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Home My WebLink About20120412.tiff RESOLUTION RE: APPROVAL OF SUBDIVISION EXEMPTION, SUBX11-0010 - BB COLORADO HOLDINGS, LLC, CIO DAVE BURROUGHS, DBA DAVE'S OIL FIELD CONSTRUCTION, LLC WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board of County Commissioners, pursuant to its authority under Section 30-28-101(10)(d), C.R.S., and Section 24-1-20 of the Weld County Code, did determine at a public meeting held in the Chambers of the Board, that certain parcels of land to be divided, as shown on the plat known as Subdivision Exemption, SUBX11-0010, does not come within the purview of the definition of the terms, "subdivision" and "subdivided land," and WHEREAS, the request for Subdivision Exemption, SUBX11-0010, was submitted by BB Colorado Holdings, LLC, 1628 Garner Chapel Road, Mount Olive, North Carolina, 28365, c/o Dave Burroughs, dba Dave's Oil Field Construction, LLC, 28339 County Road 44, Kersey, Colorado 80644, being represented by AGPROfessionals, LLC, 4350 State Highway 66, Longmont, Colorado 80504, for property which is located in part, being more particularly described as follows: W1/2 E1/2 of Section 32, Township 4 North, Range 64 West of the 6th P.M., Weld County, Colorado NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the above described parcels of land be, and hereby are, declared to be exempt from the definitions of "subdivision" and "subdivided land" as set forth in Section 30-28-101(10), C.R.S., and Section 24-1-40 of the Weld County Code. BE IT FURTHER RESOLVED by the Board that approval of Subdivision Exemption, SUBX11-0010, submitted by BB Colorado Holdings, LLC, do Dave Burroughs, dba Dave's Oil Field Construction, LLC, being represented by AGPROfessionals, LLC, be, and hereby is, conditional upon the following: 1. Prior to recording the plat: A. The applicant shall address the requirements of the Weld County Department of Public Health and Environment, as stated in the referral dated January 16, 2012. The applicant shall supply a map depicting the correct septic permit number for each proposed parcel. B. The applicant shall submit a joint ownership access and/or operation maintenance agreement for the shared well (Permit# 107652-A) between this Subdivision Exemption, SUBX11-0011, and Lot D of RECX11-0055. This agreement shall be delineated on the plat (along with recording information) and an appropriate certificate using the language set forth in the Weld County Code, Appendix 24-F.2, shall be included. Z-eJ . UR ' PI, 1PPVi 2012-0412 SUBX11-0010 3 cj- la SUBDIVISION EXEMPTION, SUBX11-0010 - BB COLORADO HOLDINGS, LLC, C/O DAVE BURROUGHS, DBA DAVE'S OIL FIELD CONSTRUCTION, LLC PAGE 2 C. The applicant shall address the requirements of the Weld County Department of Building Inspection, as stated in the referral received December 29, 2011. Written evidence of such shall be provided to the Department of Planning Services. D. The applicant shall address the requirements of Platte Valley School District RE-7, as stated in the referral received January 10, 2012. Written evidence of such shall be provided to the Department of Planning Services. E. The applicant shall address the requirements of the Colorado Division of Water Resources, as stated in the referral dated January 9, 2012. Written evidence of such shall be provided to the Department of Planning Services. F. The applicant shall provide the Weld County Department of Planning Services with a Statement of Taxes from the Weld County Treasurer showing no delinquent taxes exist for the original parcel. 2. Items to be included on the plat: A. The plat shall be titled: Subdivision Exemption No. SUBX11-0010. B. Show the access and label it with the approved access permit number (AP#). This will be provided when a revised application form is received. C. County Road 40 is designated on the Weld County Road Classification Plan as a local gravel road, which requires 60 feet of right-of-way at full buildout. There is presently 60 feet of right-of-way. A total of 30 feet from the centerline of County Road 40 shall be delineated as right-of-way on the plat. 