18-0043 Page 6of6 Date: May 23, 2018 March 30, 2018 DEPARTMENT OF PLANNING SERVICES 1555 N 17th AVE GREELEY, CO 80631 WEBSITE: www.weldgov.com E-MAIL: rreddick@weldgov.ccr PHONE; (970) 400-3527 FAX: (970) 304-6498 THEA M HORA 22378 COUNTY ROAD 53 KERSEY, CO 80644 Subject: RE 18-0048 - TWO LOT RECORDED EXEMPTION PTION (Denial Case) On parcel(s) of land described as: PT W2 W4 SECTION 9 T4N R64W LOT B REC EXEMPT RE -4160 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. If you have any questions concerning this matter, please call. Respectfully, Yta--- Ryder Reddick Planner FIELD CHECK Case Number: Applicant: Request: Legal Description: Location: Size of Parcel: RE XI3-0043 Inspection Date: 4/26/2018 Thea M. Hora 22378 County Road 53, Kersey CO 80644 Two -Lot Recorded Exemption Lot B of RE -4160; being a part of the W2SW4 W4 of Section 9, T4N, R64'' of the 6th P.M., Weld County, CO East of and adjacent to CR 53, approximately 0.37 miles north of CR 46 +/- 4.5 acres Parcel No. 105309300007 Zoning Land Use N A (Agricultural) N Rural Residential, Agriculture E A (Agricultural) E Rural Residential, Agriculture S . A (Agricultural) S . Rural Residential, Agriculture I W A (Agricultural) W Rural Residential, Agriculture COMMENTS: The site is currently vacant and being used for crop farming. Materials for a large building are on the property, but not assembled. There is an access to the site off CR 43 and another off 1-76 Frontage Road. Ange+ Snyder, Pla nn RECX1 8 0043 THEA M. HORA BOARD OF COUNTY COMMISSIONERS - JUNE 18, 2D1$ • CASE NUMBER: APPLICAN _ f a PLANNER: a REQUEST: RECX1 8-0043 THEA M. HORA ANGELA SNYDER TWO (2) LOT RECORDED EXEMP i ON • LEGAL DESCRIPTION: LOT B OF RE -4160; BEING A PA'T OF THE W2SW4 OF SECTION 9, T4N, R64W OF THE 6TH P.M., WELD COUNTY/ CO • LOCATION: EAST OF AND ADJACENT TO COUNTY ROAD 53, APPROXIMATELY 0.37 MILES NORTH OF COUNTY ROAD 46 r1 F*•4• •{•* • bra • • • •• •.s•••fi • e SI iE•f'i•t►i►• f•••e{ a s S ♦ ! • • •• I r • • It • ♦ ►' s ► ••+••f •r! E•••=•••• • • . # U • e • i 1• • • ► f•►; il•••#a ▪ • w • . • • s • • • • • w • • • . r•■ r r s• s• • t t • •811 •• • M P • • • • • • V • • • ■ • ■ • c • 4 • • • • .0 F • • 4 • • • • • • P • • • • • • • • ► : r 4 -_ ► 4 s r • • • . • • • • • r • • • ♦ • • • SI : • • • a • • • i,••e•••ill ••••t • • t • • t• s • • •r•� er i• •4 •• • •- v ,t•, s • eei f • t • ••• • ••c f•! . ' ••*•f *•• • • • 4 4 �► 0 f •i e S 4P i iise �-�• �J• • ♦ # •'• 0. • ♦ • S * • s • • • • • • • • • • • • s • • • • • ! • 4 41-4i • .s • �i •.i •-a �4 ws4 +•♦ • sip as • 1 it t t Mi i t t • t e s • • a • • a•s • • s • • s • • • •• • • • • ••40 I vo4 es -es, •�•• • • • • ! • s ♦ s • ♦ • e • • • • s • ♦ 11 • • • • • } t • • it • • • • • • • • • 4 • * • • • . ! s • ♦ S' S • • 1'4 ♦ +• • a • • • t • t • • • • • • • is it • • • • • r s • s s s a • • s a • a • • s a s a a a • • • • • • • • • *See SAS -a-3 l-3: :-3 3 3 ! t i 3 or testae as an a a a a ea at a a! a a s a a a a a a a, a a s a a a S a 3 Y! s 3 a 3 east Zone District: A RECX18-0043 HORA ZONING RE.1671 LOT R RE -2087 .OT R two WRECK' 7-4$83 L0T h RECX 18-0043 RE -1671 LOT:A AMP, ECit 17-4.83 LOTC RE -ace LOT A RE -2452 LOT C ORA NEARBY EXEMPTIONS RE -.2452 LOTC i•damwwfp. •-41 *tee fret .frit arr• silo -tap. # tit RLCX18-0043 HORA PROPOSAL PLANNING RECOMMENDS: DENIAL SECTION 24-8-40.P OF TI IF WELD COUNTY CODE STATES: AFTER AUGUST 3RD, 2010, THE LARGEST LOT OF ANY R[CORDED EXEMPTION MAY NOT BE LESS THAN THIRTY-FIVE (35) ACRES NET.. THIS REQUIREMENT MAYBE WAIVED BY THE BOCC IF THE BOARD FENDS THAT EXTENUATING CIRCUMSTANCES EXPERIENCED BY THE APPLICANT JUSTIFY APPROVAL OF THE RECORDED EXEMPTION AND THAT THE RECORDED EXEMPTION IS NOT FOR THE PURPOSES OF EVADING THE REQUIREMENTS AND INTENT OF THIS CHAPTER. OTHER OPTIONS s ZONING PERMIT FOR SECOND DWELLING • USE BY SPECIAL REVIEW • PLANNED UNIT DEVELOPMENT MI FOR SUBDIVISION RECX1 8-0043 HORA i•damwwfp. •-41 *tee fret .frit arr• silo -tap. # tit RLCX18-0043 HORA PROPOSAL RECORDED EXEMPTION (RECX) APPLICATION DEPARTMENT OF PLANNING SERVICES ' 1555 N. 17TH AVENUE GREELEY CO 80631 wontweldgov corn 970-353-6100 EST 3540 * FAX 970-304-6498 FOR PLANNING DEPARTMENT USE AMOUNT APPLICATION RECEIVED BY DATE RECEIVED. CASE # ASSIGNED: PLANNER ASSIGNED Parcel Number L) - 0 csgii- 3- _ 0 w 'V .0 (12 digit number - found on Tax I a. information, obtainable at the Weld County Assessors map found at www.weldciov corm) Legal Description - \ t1/21,5(0.1/4 (21 Lat t MUAsection ' , , Township North, Range West Has the property been divided from or had divided from it any property(ies) since August 30, 1972? YES O Is the property located in a flocdplain " YES II NO Llnknown 11 Is the property located in a geohazard area's YES D NO crUnknown. FEE OWNERtS) OF THE PROPERTY Name.+ II Company: Phone #: Address : 7 _ %dolt City/State/Zip Code: FEE OWNER (cowl or APPLICANT Name: Company: Phone #: Address : Em ail: k RA) 9.0,ThIL-A AAA? Email: City/State/Zip Code' AUTHORIZED iAGENT* Name: 'onnpany: -- h Phone #: Address City/State/Zip Code: Email: *Authorization Fours rrwst accompany all applications signed by an Authorized Agent Lot smallest A lot Lot B Lot C Lot 0 Proposed Use (i.e. Ag or Res) a W Proposed Acreage \ 3 acts, , Address -cis, t t►'c tcLea,, Y 72 ci3 e) 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 mute 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 corporator is the fee owner, notarized evidence must be included showing the signatory has the legal authority to sign for the corporation. J� 1kCi— \ ' \ . 1 'n ISJP-' nature Owner or Au Mc�rized A r�ature: �� hori�ed U 8 Agent �i� ate Signature Owner or Authorized Agent Date \CY\ \-\ PC\ Ck Print: Owner or Authorized Agent Print: Owner Of Autherized Agent `If an .A.ruthonzed Agent signs, a letter of authorization from a.0 fee owners must be included with the application. If a corporation Is the fee owner. notarized evidence mimi be included shoring the signatory has the legal authority to sign for the corporation Page16 March 29, 2018 RE: Recorded Exemption Application for rhea M. Hora 22378 County Road 53 Kersey CO 80644 Dear Weld County Planning and/or Board; I understand the recorded exemption application will be declined by the Planning Staff. I am asking for further review based on this property being purchased 17+ years ago as a large pad of my retirement plan. I retired last June. The property was split to two lots 11 years ago knowing another one+ acre would be split sometime after the five year waiting period. The three access points to County Road 53 existed when I purchased the property. The rules changed four years after the first split, before the waiting period ended. The one+ acre is the actual lot where I planned to build my retirement home. I would have split the acre first if I could have known I'd be caught between the ride changes. My retirement plan is to sell the house and the vacant 3.5 acre lot to finance my retirement home, a smaller one-story home. I sincerely appreciate your consideration and await your decision. If I can answer any questions or address any concerns, please let me know. Thank -you, Theo Nil. Flora 970-396-5305 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 Corn . any is attached", Lot A Water Source \e\ -\ter Lc -cc\ ,\p\r�ug\Pe - B Water Source ` r - ��k ,,,,,;�;,�,L, , 1-.., ;, r �4 .� �. `' �. �, ,, �, ` .-,'� ` LLot _. 't• ti" ti '_ i 4 `- ,.i ` S ti 1 r . ,- 5 '� h \ I. M Lot C Water Source q_ Lot a Water Source . n . _ M (3\ 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. ") 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 C. rat-. I. ,. �. - ‘ti-\ (N)A. r Page 7 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 current' antes alfalfa.) _ fit, , z- 1...\,) C- I' lax 1 . Its; V .F`N: net \ Aisak, (0)k Vie e,' 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") Qty,rA \SS' \IS% \\\ \\L}O,te... Cies;\.9 % asA)01,1\ tt'-`4%\i‘t.45,s ,b -SS (:•:iwtve bsAitn or1/4ttrersess ,, et . bey ex; �,,yis, 1 . Qfo4NNa 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.") lui\r\c cRcuir'c�, w;\\ ix Sp\•� }tea'�n-L�n ‘J1/4);tw`o \oT5S . 11.: �iv;bi �99c%cic‘ or, �P6� •\\(\e,� c�E. SDS•;4911/40.. !l 1� � \` � Ct��.�4% \,3�icr�s. �o� Q ..,;\\ `fie. c:�pcox.3�z,ne�'es, 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 pro In c\k OtAcc (\Iota aN\csrac.