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Home My WebLink About20133049.tiffRESOLUTION RE: ACTION OF THE BOARD CONCERNING RECORDED EXEMPTION, RECX13-0103 - PATRICIA JANSMA AND KANDACE WULFERT WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the request for Recorded Exemption, RECX13-0103, was submitted by Patricia Jansma and Kandace Wulfert, 4814 County Road 50, Johnstown, CO 80534, for property which is located on the following described real estate, to -wit: Lot B of Recorded Exemption, RE -4879; being part of the E1/2 NE1/4 of Section 2, Township 4 North, Range 68 West of the 6th P.M., Weld County, Colorado WHEREAS, this request is to divide the property into parcels estimated to be approximately 4.3 acres and 2.0 acres, and WHEREAS, after reviewing Department of Planning Services concerns and hearing the testimony presented, the Board determined that said request shall be referred back to staff for the following reasons: 1. It is the opinion of the Board of County Commissioners that this proposal is currently in conflict with a portion of section 22-2-20 of the Weld County Code, which refers to a minimum lot size standard of thirty-five (35) acres in agricultural areas; however, the Code as written is overly restrictive and needs to be reviewed by the Department of Planning Services staff and the County Attorney, and the case may be brought back before the Board by staff's recommendation if and when pertinent Code changes occur. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the request for Recorded Exemption RECX13-0103, submitted by Patricia Jansma and Kandace Wulfert be, and hereby is, referred back to the Department of Planning Services. 0,C:Pt- 2013-3049 RECX13-0103 RECX13-0103 - PATRICIA JANSMA AND KANDACE WULFERT PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 3o,th day of October, A.D., 2013 BOARD OF COUNTY COMMISSIONERS WELD NTY, COLORADO ATTEST: Weld County Clerk to the Board BY: arbara Kirkmeyer ounty Attorney c NOV 15 2013 Date of signature: William Garcia, Chair Douglas Rademacher, Pro-Tem Sean P. Conway ike Freeman 2013-3049 RECX130103 PLANNER: DEPARTMENT OF PLANNING SERVICES RECORDED EXEMPTION ADMINISTRATIVE REVIEW Michelle Martin HEARING DATE: October 28, 2013 CASE NUMBER: RECX13-0103 APPLICANT: Patricia Jansma and Kandace Wulfert ADDRESS: 4814 CR 50, Johnstown, CO 80534 REQUEST: Two Lot Recorded Exemption LEGAL DESCRIPTION: Lot B of RE -4879 being part of E2 NE4 of Section 2, T4N, R68W of the 6"' P.M., Weld County, CO. PARCEL NUMBER: 1061 02 100033 PARCEL SIZE: Lot A: +/- 2 acres Lot B: +/- 4.3 acres ZONE DISTRICT: Agricultural WATER SOURCE: Lot A: Proposed Little Thompson Water District, Lot B: Little Thompson Water District tap # 8080 SEWER SOURCE: Lot A: Proposed ISDS, Lot B: SP -1200215 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.P of the Weld County Code: Section 24-8-40.M.1 of the Weld County Codes states, "After March 1, 2004, the proposed recorded exemption is eligible for land exemption if it is not part of: The largest lot of a recorded exemption which was recorded within the last five (5) years." The last Recorded Exemption RE - 4879 was recorded on April 15, 2009 and therefore does not meet the timeframe of five (5) years from the last Recorded Exemption. Also: Section 24-8-40.P of the Weld County Codes states, "After August 3, 2010, the largest lot of any recorded exemption may not be less than thirty-five (35) acres net." The property was divided in 2004 into a Lot A and Lot B of Recorded Exemption case number RE -4879. The Lot B of RE -4879 is a total of 6.3 net acres. The applicant is requesting to split Lot B of RE -4879 (6.3 acres net) into two (2) lots. According to Section 24-8-40.P of the Weld County Code Lot B's of Recorded Exemptions may not be less than thirty-five (35) acres net; therefore the applicant does not meet this criteria of the Weld County Code. Should the Board of County Commissioners approve this request, the Department of Planning Services staff recommends the following conditions be attached: 1. A Weld County septic permit is required for any proposed home. The septic system shall be installed according to the Weld County Individual Sewage Disposal System (I.S.D.S.) regulations. 2. Topographic or physical features of the proposed Lots, such as ravines, ditches, streams etc. may limit the area available for a new or replacement septic system. Prior to recording the plat the Weld County Department of Public Health and Environment recommends that the applicant review the Weld County Code pertaining to septic systems to assure that any installed septic system will comply with all setback requirements found in the Code. In the event the proposed lot is not of sufficient size to allow the installation of a septic system the lot may need to be enlarged. 3. Prior to recording the plat: A. The applicant shall complete and submit the appropriate zoning and building permit applications and pay the appropriate fees to the Weld County Department of Planning Services for the RV located on Lot B. B. Lot A 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. 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. Items to be included on the plat: A. The plat shall be titled: Recorded Exemption No. 1061-02-01 RECX13-0103. Lots A and B shall share an access, no circle drives or additional accesses shall be granted. The access road shall be graded and drained to provide all weather access. Accesses shall be placed in such a location as to have adequate sight distance in both directions, shall not be placed below the crest of a hill or where physical obstructions are present and shall be a minimum distance of 75 feet from any intersecting County or State roadway. A 30 foot wide joint access and utility easement, for the benefit of Lots A and B, shall be shown clearly on the plat. The joint easement shall be dedicated for the use as shown using the language set forth in the Weld County Code, Appendix 24-F.2. C. All approved accesses shall be clearly shown on the plat. D. County Road 50 is designated on the Weld County Road Classification Plan as a local gravel road, which requires 60 feet of right-of-way at full build out. 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. All setbacks shall be measured from the edge of future right-of- way. If the right-of-way cannot be verified, it shall be dedicated. This road is maintained by Weld County. The oil and gas setback radiuses for existing wellheads and tank batteries on the site shall be indicated in accordance with Section 23-3-50.E of the Weld County Code. F. The plat shall delineate the recorded easement dated March 18, 2009 per reception number 3611555. The following notes shall be placed on the plat: 1) All proposed or existing structures will or do meet the minimum setback and offset requirements for the zone district in which the property is located. Pursuant to the definition of setback in the Weld County Code, the required setback is measured from the future right-of-way line. * No building or structure as defined and limited to those occupancies listed as Groups A, B, E, F, H, I, M and R in Section 302.1 of the 2012 International Building Code, shall be constructed within a 200 -foot radius of any tank battery or within a 150 -foot radius of any wellhead or within a twenty -five-foot radius of any plugged or abandoned oil and gas well. Any construction within a two -hundred -foot radius of any tank battery or one -hundred -fifty -foot radius of any wellhead shall require a variance from the terms of this Chapter in accordance with Subsection 23-6-10.C of this Code. 2) Any future structures or uses on site must obtain the appropriate zoning and building permits. 3) Lot A is not eligible for a future land exemption in accordance with Section 24-8- 20.C.1 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 Lot A has 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) 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. 8) Building Permits issued on the proposed lots will be required to adhere to the fee structure of the Weld County Road Impact Program. (Ordinance 2011-2) 9) 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. (Ordinance 2011-2) 10) Prior to the release of building permits on Lots A and/or B, the Lot owner shall verify with the nearest Town/City or Sanitation District to determine the location of the nearest sanitary sewer line. In accordance with the Weld County Code, if a sewer line exists within four hundred (400) feet of the property line and the sewer provider is willing to serve the proposed structure, a septic permit cannot be granted by the Weld County Department of Public Health and Environment. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. 11) The largest lot of any recorded exemption may not be less than thirty-five (35) acres net in accordance with Section 24-8-40.P of the Weld County Code. 12) 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. 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. 6. The plat shall be prepared in accordance with the requirements of Section 24-8-60 of the Weld County Code. The applicant shall submit three (3) paper copies of the plat or one (1) electronic copy for preliminary approval to the Department of Planning Services. Upon approval of the plat, the applicant shall submit a Mylar plat along with all other documentation required as conditions of approval. The Mylar plat shall be recorded in the office of the County Clerk and Recorder by the Department of Planning Services. The Mylar plat and additional requirements shall be recorded within sixty (60) days from the date the administrative review was signed. The applicant shall be responsible for paying the recording fee. 7. 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 of the Board of County Commissioner hearing or a $50.00 recording continuance charge shall added for each additional 3 month period. 8. 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 maps@co.weld co us. 9. If the exemption plat has not been recorded within sixty (60) days from the date the administrative review was signed, or Board of County Commissioners resolution, or if an applicant is unwilling or unable to meet any of the conditions within sixty (60) days of approval, the application will be forwarded to the Board of County Commissioners with a staff recommendation for denial. The Director of Planning Services may grant an extension of time, for good cause shown, upon a written request by the applicant. Wm County Boar or County ConunlssloneRs OctoBeR 284 2013 T"" -`WELD COUNTY Colorado Property information Portal Done ® Internet I Protected Mode On ca - Awn - SN? I I S. AL R 1385 REC 023)5266 06/02/93 16,2? 610.00 1/001 P 1635 FURY AIR/ PCDLR8tEIN CI.Wt 6 RECORDER WELD CO, CO RECORDED EXEMPT/ON NO. 1061- 2-1- R E 14ed DIV 300 AV Amer ((C/s // i 84_82 dG C iszs.7t— SCa Ie N /-•zco' 0 wZ.0 a•- ao feans ke. 2.24w, as s e9'55'06•C_ wins N .802 • : 4dEcae •6C /VC/4 et Sec.?. T4N. 44.642, 4e'M. io tzar 8 ern' 06'E • : Calerete m P.C. Plttil •rptalit Cep L.S. 1242 o: AR 4 alb0r W Rs Xe6rnb d cad AlA96 ear SAP -I/ 3 /•1- Akra.CAp L.S.'7242. 0: Ab. b r ,7D• a -tor ••/8'N • Alms. Cap LS. 7242. •: Fro &wog, .46 aTi senate. O : Na 4 A bor 'i/ Cap L.S 7242 o : NAVRCss Ce I *m.ce /7AX.MRLTA.Y Na6T,!p-*ter R1/3 " Ala,.,. MIDI tS 2242 Vic%Ai <tr /nip / "=tooO Atedc9. C/a NC 141 £ tlxrd Co. lead *50 .99'SS 05-e — —iai7 t! Nf Cb'. cYcc2. T•reN. 6LSW 'rn. Ape fe EIAO 641OSS • 19.3472 Re. \ Lot A 7t.o.t4. • 0.9073 Ac- • Net • 12.4339 AC. DoT m ry 4j S at. •Il' • 'FJ R0•. 6 Aneenn 'S -s. -1 J roller. Sec.2 1 ®q fl 55"W LTA N 40'445 29 -W 160.3z Iot a N55•44:587.0 07 84' d ANY al- • ND -•.51. on 94.52' N 75'52'55'•0 T •1000 •57',12 - SD?. 54 I- 8✓'.54'[F'Ala 49.i9 Arca • 55.4455 Pc. •4 e4• n• 55' W ism it' r. E'/E NE Pad ,2 a). - 93A000S3 Eam,} Las+ Lire NE V;ObLihed (bu f tree Abs TAW ea* '284 E13. 202 R4tNY) Mte : a.)The Maws' Rah a ANA 4/s 6ARr/ be .n:+hweo' in n-p/wncc aM C CAC .espwe.tsa of +'e AXE Cbunty Zoe.-' OId, once. 1.)4'y bitt er cute? non cd •b At OYn4idco' Otrnii ASe Ortfr a/ZMt6 *all be Sep& 6 a1 a.,'a.C t94c o4kern Wf mercers s at'Ale y1YeA TAC 4V,or4D.e ,9w/ be Rp.Rhued ,w ettnaHO.a ,PRA at Affrir•e& 4e King /at'n/ 3*E m T7te as,' eft .''Near .96atr * 'ae .a`I'y Al d6L land OaARr. DATE: RAY 20. 1993 1 OWNERS: LARRY L. AND MICHAEL L. CARSON 1307 SW 23rd STREET LOVELAND. CC 80537 LEGAL DESCRIPTION a1A1+6 THE EAST HALF OF THE NORTHEAST QUARTER OF SECTION 2, TOWSHIIP I NORTH. RANGE 68 WEST OF THE 61R PRINCIPAL MERIDIAN. WELD COMITY. COLORADO. OWNERS CERTIFICATE WE. THE UNDER SIGNED, BEING THE SOLE OWNERS IN TEE Of TM ABOVE UCSERIBED PROPERTY DO HEREBY SUBDIVIDE DC SANE AS SION CM THE ATTACHED HAP. WE UNDERSTAND THIS PROPERTY IS LOCATED IN TIC "A" - AGAICULTURAL ZONE DISTRICT AND IS ALSO INIENHD tO PROVIDE AREAS FOR THE CONDUCT OF OTHER USES SY RIGHT, ACCESSG1T USES. AND USES BY SPECIAL REVIEW. WE DD HEREBY DEDICATE. FOR THE BENEFIT or THE PROPERTY SOWN OR DESCRIED HEREON. EASE - WITS FOR THE PURPOSES SHOW OR DESCRIBED HEREON. 61SGI414" RI AL ` NOTARIAL CERTIFICATE THE FOREGOING CERTIFICATION WAS ACKNOWLEDGED BEFORE NE THIS ?6''DAY OF 71P.,e . A.D.. 1993. NY CCVNISSION EXPIRES: G 19f?t WITNESS NT HAND Noll, afc—oez LIMY PUBLIC KAGee44,. 4tea SURVEYOR'S CERTIFICATE I. ROBERT A. SNORT, A REGISTERED PROFESSIONAL LAID SURVEYOR IN THE STATE OF COLORADO DO HEREBY CERTIFY THAT THIS RECORDED EXEMPTION PLAT WAS PREPARED UNDER NY PERSONAL SUPER- VISION, AID TWAT THIS PLAT IS AN ACCURATE REPRESENTATION THEREOF. I FURTHER CERTIFY THAT THE SWEET AND THIS RAT CNf'LIES WITH ALL APPLICABLE RULES. REGULATIONS. AND LAWS OF THE STATE DI COL'" ',' ATE BOARD OF REGISTRATION FCC PROFESSIONAL ENGINEERS AID PROFESSIONAL ENO SOME . 1 .. OWRT. A, COLORADO RI CWT.( APPROVAL THIS RAT IS ACCEPIED MO APPROVED FM FILING. THE FOREGOING CERTIFICATION WAS ACANOWLE06ED SEFCRE IC THIS/X" DAY DF.je. A.D.. 1993. NY EMISSION EXPIRES: NEWER( .3 C1•3 WITNESS MY HAND MO r a ncr. Al Mt /WOWS? OT OW CIIENT, RECOacee easeutwrs AND Rltwrs-W-/Ar NM NOT It IM Rt- MARCIO aY OA OR Pa* a TARS RAT. rAt EASt_a'MTs YD RISMTJ-W-/A/ RTAeN WY K Stan ICRtOI MCI *or at COMPUTE, Air RATED DI OZIRA1 mernATIpw• AM at TON MO air EV EMS CartnT. ng. ACCO.eI.IC 10 COCUAO° car. Mi MOs? COMNCACE AMY ICML ACTION MASCO WON An Weer IM THIS wtvtY MIrMIM TMREE Iran LITER FOCI IIRJE DISCOVERED ARCM DUELS IN No (PINT Na? ANT ACTIO.M 'Ana WON ANY 01ITCT IN This SINS N COMNIACI0 aGtt THAW KM YEARS IRON ENE WEE W net CtISWIUATA0N .00/N AeRta. /*Reg a SHORT INC. 723/ BM AVE. GREEL EY, COLO. 9063/ SCALP / • MOD Im tticikt!'T ICR• ►04x6 10 El 7443 ins HFo.S ,w. 414127 ME Con. E/L, LIE rh, Sec. t, T4 N, R46w, 3:4 Ace. . Cap, set 4 RICE. by Ls 'UAL (6-22-43) so. A• Mo. a Rcbar c16As' ••t. Scale : I" .100' 0• 60• CO' H30' tar NOTES, r 4ycap UAL WcA 50 (La R.O.w.) 4 A)0rta lance, E'/L. ME'/8 RECORDED EXEMPT/ON NO. 1061-21- I -RE 2427 3v4' +Ca,Sec..L, TA ILL RIr6W cap LS acogo IF LEGEKID ux•0a•aa••M1 tOcl.et• Lot • BA Gross• I1.04LI Ac.t Q.O.W. • 0.1755 /ic..t Met • 10.3166 Ac. 479E WCR so Cat.. Aral co/cap LS 78AL AU- 4. Etter to/Cap LS 7LAE. A)a0'4S'L'7•w 160.3e: • monuments FOVIrd : As Dace -Ebert • Monuments Set : nlo.t 2abo - to/Cap LS 7tGAL Unless Oth cew,st ()cur;bed • 40d Spike o Access � Fbint Ice Rts(derifial I) AI proposed Norm saremeiado meet Pe Rifle letercted oast waieMed ex re zoneRedd InErr bpergI bred. Pularbtie drake dsETBACIa teWYI Con aNbp arena ISa. (Osi a wwg.a), b wpard era* Is ma red tor Ce • 2) &ouldd�nadausd weds eat on b Nopn at---.. aeNMW ra err N ha prowl developmete. Ia apowanclo nee ens be rerpowtd lot .ako•OOr na ea weds, pursued bOttrrw leek 3) Any AWra ru:llne a Lees on rite ram *torn b .,4. A .. tore and Atlnp pent 4) The Solo ereecyf.ad bad Song Weld Cony Rod 60 MW tear candor web arrnbb1W00MA0H zegOrtrM nendnMeteY een0es oe te tray s eOle e) EOWkty d Moab etq rids NI be osdleredbh e6ucen. b) The Orr* HMI pH be red on any bMe ds. Oe'AB1q a n overact.' a Oran homing toter pence 6) Pax iota eUWlCeaa retrro peril en LEA AofPe noSWderrddon, re spoken eorlie Cdtrrp permit Ha to reside err bb OeprerMrtof Refl. Sinks erne OMIwo lot ha in arguer ere or* ofwAaWdprlO'. query. andderdebIlly. 