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. This road is maintained by Weld County. D. The Subdivision Exemption Lot shall comply with the two and one- half (2.5) acre net minimum lot size required by Section 24-8-40.L of the Weld County Code. E. The following notes shall be placed on the plat: 1) This Subdivision Exemption was approved, in conjunction with Recorded Exemption RECX11-0055, for the purpose of dividing off a second set of existing residential improvements from the parcel. 2) All proposed or existing structures will, or do, meet the minimum setback and offset requirements for the Zone District in which the 2012-0412 SUBX11-0010 SUBDIVISION EXEMPTION, SUBX11-0010 - BB COLORADO HOLDINGS, LLC, C/O DAVE BURROUGHS, DBA DAVE'S OIL FIELD CONSTRUCTION, LLC PAGE 3 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 2006 International Building Code, shall be constructed within a 200-foot radius of any tank battery or within a 150-foot radius of any wellhead. Any construction within a 200-foot radius of any tank battery, or 150-foot radius of any wellhead, shall require a variance from the terms of Section 23-3- 10 of the Weld County Code. 3) Any future structures or uses on the site must obtain the appropriate zoning and building permits. 4) Potential purchasers should be aware that the lot may not be eligible for a domestic well permit which allows for outside irrigation and/or the watering of stock animals. The Colorado Division of Water Resources issues all well permits. 5) Potential purchasers should be aware that groundwater may not meet all drinking water standards, as defined by the Colorado Department of Public Health and Environment. The Weld County Department of Public Health and Environment strongly encourages well users to test their drinking water prior to consumption and periodically thereafter. 6) 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 Subdivision Exemption number. 7) 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. 8) The approved configuration of the Subdivision Exemption Lot does not constitute justification for further land splits. 9) Building permits shall be obtained prior to the construction of any building. Buildings that meet the definition of an Agricultural Exempt Building, per the requirements of Sections 29-1-20 and 29-3-20.B.13 of the Weld County Code, do not need building permits; however, a Certificate of Compliance must be filed with the Department of Planning Services and an electrical and/or 2012-0412 SUBX11-0010 SUBDIVISION EXEMPTION, SUBX11-0010 - BB COLORADO HOLDINGS, LLC, 0/O DAVE BURROUGHS, DBA DAVE'S OIL FIELD CONSTRUCTION, LLC PAGE 4 plumbing permit is required for any electrical service to the building or water for watering or washing of livestock or poultry. 10) Effective April 25, 2011, building permits issued on the proposed lot will be required to adhere to the fee structure of the County- Wide Road Impact Fee Program. 11) Effective April 25, 2011, building permits issued on the proposed lot will be required to adhere to the fee structure of the County Facility Fee and Drainage Impact Fee Programs. 12) The Weld County Right to Farm Statement, as it appears in Section 22-2-20,J.2 of the Weld County Code, shall be placed on the plat. 3. The applicant shall submit two (2) paper copies of the plat for preliminary approval to the Weld County Department of Planning Services. Upon approval of the paper copies, the applicant shall submit a Mylar plat, along with all other documentation required as Conditions of Approval. The Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder by the Department of Planning Services. The plat shall be prepared in accordance with the requirements of Section 24-8-60 of the Weld County Code. The Mylar plat and additional requirements shall be submitted within sixty (60) days from the date of the Board of County Commissioners Resolution. The applicant shall be responsible for paying the recording fee. 4. The Department of Planning Services respectfully requests a digital copy of this Subdivision Exemption, as appropriate. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles or ArcGIS Personal GeoDataBase (MDB). The preferred format for Images is .tif (Group 4). (Group 6 is not acceptable). This digital file may be sent to maps@co.weld.co.us. 2012-0412 SUBX11-0010 SUBX11-0010 - BB COLORADO HOLDINGS, LLC, C/O DAVE BURROUGHS, DBA DAYS OIL FIELD CONSTRUCTION, LLC PAGE 5 - DRAFT The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 13th day of February, A.D., 2012. