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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- 7 r C 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 G le a0 ` it'. j w 7 9 I 11-1- La=_ S '8 n 3 s g 3 :I" Y w�l g - 1 w• � fel i cia it a u 0 D+f, i.•9 m o E `D .e & � '� 11. s y .0 W met t x U go h .g 'g o 09Q 3 o mc°� o G ° w9 gg � bi o Z Q o.9 v _ e g ' Li m I$! xo vCC 0 _7". a I'll r t .-. 1 .-4 Do 5 0 wggz lei 0. gee o 2020- oWC° o r u�l ,• [• O1 i .OG •OG M twY� L' r••I fd yV Wy kl \ ap O I 51i F� MOO N ❑N rZ R ` r, O ` W i O�< 0 I 6 I IA 06 4- • H el f=7 6-] m C �,w1 PS Form 3811,Nov 1976 RETURN RECEIPT, REGISTERED, INSURED AND CERTIFIED MAIL. m 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") 48-cam qo-B qkt'A-g Sc)/ 1--- CA PA 13 ILL «S I R2i ciA7" aD at2Y 4o - JLe .L e 41 M — A Ex1) 5 No 41 m _ a (7') 1L (- 40- c t Av- 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 11 /3--)11±---- a iiman yn y 6M 4 775a • f'_ .4826 -1- '. { `I 4772 q \! l :+ a 'I : ;, ✓g 49$6 } - C. / _ .8/0 , °f^�' 11,SOL$YQp. T 43'4 - ' r / , 111 III irrh' -it / 1 C• .«. Ri. �•[L:, .._. , '4N26 �i t� ''y 1, t \ 489 i -, '�'= a. �• - T 0 '-..J '4,, / .\2F'--- 43s� W a I i RI E,. D 4 . �•_ ' , :. '. ) a ,r •,t :er J �. \ t} 5. O e ) • 2 4 h. sw "a ii>kv a • aiiCi _ - :, 91• t � � of t n in „ �� , a`� 1 \4850/ , f t "4785 1 • . 9 1� , P J' TN • y. def4 445 8,,t ‘4i4 JJ �._ 4662 i _ I._ � ,. , _ 2/ • 4791` 4.A. 4820 • ( �� bw tiny: ice- u - i d, �—• use I �7 .650 4 ' - -, w.V.� ,.�,w^' 4 -6?r"..'...�C 'Ilvw�l 'i.tiu- i a3Ce • 711'.4 Cdt1L Es, f I ' '' '`%^I n --- j_ 4931 ,-,..1 +� 1 • 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 : ��g192021e2 �o ti (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 • • -2 (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 • 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 w,sieyen v.Q`w . . ^Cwo ��KJnes locale �� e� \,v k Pr \V , By • 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 • 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 • �' d'futl�rz> > z — • f 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) SEN TO )�� L /� POSTMARK — hii!' - >1- G GL y Z z4 (7) OR DATE STREET ANON . / Op J 9/5 C.'(l/C' /r (C) P STATE AND ZIP CODE / / (—O _ OPTIONAL SERVICES FOR ADDITIONAL FEES Ir.) ETURN ' 1 Shows to whom and data deli nn8 .. 154 RECEIPT With delivery to addressee only 65 "-� SERVICES 2. Shows to whom,date and where dell 350 With delivery to addressee only 85F DELIVER TO ADDRESSEE ONLY 50! O SPECIAL DELIVERY(extra fee required Z PS Form NO INSURANCE COVERAGE PROVIDED- Apr. 1971 3800 * - NOT FOR INTERNATIONAL MAIL (See o 4 0!743 GPO:1972 0 aide) 0 V 16 14 a in N V1 in ^ I Pi. CV `? CO ..a4 AJYQ f�� w' • M _O YCbg 7141 • L9'� , it < 5�Gam\'`t.LG v '�J f X .. g 1 ' 1 o 1 • ,< .O 9 It to •� 'O HO 1 \7' I ril NJ t 9a^�r000J 72ilOgj6syg Qppiijiiuhlijilo 40 Pds .C u .3c U � j7 �Ws yO1 � ...., N 4i a: ti N oi y 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 Hello