6) Prix b b were aadtrq pone on Lod A a 4b appear Mb naked b edmt• Hated RNA one pm* eplwUea The �gre berm Wrier deecbelnl mm a r deed Mr Include bpd amp En maul word sworn rate. 7) The ervoved o r epalke a to B dor not exetrb RCA-oolkm Er We rid epee. -or-en arrow astir It - tea' D�.r Vt am Ora PUP.• ins eta«SVA n.MMgrata a rtseaMM .•w hard. n, Yf a.n. f •'wank Mp uMI4 a a wK a a a are J creel,. camp sawmra ro 0000 t/, ,wMwr toeea,rt Mr tar Ora Awe. eat ass rear w! rv.r fur,T' wrote ~Ma was Ara ~ sawn attoTwte la Art err. to se torn Air so? Knu son woo sir .weer w rS sower r €d twncn sate rows rte seat ram r.4 MK or M! CallICAMW SOW 00r. A• ' 4•164.08' C• 6115 7S•3L'35•W t Lot •A" it Graf. 4.2441 set; taw.. 0p.1816 A t Ahf •L.1173 Ac _j 4998 WCR lit Witt% Car...3'M' AI,w,.Cap.3e:4 4 2GE. bar IS It4t (5-LI-'RAJ) • ee tom e4 oJe qt. Court Elk. ILYA, .ac . 1HH-e-�Dl b F of •J74L'W Lot .54. RE 1488 Basis of BeOlri s: Assume he. k10:41n Line of The AlE'/a -to Bear Moves rented DATE: APRIL 13, 1999 AMPS: KOIETN C. MILLER HID PATRICIA A. MILLER 4706 MEW ODIMTY repo 50 LOVELAND, CO. 90537 LEGAL 0ESCRIFTION LOT A AS SION ON TIE OtEPTION PUT N0. 1061-2-1-REl 488 OTC EAST MU OF THE IORREAST cuterER 0f SECTION 2, TOWNSHIP 4 NORTH, MICE 68 WEST OF THE 6th P.M., RBCCHpO MC 2, 1993 IN BOOK 1365 AT RECEPTION NO. 2335266. EWERS' CERTIFICATE WE, DE UOOLSIENEO, BEING DIE SOLE PRIERS IN FEE OF THE ABOVE DESCRIBED PROPERTY 00 HOW SUBDIVIDE THE SANE AS DOW OH THE ATTACHED MP. WE UOERSIN° THIS PROPERTY IS LOGTEW IN THE "A• AGRICULTURAL DONE DISTRICT AND IS ALSO INTENDED TO PROVIDE Ann FOR DC CORD= OF 0T14R USES BY RIGHT, ACCESSORY USES, NO USES BY SPECIAL REVIEW, NO 00 HEREBY DEDICATE, FOR THE BENEFIT OF DE PROPERLY SHOW Og DESCRIBED IEIEOII, EASON:XIS FOR DC PURPOSES DON CR DESCRIBED HEREON. PATRICTIA i si1i141[ STATE OF „Srr COWRY a p'i all s4/ FORMIC' IFICATlat WAS A1010m.3310 BEFORE ME This SA DAY a A/Jrd 19g. WITNESS ter 1sT. ANO SEAL. Kt (BeIN1SSICM Rains, �[/7r ktati 4, T,Z. IC a/ main kgm/, (D sa/ 397.'34' 8aa•34.13"W� 49.49' Ca. AkliI w/Cep (S 7844 11111111111111111111111111111011111111 I I 11111111111111 2699eM 05/0/1990 I2:RIP WId !NINE 1 of 1 A I1.•C 0 tin JA SA: T•.iant. Local -ion Map SUVEWR'S CERTIFICATE 1, MERE A. DOR►, A RWISTERM LAW SURVEYOR IN THE STATE OF COLOR* DO mow CERTIFY THAT T(IS II(bpp♦D EKOPEIRH RAT WAS PREPARED DOER MY PERSONAL SsnERVIsION, NO THAT MIS PUT IS NI AOC R TE REPRESSITATIC H THEREOF. I FURTHER CERTIFY TMT DE SLRYEY AND THIS MT WPLIES WIDE ALL APPLICABLE RULES, REQQAATIONS, NO LAWS OF THE STATE OF COLORA00, STATE loop OF REGISTRATION FOR INC SLRYEYORS, NO HEW 00uNt?. RoofRE A. SNOOT, REGISTERED INC SURVEYOR, C0t01o'00 REG. N0. 7242 DATE: Q -/3-4y 02.241Y APWOYAL MS PLAT IS ACCEPTED NO APPROVED FOR FILM. D'"•t"•"y�EMICg! NOTNUAI WIT IFICAT( THE FORMING CERTIFIDATICf WAS KrOWLEDDE) BEFORE NE THIS 20 OAT OF , 19j1. WITNESS NY ISO NO SEAL. oft C EINISSIa /J 11ES: aril • /zo05 . McRAE a SHORT INC /23/ em AVE CREELS) COCO 6b6$! SCALE( r •AaS a.,rJQNWMLEN ltOD GSM Iasr(•Anrll I,, MilNap mot —.. gg055 I S Y P AMENDED TERIECORDEID ] III II©N N©0 W 6t1 --It AMIERIE-2427 A PART OF EAST HALF, NORTHEAST QUARTER (E1/2, NE1/4) SECTION 2, TOWNSHIP 4 NORTH, RANGE 68 WEST OF THE 6th PM, WELD COUNTY, COLORADO V — >I _ STE•! / 31 SCALE I•• 2000' a 040 is 141/1 1 1;11No CO Cot �F1r1 6 ,2 Eat/E Jgr -P•7 4— +1 $1TY]i' E _Mg A— �, y Of J Mi•LL.' OW WOO itxtE LOT 8 IOK IC 40 I IS ACCESS lawn 04M 10 Kitt 1••IOC' 0 IOC 400 000 562 03 NOT TOT Let » t, AT 1ItY:lit EiSI•�TELT TIE 504 C z TOL 0.04 'tb�In •• .} QtFF • 1 M JY 'E ' 1 4 y��>.r SOSr.a•-v gnaw CUTTIWINEWART LLOtf� Otto. 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O F cc"' w K6 CI:COO:CO 104 Ma yap a 0411‘ a_ Site — looking south Site — on the west side of the house DEPARTMENT OF PLANNING SERVICES 1555 N 17th AVE GREELEY, CO 80631 WEBSITE: www.co.weld.co.us E-MAIL: mmartin@co.weld.co.us PHONE: (970) 353-6100, Ext. 3571 FAX: (970) 304-6498 September 09, 2013 JANSMA PATRICIA 2208 ANTELOPE RD FORT COLLINS, CO 805253552 Subject: RECX13-0103 - Two Lot Recorded Exemption. On parcel(s) of land described as: PT E2NE4 2 4 68 LOT B REC EXEMPT RE -4879 (.167D) of the 6th P.M., Weld County, Colorado. Dear JANSMA PATRICIA 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: Johnstown at Phone Number 970-587-4664 Berthoud at Phone Number 970-532-2643 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. Digitally signed by Kristine Ranslem Reason: I am the author of this document Date: 2013.09.09 09:20:23 -06'00' Michelle Martin Planner RECORDED EXEMPTION (RE) APPLICATION FOR PLANNING DEPARTMENT USE DATE RECEIVED: `I / 5/ 10 t -� RECEIPT/AMOUNT # /$ CASE # ASSIGNED: a- C X'3 -/( I O O. APPLICATION RECEIVED BY PLANNER ASSIGNED: nicht-6Z Parcel Number 1 D - 2- � - O - 0 3 r'3 (12 digit number - found on Tax I . information, obtainable at the Weld County Assessor's Office, or www.co weld.co.us) Legal Description (air M -Plea or , Section ? , Township 4 North, Range t West Has the property been divided from or had divided from it any other property since August 30, 1972? Yes, NOD Is this parcel of land, under consideration, the total contiguous land owned by the applicant? Yes El NoEl FEE OWNER(S) OF THE PROPERTY: Name: griialcIA A. JA7US(4A , latce A. Wut-rel T Work Phone # gelos 5200 Home Phone # 1143"13qµ Email Address t Li q A,nsth,t [A ake.coin Address: t-gO14 CV GI) a13" opgS J ? City/State/Zip Code pAA-4c3ThWwr , Go eo5?q APPLICANT OR AUTHORIZED AGENT (See Below: Authorization must accompany all applications signed by Authorized Agent) Name: Work Phone # Address: Home Phone # Email Address City/State/Zip Code Lot A Smaller Parc Lot B \ .l.4' A -� Lot D Water Source L $rl,, 1140/1,43a LI (jaw ISAAR j Type of Sewer 'Salk- L Proposed Use i.i6LIZ Okitcfri 6(nbtt,te rkt(lin Acreage (0,431- 1 - Existing Dwellings? If Yes, list address below: If Yes, list address below: LIU-LitGo hl�tJ If Yes, list address below: rilQ If Yes, list address below: the property is vacant or unimproved write p'tOposed 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 '-e owners must be included with the application. If a corporation is the fee owner, notarized evidence must be I ded showing the signatory has the legal authority to sjgn for the corporation. 0/013 uthorized Agent Date ref //--5 Signae: Owner or Authorized Agent Date fit_rri; C. COLORADO ADMINISTRATION: FAX: PUBLIC HEALTH EDUCATION & NURSING: FAX: ENVIRONMENTAL HEALTH SERVICES: FAX: AUTHORIZATION FORM PERMIT APPLICATION n I.S.D.S. EVALUATION SALE OF PROPERTY I�rl ,-«n\sntu represent (Agent/Applicant) located at DEPARTMENT OF PUBLIC HEALTI I & ENVIRONMENT 1555 N. 17" Avenue Greeley, CO 80631 WEBSITE: www.co.weld.co.us (970) 304-6410 (970) 304-6412 (970) 304-6420 (970) 304-6416 (970) 304-6415 (970) 304-6411 WATER SAMPLER Cluar,J; 'riMJSw\A for the property (Owner) LEGAL DESCRIPTION: SEC u TWN 4 RNG (tA SUBDIVISION NAME: LOT BLK I can be contacted at the following phone #'s: Home qr10'a13- 0095 Work Fax # The property owner can be contacted at the following phone #'s Home quo- e\-'3- 0095 Work Fax # Correspondence mailed to (only one): n Agent/Applicant Property Owner DATE 10/ I I /Id, OWNER'S SIGNATURE Recorded Exemption Questionnaire for 4814 County Road 50 -Johnstown 1. The current residence at 4814 County Rd 50 (Lot B) is serviced with a water tap provided by Little Thompson Water District. The proposed 2 acres (Lot A) just east of current Lot B will also be serviced by a water tap that is available for purchase from LTWD as mentioned in enclosed letter dated August 16, 2013. The original purchase of Lot B was done without any shares of water rights. 2. Sewer service will be provided by a septic system. Currently the residence at 4814 CR 50 is serviced by an engineered septic system. All supporting documentation is included with this packet. A separate perk test will be conducted on the proposed lot and it is assumed that an engineered septic system will also service the proposed lot. 3. As indicated on attached LLC, Lot B currently has a residence on it. This LLC was prepared by Landstar Surveying Company on June 28, 2013. Proposed plans in 2014, will include an additional outbuilding as well as a built in swimming pool and small pool house, We currently have 1 miniature horse on Lot B with plans to obtain additional small animals. The west corner of Lot B is planted in grass hay. 4. Just east of home located on Lot B is the proposed 2 acre site which is currently planted in grass hay. This new lot is adjacent to County Road 50 and runs along east property line as indicated on drawing. It is being created to sell to my nephew, Jerrad Klein. A single family home and an outbuilding will be built on this proposed lot. At this time, there are no future plans for any type of livestock. 5. The Harry Lateral ditch runs east and west on the backside of the property. 6. No building envelopes are requested. There are no Business or Special Review permits associated with this property. Weld County Public Works Dept. 1111 H Street P.O. Box 758 Greeley, CO 80632 Phone: (970)304-6496 Fax: (970)304-6497 Applicant era,,.... �F,t,,� Name f* atiA A- 7 cJA 749 A ACCESS PERMIT APPLICATION FORM Property Owner (If different than Applicant) Name Company Address Address,Litt* CC City State Zip City1bL , State Co Zip Phone Business Phone Fax E-mail rk►1 4 i5a em& totInal + ant Parcel Location l & Sketch The access is on WCR Nearest Intersection: WCR & WCR Distance from Intersection Parcel Number I obl 02— I V001 031 Section/Township/Range Z14 l '60 (A/! —Sr Is there an existing access to the property?�ES NO ❑ Number of Existing Accesses I oad Surface Type & Construction Information Asphalt L Gravel al Treated II O her_ Culvert Size & Type I5" 4fltb I - (/ Materials used to construct Access "2t17\' Construction Start Date N LA Finish Date N IA Proposed Use Fax E-mail ♦= Existing Access A= Proposed Access T N I H A N qua l2wnn5m4107 picas whiciAt titzb WCR sc I I f:Wy/e WCR ❑ Temporary (Tracking Pad Required)/ $75 EiSingle Residential/$75 ❑ Industrial/$150 O Small Commercial or Oil & Gas/$75 ❑Large Commercial/$150 0 Subdivision/$150 ❑ Field (Agriculture Only)/Exempt Is this access associated with a Planning Process? ❑ No ❑ USR IB/RE ❑ PU D ❑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 agr¢es to comply with all said permit requirements and provisions, all Weld County ordinances, and state laws regarding facilities constructi Signature T/""e'I Printed Name/2'7,f7ei0f A ../A7v..9744 Date A' -/j Approval or Denial will IEg'issued in minimum of 5 days. Approved by Tax Account Page 1 of 1 Tax Account Summary Account Id R6777401 Parcel Number 106102100033 Owners JANSMA PATRICIA A WULFERT KANDACE A Address 958 SNOWY PLAIN ROAD FORT COLLINS, CO 80525 Situs Address WELD 000000000 Legal PT E2NE4 2 4 68 LOT B REC EXEMPT RE -4879 (.167D) Inquiry As Of 07/09/2013 Payment Type O First n Full Total I)uc 50.00 I Update Value Area Id Mill Levy 2371 -2371 66.2350000 Actual Assessed AG -FLOOD IRRRIGATED LAND - 4117 3,789 1,100 AG -WASTE LAND - 4167 4 10 Total Value 3,793 1,110 Taxes 573.52 The amount of taxes due on this page is based on last year's property value assessment. bttps://www.weldtax.com/treasurer/treasurerweb/account.] sp?account=R6777401 7/9/2013 Submit by Email September 09, 2013 Weld County Referral The Weld County Department of Planning Services has received the following item for review: Applicant: Patricia Jansma / Kandace Wulfert Case Number: RECX13-0103 Please Reply By: October 07, 2013 Planner: Michelle Martin Project: Two Lot Recorded Exemption. Location: South of and adjacent to County Road 50 and approximately 3/4 mile east of Interstate 25. Parcel Number: 106102100033-R6777401 Legal: PT E2NE4 SECTION 2, T4N, R68W LOT B REC EXEMPT RE -4879 of the 6th P.M., Weld County, Colorado. The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. • We have reviewed the request and find that it does / does not comply with our Comprehensive Plan because: We have reviewed the request and find no conflicts with our interests. See attached letter. Signature Agency Jeff Behncke, Greeley South DWM Colorado Parks and Wildlife Date 09/25/13 Weld County Planning Dept. 1555 N 17th Ave, Greeley, CO. 80631 (970) 353-6100 ext.3540 (970) 304-6498 fax MEMORANDUM TO: Michelle Martin, Planning Services DATE: September 19, 2013 FROM: Donald Carroll, Engineering Administrator Public Works Department SUBJECT: RECX13-0103, Patricia Jansma/Kandace Wulfert The Weld County Public Works Department 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 Public Works Department. Our comments and requirements are as follows: COMMENTS: Weld County Functional Classification Map: (Revised Feb. 9, 2011 — Amended 10/2011) CR 50 is a local gravel road and requires a 60 -foot right-of-way at full build out. There is presently a 60 -foot right-of-way. This road is maintained by Weld County. Pursuant to the definition of SETBACK in the Weld County Zoning (23-1-90), the required setback is measured from the future right-of-way line. The traffic count (ADT) is 400 for this road. REQUIREMENTS: Road Access Policy: (Policy Established Sec. 8-2-10) When feasible, there shall be no net increase in the number of accesses to a public road. Show the approved access on the plat and label it with the approved access permit number (AP#). Both Lots A and B shall share a joint access point. Noxious Weeds: 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 Section 15-1-180 of the Weld County Code. Flood Hazard Development Standards: This area IS NOT in a Special Flood Hazard Area (SFHA) as determined by the Federal Emergency Management Agency (FEMA). pc: RECX13-0103 C:\Users\egesick\AppData\Local\Microsoft\Windows\Temporary Internet Files \ Low \Content.) E5\LFKG 1 V W4\RECX 13-0103[1 ].docx Memorandum TO: Michelle Martin, W.C. Planning DATE: September 26, 2013 FROM: Lauren Light, W.C. Department of Public Health and Environment CASE NO.: RECX13-0103 NAME: Jansma/Wulfert Environmental Health Services has reviewed this proposal to exempt one lot from an 8.9 acre parcel. Proposed lot A will consist of 2 acres and proposed lot B will consist of 6.9 acres. There is an existing residence on proposed lot B served by Little Thompson Water District (tap 8080) and an individual sewage disposal system (SP -1200215). Proposed lot A is vacant and a tap from Little Thompson Water District and an individual sewage disposal system will be installed