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST:'', -62 Sean. Coair Weld County Clerk to the Board William %Garcia, Prp-T m BY: E 1. r I 7/ Deputy lf'-rk to the Boa ITV ,� �` *A`L, �1,pt ��.v = a Kirkmeyer/ tit ? I4a APPROV'. AS T�� • 1 ♦ . Q { vi E.E. Long / �►urity tto ey 6,, \[f4 c..:r...� Douglas ademac r Date of signature: 3 -i / a 2012-0412 SUBX11-0010 ?861 MEMORANDUM f' = Ire TO: Board of County Commissioners I'i ' DATE: February 8, 2012 oc,uNTY , FROM: Chris Gathman—Planner Ill SUBJECT: Consideration of Recorded Exemptions RECX11-0055 & RECX11-0056 & Subdivision Exemptions SUBX11-0010 & SUBX11-0011 Attached to this memo are requests for (2) two Four (4) Lot Recorded Exemptions along with two (2) Subdivision Exemptions to divide off an existing residence on two (2) adjacent parcels. If approved, this would create a total of ten (10) parcels. Recorded Exemption RECX11-0055 & SUBX11-0010 are proposed to be located within the W2E2 of Section 32 while Recorded Exemption RECX11-0056 & SUBX11-0010 are proposed to be located in the E2E2 of Section 32. Staff has attached the recommendations for each of these applications separately to this memo but will present these applications together at the Monday, February 1e Board meeting. 2012-0412 r COUNTY DEPARTMENT OF PLANNING SERVICES SUBDIVISION EXEMPTION ADMINISTRATIVE REVIEW Applicant: Dave's Oil Field Construction LLC Case Number SUBX11-0010 Request: Subdivision Exemption in Conjunction with Recorded Exemption No. RECX11-0055 Legal Description: W2E2 of Section 32, T4N, R64W, Weld County, Colorado Parcel Number: 1053 32 000010 Parcel size: +/- 3.67 acres Planner: C. Gathman Criteria Checklist Meets Criteria Yes No NA X 1. The proposal is consistent with the policies of Chapter 22 of the Weld County Code. X 2. The boundary change or temporary use location which would be allowed on the subject property by granting the request will be compatible with the surrounding land uses. X 3. In those instances when used pursuant to 24-8-30.A.1 of the Weld County Code, the request is the best alternative to dispose of existing improvements in conjunction with the companion Recorded Exemption. X 4. A lot being created for the purpose of financing will not result in the creation of a lot to be sold, shall be at least one acre in size, and will no longer exist upon termination of the financing arrangements. The Department of Planning Services staff has reviewed this request and recommends that this request be denied for the following reasons: 1. It is the opinion of the Department of Planning Services staff that the applicant has not shown compliance with the following criteria as listed in Section 24-8-40.A through 24-8-40.O of the Weld County Code: Section 24-8-40.J: "The proposal is consistent with sound land use planning practices." - The number of lots to be created (a total of 10 if this recorded exemption along with the other pending applications is consistent with urban scale subdivision or Planned Unit Development (PUD). This parcel is not located within an urban growth boundary or Intergovernmental Agreement boundary of any municipality. Additionally, there are no existing subdivisions or PUDs that are adjacent to this site. While staff acknowledges that there are a total of six (6) existing residences on these parcels (a nonconforming application). Staff believes that the SERVICE,TEAMWORK,INTEGRITY,QUALITY recorded exemption and subdivision exemption process (through a 2-lot recorded exemption and subdivision exemption process) can be used to divide off these residences without creating additional residential building sites that are not consistent with the rural character of the surrounding area. Section 24-8-40.K: "The proposal is consistent with the Statement of Purpose as expressed in Section 24-1-30 of this Chapter." A. Assisting orderly and integrated development. B. Promoting the health, safety and general welfare of the residents of the County. E. Encouraging well-planned subdivisions by establishing adequate standards for design and improvement. G. Safeguarding the interests of the public, the homeowner and the subdivider. Staff believes that the number of lots proposed is an urban scale development and should be reviewed through the PUD process. The recorded exemption process is an exemption from the subdivision process