HomeMy WebLinkAbout780808.tiff RESOLUTION
RE: APPROVAL OF RECORDED EXEMPTION NO. 307 - ERVIN AND KATHLEEN
FRANK.
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, it has been determined by the Board of County Com-
missioners of Weld County, Colorado, at a public hearing held on
the 20th day of March, 1978 , in the Chambers of the Board of
County Commissioners of Weld County, Colorado , that the division
into two parcels of a certain parcel of land, as shown on the plat
known as Recorded Exemption No. 307, being the property of Ervin
and Kathleen Frank, described as the NEa Section 7 , Township 4
North, Range 67 West of the 6th P.M. , Weld County, Colorado, being
more particularly described as follows ;
The NE4 of Section 7. Township 4 North. Ranae 67 West of the
6th P.M., Weld County, Colorado, excepting theref om that
certain parcel heretofore conveyed in Book 212 at page 187
of the Weld County records, and further excepting therefsom
that certain parcel heretofore conveyed in Book 1476 at page
96 of the Weld County records.
Said described parcel of land contains 158 acres, more or
less and is subject to any rights-of-way or other easements
as recorded by instruments of record or as now existing on
said described parcel of land.
does not come within the purview of the definition of the terms,
"subdivision" and "subdivided land" , pursuant to its authority
under Section 30-28-101 (10) (d) , CRS 1973 , as amended, and
WHEREAS , the Board of County Commissioners of Weld County,
Colorado, finds that this particular division of land is not within
the purposes of the Weld County Subdivision Regulations and the
Board desires to exempt this particular division of land from the
definition of "subdivision" and "subdivided land" pursuant to its
authority under Section 30-28-101 (10) (d) , CRS 1973, as amended, and
Section 2-lA(3) of the Weld County Subdivision Regulations.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commis-
sioners of Weld County, Colorado, that the hereinabove described
r-
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780808
parcel of land owned by Ervin and Kathleen Frank, be and hereby
is, exempt from the definition of the terms, "subdivision" and
"subdivided land" pursuant to its authority under Section 30-28-
101 (10) (d) , CRS 1973 , as amended, subject to a reservation to
the State of Colorado Department of Highways , a strip of land
35 feet in width and running in an East-West direction along the
north side of said property covered by Recorded Exemption 307 to
be used for State Highway purposes and further conditioned that
all drainage and sewage problems which are occuring in the borrow
pit located on the east side of said property and along County
Road 15 be corrected to the satisfaction of the Weld County Health
Department and the Weld County Engineer, and
Further conditioned upon the agreement by the applicant and
the purchaser that the irrigation and sprinkling of the lawn located
in Lot A for waters accumlating in the borrow pit along County Road
15 shall forthwith cease, and
The Board of County Commissioners of Weld County . Colorado
direct that this approval of Recorded Exemption 307 shall not take
effect nor shall said Recorded Exemption be recorded in the office
of the Clerk and Recorder of Weld County, Colorado until all con-
ditions set forth in this Resolution are met in full.
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 5th day of
April, A.D. , 1978.
BOARD OF COUNTY COMMISSIONERS
WELD COU,I TY, COLORADO
I \
A 1- 2-'
ATTEST: I
Weld County Clerk and Recorder
aid- lerk to the Boar - 6-ee-ruv _ ir, /Ec-
puty County
L'6
AP 2earal-lAST"MNItr-1,
Asst. County Attorney
Date Presented: April 10 , 1978
RECORDING DATA - MAPS & PLATS-
Recorded Exemption #1059-7-1-RE 307
NAME OF SUBDIVISION
Ervin D. Frank & Kathleen K. Frank
NAME OF SUBDIVIDER --
LOCATION OF SUBDIVISION NE1 of Section 7, T. 4 N. R. 67 W. of the Arh P TEL
iMAY 22 1978 BOOK 832 RECEPTION M 1'75424
DATE OF RECORDING '2 MARY ANN FEUERSTEIN
WELD COUNTY CLERK AN RECORDER
BY: v a
DEPUTY COUNTY, CLERK A RECORDER
L+I 1
4-10-78
Approval of RE #307 Ervin & Kathleen Frank
RECEIPT FOR CERTIFIED MAIL-305+ (plus postage) k,
SENT TO POSTMARK ill Ervin D. & Kathleen K. Frank OR DATE
STREET AND NO.
