HomeMy WebLinkAbout20151109.tiff RESOLUTION
RE: APPROVAL OF FOUR-LOT RECORDED EXEMPTION, RECX15-0012 - C.B. KEIRNES
LAND COMPANY, LLC
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 a Four-Lot Recorded Exemption, RECX15-0012, was
submitted by C.B. Keirnes Land Company, LLC, 17624 County Road 88, Pierce, CO 80650, for
property which is located on the following described real estate, to-wit:
Lot D of Amended Recorded Exemption,
AMRE-3868; located in part of the W1/2 E1/2 of
Section 23, Township 6 North, Range 66 West of the
6th P.M., Weld County, Colorado
being more particularly described in the plat which shall be provided by the applicant and known
as Exhibit "A," said plat to be recorded, and
WHEREAS, the Board of County Commissioners, pursuant to its authority under
Section 30-28-101(10)(d), C.R.S., did determine at a public meeting held in the Chambers of the
Board, that a certain parcel of land, to be divided into four parcels, as shown on the plat known as
Recorded Exemption, RECX15-0012, does comply with the intent of Sections 24-8-40.A-O of
the Weld County Code; however, it 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 four (4) parcels estimated to be
approximately 2.9, 2.9, 2.6 and 120.6 acres.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the hereinabove described parcel of land be, and hereby is, exempt from
the definition of the terms "subdivision" and "subdivided land."
BE IT FURTHER RESOLVED by the Board that the application of C.B. Keirnes Land
Company, LLC, for Four-Lot Recorded Exemption, RECX15-0012, be, and hereby is, approved
subject to the following conditions:
1. Prior to recording the plat:
A. The Colorado Department of Transportation (CDOT) has jurisdiction over
all accesses to the state highways. CDOT is requiring an access permit
for this recorded exemption. Evidence that an access permit has been
obtained shall be provided to the Department of Planning Services.
LeXPL(c ) sln
2015-1109
RECX15-0012
RECX15-0012 - C.B. KEIRNES LAND COMPANY, LLC
PAGE 2
B. The applicant shall attempt to address the comments of CDOT (pertaining
to referral items 3 and 4) as stated in the referral comments dated
March 23, 2015.
C. The applicant shall address the requirements of Weld County School
District RE-2, as stated in the referral response dated March 24, 2015.
Evidence of such shall be submitted, in writing, to the Weld County
Department of Planning Services.
D. Lots A, B and C 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 reserved road right-of-way.
E. Lot D shall comply with the one-hundred twenty (120) acre net minimum lot
size required by Section 24-8-20.C.3 of the Weld County Code. Net
acreage calculations should not include future road right-of-way.
F. The applicant shall provide the Weld County Department of Planning
Services with a Statement of Taxes from the Weld County Treasurer
showing no delinquent taxes exist for the original parcel.
2. Items to be included on the plat:
A. The plat shall be titled: Recorded Exemption No. 0805-23-4
RECX15-0012.
B. County Road 66 is designated on the Weld County Road Classification
Plan as a Collector road, which requires 80 feet of right-of-way at full
buildout. There is presently 60 feet of right-of-way. An additional 10 feet
shall be delineated on the plat as future County Road 66 right-of-way. All
setbacks shall be measured from the edge of future right-of-way. The
applicant shall verify the existing right-of-way and the documents creating
the right-of-way and this information shall be noted on the plat. If the
right-of-way cannot be verified, it shall be dedicated. This road is
maintained by Weld County.
C. The Colorado Department of Transportation (CDOT) has jurisdiction over
all accesses to state highways. Show the approved CDOT access on the
plat and label with access permit number.
D. The applicant is proposing a shared access across Lots A and B of
RE-3868 and Lot C of AMRE-3868 to access proposed Lots A, B and C of
RECX15-0012. The applicant shall submit to the Weld County
Department of Planning Services one of the following:
1) A recorded copy of any agreement signed by all of the owners of
the property crossed by the access. The access shall be for
2015-1109
RECX15-0012
RECX15-0012 - C.B. KEIRNES LAND COMPANY, LLC
PAGE 3
ingress and egress and shall be referenced on the plat by the Weld
County Clerk and Recorders reception number.
2) A 30-foot wide joint access and utility easement extending across
Lots A and B of RE-3868 and Lot C of AMRE-3868 from State
Highway 392, for the benefit of Lots A, B and C of RECX15-0012,
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.
E. State Highway 392 requires 90 feet right-of-way from centerline at full
buildout. A total of 90 feet from the centerline of State Highway392 shall
be delineated edge of future Right-of-Way for State Highway 392.
F. The applicant shall show the approved Weld County access on the plat and
label with the approved access permit number (AP15-00077).
G. The following notes shall be placed on the plat:
1) All proposed or existing structures will 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. 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 the Section
23-3-10 of the Weld County Code.
2) Any future structures or uses on the site must obtain the
appropriate zoning and building permits.
3) Lot A, Lot B and Lot C are not eligible for a future land exemption in
accordance with Section 24-8-20.C.3 of the Weld County Code.
4) 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.
5) Prior to the release of building permits, the applicant shall submit
evidence to the Department of Planning Services that Lots A, B, C
2015-1109
RECX15-0012
RECX15-0012 - C.B. KEIRNES LAND COMPANY, LLC
PAGE 4
and/or D have an adequate water supply of sufficient quality,
quantity and dependability.
6) Should noxious weeds exist on the property, or become established
as a result of the proposed development, the applicant/landowner
shall be responsible for controlling the noxious weeds, pursuant to
Chapter 15, Articles I and II, of the Weld County Code.
7) Recorded Exemptions on adjacent properties may raise the issue
of compliance with the intent of the Recorded Exemption process.
Approval of this Recorded Exemption does not guarantee approval
of future applications on adjacent properties.
8) Building permits shall be obtained prior to the construction of any
building. Buildings that meet the definition of an Agricultural
Exempt Building, per the requirements of Section 29-1-20 and
Section 29-3-20.B.13 of the Weld County Code, do not need
building permits; however, a Certificate of Compliance must be filed
with the Department of Planning Services, and an electrical and/or
plumbing permit is required for any electrical service to the building
or water for watering or washing of livestock or poultry.
9) Building Permits issued on the proposed lots will be required to
adhere to the fee structure of the County-Wide Road Impact Fee
Program.
10) 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.
11) The historical flow patterns and runoff amounts will be maintained
on the site.
12) 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.
13) No additional lots shall be created by this easement.
14) Any further division of Lot D will trigger the requirement for a Road
Improvements Agreement.
4. Any proposed subdivision adjacent to, or contained within, this Recorded
Exemption may be considered to be urban scale development. Urban scale
infrastructure may be required.
2015-1109
RECX15-0012
RECX15-0012-C.B. KEIRNES LAND COMPANY, LLC
PAGE 5
5. The applicant shall submit an electronic version(.pdf),or one(1)paper copy,of the
plat to the Weld County Department of Planning Services for preliminary approval.
The plat shall be prepared in accordance with the requirements of Section
23-2-260.D of the Weld County Code. 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 and additional requirements shall be
submitted within one hundred twenty (120) days from the date of the Board of
County Commissioners Resolution. The Mylar plat shall be recorded in the office
of the Weld County Clerk and Recorder by the Department of Planning Services.
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 one hundred twenty(120)
days from the date of the Board of County Commissioners Resolution, a$50.00
recording continuance charge shall added for each additional three (3) month
period.
7. The Department of Planning Services respectfully requests a digital copy of this
Use by Special Review,as appropriate. Acceptable CAD formats are.dwg, .dxf,
and.dgn(Microstation);acceptable GIS formats are ArcView shapefiles or ArcGIS
Personal GeoDataBase(MDB). The preferred format for Images is.tif(Group 4).
(Group 6 is not acceptable). This digital file may be sent to maps@co.weld.co.us.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 20th day of April,A.D.,2015
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY,CO ORADO
ATTEST:C C� • h / �
CG// rbara Kirkmeye ,Chair
Weld County Clerk to the Board J os
Mike Freeman, Pro-Tern
BY: '
D-.(ty Clerk t.the Bo-
,4j, dean' Con ay / 'S
,vim,,
APPROVED AS TO FOR tV's /,//,a,16:1',i.` lie .Cozad
County Attorney / EXCUSED
Steve Moreno
Date of signature: �I
2015-1109
RECX15-0012
i (a86�
✓ DEPARTMENT OF PLANNING SERVICES
�o�- z RECORDED EXEMPTION
ADMINISTRATIVE REVIEW
PLANNER: Chris Gathman HEARING DATE: April 6, 2015
CASE NUMBER: RECX15-0012
APPLICANT: CB Keirnes Land CO LLC
AUTHORIZED AGENT: Robb Casseday, Casseday Creative Designs, LLC
ADDRESS: 17624 County Road 88, Pierce, CO 80650
REQUEST: Four-Lot Recorded Exemption
LEGAL DESCRIPTION: Lot D of Amended Recorded Exemption AMRE-3868; located in Part of the
W2E2 of Section 23, T6N, R66W of the 6th P.M., Weld County, CO
PARCEL NUMBER: 080523400026
PARCEL SIZE: +/- 130.5 acres ZONE DISTRICT: Agricultural
WATER SOURCE: Lot A: Proposed North Weld County Water
Lot B: Proposed North Weld County Water
Lot C: Proposed North Weld County Water
Lot D: Proposed North Weld County Water
SEWER SOURCE: Lot A: Proposed septic system
Lot B: Proposed septic system
Lot C: Proposed septic system
Lot D: Proposed septic system
Description: The applicants are proposing a 4-lot Recorded Exemption on Lot D of Amended Recorded
Exemption AMRE-3868. Lots A, B and C of the proposed recorded exemption are
proposed to be located south of and adjacent to Lots A, B of Recorded Exemption RE-3868
and Lot C of AMRE-3868. The applicant is proposing a shared access off of State Highway
392 to be used by Lots A and B of RE-3868 and Lot C of AMRE-3868. CB Keirnes Land
CO LLC applied for both RE-3868 and AMRE-3868. Lot B of RE-3868 has a single family
residence. The remaining parcels created through RE-3868 and AMRE-3868 are vacant
(no single family residences or other improvements). With the exception of Lot B of RE-
3868 (which is under separate ownership), all of the existing recorded exemption lots are
owned by CB Keirnes Company, LLC or ALTA, LLC. Bradley Keirnes is the designated
manager for ALTA, LLC.
2015-1109
SERVICE,TEAMWORK,IN I LGIU I V.QUALITY
,s 00
The Department of Planning Services staff has reviewed this request and recommends that this
request be denied for the following reasons:
1. It is the opinion of the Department of Planning Services staff that the applicant has NOT shown
compliance with the following criteria as listed in Section 24-8-40.A through 24-8-40.O of the Weld
County Code:
Section 24-8-40.J: "The proposal is consistent with sound land use planning practices." -The
proposed recorded exemptions will be sharing a common access. The number of lots to be
created (a total of 7 if this recorded exemption is approved) is consistent with a non-urban
scale subdivision or Planned Unit Development (PUD), A PUD process is the appropriate
process to address this proposal as the recorded exemption process does not provide the
appropriate review process to address concerns such as access, emergency services and
school district requirements.
Section 24-8-40.K: "The proposal is consistent with the Statement of Purpose as expressed
in Section 24-1-30 of this Chapter."
A. Assisting orderly and integrated development.
B. Promoting the health, safety and general welfare of the residents of the County.
C. Encouraging well-planned subdivisions by establishing adequate standards for
design and improvement.
Staff believes that the number of lots (7 lots), of which 6 lots are sharing a common access
road is non-urban scale development and should be reviewed through the PUD process. The
recorded exemption process is an exemption from the subdivision process and is not
adequate to address access, emergency services, school district, and drainage concerns.
The recorded exemption process does not require an internal public road access (access
would have to be a private access easement) and there are no provisions in the recorded
exemption process to allow for school bus shelters and mailboxes (on a separate outlot)
which are a standard part of a PUD or subdivision. There is also not a public notice
requirement for recorded exemptions which is required for non-urban scale PUDs which
allows the public to express any concerns/issues with the development.
Should the Board of County Commissioners approve this request, the Department of Planning
Services staff recommends the following conditions be attached:
Prior to recording the plat:
A. The Colorado Department of Transportation (CDOT) has jurisdiction over all accesses to the
state highways. CDOT is requiring an access permit for this recorded exemption. Evidence
that an access permit has been obtained shall be provided to the Department of Planning
Services. (Colorado Department of Transportation)
B. The applicant shall address the requirements of Weld County School District RE-2 as stated
in the referral response dated March 24, 2015. Evidence of such shall be submitted in
writing to the Weld County Department of Planning Services. (RE-2 School District)
C. The applicant shall attempt to address the comments of CDOT (pertaining to referral items 3
and 4) as stated in their referral comments dated March 23, 2015. (Colorado Department of
Transportation)
SF VICE,TEAMWORK,INTEGRITY,QUALI I Y
D. Lots A, B and C 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 reserved
road right-of-way.
E. Lot D shall comply with the one-hundred twenty (120) acre net minimum lot size required by
Section 24-8-20.C.3 of the Weld County Code. Net acreage calculations should not include
future road right-of-way.
F. The applicant shall provide the Weld County Department of Planning Services with a
Statement of Taxes from the Weld County Treasurer showing no delinquent taxes exist for
the original parcel.
2. Items to be included on the plat:
A. The plat shall be titled: Recorded Exemption No. 0805-23-4 RECX15-0012.
B. County Road 66 is designated on the Weld County Road Classification Plan as a Collector
road, which requires 80 feet of right-of-way at full build out. There is presently 60 feet of
right-of-way. An additional 10 feet shall be delineated on the plat as future County Road 66
right-of-way. All setbacks shall be measured from the edge of future right-of-way. The
applicant shall verify the existing right-of-way and the documents creating the right-of-way
and this information shall be noted on the plat. If the right-of-way cannot be verified, it shall
be dedicated. This road is maintained by Weld County.
C. The Colorado Department of Transportation (CDOT) has jurisdiction over all accesses to
state highways. Show the approved CDOT access on the plat and label with access permit
number. (Colorado Department of Transportation)
D. The applicants are proposing a shared access across Lots A and B of RE-3868 and Lot C
of AMRE-3868 to access proposed Lots A, B and C of RECX15-0012. The applicant shall
submit to the Weld County Department of Planning Services one of the following:
1) 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.
2) Evidence that the access is dedicated as right-of-way by Weld County.
3) A 30 foot wide joint access and utility easement extending across Lots A and B of
RE-3868 and Lot C of AMRE-3868 from State Highway 392, for the benefit of
Lots A, B and C of RECX15-0012, 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. (Department of Planning Services —
Engineer)
E. State Highway 392 requires 90 feet right-of-way from centerline at full build out. A total of 90
feet from the centerline of State Highway392 shall be delineated edge of future Right-of-
Way for State Highway 392.
SERVICE,TEAMWORK,INTEGRITY,QUALI IY
F. Show the approved Weld County access on the plat and label with the approved access
permit number(AP15-00077). (Department of Planning Services — Engineer)
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 2003 International Building Code,
shall be constructed within a 200-foot radius of any tank battery or within a 150-foot
radius of any wellhead. 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 the
Section 23-3-10 of the Weld County Code.
2) Any future structures or uses on site must obtain the appropriate zoning and building
permits.
3) Lot A, Lot B and Lot C are not eligible for a future land exemption in accordance with
Section 24-8-20.C.3 of the Weld County Code.
4) 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.
5) Prior to the release of building permits, the applicant shall submit evidence to the
Department of Planning Services that Lots A, B, C and/or D have an adequate water
supply of sufficient quality, quantity and dependability.
6) Should noxious weeds exist on the property or become established as a result of the
proposed development the applicant/landowner shall be responsible for controlling
the noxious weeds, pursuant to Chapter 15, Articles I and II of the Weld County
Code.
7) Recorded Exemptions on adjacent properties may raise the issue of compliance with
the intent of the Recorded Exemption Process. Approval of this Recorded Exemption
does not guarantee approval of future applications on adjacent properties.
8) 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 29-3-20.6.13 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.
10) Building Permits issued on the proposed lots will be required to adhere to the fee
structure of the County-Wide Road Impact Fee Program.
11) 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.
SERVICE, EANI WORK,INTEGRITY,QUALI I Y
12) Should noxious weeds exist on the property, or become established as a result of the
proposed development, the applicant/landowner shall be responsible for controlling
the noxious weeds, pursuant to Chapter 15, Articles I and II, of the Weld County
Code.
13) The historical flow patterns and runoff amounts will be maintained on the site.
14) WELD COUNTY'S RIGHT TO FARM: Weld County is one of the most productive
agricultural counties in the United States, typically ranking in the top ten counties in
the country in total market value of agricultural products sold. The rural areas of
Weld County may be open and spacious, but they are intensively used for
agriculture. Persons moving into a rural area must recognize and accept there are
drawbacks, including conflicts with long-standing agricultural practices and a lower
level of services than in town. Along with the drawbacks come the incentives which
attract urban dwellers to relocate to rural areas: open views, spaciousness, wildlife,
lack of city noise and congestion, and the rural atmosphere and way of life. Without
neighboring farms, those features which attract urban dwellers to rural Weld County
would quickly be gone forever.