±Ve..C18; co . B. Is there a business or Use by Special Review permit on the property? V LN UNKNOWN If YES, will it be vacated or remain on the Recorded Exemption lot(s)? (Exalt -Apple - i'U RI2-1234 for my concrete business will be vacated as my son is moving the business and equipment to his property outside of Weld Count 1 N Weld bounty Treasurer Statement of Taxes Due Account Number R4348506 Parcel 1053 093 000 07 Legal Description PT W2SW4 9-4-64 LOT B REC EXEMPT RE -4160 Situs Address 22378 COUNTY ROAD 53 WELD Account; R4348506 HORA TUBA M 22378 COUNTY ROAD 53 MERSEY, CO 80644-9046 Y w wi — a Year Tax Interest Fees Si n td ad ri II 4 in 11 -f # 4 S • • pig mo Inn • Payments Balance Tax Charge 2017 $1,007.48 $0.00 $0.00 ($503.74) $503,74 Total Tax Charge $503.74 First Half Due as of 03/29/2018 Second HalfDue as of 03129/2018 $0.00 $303.74 Tax Billed at 2017 Rates for Tax Area 0738 - 0738 Authority WELD COUNTY SCHOOL DIST RE? NORTHERN COLORADO WATER (NC CENTRAL COLORADO WATER (CCW CENTRAL COLORADO WATER SUM PLATTE VALLEY FIRE AIMS JUNIOR COLLEGE HIGH PLAINS LIBRARY WEST GREELEY CONSERVATION 1Vii1.1 Levy 15.8000000* 10.6420000 1.0000000 1.8000000 1.3530000 5.1710000 6.3170000 3.25 60000 0.4140000 Amount $347.91 $234.34 $22.02 $39.64 $29.80 $113.86 $139.10 $71.69 $9.12 Weld County Treasurer's Office 1400 N 17th Avenue FAO Box 458 Greeley, CO 80632 Phone: 970-400-3290 Values SINGLE _V AM .RES .- LAND SINGLE FAM.RES- IMPROVEMTS Total Actual Assessed $70,559 $5,080 $235,303 $15,940 $305,862 $22,020 Pursuant to the Weld County Subdivision Ordinance, the attached Statement of Taxes Due issued by the Weld County Treasurer, are evidence of the status as of this date of all property taxes, special assessments, and prior tax liens attached to this account. Signe Current year's taxes are due but not delinquent. Date: 3-2q 4 a Submit by Email Weld County Referral March 30, 2018 The Weld County Department of Planning Services has received the following item for review: Applicant: THEA M HORA Case Number: REC 18-0048 Please Reply By: April 27, 2018 Planner: Ryder Reddick Project: TWO LOT RECORDED EXEMPTION (Denial Case) Location: East of and adjacent to County Road 53 & 0.37 of a mile north of County Road 46 Parcel Number: 105309300007-R4348506 Legal: PT W2SW4 SECTION 9 T4N R64W LOT B REC EXEMPT RE -4160 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. r a S 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 04/03/2018 Weld County Planning Dept. 1555 N 17th Aye, Greeley, CO. 80631 (970) 400-6100 (970) 304-6498 fax Submit by Email Weld County Referral March 30, 2018 The Weld County Department of Planning Services has received the following item for review: Applicant: THEA M HORA Case Number: REC 18-0048 Please Reply By: April 27, 2018 Planner: Ryder Reddick Project: TWO LOT RECORDED EXEMPTION (Denial Case) Location: East of and adjacent to County Road 53 & 0.37 of a mile north of County Road 46 Parcel Number: 105309300007-R4348506 Legal: PT W2SW4 SECTION 9 T4N R64W LOT B REC EXEMPT RE -4160 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. r a S 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 Ryan Buderus, Captain of Prevention Agency Platte Valley Fire Protection District Date 4/2/18 Weld County Planning Dept. 1555 N 17th Aye, Greeley, CO. 80631 (970) 400-6100 (970) 304-6498 fax Submit by Email Weld County Referral March 30, 2016 The Weld County Department of Planning Services has received the following item for review: Applicant: THEA M HORA Case Number: REC I8-0043 Please Reply By: April 27, 2018 Planner: Ryder Reddick Project; TWO LOT RECORDED EXEMPTION (Denial Case) Location: East of and adjacent to County Road 53 & 0.37 of a mile north of County Road 46 Parcel Number: 105309300007-R4348506 Legal: PT W2SW4 SECTION 9 T4N R64W LOT B REC EXEMPT RE -4160 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 I does not comply with our Comprehensive Plan because: R - We have reviewed the request and find no conflicts with our interests. See attached letter; Signature ‘r--4.44-24; (ACZa:��-�-`-��- Agency Central We County Water District J Date 4/27/18 Weld County Planning Dept, 1555 N 17th Aye, Greeley, CO. 80631 (970) 400-6100 (970) 304-6498 fax MEMORANDUM TO: Ryder Reddick, Planning Services DATE: April 23, 2018 FROM: Hayley Balzano, Public Works SUBJECT: REC 18-0043 Hora 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): 105309300007 The project proposes to: Two lot Recorded Exemption ROADS AND RIGHT-OF-WAY: County Road 53 is a paved road and is designated on the Weld County Functional Classification Map (Code Ordinance 2017-01) as a(n) 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. 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 separate access points do not meet the code requirements for a recorded exemption and do not meet the safety spacing criteria. The application calls out that the proposed access point for Lot A is existing. This cannot be verified. 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 with building permits. 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:/Iwww.weldgov,comldepartm entsiou blic works/permits/I) Chapter 6, Sections 6.3, 64 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/Pub is%2OWorksIEngineering/W CECC%20Man uaI , pdf ). Existing access paints with change of use or new access points may or may not be granted. Questions pertaining to access permits or access design shall be directed to the Public Works Department. For shared accesses (Weld County Code Appendix 12A.3.5), Public Works strongly recommends the property owner establish an access road maintenance agreement so future owners of the properties will be aware of their requirements for shared maintenance of the access road. This is not a requirement for the recorded exemption but is recommended to avoid property owner conflicts in the future. Per Chapter 12, Appendix 12A.4.1 of the Weld County Code, an access approach that is gated shall be designed so that the longest vehicle (including trailers) using the access can completely clear the traveled way when the gate is closed. In no event shall the distance from the gate to the edge of the traveled surface be less than 35 feet. The applicant shall submit a recorded copy of any agreement signed by all of the owners of the property crossed by the access. The access shall be for ingress and egress and shall be referenced on the plat by the Weld County Clerk and Recorders Reception number. (Department of Public Works) Per Chapter 12, Article V, Section 12-5-30.F, when feasible, there shall be no net increase in the number of accesses to a public road. Contact Public Works to discuss your access. CONDITIONS OF APPROVAL: A. The plat shall be amended to delineate the following: 1. County Road 53 is a paved road and is designated on the Weld County Functional Classification Map (Code Ordinance 2017-01) as a 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. 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) 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. 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) DEVELOPMENT STANDARDS (NOTES ON THE SITE MAP) 1. The property owner shall control noxious weeds on the site. (Department of Public Works) 2. Weld County will not replace overlapping easements located within existing right-of-way or pay to relocate existing utilities within the existing County right-of-way. (Department of Public Works) 3. Access on the site shall be maintained to mitigate any impacts to the public road including damages and/or offsite tracking. (Department of Public Works) 4. Prior to the release of building permits, the applicant shall be required to submit a complete access application for a "preliminarily approved" access location as shown on this plat. (Department of Public Works) 5. Any work that may occupy and or encroach upon any County rights -of -way or easement shall acquire an approved Right -of -Way Use Permit prior to commencement. (Department of Public Works) 6. The historical flow patterns and runoff amounts will be maintained on the site. (Department of Public Works) WELD COUNTY DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT 1555 North 17th Avenue, Greeley CO 80631 www.weldhealth,org Memorandum To: Ryder Reddick, Planning From: Katie Sall, Environmental Health Services Date: April 23, 2018 Re: RECX1843043 Applicant: Hors Environmental Health Services has reviewed this proposal to exempt one lot from a 4.5 acre parcel. Proposed lot A will consist of 1.3 acres and proposed lot B will consist of 3.2 acres. There is one existing residence on the proposed lot E. Proposed lot B is serviced by an existing Central Weld County Water District tap (#1935) and an existing septic (SP -9900079). Proposed lot A will be serviced by a proposed on -site wastewater treatment system and a proposed tap with CWCWD. 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. The following should be included as notes on the plat: 2. Topographic or physical features of the proposed lot, such as ravines, ditches, streams, etc. may limit the area available for a new or replacement septic system. Prior to recording the plat the Division recommends that the applicants review the County Code pertaining to Septic Systems to assure that any installed septic system will comply with all setback requirements found in the Code. In the event the proposed lot is not of sufficient size to allow the installation of a septic system the lot may need to be enlarged. 