22915 Weld Co. Rd. #15
P.O., STATE AND ZIP CODE
Johnstown,C-J0 80534
OPTIONAL SERVICES FOR ADDITIONAL FEES _
CD RETURN 1. Shows to whom and date delivered 150
With delivery to addressee only 650
'Zr RECEIPT Shows ows to whom,date and where delivered 350 l
CO
SERVICES ' With delivery to addressee only 850
e DELIVER TO ADDRESSEE ONLY 500
Q - SPECIAL DELIVERY (extra fee required)
Z PS Form 3800 NO INSURANCE COVERAGE PROVIDED— (See other side)
Apr. 1971 NOT FOR INTERNATIONAL MAIL 2 CPO.1974 0-591-494 I
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DEPARTMENT OF PLANNING SERVICES of lit mileve+D PHONE (303) 356-4000 EXT. 400
915 10TH STREET
OGREELEY, COLORADO 80631
COLORADO
March 20 , 1978
Board of County Commissioners
Weld County, Colorado
915 - 10th Street
Greeley, Colorado 80631
RE: Recorded Exemption #307
Dear Commissioners:
The attached application, plat and related items are in reference to a
request by Ervin & Kathleen Frank for a recorded exemption. The parcel
of land in question is described as NE'* Section 7, T4N, R67W of the 6th
P.M. , Weld County , Colorado. The property contains 158. 000 acres of
Class II and III irrigated soils. The request is to split the property
into parcels of 7. 140 acres and 150. 860 acres. This property is located
a mile west of Johnstown .
This property is under a contract to sell to Ted Blehm. Mr . Blehm in
turn has a contract to sell the 7. 140 acre parcel to Robert and Sue
Emmon. Mr. Blehm is interested in the purchase of more farm ground
and not interested in the improvements associated with the farm which
are located on the 7. 140 acre parcel . Mr . Blehm' s farm is located ap-
proximately 4 miles from this property.
Based upon the information submitted and the adopted policies in the
County, the Department of Planning Services Staff recommends the request
be approved for the following reasons :
1 . The proposed split conforms with the intent clause of the Recorded
Exemption Procedure (Section 9-2 of the Weld County Subdivision Reg-
ulations) , the intent clause of the Agricultural District (Section
3. 3 A. of the Weld County Zoning Resolution) , and the Weld County
Comprehensive Plan since the use would be compatible with the sur-
rounding agricultural uses . Agriculture will continue to be the
predominant land use.
2. The Town of Johnstown Planning Commission has indicated they have no
objections to this request .
Board of County Commissioners
RE-307
Page 2
March 20 , 1978
3. The request complies with the provisions of Section 9-4(A) of the
Weld County Subdivision Regulations .
The Department of Planning Services Staff recommendation is conditional
upon the applicant correcting the problems identified by the Weld County
Engineering Department in their memo dated March 2 , 1978 . Secondly,
that the applicant protect an additional 35 feet on the south side of
State Highway 60 by reservation, setback, or dedication (preferably the
later) as requested by the State Department of Highways in a letter dated
March 6 , 1978.
Re ec• ful
T omas E. Honn
Zoning Administrator
TEH: kmh
rniiinarNi r PLANNING sr i;vicLs
PHONE 13031 3564000 E%T.400
C. 915 10TH STREET
G REEIE V, COLORADO 80631
COLORADO
February 28 , 1978
TO : John Hall , Director
Environmental Health Services
FROM: Department of Planning Services
SUBJECT: Recorded Exemption #307
Ervin & Kathleen Frank, NE4 Section 7, T4N, RG7W
The enclosed application is submitted for your evaluation
with reference to its compliance with County and State
Health Department Regulations . If additional information
is required for such evaluation , please notify our office
as soon as possible . In addition , we would request that
your office notify the Department of Planning Services of
any permits required by County and/or State Health Depart-
ment Regulations with reference to the proposed use , so
that the applicant can be made aware of such requirements .