Agricultural users of the land should not be expected to change their long-established
agricultural practices to accommodate the intrusions of urban users into a rural area.
Well-run agricultural activities will generate off-site impacts, including noise from
tractors and equipment; slow-moving farm vehicles on rural roads; dust from animal
pens, field work, harvest and gravel roads; odor from animal confinement, silage and
manure; smoke from ditch burning; flies and mosquitoes; hunting and trapping
activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides
and fertilizers in the fields, including the use of aerial spraying. It is common practice
for agricultural producers to utilize an accumulation of agricultural machinery and
supplies to assist in their agricultural operations. A concentration of miscellaneous
agricultural materials often produces a visual disparity between rural and urban areas
of the County. Section 35-3.5-102, C.R.S., provides that an agricultural operation
shall not be found to be a public or private nuisance if the agricultural operation
alleged to be a nuisance employs methods or practices that are commonly or
reasonably associated with agricultural production.
Water has been, and continues to be, the lifeline for the agricultural community. It is
unrealistic to assume that ditches and reservoirs may simply be moved "out of the
way" of residential development. When moving to the County, property owners and
residents must realize they cannot take water from irrigation ditches, lakes, or other
structures, unless they have an adjudicated right to the water.
Weld County covers a land area of approximately four thousand (4,000) square miles
in size (twice the size of the State of Delaware) with more than three thousand seven
hundred (3,700) miles of state and County roads outside of municipalities. The sheer
magnitude of the area to be served stretches available resources. Law enforcement
is based on responses to complaints more than on patrols of the County, and the
distances which must be traveled may delay all emergency responses, including law
enforcement, ambulance, and fire. Fire protection is usually provided by volunteers
who must leave their jobs and families to respond to emergencies. County gravel
roads, no matter how often they are bladed, will not provide the same kind of surface
expected from a paved road. Snow removal priorities mean that roads from
subdivisions to arterials may not be cleared for several days after a major snowstorm.
Services in rural areas, in many cases, will not be equivalent to municipal services.
Rural dwellers must, by necessity, be more self-sufficient than urban dwellers.
SERVICE,TEAMWORK,INTEGRITY,QUALITY
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. Any proposed subdivision adjacent to or contained within this recorded exemption may be
considered to be urban scale development. Urban scale infrastructure may be required.
5. The applicant shall submit one (1) paper copy or one (1) electronic copy of the plat for preliminary
approval to the Weld County Department of Planning Services. Upon approval of the paper copies
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 Weld County Clerk and Recorder by
Department of Planning Services' Staff. The plat shall be prepared in accordance with the
requirements of Section 24-8-60 of the Weld County Code. The Mylar plat and additional
requirements shall be submitted within sixty (60) days 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 Administrative Review was
signed a $50.00 recording continuance charge may be added for each additional 3 month period.
7. The Department of Planning Services respectfully requests the surveyor provide a digital copy of
this Recorded Exemption. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation);
acceptable GIS formats are ArcView shapefiles, Arclnfo Coverages and Arclnfo Export files format
type is .e00. The preferred format for Images is .tif (Group 4). (Group 6 is not acceptable). This
digital file may be sent to dhuerterco.weld.co.us
8. The Board of County Commissioner's approval of this Recorded Exemption Application is based on
satisfying the Conditions of Approval. Should an applicant be unwilling or unable to meet any one of these
conditions within 60 days of approval, then this case will be forwarded to the Weld County Board of
County Commissioners with a staff recommendation for denial.
SERVICE,TEAMWORK,INTEGRITY,QUALM Y
RECORDED EXEMPTION (RE) APPLICATION
FOR PLANNING DEPARTMENT USE DATE RECEIVED. //I-L:7 2-O i S
RECEIPT/AMOUNT# Is. CASE#ASSIGNED: !` l 5 - "C:C=1
APPLICATION RECEIVED BY PLANNER ASSIGNED: (..1111:1.,
Parcel Number 0 8 0 5 . 2 3 . 4 _ 0 0 . 0 2 6
(12 digit number-found on Tax I.D.information,obtainable at the Weld County Assessor's Office,or www.co weld co.us)
Legal Description Lot D, AMD RE AMRE-3868 • Section V, Township 6 North, Range 6 West
Has the property been divided from or had divided from it any other property since August 30, 1972? Yes(] No❑
Is this parcel of land, under consideration, the total contiguous land owned by the applicant? Yes El Non
FEE OWNER(S) OF THE PROPERTY:
Name: CB Keirnes Land Co, LLC
Work Phone# 970-356-6600 Home Phone# Email Address brad@keirnes.com
Address: P.O. Box 7
City/State/Zip Code Eaton, CO 80615
APPLICANT OR AUTHORIZED AGENT(See Below:Authorization must accompany all applications signed by Authorized Agent)
Name: Casseday Creative Designs, LLC
Work Phone# 970-515-6675 Home Phone# Email Address robb@casseday.net
Address: P.O. Box 337733
City/State/Zip Code Greeley, CO 80633
1 Lot A Lot B Lot C Lot D
i Smaller Parcel
Water Source NWCWD NWCWD NWCWD NWCWD
Type of Sewer SEPTIC SEPTIC SEPTIC SEPTIC
I Proposed Use Residential Residential Residential Residential
Acreage 2.9 2.9 2.6 120.6
Existing Dwellings? If Yes, list address If Yes, list address If Yes, list address If Yes, list address
below: below: below: below:
No
• If the property is vacant or unimproved write proposed water source and proposed sewer system for each parcel in
the blanks above. For example, if a well and septic is proposed state: proposed well, proposed septic.
I (We) request that the following described property be designated a Recorded Exemption by the Weld County Board
of County Commissioners. I (We) hereby depose and state under penalties of perjury that all statements, proposals,
and/or plans submitted with or contained within the application are true and correct to the best of my(our)knowledge.
Signatures of all fee owners of property must sign this application. If an Authorized Agent signs, a letter of
authorization from all fee owners must be included with the application. If a corporation is the fee owner, notarized
evidence mutt be i luded showing the signatory has the legal authority to sign for the corporation
(1,./..L
.4,4_ f/!G /15
Signature: Owner or Authorized Agent Date Signature: Owner or Authorized Agent Date
RECORDED EXEMPTION (RE)QUESTIONNAIRE
1. Water supply statements addressing the following:
a. Domestic Use: See attached letter from North Weld County Water District.
b. Irrigation water: NWCWD for residential use only.
2. Proposed lots will have an adequate means for the disposal of sewage in compliance with the
requirements of the underlying zone district and the Weld County Department of Public Health
and Environment in the form of septic permits provided by Weld County Department of Public
Health. The Septic systems will be designed,constructed and permitted according to Weld
County ISDS requirements.
3. The property is being used for agriculture and is located in the agricultural zone district. There is
no livestock or existing improvements on the property. There are oil/gas well production
facilities but the land is being irrigated via ditches and produces mainly alfalfa hay.
4. Three of the new lots will be approximately 3 acres in size with lot D being approximately 120
acres in size. The 4 lots are attached to existing 3 lot RE, with one of the lots developed with a
single family residential home.
5. The proposed RE lots are west of the inlet to Sealy Lake and adjacent to the open space
associated with the inlet. There is abundant wildlife and water feature amenities.
6. The building envelopes are shown on the attached site plan and essentially cover the buildable
portions of each lot inside of the required setbacks and utility easements.
7. There are no business or USR permits on the property.
ADDITIONAL COMMENTS TO RE QUESTIONNAIRE
1. Because there was some discussion with Chris Gathman in December of 2014 about the RE
application and process, we feel we should address a potential inference that the RE being
adjacent to other RE lots could be construed as circumventing subdivision applications.
a. This application is merely a desire to continue with the allowable application for RE lots
per the requirement that there be a 5 year period between applications of already
established RE lots.
b. This application will provide additional lots in an already established subdivided and
developed lot with street, cul-de-sac and landscaping.
c. The entire lot D of the original RE will eventually have an application for further
subdivision and extensive open space and landscaping. At this time,the number of lots
that could be created would not be marketable and the costs to install streets and
utilities would be very costly. This RE application is the right step in the entire
development to take at this time.
(<6.00(1. /is Weld County Public Works Dept.
1111H Street ACCESS PERMIT
,4 dr col P.O. Box 758
G Greeley,CO 80632 APPLICATION FORM
- /C V1I�� Phone: (970)304-6496
Fax:(970)304-6497
Applicant Property Owner(If different than Applicant)
Name Brad Keirnes Name _
Company CB Keirnes Land Co, LLC Address
Address P.O. Box 7 City State Zip
City Eaton State CO Zip 80615 Phone
Business Phone 970-356-6600 Fax
Fax 888-575-9254 E-mail
E-mail brad@keirnes.com
♦=Existing Access A=Proposed Access
Parcel Location&Sketch i
The access is on WCR Hwy 392
Nearest Intersection:WCR 35 &WCR Hwy 392 --- R lwt 31 I 2
1
Distance from Intersection .25 Miles West
080523400026
Parcel Number M A ' La c. h
236 (A AA
Section/Township/Range T c, ; L.U%1 ! .
lUl'D
Is there an existing access to the property?IS YES NO ❑
N
Number of Existing Accesses 5 Lit
Road Surface Type&Construction Information ) 7 04-A
---- — —
Asphalt f Gravel O Treated II Other WCR
Culvert Size&Type 24"Galv. Tube
Materials used to construct Access Gravel
•
Construction Start Date 5/2015 Finish Date 12/2015
Proposed Use
[Temporary(Tracking Pad Required)/$75 El Single Residential/$75 E Industrial/$150
El Small Commercial or Oil &Gas/$75 [Large Commercial/$150 [Subdivision/$150
[Field (Agriculture Only)/Exempt
Is this access associated with a Planning Process? [No DUSR ORE [PUD [Other
Required Attached Documents
-Traffic Control Plan -Certificate of Insurance -Access Pictures(From the Left,Right,& into the access)
By accepting this permit,the undersigned Applicant, under penalty of perjury,verifies that they have received all pages of the permit
application;they have read and understand all of the permit requirements and provisions set forth on all pages;that they have the
authority to sign for and bind the Applicant, if the Applicant is a corporation or other entity;and that by virtue of their signature the
Applicant is bound by and agrees to comply with all said permit requirements and provisions,all Weld County ordinances,and state laws
regarding facilities constructio
Signature_,,,Zi j Printed Name v lC3 /6in/tf3 S Date Vi e./45
Approval or Denial will be issued in minimum of 5 days. Approved by
Revised Date 6/29/10
•
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BOARD OF DIRECTORS . , s+ L;, NORTH WELD COUNTY WATER DISTRICT
CHARLES ACHZIGER �`, 32825 CR 39•LUCERNE,CO 80646
GENE STILLE RICK PICKARD,DISTRICT MANAGER
GARY SIMPSON
TODD BEAN P.O.8OX 56•BUS:(970)356-3020•FAX:(970)395-0997
ROBERTARNBRECHT '/WW.NWCWD.ORG•EMAIL:W.ATER@NWCWD,ORG
January 7,2015
Keimes CB Land Company Robb Casseday
PO Box 7 PO Box 337733
Eaton.CO 80615 Greeley,CO 80633
970.515.6675
This letter is in response to your inquiry regarding water service to the following described property,
Approx.16514 Hwy 392,Proposed Lot A;Approx.16518 Hwy 392,Proposed Lot B;Approx.16522 Hwy 392,Proposed Lot C;and
Approx.16526 Hwy 392,Proposed Lot O in a portion of the W''/of the E%of Section 23,T6N,R66W of the 6"Prime Meridian.
(See attached North Weld County Water District sketch)
Parcel 080523400026
1. Water Service is procently being provided to the above mentioned property through motor#
2. North Weld County Water District is able and intends to provide water service to the above-mentioned property, provided all
requirements of the District are satisfied. If contracts have not been completed with North Weld County Water District within one year from
the date of this letter,the District may refuse to supply water to the above-mentioned property. The District reserves this right to refuse
service,in the event that raw water is unavailable,and/or pipeline or Filter Plant capacity is not capable to provide additonal service.
Before a water tap may be purchased,the applicant must provide a copy of a Warranty Deed,a Physical Address,this letter,and grant
a twenty(20)foot wide permanent easement and a thirty(30)foot wide temporary easement adjacent to the north and west
property lines of Proposed Lots A,B,C,and D. See drawing for details.
3. As additional consideration for this Letter of Intent to provide service,Properly Owner agrees to sign and execute any necessary
Easements and Rights-of-Way regarding specific locations,widths,size of pipeline(s)and descriptions for Water lines as determined
by the District. This Agreement is conditional upon execution and recording of the Easement and Right-of-Way Agreement,and until
such Easement and Right-of-Way Agreement is finalized to the satisfaction of the District and recorded,District shall not be required to
provide any services of any type.
4.The District recommends that based on the number of family members and livestock along with other information provided in the
Water Tap Request Form,your irrigated landscaping square footage not exceed approx.6,000 square feet. The
recommendation is based on the Full Standard Tap allocation and should be utilized to optimize delivery without surcharge. Additional
allocation should be purchased for landscaping areas larger than the recommended area.
5. The District recommends that anticipated raw water be purchased through the District.The District guarantees treatment and delivery of
raw water purchased. All water that is delivered over the allocation(with surcharge)is subject to water availability. Water
purchased through the District shall be 70%delivery of an Acre-Foot of water,if the allotment for Colorado-Big Thompson(CBT)project
water,which is determined by the Northern Colorado Water Conservancy District,is 50%or greater. North Weld County Water District will
restrict the delivery as necessary when the CBT allotment is less than 50%. A portion of the Raw Water Fee is utilized by the District to
construct storage reservoirs.
6. Ta 0 tions and R uirements
Raw Raw Water Plant Distance-I:Meter Water Allocation Plant Investment
Water Storage Fee Investment Fee 1 Set (Annually) Allocation
Fee _ _(Annually)_
•
Full Standard 100% 100% 100% I 100% 1 100% 228.000 Gallons 228,000 Gallons
Lot Size_greater than 0.33 Acres(14,500 sq tit
---75%Tao 1 75% 75% L 75% 1 75% 1 100%1 L.171.000 Gallons ( 171,000 Gallons
Restrictions Lot sizes greater than 020 acres(8.800 sq ft)but less than 033 Acres(14,500 sq It)OR
landowners with verifiable trri9alicn rights or well permits for outside water use
1 7
: 50%Tap 1 50% 50% L50% 50% —f 00%.j '..114.000 Gallons 1 114:000 Gallons
Restrictions Lot size less than.2 acres(8,800 sq ft)OR with a Board Approved Irrigation System OR a
• Board Approved Commercial Enterprise
Conservation ! 1 ••�
Blue lap x100% , 100% 0 I 0 100% 1228,000 Gallons* 0 Gallons
If Qualified,taps may be used in combination with Conservation Tap(i.e.50%Water with a
Restrictions ` Conservation 0 Plant Investment)
'Gallons may vary depending on qualifying combination
A tap may be allotted more than 1 unit of Water and/or Plant Investment. In this case the allotment is the class X
228.000 gallons=Annual Allocation.(i.e.Water Allocation 5 x 228,000=1,140,000 gallons Annual Allocation)
Surcharge will be assessed when an account's year to dale usage exceeds the Water and/or Plant Investment Allotment. •
• See Page.2 for Rates.
Yd4yatD w,,rtoileverul'Intenl124I-142014-r2-0rsJK,,uws(`eL.anJ Co.En5I4.Ib5I8-Ie,$22Hwv 192'(20 IS0;.o7lr(e,mesC'K him Cur.ette,,l68entuix
!or
BOARD OF DIRECTORS � F{ tLr NORTH WELD COUNTY WATER DISTRICT
•
CHARLES ACHZIGER / 32825 CR 39•LUCERNE,CO 80646
GENE STILLE f \/
RICK PICKARD,DISTRICT MANAGER
GARY SIMPSON
TODD BEAN P.O.BOX 56•BUS:(970)356-3020•FAX:(970)395-0997
ROBERT ARNBRECHT WWW.NWCWD.ORG•EMAIL:W TER.tNWCW'D,ORG.
January 7,2015
The Tap Fees quoted below,shall be valid for ten(10)business days from the date the applicant receives this letter and the tap
fees must be paid within the ten(10)business days to receive the fees as quoted below. The Meter Set Fee as stated below is
valid only for the location shown on the attached map.
After ten(10)business days,the costs will be subject to the then in effect rates(current cost)established by the District. The District is
not responsible for notifying individuals,banks,lenders,prospective buyers,real estate agents or anyone else,in any manner,of a change
of rates and or fees.
TAP FEES(Assumed for Full Standard Tap) INSTALLATION COST
Raw Water for One Acre-Foot Unit(AFU) 520.000 Meter Set Fee Per Lot $2,400
Storage Fee Portion of Raw Water Fee $1,000 Line Extension Fee S15.000
Base Portion of Plant Investment Fee $7.500 Line Extension Fee is due with the first tap purchased
Distance Portion of Plant Investment Fee 500 or can be purchased by the developer
• (15 miles)
TOTAL Up-Front COSTS For STANDARD TAP(See $35,400.00 Full Std Tap)$23,400.00 Conservation Blue Tap+Line
Paragraph 6 for Options)PER TAP Extension Fee
Price is valid for ten(10 business days from receiving this letter.