3. All septic systems must be located on their respective lots and meet all lot line set back requirements. Provide a drawing of the septic system, located on proposed lot B, with dimension and distances from lot lines, to W.C. Department of Public Health and Environment for verification of setbacks. Health Administration Vital Records lobo: 9/0 304 6410 Fax: 9/0-301-6412 Public Health & Clinical Services ola: 9/0 304 6420 Fax: 910-301-64 16 Enwlranrrtion$al Health Sor loos Tele: 970-304-6415 Fox: 970-304-641 1 Communication, Education & Plartining Tele: 970-304-6470 Fox: 970-304-6452 Emergency Preparedness & Response Tele: 970-304-6470 Fax: 970-304-6452 Public Health Submit by Email Weld County Referral T March 30, 2018 The Weld County Department of Planning Services has received the following item for review: Applicant: THEA M HORA Case Number: RECX18-0043 Please Reply By: April 27, 2018 Planner: Ryder Reddick Project: TWO LOT RECORDED EXEMPTION (Denial Case) Location: East of and adjacent to County Road 53 & 0,37 of a mile north of County Road 46 Parcel Number: 105309300007-R4348506 Legal; PT W2SW4 SECTION 9 T4N R64W LOT B REC EXEMPT RE -4160 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. S a 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 E-7 Agency Platte Valley School District, Weld Date April 3, 2018 Weld County Planning Dept 1555 N 17th Ave, Greeley, CO 80631 (970) 400-6100 (970) 304-6498 fax 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 BE -7 (the "District") necessitates the acquisition of additional public school pites to accommodate the corresponding increases in student populations; and WHEREAS, requiring land dedications for public school sites, or payments in lieu of land dedications wilt provide a portion of the land to meet such demand; and WHEREAS, planning departments within the various local governments that have territory within the D ib tri t t ernti ntifirctir i's1atiug to now development for review and comments 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, .RPSI, for the purpose of planning or regulating the development of land, including, but not limited to, the joint exerei5e 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 focal governments in the referral process; and WHEREAS, the District has determined that the mitigation of the impacts of such residential land development approvals shoui d 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 1-7 hereby results as follows: 1. Cooperation with Local Governments Encouraged. The ability of the District to provide adequate educational opponwthics for its student population is depend nt upon, among other matters, the availability of adequate land, or in the alternative the availability of funds to purchase adequate lan,d_ Since the approval of residential land development applications by lobal 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 ofpublic i e school sites and facilities. Further, the District shall encourage and request that such local gogilernment entities consider the Distriors comments in conjunction with the review and processing of each individual residential development application, and cooperate with the District in regard to the rn ,ti gation 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. Laid Dc d=cart, u i rep �e� . In connedtion 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 goverment 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 (1,) 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. hn the event the District, through its Superintendent or designee, determines es 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; (14 $585 for each unit in a duplex or triplex; and (c) $420 for each unit in a multi-farnily structure other duplexes car triplexes. 4. In -Kind Contributions. The District shall be authoriized 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 Dx d i cat iqn Pre oltres. In the event that the Di triot 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 genend warranty decd. 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 ofithe,dedicatcd property. 6. Fees in Lieu of Dedication Procedures. In the event that the District determines that fees should be paid in lieu:of o f dedication of land, the District shall recommend and request that before recording the Pile plat for arty 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 propo;segi 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. gxemptiorls. The District has determined that the following types of residential development do not have ail adverse efhct 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; ing; (b) assisted living facilities for the elderly; (c) construction of any building or. structure intended for and used for limited terms stays, incl udipg by way of example ant! riot by way of limitation, bed and breakfasts, hotels, fami lyacare 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 of any residential building or structure classified as housing for older persons, pursuant to the Federal Fair Housing Act then in effect 7. Lands. The Distinct shall bold 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. Accountin ? 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. Furtheer cti fps F The District hereby authorizes its Superintendent, and such corer 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 longmterr integrity of the policy set forth in this Resolution, such parties are authorized to proceed to negotiations with such entities directed towards achieving a formai written agreement with respect to the cooperation between stteh local governments and the District ADOPTED THIS 13 DAY OF ma rj-m , 2000_ PLATTE VALLEYSCHOOL DISTRICT wan COUNTY RE -7 By: President, Board of Education ATTEST By: Secretary, Board of Education 4 L�'r� S .t.a Submitty-email- ak-..L4t_:.L�1' d mart• 7. �yt�w`:.'MlriS1Ikii Weld County Referral March 3O 2016 The Weld County Department of Planning Services has received the following item for review: Applicant: THEA M FORA Case Number RECXI 5 043 Please Reply By: April 27, 2018 Planner: Ryder Reddick Project: MO LOT RECORDED EXEMPTION (Denial Case) Location: East of and adjacent to County Road 53 & 0.37 of a mile north of County Road 46 Parcel Number: 105309300007-R4348506 Legal: PT W2 W4 SECTION 9 T4N R64W LOT B REC EXEMPT RE -4160 of the 6th RM., 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 I 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 ate 4126'),s Weld County Planning Dept. 1555 N 17th Ave, Greeley, CO. $0631 (970) 400-61 (970) 3 6498 fax 80 South 27th Avenue Brighton, o 80601 PH: 303-6594373 / FX: 303-659-6077 • . Weld County April 25, 2018 Referrals Weld County Thee Hora Two Lot Recorded Exemption REGX1$-pQ43 Mr{ Reddick: i April25, 2018 rreddic @co.weld.co.US • I wish to submit the following information regarding the above referenced project. The concerns of Fanners Reservoir and Irrigation Company are in the area of encroachment to the Right of way of the canal. FRICO requires a minimum of 25' on each side of the canal for a maintenance road plus the distance to the toe of the ditch embankment. The boundaries of the Right of way must be agreed upon, Drainage is another concern that must be addressed as FRICO does not allow any developed storm flow into our canals. This will apply if any development happens. Property concerns need to be resolved. No construction of any structure can be put on our ROW. No use of any sort including pedestrian or vehicle on our ROW is approved. - - - -. Please send additional information regarding your project so that we may complete our review and that review criteria can be sent to you, if applicable. Canal road may not be used for access without approval and executed agreement. FRICO will require a license agreement FRICO will require an access permit FRICO will require a seepage agreement We request to comment again. The applicant has or X has not completed a Project Review Application and submitted a deposit for review fees with the Ditch Company. In addition to the above comments, FRICO's comments are limited to this set of plans. Please email Scott Edgar, FRICO General Manager or Eve Craven should you have any questions. Sincerely, FRICO, General Manager FRICO, Project Coordinator 103 :1S I d ik ILLS )1Aolomsiza c2,9 czk �DtAd_. 17 okcinbo lcirst 7)Le4,,D2: \?,G1U — C,sunti. ?bu4 � i illersEmiranr—a—Tims"--sommosi iP t ��„ nI. rl -- -- i ` Z... ;,...i.e., u i �` l . I W �-y y TT E L -.D CouNTY .O,41 INA tir%rri c _ • t '�..•y '" 241,1 i IvOGL,tIw • 'sue ,.rw F. 0' 4 . ' - .: - t ' 1 ., I . ate- �t It . .' t r.' .. .. N 7" a 1 1 I t1 r:. • . - •7[ _ r �'l tr .� J. •w 1 ' I .+-. ZOLI p r � y. a. Feel t• ■■ ve kve `- r . _ ... ..7-ttir ^ 3 . �lir r,F�' II . `'H :• 7. £S k e �' 1yLegend s IfIr!.� �,•• " , ; I ••. -. ;� •1kk�yy _ • A c '- .t « z P 1 •-} - .. L ti 1 a - II - . f �. ti r ' I'a .' a "- .. •�1 h I rl. .,1469! rt •t. _ N. _ [ . .• • ;it, * ' F r r. - �� ...`r•.' a tic,1 • 9 N «• y' '1 • • t . L t 1 •'� . I "'[ ID, — .