We would appreciate receiving your evaluation and comments
on the proposed use and/or facilities on or before
March 13 . 1978 so that we can address , and hope-
fully resolve , any problems prior to consideration of the
case by the Board of County Commissioners on March 20 . 1978 •
Thank you very much for your efforts in this matter .
•
eg. UI I'AN IMI NI HI HI /INNING SITheik
NVICL5 WI 1 DPHONE (3031 356-4000 EXT. 400
C. COLORADO STREET
G HEE LE V, 80631
COLORADO
February 28 , 1978
TO WHOM IT MAY CONCERN:
Enclosed is an application from Ervin & Kathleen Frank
for a Recorded Exemption . This item will be
heard before the Board of County Commissioners on March
20, 1978 . If you have any comments or suggestions , may we
please hear from you before March 13 , 1978 . The location
of the parcel of land for which this application has been
submitted is NEq Section 7, T4N, R67W of the 6th P.M.
Thank you.0...R.A..keLaS+I
/kmh
Enclosures
Sous MAP Nic 4 cscT 7 7"4 N e 671")
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To Weld Co. Planning Commission 2-20-78
Re : Attached request for a recorded excemption.
Kathy & Ervin Frank as the titled owners of the property are making
the application for the exemption.
The property is under a contract to sell to Ted Blehm of Rt. 1,
Milliken, Colorado. Mr Blehm in turn has a contract to sell the
7.110 acres to Robert and Sue Emmons of rural route, Loveland.
Mr. Blehm is interest in the purchase of more farm ground and not
interested in the improvements associated with the farm. Blehm's farm
is located anproxima.tely 4 miles from the new farm. Frank and Blehm
are going to close the sale d' the farm on or about 3-1-78.
Very truly,
. 3 / ' '+. ter•. t� Vi, -7,4;' 1
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A. . LICATION FOR RECORDED EXE, [ION
Weld County Planning Commission-353-2212 , Services Building , Greeley , Colo .
FOR PLANNING DEPT . USE ONLY :
LAND CODE : CASE NO :
T : S : 1 /4 : DATE : -a7 -:.)b' --
LEGAL DESC . APPR : APPL . FEE : . _
APP . CHECKED BY : . RECORDING FEE : --
DATE SENT TO BOARD : RECEIPT NO . : 27° "73-
DATED FILED & RECORDED :
TO BE COMPLETED BY APPLICANT : ( Print or type only except for required
signatures ) :
I (we ) , the undersigned hereby request that the following described prop-
erty be designated a recorded exemption by the Weld County Board of County
Commissioners : LEGAL DESCRIPTION :
Lot A, a tract of land located in the NE corner of the NE a of
Section 7, Township 4 North and Range 67 West approximately I Mile
West of Johnstown, Colorado. according tb the plat attached.
•
ACREAGE : LOT "A". 7.140+ Acres, ; LOT "B" 150.860 + . ;TOTAL. : 158;000+
HAS THIS PROPERTY BEEN DIVIDED FROM OR HAD DIVIDED FROM IT ANY OTHER PROP-
ERTY SINCE AUGUST 30, 1972? YES NO NO
FEE OWNERS OF PROPERTY :
22915 Weld Co. Rd 15
NAME : Ervin D and Kathleen K. Frank ADORESS,Tohnstown, Co 8053LP}LONE 587-587-21c
NAME: ADDRESS PHONE :
NAME : ADDRESS PHONE :
WATER SOURCE Domestic - Town of Johnstown, Irragation - Home Supply
TYPE OF SEWER Septic System
PROPOSED USE Residential _
I hereby depose and state under the penalities of perjury that all statement
proposals , and/or plans submitted with or contained within this application
are true and correct to the best of my knowledge .