Minimum Pressure 35 psi
Normal Pressure Ra 90 psi to 95 psi
Maximum Pressure 100 osi
After the water tap has been purchased(Raw Water AFU&Plant Investment Fee)the applicant has one year in which to have the meter
set. The District requires 45 days prior notice to setting a meter. If the meter has not been set within twelve months from the purchase date
and the applicant requests to relinquish the meter,the District shall refund the applicant 98%of the purchase price paid by applicant. If the
meter remains unset for thirteen to eighteen months after the initial purchase date and the applicant requests to relinquish the meter,the
District shall refund the applicant 90%of the purchase price paid by applicant. If the applicant does not choose to relinquish the meter
within one year of the applicant purchasing the meter and the meter remains unset,the account will begin billing the minimum
monthly amount.
Usage Rabs and Fees
Usage Amount Charge or Rate Per Month
0 to 6,000 gallons $18.30 Minimum
6.000 gallons and uo $3.05 per 1.000galbns(Kcal)_
Water Surcharge
Surcharge will be assessed when an account's year to date usage exceeds the annual water allotment. Currently the surcharge is
$2.00 per 1,000 gallons in addition to the standard monthly usage fee. This fee is to recover the District's cost to obtain additional
water rights for delivery.
Rate Differential Charge
North Weld County Water District's customers have the option of transferring Colorado Big Thompson(CBT)Project Water that the y
own or control to the District,on an annual basis. This water is utilized to increase the amount of raw water allocated to a tap. The
District will treat and deliver this water without water surcharge. A Rate Differential charge of$29.00 per acre-foot will be assessed on
all of these transfers. "Effective November 1,2015.the District will no longer accept water transfers.
Plant Investment Surcharge
Surcharge will be assessed when an account's year to date usage exceeds the Plant Investment Allotment. The transfer of additional
water will not remove this charge. Additional Plant Investment Units must be purchased to increase the allotment and reduce the Plant
,nvestment Surcharges These rates are in addition to the standard monthly usage fee.
0 to 456.000 gallons above the Plant Investment Allotment $3.95 per 1.000,gIlons
More than 456.000 gallons above the Plant Investment Allotment $1.95 Ler 1,000 gallons _ _-
Sincerely,
Eric Larson,P E.
North Weld County Water District
Y',L•.g J I)ne,in,vl'.b L,l(e,or Inki012014'(20i 412-0R)keimes CB Lind Co,16514-10g I e-I6i22!Ivey 342420 I i4I.07)Ke.nws CB I aid Cu Latter ailment d,w
2of2
BOARD OF DIRECTORS ' H v,, . NORTH WELD COUNTY WATER DISTRICT
CHARLES ACHZIGER + O' 32825 CR 39•LUCERNE,CO 80646
GENE STILLE � RICK PICKARD,DISTRICT MANAGER
GARY SIMPSON
TODD BEAN • P.O.BOX 56•BUS:(970)356-3020•FAX:(970)395-0997
ROBERT ARNBRECHT •
Wbb'W N1A,CA,1).O <; •EMAIL:WATLR n NWCWD.ORG
January 7,2015
Keimes CB Land Company Robb Casseday
PO Box 7 PO Box 337733
Eaton,CO 80615 Greeley,CO 80633
970.515.6675
This letter is in response to your inquiry regarding water service to the following described property,
Approx.16514 Hwy 392,Proposed Lot A;Approx.16518 Hwy 392,Proposed Lot B;Approx.16522 Hwy 392,Proposed Lot C;and
Approx.16526 Hwy 392,Proposed Lot D in a portion of the W%:of the E''/2 of Section 23,T6N,R66W of the 6,"Prime Meridian.
(See attached North Weld County Water District sketch)
Parcel 080523400026
1. Water Service is presently being provided to the above mentioned property through meter#
2. North Weld County Water District is able and intends to provide water service to the above-mentioned property, provided all
requirements of the District are satisfied. If contracts have not been completed with North Weld County Water District within one year from
the date of this letter,the District may refuse to supply water to the above-mentioned property. The District reserves this right to refuse
service,in the event that raw water is unavailable,and/or pipeline or Filter Plant capacity is not capable to provide additional service.
Before a water tap may be purchased,the applicant must provide a copy of a Warranty Deed,a Physical Address,this letter,and grant
a twenty(20)foot wide permanent easement and a thirty(30)foot wide temporary easement adjacent to the north and west
property lines of Proposed Lots A,B,C,and D. See drawing for details.
3. As additional consideration for this Letter of Intent to provide service,Property Owner agrees to sign and execute any necessary
Easements and Rights-of-Way regarding specific locations,widths,size of pipeline(s)and descriptions for Water Lines as determined
by the District. This Agreement is conditional upon execution and recording of the Easement and Right-of-Way Agreement,and until
such Easement and Right-of-Way Agreement is finalized to the satisfaction of the District and recorded,District shall not be required to
provide any services of any type.
4.The District recommends that based on the number of family members and livestock along with other information provided in the
Water Tap Request Form,your irrigated landscaping square footage not exceed approx.6,000 square feet. The
recommendation is based on the Full Standard Tap allocation and should be utilized to optimize delivery without surcharge. Additional
allocation should be purchased for landscaping areas larger than the recommended area.
5. The District recommends that anticipated raw water be purchased through the District.The District guarantees treatment and delivery of
raw water purchased. All water that is delivered over the allocation(with surcharge)is subject to water availability. Water
purchased through the District shall be 70%delivery of an Acre-Foot of water,if the allotment for Colorado-Big Thompson(CBT)project
water,which is determined by the Northern Colorado Water Conservancy District,is 50%or greater. North Weld County Water District will
restrict the delivery as necessary when the CBT allotment is less than 50%. A portion of the Raw Water Fee is utilized by the District to
construct storage reservoirs.
6. Tap Options and Requirements`
Raw i Raw Water I Plant Distance i Meter Water Allocation Plant Investment
Water . Storage Fee , Investment Fee ' Set ! (Annually) Allocation
Fee ! (Annually)
•
Full Standard 100% 100% 100% 100% 100% 228,000 Gallons 228,000 Gallons
Tap J
' Lot Size greater than 0.33 Acres(14,500 sq ft)
75%Tap ; 75% . 75% _ L 75% l 75% ; 100% L _ 171,000 Gallons 171,000 Gallons
Restrictions Lot sizes greater than 0.20 acres(8,800 sq ft)but less than 0.33 Acres(14,500 sq ft)OR
landowners with verifiable irrigation rights or wellpermits for outside water use
50%Tap ' 50% - 50% 50% 1 50% 100% 114,000 Gallons 114,000 Gallons
Restrictions Lot size less than.2 acres(8,800 sq ft)OR with a Board Approved Irrigation System OR a
Board Approved Commercial Enterprise
•
Conservation 100% 100% i 0 0 100% 228,000 Gallons' 0 Gallons
Blue Tap •
— .... .--.
= : .
If Qualified,taps may be used in combination with Conservation Tap(i.e.50%Water with a
Restrictions Conservation 0 Plant Investment)
'Gallons may vary depending on qualifying combination
A tap may be allotted more than 1 unit of Water and/or Plant Investment. In this case the allotment is the class X
228,000 gallons=Annual Allocation.(i.e.Water Allocation 5 x 228,000=1,140,000 gallons Annual Allocation)
Surcharge will be assessed when an account's year to date usage exceeds the Water and/or Plant Investment Allotment.
See Page 2 for Rates.
Y.legal 1oxumcnts,Lttter of InlcnA?01-1`4 2014-1 2-08,Keirnt,1'B Land Co,1651.1 16518.1.6522 Hay 3`125201 S-OI-O7ikeimc.'CB Ldnli CO I cncr of!Nenl doc
I of?
BOARD OF DIRECTORS NORTH WELD COUNTY WATER DISTRICT
CHARLES ACHZIGER 32825 CR 39•LUCERNE,CO 80646
GENE STILLE RICK PICKARD,DISTRICT MANAGER
GARY SIMPSON
•
TODD BEAN _ P.O.BOX 56•BUS:(970)356-3020•FAX:(970)395-0997
ROBERT ARNBRECHT - WWW.NWCWD.ORG•EMAIL:WATER@ NWCWD.ORG
January 7,2015
The Tap Fees quoted below,shall be valid for ten(10)business days from the date the applicant receives this letter and the tap
fees must be paid within the ten(10)business days to receive the fees as quoted below. The Meter Set Fee as stated below is
valid only for the location shown on the attached map.
After ten(10)business days,the costs will be subject to the then in effect rates(current cost)established by the District The District is
not responsible for notifying individuals,banks,lenders,prospective buyers,real estate agents or anyone else,in any manner,of a change
of rates and or fees.
TAP FEES(Assumed for Full Standard Tap) INSTALLATION COST
Raw Water for One Acre-Foot Unit AFU $20,000 I Meter Set Fee Per Lot $2,400
Storage Fee Portion of Raw Water Fee I $1,000 , Line Extension Fee $15,000
Base Portion of Plant Investment Fee i $7.500 I Line Extension Fee is due with the first tap purchased
Distance Portion of Plant Investment Fee $4 500 1 or can be purchased by the developer.
(15 miles) l
TOTAL Up-Front COSTS For STANDARD TAP(See $35,400.00 Full Std Tap 1$23,400.00 Conservation Blue Tap+Line
Paragraph 6 for Options)PER TAP Extension Fee
•
Price is valid for ten(10)business dads from receiving this letter.
Mnmum Pressure
Normal Pressure R _._
---------- � ' --- 90 psi to 9psi.___.._.....---
Maximum Pressure 100 psi
After the water tap has been purchased(Raw Water AFU 8 Plant Investment Fee)the applicant has one year in which to have the meter
set. The District requires 45 days prior notice to setting a meter. If the meter has not been set within twelve months from the purchase date
and the applicant requests to relinquish the meter,the District shall refund the applicant 98%of the purchase price paid by applicant. If the
meter remains unset for thirteen to eighteen months after the initial purchase date and the applicant requests to relinquish the meter,the
District shall refund the applicant 90%of the purchase price paid by applicant. If the applicant does not choose to relinquish the meter
within one year of the applicant purchasing the meter and the meter remains unset,the account will begin billing the minimum
monthly amount.
Usage Rates and Fees
Usage Amount Charge or Rate Per Month
0 to 6,000 gallons $18.30 Minimum
6,000 g llons and up $3.05 per 1,000 gallons(Kgal)
Water Surcharge
Surcharge will be assessed when an account's year to date usage exceeds the annual water allotment. Currently the surcharge is
$2.00 per 1,000 gallons in addition to the standard monthly usage fee. This fee is to recover the District's cost to obtain additional
water rights for delivery.
Rate Differential Charge
North Weld County Water District's customers have the option of transferring Colorado Big Thompson(CBT)Project Water that they
own or control to the District,on an annual basis. This water is utilized to increase the amount of raw water allocated to a tap. The
Distnct will treat and deliver this water without water surcharge. A Rate Differential charge of$29.00 per acre-foot will be assessed on
all of these transfers. "Effective November 1,2015,the District will no longer accept water transfers.
Plant Investment Surcharge
Surcharge will be assessed when an account's year to date usage exceeds the Plant Investment Allotment. The transfer of additional
water will not remove this charge. Additional Plant Investment Units must be purchased to increase the allotment and reduce the Plant
Investment Surcharges.These rates are in addition to the standard monthly usage tee.
; 0 to 456,000 gallons above the Plant Investment Allotment $3.95 per 1,000 gallons
More than 456,000 gallons above the Plant Investment Allotment $1.95 per 1.000 gallons
Sincerely.
Eric Larson,P.E.
North Weld County Water District
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2 of 2
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z �`°�� TAP REQUEST - KEIRNES, 16514 HWY 392aa/p or-put
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d: -la"• - • KEIMINCE CO IMID CO, 4•.G CA DKL.L.v . LLC r r )
III�e ' • RE 5.7C Pugh • -�I' et ❑LYIO•t Y- I.I.C
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- 1 O4a, w, •II • .►1p L••M••
a 1861 'APDEPARTMENT OF PLANNING SERVICES
�>< 1555 N 17th AVE
GREELEY, CO 80631
WEBS ITE: www weldgov.corn
•
E-MAIL. cgathman@weldgov.com
+�J PHONE (970) 353-6100, Ext. 3537
FAX. (970) 304-6498
January 26. 2015
CB KEIRNES LAND CO LLC
PO BOX 7
EATON CO 80615
Subject: RECX15-0012- Four-Lot Recorded Exemption.
On parcel(s)of land described as.
PT W2E2 SECTION 23, T6N, R66W LOT D AMD REC EXEMPT AMRE-3868 of the 6th P.M., Weld
County, Colorado.
Dear Applicant:
Your application and related materials for the request described above are complete and in order at this
time. I will schedule a meeting with you at the end of the review period to discuss the referral
comments received by our office.
It is the policy of Weld County to refer an application of this nature to any town or municipality lying
within three miles of the property in question or if the property under consideration is located within
the comprehensive planning area of a town or municipality. Therefore, our office has forwarded a
copy of the submitted materials to the following Planning Commission(s) for their review and
comments:
Greeley at Phone Number 970-350-9741
Eaton at Phone Number 970-454-3338
Please call the listed Planning Commissions, for information regarding the date, time and place of
the meeting and the review process. It is recommended that you and/or a representative be in
attendance at each of the meetings described above in order to answer any questions that might
arise with respect to your application.
If you have any questions concerning this matter, please call.
Respectfully,
IJigiLJlY,icri.d by... Johnson
eea,an be, m.. �,no,o,m:,ioeume r,
n. >o-S 0-ee 23 3,1 mna
Chris Gathman
Planner
The TITLE INSURANCE or ABSTRACT COMPANY hereby certifies that it has
made a careful search of its records,and finds the following conveyances affecting the
real estate described herein since August 30, 1972, and the most recent deed recorded
prior to August 30, 1972.
LEGAL DESCRIPTION:
Lot D of Amended Recorded Exemption No. 0080-52-4 AmRE-3868 recorded
September 1, 2006 at Reception No. 3416660, being a portion of the West Half of the
East Half of Section 23,Township 6 North, Range 66 West of the 6th P.M., County of
Weld, State of Colorado.
CONVEYANCES (if none appear, so state):
Reception No. 3184094
Reception No. 2532336
Reception No. 2528486
Reception No. 2080083
Reception No. 1242556, Book 1464 Page 534
Reception No. 1242555, Book 1464 Page 533
Reception No. 1242554, Book 1464 Page 531
Reception No. 945296, Book 1143 Page 164
The certificate is made for the use and benefit of the Department of Planning Services of
Weld County,Colorado.
This certificate is not to be constructed as an Abstract of Title nor an opinion of Title, nor
a guarantee Title and the Liability of COMPANY is hereby limited to the fee paid for this
Certificate.
In Witness Whereof, COMPANY, has caused this certificate to be signed
by its proper officer this 7th day of January , 2015 , at 7:30AM.
North American "Title Company of Colorado
Authorized Signature
Property Profile - Print Page 1 of
Property Profile for Account#R4489306
January 10,20E
Account Information
Account I Parcel Space Account Type Tax Year Tax Area Buildings Actual Value Assessed Value
R4489306 080523400026 Agricultural 2015 3868 0 0 0
Legal
PT W2E2 23-6-66 LOT D AMD REC EXEMPT AMRE-3868
•
Subdivision I Block Lot Land Economic Area — —
2211 W GREELEY
Property Address Property City Zip Section i Township : Range
•
23 i 08 66
Owner Information
Owner(s) Address Line 1 Address Line 2 City ST Zip
KEIRNES C B LAND CO PO BOX 7 EATON CO 806150007
LLC
Document History Information
Sale
Reception Rec Date Type I Grantor Grantee Sale Price
Date
Building Information
Valuation Information
Type Code Description I Actual Value Assessed Value Acres Land SciFt
Land 4117 FLOOD IRRIGATED LAND- 107,769 31,250 129.060 5,621.854
AGRICULTURAL
Land 4167 WASTE LAND 6 10 0.920 40,075
107,775 31.260 129.980 5.661.929
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llllll 11111 113 11 III 11111111111 lllli Illl lilt
3184094 45/27/2001 02:12P Weld County.CD
1 ci 2 P 11.00 D 59.90 Steve Morton Clerw b Recorder
Or
SPECIAL WARRANTY DEED
THIS DEED.bated this 15th day of April.2004 between Swift Beef Company,a Delaware Corporation
formerly known as Conagra Beef Company.formerly known as Monfort.Inc.Of the County of Weld and
JState of Colorado, grantor(s) and C. B. Kermes Lard Company. MC, a Colorado Limited Liability
Company whose legal address is 826 9th Street.el00,Greeley of the County of Weld and State of
Colorado,grantee(s):
WITNESS.that the granter(s),for and in consideration of the sum of gtVE HUNDRED NINETY NINE
THOUSAND AND 00/100 DOLLARS (6599 000.00), the receipt and saffiaency of which is hereby
acknowledged.hasrhave granted.bargained.so:d and conveyed.and by these presents do(es)grant,
bargain. sell, convey and confirm unto ihn grantee(s), their hers and assigns forever. all the real
property.together with improvements.if any.situate.lying and being in me County of Weld and State of
Colorado.described as follows.