- •� .' . X 1U S } + w t a • Iri r ir yy ' , a , a, • N; . Papas La Fit adp�rr - E. E FInO� Ie?r1- 500 la 1OU l Pkithin■ 1 ■ FI dc:abn w 1.D4 100 0 Cowley wi w ° bees YOS Ye at A 00Year FloodVila Year dgnkt Ak- VelarZ0110 A1 p ry jkV r ._ _ r 1, .: _ _ `' `)t ., .. P r i . L I •t i i.It It illYCsi .� 44.11 •7 • II I a, li �I,1 •,n PA ,i ,pY -Li ... lell Writ ers — -- y'a t rd `if r9.' ins rap �d1a��sar r�xl`f+ed tricc dEadd k�a}1Ign an Uncut) rw41'ntcr tartn. M'1 Y_fcut Y ny 1L/It retail t ry%fit gfrettlitr +7 Ill& MP 1g. OMIT TO El. ttit D FM NAN ILsl LON IO 1$1 t bjkadradar,,,4mamil.r�risrut'f •I t CERTIFICATE. OF CONVEYANCES STATE _ OF COLORADO O U NTY S F WELD wan COUNTY DEPARTMENT OF PLANNING E R I E The UNIFIED TITLE COMPANY OF NORTHERN COLORADO iereby certifies that ft has made a careful search of Ns records, and finds the following conveyances affecting' the real estate described herein since August 30, 1972, and the mast recent deed recorded prior to August 30, 1972. LEGAL D ES RI PTtOI Lot B of Recorded Exemption No. 1053-09-3 RE -4160, being pad of the Southwest Quarter cf Section 9, Town ship 4 North, Range 64 West of the 6th P.M., County of Weld, State of Colorado CONVEYANCESOf none appear, so state) 1. eWrItTerranty Deed . recorded at Reception No. 1227341. 2. Warranty �ty Deed recorded at Reception No. 1628446.. 3. Recorded Exemption RE -279 recorded at Reception No. 1734351. 4. Recorded Exemption RE - 608 recorded at Reception No. 1929880. 5. Warranty Deed recorded at Reception No.246381 5. 6. Recorded Exemption E23 3 recorded at Reception No. 2657339. 7 Warranty Deed recorded at Reception No. 2667579.. 8. Warranty Deed recorded at Reception No. 27911 Mt . Recorded Exemption RE 4160 at Reception Not 337676C. The certificate is made for the use and benefit of the Department of P County„ Colorado. This certificate is not to [3o construed as an Abstract of The nor an o guarantee of The and the liability of UNIFIED TITLE COMPANY OF is hereby I i m ited to the fee paid for this Certificate. arming Services of Weld pinion of Title, nor a NORTHERN COLORADO, h Witness whereof, UNIFIED TITLE COMPANY F NORTHERN OLORA , has caused this certificate to be signed by its proper officer this 19, 6 day of March; 2018 at 5:00 RN . Company: UN IFIEC TITLE COMPANY OF NORTHERN 'COLORADO, File No, 15 41UT Randy . M uil Ilex uthori.zod Signature I .1 trays it MAP! f G I. a •■ a l c, 'V. ■ Y S O Recorded at . o'clock!. ell ...■ i. Raec ti® No. .r .1d 44 ta4 l.. .� i O iii 0 X 856{.�.� , ■■fir■ 1d tc..i�S fl C 1.i _ '' ■.■„ °W g w. Recorder, Wimmgmalliar Know an Men by these Present& Thou THE FARM ; a Colo r; d o e orp ra ti On County of Weld , LTA State of Coioradc, Dollars, of the for the consideration of in. hicKcUy sell HARRINGTON LAND CO., il Colorado corporation of tLic County of Weld 4 , anti State of Cctortdop the following reel property, a ttaae in the County aE Weld and State of Colorado toiwitc Tn. Township 6 for* Ran:e West of the 6th P.L.1 Crther v lea a ble consideration and Ten- — — and convey to a ee ,r. go acre - ee ' o _ water allotted thereto from the Nor lord Colorado Water Conservang District, subject to reservoir site situate in northwest corner of t1.4NV1.4 thereof¢ Section 21t The y - together with acre feet of water allotted thereto from the Northern Colorado Water, Constorvency District. Section 22i' The of the S 1 and the T - of the SE ; and. the N Z the S r together with 180 acre feet of water allotted thereto from the IT rthern Colorado Water Conservancy District.. Townshit3 North Ran * e 611 West of the 6th' p.m; $ i e a,en' la par --e o r o ,% lying the t of way. of the Gilmore Cane l i In Town shi 5 North Ran e 6 Vie s t of the 6th P.N.: f cffo n : --The IA �-,, o a- /. S e Ctd en 16t The N of tie S F* Together with Ai shares of the capital stock of The Oww1. Creek Supply and Irrigation Company, 18 shares of the ca tai stock of The FLarimer and Weld. Irri. a . on Company, 3 shares of the capital stock of The Larinar and Wald Reservoir Company., 19'*? shares oo!f the capital stock at The Far ris itOservoir artid irrigation Qa;rtpeny 15 shares of the capital stook of The Greeley Trri 1. tion Company, 6 shares v.1 the oa pital stank of The Windsor Reservoir and Canal Company," 21 shares of the capitol stock of the Orate rn Lateral The. 14 shares of the capital stock e,C The Decker Lateral Company; also, together with the benefits and subject to the buriens created by the agreements of r$ccrd in Book 91484 page 182, and in Book 376, page 213 of the Weld ComityRecords; A150, together with any and all other water, water rights, ditches, laterals reservoirs wells end pumping plants, rights ofw►ey� for ditches, laterals and canes used for irrigation oand all of said lands*, soot or end below . a• la . m t s a.. • wick an its apaurten;nc s. and, warrant rte fife la the tart; subjet t to the assessment for 1956 taxes payable in 1956, exceptions and reservations contained in tit S. and State Patents, au and gas leases of record, reservations_ and ,oxeeption a of al, gas co al and ether minerals of record, if any; rights of Bey for roads,, highways, ditches, canals, laterals,.reservoirs and reservoir sites however established,. Motor Rood and Highway Fan of the City of Drecle f inclusion within the boundaries of the or irefn Colorado Water Conservancy dP istrict, Galeten Fire Protection Di 5 trict1 Platte Valley Fire Protection Dis ri ct,Elder Box Driina .e District, 'Ind the West Oreeley � Soil Conservation District. _ ' ` '1 ds pout delivered This 20th t ,441 mi. 1 iw� • et f i Y6`}� , ill" -1 Pi In In the presence of r` M' L■:a. •!. a... rw••.a. a. teal. ...xi k a.... -. iiiµ:areasa,•jars i• •ai iai 4iinii.i■ia:• •ra • 40 ■.I {' I. DA tip I( 4 h A st•u• I n,4cnus .by 6aaaa.asla.a1•.■.ii■.a..1.e■.n1U..M.JY 1 MI n�Y 1 n■■.+1 I PL1!—•s1.15 ■ a 1 a Ufa ■ y N 5 A15— : iabiii COLORADO o 33. County of . The foregoing instrument was acknowledged before rue this 2Oth day of March 19 56,aby' Alfred L. Eiarrington as President and Boxena G.. von Trotha as Secretary 4y - rrr .. of The Farm Land ompany*, a Colorado corporation. 'ir' `IT E,§S 41yr isrand and official seal. day{ ci March par.. a ATM a C- leen A.D.1056. LJaYYJ Y ITT ) ent._: I. r _ (s L) Secretary Xy► corcosidn cars October 1, 1957. c.. &t MO in a V.,ta rfir ■ r_.i / ■ at' - i i Irra �w leaf P9c O I $ ;troll Pttaps tai t tt rbt reto or M m cl : V br news set :HGtr repr e$rnuir rue or aid � e i , I ea pa etryr ares sitar. m�r•trc• e. thug'T'nset rs+v 'rear, of as excscctur. al vms 0•ta�et ur dJiet cancily yr t�{ un; eft t7 cd conformmi.Quaa gusto lust rune a Stith eater er brritierr, n the pr dint or e:kr eUtcc r al tug II eorpariiion, inn ltrmStfluraryr Ark nuwtc.dgcinem . So gm 1927. Noiary ■ F c WARRANTY DEED —Statutory Penn —McVey Printer,►, Greeley. Colorado. N a I 1 I' • . I .e ' • I a R a - JI R 'a ► . 7 . ,, " � I 4, , . , 1 , +, ` I a = •''I r lc ..Ya _ r e". 4 •...• r. • a , a R6. »+" ■ Y ,■4r■� r .,; .r r•# 1 'Via ,Y r.� ^ �t i riT■1 i' ta•.rl I • 1. • _'� It r • d"...". R • ■ r• ( - as u a rl' C r I J {, 1 * r �- 1 a i err } 1 �■, 11 , I t ' 'l ,,, :3. . a I. • ; iI* ,'ii -a a ''.. —f `,"__i (�tr-i `+1 r, �,'",�r •,1, atlp• ++' _ .. 1 , Y c e a a i •� . •I aFr •I 'ir ■� T } r 4 ,Ira > ' 9 --pp lief • y n Y •I 11 A Am.. - ■ R - . 1. ■ ! 1 4d + - / } ` 3Y:. r J u , , , 1 e �,. �,1' 54� L NM 1 r a E , d , 11 �7 l'� I �� I- 1/ .'1. ■ a '� _ e. xI - Y,• e ry, B • itr 1: 1' r ya, T ' * • 1171,4! - I'" a ''/ r �I Y{..P d r rY ■ •n - t 1 a • ' , aT n , "1• 1� t a a - ! Jr Al 'l ' e 1 rl d l '• I j 1_, w ■•d.. JL Y 4�'.■, I QI■ 1 ntl ■ f d • ■ ■ • •I s •i4 i�"A1 dt An ,:i °"�i •ar' i • I• ■ Ia tin ■., n'} r n n--�- �'a a i.. tra. am4•.mil,ia%104 a _ d _ .s _Rr•"■a�rdt.i 1,' S.• r ■ II/ el t�. I ,�Y!+�•p,l II 41 V ' d t im �l. ■ it • a',_ a 4'i -1",,. a ■• •e■ a* I VI II ■ I I. t_°f: • r ■ 'lititR Jss hi h / •' . a ,I 1 N; ` ' ei ■,� ,. hP're r.■r ,, l'Y#' a ■ �M. tel ore •�. I'71f �' ` , a ,, ti•+In :v ,airr.S. SA __a 1 "I 4,1 ,a t �I 1 a ° "at tar a • e. ) a .. , ■ 4 • , J w • 'a i R Ili ■ • t. ti•.,1. ., • • 1.1 a 1 • a a I El ' •t -r ff •i , ua r Ii a . �. I •at ' 7 a li YI 4: r 4 • r• r I a 14 t 1 1 OS ■ a �1 .r a r t) •■ a +Y ,• w I. L .IJ Ys • JAN 11 1S741 amernmit Miraaiaa e -=1a YIv.Id daily a..r ., est �fllt -'r Tow.. re spas =.t•_..�.•asw.•-+++ 1."saw, smear x_ era • HARRINCTOK WINI, CO., a Creaoradok corporation IOW AMrw lis Rae ley Caskref Weld Colorado, • for t l cotrddcra kei cf other t&Lflb10 consideration and Tenl dollar., in hard Dad, Meth r {N )} sad convey ) it,s VZRN ,70HPISON •4 akr% t.•„ p r - -a Ill 3 r s.