COUNTY OF WELD ) X O \
L STATE OF COLORADO ) X Z � �� --' AJ
S n u e : w e r Authorized cent
�9 1 r
�1 /`tile'' 11 AI1) 77h�_%
Subscribed and sworn to before me this 17 h day o₹ Feh3'uary , 19 78
SEAL i -c .,7,2,--c-is
PUBLIL
9 - a02- f/
My commission expires :
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(9SVE2\`w
ROOK 4Korory a _. )/G c',.-... .1�..... w� _a�St u 9 i91[O
16,
757 r`7
Rat No. 9222 s �to Yank lr, Ra,y
1
' WARRANTY DEED IN JOINT TENANCY ^I'r
sn `
KNOW ALL MEN BY THESE PRESENTS, That BERNARD J. HUWA and ELSIE M.
tv
"'r HUWA, of the County of Weld and State of Colorado, for the consideration of Ten •
a
r• Dollars and other valuable nsiderations in hand paid, hereby sell and convey
rt •
to ERVIN D. FRANK and KATHLEEN K. FRANK, of the County of Weld and State of
•
r Colorado, to pass to the said Ervin D. Frank and Kathleen K. Frank, not in tenancy •
at in common but in joint tenancy, the survivor of them, their assigns, and the heirs
o ti
and assigns of such survivor, the following real estate and property, situate in the e
County of Weld and State of Colorado, to-wit; pale Docuracr•.r. F_e
�tAN 9 197E 4
0, The NE} of Section 7, Township 4 North, Range 67 Dale_�!�-. .l_.. —�
West of the 6th P.M., Weld County, Colorado,
excepting therefrom that certain parcel heretofore -- -—-
i conveyed in Book 212 at page 187 of the Weld County
records, and further excepting therefrom that certain
parcel heretofore conveyed in Book 1476 at page 96
, Ve of the Weld County records, together with all water,
water rights, ditches, ditch rights, reservoirs and
dry reservoir rights appertaining thereto or in any wise
�( used or utilized in connection therewith, and includ-
ing, but not limited to fifteen (15) shares of the
capital stock of The Home Supply Ditch and Reservoir
Company,
together with all its appurtenances, and warrant the title to the same, subject,
however, to the following:
(1) 1976 taxes due and payable in 1977;
(2) Inclusion of the property within the boundaries of the Northern Colorado
Water Conservancy District, the Jctnstown Fire Prot(ction District and the Big
Thompson Soil Conservation District, and any liens or assessments created by the
'nclusion within the boundaries of any of We above described districts;
(3) Rights of way or other easements as grant- ± or reserved by instruments
of record or as now existing on said prep.:_es;
(4) Any and all res r ., : ins 1 - r:,� c.r-e-ants, conditions and exceptions
contained in instruments at r cord which in my wa, relate to or h..-den the above des-
cribed premises, including that certain rest :at!: r tc R i :Vhr,yell in and to an
undivided one-half (z) interest in and to all oil, gas and other r. : erals and mineral
rights in, upon and under the above described premises as reserved by warranty deed
recorded under Reception No. 1459914 in Rook fW g the Veld County records, and
including that reservation to all .s ,bterr +r. r coil :.11 ,• of way and other grounds
necessary for mining and transportation tit •, h. it l�t�ii' I ;. na 6, 1687, recorded
October 27, 1887 In Book 69 at pagt ,l r ' • .,.•1•i ( ) :ctt cords;
(5) Reserving unto grantors s -to t,1 ,ctr est to and to
all oil, gas and other minerals an . .� r , + �• „ Phe hoe des-
cribed premises;
(6) Oil and gas le rse&. t . I „ tl : .it option No. 1549424 and
Reception No. 154942', vi tr• .I , , ,r.;s
Orte V" " ' . .. ,e-F*u t ., '.,, W:Gf
St AA
•
757 1679232
1 1
e •
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(7) Outstanding indebtedness due Ruth T. Whowell secured by deed of trust
recorded March 29, 1965 under Reception No. 1459914 in Book 538 of the Weld
County records, and outstanding indebtedness due Lawrence C. Jeffers and Gladys
Jeffers secured by deed of trust recorded January 7, 1974 under Reception No.
1627890 in Book 706 of the Weld County records, which the grantors hereinabove
described agree to pay in accordance with the terms and provisions therein
provided for.
Signed and delivered this 30th day of December, 1975.
drew„ricsQ
Bernard J. Huwa
Elsie M. Huwa
STATE OF COLORADO )
SS.
COUNTY OF WELD )
The foregoing instrument was acknowledged before me this 13th day of
January, 1976 by Bernard J. Huwa and Elsie M. Huwa.
WITNESS My hand and official seal.