SEE EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF
also known by street and number as: "Seeley Lake'Property,Greeley,CO
assessor's schedule or parcel number
TOGETHER with all and singular the `rereditaments and appurtenances thereunto belonging. or in
anywise appertaining,the revers.on and•eversion,remainder and remainders.rents.issues and profits
thereof,and all the estate.right.title,interest.claim and demand whatsoever of the grantoe(s).either in
law or equity,of,in and to the above bargained premises,with the tiered:taments and appurtenances:
TO HAVE AND TO HOLD the said premises above bargained and described.with:he appurtenances,
unto the grantee(s). their heirs and assigns forever The grantorls). for their heirs, personal
representatives,successors and assigns.do(es)covenant and agree that their shall and will WARRANT
AND FOREVER DEFEND the above bargained premises in the quiet and peaceable possession of the
yranteefs).their and assigns.against all and every person or persons claiming the whole or any part
thereof,by,through or under the grartor(s).
IN WITNESS WHEREOF.the grentor(s)haslhave executed this deed on the date set forth above.
Swift Beef Company,a Delaware Corporation
formerly known as Conagra Beef Company,
formerly k, n as Monfort,Inc.
BY STATE OF Colorado
COUNTY OF LAr,�
The foregoing instrument was acknowledged before me this � day of Ape'1 , 20f>�.
BY: Danny 0. Herron as Execuriye VP and Chief* of Swift Beef Company. a
Delaware Corporation formerly known as Conagra Beef Company,formerly known as Monfort.Inc..
*Financial Oft leer
Witness my hand and offdal seal
�I�r���N1I�Mri✓N��
y _ KIERSTI TAYLOR
+. —.)t NOTARY PUBLIC
Notary Pub it • STATE OF COLORADO
L......�..N_..._-..J
My Commission Expires: Jd-6,1 -C y my Cerrrrtussron Expires i223/2006
win*and Address of Person Crewing Newly Created legw Dasalpeon 38-3Sfea.5.C R.S l
After Recording Return to:
Z. ee-er/i'll'- - ' , %c
Chicago0
Flo No.: 135322*
SPECIAL WARRANTY DEED
SKLD, Inc. SKL12901 WE 3184094-2004.001
CHICAGO TITLE OF COLORADO, INC.
COMMITMENT FOR TITLE INSURANCE
SCHEDULE C
Commitment Number: 1383228
The West 1/2 of the East'';the Northeast 1/4 of the Northeast'A lying South of the No.2 Ditch; and the North '/:of
the Southeast'A of the Northeast'A,all in Section 23,Township 6 North, Range 66 West of the 6th P.M.,County
of Weld,State of Colorado,
Excepting therefrom parcels of land conveyed to Weld County by deed recorded January 17, 1955 in Book 1409
at Page 242,
Also excepting therefrom the following described parcel: That portion of said W 1/2 of the NE ''A described as
follows: Commencing at a point on the East line of the W % of the NE 'A 27 chains South of the North line of
said Quarter and running North 22° West, 20 chains to a stake; thence North 13° West 8 chains and 58 links to
the North line of said described land: thence east along the North line of said described land to a point 1845 feet
West of the Northeast corner of said Section: thence South 07°40' East 400 feet: thence South 31° East 400
feet: thence South 11' East 600 feet; thence South 27' East 300 feet to the East line of said W 'h of the NE V. of
said Section:thence South along the East line of the W 'A of the NE'A to the original point of beginning.
MINERAL RESERVATION
Seller reserves its share of any oil and/or gas revenues from
production presently existing on subject property so long as
said production is maintained.
111111 11111 IIIII Milan Ill MINIM MUM IIII
3184094 05/27/2004 02:12P Weld County, CO
2 of 2 R 11.00 0 59.90 Steve Moreno Clerk&Recorder
Issued at: FORT COLLINS,COLORADO CHICAGO TITLE OF COLORADO INC.
Commitment(Schedule C-Legal Descdptiont
SKLD, Inc. SKL12901 WE 3184094-2004.002
WARRANTY DEED
1297
THIS DEED, made this Bth day of January, .fl' between
Beanie Eldridge
of the County of Weld and State of Colorado, grantor, and Monfort, Inc., a Delaware
corporation
a corporation organized and existing under and by virtue of the laws of the State of
COLORADO, grantee:
whose legal address is P.O. Box G, Greeley, CO 80632-0150
wIrxssafTE: That the grantor, for and in consideration of the sum of ONE HUNDRED
THIRTY THOUSAND AND 00/100, (9130,000.00) DOLLARS, the receipt and sufficiency of
which is hereby acknowledged, hes granted, bargained, sold and conveyed, and by these
a J presents does grant, bargain, sell, convey and confirm, unto the grantee, its
successors and assigns forever, all the real property together with improvements, if
any, situate,lying and being in the county of Weld and State of Colorado, described
(.rj1j as follows,
ll tg6 SEE EXHIBIT "A" ATTACHED HERETO AND HADE A PART HEREOF
\7 also known by street and number as vacant, Greeley, Colorado 80631
Teen= with all and singular the hereditaments and appurtenances thereunto
belonging, or in anywise appertaining and the reversion and reversions, m reinder and
remainders, rents, issess and profits thereof, and all the estate, right, title,
interest, claim and demand whatsoever of the grantor, either in law or equity, of, in
and to the above bargained premises, with the hereditmente and appurtenances.
TO HAVE AND TO HOLD the said premises shove bargained and described, with the
appurtenances, unto the grantee, its successors and assigns forever. And the grantor,
for himself, his heirs and pereonel representatives, does covenant, grant, bargain,
e nd agree to and with the grantee, Its successors and assigns, that at the time of the
encodling and delivery of these presents, he is well seized of the premises above
• vexed, bas good, cure, perfect, absolute and indefeasible estate of inheritance, in
law, In fee staple, and has good right, full power and lawful authority to grant,
bargain, sell and convey the same in SAWSC and form as aforesaid, sod that the sane
are free and clear from all former and other grants, bargains, sales, liens, taxes,
, encumbrances and restrictions of whatever kind or nature eoevar, except
general taxes for 1997 and subsequent years; except easements, rentrictiane,
covenants, conditions, reservations and rights of way ofrecord, if any;
25121.16 B-1 ,90 n_6'9 OD 415:1957 Oi:_,'p F_ 'lt 2 REP Got
Wrid ,,,.unto iU 1. S''kl Psnknms'n r+ ,k , Recorder 11.611
2528486 8-1586 P-76 01103,199? 01:19P PC I OF 2 REC DOC
Weld County CO 18 Saki fsukamato Clerk 0 Recorder 11.00 12.00
The grantor shall and will WARRANT AND FOREVER DEFEND the above-bargained premises
in the quiet and peaceable possession of the grantee, its successors and assigns, against
e ll and every person or persons lawfully claiming the-whole or any part thereof.
The singular pusher shall include the plural, the plural thy-singular, and the use of any
gender shall be applicable to all genders.
IN WITNESS WHEREOF, The grantor has executed this dei d on 4he da%let forth above.
Re-recorded to correct the r — t
r Be a AHdge BY: Jack Rldiidy as
of elosinq .
attorney in fact.
STATE OF COLORADO )
) se. The foregoing instrument was acknowledged before me
County of Weld Y this 8th day of January, INVO, by
Jack Eldridge aS attorney in fact fur 1997
Beeele Eldridge
My commission expires 10-17-98
Witness my hand and official seat.
.y rs it P 8 217:, %:row:.>�✓-_
^, NOTARY PUBLIC
MELINDA 1113 Tenth Avenue
No. 952. Rev. 3-85 BAE$$LER ' `l Greeley, COLORADO 80631
PO t:
4J OF..p\°4,
SKID, Inc. SEL12901 WE 2532336-1997.001
ESCROW NO. : 8038483
DATE January 06 1997
"EXHIBIT A"
LEGAL DESCRIPTION
The W1/2 of the E1/2; the NE1/4 of the NE1/4 lying South of the No. 2
Ditch; and the N1/2 of the SE1/4 of the NE1/4, all in Section 23,
Township 6 North, Range 66 West of the 6th P.M., County of Weld, State of
Colorado.
EXCEPTING THEREFROM parcels of land conveyed to Weld County by deed
recorded January 17, 1955 in Book 1409 at Page 242.
ALSO EXCEPTING THEREFROM the following described parcel:
That portion of said WS/2 of the NE1/4 described as follows:
Commencing at a point on the East line of the W1/2 of the NE1/4 27 chains
South of the North line of said Quarter and running North 22 degrees
West, 20 chains to a stake;
thence North 13 degrees West 8 chains and 58 links to the North line of
said described land;
thence East along the North line of said described land to a point 1845
feet West of the Northeast corner of said Section;
thence South 7 degrees 40 minutes East 400 feet;
thence South 31 degrees East 400 feet;
thence South 11 degrees East 600 feet;
thence South 27 degrees East 300 feet to the East line of said W1/2 of
the NE1/4 of said Section;
thence South along the East line of the W1/2 of the NE1/4 to the original
point of beginning.
of
SKLD, Inc. SKL12901 WE 2532336-1997.002
WARRANTY DEED
THIS DEED, Made this 8th day of January, 1996 between
Bessie Eldridge
of the County of Weld and State of Colorado, grantor, and Monfort, In_., • Delaware
Corporation
a corporation organized and existing under and by virtue of the lava of the State of
COLORADO, grantee,
whose legal addreae is P.O. Box (3, Greeley, Co 80632-0350
NITNESEETn, That the grantor, for end in conaideretLoa of the ors of ONE HUNDRED
THIRTY TBOUEAND AND 00/100, ($110,000.00) DOLLARS, the receipt and sufficiency of which is hereby acknowledged, has grouted, bargained, sold and conveyed, and by these��✓ presents does grant, bargain, sell, convoy and confirm, unto the grantee, its
successors and ensigns forever, ell the real property together with improvements, if
any
, situate,lying and being to the County of Weld and State of Colorado, described
IVY., es follows,
K1\\ u SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF
"
also known by street and number as vacant, Greeley, Colorado $0631
TOGETHER with all and singular the bereditasenta and appurtenances thereunto
belonging, or in anywise appertaining end the reversion and reversions, remainder and
remainders, rants, issues and profits thereof, and all the estate, right, title,
Interest, claim and demand whatsoever of the grantor, either in law or equity, of, in
and to the above bargained premises, with the hereditament* and appurtenances.
TO HAVE AND TO BOLD the maid pr.eiso above bargained and described, with the
appurtenances, unto the grantee, its successors and assigns forever. And the grantor,
for himself, his heirs and personal representatives, does covenant, grant, bargain,
DO agree to and with the grantee, its successors and assign*, that at the time of the
ensealing and delivery of these presents, he is ell @sired of the premises above
conveyed, ham good, sure, perfect, absolute and indefeasible estate of inheritance,law, in fee simple, and has good right, full power and lawful authority to grant, r bargain, sell and convey the same in manner and fore as aforesaid, and that the
Cr.
mama
free and clear from all former and other grants, bargains, sale., liens, taxes,
, encumbrances and restrictions of whatever kind or nature Keever, except
general taxes for 1997 and eubeequent years; except easements, restrictiono,
covenants, conditions, reservations and rights of way of record, if any;
252N4d1 B-1tSt P ]h JI 0 l ) 1).19P P: I Jr 2 NEC' IX)C
L'eld C_lDty CO ? S'ik1 T k.mr¢, C 1. 'k F. Aecarde, 11.00 13.00
The grantor shall and will WARRANT AND FOREVER DEPEND the above-bargained p
is the quiet and peaceable possession of the grantee, its successors and aasxgne, against
all and every person or persona lawfully claiming the whole o any_part thecwf.The singular number *hall include the plural, the plural th .sinqu liT, and the use of any
gender shall be applicable to all genders. -
IN WITNESS WHEREOF, The grantor has executed thin dyed on the date/est forth above.
Dees} ,.' Gerdgc Jack El riA..; ae
a-.o..n,y in fact.,
STATE OF COLORADO }
} an. The foregoing instrument was acknowledged before mw
County of Weld } thle 8th day of January, 1996, by
Jack Eldridge as attorney in fact for
Beanie Eldridge
My commission expires 10-17-98
WLtness my hand and official seal.
•
p�AOY P�'4h •-1. s• �. �..,�a7s..._�, —
NOTARY PUBLIC
MELINOA I 1113 Tenth Avenue
No. 952. Rev. 2-85 f Greeley, COLORADO 80631
1 BAESSLER
,
N' pot
F OF CO\�Q
•
SKLO, Inc. SKL12901 WE 2528486-1997.001
ESCROW NO. : 8038483
DATE January 06 1997
"EXHIBIT A"
LEGAL DESCRIPTION
The W1/2 of the E1/2; the NE1/4 of the NE1/4 lying South of the No. 2
Ditch; and the N1/2 of the SE1/4 of the NE1/4, all in Section 23,
Township 6 North, Range 66 West of the 6th P.M., County of Weld, State of
Colorado.
EXCEPTING THEREFROM parcels of land conveyed to Weld County by deed
recorded January 17, 1955 in Book 1409 at Page 242.
ALSO EXCEPTING THEREFROM the following described parcel:
That portion of said W1/2 of the NE1/4 described as follows:
commencing at a point on the East line of the W1/2 of the NE1/4 27 chains
South of the North line of said Quarter and running North 22 degrees
West, 20 chains to a stake;
thence North 13 degrees West 8 chains and 58 links to the North line of
said described land;
thence East along the North line of said described land to a point 1845
feet West of the Northeast corner of said Section;
thence South 7 degrees 40 minutes East 400 feet;
thence South 31 degrees East 400 feet;
thence South 11 degrees East 600 feet;
thence South 27 degrees East 300 feet to the East line of said W1/2 of
the NE1/4 of said Section;
thence South along the East line of the W1/2 of the NE1/4 to the original
point of beginning.
1529486 B-1:96 P4c GI 03 Ill- 01.19P Piu 2 OF 2
SKID, Inc. SKL12901 WE 2528486-1997.002
AR2080083 B 1138 REC 02080083 12/10/86 15:55 $3.00 1/001
F 0572 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
DEED OF DISTRIBUTION BY PERSONAL REPRESENTATIVE
THIS DEED is made by Bessie Eldridge, Personal Representative of the
Estate of Harvey P. Eldridge, a/k/a Harvey Eldridge, a/k/a Harvey Piper
Eldridge, Sr., deceased, Grantor, to Bessie Eldridge, Grantee, whose address
is 66932 Highway 392, Greeley, Colorado 80631.
WHEREAS, Grantor is the qualified Personal Representatives of said
Estate, Probate No. 83-PR-221, Division I, District Court in and for Weld
County, Colorado; and
WHEREAS, the Grantee is entitled to distribution of the hereafter
described real property;
THEREFORE, Grantor conveys, assigns,
Weld s , ra Colorado:transfers releases to the
Grantee the following real property
The West Half of the East Half (Wl/2 L'1/2), except four
(4) acres; the Northeast Quarter of the Northeast Quarter
(NE1/4 NE1/4) lying south of the Number 2 ditch; and the
North Half of the Southeast Quarter of the Northeast
Quarter (N1/2 SE1/4 NE1/4) ; all in Section twenty-three
(23), Township Six (6) North, Range Sixty-six (66) West of
the 6th P.M.
Executed this , .— day of ?: c—(1 . —, 1986.
/
Bessie Eldridge,
Personal Representative of the . state of
Harvey P. Eldridge,
a/k/a Harvey Eldridge, a/k/a
Harvey Piper Eldridge, Sr., deceased
•
.STATE OF COLORADO
ss.
COUNTY OF WELD
The foregoing instrinnent was subscribed and scorn to before me this 251-1.
1986 by Bessie Eldridge, Personal Representative of
day of N o v
the estate of Harvey P. Eldridge, a/k/a Harvey Eldridge, a/k/a Harvey Pifer
Eldridge, Sr. , deceased.
Witness my hand and official seal.
t-ca;mission expires:•
.-1'3o'SS g
�.a.'' r ttj .. NotanvPUbIie
t
r �
SKLD, Inc. SKL12901 WE 2080083-1996.001
.92
—o clock w m. DEC x`1956
Recorded at 3
Resection No. t':%42555 5f'R 5i'.un<4'. Recorder.
KNOT! ALL NEN BY TN.ESE PRESENTS, That
ALBERT E. SIRCHBY California
of the County of Contra Costa , and State of Nutmeat-Jo,
for toe consideration of other vainahle C0nsideret ions and( )100,00) - Collars,
In 'nand paid, hereby sell and convey to
HARVEY P. ELDRIDGE
of toe Coutty of Weld , and State of Colorado,
the felioving real p-roperty, situate in tea County of Weld
and State of Colorado, to-sit:
The host Half (vi ) of the Soutneest C,uarter (SE.Y)
of Section Twenty-three. (23) in Township Six (6) North,
Ha—.axe Sixty-six (66) West of the 6ta P.11. together
with eight (9) shares of the capital stock of The Hew
Ceche Ls Poudre Irrigating Company and eignt (9) shares
of the capital sten.< of The Cacne La Poudre Reservoir
Comps ny
) 1 /I
vdth all ita appurtenances, and mirror': the tithe to the sane, subject to taxed
Cot' the year of 1996.