•■ V% M *. ", 1 • - 4�f A_ li ..,a s . tI . ili•i" e1.1r:d�. a a) 4 11 -a, r r e. IS a 1'�■ +1I •II III,f a I l ,d,}:: 1+ R r ` 1 + ' • 1 }'d•',■' Nit V�'"" i.1i y'I a d ■li ' a+ ,, + ■ 1 ■ La ,L l' ;y, ni l - -44 j . b • r ■ a ql�d- r , Docru.rotilary 't ig JAN 16 1974 wbaleaddress is Route 1e 3or a dO, Kerney County of Weld . and atalie of Colorado the led lowhiz real ill mmrif Ln me Ci)urlty Walel . e d Still of Coleeddix to vile The 04( of .Gaction 0 and all that part of the SWk of the MN of Section which Jigs South of and below the right of Way of The Gamma Can4l as now constructed throlughr upon, over and acme the said .!W4 of said. election 9'r in Township 4 North of Range 54 West of the 6th P.M, ttgetDa:t with 24,45 shores of the capital stock ci The Farmers Reservoir lainld I;tr gation Company 1"1111I1 app u.e#loatr yes, tad i tt) U "r' the 1121144srd¢eet lel the 197 4 t a - s pad'@blg in iSIS, except ons,N redd>ervatlonsfi cgvenantst condi.tionp, and restrictions of record, rights of wayandasammetts c tIo a tedl by instruments of record or oaitabtliehcd on the pIremiset, and a.ilif gate and mineral 1c,sos of record. ATE[, ,'iE n t Weld i 'MATZ 07 COLORADO, County loi The fn day of Kotula D. i k ik in e truer eatwoe , tAowll tl .. tcl 1St anunry ► 0 thy n. Iflarr ngton. as President and liorrirojtort an S-foretorY of )-CARRIh1l"PO'N LAND C0•, a Colorado. icon r +a October le 19 7 7. +hand and ofLc:AlSot Pip trtt ; ' - � smut t Imo awn mom a:r mamas n k i gsca 'r maim is - t.W, araw611,4411 MI6 kart I 7I� t tsars w! maltsad wawa. atacuoary rfkart at afid �! ale 4 a h �fF y xI apt co/law a*.Itie � Niteirsi ha -Sit I U Ha%C.LI.BMI— 1*. PiNwa 1'0.6li Vialkainelk,Dinh ."s." • at -• A ', • i I d •■ • • I V, all • al • « a I r b a r • a 't a I' '1' a ■ • a - II .i • I, • '7' I a ti y , Na. n • ' • e • it a ad� V a' H ' ■ • t ■ •k L.ta • di P I • i u a k , • a '- g4 r • I la ''1`, ' h • • • 1.1 ails a ,. j :r • ■ . - as 1• i1 •I r E 111 a" •" a a I.a • ! ! • ■'-• , • , •.y 1a a • r -r ; i LL • T' a S 1' I I w'. r • • R _ • ' :ra • • 1 !M t r' I e I'rr I '1'r I 1 1 4d 4 a • • as • ay • I' • #• r4 I y ,-D,t f4 a an • • .±a I e ••Ar ,a V a a • •i I ■ a 1I 1'' "• : ■ II ,m t * a- ' a• r'w ' ..• g 7: *' ik 1 Ir ,• ;r l • r �a -t 4, I,? U' of • ,a' d' 0 r b • • r. I' Ir ■'I " I • I f n • '1 r Y ' 'I' 1 I • a' «' • a • R rt, aI N •" • PI I «•'e rq' Ya i . a, • • .a' II , a• ■ tit r tit • �Ir • • r • • ■ • 1r A La • • • • ri Y ' ▪ I • Y -a • e I I • • ■ •d • fl ■ sr I a a t n ■ r4 4 • !� ii u . a d .. • a i a y u S 4 • • • •n .. • • ,. • a r a u - 1a r •. • } r •• • 812 / Cr !Z. OCT 27 li77 d°itsk,$ tP .....,f...•Prra'AMR Li..=;I jr- ... ...-...... III1 ....... ,.. . Nag. 1'irtur _artier i :1 •l �M.ie7f ,P x;•'17 {i!L�{ n,"h!1I F., re.tirrnPd�^,i' •P • C4 • a RECORDED £ " '''! 'I .: I 940 -R - 7 • $wire sfoo tar LOT W 16,464 tA.C, Tom 42711A0 13 5 ter iOrega glie 441. 01,441 2 54:7_014014, 5. £c 4A '''79 W 2761.84. IV in 65t4sew 'ate d•:0 Worth Urn _ 5'4 ..Sidec,ral tore S.5.t awl AC. t-0-14,1 To TA L 3 20t ACRES s Sethi! Pi 400r , • arne, Owe rS assiee aisti el. swedOset sits4 flrfta f'y"r'd ts set" craarketsedi iYMdi4� r VER" ref 11/4.44924 th tine Sea; 5 i 8 LOT a )14 n VCre &sat at k Sto6". 544,11 tedi Cer 3/41 t tatteny meat ' ' r ▪ r w r mir 10 el at r{ p I r i snide. et in :6 rin wrap re Aiwa. 4 16 v pearro, MAP Scae. eV o' 15 408 NAtram. mire- d ore R • 1 • . • • a • u a v • a • • • • • • r • 4 6 a= s. r 4 • $ • 1 u • • P. • ' a a • 4 ▪ _ r Y r • , la ].1 M r •n • ■ • • •'- - • ' "1 • a ▪ S� Ellaralla • • e.� t; °yid' RE.C 0192PB8c 06/10/83 1 2 : 4 !h6.09 pee? . F 42139' -MARY ANN FEUUE ISTETPr ming Rrt oRD.E WELD cap co i ■ I .4a a l a 1 • E EX EM TION 1053 - 9- -RIE,I 608 IA . P• t . walk ..s uu a Trlirt O" "P ,. ,IgengivisimAnp44dhciPTION ■ & parcel of land located En the Southwest Quarter of Section 9, Township 4 North, Range 64 We � of the 6tb P.M., Wald. County' Colorado being more partielam y Iit&cribed. as follows im Lot 'Al of Recorded Eixemptiem 10 -Yet 2?9'* 4• Said ka . • daseribeparcel or And contains 16.64 acres, more or less, and is subject to any rights -Of -'bay or other easements as recorded tyLinstrtiments of record or as now eXiStifg on said described parcel of land. L A L DESCRIPTION - LOT I A' A. parcel of Land located in the Southwest Quarter of Section 9 Township 4 Worth, Range 64 West of the 6th P N. , Weld County, Colorado being more particularly described as fc22070g . T2:e5inninS at the Southwest Corner of said Southwest Quarter and considering the oat Line of said Southst quarter as bearing North 00'00100" East, with all other bsarinEs contained herein relative thereto; Thence North 00'00t0Ir East, along said. West Li'sae r 78k.76 feet to the True Point of Beginning; !t,enicer4orth 00000'00P 'last, continuing along; paid 6,2.41 Thence Thence Thence Thence theheA feet; North 90'00'00" South 42°04'15" South 30001'40" South 20'46'19" Korth 65914511 East 415.5b feet; West, 295.7` feet; West, 177.&8 feet' West, 276.84 feet; 'eet, 30400 feet to the true Point of Beginning. WMPt Line, Said described parcel of 1and contains 2.675 acres, more or lees, and is .subject to any rights -of -way or other caaeMiants a.A teCeried by instruments of record or as now Ot i 0 t i nag et said described parcel of land. W2 of IS CERTIFICATE I Hereby certify that the adjoining map and legal dsseripltinn Were ore red under my personal supervision and is a true and accurate repreaentattoL of existing corditionn to the best of my knowledge. ee8e do PE & LS 4 92 kr- 2 T, Vern 441-0tiniSon, aka Glen L. Johnson, be I the sole ownor i of the above describedproperty do herby subdivided the sere shown on the attached map. Vern on,, Aka en nso.n The foregoong certification was acknowledged before me .this day of My Commission Expires: Ativ�p�I��p � ■ I /f� q, � 1� " .iF a C*1nIniiiicor �y npir 17 ,4te „ _ A.D f , 19850 Witness my hand an i COMMISSIONER'S ER'S C RTIFICATE accempanying plat is accepted and am' fled to _ f ` ing. , a r /.° r " , ..pt . , !o and "of County Commissioners 11240/1444,24.11 ry Vist. x OISIIRTUCCiAir gspfrikor r , r.01 .ta FR EE S E ENGINEERING 93-40 ARsietaisc a h p of P . . a4 a PI a a S a u a • • • D • • 4 . RECORDED EXEMPTION N= a Otte # derdeoresomir Nub POINT OF BECctlhoC (raT "A' 5 IT ,vim"/.` dasigiqtoloyi ewei 6914 51122.1E ire LOT ' 8' 515. 15,789 *Acres S stoonoolpow w sLr5 38 mt. ve S or n' ' PT" w t 2 ems' S 5r4≥+os E J4eJOa sGeo5:sr ra3.rt5 S $ e' i i' s4' W '4a 40 4 ilerl01 6'E 3 4250.4`15" w. .setrieterie r ci r I4 as Oct S °04'I5 * 295.1* 5.)0 01`lO'w Ili 5i' 2 76.444 ' pt a so s' " w ■ 3_ c Non OF WANING ELT A SW Ce+r Sec 9 t4NA A 9 air - - I is F ,64 W. 46 U) S S a• 3 it 10 r G x V as ■ 4 1053 a 9s 3a RE 608 F Scale It 306 LOT 'A4 LOT a Se?' ,put Fcssid pvi t a • FORMERLY LOT 'A'OF Pt E.1053-9 34 aRE279 2.675 3 lac (0,436A rrdHQW) I3a369t Ac (O S4I Ac td ROC TOTAL 16,46 4* Acres( ,277 At ROW) n e r . Vern ‘,►1❑hnsOn aka Dien L Jahnson X55WCR 46 Kat y,O510 80544 I VICINITY MAP IS .�:fts r FREESE ENGINEERING 53 is 40 lap ifo 9 i 3 �EJ ,,s+aeon) Na. 2463815 1-1518 P-856 11/15/45 01 t 25P P3 1 OF 1 Weld County CO Clerk It Reorder Wafrarlty`Deerl.� R 6.0!0 THIS DEED is s cannaeyart e al the rail properly described beldam incittcring any wrnusowr nenle and other appurtenances (the -•pro ly") horn the indIt diW(iLL cirnrpogeiterks), parlrneishipisi. at O1Ito r anti ly (ttssi named below s1 GRANTOR to ow a civr alf s) or entityt%es) named (1584041 at GRANTEE- -11e GRANTOR hereby; sets and ocie ways &he properly to the GRANTEE and the GRANTOR warrants the We to the prt,perly, except for (11 the lien of ms general property sin for the yam & Ms deed, which the GRANTEE will pay (2) any tesenrsenls and rlghis_dawayf shown of record (3) spy pater* re;ervaticrus s-nci a:sceptitns (4) any outstanding mineral interests shown of record (5) any!protect litre c cv ors sc'r1 a and restrieli atom% o0 record. and P3) any od @ niiiI mettles st hro4be1dw under "Additional Warranty £zcepiicis•"e Th. Spatial: terms of This Deed Art: Gttlrii Ors last MIMS) .ralipladaiSjolliestlienta, It ifs dspravto GUN Ow Th.ar.prarrnfr is lowing Q roux Pail to ectea:sc tics anesd rl ral;, Identity ariir,r'uton, as Kimono and refs ) Yen Johnson, a/k/a Glen .taVern: Johnson 26655 Meldd County Road 46 Kersey, Colorado 80644 Granite, yam' inadnatiat and aaddraasatetp_ stailemeas ayi and itas, inetraainpi available road w summit ncumr#ueris r is wried t Martin Lynn Krautachun and Cindy Sue Kratstsch.un 22278 Well County Road 53 Kersey, colorado 80644 Fos cal Cor-oisters swp: yr (tyre art iiwo or way grantees namtit row wall b. ciunisidttatt to rake as avian's in cararnosauniasa Inn- warsts. -Ire tasii!en tenancy' Of warns dul care'aininn nvossui9 kit to.ddoci non thy rankacr below 1 In jOiflt tenancy Properly Osea rlpilit gn mce'«a czapiraw arm vita p Lot "B" of recorded: exemption no 1053 -93 -RE -r4608 recorded June 10, 1983, in. Book 0999, under Reception 01929880, f the Veld County records. All mineral rights of whatsoever netvre are being retained and rea,erwed by the seller. No water risht> are being transferred hereifi. seller conveys all personal property located on the above-desc:ribed property except two old. waodien wagons and wheels shall remain the seller's property*.. Properly Address: Co l�ildeeralilc,nl I me stil+.ti`alsra a1 it clam, itprboss:rr5it as. crt�a[nan.at, Mse uale coin tauRosirtdhMaa r8rr !IAA 'Liken Sd' tparpretunianostasstiescopoiretanceS identalli&rI MS a gilt in any ca 'f:a tlliie CAKIWIlilnCO try abrscItata. tinned and in conditiunal II R!es •bona-Reslrictto e: 'd'ilr thiramAti r Inland* IQ r?Erevrc;rnr tfliettstry plOpitr y vs h cuinvily the a 4,ci art GRANtOF al ttsiittak:lrnia nrra 411404INPEE S ru:rl:t'in mat prupe llgr. frIAkit orraw anathema) .i Additional wren nnc*pdons: iOncl", lq ids et Emit btr4nS a#. 