My commission expires September 13, 1979. invtde•
VARY� OoJ 'r, No art y Public
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r;.. pU E Lsr. •
• •
Weld/ BOARD OF HEALTH
1/1 elCY County Health Department DAVID WERKING, DDS,Greeley
FRANKLIN D. VODER. MD, MPH RALPH AAB, Greeley
Director 1516 HOSPITAL ROAD WILLIAM SLICK, Roggen
GREELEY, COLORADO 80631 DORIS DEFFKE, Greeley
DONALD HERGERT, Windsor
(303)353-0540 ANNETTE M. LOPEZ, Greeley
HERSCHEL PHELPS. JR., M.D.
Greeley
KATHLEEN SHAUGHNESSV, Ault
JOE STOCKTON, Gllcrest
March 3, 1978
Gary Fortner, Director
Planning Commission
915-10th Street
Greeley, CO 80631
TO WHOM IT MAY CONCERN:
I have reviewed the Recorded Exemption as requested by Ervin and
Kathleen Frank, located in the NE1, Section 7, Township 4 North,
Range 67 West, and find no apparent conflict with local or state
health regulations.
Sincerely,
n G. Hall, M.P.H. , Dir ctor
nvironmental Health Services
JGH:dr
R EC CE)
". W6ft uemy
Manning C : aw ;/'
raCy/
mEmoRAnDUm
WIDcTo Planning Commission Date March 2 , 1978
COLORADO From
Ervin and Kathleen Frank Recorded Exemption
Subject:
An on site inspection indicates that the south access
to Lot A has had excessive damage due to equipment ,
and/or trucks and cars , turning too short and running
over the ends of existing culvert . Also there is water
running in the borrow pit along the east side of Lot A,
apparently coming from an open ended drain tile , said
water seems to be causing some algae growth in County
Road right of way.
Prior to severing Lot A from subject property the above
problems should be corrected.
Any new access to either Lot B or Lot A must have prior
approval .
Gilman E. Olson }/
Reviewed and approved by : /4 .Tjtd u l%ric� e/ �C�..
G. Frank Smith , Jr. /
((//
Director of Engineering
56 4� ' )N
ti ,
,
'�
MAR 1978
RECEIVED ,pi,,
Weld County
d, Maeeieg Cmupysloo �'
STATE DEPARTMENT OF HIGHWAYS
JACK KINSTLINGER EXECUTIVE DIRECTOR Weld County
S.H.�y`1 60
DIVISION OF HIGHWAYS DISC .I.E4emp.
E. N. HAASE rcii DWIGHT M. BOWER
CHIEF ENGINEER N'<liNE Nom,- DISTRICT ENGINEER
STATE OF COLORADO
P.O. BOX 850-1420 - 2ND ST. • GREELEY. COLORADO 80531 • (303) 353-1232
March 6, 1978 DOH FILE 45100
Mr. Chuck Cunliffe
Department of Planning Services
Weld County
915 Tenth Street
Greeley, Colorado 80631
Dear Mr. Cunliffe:
The Colorado Division of Highways has reviewed the Ervin and Kathleen
Frank Exemption application. We ask that consideration be given to the future
right-of-way needs on State Highway 60. Our 1994 projected right-of-way needs
map calls for a minimum of 150 feet (75 feet each side of centerline). The
existing highway right of way is 80 feet (40 feet each side of centerline) .
Therefore, we request that an additional 35 feet be protected on the south side
of the highway by reservation, setback, or dedication (preferably the latter)
as local zoning laws and regulations permit.
We would appreciate the opportunity to review any future development plans
on this site if this exemption is approved.
Very truly yours,
DWIGHT M. BOWER
DISTRICT ENGINEER
Albert Chotvacs
Assistant District Engineer
AC: jkm
cc: D. M. Bower
D. N. Fraser
File: Crier-Jacobson via Finch-Graham
w/encl . if Alb 4
MAR 1978 1%
l� RECEIVED `.,
6.5
o weld MO`3- %anoint Case J�* 4
129lSdVF2
Town of Johnstown
BOARD MEETS FIRST MONDAY IN MONTH
P.O. BOX 305
JOHNSTOWN, COLO. 80534
March 9, 1978
Mr. Chuck Cunliffe
Department of Planning Services
915 10th Street
Greeley, CO 80631
Dear Mr. Cunliffe:
The Planning Commission of the Town of Johnstown
met in special session on March 7 , 1978 to hear a
request by Kathleen and Ervin Frank to make application
for a recorded exemption as the titled owners of property
located: NEq Section 7 , T4N, R67W of the 6th P.M. .