when a residence is constructed. The Environmental Health Services Division recommends the following: Prior to recording the plat: 1. Topographic or physical features of the proposed lot, such as ravines, ditches, streams, etc. may limit the area available for a new or replacement septic system. Prior to recording the plat the Division recommends that the applicants review the County Code pertaining to Septic Systems to assure that any installed septic system will comply with all setback requirements found in the Code. In the event the proposed lot is not of sufficient size to allow the installation of a septic system the lot may need to be enlarged. The following should be included as a note on the plat: 2. The applicant/owners should be made aware that while they may be able to obtain a well permit from the Office of the State Engineer, Division of Water Resources, the quantity of water available for usage may be limited to specific uses, i.e. domestic use only, etc. Also, the applicant/owner should be made aware that groundwater may not meet all drinking water standards as defined by the Colorado Department of Public Health and Environment. We strongly encourage the applicant to test their drinking water prior to consumption and periodically test it over time. Prior to construction: 1. A Weld County Septic Permit is required for the proposed home septic system and shall be installed according to the Weld County Individual Sewage Disposal Regulations. Please note, the lot owners shall verify with the nearest Town/City or Sanitation District to determine the location of the nearest sewer line. In accordance with the Weld County Code, if a sewer line exists within 400 feet of the property and the sewer provider is willing to serve the proposed structure, a septic permit cannot be granted by the Weld County Department of Public Health and Environment. Michelle Martin From: Kristine Ranslem Sent: Wednesday, September 11, 2013 7:36 AM To: Michelle Martin Subject: FW: RECX13-0103 Referral Attachments: Ditch Contract -Harry Lateral -Miller Recorded Exemption dtd 031309 rec 031809 Recep 3611555.pdf Please see comments below and attached agreement. Thanks! Planning Technician Weld County Planning Services 1555 N 17th Ave, Greeley CO 80631 970-353-6100 ext. 3519 From: Randy [mailto:randy@starrwestbrook.com] Sent: Wednesday, September 11, 2013 7:30 AM To: Kristine Ranslem Cc: patricia.jansma@yahoo.com Subject: RE: RECX13-0103 Referral Kristine: Harry Lateral Ditch Company has a recorded agreement with a prior owner of this property that affects this development. I have attached that recorded agreement for your information. Harry Lateral Ditch Company requests that any division or other development of or on this property comply with the terms of the attached agreement. If you have any questions, please advise me. Randy Randolph W. Starr Starr & Westbrook PC Attorneys At Lan 210 E 29th St Loveland, CO 80538 Voice 970-667-1029 Fax 970-669-3841 Email Rand.o cl;u'nccetbruuk.cuw This transmission contains information from the law firm of Starr & Westbrook PC that is confidential or privileged. The information is intended to be for the use of the person named on this sheet. If you are not the intended recipient, any disclosure, copying, distribution or use of the contents of this electronic information is prohibited. If you have received this transmission in error please notify us by telephone so that we can arrange for the retrieval of the original documents at no cost to you. The following notice is required by IRS Cir 230: To the extent the preceding correspondence and/or any attachment is a written tax advice communication, it is not a full "covered opinion." Accordingly, this advice cannot be used for the purpose of avoiding penalties that may be imposed by the IRS. From: Kristine Ranslem [mailto:kranslern(aco.weld.co.us] Sent: Monday, September 09, 2013 9:35 AM 1 To: Bethany Salzman; Billings, Sandra; Jeff Behncke; Tim Katers; jfranklin@townofjohnstown.com; mlafferty@ larimer.orq; Foster, Martin; mtcook@Itwd.orq; Randy; lambbookkeepirq@yahoo.com; msobeski@iohnstownfi re.orq Subject: RECX13-0103 Referral We have just received a case (RECX13-0103) in which we ask that you review the material and send a referral to us. Please click on the link below and select "Search Applications" under the Planning tab. Input the record number and scroll down to Attachments. Click on the arrow next to the Attachments and you will find all the information including the referral form to submit back to us. The following is a quick link to the case search: 11 accela-aca.co.viceld.co.us citiienacecss If you have any questions, please don't hesitate to contact me at the number below. Thank you! Kristine Ranslem Planning Technician Weld County Planning Services 1555 N 17th Ave. Greeley CO 80631 970-353-6100 ext. 3519 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. 2 1111111111111tin /III 1111111 III 1111111 III MAIN III/ 5 3611555 03/18/2009 04:27P Weld Ccunty, CO 5j 1 of 14 R 71.00 D 0.00 Steve Moreno Clerk & Recorder AGREEMENT This Agreement (the "Agreement"). is between THE HARRY LATERAL DITCH COMPANY. a (Colorado mutual irrigation company ("Ditch Company") and KENNETH C. MILLER and PATRICIA A. MILLER ("Landowner"), and is upon the following terms: I. Subdivision and Ownership. Landowner is the owner of all of the property known as the MILLER RECORDED EXEMPTION, a copy of which is attached hereto as Exhibit A (the "Subdivision"). Landowner represents and warrants that Landowner is., on the date of execution of this Agreement, the sole owner of the Subdivision. Landowner may have lien(s) against the Subdivision, and Landowner will obtain the written consent and acceptance of all lienholders by signature on this Agreement prior to its recording. Failure to obtain such written consent and acceptance from all such lienholders shall cause Landowner to be in default under this Agreement. 2. Background and Purpose. Landowner desires to obtain approval of the Ditch Company for certain matters required by the Weld County, Colorado, Board of County Commissioners relating to the conditional approval of the Subdivision. The Ditch Company's interests will be benefited by the granting of its approval through the terms and conditions of this Agreement. Therefore the parties acknowledge that valuable consideration exists for this Agreement among the parties. Landowner shall promptly reimburse or pay directly all of the Ditch Company's engineering and legal expenses incurred in the negotiation, administration and effectuation of this Agreement. Landowner agrees to pay all of the other fees and expenses provided for in this Agreement. 3. Ownership and Administration of Ditch Company Stock. Landowner may own assessable share(s) of the Ditch Company which has / have historically been used to irrigate for agricultural purposes the Subdivision. Landowner desires to continue to have the Subdivision irrigated by water from the ditch of the Ditch Company, if applicable. Landowner shall obtain all necessary approvals to be able to use such water for such purposes. 4. Ownership of Ditch Company Property Rights. The Ditch Company has a right-of-way for its ditch and appurtenant facilities described on the plat attached hereto. Landowner recognizes and confirms said ownership of the Ditch Company in such right of way and appurtenant facilities. Landowner agrees to execute an easement in the form of Exhibit 13 attached hereto to have the Landowner confirm and convey the property rights of the Ditch Company. The easement shall he recorded at the expense of the Landowner along with this Agreement. Landowner grants and confirms to the Ditch Company an exclusive easement (except as may be permitted in Section 9 below) for the Ditch Company's irrigation ditch and appurtenant facilities as shown on the recorded survey plat of the Ditch Company's system together with rights of ingress and egress for Ditch Company purposes at the historical access point being the intersection of the Ditch Company's irrigation ditch and Weld County Road 50. The width of the ditch easement is sixty feet, being thirty feet on each side of the centerline. and additional casement will be required. if necessary. to obtaina minimum of a 25 foot strip on the top of the hank on each side of the ditch, and provided however that for those portions of the ditch which are situated on or near the outer boundary line of the Subdivision, the casement width shall be limited to the area lying between the centerline of the ditch Page I Starr and Westbrook, P.C. Attorneys at Law 210 East 29"' Street P.O. Box 642 Loveland, CO 80339-0642 I IIIIII 11111 111111 IIII 1111111 III 1111111 III III IIII IIII 3611555 03/18/2009 04.27P Weld County. CO 2 of 14 R 71.00 0 0.00 Steve Moreno Clerk & Recorder and the outer boundary line of the Subdivision. 5. Drainage. 5.01 There shall be no change made in the point, flow rate, volume, amount or type of drainage into the Ditch, except as provided in this Agreement. If required by Weld County, a Preliminary Drainage Report shall be prepared by a licensed civil engineer, which report shall be presented to the County and the Ditch Company. The Ditch Company shall be entitled to review the Preliminary Drainage Report during the time that the appropriate governmental agency is reviewing such report. The Landowner will incorporate the changes to the report and the Drainage Plan suggested by the Ditch Company's engineer. If required by Weld County, a Final Drainage Report shall then be prepared containing all of the required changes. The Ditch Company shall have a reasonable time (not less than 45 days) to review such Final Drainage Report and present objections to such report and to the design, installation or construction of any facilities that alter the historic drainage pattern. If Landowner fails or refuses to modify the Final Drainage Report to meet the objections of the Ditch Company, then the County shall make the final determination regarding the modifications of the drainage plan. The County shall be jointly and severally legally responsible for such drainage and drainage plan. 5.02 Landowner and Landowner's successors or assigns, shall not cause, suffer or permit any hazardous material, pollutant or other foreign material to be deposited or discharged from or through the Subdivision into the Ditch or the water carried within the Ditch. Any person, including Landowner, having knowledge of such deposit or discharge shall immediately notify the appropriate governmental agencies and Ditch Company of any potential or actual such deposit or discharge by any person. 5.03 Landowner agrees that an easement exists for the historical waste water return ditches and if Landowner's activities on the Subdivision alter the historical waster water return flows, Landowner agrees to regularly maintain, clean and repair the ditches on at least an annual basis prior to the irrigation season, and Landowner agrees to install a concrete pipe culvert of sufficient size based on the Ditch Company engineer's standards for lateral ditch crossings of any roads or other surface uses that l.andowner undertakes in the Subdivision which could affect the operation of the Ditch Company's ditch. 5.04 Landowner agrees that there may have existed for many years underground drain lines and lateral or field ditches carrying water across the properties. Landowner agrees that an easement exists for the underground drain lines and lateral or field ditches. if any, and they agree to regularly maintain and repair the lines and ditches located in the Subdivision, if any exist in the Subdivision, on an "as needed" basis prior to the irrigation season. 5.05 In the event there is proposed or formed a drainage district under federal, state or local law or requirement, Landowner agrees to include all of the Subdivision property with the boundaries of such district. 6. Mat or Covenant Notes. The following notes shall be inserted by the Landowner onto the Subdivision Plat or into the perpetual covenants that run with the title to the Subdivision: A. The Ditch Company has an easement for its ditch and has the authority to cut and remove trees within its right of way and it is acknowledged by the owners of the property in the Subdivision that the Ditch Company will, at an appropriate time. remove any and all such trees within the right of way. The owners of the property in the Subdivision acknowledge that the property owners and Pape 2 111111111111141113 141 III �Il\II\ ill /iii 111111 3611555 3 of 14 R 71.00 D 0.00 Steve Moreno 0lerl. 8 Ra,c3cc" successor owners may not plant or otherwise landscape the ditch right of way. The Ditch Company also has the authority to install and maintain a road within the right of way along each ditch hank for its purposes. B. The property owners may not place any fence within the ditch right of way, and particularly across the right of way: and the property owners shall not to install any gates or fences on the ditch company right of way without the prior written approval of the Ditch Company. Any fences approved by the Ditch Company within the ditch easement must he fire proof and stock -proof to prevent damage by ditch cleaning by burning, humans and livestock and other sources to the ditch. There will not be permitted any livestock watering in the ditch. ''here will not be permitted any pumps in the ditch. Cattle guards instead of gates should be utilized instead of gates. C. The property owners acknowledge and understand that there may be subsurface waters that arise in the area of this development and that there are periods of time when, due to water flowing within the ditch system and otherwise, that portions of the property receive significant amounts of subsurface water that is very near to the surface, or resides on the surface. Due to this problem, the utility of certain portions of the property for construction of structures could potentially be unavailable. The Ditch Company has no plans to alter its operations as it would cure this surface and subsurface water issue. Ditches may overflow and flood adjoining property and improvements. Property owners shall he solely responsible for all water that overflows the ditch and the Ditch Company shall not be liable for damage caused to any property or improvements due to water overflowing the ditch. D. The property owners shall maintain the irrigation and drainage patterns existing on the date of recording of the plat so that the quality of water entering the ditch from irrigation and from precipitation and other sources is maintained, and so that there is no change in rate, amount, point or type of drainage into the ditches that will occur. The property owners shall monitor and identify any pollutants or other hazardous materials that enter the ditch and should agree to stop any such deposit in the ditch system. F. The property owners acknowledge that: 1) No livestock watering. swimming. tubing. canoeing or other use of the ditch or water in the ditch is allowed; 2) No dumping of refuse. including but not limited to household garbage, waste materials, grass clippings, tree and shrub prunings, motor oil, chemicals, pesticides or herbicides is allowed; 3) No pumps for lawn or other irrigation are allowed in the ditch; 4) No use of the ditch easement for hiking, biking, horseback, motorcycle, off road vehicles or other motorized or non -motorized vehicle shall be allowed. F. No crossings of the ditch are permitted without the prior written consent of the Ditch Company and compliance with the rules, regulations and requirements of the Ditch Company. 