7rirugd And {gnther mn.Stlrcw4 Dr9 Cftiet0d than I EsaKnit a+tyahu. ,a racial on Ma r eh 30 le 90 Mge afore Oat ter Corpossitikan. IP ortnis r+rhip *r &wteadit ici air S a.rre cf. Grantor: CorpOstbon, Pactstararop Os Associallik ii Atitsit STATE OF COLORADO i is 415 4 In, i anvil's. �vapent was imckno things+ wore! me !ties . 4: er latiet ` Te ..Mrjo atiliaitelifi 8° .. ji � i*4' % MI a iltoga 4ii 4 The iuregail “flistalfa was acknowledged b ela t rno III -es Vern .1 i.•a we' e* 30thlies. peon,, a/k/a Caen LaVern Johnson. I An . data ec rilt:t wit June 15, 1.991 di tgnsan CLAM alai,, it ran aa�. srg: •_ �• • t.ir .i • :�'� + " s. aatiCE chnsona a/k.ja Glen LaVer Oraim at ad.ri�r o1 rear of March 19r G rsrn:t ar la 9 i" name Enmidi-iflicks& Gracl'fir(t) dad► rd Cat mnic rigs e0100$atic .PPrtgr+tepee ccA aneS hLn , nua rndc aniiilyscpnesan plestiratrtlar vita ,Baaind34Ciretesrya a r atsrttant a rrataxy- S cngrnrraurrun,,ur $13 parincri4*J ol pafIvs nick Cif fig ci.4htaotad rrn umbascall i4 asiscpciabon.k Val NESS my band and &heta!a di fitly cornsailerien a.snlrn; Notary POW: Mt UPu:titi Li an rooms PO ; 6p it is .t Cra,rriy, CoiIu radg &1632 i3MIl aesl in SO, aSa Pt ft/ f /41A 'in 0 no. 35 IiLI'11Il1 IIU11I11UhlI1l'i1F1UL1.111111f 1. flffl i'1' "ii'iRgi iv � II.►l4 ra,atAv t of 311 1: • CC ) 0. tit a Stint i TWOOLLICte 01 * Ift a, Tail, K FWPC 1/S!rd.. f Li 11 k 1 CALL 1' -' 1,Cs D 2 I■ - MUM iti AS INSCIfbED 0 - ter nit ivislcupyr CAP' MEMLAQM IJJ44#G 11,4- 92 41, •-• PKw kkrth at Cindy Emu tsiJtrtri aTh Kgs Keay. Cth't-04a €0Cv14 AREAS MT 'A' 5.61 ri AMT. L41' TOTa%L 137 /tom AC H m aims IMAIMICS ipirepeafc cat tlb. So.ii.aeai tamer (sit T.ror.) im1 $raglan 'lino 4 Moak ttk Rave 64 west 0ig4 by o ftatd F .nhcel with r> lt-Wi nm asp stoma at per BUJ Warta —bone ear d .PCYNDIS t.a 2,35Cri . and OW %CA Qu&kr CrYike (W 11/4 car) 4t toed Snea. 9 m insan rn o.ltd by a Sand OS rate eilh dt.nlnm cop tripod a' par li ii Ie rdtrrttllont and inapPe$tr_s ittraffi 6a bear Ian ben:COCr West milli all dslrr Nap wrinkled ten* relative there la at r IMP CI VICIN4T`r' IAA 3 2 Tel -s itS4W alb RECORDED IOCEPAPTION No. 1053-9-4 RE 43 PART OF THE SOUTHWEST QUARTER OF SEC1JON 9, TO SHIP 4 NORTH RANGE 64 WEST OF THE 6th PRINCIPAL wER'IDIA WELD CouNit COLORADO I I C I 1 CJr Fa firt --.I L— roll E'vANGln hI tliCP I II 5 II II II II fl 22x78 R 53 Irr 3:y II ii 1' 7:15,4 [ IN' LOT ''A" 5_61 T ± AC 3011 OXUS .D —41 s I6734.5.11' taste GO! ICIs2CTC N:; ADM l eXCTrA FE WAS r1WE tE LS 4= SYr Unit PS I -PP. WIT fir— t MO a Vert ail. tali 014 f IRMO tI :Ct a S .=sea? tt 1t41ii1 weir w two S u',r E iierbottleir r w, I p J a f 4'm9' E 18&75' r s 1 ri a .3+F w 261.45 s urine 7a aaszaiP e 41r -+'TS` Ttr 10111( VOA COCOON LPL t M It dad min 1tsS3=-0-4—11*, Roc rrkcd err Boat rio, 093c oe RoccehrAt no. O19a, J W. 1963 b**lit'I.d rnarb Odeticidairty &sated as tubbier Pert err the Sootjrhout IiulgstIrn ( 1/+4) +plf'Section 4, Tgionitilp 4 hearth, Pm?! S4 '*'cart •of 4 e Gkh egin*y at thr 'ALF isle Comer o4 2ec*n 3. m d consielean the i*n4 LW of the Setelliet-A (SW 1/4) tin-4vtin-4v North articroor Etta tad a al vtilai by= imp artniread herein too ithierstet- - bre Saudi *Tarr Est,. -WNW Sa+r1R 6&'5T4IB' tiot, 14931, tall: lire nou Sough Oerir 11 MAO kof 13 mot Soh% 5-4:14thIC Et nt 148,09 Feet. bra South Ciiinee BM. 1 ei3-75 -OA 'Emu Sus Wine +e fit, 2_391 feat lhoince S(301%1615'34' Wit 11261 root; 'woe Smith Wine Fat. X31 feet Wiener South h 4ITh1115' Meet aa.14 Vert Thence Noe Balls ' NIA 4415,43 tom. t o a on W. I art wh triNitfrok441 ttr tn) 'd .aldl loalart 1 zooms Norm avo3'S' €et'L Sang ma pit tins of me smarmiest epergne (cw i/t) 6J aorta) Sma.iw 2, 122136 iert le is Met grortar &arms, a mold seet;mr, c avid thii Poidl or Iieyu-ar,ieci Sat Salts; d pon+S rya* 13.7tt kin in ■ or leeete. and WI :Aiwa tic oral • l.l^i_cftfoe iA -wcol twit i it . s tid or r by h e ru wean a a l record or cm nom sr.�n'a• on veld &sorber3 acted 61 1lbeid_ V Callitta en* a Berates ferretiorkego i. Stirvoye+ h vac Stott a C11+PaAa1c a s4y s4thiy ow this Ikterstomi Emmy ti n kat vim pttpxod e a my ,periondl rweonyir r4 C+91 TIM a tlr1 - - . - s -t,1: P -item thrust. I Sites' certify :Mai the salon se+i this eiat ccrrcee flu u I ors sat the Moat of Cana Stale 4L • 4 a1 Cra t. for r �II F5 e Wet ' lrs,• r t f`� and i4. Sae- IE o OwSA&i Awn lit oaf 'Ow ,ate i0Cilitsdgisi dd �I !Brit bane do 4S-". ors. VW te1',Eiflsal nap, ivo. ,AndlorrtAm this t5r,opriel r ;1 'Staid A Wit fir- 'it rtw edst&t end to SRM Waded' to 4wb+& orate to the teir4dutl rd *OW at* by SOK 45e,tetioty tie* mid wait! by rp eridl /Mint 'So do Purniay de1ltar- ITS the b epe d a mtSwrrEf >ttrb + ter tlaaaribed hermn aaeiesrer hh tar tha purpanes bite Cr dro+prfaad he ati ; Lift { =ti. lice *vetlstea The !tort rinc rettinettACh gritamnisifend Sent wee thaLE 'a y col tong by lilprf+'< Linn Pircertscown ifs OW $m - lathers my had tend Peal. My commute, reqkerc AtIEPTAsirE lhla plat Fr excepted sand oppletrod elks rt.\ trntr t Fat Win %Ar. m my Scat My Cooternlision sfltff*Iri 9r" r aM ' goilhatfat,125Rs. POwy Pcit(as 14.7 gegibasear.,-F Mica I. Al proposed s exietina nuances ml ar motel thA n i baton, agile* alai cdpiest poquiromperies. lor" the ionic dial aft! a eidel1 tJ petty IQ.cs]k 2. Any Mute tN:rSlrtvr tt ter- wine sett tits tient- **S the egier epnate tanning ued hulas; . porm itet . tot1 ouppoatt that wcillt-vtian to likeeardad Ede ptit i Sean subsequent Iteccrd.d CzemptIceen en eidlacemIL prop u tin. rill rake the Sr taornprdaeee ehkh Moe Snit ai the P ecanded t urn alien prams gApiprated al thin Itteorded tnrnetkon don not q erernee approval or tan itoicatforta ,cei ad'pa>W prapartia -t lie mail acgmes, ai betfi skin at lie 6I mare Cara i t( en6i' 6ilaigna re end 6♦?l.SA finnan than anti rJ ear *1 ancrait5hrhests or actwad ermata by prepi!'ty (ISMOISM a geld FOITIMe+ a Pen r6it and In* 'Mon C.o • . ( ). N0IE Onape tyr line Is wit al va=t het c1 Stearn Canal Thin km a0 nrran rood — the west eta find It tapptara La be "hyaline y Impoealble and/or :Kt rases ti ta1 to ce r, etruct .r chid no tlil.r new wide st tt,' ditch PI ] Frei IS, right to atlke rover eosin 20.. tyi+r wort hook tw makitrsit hcas pisrpoeinOtt igrincit i myna: .Atcr+in to Ceara(' 0. IQrr yvu Unfit ccrarwsnuCc imp lie& rrttkwi Iiaiad upon (s.x defect ei this natrr l�Itf*f ihtse () yea., auAtY p -I *41 *mow vial ekglpE.t. hi me meat, use, eiy ncttorm bond Lc. x d.t.cf In this •.a Y.y be CCHEMtswrS mdnsr Win 4411 Oen (Mal Ow 40 Le cif the catkin Swaim im sermon, PlOT14rc Al the reQL.ext at txr client, rio itad esse narste r).9t Nowt rawrPtilki by i ior than st. This. pkii- Me sicsimarri did rl -al-fir rich rnm, be thew borcami rimy tint tae tiiitnennt ao Loom cN odsaa'ai thionmaran, and re da be till only h tit* =nest st w. RECORDED EXEMpTiori 2343 5. .p_143, AS i iiEvai r. COLORADO Mel SEXTFOR--ITOSISHiP 411 IIftAb .' 6441 FREESE ENGINEERING 152.3 6,-. Aa'411 trd LMM rGREF1 FY, [flCRADC •f531 (WO Jr52—and PR.y C T.use 1 G' 1 579 I IIIN 11� I111 �I� III IlYll IIIII III III , 2887679 11/11/19t9 I3103P Weld County CO 1 of 1 R SIN 0 5450 JA Seat Taukapusto WARRANTY DEED THIS DE: Madge: tie 15th day of January y 14 99 , bcnvenn Martin Lynn Krs'utschun: and Cindy Suo Kre,'utschurl DI the County of Weld tend) State of 'Co 1O radio gr, r, and Lola iage& ILC4 a Co]°raider Limited!Liability Company tit whoa a :gat addir .ct to S527 W 12th Street,. craeley4 CO 80614 a the Coun ty o f Weld! and Static of Co l e rad e , fre to WriPiESSETH, That tht grantorD for i scoriadtathroi ct sin sum of F:F '( P WE THOUSAND AND tiO/ 100- - - - -DOLLARS, ($55 k O W c 4 00 ) f +e Fcceipe and arcricicucy of tgolgcb is herby selen wlcdg d hi granted, b rgairaad, sold and , e,nvay,e4 and by these presents does grant, bargain, set wimpy and Olae L iL nto the granter hie Wu and assigns NOW'. real property together wit t,peovvernenta, if any. sintines lying nod being iii, the County cat Weld and State of Cototado, dese abedd as 10 ld ws: Lot B of R.e:CC rdatea Exempt ion No . 