This recorded exemption to be on Lot A - 7. 140+ Acres.
This request was unanimously approved by the Planning
Commission of the Town of Johnstown with Mr. Paul Thomas
sustaining.
VerKtrulyU
, ,
d
Ron Bunnell, Chairman
Planning Commission
Town of Johnstown
RB/ps
c13i
(c....(zdECC:niiliVistlEiseD
MAR 19 8 °1,
'it
FIELD CHECK
FILING NUMBER R ✓"61 0
NAME Ervin Fr&nhy_
REQUEST R�C�r F.XCYY1 win
LEGAL DISCRIPTION IOEEzc. 1 , T4 N) , R (O1 VJ
LAND USE N ,\C,A 1\AtYa.\
W klay CU(IklAYa �ZONING N r\c,v,14-uraI
LOCATION
dV) 3CAMSelhDwra S �1
is i ty%kCcA1.-urak
COMMENTS :
Zr.rs, Vet 1/4140 rA-e.vn. \d r avtt SYVTITo Top CL LO 1- IV
w\c\uLs&s2. 2- ho ue nn Cnvsc �s At, VNn4P\Ta\ vv.cm
`0\-14A �Gq T..1.1-1:3 -e.c.‘4.1%•' arcetises , No
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By
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WELD COUNTY PLANNING
CERTIFICATE OF CONVEYANCES COMMISSION
STAVE OF COLORADO)
COUNTY OF WELD )
•
The Stewart Title Co. of Greeley 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 .
LEGAL DESCRIPTION :
The NE4 of Section 7 , Township 4 North, Range 67 West of the 6-th P.*,
County of Weld, Colorado, excepting therefrom that certain parcel
hereto conveyed in Book 212 at page 187 of the Weld County records,
and fruther excepting therfrom that certain parcel heretofore conveyed
in Book 1476 at page 96 of the Weld County records.
•
CONVEYANCES (if none appear, so state) :
Reception no: 1679232 , Book 757
Reception no . , Bcok
Reception no. , Book
Reception no. , Book
Reception no. , Book
Reception no: , Book
Reception no. , Book
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Thi : Certificate is made for the use and benefit of the Planning
Commission of Weld County , Colorado .
This Certificate is not to be construed as an Abstract of Title
nor an opinion of Title , nor a guarantee Title , and the liability
of Stewart Title Co. of Greeley COMPANY
is hereby limited to the amount of the fee paid for this Certificate.
I-n "fitness Whereof, Stewart Title Co. of Greeley - -
COMPANY has caused this cerni-:Fate to be signed by its proper
officer this 15 day of February , A. D. 1978 , at 7 :45 am
"o' clock.
Stewart Title Co. of Greeley
COMPANY
By
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DLPAR I MLN I OF PLANNING SERVICES
cp •
PHONE (3031 356-4000 E XT. 400
C. 915 STREET
GREE EE V, COLORADO 80631
COLORADO
February 28 , 1978
Erving & Kathleen Frank
22915 Weld Co. Rd. 15
Johnstown , CO 80534
RE: Request for a recorded exemption on a parcel of land described
as NE.'-s Section 7 , T4N, R67W of the 6th P. M. , Weld County, Colo-
rado
Dear Mr. & Mrs . Frank :
Your application and related materials for the above described re-
quest are complete and in order. I have scheduled with the Board of
County Commissioners for March 20, 1978 , at approximately 9 : 30 a.m.
This meeting will take place in the County Commissioners ' Hearing
Room, First Floor, Weld County Centennial Center , 915 - 10th Street ,
Greeley , Colorado . It is recommended that you and/or a representa-
tive be there to answer any questions the Board might have with
respect to your application.
It is the policy of Weld County to refer an application of this na-
ture to any town lying within 3 miles of the property in question .