7. Miscellaneous 7.01 Attorney Fees. law and Venue. In any action brought by the Ditch Company to enforce the provisions hereof, whether legal or equitable, and/or in any action involving Ditch Company and landowner or any successor of landowner whether to enforce the provisions of this Agreement or otherwise, the Ditch Company shall be entitled to reasonable attorneys' fees as fixed by the court. This Agreement shall be construed under the law of the State of Colorado. Venue for all actions shall he in the District Court of the county where the Subdivision is located. 7.02 Severability. The provisions hereof shall be deemed independent and severable, and the invalidity or partial invalidity or unenforceabi I ity of any one provision or portion thereof shall not affect the validity or enforceability of any other provision hereof. Page 3 1111111 /IIII 111111 /III 1111111 III 1111111 111 IIII IIII 3611555 03/18/2009 04:27P Weld County, CO 4 of 14 R 71.00 C 0.00 Steve Moreno Clerk & Be, vie, 7.03 Successors and Assigns. The terms. covenants. and conditions herein contained shall be binding upon and inure to the benefit of the successors and assigns of Landowner, the Ditch Company and the HOA, and each of them. Landowner's obligations hereunder shall terminate (and the successor(s) to Landowner shall arise) on the date that Landowner conveys all of Landowner's interest in the Subdivision to transferee(s) and/or 1IOA. Due to the fact that Landowner's proposed Subdivision is only for two lots, upon the conveyance of one of the lots, the initial Landowner's future obligations shall be segregated and thereafter the liability of the Landowner and its successor(s) shall he several, and not joint, between the respective owner(s) of each of the respective lots. In the event Landowner creates an HOA. the HOA shall be jointly liable with all or any successor property owner within the Subdivision under the terms of this Agreement. Whenever a transfer of ownership of a lot or tract takes place to a bona tide purchaser for value, liability' of the transferor for breach of this Agreement thereafter terminates, and the grantor shall be liable only for breach(s) of this Agreement arising prior to the date of conveyance. "fhis paragraph shall apply to any property dedicated to or conveyed to a governmental entity or any other person or entity by Landowner as a public improvement or utility. All amounts due by Landowner or by 11OA to the Ditch Company or to its stockholders, or otherwise under the Agreement shall be assessed by the I IOA against the Subdivision under the terms of the covenants applicable to the Community: and the lien for such assessment against the Subdivision shall inure to the benefit of the Ditch Company and its stockholders for any amount due under the terms of the Agreement or otherwise. Such lien may be foreclosed against the Subdivision, or any portion thereof, by the Ditch Company or its stockholders in the place of the I IDA, as provided in the covenants applicable to the Subdivision. The provisions hereof shall constitute covenants running with the land, burdening and benefiting each and every' part of the properties and every interest therein. In addition, the provisions hereof shall be enforceable in equity as equitable servitudes upon the land and as covenants in an agreement between owners. This Agreement affects the property and title of the Subdivision, and this Agreement shall he recorded at the expense of Landowner, and after recording. the terms, conditions and covenants of this Agreement shall become a covenant running with the land of the Subdivision. This Agreement shall constitute a benefit and burden on the Subdivision and this Agreement shall he enforceable by the Ditch Company or any of its shareholders, or both the Ditch Company and any of its shareholders. 7.04 Construction, Waiver, Gender, Time of Essence. The provisions hereof shall he liberally construed to effectuate their purpose of creating a uniform plan for the development and operation of the Subdivision. Failure to enforce any provision hereof shall not constitute a waiver of the right to enforce said provision or any other provision hereof. Whenever used in this Agreement, the singular shall include the plural, the plural the singular, and the use of any gender shall include all genders. Time is of the essence of this Agreement. 8. Liability and Indemnification. 8.01 Landowner. HOA, if any, and Landowner's and I IOA's successors and assigns, hereby specifically waive and release all known or unknown Claims. damages, rights of indemnity, rights of contribution or other rights of any kind or nature for claims, damages, actions, judgments or executions that have arisen or may arise out of the maintenance, operation or use of the Ditch Company's ditch and easement. including, but not limited to: flooding due to overflow or breach of the Ditch Company's ditch; washing or erosion of the ditch bank; cleaning of the ditch and easement by any means including but not limited to burning or chemical means: and excavation of the ditch Page 4 1111111 IIIII 111111111111111 III 1111111 11II\I\ 36 5 of 14 R 71.00 D 0.00 Steve Moreno Clerk & Ri (,)`ttr' and storage of residue. 8.02 As used in this Agreement, the term "Claims" means (1) losses, liabilities, and expenses of any sort, including attorneys' fees; (2) tines and penalties: (3) environmental costs, including, but not limited to, investigation, removal, remedial, and restoration costs, and consultant and other fees and expenses: and (4) any and all other costs or expenses. 8.03 As used in this Agreement, the term "Injury" means (1) death. personal injury, or property damage: (2) loss of profits or other economic injury; (3) disease or actual or threatened health effect: and (4) any consequential or other damages. 8.04 Landowner and I IOA jointly and severally covenant and agree to at all times protect, indemnify, hold harmless, and defend the Ditch Company. its directors, officers. stockholders, agents, employees. successors. assigns. parents, subsidiaries, and affiliates from and against any and all Claims arising from. alleged to arise from, or related to any Injury allegedly or actually occurring, imposed as a result of, arising from, or related to Landowner's actions or inactions arising: ( I ) under this Agreement: (2) the construction, existence, maintenance, operation, repair, inspection, removal, replacement, or relocation of the facilities on or adjacent to the Easement; or (3) Landowner's or HOA's or both, or any' other person's presence at the Subdivision as a result of or related to this Agreement. 8.05 Landowner's and 1lOA's duty to protect, indemnify, hold harmless, and defend hereunder shall apply to any and all Claims and Injury, including, but not limited to: (1) Claims asserted by any person or entity, including, but not limited to, employees of Landowner or I IOA or both or their contractors, subcontractors, or their employees; (2) Claims arising from, or alleged to be arising in any way from, the existence at or near the Subdivision of water or ditches or reservoir or other associated facilities; or (3) Claims arising from, or alleged to be arising in any way from, the acts or omissions of Landowner or 11OA or both, their sublessees. invitees, agents, members, or employees. 9. Crossings of Ditch. Except for the above -ground pipeline which now exists, no crossings of the ditch and no encroachments in the easement of the Ditch Company arc permitted by this Agreement. except for possible future underground utilities which shall require the prior approval of Ditch Company, which approval shall not be unreasonably withheld. [REMAINDER OF PAGE LEFT BLANK INTENTIONALLY! Page 5 111111111111111111,1119 1111111 III IIIiIL III 1111 1111 II�� 6 of 14 R 71.00 D 0.00 Steve Morel o Clerk & Re. order IN WITNESS WHEREOF, the parties hereto have executed this Agreement this day of . 2009. THE HARRY LA'1'ERAI. DITCH COMPANY. a Colorado mutual irrigation company By: President Mario Herrera Secretary—Arielle Sawyer STATE OF COLORADO ) ss. COUNTY OF LA RIMER ) The foregoing was acknowledged before me this day of .2009, by Mario I lerrera. as President, and Arielle Sawyer, as Secretary of The I larry Lateral Ditch Company, a Colorado mutual irrigation company. Witness my hand and official seal. Notary Public My commission expires: sTATE OF COLORADO ss. COUNTY OF -WU44 HC.. )LiE ) Landowner Kenneth C. Miller Landowner - Patricia A. Miller The foregoing was acknowledged before me this 7 day of It )JLS' c \- , 2009, by Kenneth C. Miller. and Patricia A. Miller as Landowner. Witness my hand and official seal. My commission expires: Page 6 1 IIIIII IIIII 111111 IIII IIIIIII III III11I1 III IIIII IIII 3611555 03/1812002 04.27P County, CO 7 of 14 R 71.00 C 0.00 Steve Moreno Clerk & Recorder ACCEPTED ED AND APPROVED: LIENHOLDER: By: STATE OF ss. COUNTY OF The foregoing was acknowledged before me this > day of 20(Y9,Iry , as Lienholder. Witness my hand and official seal. My commission expires: I'age 7 Notary Public 11111111111111111111111111111II 1111111 III IIIIIIll/ III! 3611555 03118/20(19 0427P Weld County, CO 8 of 14 R 71.00 D 100 Steve Moreno Clerk & Rer•j.r; • EXHIBIT""A" COPY OF SUBDIVISION PLAT .,.._,r�,......_...�_-ter c a w \�� \\ \' \ vAVAVAA\ ' V ��A�� V \ VAVAVA\A v` v '\ v A.• \ `�vVA\ \V\V :�\�\J0HNST0WN \.' \‘‘`‘ y'y\��\ �\ �\\\yv v,,Vv .\\\ yA.vyvv \1\vyAA *vc, .. Page 8 3611555 03/18/2009 04:27P Weld County. CO ,r 14R7e 00.00 Steve Moreno Clerk &Br:G. 7 / c 2 / 1 x§;y, ? ? ] «=-J ay. \ { Page 11111111111111111 /III 1111111 III 1111111 III 111111 III till 3611555 03/18/2009 04:27P Weld County, CO 10 of 14 R 71.00 0 0.00 Steve Morenc Clef & EXHIBIT "B" EASEMENT AND RIGHT OF WAY AGREEMENT This Easement and Right of Way Agreement, made and entered into as of the -_ day of , 2009, by and between Kenneth C. Miller and Patricia A. Miller, hereinafter called "Grantor" (whether grammatically singular or plural). and The Ham Lateral Ditch Company, 7967 F. County Road 14, .Johnstown, CO 80534, hereinafter called the "Ditch Company." 1. For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Grantor hereby grants, sells, conveys and transfers to the Ditch Company, its successors and assigns, the sole. exclusive and permanent right to enter, re-enter, occupy and use the hereinafter described property to construct, reconstruct, inspect, upgrade. increase size or capacity, operate, repair. maintain, replace, remove and operate one open irrigation ditch and/or pipeline for the transmission. distribution and service of irrigation water. and all above ground and underground and service appurtenances thereto, including metering stations, vaults, enclosures, identification signs, checks, headgates, and other related fixtures, over, across, under and upon the following described land, situate in the County of Weld, State of Colorado, to -wit: PT F.2NE4 2-4-68 1.O'1' B AMD REC EXEMPT AMRE-2427 (.751(251)) SITUS: 4786 50 CR WELD 000000000 Account#: R2833404; Parcel0: 106102100029 ("Grantor's Property") The easement and right of way for ditch shall be sixty feet wide, being thirty feet on each side of the center line, or 25 feet from the top of the bank of the ditch on each side as it exists on the date of this Agreement, whichever is greater. provided however that any enlargement of the ditch by Ditch Company shall not allow cause the casement granted herein to exceed the greater of sixty feet in width or 25 feet from the top of the bank of the ditch on each side as it exists on the date of this Agreement, and provided however that for those portions of the ditch which are situated on or near the outer boundary line of Grantor's Property. the easement width shall be limited to the area lying between the centerline of the ditch and the outer boundary line of Grantor's Property. The specific location and area of the easement granted herein is described on Exhibit "A" attached hereto 2. Grantor further grants to the Ditch Company: 2.01 The right to grade the easement area for the full width thereof and to extend the cuts and fills with such grading into and on the land along and outside oldie easement to the extent as the Ditch Company may find reasonably necessary: 2.02 The right to support the ditches and pipelines across ravines and water courses with such structures as the Ditch Company shall deem necessary: 2.03 The right of ingress to and egress from the casement over and across that portion of the land of Grantor lying at the historical access point to the existing ditch being the intersection of the Easement granted herein and Weld County Road 50: 2.04 Intentionally Deleted. 2.05 The right to install. maintain and use gates and/or cattle guards in all fences which now cross or shall hereafter cross the easement: 2.06 The right to mark the location of the easement by suitable markers set in the ground; provided that any such markers remaining after the period of construction shall be placed in fences Page I0 I IIIIII IIIIII1 lilt III IIIII III IIII 3611555 03/18/2009 04:27P Weld County, CO 11 of 14 R 71.00 0 0.00 Steve Moreno Clerk & Recorde' or other locations which will not interfere with any reasonable use Grantor shall make of the easement; 2.07 All other rights necessary and incident to the full and complete use and enjoyment of the right-of-way and easement for the purposes herein granted subject to the specific terms set forth herein. 3. Grantor hereby covenants and agrees: 3.01 That Grantor shall not erect or place any permanent building. structure. improvement, fence or tree on the described easement, and the Ditch Company shall not be liable for their removal if they are so placed, and Grantor agrees, at Grantor's sole expense to so remove such items. 3.02 That Grantor shall not excavate in or near the ditch and shall not diminish the ground cover in the easement or over any water lines and shall not substantially add to the ground cover in the easement or over the water lines or their appurtenances. 3.03 Grantor shall not grant any other easement, right-of-way, permit or license upon, under or over said property without the written consent of the Ditch Company. 3.04 Grantor warrants that Grantor is the owner in tee of the above -described lands and will defend the title thereto against all claims, and that said lands arc free and clear of encumbrances and liens of whatsoever character, except the following: existing encumbrance with Guaranty Bank. 4. It is agreed by the parties: 4.01 Grantor reserves all oil, gas and other minerals in, on and under the above -described lands. and Grantor shall not grant any right in the surface or otherwise that will materially interfere with the rights and privileges herein granted to the bitch Company. 4.02 Each and every one of the benefits and burdens of this easement and right-of-way shall inure to and he binding upon the respective personal representatives, successors. and assigns of the parties hereto. 