:L
Signed and delivered this n' '1"/ or--5//' , A. D. 1956.
In the presence n4 �' Er� -,..
nlcc. ,_.:
a TE C2 'ii!111x3,11A
COIM`: CD Kitt. ) SS'
105aRn COSTA. h,✓
The foregoing instrument new aetronladged uufore me this.2 dayfr -('`'r
19 56 , nY ` Albert E. Birchby. 7 'v
:'ITIJESS my hand and off foist seal.
n� expires 7 . ,..
commission
u( rhi� r 1j / mac-cir v,
�ars
by per. f:. sore wooe or names, ar b/ per cCn5 -n rnp,s
rncaotce fflalet pap y - as ent - 1 fact teen Insect n e at person oso^ator; ,t-
9nrnuy-[n [oJ op pint a 'ry ov dcea,-'oton; Lr Oy officer of norrpera, stnn, than rnacrt n se o,
nffL:py o ee the nrootdcut or other officers of such norporatlon, ne;nlay' it-
--Statutory .1:knavledeement so 3easlun
SKLD, Ims 51OL12901 WE 1242556-1956.001
rIfr s CEC 3- 1959 agr,. a $4 , ;5y3
Recorded a -- -_o'<loc —If. .. _.
colon No. Record,
Know all Men by these Presents, That
WALTER F. M.CRRISON, JR.
Missouri
of the County of Jack son and Stale of Xt9EW',
for the consideration of other valuable considerations end One Thousand-Dollars.
ut hood pots, hereby sell and convey to
HARVEY P. ELDRIDGE
of the County of Weld and State of calurado,
the following roll prapnrty. s: as n t!, county of Weld
and State of Colorado, to-wit:
The Went Half (W*) of the Southeast ouarter (Sal.);
of Section Twenty-three (23) in Township Six (6) North,
Range Sixty-six (66) Wost of the 6th P. N. together
with sight (8) shares of the capital. stook of The New
Cache La Poudre Irrigating Ccnnoenv and eight (8) shares
' of the capital stock of The Cache Le Poudre Reservoir
Company
['-- Its
I -,'..' IT ttk '''ll ,i).,4
Y��4 a'Yl ..th.„,,
, r
'
r..,...f... .41.c. .rt,
.•.
nnl. au as apparh,mmes, .and warrant the lire to the same,subject to taxes for the year
of 1956.
Signed=Lid delivered this e levelath day of June A.D 1955.
lit Ile .enta oo of 5ito n—." ,f' ���Cr G l.ea_EAr,a
tiniter N'. :..DT :3
`.
VISSC Ri
>r xtE at. Z)tj5 51
�yy�� sa
!:..,mfr.'iarg in 0u J ,,
The foregoing instrument a xkaowlcdged before me this / day af.-,r'''''--/'
', r6 ,.hy Walter F. Morrison, Sr. .
WITNESS my hued dud nlfi<:II veal
My- o.. 'y.i,e,/,,,,.. 4,,/IT% /
/ / r,..
. No: ul..
t1 R". fl
1 1,t1 .4..1 P3344 4! pous, Rs sxccuier, st,orneyUrslact or othcrp H or ad bofferr of ',ft
on.rrr or , <, u prei dent or of Jer ell e.,of such corporal fM BI Y'nu o.y Askeswitdeemeftr.Seta,u tsil
WARRANTY DEED—Statutory Farm—McVay Priatery, Circlet'. Coiora4c,.
SEMI), Inc. SKL12901 WE 1242555-1956.001
' _...
i'' j DEC 3—1956 "i; + ,c r .a.r.1
Recorded al ... .i rloeas ....•.f
., 4•_y::r. P.SL0M
Rltepl,art .n •,a•. ,,;e .�.•.)•+ L ...... Recorder
Know All Men by These Presents, :hat MYRTLE E. GRAFL
WA:I ER 1 . ;;UftR_iCON, Jr., CL.1H'IE E. F3IRGi1D(,
CARR0LL. C. ELDRIDGE aid '.+1ARREN ELDRIDGE
of the County of Weld .and State of Co:orade.
far the cOtl.idcrtpOn of Other valuable coneideratio0is and One Thousand —Dollars
la hand paid,hereby sell..,d convey to _
HAB1IEY P. ELDRIDGE
of::tc Cu,:ltty of Wel.'i, aid Stale of C:lora.k.
the following real property,situate fn the County of Weld
and Slat:of Colorado,to-wit•
The West Hell '.•L) of to Southeast Quarter (3i4)
of Section Twenty—three :23; in Township Six (t;) North,
Range Sixty—six (66) :lest cC she tlth P. M. together
its ot.ght :'33 siaar Cue oP 2e capital stockoL' The .fete
Cacho La P-udre Irrigating Company and eight (3) .^.Farr r_s
• of ,he capital stock or 'pho Cache La rewire ReeorYolr
.. Company
with ull its appltr!e:tances, and .variant the ti:lc to the same,subject to taxes for the yell l'
of 1956.
Signed and do:irer..d tits 3rd .lay of Nay A. D. 1956
:LiC3hK�ieN.ICrfY-K •
/ •'1!_:.t . / • -•
i
LwC* i lC ly. c• ...�
STATE.OF COLORADO,
County of Weld. ss. —
Tio frregoing instrument was acknowledged h:fnre rue this 3rd d:.y of May
:356,N!../.. Warren Eldridge
!'i[TN,F.SS my hand and official seal. • /J
e Lt Ify;oniroiesinn expires April 16, 1960 �� r} , . /
1 ��" Notary Public.
•rl by natural person or errors hart ier, n'o- mvu- . U at per ro m xlii,,,l. .n.o: .,..low •ae .or.,.altar
neyia,loot, then nterl time at Hrnnrl a.tali:.tor. .tt. .r,''m•Lµ:u,,.. .s:.w.l, •,•' .,.n, ,.
,....e:nu d' a
on
.t y..<:r i .;lo,1.0.•y<'.thee
name of toe'.*Ms,Or .fliaert,a.Ur-y u.le+l n,•:,srr*racers e1 Owl,;u.pC.,rlsn•slosh.,•,-Ltawlt,r•leir.wt<ddme.,r.Sc.,.,,,1122.
�— _ -
WARRANTY DEED--Statutory Form—McVey Printery, Greeley, Colorado.
•
SFcLD, Inc. S!CL12901 WE 1242554-1956.001
rc0r1464. ;;x.532
Stabe of California ) SS.
County of Los Angeles )
The foregoing instrument was acknowledged before me this 7'1'
day of May, 1956, by Carroll C. Eldridge. ,
WITNESS my hand and official seal.
My commission expires
z
T::_r: ,_.n Notary I'ui Ito.
St. el! California i- —_ _. -
Cou nt7-atl_2.tra Cosca I
The fore;;o'_nr -I.CTt- e.st was acknowledged before me this
clay of Nay, 1995, by G1o37_ C�Birc'^by•
WITNESS my hand and official seal, - `
My comnissi on expires \-__
Stete of Now Scrsoy)
s.
County of Essex )
pi'-:0 c'199 for instrument was acknowledged before me this a10,4t-
dal >Pi`,cf4/ 1996. by Myrtle E. Graff.
(/ r:'s homy had official seal.
_29s. y ,rut i .c ..
VbTAYI P21222 C IF NCu 2220?
NV Yasrn2tign Eaves F2P.23,112:1
•
U9'2 F;d a g F. 1 0 0 0 95.£--230
- ._
O ,
�1
C:'
Ea 10. ��-
x C ' I ' I '
., 5 ! - S�f 9• � "t;
\ w J
1 < ' �
I ,A �'' ✓�d
1
rE) iI '1.tj e _A Tv{
SI¢D, Inc. SICI12901 WE 1242554-1956.002
AN 1919S00
STATE OP COLORADO )
1 ss, SUPPLEMENTAL AFFIDAVIT
COUNTY OF WELD )
IN THE MATTER OF TITLE TO REAL
PROPERTY IN JOINT TENANCY.
that s/he is of led age at Chas personal know edge of theein fact that Angle stales E.
Eldridge, a/k/a Angle Eldridge. is the same person as Angle Eldridge referred to
in the copy of the Death Certificate (attached hereto), certified to by Die Local
Registrar of Vital Statistics for the State of Colorado, District No. 238, on
January 19. 1983, and was at the lime of her death on April 29, 1956, the owner
in Joint tenancy with Ifarvey P. Eldridge of the following property situate In
Weld County, Colorado:
The West Half of the Northeast Quarter (WI/2NE1/4)
of Section Twenty-three (23), Township Six (6) North,
Range Sixty-six (86) West of the 6th P.M., Weld
County, Colorado.
and that Affiant has no record Interest In said real property.
- -�/- -4', re., , -.
SUBSCRIBED AND SWORN to bob a me this „T '' day of
C �.w.r y , 19 f,, by 5._// `ziQ�.c-.t? .
Witness my hand and official seal.
My Commission Expires: MP[impinge Fawkes Ptak ty
Noyr P -lic = .,
Address: 7•67_2° - env v%'fe`C'b21t,.G
SKLD, Inc. SKL12901 WE 1919800-1983.001
E001(114_3 FA.IE164 Recorded t' _ t c�V. k.�AT.
t_i v)A'..' a :C. Reorder
'�7�' \ Recent on No - ....— 'c.: .
Zirt'S �k soil, Made rile— _ — — 23rd — — — — daC of May — m the
year u. opt Lord cone 1!ronsnnJ nose noiidrnl and forty-four - - - :coma
Angie E. Eldridge - _ -
i the Coder of ateld and State of Colorado ci the
first part.and- - Angie E. Eldridge and Harvey P. Eldridge-
of the r'coaly Pr ;Cold and Stain of Colorado. ci II-c
;e and Part:
SYITNESSETH-That ureanit} party di the first pan. Cot god in consideration pi the .orr of
One Safer and other good and valuable considerations R@# 'N.$
to the-.d'I Par of em egg anti!n Laurd pe.J Iry the said parting or the e rr1 part, the reedpr where.; 's
r}, o
her.at e me---W -purl ,,cnimo,Aldned, iu e „rooted, Inrgainay cold-nJ con _�ed.And by these pre,elite do en
crap:. aorealn, -ail, conret and confirm (iglu the said parties of the second pert, to pass not in Imranc; conunoir
bus in born: tenancy die-stir, er fir 0 e..t.tvrr as.igns end tie hirs and ascdgos oi goer'>ur.n ,all the ied-
I_v dr.ulLop lo: ,r parcel or hind. :Purge. Ins , Ind Lung r r tees
Cnanr - ro_d t ty- c ! .
'rho :e 'Test Hall (A,) of the Northeast daintier (NE'') of Suction ?sooty-throenn(33)�,in
Townshiv 6 North, Range 66 ':Post Of the 6th P. P., excepting that part of the I7est
Half ;1f.-) of the uor:heast 2cnyter (1E,-) being in the Northeast portion thereof and
ccaststran of 13.5 acres described In deal recorded in ?cot: ld -^.t Fare 366 on' the
records of said County, together agar. J shares of the capital stock of The Hew Cacao
is Tenths irrigating Co., and 6 snare.] on the capital scoot. of The Cacho in Poudro
Reservoir Company.
TOGETHER r 1,i ots .. I -L1 c, itcrcrprio r,Jar _
u J 1 e tlar nJ rJ dr the e.. Rl r.t. tide clorn ae'I t tl - lafa el all v u th I,r. Ilea
efunry, of. pi add tire to 'I tl 1 atilt pp . .fir .
TO IAY6 AND TO r1OLJ rhe Inc] e.dhow: , described ...ti -.e ill a
setter -.tr Ilre tiro e n a-slot .,
e, tip
crud la and ii2 aidl I' .Iv .. 1 u t t w,
..Iggyirf nung or do. cirtaling alit, IICP,Prillartl e
one In
L latL. PI its , .fist hog rah., rpidrII ter J.\ 1.101Qtli, i0
II ,II ,fir . tint , t,l rier '.I' a and all s end
en •nest r.
(The actual consideration for this conveyance is lass than 4100.00)
and rhu aburc praniscs in Ike guiol and phi: cable nos. < on the sal,] partre, - lire tie un.l Part_ 0',c
of oho re and die heirs d - 4:Ill And every verso r per
Ih.claiming- o la-n c whole a part ice _id ions y he firs: part shell and spill
\\'ARRANT AND foREVlllc DEFEND.
IF WITNESS itrH6itE01', the mid Parry or die fir_t -ore Ina hereunto set her brad „id
surd the day and year rat aloes mitt,
Signed ie fi nd Deli er � Ole Rsc,
te_f+
n n g ��_/ i
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WARRANTY DEED—To Joint Tenants /
San, Inc, SKL12901 WE 945295-1944.001
Submit by Email
Weld County Referral
January 26, 2015
The Weld County Department of Planning Services has received the following item for review.
Applicant: CB KEIRNES LAND CO LLC Case Number: RECX15-0012
Please Reply By: February 23, 2015 Planner: Chris Gathman
Project: Four-Lot Recorded Exemption.
Location: Approximately 950 feet south of Highway 392 and 1/2 mile east of County Road 33.
Parcel Number: 080523400026-R4489306 Legal: PT W2E2 SECTION 23, T6N, R66W LOT D AMD
REC EXEMPT AMRE-3868 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.
nWe have reviewed the request and find that it does/does not comply with our Comprehensive
Plan because:
✓ We have reviewed the request and find no conflicts with our interests.
See attached letter
Signature BPascoe Date 01/26/2015
Agency Zoning Compliance
Weld County Planning Dept 1555 N 17th Ave. Greeley CO 80631 (9701353-6100 ext 3540 (970)304-6498 fax
Memorandum
1� TO: Chris Gathman, W.C. Planning
U NT I DATE: February 20, 2015
FROM: Lauren Light, W.C. Department of Public
Health and Environment
CASE NO.: RECX15-0012 NAME: Keirnes Land
Environmental Health Services has reviewed this proposal to exempt 3 lots off of a 129
acre parcel. Proposed lots A and B will consist of 2.9 acres each, proposed lot C will
consist of 2.6 acres and proposed lot D will consist 120.6 acres. All 4 lots are vacant.
New individual sewage disposal systems and individual taps from North Weld County
Water District will be installed when residences are constructed.
The Environmental Health Services Division recommends the following:
Prior to construction:
A Weld County Septic Permit is required for the proposed home septic systems
and shall be installed according to the Weld County On-site Wastewater
Treatment System Regulations.
Submit by Email
Weld County Referral
GG I_.• - .
January 26, 2015
The Weld County Department of Planning Services has received the following item for review:
Applicant: CB KEIRNES LAND CO LLC Case Number: RECX15-0012
Please Reply By: February 23, 2015 Planner: Chris Gathman
Project: Four-Lot Recorded Exemption.
Location: Approximately 950 feet south of Highway 392 and 1/2 mile east of County Road 33.
Parcel Number: 080523400026-R4489306 Legal. PT W2E2 SECTION 23, T6N, R66W LOT D AMD
REC EXEMPT AMRE-3868 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.
nWe 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 Alan Caldwell Date 01/30/15
Agency Weld County Sheriffs Office
Weld County Planning Dept. 1555 N 17th Ave.Greeley CO 80631 (9701 353-6100 ext 3540 (9701 304-6498 fax
MEMORANDUM
861_+
u' ,� titi k 1 TO. Chris Gathman, Planning Services DATE: 4/17/2015
sit L.i7k
, O ; �; T Y FROM: Jennifer Petrik, PE, Development Review Engineer
r �
SUBJECT: RECX15-0012 CB Keirnes Land
The Weld County Engineering Development Review has reviewed this proposal. Staff comments made
during this phase of the process may not be all-inclusive, as other concerns or issues may arise during
the remaining application process. Issues of concern must be resolved with the appropriate departments.
Our comments and requirements are as follows:
COMMENTS:
This project is south of and adjacent to SI I392, west of CR35, parcel # 080523400026. Access is
from SI1392 on a shared internal access drive. Lot D of RFCX15-0012 has an existing access
driveway from CR66.
For shared accesses. Planning-Engineering strongly recommends that 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.
A Weld County Access Permit is required for access onto CR66. 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
http://www.co.weld.co.us/Departments/PublicWorks/Permits/Applications.html.) Chapter 6.
Sections 6.3, 6.4 and 6.5 of the Weld County Engineering and Construction Criteria, offer access
design guidance. (This document can be found at
ham://www.co.weld.co.us/Departments/Public Works/EngineeringandRightofWay/EngineeringCr
iteriaandPolicies.html) Existing access points with change of use or new access points may or
may not be granted. Questions pertaining to access permits or access design shall be directed to
the Public Works Department.
The Colorado Department of Transportation (CDOI) has jurisdiction over all accesses to the
state highways. Please contact Gloria Hice-Idler at the Greeley office (970-350-2148 or 970-
350-2163) to verify the access permit or for any additional requirements that may be needed.
(State Highway 392).
This area IS NOT in a Geologic I Iazard Area.
This area IS NOT in a Floodplain.