Therofore , I have forwarded a copy of the materials submitted to the
Town of Johnstown for their review and comment . According to our
records , the Town of Johnstown will review and comment on your appli-
cation on March 6 , 1978 . Please contact Jane Fahrenbruch with the
Town of Johnstown at 587-4664 for further details on the Town of
Johnstown meeting.
If you have any questions with regards to this matter , please do not '
hesitate to contact our office.
Respectfully,
QAAPA311:411.0
Chuck Cunliffe
Assistant Zoning Administrator
cc: Mr. Paul Thomas
P.O. Box 220
Johnstown, CO 80534
RECEIPT FOR CERTIFIED MAIL-300 (plus postage)
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PS Form 3811,Nov.1976 RETURN RECEIPT, REGISTERED, INSURED AND CERTIFIED MAIL
Ervin & Kathleen Frank
RE-307
REFERRALS
February 28 , 1978
County Attorney
County Engineer
County Health
State Highway Department
1404 - 2nd Street
Greeley, CO 80631
Town of Johnstown
P. O. Box 306
108 Charlotte Street
Johnstown, CO 80534
Town Board : 3-6-78
PHONE: 587-4664
*EID COUNTY ec MISSIYIEE ► '1eld County Health D BOARD OF HEALTH
A eQ 1 Deportment ()AVM WI fIKING nos Greeley
.r i5 t6 ROAD RALWILL
A Ann Kr Roy
WILIIAM RI IKE ('.tevey
oggen
11
GREELEY, COLORADO 80631 DORIS DEFINE Greele,
APR101978 Yll1 TSJ Qhnp DONALD HERGIRI Windsp,
ANNETTE M LOPEZ Greeley
HE RSCHCL PHIL PS JR M D
GreeleyGREELEY. COLO.
KATHLEEN SHAUGHNESSY. Ault
April 7, 1978 JOE STOCKTON. Gicrefl
Mr. Ervin Frank Certified Mail 4550645
22915 Weld Co. Rd. 15
Johnstown, CO 80534
•
Mr. Frank:
The Weld County Health Department made an insepction of the individual sewage
disposal system owned by you, located at 22857 Weld County Road 15, in the
NE;, Section 7, Township 4 North, Range 67 West, Weld County Colorado on
April 6, 1978. It was found at this time that the system was malfunctioning
discharging raw sewage into the ditch along Weld County Road 15. You are
advised that pursuant to C.R.S. 1973, 25-10-104 as amended, the Weld County
Health Department has issued regulations governing the installation and
operation of sewage disposal systems. Section 3. 1 of those regulations
provides as follows:
"General Sanitation Requirements: The owner of any structure where
people live, work or congregate shall insure that the structure
contains an adequate, convenient sanitary toilet and sewage disposal
system in good working order. Under no conditions shall sewage or
effluent be permitted to be discharged upon the surface of the ground
or into the water of the State unless sewage or effluent meets the
minimum requirements of the regulations of the water quality standards
of the Colorado Water Quality Control Commission whichever are applicable. "
You are hereby notified that the system at the above-mentioned property is not
functioning in compliance with the rules and regulations of the Weld County Health
Department, the statutes of the State of Colorado and constitutes a nuisance and
a hazard to public health. The statutes of the State of Colorado C.R.S. 1973,
25-10-106(k) provides that you are required to apply for a repair permit for this
system within two (2) business days after receipt of this letter. Said permit will
provide reasonable time within which you can make repairs and the department may
issue an emergency permit permitting you to continue use of this system until
repairs are possible. If a new system is needed, then a regular permit must be
taken out and a fee will be charged. Unless you apply for the repair permit and
make reasonable progress toward the repair of the malfunctioning system, it will
be necessary to conduct a hearing before the Health Officer of Weld County and
request a Cease and Desist Order requiring you to terminate all use of the system
as presently installed.
The personnel of the Weld County Health Department stand ready to assist and advise
you in any proper manner in the correction of the above-mentioned problem.
Sincerely,
•
,'tire i ✓ A• ,1%c t
Ronald K. Stow, Supervisor Harry 1k•' Collier
, / Environmental Health Services Environittental Health Specialist
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