1 C SJ a 9 _ 4aRE2 343 , :ref+ ri.ed Ce cember 20 1,998 at Reception No, 25S7 39r being a part of the Southwest Quarter of Section 9 `t'own'ship 4 Korthi. Range 6.4 West of th. 6th P,1 ., County of Weide Static of Colorado also known by street end nu,nnher Vacant. L&ta& K-erasy, Co ea644 'TOGg'TH°ER with alb and Unpile: the! keradham ente and appeal:inn tb nt° belongins„ En tc any sr:perta ning, and the rawers:ion and reversions„ remainder aid rentaindut, rugs, Wags atldl profits thereof, ad ill the estate, rifltt, ek intake* dam awd 4tcn aaa4 whatsoever of the grantors either in. Law or equity',. of in and to the above btia in d p as with the heredu.ta tents and appurtenances. TO RAVE AND TO HOLD the said frzernisex above bargained rgaine and described, with the appurtenances, t the grantee., hir bit *A its iim forever, Andthe,grarttior, qor himself, his (bars: and personal nepresentativea,, does covenant, grant, bargain and' agree to and with the grasatts. hIs heirs and wins, that: et tie Um el the enseali4 awl del(iv of these pre tax, he Is welt :seized of the premises above conveyed, :ham goad, eure, perfect, absoiute and indefeasible estate ,or inheritance, in law, in 'too simple. and ?'tas !pod! dsbc tpowar end lawful su.toeity to grant, bargain, seasodconvey the. same in four and form a.A aio+ea.d„ :and that Inn sane are trot and clear from ell :forme' and other gr , bergahtrs. selesu lien, mesa assessments,. ;encumbrances and i it charm of whiteva ,idttd or nieture stover, except for taxes for the currant year, a lies but not yet due or paya.bt e, eattetneta tit,, restrictions, reservations, covenants nd rfg1ahc!.way at reciord,, It ■ny., The canto shall and wilt WARRANT AND FOREVER [)BPEND the Abe ve, bargain e l premises In thego Let and pea able pc55 es - R:ic ru of the grantee, his heir& and ass ogaast natant at alt and every perpemon o . rains lawfully claiming the WhOltti, OT lay ptTt thereo r4 singular numb -el flail &wind& the plural, the plural the ar t r d the use of any gender shall be applicable to all g ec:der . IN NVriNESS 'VFW' H bF. the grantor %ate e t i . 1 ii set forth above MartiimAynn Kr.aa sruerra OF COLORADO COUNTY OF WELD )at The tor goln,g instrument vas. acknowledged before Me thi; j 5, tl! dAtOC Martin, Lynn Krautschut and Cindy Sus t<nittitochurt • My Conmiu-fo!rti expires!, July 15, 20O1 174 • .,., •r FI rtes•ru,, lb January w 19 99 , pry a- �,an+d f1 Gc;al kO, Natty .Puyblie Car � er wa Lker WARRANTY 011W gut netiagniphic MOON) n * U1 .4 Mill 11111 1111111 ii 101111 IIII 11111 11{ IHN 11 I III zie6 2791155 U9,01/2000 12:08P IA SuMM XuuimmS 01 1 P 5300 0 22,80 Weld CountyIGO WARRANTYDEED TE-(IS tEED, nide this 25th day of August, 2000 between Le a sRay LLC',a eclorsdc limited lia.biLity company of the County of Weld and state se)f Colorado, granC0r, and Thea M, Hors whose legal acidregs is 22278 Weld County Road #53, Kersey of the County cf Weld and State of Colorado, grantees: WITNeSSEM That t the grantor far and in consideration of the aum of TWO TWEgTY EIGHT THOUSAND AND OO/100, ($228,000.00) Dollars, the receipt and stir lici.ncy of which is hereby acknowledged, has granted, bargained, ed, sold and conveyed, and by thane presents doe a grant, bargain, sell, convey and confirm unto the grantee, his bairn and assigns forever, all the real property, together with improvements, it any, situatedlying and being in the County of Weld and State of Colorado, described as falls Colorado 80614 Lot S of recorded Exemption No,, 1053-9 ;-rE2343 , recorded December 2, t59$ e.s. ltecepticc No, 26573394 being a part of the SW1/4 of Section , town8hip 4 North, Range 64 'lest of the 6th P.m., County of Veld, State of colorsdc also known by. street and number as 22376 Weld county Road fl53, Kersey, Colorado 80644 TOGETHER with all and singular the hereditaaa,enta and appurtenancoe thereto belonging, or in anywise apper to n g and the reversion and ra v ri i_on s 4 rescinder and darn,, rents, issues and tits thereof, and ail the estate, right, title, r�aia - interest, claim and demand'whatsoever of the granter, either in law or equity, of in and to the above bargained premiums, with the hereditasert■ and appurtenances.. TO HAVE TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantee, his heir end assigns forever, And the grantor. far himself, his heirs and personal repreaentativer, does CovenAnt# grant, bargain, and agree to and with the grantee, his hairs and aiasigna, that at the time of the enseaiing and delivery of these presents, ha la well seized of the promisee above ccnveyed, has goad: sure, perfect. absolute and indefeasible estate of inheritance, in law,, in feu simpler r and has goad right, full power and lawtitl, authority to grant, bargain, sell and convey the Raffle in wanner and form as aforesaid, and that the s are free and clear from all forzer and other grants, bargains, sales, /ions, tanaa1 assessments, enc trances and restrictions of whatever k n4 or nature soever, except general taxes for 2000 and cubseqL!ent years; except aeltemeats, reatrictions , covenants, ccnditiona, reDervations end richts c way of record, if anyr The grantor shall and will WARRANT AND YORXWE DEFEND the above -bargained promises in the quiet and peaceable padasaltsloatt Of the grantees his heirs and ass gns,, against all and every por'oof or persons full claimingthe whale or Any part thereof. The si. lar number shall include the p' urn , thad plural the, singular, and the Use of any gander shall be applicable to all genders In Town S WV OF the ra4tor has executed this deed on tho date set forth adarove4 LouisRa r bLC, a Cc7 crad3 limited Bt7t C-4 �'' liability company Hike Cohr Manager STATE OF COLORADO county of Weld } } I uY R Q SrnCi ger aB , The focigcirig inst rums was acknowledged before me this 25th day of August, 2000 by Richard L. Smolik and tike Cohrs ae managers of touisRay LLC, a Colorado limited liability company No, 532k1 Rev. 7-8 Witness my hand and official seal: My co salon expires NI i'pbe . 15 ,, 2001. NOTARY PURL I C 1295 Hain St . Windaor, COLORADO G0SS0 e )7 6 --L BID tittogillin tonta na floe tafi taxa4. Its3a e'eAA�s' t 4 t . It .A 2' tOb !Ma east!• e air tit`aSP_ i 11** kit. -I in MAL to SOMPIa N Nom 1O • • Q n-InettOllw Matt* Cass• ui3 Its P P i i a I I e a r i I I it'iiA:iiii't7'lrir Tnag iant4 ROS*40 7r iwi fi'T a i'biiri EtWa1 Wit le 'a'dilydeCll "' IPLOi iArll it ai .e 4; Itn ief 1 ice RECORDED EXEMPTION NO. 1053-09-3 RE -4160 PART OF THE SOUTHWEST 1/4 OF SECTION 9, TOWNSHIP 4 NORTH, RANGE 64 OF ME 6Th PRINCIPAL MERIDIAN, WELD COMMCOLORADO 'LOT A W a� A11NytAi '% Wait yyS��N y�.� -fd°. •Wen tIan I lI LOTS Lim SNOW ASIL.' 1Is.LARIil4 . 42411 NSW 'f - "it We* * air " •' Sot iaiMOW um • Iia 1pfwlli0 1yflit! *rIIIL'i71{r! t'leflt+l riaSilm i tCaA titdiae- iE1 or SW Wir '2o CP1n=m nit .7 ,ar-__ IJos — tiYl11024a0 b; art 444• CIWai t4!tft'!i dots, el, 1 t IG a 17S� 1iCW- Can ?1C• + AfilltAVZ"NaLferriereWS T' i U A 64,4 Of Pin Y; tiii01L7tt7 ea N Wsa�aieS'S'aa resters Piritsa Yiar r =OD WEST Mr el I ha imPerOMO011971IT*0"P C14,l1i�.'iER'Ailli desk M:I llelb%a1SAi1'TIfP94!Ar ??#i' AT% • xciii` taw ti}i :It ri T4 it Lt1ta 1& real: PO114111Pl#TOtCO NTMA(Ts P4CP CCreYPft' Oses 'b 44100 i1•a rlJail AlltaAiCitdtai€"Let ' 1cUJsr+4!14 runsu:04.flipica kangtranows =not UMW oswere si,* IYMO* SI SC NU% THEZSI POUSaC, U4's.liAWN 04TH. iw111L PI 44iCIWL'" )* 'Pr r ie IMF F 4.4111,9V C. 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Wks:~ mr. 7 rt Is imastaX CO' !'4 u41+5L'SHi iintcs, n Wit dents tt tin twitaZi t Ii:vat I i i °tau= t`trikmaysel sat 'rya re -t rwidsirAAifi o =nit WA Tito 1f+II WIN gaitlrCli A Ire 'CIIIM 6iA ,wi elaC Yritai[i..iePRi1sucidit�llwNW!,'` tltliilirC�'tMIN TYAiI+ ell* * i IPT11411 4.etpari,Itt_iatusi t r T4f tut sOmbismeia 9Qdi+isZtla Wia'WM rut/ -(teats . itt N rouRcupr to worapw E,T¢rOti. ton atssumO ri5F. r Id A.iivfi1..Wor_lw 7Aj --onset ?slier Rollin eSaei,'k ri iii t er Ott 31111i'i00 at** a I W'P' NA* *1000444 t %SAW Ielt'i' C ?alll LaneAnt a, r+u6nefiail±iihi'! urnSlii.in6 Itite.IIti.t e(M Mat riari'!4COMB mac': ir• a I. mat 101113Ce'. SSna . M - _ *mitt "Meta_ i swit4rr',z. Nitwit mosrea ttil AIM 7a1gra -7 "Pun Cart rt P5:'':INP i41i is1ahi'. a�� eat Ns* rtt tan We aticNS nit i�3t1 F] !Kr laPeW11i PIiIR7' awnonsultllvt min conzinx SURVIVOR . I Mal rte W# 1 r•e.r..je !Ike 0r If irsAltwer u ZIIII IIII tWWIESO1011lAAR ortin _u wu 1 Mil sac UlOMUISOirallill nit O ra.R*vrr 4'-O six IIIi�NOlA6.M�afli4'JVA':I!!f!T�'L9t'aiRf tam{ 'VT NMI a r'`JIIl 7 111411&04d t'-I1LR*T MIR ifiNI 1.41 .At C a`t NWI$ jMtti:a'ihfla alAife N1kILT81161WherMiIUMW scwi 1 War. _ attar site -* iFYi5rKit11LV1iL9Iili+i fE/ vi srw wree.y®itgroaaws rare WI *M a9 tb1:r r1IP LLr4+1eaPII IIM ten JIM r/1■ wen WIC rate fl NOM1NMIN %wIrrdlsift!GMATlQ'� LEGAL DESCRIPTION 691' l`SWIM 1WWf1CiJt.'a•1TiI RI4FC i5A _I Lh: a711 r`it u i to &vet OlIFFI 1in #cts LW +StN4TIll C ri Tcup soyibia4FtM eft' S₹ttis 9i Inane itiAitl'1,Y' c SKI it TI !4! WWI% _! MartFACWIt& '1sia SAW '! Jt-i Pt NNW 01,14.10F1141111C111 ails Mw" Irii,Wir'iiatiPOODWI1i ada Slant "NM PAIrIl 1,102NLf}S'MW 'YlIiI1,.'