REQUIREMENTS:
A. The Colorado Department of Transportation (COOT) has jurisdiction over all
accesses to the state highways. Please contact CDOT to verify the access permit or
for any additional requirement that may he needed to obtain or upgrade the permit.
B. County Road 66 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 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 he dedicated. All setbacks shall be measured
from the edge of future right-of-way. This road is maintained by Weld County.
C. The plat shall be amended to delineate the following:
I. The applicant shall indicate specifically on the plat any right of way and/or
easements and indicate whether they arc dedicated. private, or deeded and label
with recorded document, hook and page and/or reception number.
2. The Colorado Department of Transportation (CDOT) has jurisdiction over all
accesses to state highways. Show the approved CDOT accesses on the plat and
label with access permit number if applicable.
3. Show the approved Weld County access(es) on the plat and label with the
approved access permit number (will he provided).
D. Add the following notes to the Plat:
I. Should noxious weeds exist on the property, or become established as a result of
the proposed development, the applicant/landowner shall be responsible for
controlling the noxious weeds. pursuant to Chapter 15, Articles I and II. of the
Weld County Code.
2. The historical flow patterns and runoff amounts will be maintained on the site.
211 1"Street
Eaton,CO 0615
(970)45434402 Eaton School District
(970)454-5193 Fax RE-2
TraisnittS
To: Chris Gathman—Weld County From: Tim Unrein
Department of Planning Services
Fax: (970) 304-6498 Pages: 3
Phone: (970) 353-6100 Date: 3/24/2015
Re: Weld County Referral Response CC:
❑ Urgent R7 For Review ❑ Please Comment ❑Please Reply O Please Recycle
Attached please find our response to the referral for CB Keirnes Land Co. LLC RECX15-0012.
Please let me know if you have any questions.
Submit by Email
s 1ser.�a Weld County Referral
r I.
Cr5vR,Ys y
I
January 26, 2015
The Weld County Department of Planning Services has received the following item for review:
Applicant: CB KEIRNES LAND CO LLC Case Number: RECX15-0012
Please Reply By: February 23, 2015 Planner: Chris Gathman
Project: Four-Lot Recorded Exemption.
Location: Approximately 950 feet south of Highway 392 and 1/2 mile east of County Road 33.
Parcel Number: 080523400026-R4489306 Legal: PT W252 SECTION 23, T6N, R66W LOT D AMD
REC EXEMPT AMRE-3868 of the 6th P.M.,Weld County, Colorado.
The applcation 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.
nWe have reviewed the request and find that it does/does not comply with our Comprehensive
Plan because:__
' I We have reviewed the request and find no conflicts with our interests.
��V I/ See attached letter
Signature
\•.-4 \., lA,. ._ - ra Sys. Sust, Date 31c]yit
Agency A-TO 0-3 S ca.<oov_ ‘4j a�aAG ('i L-Z
Weld Comity Planning Oust. 1555 NI 1701 Ave.Greeley.CO.80631 (3/0)353-6100 ext.3540 (9/0)304-6498 fax
EATON SCHOOL DISTRICT RE-2
Dr.Randy L. Miller 211 1st Street
Superintendent Eaton,Colorado 80615
(970)454-3402
(970)454.5193 Fax
March 24, 2015
Chris Gathman
Weld County Planning Department
1555 N 17th Avenue
Greeley, CO 80631
RE: CB Keirnes Land Co LLC
Weld County Referral RECX15-0012
Chris Gathman:
We have reviewed the above applicant's request. The Eaton School District has
a process in place addressing growth within the District.
The School District has adopted a methodology to determine a cash-in-lieu
payment for residential development within the District in order to provide
adequate educational opportunities as a result of that development.
The cash-in-lieu payment per dwelling lot is $1,798 for a total of $5,394 for this
recorded exemption. Payment should be hand delivered or mailed to Eaton
School District, 211 1st Street, Eaton, Colorado 80615. A receipt will be mailed
to the applicant and a copy to the Weld County Planning Department.
Please contact me if you have any questions.
Sincerely.
1J1-41\ Mme_
Timothy Unrein
Assistant Superintendent Business Services
Eaton School District RE-2
Enc.
Date Paid
Amount
Check #
Received By
Submit by Email
Weld County Referral •
:1. ..LccuNT
� .ii
January 26, 2015
The Weld County Department of Planning Services has received the following item for review:
Applicant:CB KEIRNES LAND CO LLD Case Number: RECX15-0012
Please Reply By: February 23, 2015 Planner: Chris Gathman
Project: Four-Lot Recorded Exemption.
Location:Approximately 950 feet south of Highway 392 and 1/2 mile east of County Road 33.
Parcel Number: 080523400026-R4489306 Legal: PT W2E2 SECTION 23,T6N, R66W LOT D AMD
REC EXEMPT AMRE-3868 of the 6th P.M.,Weld County, Colorado.
The application is submitted to you for review and recommendation. Any comments or
recommendation you consider relevant to this request would be appreciated. Please reply by the
above listed date so that we may give full consideration to your recommendation. Any response not
received before or on this date may be deemed to be a positive response to the Department of Planning
Services. If you have any further questions regarding the application, please call the Planner
associated with the request. Please note that new information may be added to applications
under review during the review process. If you desire to examine or obtain this additional
information, please call the Department of Planning Services.
We have reviewed the request and find that it does!does not comply with our Comprehensive -
Plan because.
R We have reviewed the request and find no conflicts with our interests
See attached letter.
Signature ,V_ Date 2/18/2015 •
Agency City of Greeley
Weld Count,/Plant-leg Dept 1555 N t]tn Ave.Greeley.CO 5063: ;970;353-e'00 exi.3540 9701154-e/198 Ox
Project Review Comments Date: 2/11/2015
C �•��1�v Project Name: WCR 7:15 (RECX15-0012)
Location: Approximately 950 feet south of Highway
392 and 1/2 mile east of County Road 33
Reviewed By: Caleb Jackson Phone: (970) 350-9823
Department: Community Development / Planning
Submittal: 1/28/2015 Submittal #: 1
Case #: WCR 7: 15
All code sections are from the Greeley Development (ode and from the City of Greeley Design
Criteria and Construction Specifications. Volumes I, II. &- 1//. Sections of the Code or
Construction Specifications are shown in brackets as part of the review comments below.
For additional information on the Ciiv ('ode or the Design Criteria, see the City of Greeley web
site at the following location:
Planning: http://www.colocode.com/greeleypdfl8.html
Engineering: http://greeleygov.com/services/design-criteria-and-construction-specfcations
General
Advisory. 'Be subject property is located within the City ofGreeley's Long Range
Expected Growth Area (I.REGA). The LREGA is the range in which the community
anticipates development occurring within the coming 20+ years. Particular care in site
design is imperative to increase compatibility with the urbanizing nature of this area.
Page/of 2
Project Review Comments Date: 02/11/2015
C71'CCI A Project Name: WCR 7:15 (RECX15-001?)
Location: Approximately 950 feet south of Highway
392 and 1/2 mile east of County Road 33
Reviewed By: Eva Rojas Phone: (970) 336-4137
Department: Community Development / Engineering
Submittal: 1/28/2015 Submittal #: 1
Case #: WCR 7:15
All code .sections are from the Greeley Development Code and from the City of Greeley Design
Criteria and Construction Specifications. Volumes I. 11, & III. Sections of the Code or
Construction Specifications are shown in brackets as part of the review comments helow.
For additional information on the City Code or the Design Criteria. see the City of Greeley web
site at the following location:
Planning: http://www.colocode.com/greeleypdfl8.html
Engineering: http://greeleygov.com/serviees/design-criteria-and-construction-spec ications
Provide written responses to the comments below.
General
Engineering Development Review has no concerns with this development.
Page oft
From: Hice-Idler.Gloria
To: Chris Gathman
Cc: Dilobran-CDOT Timothy
Subject: Re: RECX15-0012(4-lot RE)any comments?
Date: Monday, March 23, 2015 9:1003 AM
Sorry for not responding before now. Here are my comments.
1. Projected ROW need on SH 392 is 90' either side of the highway centerline.
2. A new access permit will be required since additional lots are being added. Please note that given
the small number of lots, adding even one additional lot would trigger the need for a new permit.
3. No increase to drainage to the state system is allowed beyond historical rates.
4. Should access to the county/city street system ever become available, the access to State Highway
392 will need to be re-evaluated and could be closed, restricted, or relocated.
If you have any questions, please contact me.
Gloria Hice-Idler
Region 4 Permits Manager
Region 4 Permits Unit - Traffic
B
P 970.350.2148 I C 970.381 .2475 I F 970.350.2198
1420 2nd Street, Greeley, CO 80631
gloria.hice-idler®state.co.us I www.coloradodot.info I www.cotrio.orq
8 B
On Sat, Mar 21, 2015 at 1:32 PM, Chris Gathman <cgathman(a�co.weld.co.us>
wrote:
We are taking this recorded exemption before the Board of County Commissioners
on March 30th. Just checking to see if you have any comments as this accesses
onto State Highway 392.
Thanks,
Chris Gathman
Planner III
Weld County Department of Planning Services
1555 N. 17th Avenue, Greeley CO. 80631
Ph: (9701353-6100 ext. 3537
Fax: (970)304-6498
IMIll
1 :
Confidentiality Notice: This electronic transmission and any attached documents or
other writings are intended only for the person or entity to which it is addressed
and may contain information that is privileged, confidential or otherwise protected
from disclosure. If you have received this communication in error, please
immediately notify sender by return e-mail and destroy the communication. Any
disclosure, copying, distribution or the taking of any action concerning the
contents of this communication or any attachments by anyone other than the
named recipient is strictly prohibited.
EXHIBIT
I _Ka 4/20/2015
• CASE NUMBER : RECX15-OO12
• APPLICANT: CB Keirnes Land CO, LLC
• REQUEST: 4- Lot Recorded Exemption
• LEGAL DESC : Lot D of Amended
Recorded Exemption AMRE-3868
• LOCATION : Approx . 950 feet south of State
Highway 392 and 0 . 5 mile east of County Road
33
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EXHIBIT
Esther Gesick I do
From: Bob Choate
Sent: Monday, April 20, 2015 10: 53 AM
To: Chris Gathman; Barbara Kirkmeyer; Sean Conway; Cozad, Julie; Mike Freeman; Esther
Gesick
Subject: RE: Covenants
Home Occupations/Businesses are addressed in the covenants provided by Chris on page 16, paragraph "p".
Home Occupations/Businesses. The conduct of a home occupation or
business is prohibited unless the following requirements are met: home
occupations or businesses must be conducted inside the residence and not
occupy more than fifteen percent ( 15%) of the total floor area of the
residence. Home occupations or businesses must be conducted only by the
residents of said dwelling with no nonresidents employed at the residence.
No retail sales shall be conducted on the Lot or in public view. Home
occupations or businesses must be conducted within the scope of the zoning
ordinances of Weld County. Customer visits must be limited to an occasional
frequency. Customer parking must be in the driveway or immediately in
front of the residence. There shall be no evidence of a home occupation or
business from the outside of the residence.
Bob Choate
Assistant Weld County Attorney
1150 "O" Street; P.O. Box 758
Greeley, Colorado 80632
Tel : 970-336-7235
Fax : 970-352-0242
Email : bchoate@weldgov.com
STATEMENT OF CONFIDENTIALITY & DISCLAIMER: The information contained in this email message
is attorney privileged and confidential , intended only for the use of the individual or
entity named above . If the reader of this message is not the intended recipient , you are
hereby notified that any dissemination, distribution or copy of this email is strictly
prohibited . If you have received this email in error , please notify us immediately by
replying and delete the message . Thank you .
From : Chris Gathman
Sent: Monday, April 20, 2015 10:42 AM
To: Bob Choate; Barbara Kirkmeyer; Sean Conway; Cozad, Julie; Mike Freeman; Esther Gesick
Subject: Covenants
Attached are the covenants for RE-3868.
Chris Gathman
Planner Ill
Weld County Department of Planning Services
1555 N. 17th Avenue, Greeley CO. 80631
Ph : (970)353-6100 ext. 3537
Fax: (970)304-6498
1
EXHIBIT
Esther Gesick
From: Chris Gathman
Sent: Monday, April 20, 2015 10:42 AM
To: Bob Choate; Barbara Kirkmeyer; Sean Conway; Cozad, Julie; Mike Freeman; Esther Gesick
Subject: Covenants
Attachments: Covenants. pdf
Attached are the covenants for RE-3868.
Chris Gathman
Planner III
Weld County Department of Planning Services
1555 N. 17th Avenue, Greeley CO. 80631
Ph : (970)353-6100 ext. 3537
Fax: (970)304-6498
i 1
------ r
l- COON
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for
the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise
protected from disclosure. If you have received this communication in error, please immediately notify sender by return
e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the
contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited.
1
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DECLARATION
OF
COVENANTS, CONDITIONS, AND RESTRICTIONS
FOR
LOTS A AND B OF
RECORDED EXEMPTION NO. 0805-23-1-RE 3868
LOCATED IN WELD COUNTY, COLORADO
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TABLE OF CONTENTS
PREAMBLE 1
WITNESSETH 1
ARTICLE 1 - DEFINITIONS
1.1. Act 2
1.2. Architectural Design Standards 2
1.3. Builder 2
1.4. Clerk and Recorder 2
1.5. Declarant 2
1.6. Declaration 2
1.7. First Mortgage 2
1.8. First Mortgagee 2
1.9. Improvements 2
1.10. Lot 2
1.11. Member 2
1.12. Mortgage 2
1.13. Mortgagee 2
1.14. Notice 3
1.15. Owner 3
1.16. Parcel 3
1.17. Plat 3
1.18. Property 3
1.19. Related User 3
1.20. Successor Declarant 3
1.21. Supplemental Declaration 3
1.22. Supplemental Plat 3
1.23. Undefined Terms 3
1.24. Unit 3
ARTICLE 2 - PROPERTY SUBJECT TO THIS DECLARATION
AND ALLOCATION OF INTERESTS
2.1. Existing Property 4
ARTICLE 3 - EASEMENTS
3.1. Recorded Easements 4
3.2. Utility Easements 4
3.3. Use of Easement Area 4
3.4. Emergency Access Easement 4
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ARTICLE 4 — MAINTENANCE
4.1. Maintenance by Owners 4
ARTICLE 5-ARCHITECTURAL REVIEW
AND OTHER RESTRICTIONS
5.1. Power 5
5.2. Review 5
5.3. No Review 5
5.4. Plan Review Procedure 6
5.5. Notice of Completion 7
5.6. Remedies Upon Noncompliance 7
5.7. Authority to Hire, Assess Costs, and Raise Funds 8
5.8. Records 8
5.9. Restrictions on Use 8
5.10. Waivers; No Precedent 14
ARTICLE 6-DURATION OF COVENANTS
AND AMENDMENT
6.1. Term 14
6.2. Amendment 14
6.3. Execution of Amendments 14
6.4. Revocation 14
ARTICLE 7—WELD COUNTY'S RIGHT TO FARM
7.1. Rural Weld County 14
7.2. Agricultural Uses 15
7.3. Rural Services 15
7.4. Parental Supervision 15
ARTICLE 8-GENERAL PROVISIONS
8.1. Restriction on Declarant Powers 15
8.2. Enforcement 16
8.3. Registration of Mailing Address 16
8.4. No Representations or Warranties 16
8.5. Disclaimer Regarding Safety 16
8.6. Severability 16
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EXHIBIT A
LEGAL DESCRIPTION 18
EXHIBIT B
MINIMUM ARCHITECTURAL DESIGN STANDARDS 19
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DECLARATION OF
COVENANTS, CONDITIONS, AND RESTRICTIONS
FOR LOTS A AND B OF
RECORDED EXEMPTION NO. 0805-23-1-RE 3868
LOCATED IN WELD COUNTY, COLORADO
PREAMBLE
THIS DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS (the
"Declaration")is made on the date hereinafter set forth by ALTA, LLC, a Colorado limited liability
company, hereinafter referred to as "Declarant."
WITNESSETH :
WHEREAS,Declarant is the owner of a parcel of land located in the County of Weld,State
of Colorado, as described on Exhibit A attached hereto.
WHEREAS, this Declaration is executed pursuant to and in furtherance of a common and
general plan: (i) to protect and enhance the quality, value, desirability, and attractiveness of the
property subject to this Declaration;(ii)to provide for an easement across Lots A and B;and(iii)to
define certain duties,powers, and rights of Owners of Property subject to this Declaration.
NOW THEREFORE,Declarant for itself,its successors and assigns,hereby declares that all
property herein or hereafter made subject to this Declaration,in the manner hereinafter provided,and
each part thereof shall, from the date the same becomes subject to this Declaration,be owned,held,
transferred,conveyed,sold,leased,rented,hypothecated,encumbered,used,occupied,maintained,
altered, and improved subject to the covenants, conditions, restrictions, limitations, reservations,
exceptions, equitable servitudes, and other provisions set forth in this Declaration for the duration
thereof,all of which shall run with the title to such property and be binding upon all parties having
any right, title, or interest in said property or any part thereof and upon their heirs, personal
representatives,successors, and assigns and shall inure to the benefit of each party having any such
right, title, or interest in said property or any part thereof.