and is not adequate to address issues such as but not limited to access maintenance, school bus pullouts and drainage concerns. There is also not a public notice requirement for recorded exemptions which is required for urban scale PUDs to allow neighbors and the public to express their concerns/issues with the development. Additionally, the applicant has the ability to divide of the existing residences through a 2-lot recorded exemption and a subdivision exemption on each parcel. Should the Board of County Commissioners approve this request, the Department of Planning Services staff recommends the following conditions be attached: 1. Prior to recording the plat: A. The applicant shall address the requirements of the Weld County Department of Public Health & Environment as stated in their referral dated January 16, 2012. The applicant shall supply a map depicting the correct septic permit number for each proposed parcel. B. The applicant shall submit a joint ownership, access and/or operation maintenance agreement for the shared well (Permit # 107652-A) between this subdivision exemption, subdivision SUBX11-0011 and Lot D of RECX11-0055. This agreement shall be delineated on the plat (along with recording information) and an appropriate certificate using the language set forth in the Weld County Code, Appendix 24-F.2 shall be included. C. The applicant shall address the requirements of the Weld County Department of Building Inspection as stated in their referral received 12/29/2011. Written evidence of such shall be provided to the Department of Planning Services. D. The applicant shall address the requirements of the Platte Valley RE-7 School District as stated in their referral received January 10, 2012. Written evidence of such shall be provided to the Department of Planning Services. E. The applicant shall address the requirements of the Colorado Division of Water Resources as stated in their referral dated January 9, 2012. Written evidence of such shall be provided to the Department of Planning Services. SERVICE,TEAMWORK,INTEGRITY,QUALITY F. The applicant shall provide the Weld County Department of Planning Services with a Statement of Taxes from the Weld County Treasurer showing no delinquent taxes exist for the original parcel. 2. Items to be included on the plat: A. The plat shall be titled: Subdivision Exemption No. SUBX11-0010 B. Show the approved access on the plat and label it with the approved access permit number (AP#). This will be provided when a revised application form is received. C. County Road 40 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. There is presently 60 feet of right-of-way. A total of 30 feet from the centerline of County Road 40 shall be delineated right-of-way on the plat. 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. This road is maintained by Weld County. D. The Subdivision Exemption Lot shall comply with the two and one-half (2 1/2) acre net minimum lot size required by Section 24-8-40.L of the Weld County Code. E. The following notes shall be placed on the plat: 1) This Subdivision Exemption was approved in conjunction with Recorded Exemption RECX11-0055 for the purpose of dividing off a second set of existing residential improvements from the parcel. 2) 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 2006 International Building Code, shall be constructed within a 200-foot radius of any tank battery or within a 150-foot radius of any wellhead. Any construction within a 200-foot radius of any tank battery or 150-foot radius of any wellhead shall require a variance from the terms of the Section 23-3-10 of the Weld County Code. 3) Any future structures or uses on site must obtain the appropriate zoning and building permits. 4) Potential purchasers should be aware that the lot may not be eligible for a domestic well permit which allows for outside irrigation and/or the watering of stock animals. The State Division of Water Resources issues all well permits. SERVICE,TEAMWORK,INTEGRITY,QUALITY 5) Potential purchasers should be aware that groundwater may not meet all drinking water standards as defined by the Colorado Department of Public Health and Environment. The Weld County Department of Public Health and Environment strongly encourages well users to test their drinking water prior to consumption and periodically there after. 