4.03 The easement includes the right to clean by mechanical, chemical or burning the ditch system, the right to deposit earth and other materials on the easement, the right to change the location of the ditch within the easement or to place the irrigation system in an enclosed pipe, provided however that any enlargement of the ditch by Ditch Company shall not cause the easement granted herein to exceed the greater of sixty feet in width or 25 feet from the top of the hank of the ditch on each side as it exists on the date of this Agreement. 4.04 Intentionally Deleted. 4.05 The Ditch Company is granted the full right and authority to cut, trim, remove, destroy, or modify any trees, shrubs. grasses, structures, fences or other items within the easementor not within the easement but which may cause a hazard within the easement. Landowner, and the homeowners association, if any, shall not plant, place or maintain any trees. shrubs. grasses, structures, fences or other items within the easement. Gates or cattle guards shall he installed in all fences so that the Ditch Company has easy passage to its ditch and facilities. The Ditch Company shall he provided keys for all locked gates. 4.06 The Ditch Company agrees not to use the easement for purposes other than for an irrigation ditch or irrigation water pipeline and will not grant the right to others to enter or use the easement, except for the purposes set forth herein as an irrigation ditch or irrigation water pipeline. 4.07 Except for the above -ground pipeline which now exists, no crossings of the ditch and no encroachments in the easement of the Ditch Company are permitted by this Agreement. except for possible future underground utilities which shall require the prior approval of Ditch Company, Page I I 1111111 IIIII 11111111111111111 III 1111111 III IIIIII III Ill 3611555 03/18/2009 04:27P Weld County, CO 12 of 14 R 71.00 0 0.00 Steve Moreno Clerk & Hero der Patricia A. Miller which approval shall not be unreasonably withheld. IN WITNESS WHEREOF the undersigned have set their hand and seal as Grantor, GRANTOR //% Kenneth C. Miller STATE OF COLORADO ss. COUNTY OF WE-F,D - The foregoing instrument was acknowledged before me this day of , 2009, by Kenneth C. Miller, and Patricia A. Miller, as Grantor. Witness my hand and official seal. — Notary Public My commission expires: Page 12 11111 IIIII 1111111 III MMIII III 111111 III IIII 3611555 03/18/2009 04:27P Weld County. CO 13 of 14 R 71.00 D 0.00 Steve Moreno Clerk & R' s:r;1r Exhibit A Legal Description An easement for the Harry Lateral Ditch, being part of Lots A and B of Recorded Exemption No. 1061-2-1 RE -4879 located in the East Half of the Northeast Quarter of Section 2, T4N. R68W of the 6,h P.M.. Weld County, Colorado, described as follows Commencing at the northwest corner of said East Half of the Northeast Quarter of Section 2, monumented with an obliterated 3' /4" aluminum cap; Thence South 89°53'05" East (bearings referenced to said Recorded Exemption No. 1061-2-1 RE -4879) for 81.99 feet along the north line of said East Half of the Northeast Quarter of Section 2 to the west line of said easement and the True Point of Beginning; Thence continuing South 89°53'05" East for 100.00 feet along said north line of the East Half of the Northeast Quarter of Section 2 to the east line of said easement; Thence along said east line the following 5 courses; 1) Thence South 53°00'58" East for 551.95 feet parallel with and 30.00 feet northeast of the common line between said Lots A and B and the centerline of said Harry Lateral Ditch; 2) Thence South 55`11'22" East for 107.84 feet parallel with and 30.00 feet northeast of said south line of Lot B and the centerline of said Harry Lateral Ditch; 3) Thence South 60°39'02" East for 158.74 feet parallel with and 30.00 feet northeast of said south line of Lot B and the centerline of said Harry Lateral Ditch; 4) Thence along a curve to the left (having a radius of 154.58 feet and a long chord bearing South 75°50'59" East for 81.05 feet) for an arc length of 82.01 feet concentric with and 30.00 feet north of said south line of Lot B and the centerline of said Harry Lateral Ditch. 5) Thence North 88°57'03" East for 139.99 feet parallel with and 30 00 feet north of said south line of Lot B and the centerline of said Harry Lateral Ditch to the east line of said Lot B. Thence South 00°07'12" West for 30 01 feet along said east line of Lot B to the southeast corner thereof and the centerline of said Harry Lateral Ditch, Thence along the south line of said Lot B and the centerline of said Harry Lateral Ditch, the following 4 courses: 1) Thence South 88°57'03" West for 139.53 feet along said south line of Lot B; 2) Thence along a curve to the right (having a radius of 184.58 feet and a long chord bearing North 75`50'59" West for 96.50 feet) for an arc length of 97.64 feet to the property corner, 3) Thence North 60°39'02" West for 160.32 feet to the property corner; 4) Thence North 55°11'22" West for 107.84 feet to the southeast corner of said Lot A: Thence South 86°10'49" West for 45.91 feet along the south line of said Lot A to the west line of said easement; Thence North 53000'58" West for 597.77 feet along the west line of said easement parallel with and 30.00 feet southwest of the common line between said Lots A and B and the centerline of said Harry Lateral Ditch to the Point of Beginning. Contains 49960 square feet (1.147 acres). LRA P:AENGINEERING10209002\SURVEY\TEXT\EASEMENT EXHIBIT FEBRUARY 25 2009 EASEMENT EXHIBIT LEGAL DESCRIPTION: An nt for tee Hurry `Itch, being part of tots A end d ra Recorded Feo, Can No. 1061-- 1 RE 4879 located ir Pia toot •l f o' the Nortneaat Damtem of Section 2, T4N. 11688 of the 6th P U., We'd County, Coin -ado, describer as to: owl ommenciey al the northwest corner of said tact Hal' at the Northeast (hu'ter cl Secret' 2. rnon,rnentro with er oofaerr. t ea 1/4" alumnum c iheme Sobth 2857'057 Lost (bearings referenced to said Recorded 1 xemptron No. 10:61-2-1 RE 4879) for 8' 99 org toe north The of sert Lost Hoff of the Northeast Quarter of Section 2 to the west line of sad easement r the True ,Dirt o Her "a Regain .. g - Thence canenurng South 89'5.'05' Lest for 100.00 feel c rang sa-d north .re of the Fast Noe < fee Northeast Ouortrn o Sechc 2 the cst e 0' old ' Thence to s. east p the n fallowing 5 courses, 1) Theme South 5:5510 5017 st fo' 051 lb feet parallel with and 30 00 feet northeast theastt o' the common - e between said lots A and B and t e c to lne el said Harry Lateral Ditch; 2) e Scat h 550127' Lost for 10724 feet paro'lel w, and 1000 feet norlheost of said south line of at 9 and Inc ce dony Lateral Otani 3) nt3)dre h'enc'e South 6839102" East for 158 74 feet pore lel w. r and 10 00 feel northeast of surd cost h line of Lot H and Centerline of s Harry Lateral Ditch,'` id 4) Thermecarve to the elf Hiving a radius of 154 58 feet and c long chord bed South 5 81 feet)9 e7 the Cast ' arc ength of 82 0' feet concentric with arid }0.00 feet north of said south lake o. p ono cer t=^�i sJa Lary La el Ditch, e o. 5) :hence North 29'51103" Lost for 139.09 feet parole with ono 30.00 feel -orth of so sol o line of Lot 9 ma the cerfeHlne nlsnld Nary Leteml ":ch to the cc& hue of said of B. thence South 00'07'12" west for 30-0' feet along sad east ine of Int a to the southeast corner thereof a the centerline of sold Harry haters. Ditch, no !hence along :he south line of sac lot B and the centerline of said Harry Lateral Drtee lie following 4 cu.r 1) c So uth oath ?85703" West for 139.53 feet along sold sosoot',Lne of Lot H; 2) inence along a cure to Hie right (having a radius of 18458 feet and a long elora bearing Norte 75'0859" West for 96.50 feu!) am an alength of 97.64 feel to the property cornea 3) e Thence North 6079'02" West far 15032 feet to the property corner, 4) Thence North 550122" west for N)/ 84 feet to the southeast corner of said Lot A. Thence th 86'10'49i N 45 9' feet along the t ne of said t A to the1 rine of said e e ll A h 00.58 Wei 59717 feet gong toe west lore old easement porollei w to and 30. CO feeta southwest of the common I.ne Setwee^ sad tots A and B e the cer erline of said urry Lateral Ditch to the Point of Begin, nng Contains 49960 squme feet !I '47 acres). N r,'thw est corner of. the Sorb Hal! of the Northeast Quarter of Section 7 74N, 8686 at the 6th >.M., We'd County, Colorado amaed MCRAE & SHORf INC 6814 SS 52 Rusr4 1995 101 -Pc nder of mark ergs oh denoted 589'53'05" E 81.99- 589'53'05"E 100.00' ,ol OLIN e t, Dipe 1_,:sirrj of f rotor, Cempeoy o0 act nn a _ 100 203 1.07 A a Weld County Rood 50 60' public right of way basis of bearing 589'53'05"E 1317.37' o° SS OOS N 9'&n SJAN OO• \ \ 9 --> 9'AN :nc-ate nail vrrthN yellow plus tic cap N : tamoad M,tt-S LS 7289 o 586'10 49 W 45.91' / /86 1455 11'22"W -19 14166> 9 \ f 6p - LEGEND ii 50 C71014 CORNER It CORNERS Sr7 (S/8" REOAR Wahl ' 1/4" YLLCN` "'LAIN IC CAP STAMPED LS 37067) • CORNERS F0900 P O.:, POINT Or COMMF NCLMENI P.O H POINT Or ItEGINNIp.O WC 811 NESS CORNER 0'1)1141 OF INIERSEC SOS ,Northeast cornet- of Secton 2. TIN, 058W 0' the 6th P.M., Weld County. Cairneau stamped'. 1994 ION 1768W 536 52 SI t4N CC 468W JONES LS 72098 1.01 B Harry Lateral Ditch 49960 Square Feet 1.147 Acres 109.84' 55CC 1.460"39 atw 1/7' its ye.low stic cup n'ar cings obliterated shown. Reception No 5335286 Frank A Kanl 7 stamped 710 3 wanes: corma') K=154.58' C=575'50'59"E LC=81 05. A=82.01' N88'503"E w 7' q 139.99' o 988'57.03"W (2 rebor with 139.53' yeilow I last. cap clamped IS /28. E88 -5503-y, (1.50 witness corneal 50.00' 150' North o' octal R=164.58' Praoert)1 corner C= 1475'50'59"W LC=96.50' A=97.64' 37067 J I LAMP RYNEARSON 808810 Street J Greeley CO 80631 4 u. A C C, P� I A T F S www I RA-Inr corn 1111111 11111 111111 1111 1111111 III 11tH11 Mall VIE 3611555 03/18/2009 04:27P Weld County, CO 14 of 14 R 71.00 0 0.00 Steve Moreno Clerk 8 Reoardn, 970.356.6362 P 970.356.6486 I F drawn byOJO surveyor FAN lob number -tasks- 0209002 dater February 23. 2009 book 09-1 page -41-45 ere name. 0209002exhibitl dwg Directors: Alex Sauer, President Bob Acker Peter Bridgman Paul Bukowski Jim Cooper Kathy Gallivan-Crist Bill Szmyd Little Thompson Water District August 16, 2013 District Manager: James C Hibbard 835E Highway 56 Berthoud, CO 805O P 970.532.2096 F 970.532.3734 www.l.Twn.org Patricia A. Jansma 4814 County Road 50 Johnstown, CO 80534 Dear Patricia This letter is in response to your request for a water service commitment for one additional lot in the location described as follows: PORTIONS OF E lh, NE 1/4, SEC.2 T4N, R68W -- WELD COUNTY, CO Located at 4814 WCR 50. The District provides water service within its service area as defined by the District. The provision of water service by extension of existing water lines of the District to the above property and the installation of taps for lots is done under the terms of the Rules and Regulations of the District established by the Board of the District from time to time. You may obtain a copy of the Rules and Regulations from the District. This letter outlines the provisions of the Rules and Regulations; however this letter does not change any provisions of the Rules and Regulations. The Board of the District may alter and amend the Rules and Regulations at any time, and the provisions of this letter are subject to alteration and amendment based on changes in the Rules and Regulations of the District. We currently serve the existing residence through tap # 8080 and have an 8" diameter water line located along WCR 50 with additional capacity available Therefore, we can commit to provide the proposed new lots, subject to the limitations in this letter, for one standard residential 5/8" X 3/4" water tap per lot; and the following additional limitations on the provision of water service are: 1. All improvements to District facilities required to provide service will be the financial responsibility of the developer in accordance with the District Rules and Regulations. All improvements must conform to District Specifications. 2. There is a $2,000 fire hydrant fee (per hydrant) that needs to be paid prior to installation of the fire hydrants. You will be responsible for any improvements or upgrades needed to meet the required fire flows in your subdivision. This commitment letter will expire two years from the date of this letter, if the tap has not been purchased, paid for and installed by that date of expiration. The current fee for the domestic 5/8" X 3/4" tap is $30,700. YOU ARE HEREBY ADVISED THAT THE RULES, REGULATIONS AND TARIFFS OF THE DISTRICT ARE SUBJECT TO CHANGE WITHOUT NOTICE; AND THIS LETTER IS ISSUED WITH THE SPECIFIC LIMITATION THAT THE DISTRICT MAY CHANGE THE RULES, REGULATIONS AND TARIFFS APPLICABLE TO THE ABOVE PROPERTY AT ANY TIME WITHOUT NOTICE TO YOU OR ANY PERSON. If you have questions, please contact me. Regards, l Michael T. Cook PE District Engineer 44( 111k COLORADO SEPTIC PERMIT INFORMATION FORM To obtain an I.S.D.S. permit, one must file an "application for Individual Sewage Disposal System" at the Weld County Environmental Health Services office and pay the application fee. A "repair" fee shall be charged for the expansion, replacement, or repair of an existing system. The following information must be provided on the septic information form. COMMERCIAL PERMIT RESIDENTIAL PERMIT I/ NEW or REPAIR $850.00 NEW or REPAIR $750.00 VAULT PERMIT MINOR REPAIR PERMIT NEW or REPAIR $250.00 $100.00 PARCEL NO.: LEGAL DESCRIPTION: SECTION A TOWNSHIP 4 RANGE &$ ACRES 6 A l (93 SUBDIVISION N IA LOT BLOCK FILING THIS INFORMATION CAN BE OBTAINED FROM THE ASSESSOR'S OFFICE AT (970) 353-3845 EXT 3650 j 00 lot- 00033 (12 DIGIT NUMBER) SILT ADDRESS 0 C'iZ v - 10Inis-roWU DIRECTIONS TO SITE ZrJ 99DV T1 -w CA-mrio4 Lpil1 - 60 VAC Dril. Ct 92 1 r �-m r PROPERTY OWNER: VM'iziCLA A • 3 4A4A L`^'Tikce A. tANI.