ARTICLE I -- DEFINITIONS
The following words when used in this Declaration, shall have the following meanings:
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1.1. Act shall mean and refer to the Colorado Common Interest Ownership Act found in
Title 38 of the Colorado Revised Statutes. Any reference in the Declaration to the Act or a section of
the Act shall refer to the Act as presently enacted or subsequently amended.
1.2. Architectural Design Standards shall mean design standards adopted by the
Declarant from time to time that govern the quality of workmanship,color of materials,harmony of
external design with existing structures, and location with respect to topography and finish grade
elevation and the master drainage plan and all other appearances of buildings and structures on Lots
A and B. The Minimum Architectural Design Standards are set forth in Exhibit B attached hereto.
1.3. Builder shall mean any person who acquires from Declarant one or more Lots for the
purpose of constructing thereon a building and selling such building, together with the Lot upon
which it is situated to any member of the general public.
1.4. Clerk and Recorder shall mean the office of the Clerk and Recorder in the County of
Weld, State of Colorado.
1.5. Declarant shall mean ALTA,LLC.
1.6. Declaration shall mean this Declaration and the Plat and amendments to the
foregoing.
1.7. First Mortgage shall mean any Mortgage that is not subject to any monetary lien or
encumbrance except liens for taxes or other liens that are given priority by statute.
1.8. First Mortgagee shall mean any person named as a Mortgagee or beneficiary in any
First Mortgage,or any successor to the interest of any such person under such First Mortgage.
1.9. Improvements shall mean and refer to all improvements now or hereafter constructed
including, without limitation, all buildings, exterior lighting, signs, benches, walks, driveways,
patios, decks, sheds,hot tubs,pools, landscaping(including pasture grass), fencing, irrigation and
drainage systems(including ditches and culverts),site grading,and parking areas within the Project.
1.10. Lot shall mean and refer to any numbered area of land designated for separate
ownership or occupancy as shown on the recorded Plat.
1.11. Member shall mean and refer to every person or entity that holds membership in the
Company.
1.12. Mortgage shall mean any mortgage, deed of trust or other document pledging any
Residential Unit or interest therein as security for payment of a debt or obligation.
1.13. Mortgagee shall mean any person named as a mortgagee or beneficiary in any
Mortgage,or any successor to the interest of any such person under such Mortgage.
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1.14. Notice shall mean and refer to written notice hand delivered or sent by prepaid United
States mail to the mailing address of a Lot Owner.
1.15. Owner shall mean any person,corporation,partnership,association,contract seller,or
other legal entity or any combination thereof,including Declarant,who owns the record fee simple
interest in a portion of one or more Lots. The term Owner shall include any grantee,transferee,heir,
successor, personal representative, executor, administrator, devisee, and assign of any Owner but
shall not refer to any Mortgagee as herein defined or other person or entity having an ownership
interest in any portion of a Lot merely as security for the performance of an obligation, unless such
Mortgagee has acquired title pursuant to foreclosure or any proceeding in lieu of foreclosure.
1.16. Parcel shall mean each platted, numbered, and recorded division of vacant land as
depicted on the Plat.
1.17. Plat shall mean that part of this Declaration that is a land survey Plat recorded in the
real estate records of Weld County, Colorado, depicting any portion of the Property subject to this
Declaration.
1.18. Property shall mean the real property described in Exhibit A.
1.19. Related User shall mean any member of the family of an Owner who resides with
such Owner, guests and invitees of an Owner, employees and agents of an Owner, and occupants,
tenants, and contract purchasers residing in a Unit.
1.20. Successor Declarant shall mean any person or entity to whom Declarant assigns any
or all of its rights, obligations, or interest as Declarant, as evidenced by an assignment or deed of
record executed by both Declarant and the transferee or assignee and recorded with the Clerk and
Recorder.
1.21. Supplemental Declaration shall mean an instrument which amends this Declaration.
1.22. Supplemental Plat shall mean a supplemental plat of the Project which depicts any
change in the Project through a Supplemental Declaration.
1.23. Undefined Terms. Each term not otherwise defined in this Declaration,including the
Plat, shall have the same meaning specified or used in the Act.
1.24. Unit shall mean a physical portion of the common interest community which is
designated for separate ownership or occupancy as shown on the recorded Plat. Unit shall not
include any Common Elements including outlots.
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ARTICLE 2—PROPERTY SUBJECT TO THIS DECLARATION
AND ALLOCATION OF INTERESTS
2.1. Existing Property. The real property which is and shall be held, transferred, sold,
conveyed,and occupied subject to this Declaration is located in Weld County,Colorado,and is more
particularly described on Exhibit A.
ARTICLE 3 — EASEMENTS
3.1. Recorded Easements. The Property shall be subject to all easements as shown on any
Plat, those of record,those provided in the Act(including easements for encroachment set forth in
Section 214 of the Act and an easement for maintenance of any such encroachment),and otherwise
as set forth in this Article.
3.2. Utility Easements. There is hereby created an easement as denoted on the Plat for
ingress and egress, installation,replacing,repairing and maintaining all utilities,including,but not
limited to water, sewer, gas,telephone, cable TV, electricity,drainage, and fences. Said easement
includes future utility services not presently available to the Units which reasonably may be required
in the future. By virtue of this easement, it shall be expressly permissible for the companies
providing utilities to erect and maintain the necessary equipment within such easement on any of the
Units.
3.3. Use of Easement Area. Within reserved easements,as shown on recorded Plats,or
herein reserved,there shall be no structure,tree or shrub planting, or any other material installation
which may damage or interfere with the installation or maintenance of utilities such as plumbed gas
or water lines, wired electrical, cable television, or telephone utility lines. A Lot Owner shall not
alter, inhibit, or change the direction of water flow in drainage channels established in said
easements or in any way that discharges drainage onto adjacent Lots.The easement area of each Lot
and all Improvements in it,including fences,shall be maintained continuously in good repair by the
Owner of said Lot,except for those Improvements for which a public utility shall be responsible.It
shall be the responsibility of the Lot Owner to notify with due speed the appropriate public utility of
any known flaws,defects, or damage to any utility Improvements on said Owners Lot.
3.4. Emergency Access Easement. A general easement is hereby granted to all police,
sheriff,fire protection,ambulance,and other similar emergency agencies or persons to enter upon the
Property in the proper performance of their duties.
ARTICLE 4— MAINTENANCE
4.1. Maintenance by Owners. Each Owner shall maintain and keep in repair his Lot,
landscaping, fencing and any structures or buildings thereon, including the fixtures thereof to the
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extent current repair shall be necessary in order to avoid damaging other Lots and to maintain a good
appearance for the Project.
ARTICLE 5 — ARCHITECTURAL REVIEW;
OTHER RESTRICTIONS
5.1. Power. The Declarant shall have the right and power to prohibit any activities
deemed unsafe, unsightly, unreasonably noisy or otherwise offensive to the senses and perceptible
from another Lot.
5.2. Review. No buildings,structures or other Improvements including fences,driveways,
parking areas, and landscaping (including pasture grass) shall be planted, installed, constructed,
modified, altered, repaired, or rebuilt, nor shall any other action be taken that alters the exterior
appearance of the Lot or Improvements, including lighting and color, unless first approved in
writing by the Declarant. The Declarant shall exercise reasonable judgment to the end that all
buildings, structures,modifications,alterations,or additions to the Lots conform to and harmonize
with existing surroundings and structures. The Declarant has the absolute right to deny any
requested landscaping, building envelope, buildings, structures, modifications, alterations, or
additions which the Declarant determines do not conform to and harmonize with existing
surroundings and structures.
5.3. No Review. Notwithstanding the foregoing, the following types of changes,
additions, or alterations do not require the approval of the Declarant:
5.3.1. Addition of plants to a Lot in accordance with a previously approved
Landscape Plan;
5.3.2. Modification to the interior of a residence when those modifications
do not unduly affect the outside appearance of the structure;
5.3.3. Repainting or restaining of the exterior of the residence in the original
color;
5.3.4. Repairs to a structure in accordance with previously approved plans
and specifications;
5.3.5. Reroofing with roofing materials of the same, or better, quality and
color as original material; and
5.3.6. Seasonal decorations if removed promptly(within fifteen (15) days
following the holiday).
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Although exempt from Declarant review, all work must proceed in accordance with all applicable
law, codes, and regulations and the provisions of this Declaration.
5.4. Plan Review Procedure. Prior to commencement of any onsite work,the Owner or
such Owner's designated representative (hereinafter referred to as "Applicant") must obtain the
written approval of the Declarant.
a. Plan Submittal. The Applicant must submit to the Declarant the following
minimum items (in addition to other items which the Declarant deems
necessary or advisable for it to act under the circumstances):
(i) Site plan—showing placement of all structures to be built or
remodeled;
(ii) Complete construction plans;
(iii) Specifications,including color schemes and material samples for the
building, addition or alteration; and
(iv) Payment in full of all anticipated costs as set forth below.
(v) Landscape plan including types and quantity of plants, including
grasses
b. Plan Approval. Upon receipt by the Declarant of all items set forth above,
the Declarant shall thereafter have thirty(30)days to furnish Applicant with
written notice of approval or rejection of the plans as submitted. The
approval may contain certain conditions including, but not limited to,
deadlines for the completion of the Improvements. If rejected,the Declarant
shall furnish a written explanation of the basis for its rejection and shall, if'
practical, furnish suggested modifications which would render the plans
acceptable,subject to resubmission for review and approval upon completion
of any such modifications. The Declarant may condition its approval upon
certain modifications being made to the plans,in which event such plans shall
be deemed approved only upon submission to the Declarant of one (1)
complete set of all revised plans fully incorporated and reflecting all such
required modifications.
c. Failure to Respond. If for any reason the Declarant has not responded to the
Applicant in writing within the thirty(30)day period as provided above,the
Applicant shall notify the Declarant of such failure in writing by certified
mail, return receipt requested. Thereafter, unless the Declarant furnishes
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written notice of approval or rejection as required above within fifteen(15)
days following receipt of said notice from the Applicant, the plans as
submitted shall be deemed approved. In the event the Declarant has notified
Applicant of the necessity of submitting additional documentation,the thirty
(30) day and fifteen (15) day periods set forth above shall not begin until
Applicant has submitted all required documentation.
d. Dispute of Action by Declarant. If an Owner disputes the rejection of the
Owner's application or the conditions placed upon the approval of the
Owner's Application and files a lawsuit related to said dispute,the Declarant
shall be entitled to recover all costs and attorneys' fees incurred in
connection with such suit unless a court determines the Declarant actions
were wanton and willful.
5.5. Notice of Completion. Upon completion of the construction, modification or
alteration of any Improvements,the Applicant shall furnish written notice to the Declarant of same.
Thereafter, the Declarant or its designee shall have the right to inspect the Improvements to assure
compliance with the approved plans and the Applicant shall cooperate with the Declarant or a
designee to arrange the inspection. If the Applicant fails or refuses to permit such inspection,or if
upon inspection it is determined that such Improvements do not comply with the approved plans,the
Declarant may furnish Applicant with written notice of noncompliance and exercise all remedies
permitted herein, at law or in equity.
5.6. Remedies Upon Noncompliance. The Declarant shall have the right to inspect the
work during and after the time the work is being performed. If at any time the Declarant determines
an Owner or Applicant is not in compliance with the Architectural Design Standards or approved
plans,including without limitation the failure to submit plans for approval prior to commencing any
onsite work,the Declarant shall furnish notice of noncompliance to the Owner. Upon such notice,
the Owner shall immediately cease all work other than is required to bring the Improvements into
compliance. If the Owner fails to immediately cease all such work, or fails to bring the
Improvements into such compliance within a reasonable period of time not exceeding thirty(30)
days,the Declarant and the shall have all rights and remedies available pursuant to this Declaration,
at law or in equity. Such rights and remedies include but are not limited to the following:
a. Injunctive Relief. The Declarant may seek appropriate injunctive relief in
order to compel the Owner to cease all work and bring the Improvements into
compliance or authorize the Declarant to undertake all steps and actions,on
the Owner's behalf and expense.
b. Damages,Costs, and Attorney Fees. The Declarant may recover from the
Owner all damages, costs, and attorney fees suffered or incurred in
connection with the existence or remedy of any Improvements not in
compliance with this Declaration, the Architectural Design Standards or
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approved plans,as applicable. Said damages,costs,and attorney fees shall be
a personal obligation of the Owner.
5.7. Authority to Hire,Assess Costs,and Raise Funds. The Declarant has the authority
to hire or retain such professionals or other persons as it deems necessary for the purposes described
herein. The Declarant shall also have the power to require the Owner submitting matters to it for ap-
proval to pay reasonably necessary costs of the submission prior to their review and as a necessary
condition thereof. Any excess funds shall be returned,but the submitting Owner shall remain liable
to pay any additional expense(s) if prepayment is insufficient.
5.8. Records. The Declarant shall maintain written records of all applications submitted
to it and all actions taken thereon for a period of five(5)years.
5.9. Restrictions on Use. The use and enjoyment of each Lot shall be subject to the
following restrictions:
a. Land Use. No Lot or portion thereof shall be used for any purpose other than
a Single Family residence. No group housing or board and care homes shall
be permitted.
b. No Further Subdivision. No Lot or any building shall be further subdivided
or separated into smaller Lots by any Owner, and no portion less than all of
any such Lot or building or any easement or other interest therein shall be
conveyed or transferred by an Owner, provided that this shall not prohibit
deeds of correction, deeds to resolve boundary line disputes, and similar
corrective instruments.
c. Nuisances. No noxious or offensive activity shall be carried on upon any
Lot,nor shall any thing be done thereon which may become an annoyance to
the neighborhood. No annoying light, sound, or odor shall be emitted from
any Lot onto any other Lot(s)which can be considered offensive or intrusive
to other Lot Owners or occupants.
d. Discharge of Weapons. No person shall discharge, fire, or shoot any gun,
pistol, crossbow, bow and arrow, slingshot, or other firearm or weapon
whatsoever, including BB guns and pellet guns, from or upon any Lot.
Notwithstanding the foregoing,the discharge of firearms or weapons by any
member of any law enforcement agency in the course of such member's
official duty shall not be deemed a violation of this provision.
e. Temporary Structures. No structures of a temporary character such as
trailers, mobile homes, tents, shacks, garages, barns, or other outbuildings
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shall be used on any Lot at any time as a residence either temporarily or
permanently.
f. Accessory Buildings. No accessory buildings, storage barns,or sheds shall
be constructed or moved onto any Lot without written consent of the
Declarant. Said structures shall not be unreasonably prohibited so long as full
consideration is given to architectural integration of materials, colors,
building size and proportion and placement on the property.
g. Offsite Built Homes. No building built off-site in a factory or construction
yard including a building on a permanent chassis with a HUD(United States
Department of Housing and Urban Development)label,commonly referred to
as a"Mobile Home", shall be permitted.
h. Signs. No sign of any kind shall be displayed to the public view on any Lot
except customary name and address signs and one (1) "For Sale" sign
advertising the Lot and Improvements for sale (not to exceed six (6) square
feet) and such other signs as specifically permitted by the Declarant.
Household Pets. Household pets such as dogs and cats, may be kept on a
Lot provided,and unless otherwise authorized by the Declarant,no more than
a total of four(4)such household Pets(of which no more than two (2) shall
be adult dogs)may be kept on any Lot. The offspring of an owner's pet shall
not be considered for purposes of the number restrictions until they are six(6)
months old. No such household pets may be kept, bred, or maintained for
any commercial purposes and the manner of keeping such animals shall not
be allowed to result in any unsanitary conditions or a nuisance or annoyance
to the occupants of other Lots. Household pets shall be properly housed and
penned or fenced in enclosures approved by the Declarant. Animals shall not
be permitted to roam onto other Lots. The Owners of a Lot shall be
responsible for any damage or injury caused by any animals owned or kept by
the Owners. Without limiting the foregoing, continuous and/or frequent
barking or howling by dogs is defined as a nuisance.
j. Livestock. A maximum of one (1) large animal per full acre shall be
permitted to be maintained on a lot. A"large animal"is defined as one(1)of
the following adult animals: one (1)cow, one (1) horse, one (1) sheep, one
(1) llama. No small animals shall be kept on a lot except with the prior
written approval of the Declarant. A "small animal" includes but is not
limited to goats, rabbits, chickens, ducks, geese, or other small poultry or
birds. Small animals shall be housed in adequate coops, hutches, or other
enclosures to protect them from predators. No swine may be kept on a Lot.
No large or small animals may be kept, bred, or maintained for any
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commercial purposes and the Lots shall not be used for feed yards, poultry
farms, horse boarding and/or breeding operations or other commercial or
industrial type uses. The manner of keeping large and/or small animals shall
not be allowed to result in any unsanitary conditions or a nuisance or
annoyance to the occupants of other Lots. Large and small animals shall be
properly housed and penned or fenced in enclosures approved by the
Declarant. Animals shall not be permitted to roam onto other Lots. The
Owners of a Lot shall be responsible for any damage or injury caused by any
animals owned or kept by the Owners. No part of any Property shall be over-
grazed, as determined by the Declarant. If invisible fencing is used, it must
be one hundred percent(100%)effective or replaced with fencing approved
by the Declarant within one (1) month's time after notification of
unacceptable containment. No occupant or Owner shall allow an excess
accumulation of manure on any Lot.
k. Garbage and Refuse Disposal. No Lot shall be used or maintained as a
dumping ground for rubbish,trash,or garbage.Trash,garbage,or other waste
shall not be kept except in sanitary and secure containers.All containers shall
be kept in a clean and sanitary condition and shall not be kept in public view
except during the scheduled day of pick up.