6) 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 Subdivision Exemption number. 7) 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. 6) The approved configuration of the Subdivision Exemption Lot does not constitute justification for further land splits. 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.B.13 of the Weld County Code do not need building permits, however, a Certificate of Compliance must be filed with the Planning Department and an electrical and/or plumbing permit is required for any electrical service to the building or water for watering or washing of livestock or poultry. 8) Effective April 25, 2011, 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) Effective April 25, 2011, 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) 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 SERVICE,TEAMWORK,INTEGRITY,QUALITY 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. 3. The applicant shall submit two (2) paper copies of the plat for preliminary approval to the Weld County Department of Planning Services. Upon approval of the paper copies the applicant shall submit a Mylar plat along with all other documentation required as conditions of approval. The Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder by Department of Planning Services' Staff. The plat shall be prepared in accordance with the requirements of Section 24-8-60 of the Weld County Code. The Mylar plat and additional requirements shall be submitted within sixty (60) days from the date of the Board of County Commissioners resolution. The applicant shall be responsible for paying the recording fee. 4. The Department of Planning Services respectfully requests the surveyor provide a digital copy of this Subdivision 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 maosco.weld.co.us. SERVICE,TEAMWORK,INTEGRITY,QUALITY 5. The Weld County Department of Planning Staffs approval of this Subdivision Exemption is based upon satisfying the above conditions. Should an applicant be unwilling or unable to meet any one of these conditions, within 60 days of approval, then this case will be forwarded to the Board of County Commissioners with a recommendation for denial. By Date: February 8, 2012 Chris Gathman — Planner Ill SERVICE,TEAMWORK,INTEGRITY,QUALITY • • SUBDIVISION EXEMPTION (SE) APPLICATION FOR PLANNING DEPARTMENT USE DATE RECEIVED: RECEIPT/AMOUNT# /$ CASE#ASSIGNED: APPLICATION RECEIVED BY PLANNER ASSIGNED: TYPE OF EXEMPTION REQUESTED (check one) Q Property line adjustment Q Public Utility Facility O Used with Recorded Exemption Q Oil and Gas Production Facilities 0 Financing Purposes 0 Telecommunication Antenna Tower Facilities Parcel Number 1 0 5 3 . 3 2 . 0 0 0 . 0 1 0 (12 digit number-found on Tax I.D.information,obtainable at the Weld County Assessor's Office,or www.co.weld.co.us) Legal Description W2E2 Section 32 4 64 , Township North, Range , West Has the property been divided from or had divided from it any other property since August 30, 1972? Yes Q No Is this parcel of land, under consideration, the total contiguous land owned by the applicant? Yes Q No 0 FEE OWNER(S) OF THE PROPERTY: Name: BB Colorado Holdings, LLC Work Phone# 913-676-8752 Home Phone# Email Address Address: 9000 W. 67th ST City/State/Zip Code Merriam, KS 66202-3700 APPLICANT OR AUTHORIZED AGENT(See Below:Authorization must accompany applications signed by Authorized Agent) Name: Dave's Oil Field Construction, LLC Work Phone# 303-549-4034 Home Phone# Email Address Address: 28339 WCR 44 City/State/Zip Code Kersey, CO 80644 I (We) hereby depose and state under penalties of perjury that all statements, proposals, and/or plans submitted with or contained within the application are true and correct to the best of my(our)knowledge. Signatures of all fee owners of property must sign this application. If an Authorized Agent signs, a letter of authorization from all fee owners must be included with the application. If a corporation is the fee owner, notarized evidence must be included showing the signatory has to legal authority to sign for the corporation. I (we), the undersigned hereby request the Department of Planning Services to review this Subdivision Exemption on the above described unincorporated area of Weld County. /z�2(1 ignature: Own or Authori Agent Date Signature: Owner or Authorized