-Oz MAILING ADDRESS: _ 2 e2 Akti /yS1i RI% CITY P f h $ ST COCO ZIP V525 213 _OO65 WORK PHONE ( ) FAXO HOME PHONE: (it ) /�_. - EMAIL ADDRESS: ?Mei GQ,NSww 0letkoD, tom ., j .._ APPLICANT NAME: -9P0916— '� - C:'Ik L c,tLS/?7 A -- MAILING ADDRESS: _ ._,CITY. ST ZIP IIOME PHONE: ( I WORK PHONE ( I - -_ FAX ( I_._ - EMAIL ADDRESS: DESCRIPTION OF BUILDING (EX: HOUSE, MOBILE HOME, MODULAR, SHOP, OFFICE) _ i-FDV.5g. IF OBTAINING A REPAIR PERMIT, WHAT IS BEING REPAIRED? NUMBER OF PERSONS _�- NUMBER OF BEDROOMS 3 BASEMENT PLUMBING YES / BATHROOMS: FULL 1.. '/. PUBLIC WATER SUPPLY YE. /NO IN FLOOD PLAIN AREA? YES / O PERCOLATION HOLES MUST RE MARKED FOR INSPECTION OR A $50.00 FEE WILL BE CHARGED CENSUS TRACT _ /: I NAME. LrTI,G 1-419/1/441,(Al U/Tte' 1215CgIGr PRIVATE WATER SUPPLY YESWELL /CISTERN PERMIT n Weld County Environmental Health Services Department 1555 N. 17th Avenue Greeley, CO 80631 Phone: (970) 304-6415 Fax: (970) 304-6411 Web: www.co.weldhealth.org Septic Permit Application Application Number: SP -1200215 App Type: HealthlResidential\New\Septic CARL JANSMA Owner Name: Parcel U: Legal Deem: Site Address: App Specific Info: 2208 ANTELOPE RD FORT COLLINS, CO 80525 JANSMA PATRICIA A 8 WULFERT KANDACE A 106102100033-R6777401 PT E2NE4 2 4 68 LOT B REC EXEMPT RE -4879 (.167D) TBD CR 50 1/2 Bathrooms 3/4 Bathrooms Basement Plumbing Full Bathrooms Location Description Number of Bedrooms Number of Persons Parcel Acres Public Water Supply Public Water Supply Utility TERMS AND CONDITIONS A permit fee, as set by separate ordiance of the Board of Weld County Commissioners, shall be required of applicants for new individual sewage disposal systems (ISDS), payable al time of application. Permit fees are non-refundable; permit applications are non -transferable. If both a building permit and an 'SOS are issued for the same properly and construction not commenced prior to the expiration date of the building permit. the ISDS permit shall expire at the same time as the building permit. If an ISDS permit is issued for a property that does not require a building permit, the ISDS permit shall expire one year after its issuance if construction on the septic system has not commenced Any change in plans or spedfications after the permit has been issued invalidates the permit unless approval is secured from the Health Officer or his/her designated agent. Expired permits can be renewed by payment of the permit fee only ii A There has been no change in the plans and specifications of the proposed system as set out in the original application or sueh change is reviewed and approved by a Division Representative. B. The surrounding land, as use or zoning has not changed so -as -lo cause the original application not to be acceptable under these regulations NOTICE The completeness of this application is conditional upon further mandatory and additional tests and reports as may be required by the Weld County Department of Public Health end Environment (WCDPHE). The issuance of the permit is subject to such terms and conditions as deemed necessary to insure compliance with rules and regulations adopted under article 10 use 25, CRS as amended. The applicant cues that the proposed system will not be totaled within 400 feet of a community sewage system The undersigned certifies that all statements made, information and reports submitted herewith are, or will be, represented to to true and correct to the best of his/her knowledge and are designed to be relied on by the WCDPHE for evaluation for purposes of issuing the permit applied for herein. Applicant further understands that falsification or misrepresentation may result in the denial of the application or revocation of any permit granted, and in legal action or perjury as provided by law. 1 0 No 2 TBD CR 50 3 2 6.963 Yes Little Thompson Water /e jit-"rs 4-- /0- y — /2— Owner/Applicant Date Report ID: EHS00056v003 Page 1 of 1 Print Date Time: 10/9/2012 11:04:53AM Application Number: Owner Name: Site Address: Percolation Rate % Ground Slope SP -1200215 JANSMA PATRICIA A & WULFERT KANDACE A TAD CR 50 0% Engineering Design Required (Y/N) Limiting Zone ft in Description Direction Soil Suitable (Y/N) N In 100 Year Flood Plain (Y/N) -V From the application Information supplied and the on -site sail percolation data the following minimum installation speafianions are required. Septic Tank /0'0" gallons Absorption Trench sq ft or Absorption Bed y4-DQ sgft Chambers: Standard Biodiffuser Trench Bed Infiltrator Quick4 Standard or Hi Capacity Trench Bed ILO BioDiffuser Arc 36 Standard or Hi Capacity Trench Bed Infiltrator Quick4 EQ36 Trench Bed Infiltrator Quick4 Plus Standard Law Profile Trench Bed All Weld County ISDS regulations apply. In addition, this permit is subject to the following additional terms and conditions: 11 QdW/t 1-o Qti`:Aete cle.4.).. NOTICE This permit is granted temporarily to allow construction to commence. This permit may be revoked or suspended by the Wald County Deparment of Public Health and Environment for reasons set forth in the Weld County Individual Sewage Disposal System Regulations including failure to meet any term or condition imposed thereon during temporary or final approval_ The ssuance of this permit does not constitute assumption by the department or its employees of liability for the failrue or inadequacy of the sewage disposal system Thls permit le non -transferable and port -refundable. Before issuing final approval of this permit the Weld County Department of Pudic Health and Evnironmenl reserves the right to impose additional terms and conditions required to meet our regulations on a continuing basis. Final permit approval is contingent upon the final inspection of the completed system by the Weld County Department of Public Health and Environment. X Environmen ealth Specialist Report ID: EHS00027v007 Print Date -Time: 10/9/2012 11:18.14AM Z Dal Dal`` Page 2 of 2 Application Number: Owner Name: Site Address: Weld County Environmental Health Services Department 1555 N. 17th Avenue Greeley, CO 80631 Phone: (970) 304-6415 Fax: (970) 304-6411 Web: weldhealth.org Septic Permit New SP -1200215 JANSMA PATRICIA A 8 WULFERT KANDACE A TBD CR 50 App Type: Health \ResidentiahNew\Septic CARL JANSMA 2208 ANTELOPE RD FORT COLLINS, CO 80525 Parcel Number: 106102100033-R6777401 PT E2NE4 2 4 68 LOT B REC EXEMPT RE -4879 (.167D) Legal Dose: App Specific Info: Application Status: In Review Applied Date: 10/09/2012 Intake Person: MSWAIN Permit Expiration Date: 10/09/2013 Location Description Repair Reason Type Application Date Septic Permit Expiration Date Waive Fees Number of Persons Number of Bedrooms Basement Plumbing Full Bathrooms 3/4 Bathrooms 1/2 Bathrooms Public Water Supply Public Water Supply Utility Parcel Acres TBD CR 50 New 10/09/2012 10/09/2013 No 2 3 No 2 0 1 Yes Little Thompson Water 6.963 Report ID: EHS00027v007 Print Date - Time: 10/912012 11:18:14AM Page 1 of 2 To: From: 10-25-12 3:03pm p. 2 of 3 w EARTH ENGINEERING COMPANY, INC. October 25, 2012 Ms. Pat Jansma (patricia.jansma@vahoo.com) 958 Snowy Plain Road Fort Collins, Colorado 80525 Re: Septic Field Observations Proposed Jansma Residence Weld County, Colorado EEC Project No. 12-01-043 Ms. Jansma: On October 25, 2012, EEC personnel observed the recently installed Individual Sewage Disposal System (ISDS) for the referenced lot. A design was submitted to your attention on May 18, 2012, which consisted of an approximately 4,480 ft2 of absorption/evapotranspiration bed area utilizing 120 High Capacity Quick -4 InfiltratorTM units. The results of our recent site observations are included with this report. At the time of the ISDS observation, 6 rows with 20 chambers per row were observed in the bed area resulting in a total number of 120 High Capacity Quick -4 chambers. One 1,000 gallon tank was installed down slope from the house with positive drainage to the distribution box. The infiltrators appeared to be relatively level at the time of our observations. At the time of our site observation, the septic system appeared to have been installed in general accordance with the septic design referenced above and dated May 18, 2012. P.O. Box 271428 FORT COLLINS, COLORADO 80527-1428 (070) 224-1522 (FAx) 663-0282 P.O. BOX 40322 COLORADO SPRINGS, COLORADO 80949-9322 (719) 442-0513 Wax) 447-9835 To: From: 10-25-12 3:03pm p. 3 of 3 Earth Engineering Company. Inc. EEC Project No. 12-01-043 October 25, 2012 Page 2 We appreciate the opportunity to be of service to you on this project. If you have any questions regarding this report or if we can be of further service to you in any other way, please do not hesitate to contact us. Very truly yours, Earth Engineering Company, Inc. Michael J. Coley, P.E. Principal Engineer Application Number: SP -1200215 Owner Name: JANSMA PATRICIA A & WULFERT KANDACE A Site Address: TBD CR 50 07 iFir) :. 4 ; ., Sota ea p1 arl�,t(—a:d,..i Cyr 1o11a- ktiw •i:' ..1,i CD\ Report ID: EHS00033v006 Print Date Time: 10/25/20121:46:07PM 44.1;a. et ;;IFLAirovk /of ko Lug - „Ad 1•% t-Page2of2 Weld County Environmental Health Services Department 1555 N. 17th Avenue Greeley, CO 80631 Phone: (970) 304-6415 Fax: (970) 304.6411 Web: weldhealth.org Septic Permit - Final Application Number: SP -1200215 Owner Name: JANSMA PATRICIA A & WULFERT KANDACE A Site Address: )SECR 50 RSiq 02 :50 App Type: Health \ResidentialWew\Septic CARL JANSMA 2208 ANTELOPE RD FORT COLLINS, CO 80525 Parcel it: 106102100033-R6777401 Legal Desc: PT E2NE4 2 4 68 LOT B REC EXEMPT RE -4879 (.167D) App Specific Info: Finaled Application Status: Ready to Final Applied Date: 10/09/2012 Issued Date: 10/15/2012 Finaled Date : Location Description Repair Reason Type Application Date Septic Permit Expiration Date Waive Fees Number of Persons Number of Bedrooms Basement Plumbing Full Bathrooms 3/4 Bathrooms 1/2 Bathrooms Public Water Supply Public Water Supply Utility Parcel Acres TBD CR 50 New 10/0912012 10/09/2013 No 2 3 No 2 0 1 Yes Little Thompson Water 6.963 Actual Installation: Septic Tank: Design Type: _C T/!n/�) S !�nD gallons Absorption Trench Absorption Bed y� Chamber Model c yt-i,4 sq ft sq ft Chambers /c2 D NOTICE The issuance of this permit does not imply compliance with other state, county, or IDcal regulatory or building requirements, nor shall it act to certify that the subject system will operate in compliance with applicable state, county and local regulations adopted persuant to Article 10, Title 25, CRS as amended, except for the purpose of establishing final approval of installed system for issuance of a local occupancy permit persuant to CRS 1973 25-10-111 (2). This permit Is npmbansfereble end nommfundodle. The Weld County Department of Public Health and Environment reserves the right to impose additional terns and conditions requited to meet our regulations on a continuing basis. Final permit approval was contingent upon the final inspection of the completed system by the Weld County Department of Public Health and Enveon :nt. X Environme Specialist Report ID: EHS00033v006 Print Date Time: 10/25/20121:46:07PM ate Page 1 of 2 June 18, 2012 Ms. Pat Jansma (patricia.jansma(a),vahoo.com) 958 Snowy Plain Road Fort Collins, Colorado 80525 Re: Additional Percolation Test Proposed Jansma Residence Weld County, Colorado EEC Project No. 12-01-043 Ms. Jansma: EARTH ENGINEERING COMPANY, INC. On June 12, 2012, an Earth Engineering Company, Inc. (EEC) representative completed the percolation testing you requested for the above referenced project. To complete the site evaluation, EEC personnel advanced one (1) soil profile boring to a depth of approximately 8 feel below present site grade and completed six (6) six-inch nominal diameter percolation test holes to depths of approximately 3 feet. The results of the percolation test and the log of the 8 feet deep boring are included with this report. The materials encountered in the profile boring at the percolation test site generally consisted of approximately 8 feet of dark brown to brown sandy lean clay soils which extended to the bottom of the completed profile boring. Approximately 24 hours after drilling, groundwater was observed in the test boring at a depth of approximately 7 feet below present site grades. The percolation test performed indicated an average percolation rate of approximately 180 minutes per inch. Weld County Health Department regulations require a percolation rate between 5 and 60 minutes per inch to use a conventional absorption system. Weld County standards also require that neither groundwater nor bedrock be encountered within 6 feet below ground surface in the area of a conventional absorption field. The test boring completed indicates the near surface site soils meet the separation from bedrock and groundwater criteria. Based on our measured percolation rates at the test site, it appears an engineered system would be required for the proposed residence. Weld County guidelines for proximity to natural and manmade site features should be addressed when siting the absorption field. P.O. Box 271428 FORT COLLINS, COLORADO 80527-1428 1970) 224•I5ZZ (FAx) 663-0282 P.O. Box 49322 COLORADO SPR,Ncs. COLORADO 80049-9322 (719) 442-6813 (FAx) 447`9635 Earth Engincenng Company, Inc. EEC Project No. 12.01.043 June 18, 2012 Page 2 We appreciate the opportunity to be of service to you in this project. If you have any questions regarding this report or if we can be of further service to you in any way, please do not hesitate to contact us. Very truly yours, Earth Engineering Company, Inc. Michael J. Coley, P.E. Principal Engineer N Not To Scole WELD COUNTY ROAD 50 to 123 War Solt Sal Sort f PERCOLATION TEST RESULTS / 1-- 240 MIN/INCH j 2-- 240 MIN/INCH / 3-- 240 MIN/INCH / 4-- 120 MIN/INCH / 5-- 120 MIN/INCH / 6-- 120 MIN/INCH AVERAGE-- 180 MIN/INCH > > B-1 RKuAINbe xr ons 41 rriaerAA .as I' I LEGEND B— 1 OOAING LOCATION SITE PHOTOS _ia T. row imams% Is koala M Carta V S PERCOLATION LOCATION DIAGRAM JANSMA RESIDENCE WELD COUNTY, COLORADO PROJECT NUMBER: 12-01-043 DATE: JUNE 2012 EARTH ENGINEERING COMPANY JANSMA RESIDENCE WELD COUNTY, COLORADO EEC PROJECT No. 12-01-043 JUNE 2012 JANSMA RESIDENCE WELD COUNTY, COLORADO PROJECT NO: 124)1443 DATE: JUNE 2012 LOG OF WRING 8.11PERC TEST NO.2) RIG TYPE: CME45 SHEET 1 CIF 1 WATER DEPTH FOREMAN: SM STMT DATE !1212012 WHILE DRILLING None AUGER TYPE: ♦' CFA FINISH DATE 0/1212012 AFTER DRILLING None SPT HAMMER: AUTO SURFACEELEV WA 24HOLR 7' SOIL DESCRIPTION o N cm me DO aLOOTO .200 writ t (FOOT) Ii, OWS011 inn D11 ICI LL 'I 1%) •of SOUR! %CI eMOOF SANDY LEAN CLAY (CL) 1 dark o0WT _ _ Si ty 2 3 brown 4 $ _6 _7_ 8 F BOTTOM OF BORING _ _ 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 May 18, 2012 Ms. Pat Jansma (patricia.iansma(rivahoo.com) 958 Snowy Plain Road Fort Collins, Colorado 80525 EARTH ENGINEERING COMPANY, INC. Re: Combined Absorption/Evapotranspiration Engineered Septic System Design Proposed Jansma Residence Weld County, Colorado EEC Project No. 12-01-043 Ms. Jansma: As requested, Earth Engineering Company, Inc. (EEC) personnel have completed the design of an Individual Sewage Disposal System (ISDS) for the referenced property. The percolation rates determined during our subsurface exploration report, sent to your attention on March 12, 2012, indicated an average percolation rate of greater than 240 minutes per inch. This report includes an engineered ISDS design based on that measured percolation rate. We understand the proposed residence will contain 3 bedrooms. Results of our original percolation testing completed at the site were reported on March 12, 2012 and indicated an average percolation rate of greater than 240 minutes per inch in the selected area for the ISDS. Neither bedrock nor groundwater was encountered in the upper six feet of the profile boring at the time of drilling. Weld County Health Department standards require that proposed ISDS areas not meeting the "suitable soil" criteria be engineered. In this case, the slow percolation rate indicated that the soil is not suitable for a conventional system, therefore the attached design was preparcd by EEC personnel. The attached combined evapotranspiration/absorption ISDS was prepared in accordance with Weld County Health Department standards utilizing the water balance method and incorporates 120 Hi -Capacity Quick -4 Infiltrator units in an approximately 4,480 ft2 bed. P.O. Box 271428 FORT COLLINS, COLORADO 60527-1 428 (970) 224-1522 (Fox) 224-4564 P.O. Box 49322 COLORADO SPRINGS, COLORADO 80949-9322 (719) 442.6813 (Fax) 447.9835 Earth Engineering Company, Inc. EEC Project No. 12.01.043 May 18, 2012 Page 2 We appreciate the opportunity to be of service to you on this project. If you have any questions regarding this report or the attached design, or if we can be of further service to you in any other way, please do not hesitate to contact us. Very truly yours, Earth Engineering Company, Inc. Michael J. Cole P.E. Principal Engineer MJC/dla Otn OerC OCC WELD COUNTY 0 F N N O F F F • PERCOLATION TEST RESULTS Zr _ O V= Z o Z «=zSz 5 i 5 5 2 pp o o N N N NN NA II III I II I d LO CO ib ! ik AVERAGE-- >240 MIN/INCH 0 z W () J 6 I O F- O 2 a fN I ■ C I 1 ISDS LOCATION DIAGRAM N O N ›- 0 O H- Z 0 Q z Looro zw zo <DI I wor Qz z� O c� w a o o a a m Q Li 0 Lit z m C U is I EARTH ENGINEERING COMPANY JANSMA RESIDENCE WELD COUNTY, COLORADO PROJECT NO: 1241.013 DATE: FEBRUARY 2012 LOG OF BORING B-3 RIG TYPE: CME4S SHEET 1 OF 1 WATER DEPTH FOREMAN: SM START DATE 2/2112012 WHILE DRILLING None AUGER TYPE: e CFA FINISH DATE 212112012 AFTER DRILLING None SPT HAMNER: AUTO SURFACE ELEV N/A 24 HOUR 6' SOIL DESCRPTION o N OU MC DO "PMTS .m6 DWELL TVM pun LeL0WSI}I Ivan 1%I ICF) LI. P1 (%1 M SSON( %Ollie PIM SANDY LEAN CLAY (CL) 1 dark broom _ _ silly 2 3 brown 4 S 8 _T_ _S_ 8' BOTTOMOF BORING _ _ 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 T5 Earth Engineering Company co co 0 0 «_ C co > , q (0 co a # — — — — — � � . I kr 2q ` , O 4$ Co !