Storage of Materials. Storage of materials shall be done in accordance with
the following provisions:
(i) No occupant or Owner of any Lot shall store or permit to be stored or
to accumulate,upon any Lot,any debris,any piles of manure,piles of
dirt,machinery or equipment or any part thereof,old or rusted pieces
of metal, rubber or any type of junk, or other miscellaneous items
unless approved by the Declarant or concealed from public and
neighbor views within an enclosed structure.
(ii) Storage of building materials is permitted only to facilitate continuous
building projects in progress. Lot Owners shall supervise and assure
secure storage of all building materials during construction to prevent
damage to other structures or littering other Lots as a result of heavy
winds.
(iii) No tanks for the storage of gas, fuel,oil or other flammable materials
shall be erected, placed, or permitted above or below the surface of
any Lot without the express written consent of the Declarant. Any
firewood pile shall be screened and located within the confines of a
privacy fence approved by the Declarant.
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m. Hazardous Activities. No activities shall be conducted on any Lot which are
or might be unsafe or hazardous to any person or any property.No firearms
shall be discharged upon any Lot and no open fires shall be lighted or
permitted on any Lot except in a contained barbecue pit while attended and in
use for cooking purposes or within an interior approved fireplace.No burning
of trash, leaves, or other materials shall be allowed. The storage of any type
of explosive devices, compounds,chemicals,or materials is prohibited.
n. Motor Vehicles, Recreational Vehicles, Disabled Vehicles, Vehicle
Storage and Repair. No inoperable, unlicensed or junked motor vehicles,
trailers, boats, or other equipment shall be kept on any Lot. No more than
three (3) of the following may be parked on a Lot except in an enclosed
building: motor vehicles and motor cycles. No more than two (2) tractors
may be parked on a Lot except in an enclosed building. No more than a total
of one (1)motor home,horse trailer, camper,trailer, or recreational vehicle
may be parked on a Lot except in an enclosed building. No more than one(1)
boat may be parked on a Lot except in an enclosed building. A reasonable
number of pieces of farm equipment used to maintain the Lot may be kept on
a Lot. All of the above must be operable and,if applicable,properly licensed.
No tractor-trailers or semi-trucks may be parked on a Lot at anytime. Except
as set forth above nothing else shall be parked or stored on a Lot except in an
enclosed building unless specifically permitted by Rules and Regulations
adopted by the Declarant. No motor vehicles, motor cycles, motor homes,
campers,trailers,recreational vehicles,boats,tractors,and equipment shall be
stored or parked for more than 24-hours on any street Lot. No tractor-trailer
or semi-truck shall be allowed at any time on any Lot. Nothing contained
herein shall prevent the Owner or Owners of any Lot from storing any of said
vehicles(except tractor-trailers or semi-trucks) in a garage on their Lot. No
automotive repairs shall be done on any Lot which may be seen from the
view of adjacent properties. The restrictions set forth above shall not restrict
the parking of trucks or other commercial vehicles for a reasonable time upon
a Lot,which vehicles are necessary for the construction of a building on said
Lot.
o. Antennas. No exterior radio antennas,television antennas,or other antennas
may be erected unless approved in writing by the Declarant. Any facility for
the transmission or reception of audio or visual signals shall he kept and
maintained, to the extent reasonably possible, underground or within an
enclosed structure. Notwithstanding the foregoing, neither the restrictions
nor the requirements of this Section shall apply to those antennas(which may
include some satellite dishes and other devices)that are specifically covered
by the Telecommunications Act of 1996,as amended from time to time. As
to antennas which are specifically covered by the Telecommunications Act of
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1996, as amended, the Declarant shall be empowered to adopt rules and
regulations governing the types of antennas that are permissible hereunder,
and to the extent permitted by the Telecommunications Act of 1996, as
amended,establishing reasonable,non-discriminatory restrictions relating to
appearance, safety, location, and maintenance.
p. Home Occupations/Businesses. The conduct of a home occupation or
business is prohibited unless the following requirements are met: home
occupations or businesses must be conducted inside the residence and not
occupy more than fifteen percent (15%) of the total floor area of the
residence. Home occupations or businesses must be conducted only by the
residents of said dwelling with no nonresidents employed at the residence.
No retail sales shall be conducted on the Lot or in public view. Home
occupations or businesses must be conducted within the scope of the zoning
ordinances of Weld County. Customer visits must be limited to an occasional
frequency. Customer parking must be in the driveway or immediately in
front of the residence. There shall be no evidence of a home occupation or
business from the outside of the residence.
q. Clothes Lines and Dog Runs. No clothes lines shall be located on any Lot
and dog runs must first be approved by the Declarant.
r. Maintenance and Repair of Landscaping and Improvements:Except for
areas covered by buildings,driveways or parking areas,all land areas shall be
covered with plants or other ground cover,pursuant to a plan approved by the
Declarant. The landscaping shall be installed within six(6)months after the
issuance of a certificate of occupancy. Maintenance and repair of
landscaping and Improvements shall be subject to the following provisions:
(i) Each Owner shall provide prudent and regular exterior maintenance
of each Lot including painting, repairs and/or replacement of roofs,
gutters, downspouts, exterior building surfaces, trees, shrubs, grass
and other landscaping (including pasture grass), fences, walks,
driveways and other surfaces,and all other exterior Improvements to
maintain the visual attractiveness and value of the Lots. Lot Owners
shall not allow weeds or other unsightly vegetation on Lots to exceed
twelve inches in height. Owners must properly control noxious
weeds.
s. Non-Owner Occupants. All covenants,restrictions,rules,regulations,and
provisions of this Declaration shall be binding on non-Owner occupants
without exception. Property Owners who lease their property shall be
required to furnish to lessees copies of this Declaration along with a written
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lease referencing this Declaration;leasing or being absent from the property
shall not release property Owners from liabilities and responsibilities
described herein.
t. Water and Sewer. No individual water supply system or sewage disposal
system shall be permitted on any Lot unless it is in compliance with all state
and county health regulations and approved by the Weld County Department
of Public Health and Environment. All dwellings must attach to a public
water source. Leach fields must be designed by a licensed engineer. Space
for two septic systems must be reserved and maintained by each lot owner.
Activities such as permanent landscaping, structures, dirt mounds, animal
husbandry activities, or other activities that would interfere with the
construction,maintenance,or function of the absorption fields are expressly
prohibited in the absorption field sites.
u. No Violation of Law. Nothing shall be done or kept in or on any portion of
a Lot which would be in violation of any statute,rule,ordinance,regulation,
permit, or validly imposed requirement of any governmental body having
jurisdiction over the Lot.
v. Fencing. No fencing of any type shall be constructed by any Lot Owner on
any Lot within the Project without prior approval in writing by the Declarant.
w. Architectural Design Standards. The minimum Architectural Design
Standards for the Project are set forth in Exhibit B attached hereto and made
a part hereof. The Declarant has the power and authority to make additional
requirements for any residential construction or reconstruction within the
Project. The Declarant may modify or amend the Architectural Design
Standards so long as such modifications and amendments are consistent with
this Declaration. The Declarant may grant reasonable variances or
adjustments for any conditions and restrictions imposed in order to overcome
practical difficulties or prevent unnecessary hardships arising by reason of the
application of any such conditions and restrictions.
x. Underground Lines. All electric, television, telephone, and other lines
miming from any property line of a Lot to a residence or other structure shall
be placed underground.
y. Trash Burning. Trash, leaves, and other similar materials shall not be
burned within the Project.
z. Drainage. No Owner shall change the topography or drainage pattern of a
Lot including, not by limitation, any drainage easement areas, from the
topography or drainage pattern established by the Declarant unless such
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change is approved by the Declarant. Any Owner who in any way materially
modifies the topography or drainage pattern of a Lot without such consent
shall be liable for any and all damages stemming therefrom, and may be
required to return such topography or drainage patterns to their original state.
aa. Damage to Residence. If all or any portion of a residence is damaged or
destroyed by fire or other casualty,it shall be the duty of the Owner,with all
due diligence,to rebuild,repair,or reconstruct the residence in a manner that
will substantially restore it to its appearance and condition immediately prior
to the casualty.
5.10. Waivers;No Precedent. The approval or consent of the Declarant to any application
for architectural approval shall not be deemed to constitute a waiver of any right to withhold or deny
approval or consent by the Declarant,as to any application or other matters whatsoever as to which
approval or consent may subsequently or additionally be required. Nor shall any such approval or
consent be deemed to constitute a precedent as to any other matter.
ARTICLE 6 — DURATION OF COVENANTS
AND AMENDMENT
6.1. Term. The covenants and restrictions of this Declaration shall run with and bind the
land in perpetuity.
6.2. Amendment. Except in cases ofamendments that may be executed by the Declarant
or the Declarant under the Act,this Declaration,or any provision of it,may be amended only by vote
or agreement of Owners holding not less than seventy-five percent(75%)of the votes possible to be
cast under this Declaration.
6.3. Execution of Amendments. Any amendment must be executed by the Declarant and
recorded. Notwithstanding the foregoing, Declarant, acting alone, reserves to itself the right and
power to modify and amend this Declaration and the Plat to the fullest extent permitted under the Act
and this Declaration.
6.4. Revocation. This Declaration will not be revoked nor shall the common interest
community created hereby be terminated (except as provided above regarding total destruction
and/or total condemnation),without the consent of the Owners of all Lots subject to these covenants.
ARTICLE 7 — WELD COUNTY'S RIGHT TO FARM
7.1. Rural Weld County. Weld County is one of the most productive agricultural counties
in the United States,ranking fifth(5"')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.
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Persons moving into a rural area must recognize and accept there are drawbacks,including conflicts
with longstanding 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 area: 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.
7.2. Agricultural Uses. 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; and the use of pesticides and fertilizers in the fields, including the use of aerial
spraying. Ditches and reservoirs cannot simply be moved "out of the way" of residential
development without threatening the efficient delivery of irrigation to fields which is essential to
farm production. Section 35-3.5-102, Colorado Revised Statutes, 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.
7.3. Rural Services. Weld County covers a land area of over 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. Snow removal for roads within subdivisions are of
the lowest priority for public works or may be the private responsibility of the homeowners.
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.
7.4. Parental Supervision. Children 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 present real threats to children. Controlling
children's activities is important,not only for their safety,but also for the protection of the farmer's
livelihood. Parents are responsible for their children.
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ARTICLE 8 - GENERAL PROVISIONS
8.1. Restriction on Declarant Powers. Notwithstanding anything to the contrary herein,
no rights or powers reserved to Declarant hereunder shall exceed the time limitations or permissible
extent of such rights or powers as restricted under the Act. Any provision in this Declaration in
conflict with the requirements of the Act shall not be deemed to invalidate such provision as a whole
but shall be adjusted as is necessary to comply with the Act.
8.2. Enforcement. Except as otherwise provided in this Declaration,the Declarant,or any
Owner shall have the right to enforce,by a proceeding at law or in equity,all restrictions,conditions,
covenants, reservations, liens, and charges now or hereafter imposed by the provisions of this
Declaration. Failure by the Declarant, or by any Owner to enforce any restriction, condition,
covenant,reservation,lien,or charge now or hereafter imposed by the provisions of this Declaration
shall in no event be deemed a waiver of the right to do so thereafter.
8.3. Registration of Mailing Address. Each Owner and each security interest holder,
insurer,or guarantor of a security interest,shall register their mailing address with the Declarant. All
notices, demands, or other notices intended to be served upon the Declarant shall be sent by
registered or certified mail, postage prepaid, ALTA, LLC, c/o Brad Keimes, 3246 Grand View
Drive, Greeley, Colorado 80631, unless such address is changed.
8.4. No Representations or Warranties. No representations or warranties of any kind,
express or implied, shall be deemed to have been given or made by the Declarant or its agents and
employees,in connection with any portion of the community,or any Improvement,or their physical
condition,zoning,compliance with applicable laws, fitness for intended use,or in connection with
the subdivision,sale,operation,maintenance,cost of maintenance,taxes or regulation thereof,unless
and except as shall be specifically set forth in writing.
8.5. Disclaimer Regarding Safety. DECLARANT HEREBY DISCLAIMS ANY
OBLIGATION REGARDING THE SECURITY OF ANY PERSONS OR PROPERTY WITHIN THE
COMMUNITY. BY ACCEPTING A DEED TO PROPERTY WITHLN THE COMMUNITY, EACH
OWNER ACKNOWLEDGES THAT DECLARANT IS ONLY OBLIGATED TO DO THOSE ACTS
SPECIFICALLY ENUMERATED HEREIN, AND IS NOT OBLIGATED TO DO ANY OTHER ACTS
WITH RESPECT TO THE SAFETY OR PROTECTION OF PERSONS OR PROPERTY WITHIN THE
COMMUNITY. EACH OWNER ASSUMES FULL RESPONSIBILITY FOR THE SAFETY OF
FAMILY, FRIENDS, GUESTS, AND PETS AND AGREES TO INDEMNIFY AND HOLD
HARMLESS THE DECLARANT FROM ANY CLAIMS RELATED TO SAFETY OR
PROPERTY DAMAGE ISSUES OF ANY KIND.
8.6. Severability. Invalidation of any one of these covenants or restrictions by judgment
or court order shall in no way affect any other provisions which shall remain in full force and effect.
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DECLARANT:
ALTA, LLC
B
ad s, ger
STATE OF COLORADO )
)ss.
COUNTY OF WELD )
The foregoing instrument was acknowledged before me on thou 3 day of 6-y ,20O Shy C.
Bradlgy. , s as Manager of ALTA,LLC. 4�
W ITA�E my Hand and Official Seal. /v.--To My c y ssiod e ires: v`
Notary Public
A 1
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EXHIBIT A
TO
DECLARATION OF
COVENANTS, CONDITIONS AND RESTRICTIONS FOR
ALTA,LLC
LEGAL DESCRIPTION OF PROPERTY SUBJECT TO THIS DECLARATION
LOTS A AND B OF RECORDED EXEMPTION NO. 0805-23-I-RE 3868 as shown on the plat
recorded on February 14, 2005, at Reception No. 3260841 of the Real Estate Records of Weld
County, Colorado.
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EXHIBIT B
TO
DECLARATION OF
COVENANTS,CONDITIONS AND RESTRICTIONS FOR
LOTS A AND B OF RECORDED EXEMPTION NO.3868
MINIMUM ARCHITECTURAL DESIGN STANDARDS
Section 1. Architectural Styles. It is the intent of these guidelines to insure a high
quality, aesthetically pleasing neighborhood. The homes should have a diversity of architectural
styles and he compatible with the neighborhood as a whole. The Declarant shall have the
authority to deny any building plan for any reason including that the plan is not compatible with
the neighborhood for aesthetic or other reasons.
Section 2. Minimum Square Footage and Building Height. The ground floor finished
area of any residence, exclusive of open porches,patios and vehicle garages, shall not he less
than two thousand(2,000) square feet for a one-story residence. The total square footage
minimum for the main floor and upper floors of a multi-level residence shall not be less than two
thousand, five hundred (2,500) square feet. The maximum building height of any residence
constructed shall be thirty-five (35) feet measured from the top of the foundation to the crest of
the highest roof line(excluding chimneys, cupola).
Section 3. Roof Pitches. The roof pitch on any residence must be from-six-twelve
(6/12) to twelve-twelve (12/12).
Section 4. Standards Regarding Use of Exterior Materials. Exterior materials shall be
limited as follows:
a. Exterior materials must be approved by the Declarant.
b. The roofing material to be utilized upon buildings in the subdivision shall be
approved by the Declarant. No wood roofs or shingles shall be allowed.
c. Foundation walls shall not be exposed more than twelve(12) inches above grade.
d. All soffits on residences shall be a minimum of twelve(12)inches except that
where brick adjoins the soffit, the soffit shall be a minimum of eight(8) inches.
Section 5. Color of Exterior Materials. ALL EXTERIOR COLORS, INCLUDING ROOFING
COLORS, MUST BE APPROVED BY THE DECLARANT PRIOR TO CONSTRUCTION.
Section 6. Setbacks. All structures shall be constructed such as to meet the building
setbacks required by Weld County, Colorado. The building envelope for all structures must be
approved by the Declarant prior to the commencement of the construction of any structure.
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Section 7. Site Grading. Exterior grading shall be adequate for drainage away from the
buildings and adjacent buildings.
Section 8. Paved Areas. Hard-surfaced private driveways and parking areas are
preferred. If alternative materials are proposed,they must be submitted to and approved by the
Declarant prior to construction.
Section 9. Garages. Each residence must have an attached garage of not less than
twenty-two feet by twenty-two feet(22'x 22').
Section 10. Accessory Buildings. All accessory buildings,including color,size,height,
proportions,and location thereof as well as the building envelope for such accessory buildings
shall be subject to Declarant approval as set forth in the Declaration. The maximum size of the
buildings may not exceed the maximum size permitted by Weld County,Colorado.
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