Agent Date -4- AA • • AGPROfessionals, LLC ■■ DEVELOPERS OF AGRICULTURE Dave's Oil Field Construction Subdivision Exemption Narrative The proposed Subdivision Exemption is used in conjunction with a Recorded Exemption to separate two existing residences from a single parcel. The SE will allow a residence currently part of an exempt agricultural to have a separate parcel. ENGINEERING, SURVEYING, PLANNING & CONSULTING 4350 Highway 66 Longmont,CO 80504 970.535.9318/ office 970.535.9854/fax www.agpros.com • • EXIST. OIL & EXIST. OIL & COUNTY ROAD 40 CAS. AG. ACCE5 COUNTY ROAD 40 OAS, AG. ACLEs5�- SO-FOOT R.O.W. SOUTH SIDE 5/' 30-FOOT R.O.I. SOUTH SIDE TD BE CLOSED i0 BE CLOSED/� s\ OF SECTION LINE EXIST. RES. ACCESS OF SECTION LINE EXIST. RES. ACCE S f '\I PROPOSED ACCESS �... PROPOSED ACLES r EXIST. OIL & GAS. AG. ACCESS LOTS A. B AND Cm.w EXIST. OIL k GAS. AG. ACCESS LOTS A, B AND C , PROPOSED USR AND LOT D PROPOSED UDR AND LOT ❑rWrgrI2 sib: ACCESS PRO 9 ACCESS PROPOSED LOT C i EXIST. RES. ACCESS LOT I A 8.8 CRES EXIST. RES. ACCESS IIN Ur PROPOSED ACCESS SE LOT ACRES PROPOSED ACCESS SE LOT 1 Uti PROPOSED _ LOT B �- I ;A°°' PROPOSED 0.44 ® ACRES --DDT— ® SE LOT 3.87 ® ® ® ACRES 1 ® Cat g B 12 I p PROPOSED °! { LOT 0 C 143.20 i \ ACRES st® ©-- Q Q 3 i ® ® e ° ® ® s ® ® I ® ® 6 r r. � �- N N 4, W__ E W_ BEFORE I, AFTER ", 4., S S DATE: DAVE'S OIL FIELD CONSTRUCTION 12/01 ■■IAGPROfessionals, LLC SHEET NO. DEVELOPERS OF AGRMATUAE SE - WEST EST 1 0 EXIST OIL eE COUNTY ROAD 40 GP ACCES ��\30—FOOT R.O.W. SOUTH SIDE TO CLOSED am OF SECTION LINE EXIST. RES. ACCESS . 1 PROPOSED ACCESS EXIST. OIL & GAS, AG. ACCESS LOTS A, 2 AND C 2 \N s6,�o uz, / PROPOSED USR AND LOT D PROPB�cD'� -0 ' ACCESS 1 N.rNo PROPOSED a LOT C a LOT A 6.64 .ACRES 2.75 gEXIST. RES. ACCESS eist•ACRES m t ' PROPOSED ACCESS SE LOT PROPOSEii!5; ' LOT B Im / —\PROPOSED 3.44mazica ACRES omww WI - SE LOT 3.67 slams ungzs, ACRES anaminan �� ® g \ICI E PROPOSED P LOT D 143.20 \ ACRES --1,..,k7 CS I N.�.d.. 1 o- 'ITIMI .j°�E >1. IC LIB\S •w.a. V_/� $ I N.E..... I r fr I N r WIN 4 n $ IN..n..« I I Wee.. I 9103 I N.an s., I I WO. I N 7-- m � ' i` l— we ,, 4111/4 sn- S DATE: DAVE'S OIL FIELD CONSTRUCTION 12/01 LEAGPROfessionals, LLC SHEET NO. DEVELOPERS OF AGRICULTURE RE '' WEST 1 n ��O�y Weld County Public Works Dept. • 4 1111HStreet ACCESS PERMIT it 0 P.O. Box 758 G V �- Greeley, CO 80632 APPLICATION FORM �(/C*JO Phone: (970)304-6496 Fax: (970)304-6497 Applicant Property Owner(If different than Applicant) Name Dave Burroughs C/O AGPROfessionals, LLC Name BB Colorado Holdings, LLC Company Dave's Oil Field Construction,LLC Address 9000 W 67th ST Address 28339 WCR 44 City Merriam State KS Zip 66202-3700 City Kersey State Co Zip 80644 Phone 913-676-8752 Business Phone 303-549-4034 Fax Fax E-mail E-mail tnaylor@agpros.com ♦= Existing Access A= Proposed Access Parcel Location &Sketch The access is on WCR 40 Nearest Intersection:WCR 40 &WCR 53 WCR Distance from Intersection IY15 feet Parcel Number 105332000010 Section/Township/Range W2E2 32-4-64 Is there an existing access to the property?OYES NO0 N 3 Number of Existing Accesses 1 Road Surface Type&Construction Information Asphalt n Gravel n Treated Fl Other WCR Culvert Size &Type Materials used to construct Access Construction Start Date Finish Date Proposed Use Temporary(Tracking Pad Required)/$75 ❑Single Residential/$75 0 Industrial/$150 uSmall Commercial or Oil& Gas/$75 Large Commercial/$150 ❑Subdivision/$150 El Field (Agriculture Only)/Exempt Is this access associated with a Planning Process? ONo ❑USR ORE OPUD ['Other 5C- Required Attached Documents -Traffic Control Plan -Certificate of Insurance -Access Pictures (From the Left, Right, &into the access) By accepting this permit,the undersigned Applicant, under penalty of perjury,verifies that they have received all pages of the permit application;they have read and understand all of the permit requirements and provisions set forth on all pages;that they have the authority to sign for and bind the Applicant,if the Applicant is a corporation or other entity;and that by virtue of their signature the Applicant is bound by and agrees to comply with all said permit requirements and provisions, all Weld County ordinances, and state law! regarding facilities construction. Signature Printed Name Date Approval or Denial will be issued in minimum