� /20 HI —Capacity Quick4 Infiltrators per row \ e c \ m f < z Ef CI) o = 0 < F \ / / / 1 z / \ \ \ < < c c z Z < E 0 0 COLORADO DATE: MAY 2012 PROJECT NO: 12-01-043 EARTH ENGINEERING COMPANY n SECTION A -A1 E E v O N u o g CD O � na cn O 0 O U I } - Z V)0 z U Q N W a 3 > zZ 01' O - W O a p I w O LL N < Q r Q < 0 01 O w z z m � U m W O O O cc Q. DATE: MAY 2012 EARTH ENGINEERING COMPANY •s t[ S 7 n< x O i a 0.0 n 00000000 �23Y4�yl�o£p PLEASE DRAW A MAP TO YOUR PROPERTY. N \PIN zfi A511 -{I311 VMA 1 Y 1X1.10214, 791a 6MGc12_ IMPROVEMENT LOCATION CERTIFICATE Legal Description Lot B, Recorded Exemption No. 1061-2-1 RE -4879 recorded April 15, 2009 at Reception No. 3616687, being a portion of the East 1/2 of the Northeast 1/4 of Section 2, Township 4 North, Range 68 West of the 6th P.M., County of Weld, State of Colorado Source: STEWART TITLE 01330-20550 Raaarl cc g4,0 it 50 S239. 5ii 4S' €. Js . Se:,)t\ Ca•Y•lL. �J \N c rre.I•t .i. 21 I'' 30' l.1 5511 22 \Aj 109.E Notes: 1) The exact location of property lines and fence lines can only be determined by a monumented boundary survey. The fence locations shown on this sketch are approximate. Ownership of fences cannot be determined by an Improvement Location Certificate. 2) Unless otherwise noted, all easements shown hereon are obtained from recorded Plat. PURCHASER: JANSMA/WULFERT ADDRESS: 4814 WCR 50, JOHNSTOWN CERTIFICATE: I hereby certify that this Improvement Location Certificate was prepared for STEWART TITLE ; that it Is not a Land Survey Plat or Improvement Survey Plat; and that it is not to be relied upon for the establishment of fence, building or other future improvements. I further certify that the improvements on the above -described parcel on this date C0-7-8-2011)) except utility connections, are entirety within the boundaries of this parcel, except as shown; that there are no encroachments upon the described premises by improvements on any adjoining premises, except as indicated; and that there Is no apparent evidence or signs of any easement crossing or burdening any part of said Parcel, except as noted. N 1..t(co 39 oz. Lk) J 1100.32- f21/4IS4•SS Lt••97I' szts.17• wee � i o&4 13q.53' David M. Poeschl LS # 17662 LENDER: GUARANTY TRUST TITLE CO: STEWART TITLE SCALE: \ �? Z(_,.' DRAWN: FILE NO.: 02048 REVISED: LANDSTAR SURVEYING, LLC. 6127 Panoramic Dr. Loveland CO 80537 (970) 667-3294 FAX: (970) 744-2087 www.landstarl/c.corn Co iao # so- st39° s? 43" a F3 �GI�Ft 7.1' 2.1 'PtTAt 1%I30' Re IPSO �c.tag. 5`U Z'Z \eu I p. A.!!oo ?9 O2 IA' 1/00.32• fast S4• Ski L.' 97h4-' s tem si a31�L !39•x3' The existing frame residence is my new construction home. The proposed dwellings are indicated by the dashes that outline a shop and another residence. The area that encompasses the two proposed buildings is approximately 2 acres and will be divided from the remaining property with a fence. The shop size will be approximately 40 x 60 and the second residence will be 2400 sq. feet. N gcr N- cr N 0 RECORDED EXEMPT/ON N.O. � Y 16°1'6,, .., 42 ,i" .or I S ,%4 < ." r4 321 Cu-rot4 S1/41 -9 .a 8 Y e 8 0 /n W H U z 12 LEGAL DESCR I FT TON 8 ij a LI if O .F1! a Pr;I ig p U4- PO nil Ill lje. zlil a J C t litP I fiill t t d 3 9 I ti t J,I!n ; s t 1 th EX 11 taf ` 1.118 lit 111 PI a 1dllP 1S . !� aD 13i .c in in O 0 o° - W J n 0 Cri Lu • (let 6 C') q jho vei LYI lei:74s t j 4 341 -rite 0.Mal a•I fiMa.a Ta O o ter O• 1J 'Q LS LU Ir 34. ',i.i . - . Li ry so QL. siE 0. a a` •M a` to 44 15 as tYy S` 'Y I lid II: ;Np 440i: i .112 t. . . ?tr.+ i4-Ut 244 se,'.., i41.42, alii 'i . -.'Nth � . 4 �3 W.1:,:,i4 i§n ii Iq-5 Y -4:5t ;wd4tb :111=1 N= 1 • argil 4 Bitty .3l V. 91146t, 4ig eg5LIS -its 15sii gi $, ..a ,l: th gi= 'pa it 7.a cis .0 Q '. •..;4. '-�. I - % . 4 R .`in ve NSIt ♦O •-.•I bthl see- rit r �a ter w fain 58 U a L ti a ul c. 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V 10.11 �r i ,: ,41.klaSs41V 4C I nt Q 76 IL 24. f lw r. 4 i 1 1 1 1 1 til PICKY0AII-VUTMMM IirJefirAlrfigirsrvimur L_ co di (T1 re' c\2 O O () Northeast ÷.) 0 tk, riN a) 4-3 W ha - O r CLU Q r ' ^ O n r� O D 75 Riej (/) J a i O t:IL .6 v3os Pooa ,.o Loa ►o )'A Pt Pooa AW503 wwyo1 .'1C r 1 citteA k 3 ki r. ry n O pktiemos ZW9tc 9 U .69.99► §IN• at .bo4 •t ,toot' Pooa ad Corn w w0p oc Pooa pu P3 P$M ,os 171 U' 7 Ilg nN9 sng .S1`99 j ,N'96C r 3 Y r- rot h N O r 6 L. bIQI Q a 5 ! 8 in ta S G - — opDJolo3 '�(luno0 PIoM I 'M99M 'Nti 'Z uot1°S ,o ,o}'on0 ;0004NoN Dill P II0H l9D3 Dili 10 Pod i a { R 1 l 9099Si uch o•JI u.+vh ,4w•,tr.I'L }3Jt) Z9C9 95( Otb (Ma) .nos vta 6,0a NOIldW3X3 030M033i! I qv. .1 4� I i I NtOI JNt•vN"I MMn; •au!'wIel�o9Sv v uowe3u,(?l 'churl ti) r VII 8 1 Certificate of Conveyances Services State of Colorado ) County of Weld Weld County Department of Planning STEWART TITLE OF COLORADO hereby certifies it has made a careful search of its record, 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 B, Recorded Exemption No. 1061-2-1 RE -4879 recorded April 15, 2009 at Reception No. 3616687, being a portion of the East 1/2 of the Northeast 1/4 of Section 2, Township 4 North, Range 68 West of the 6th P.M., County of Weld, State of Colorado CONVEYANCES (if none appear, so state): Reception No.: 3766906 Reception No.: 3467848 Reception No.: 2338966 Reception No.: 1664745 Reception No.: 1042416 Reception No.: Reception No.: Book: Book: Book: Book: Book: Book: Book: This Certificate is made for the use and benefit of the Department of Planning Services 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 OF COLORADO is hereby limited to the fee paid for this certificate. In Witness Whereof, STEWART TITLE OF COLORADO has caused this certificate to he signed by its property officer this 28 day of August, A.D., 2013, at 7:45 am., effective as of August 20, 2013. STEWART TITLE OF COLORADO BY: Authorized Signature Property Profile - Print Page 1 oft Property Profile for Account #R6777401 August28,2013 Account Information Account Parcel Space Account Type Tax Year Tax Area Buildings Actual Value Assessed Value R6777401 106102100033 0 Agricultural 2013 2371 1 77,722 7,200 Legal PT E2NE4 2 4 68 LOT B REC EXEMPT RE -4879 (.167D) Subdivision Block Lot Land Economic Area 0271 JOHNSTOWN Property Address Property City Zip Section Township Range 4814 50 CR WELD 000000000 02 04 68 Owner Information Owner(s) Address Line 1 Address Line 2 City ST Zip JANSMA PATRICIA A 2208 ANTELOPE RD FORT COLLINS CO 805253552 WULFERT KANDACE A Document History Information Reception Rec Date Type Grantor Grantee Sale Date Sale Price 3766906 05/05/2011 SWD MILLER KENNETH C JANSMA PATRICIA A 05/04/2011 150,000 Building Information Building 1 ID Type NBHD Occupancy Built As Bedrooms Baths Rooms 1 Residential 0271 Single Family Residential on Ag Permit Value 0 0 0 ID Square Ft Condo SF Total Basement SF Finished Bsmt SF Garage SF Carport SF Balcony SF Porch SF 1 1 0 0 0 0 0 0 0 ID Year Built V. Complete Stories Perimeter Units Unit Type 1 2012 35 1 0 0 http://propertyprofile.co.weld.co. us/index.html?version=2&account=R6777401 8/28/2013 Property Profile - Print Page 2 of 2 ID Length Width Make 1 0 0 ID Exterior Roof Cover Interior HVAC 1 None ID Detail Type Detail Description Units Valuation Information Type Code Description Actual Value Assessed Value Acres Land SgFt Land 4117 FLOOD IRRIGATED LAND- AGRICULTURAL 4,749 1,380 6.332 275,822 Land 4167 WASTE LAND 4 10 0.631 27,486 Improvement 4277 FARM/RANCH RESIDENCE -IMPS 72,969 5,810 0.000 0 77,722 7,200 6.963 303,308 Tax Information Tax Area District ID District Name Current Mill Levy Tax Year 2371 0100 WELD COUNTY 16.804 2013 2371 0205 SCHOOL DIST RE5J 25.790 2013 2371 0301 NORTHERN COLORADO WATER (NCW) 1.000 2013 2371 0306 LITTLE THOMPSON WATER (LTW) 0.000 2013 2371 0510 JOHNSTOWN FIRE 9.468 2013 2371 0700 AIMS JUNIOR COLLEGE 6.318 2013 2371 0901 THOMPSON RIVER REC 3.594 2013 2371 1050 HIGH PLAINS LIBRARY 3.261 2013 2371 1203 BIG THOMPSON CONSERVATION 0,000 2013 66.235 http://propertyprofile.co.weld.co.us/index.html?version=2&account=R6777401 8/28/2013 eRecorded in Weld County, CO Doc Id: 3766906 05/05/2011 04:17 P Page: 1 of 2 Total Fee: $31.00 Steve Moreno, Clerk and Recorder SPECIAL WARRANTY DEED THIS DEED, made this 4th day of May, 2011 between Kenneth C. Miller and Patricia A. Miller, of the County of Weld and State of Colorado, grantor(s), and Patricia A. Jimmie and Kandace A. Wulfert whose Legal address is 958 Snowy Plain Road, Fort Collins, CO 80525 of the County of Latimer and State of Colorado, grantee(s): WITNESS, that the grantor(s), for and in consieeratloa of the sum of ONE HUNDRED FIFTY THOUSAND AND 00/100 DOLLARS (5150,000.00), the reee:pt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the grantee(s), his/her heirs, and assigns forever, Joint Tenants, all the real property, together with improvements, if any, situate, lying and being in the County of Weld and State of Colorado, described as follows: Lot B, Recorded Exemption No. 1061-2-1 RE -4879 recorded April 15, 2009 at Reception No.3616687, being a portion of the East 1/2 of the Northeast 1/4 of Section 2, Township 4 North, Range 68 West of the 6th P.M., County of Weld, State of Colorado also known by street and number as: TDD County Road 50, Johnstown, CO 80534 TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining, and the reversion end reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the grantor(s), either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantee(s), his/her heirs, and assigns forever. The grantor(s), for himselfhherself, his/her heirs, and personal representatives or successors, does covenant and agree that THEY shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession of the grantee(s), his/her heirs, and assigns, against all and every person or persons claiming the whole or any pan thereof, by, through or under the grantor(s), subject to those matters set forth on attached schedule A and llistorcal rights of panics to access and use irrigation ditch located on the property and culvert crossing ditch. IN WITNESS WHEREOF, the grantor(s) has executed this deed on the date set forth above. Patricia A. Miller R- Y72,144_, STATE OF COLORADO I as. COUNTY OF tar, Kn.e', The foregoing instntment was acknowledged before me this May 4, 2011, by Kenneth C. Miller and Patricia A. Miller. My Commission expires: Witness my hand an trial seal AMANDA PAYNE NOTARY PUBLIC STATE OF COLORADO My Commission Expires 02/19/2012 Notary Public q5s ,sea-'/ Alan, Rd . , p'4 • Collins , CO 80s2s- SPECIAL WAWtANTY DEF.D Fret 126191TINC eRecorded in Weld County, CO Doc Id: 3766906 05/05/2011 04:17 P Page: 2 of 2 Total Fee: $31.00 Steve Moreno, Clerk and Recorder Schedule A All rights to any and all minerals, ore and metals of any kind and character, and all coal, asphaltum, oil, gas and other like substances in or under said land, the rights of ingress and egress for the purposes of mining, together with enough of the surface of the same as may be necessary for the proper and convenient working of such minerals and substances, as reserved in Patent from the State of Colorado, and any interests therein or rights thereunder. All covenants, conditions, restrictions, assessments, leases and assignments thereof, notices setting forth any violation, intention to enforce, exercise of rights of eminent domain, or enforcement action, mineral reservations and mineral leases and assignments thereof. All rights of way and easements, including, but not limited to those for roads, ditches, waterways, utilities, drainage, pipelines, railroads and avigation. Terms, conditions, provisions and obligations of Amendment to Leases and Assignments, recorded October 23, 2007 at Reception No. 3512936. Terms, conditions, provisions and obligations of Amendment to Leases and Assignments, recorded October 23, 2007 at Reception No. 3512937 Notes, easements and restrictions as shown on the Recorded Exemption No. 1061-2-1 RE - 4879. Notes, easements and restrictions as shown on the Amended Recorded Exemption No. 1061- 2.1 AMRE-2427. Right(s) of way, including its terms and conditions, whether in fee or easement only, for overhead and/or underground electric line or system, as granted to Poudre Valley Rural Electric Association, Inc., in instrument recorded January 10, 2000 at Reception No. 2743499, in which the specific location of the easement(s) is/are not defined, Oil and gas lease between Steven M. Martin and Petro -Canada Reesources recorded April 1, 2005 at Reception No. 3273542, and any interests therein or rights thereunder. Terms, conditions, provisions and obligations of Request For Notification, recorded March 16, 2009 at Reception No. 3610896. Terms, conditions, provisions and obligations of Agreement, recorded March 16, 2009 at Reception No. 3610896. Terms, conditions, provisions and obligations of Agreement, recorded March 18, 2009 at Reception No. 3611555. All notes, easements and rights of way shown on the Recorded Exemption No. 1061-2-1 RE - 4879, dated March 18, 2004. 848 r 1111111 lllll 111111111111Ill! llll fill!!! Ill lllll 1111Ill! 3467848 04/10/2007 09:164 Weld County, CO 1 of 2 R 11.00 D 0.00 Steve Moreno Clerk 8 Recorder L J Above Space Reserved for Recording III required by your jurisdiction, list above the name & address of. 1) whe'e to return this form; 2) preparer; 3) party requesting recording j Quitclaim Deed Date of this Document: ___,472/12 1 2 OD 7 Reference Number of Any Related Documents: A /`i E 2"/2 7 Grantor: Name Street Address City/State/Zip Grantee: Name Street Address I r scC Wilt(' tut/ _ / 5--o City/State/Zip—Loic&7 j.fti% 84113Z 7 e 'tied et•wiy_ ,Fir/1 121t-`O/Q• _ten -- -- �� 1 C74-1/ /e - y„/ 2114 c AI,/4, Abbreviated Legal Description (i.e., lot, block, plat or section, township, range, quarter/quarter or unit, building and condo name):.C z 1(c2- eas1 /, ,/ / "1r N. 'PI, �j � S! Cbu B�tYt �6'L� [Y� ��.�c.tltrltl-L�_ flr/�!