�Ia 'ief 1II,11r 'r^PN1. IPiailli 'i . Weis Irerr re. IdOD flat airw rt son near tar, Win Fiat 'PI icy icor* mr-r_:.,r'PI r1,.; Ir um -tit Arm ors -cc MINI emir VA. kW **nit Stu* .-V144! i '� -!, r ifftr 1 Eta -a !Ls LECT-QPI WV. Viff`r1n7;.AT-wtrrliar%INFIIs DLfl!WIC MIA 7'd `5.48•iv OF OP41411511111-1,11% r FFIINISKt eeei_ C. rielsehwlii$'tOZIiilYGMrC1,i72AYCRA.WYKCO4tvIIan law raEric Dotal 141iN iouwile seliaS11 1 Il iF3TAI AL leg 'Nato. ne•t1iCatal ova RI. 'rt,=MS lain* 150- iii►fi.iO u'di'i it 4041 *fa mintfii rti ATfw1 't 1 P4841TM�stIO P "r 1..7. ATIFJ MOWN•.#7CLST:RSaL�aa 7 4G ■Cil1°ilf. ler All• n i,RL/iRL4Pie 4orcrINIMI p �4�,y�Y_ ,.� tirt tut 'ticitri*C tie .0 . rv. WOK1be Ovritt_CCII. II 1O1 'U. c t1nr!rni PPM= A ' a =IC riftrowww wrens, ANC nOuraatelAdinti-Oansfr • Pitt .ItatWi,atj " etaill 1^ Cl AQ iff WOWS Ira It 16 - 1441TPOW KIPS, 21-2 INEWISIMr'PWWI NMPL SUEZ F 0M% Mir F comer, to. nal...ei{Mt "JG�9Yrilert114ttft F. PIdcaratiacaPRafillieawb LAC lY�511fIAP.illAMNPPisTrAfil $ iiA r. iirrlflll iNa_di111 wittMiltallo`1tSaPLCisfA.11r,� ,1[I+t'!'L'�11IIFWA11126' `180 rdire0 A'nIti+aueE-0racrr• mill J. MO0RE I MUIRY pvets - net co Cot073 t- 4000. airdiLS- fNiO QA-.gtyr4, ff OM Lil4!E'I FlatteRPTTS /I i Pa dattc.a 2w 9!4 Account Number 001674-02 Description 1000 Gallons Meter Readings Previous Present Water Minimum Charge Water Usage Charge CBT Surcharge 1880 1881 Usage 1 $16.50 $0.00 0.00 Please write account number on all payments and Correspondence. You may pay at www.cwowd corn Water CDneurr Lion Readings Dates Read Code Previous Current Actual Previous Balance Payment Received Total Current Charges Total Due 12/14/2017 1/22/2018 $16450 ($16.50) * W65 z1bS1zoN% 16450 $16.50 CUSTOMER Thea M Hera SERVICE ADDRESS 22378 County Rd 53 ACCOUNT NUMBER 441674-02 001674-02 AMOUNT DUE $16.50 BILLING DATE 01/31/18 DUE DATE U2115I18 02/15/18 ANNUAL ALLOCATION VTD USAGE 300 5 CENTRAL WELD COUNTY WATER DISTRICT 2235 2nd Avenue Greeley, CO 80631 97(1-352-1284 • • r ti. CENTRAL WELD COUNTY WATER DISTRICT March 14, 2018 Thea M. Hora 22378 County Road 53 Kersey, CO 80644 RE: Additional Water Service Dear Ms. Hora: This letter is in response to a request for water service to serve the following property described as follows; PT W2SW4 9-4-64 LOT B REC EXEMPT RE -4160 Parcel #: 105309300007 Water service is presently available to the above described property on Weld County Road 53 between CR 46 & CR 48. Additional water service can be made available to this property, provided all requirements of Central Weld County Water District, Northern Colorado Water Conservancy District and the Bureau are satisfied. Please note that it is your responsibility to contact Northern Colorado Water Conservancy District at 800-369-7246 or ti~tfotr n con in ation into the Northern Colorado Water "once anc Dist Jet. Ce r I W i # . a a we all requirements are satisfied. This is in accordance with theRules' and Regulation's of NorthernColorado Water Conservancy District A water tap installation is for a specific parcel of property and in no ease will a customer be permitted to extend a service line from one parcel or property to another parcel to provide additional water service. Central Weld County Water District requires that contracts be consummated within one (1) year from the date of this letter or this letter shall become null and void unless extended in writing by the District. The District will not notify, by separate letter, any prospective landowners of cost increases. The District has the right to review the annual allotment and compare it to actual usage to determine if additional raw water will be purchased and transferred to the District by Tap Holder. It is your responsibility to confirm with your local Fire Protection Authority if fire flow water capacity is required for your project. If you have any questions regarding the above, please contact this offices Sincerely, CENTRAL WELD COUNTY WATER DISTRICT Stan It District Manner Sidibg 2235 2nd Avenue • Greeley, Colorado 80631 • Phone (970) 352-1284 • Fax (970) 353-5865 Stan Linker, District Manager Permit # Permit Type Parcel No Location Legal Dees APPLICANT OWNER SEPT-ENG . WEED COUNTY HEALTH DEPARTMENT '.1 S 17 16TH AVENUE COURT, GREELEY, Co 80631 970) 353-0635 EXT 2225 FAX (970)356-4966 SP -9900079 Sector/g: 09 04 64 _PERMIT 1 TE C' 'co mereiaj., R=resithnclal * rW, REPair, VauLT • 1053 09 000029 22378 Welt 53 PLATTEVI LLE 9-4-64 8845-B PT S2 9 4 64 SEG 1417.17'N OF LOUIS RAY LLC P.O. SOX 336023, GREELEY CO 80631 LOUIS RAY LLC PO BOX 336023, GREELEY CO 80631 TER CON CONSULTANTS PO BOX 1135, LONGMONT COLORADO 80502 R - - - - - Description: HOUSE Commercial (Y/N): N Number of Persons: 4 Number of Bedrooms: 3 Water Public (Y/N): Y Water Private (Y/N): Water Permit No: Percolation Rate:ce,7•61- a - - - r - - - - y. Applied: 02/19/1999 Expires: 02/14/2000 SW COR SEC NI Residential (YIN) Basement Plumbing (YIN)! Bathrooms-› Full: Utility Name: Cistern (YIN): S7 Limiting • Zone: ft c Ground Slope: Dir : Soil Suitable (Y/N): Engineer Design Req'd (Y/N) : In 100 Yr Y N Phone: Phone: Phone: (970) 351-8881 (970) 351-8881 (303) 776-3921 ftmar a r Acres: 8.10 2 3/4: 1 1/2: CENTRAL WELD WATER Well (YIN) in Desc: Flood Plain (YIN) : Pram the application information supplied and the on -mite soil percolation data the following minimum installation specifications are required; Chambers Septic Tank: lattel gallons, Absorption Trench 417 q. ft. 32 In addition, conditions: - a this permit rue - - - - - .. or Absorption Bed 124 6 sq. ft. WI is subject to the following additional terms and fv"-ea0N. tereiLtieettablail-r-ikri4-0 tr„SILA: T - - - - - Cr a - - - - NOTICE - - T a Y L. L - - a This permit is granted temporarily ly to allow construction to commence. This permit may be revoked or suspended by the w ele County Health Department for reasons set forth in the Weld County individual sewage disposal system regulations including failure to meet any term or condition imposed thereon during temporary or final approval. The issuance of this permit does not constitute assumption by the department or its employees of liability for the failure or inadequacy of the sewage disposal system. This permit is riot transferable. SeEore issuing final approval of this permit the weld County Health Department reserves the right to impose additional terms g' basis. Fin and conditions required to meet our regulations on a continuing Final permit approval is contingent upon the final inspection of the completed system by the Weld County health Department. This permit expires one year from the signature date S/s A "pa -/ cif a. f • 4. - . I. Permit #t WELD COUNTY DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT 1555 NORTH 17TH AVENUE, GREELEY, CO 80631 PHONE (970)304-6415 FAX (970)304-6411 : SP -9900079 Sec/ i/ g: 09 04 64 Status: Permit Type: Parcel No: Location: Legal I es c : APPLICANT OWNER SEPT-ENGR SEPT-IN TL pamvi Cocommercial, 1 e R=residential t NEW, REPair, r, VauLT 1053 09 (000Q7 22378 WCR 53 PL,ATTEVILLE/9-4-64 22378 WCR 53 LOUIS RAY LLC P.O. BOX 336023, GREELEY CO80631 LOUIS RAY LLC PO BOX 33603, GREELEY CO 80631 TERRACON CONSULTANTS PG BOX 1135, LONGMONT COLORADO 80502 FORMAN'S BACKHOE SERVICE 3118 TRINIDAD ST, EVANS CO 80620 -r a a a i SAL Description; HOUSE Commercial (YIN) : N Number of Persons: 4 Number of Bedrooms: 3 Water Public (Y/N): Y Water Private (Y/N): Water Permit No; Percolation Rate: ° Ground Slope: Engineer Design Req' d. Minimum Installation Septic Tank: Actual Installation Septic Tank: Design Type: a ..... ,CLINASyLi � a .11 - a - Y Residential (Y/N): Y fa:Hz-Lir Applied: 02/19/1999 Issued: 02/22/1999 Finaled: ?ere:Pe/99, Phone: (970)351-8881 Phone; (970) 351-8881 Phone: (303) 776-3921 Phone: (970) 339-3518 Acres: 8.10 Basement Plumbing (Y/N) : N Bathrooms--> Full: 2 3/4: 1 1/2: Utility Name: CENTRAL WELD WATER Cistern (YIN) : Well(Y/N): 52''ji. 5 Limiting Zone: >08 ft 00 in Dir: Soil Suitable (YIN) i Y (Y/N); N 1000 gal Itto gal In 100 Yr Flood Absorption Trench: Absorption Bed: Absorption Trench: Absorption Bed; ............ NOTICE Desc: Plain (Y/N): N 975 sq. 1266 sq. t— sq. (374 sq, ft. ft. f t . ft44 The is suaac e of this permit does not imply compliance with other state, county or local regulatory or building requirements, nor shall it act to certify that the subject system will operate in compliance with applicable state, county and local regulations adopted persuant to Article 10, Title 25, CRS as amended, except for the purpose of establishing final approval of installed System for issuance of a local occupancy permit persuant to C'Re 1973 25 -LO -111 (21. This permit is not transferable. The Weld County Health Department reserves the right to impose additional terms and conditions required to meet our regulations on a continuing basis. Final permit approval was contingent upon the final inspection o e the completed system by the Weld County Health Deportment. Stelikcia �� modq4q5 Hello