/i 1 /'Raor G$ Wei/r/'lit 6t4 In v r/y�Cooii�i/ Co. C.otQ Assessor's Property Tax Parcel/Account Number(s): uh G e / /0 6iLa. /0 O0 THIS QUITCLAIM DEED, executed this / Tr__ , / day of ..12,2, i 20 0 7 by first party, Grantor, 1 mailing address is m) -rr e/Qs c/'L �11i/1�� _, whose second party, Grantee,,_ 4 . aiCS1 P.r_ac� 0-0 /Gv ,to — whose mailing address is . ,Par1/4_,_ _elm fen.. WITNESSETH that the said first party, for good consideration and for the sum of _ Dollars (S_ _ _) paid by the said second party, the receipt whereof is hereby acknowledged, does hereby remise, release and quitclaim unto the said second party forever, all the right, title, interest and claim, cr: 4' Pr. s« 1O99 a,., r,ps 1111111 11111 11111 111111 Illl 1111111111111 11111 lilt 1111 3467848 04/10/2007 09:16A Weld County, CO 2 of 2 R 11.00 D 0.00 Steve Moreno Clerk & Recorder which the said first party has in and tote following described parcel of land, and improvemenp and appurtenances State of _C0 / thereto in the County of _ �il�L d e_ e c a Lp f -- towit: __� v. 1!2R G q27 i � — 1 ` --W�tA_ AIL_ -------- IN WITNESS WHEREOF, the said first party has signed and sealed these presents the day and year first written above. Signed, sealed and delivered in the presence of: Signature of Witness Print Name of Witness Signature of Witness Print Name of Witness Signature of Grantor Print Name of Grantor State of _C o o a Al, o ---) County of _ $o.) e --� Q�B621L.. 9 200 �befor e te4 1*s C• f` 1 , On--_--=--� fst.�r a2 ersonal{ known to me (or proved appeared!Crru� an IA C-m,Lk_ r —ti s3 aTVatcIA Ao= .,P Y to me on the basis of satisfactory evidence) to be the person(s) whose name(s) islare subscribed to the within me in instrument by his/her/their signature(s) onnowledged to me at the elnstrument the person(s)hey executed the , or the elntityruponrbehalfrized of whichathe (ies), person(s) acted, executed the instrument. WITN.j S my hand an. gfficial seal i ature of Notary AaT Affiant /Produced Produced ID Type of_ — ID ��-- — (Seal) .,,.«s0Oain ,rim My Commission Expires Feb. 11, 2008 Page 2 el 2 ©202aSocera Meld. At L. inS' • Rt.'5 ) A.,za38966 — B 1389 RFC 02338966 06/29/93 12:51 $5.00 1/001 — F 1358 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO WARRANTY DEED THIS DEED, Made this 18th day of June 19 93, between LARRY L. CARLSON AND MICHAEL L. CARLSON of the 'County of WELD and State of Colcrado, grantor, and KENNETH C. MILLER AND PATRICIA A. MILLER whose legal address is of the County of and State of Colorado. grantees: WITNESS, that the grantor, for and r consideralion of Pe sum of ONE HUNDRED FORTY THOUSAND AND NO/100 COLLARS, co tecept and suliicency or which s hereby acknow edged, has granted, bargained, sod and convoyed, aid by these presents does grant, bargan, sell, convey and confirm unto the grantees. their heirs and assigns forever. net .n tenancy n common but in joint [errancy, all the real property, legelhen with improvements, it any, stuate, lying and being m the County of WELD and Stale or Colorado, described as rolldws PARCEL A: LOT A AS SHOWN ON THE EXEMPTION PLAT NO. 1061-2-1-RE1488 OF THE E 1/2 NE 1/4 OF SECTION 2, TOWNSHIP 4 NORTH, RANGE 68 W OF THE 6TH P.M., RECORDED JUNE 2, 1993 IN BOOK 1385 AT RECEPTION NO. 2335286, COUNTY OF WELD, STATE OF COLORADO. also known ty street and number as 4786 WELD COUNTY 50 LOVELAND, CO 80537 TOGETHER with all and singular the hereditarrents aro apponerarces h ereamo belonging, or in anywise appertaining and the ravers on, and revers'ons, remainder and remainders, rents. issuasand Profits thereof. and a I the estate. right, tine, interest clam and demand whatsoever of the grantor, ether in law o' equiy, or, in and a re accve bargained e'en^ ses, with the hereditaments and appurtenances, TO HAVE AND TO HOLD the said p'em see above bargained and described, with One eppeenances, unto' me grantees, their heirs and assigns forever. And the grantor, for himself, h s tiers and personal rep'esenacves, does covenant, grant, bargain and agree to and wile :he grantees. their heirs and assigbs, that al the time of the ensea irg and detvery of these presents he is well seized of the premises above conveyed, has good, sure, perfect, absolute and inCefoasibo estate et inner lance, in law, in fee simple, and has good right, full power and lawful authority to grant oarga:n sal and convey the same in manner and torn aforesaid, and mat Ms same are tee and dear from all former and ether grants, barge r15, sales. .ens, fatesassessments, emcurnbrances and restrictions of what- ever Sind or nature soevo', except general taxes for the current year and subsequent years subject to restrictions, reservations. and covenants of record and except easements and rights of way of record. i' any, and except The granter Shall and will WARRANT AND FOREVER DEFEND lie above -Carta 'do premises in tre quiet and peaceable possession of the grantees, their hairs and assigns, against al! and every person or persons lawfully c amng the whet or any part (hereof. The singular romper shalt include ire plural, tie plea the sing, err, and the use o1 arty gender shall be apt:matte to all genders. WITNESS WHET FPa grantor nos exccuteacts deed on no dale set IoMabove. 5 ?IAay Pr I ARTY L. ARLS'JN J MICHAEL L. CARLSON BY MICHAEL L. CARLSON AS HIS ATTORNEY IN FACT STATE OF COLORADO COUNTY OF LARIMER The foregoing instrument was ackncatedgod before pre die _8th by LARRY L. CARLSON and MICHAEL L. CARLSON /BY MI .. L L. CARLSON AS HIS ATTORNEY IN FACT 'II in Denver, insert 'City 55. WARRANTY DEED fTo Joint Tena day o' June Witness pry nand and °heiat seat, Vy cammisson expres December 23rd fN:OrY nuNe KIERSTI TAYLOR 7 .1993 .1994 440 4.0 r -t e N 0 0 1 O1 75 W One. war ,743 ,Recorded at. lgQ' gO/ o'clock Reception Na.. 121.005 Tuns DEED, Made this Ist IS 75. between ARTHUR J. MARTIN, a/k/a 1cRTIIUR MARTIN, and NELLIE B. MARTIN, husband and wife, ao JUL 101975 Recorded at �..___._ o'clock Rae. No. 16641745 S. Lea Shelves, Jr., Recorder —I JUL 3 1975 BK b 5Z ran 2L{3 'rpyey.e.. �...ocJtecorder. yof July, of the County of Larimer and State of Colorado, of the first part, and LARRY L. CARLSON and MICHAEL L. CARLSON, Stole_Qocusnentory Fee JUL 101975 Dote_____. $. j% ,la1�llt ICI is 10 JUL 3 1975 f /a, oe of the County of Larimer and State of Colorado, of the second part: WITNESSETH, that the said part les of the lint part, for and In consideration of the sum of Ten Dollars ($10.00) and other valuable considerations -0Ab6ARRr to the said part its of the first part ie hand paid by the said parties of the second part, the receipt whereof Is hereby confessed and acknowledged, hare granted, bargained, sold and conveyed, and by these preeente do grant, bargain, sell, convey and confirm onto the said patties of the second part, their heirs and assigns forever, not In tenancy In common but In joint tenancy, all the following described lot or parcel of land, situate, lying and being fa.the County of :Weld and State of Colorado, to wit: The Eta of the NEty of Section 2, Township .4 North, Range 68 West of the 6th P.M., together with and including 10 shares of the capital stock of the Consolidated Home Supply Ditch and Reservoir Company; and 4 shares of the capital stock of the Harry Lateral Ditch Company. Also, including an undivided k interest in and to a::certain stock well located on the Wt1 of said NE: providing the pipes from said well to the above described premises are kept and maintained underground below'plow depth by the grantee herein. Reserving to Arthur J. Martin, his heir administrators,. personal representatives and assigns,,td of all the oil, gas and other,mineral rights in and under said lauds, together with the necessary rights of way in connection therewith. Also, all of Arthur J. Martin's interest in and to an -agreement with Irehe Sealock as to the use of a pipeline bringing irri- gation water to the above described property. _ TOGETHER with all and singular the hereditament and apptirfeoancea thereunto belonging, or In anywise appertaining, the reversion and reversions, remainder and remainders, rents, Issues and profits thereof; and all the estate, right, title, interest, claim and demand what never of the said part ies of the first part, either In law or equity, of, in and to the above bargained premises, with the hereditament, and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the said parties of the second part, their heirs and assigns forever. And the said part ies of the first part, for them- sel ves , their heirs, executors, and administjators'do .. covenant, grant, bargain and agree to and with the said parties of the second port, their heirs and assigns,, that nt the time of the caseating and delivery of these pres- ents they are well seized of the premises above conveyed, as of good. cure; perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and ha we good light, full po'veriand lawful, authority to grant, bar- gain, sell and convey the same in manner and form aforesaid, and that the samdare free And clear from all former and other grants, bargains, sales, liens, taxes, assessment Lnd encumbrances of bhatever kind or nature savior, except Subject to 1975 taxes payable in 1976, agreements, reservations and re- strictions of record, and existing easements, if any. n and the above bargained premises in the quiet and peaceable possession of the laid parties of the second part, their heirs and assigns, against all and every person or persons lawfully claiming or to claim the whole or any part thereof, the said part ice of the first part shall and will WARRANT AND FOREVER DEFEND. IN WITNESS WHEREOF the said parties of the first part gave f hereunto set Chetrhaods and awls the day aad year first above written. Signed, Sealed and Delivered in the Presence of STATE OF COLORADO, u. County of Larimer. Arthur J. D / ant/ a SEAL] SEAL] rthur Martin '22c a-lelJc. Nellie B. Martin husband and wife SEAL] This foregoing instrument was acknowledged before me this let day of July, ..>lgf]�$ If9•... Arthur J. Martin, a/k/a Arthur Martin, and Nellie B. Martin, husband ,`,1V71 qty wmpi,ieldn expires August 1 , 19 76. Witness my hand and official seaL �0_ Saav't;, Ptotui P40 t1"!.. N wAPRANrr DEED —To -feint Tenenla-.a,adferd Pewlehhe Co.. :sre.ee Stout Street. Den.rson acting In yer. Celnretlu trill -O l l —9-toy or as attorney -in -let then blunt nrson or ame fere D on ras aname sod executor,ayynornoy'In-faames t If by ct or other teaacit or destive or cription afloat by 'Meer or car - partition, then Insert ' 1. or . cch o flEor or otetised 6e se the president or other off teens of such corporation. namine ii.-Realufary �nt op OCT %,- r Recorded at... I o'clock oM t35 rAGElu0 Reception No....104,44..1 (r .. k7 SPOM E)? Recorder Tins DEED, Mode thin sikteenth day of September In the year of our Lord one thousand nine hundred and forty-eight. between Nels Martin and .Mamie Martini his wife of the County of Larinter ana State of Colorado, of the first ➢art, and Arthur Martin of the said County of 11:Peldand State of Colorado, of the second part: WITNESSETH, That the said parties of the first part, for and in consideration of the sum of Six Thousand Dollars and other valuable considerations XOBOOT& to the said part d'es of the Brat part in (rand paid by the said party of the second part, the receipt whereof is hereby confessed end acknowledged, ha Ve granted, bargained, sold and conveyed, and by these presents do grant, bargain, sell, convey and confirm, unto the said part y of the second part, heirs and assigns forever, all the following described lot or parcel of land, situate, lying and being in the said County of ;Weld _ and State of Colorado, to -wit: The East Half (E$) of the Northeast Quarter (NE+) of Section Two (2), Township Four (4) North Range Sixty - Eight (68) West of the Sixth Principal Meridian, together with and including ten (10) shares of the Capital stock of the Consolidated Home Supply Ditch and Reservoir 'Company, and four (4) shares of the capital stock of the Harry Lateral Ditch Company. Also, including an un- divided one-half (f) interest in and to a certain stock well located on the West half of said Northeast Quarter providing the pipes from said well to the above described premises are kept and maintained underground below plow depth by the grantee herein. TOGETHER with all and singular the hereditament. and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right, title, interest, claim and demand whatsoever of the said parties of the first part, either in law or equity, of, in and to the above bargained premises, with the hereditament, and appurtenances. TO HAVE AND TO HOLD the said promises above bargained and described, with the appurtenances, unto the said part y of the second part, hiS heirs and assigns forever. And the sold part ieS of the first part, for them selves heirs, executors, and administrators, do covenant, grant, bargain, and agree to and with the said part y of the second part, his heirs and assigns, that at the time of the ensealing and delivery of thew presents, ere well seized of the premises above conveyed, as of good, sure, .perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and ha Vw good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form es aforesaid, and that the same are free and clear from all former and other grants, bargains, sees, liens, taxes, assessments and encumbrance,' of whatever kind or nature soever. Il2C L) i' • Go 6 * ✓ 0 and the above bargained premises In the quiet and peaceable possession of the said part y or the second part, his heirs and assigns against all and every person or persons lawfully claiming or to claim the whole pr any part thereof, the said parties of the first part shall and will WARRANT AND FOREVER DEFEND. IN WITNESS WHEREOF, the said part ies of the first pert ha ve hereunto set their hands and seals the day and year first above written. Signed, Sealed and Delivered In the Presence of STATE OF COLORADO vim.. rri %11Qifrtt t mfael. ttit- es. County of Lorimar The fdiegoing,inatrumont was acknowledged before ms this 18th b�'ey,Nels Martin and Mamie Martin biCw(nnrlasion expires 4,- . (SEAL) (SEAL) (SEAL) day of September January 19 , 1949• Witness my hand and official seal. M' Nete> Public. No. 982. WAX MANiy Seen. for Pbtloerepele grate. —Ma an4feeLRoblmoe Pw. Co.. Hfra Robintoni Leal Menke, 1824 Maul at,, newer, cow. : \ ,� .m _ 77 / _e _, ° a- , \, ( fs __, .«�. I \ /w�=.,.,. \-- ,: \{2( ®©,?.m d d.: . . »ter CDOD Cri j _ §\ • / % kg 1 §yg ) From: Sandy Heil <mook00(aZIke _coni> Date: September 18, 2013, 8:06:00 PM MDT To: Toni Parko Jr. <iparko a co.weld .co.us> Cc: Douglas Rademacher <DRademacher it Li) weld CO.us> Subject: Jansma request for RE Mr. Parko, We are the property owners on the East side of the Jansma-Wulfort property. It is our understanding that the lot size for the RE that is being submitted by Patricia Jansma is not to Weld County code. We feel that allowing this Recorded Exemption will de -value our land by having a smaller than code lot with a dwelling. All neighboring residences in the area are at least 3 acres or larger. The proposed site is directly in front of our front door. We are also wondering why Mr. Glen Fritzler has any say in this matter. He does not live in this area and we are the bordering property owners who will be affected. Please note that we are strongly objecting to this RE being passed. We have our life savings invested in this property in the country and do not wish to have another house crowded in between the Jansma-Wulfort house and ours. We understand there is to be a hearing on this matter and we request to be notified so we may attend. Thank you, Gary and Sandra Stoner Hello