of 5 days. Approved by Revised Date 6/29/10 Submit by Email (itWeld County Referral 111k December 28, 2011 COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant: BB Colorado Holdings, LLC, Case Number: SUBX11-0010 do Dave's Oil Field Construction. LLC Please Reply By: January 25, 2012 Planner: Chris Gathman Project: Subdivision exemption to divide off a residence-in conjunction with RECX11-0055. Location: South of and adjacent to County Road 40& 1/4 mile west of County Road 53. Parcel Number: 105332000010-R4286986 Legal:W2E2 SECTION 32, T4N, R64W 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. ( 1 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. Comments: Upon review of my case files and computer under the above parcel number, no violations were noted. Bethany Salzman 01/03/2012 Signature Date Agency Zoning Compliance Officer Weld County Planning Dept. 1555 N 17th Ave,Greeley,CO.80631 (970)353-6100 ext.3540 (970)304-6498 fax From: 01/09/2012 04:19 #147 P.003/006 • Weld County Referral 111k December 28,2011 OCCORADO The Weld County Department of Planning Services has received the following item for review: Applicant BB Colorado Holdings, LLC, Case Number: SUBX11-001D c/o Dave's Oil Field Construction- LLC Please Reply By: January 25,2012 Planner: Chris Gathman Project: Subdivision exemption to divide off a residence-in conjunction with RECX11-0055. Location:South of and adjacent to County Road 40&1/4 mile west of County Road 53. Parcel Number: 105332000010-R4286986 Legal:W2E2 SECTION 32, T4N, R64W 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. Comments: No Problems Noted. �/ 1/3/2012 Signature ,Q� N � Date Platte Va ley Fire Prote Ion District Agency Weld County Planning Dept. 1555 N 17e Ave,Greeley,CO.80631 (970)353-6100 ex23540 (970)304-6498 fax • - RECEIVED MEMORANDUM SAN ° ��» 1861 Weld County Plarmr:g Department TO: Chris Gathman, Planning Services DATE: Januair1X, AWE • FROM: Donald Carroll, Engineering Administrator Lo(/ Public Works Department T-Y SUBJECT: SUBX11-0010, BB Colorado Holdings, LLC do Dave's Oil Field Construction LLC 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 40 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. REQUIREMENTS: Pursuant to Chapter 15, Articles I and II of the Weld County Code, if 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. All vegetation, other than grasses, needs to be maintained at a maximum height of 12 inches until the area is completely developed. Show the approved access on the plat and label it with the approved access permit number (AP#). This will be provided when a revised application form is received. FLOOD HAZARD DEVELOPMENT STANDARDS: This area IS NOT in a Special Flood Hazard Area (SFHA) as determined by the Federal Emergency Management Agency (FEMA). M:\PLANNING-DEVELOPMENT REVIEW\-2011 Planning Referrals\SUBX11\SUBX11-0010.docx Memorandum TO: Chris Gathman, W.C. Planning c 0 U NTTY DATE: January 16, 2012 FROM: Lauren Light, W.C. Department of Public Health and Environment CASE NO.: SUBX11-0010 NAME: BB Colorado Holdings, LLC Environmental Health Services has reviewed this proposal to create a 3.67 acre subdivision exemption (SE) lot in conjunction with RECX11-0055. The existing residence is served by a stock well (permit 107562-A) which will need to be repermitted through the State Division of Water Resources. This is the same well permit that was submitted for SUBX11-0011. A shared well agreement is required if the two SE lots will share a well. An individual sewage disposal system provides sewage disposal and it appears septic permit G19750825 was submitted for both this SE lot as well as proposed lot B of RECX11-0056. The applicant shall supply a map depicting the correct septic permit number for each proposed parcel. The following conditions are recommended to be part of any approval: 1. The applicant shall supply a map depicting the correct septic permit number for each proposed parcel. 2. The well permitted as 107562-A shall be repermitted to allow for residential uses. 3. The application materials indicate that the two houses are proposed to share a common well. Therefore, the applicant shall submit a document providing for shared well operation and maintenance by both parcels of land. The declaration shall be recorded and the recordation number indicated on the plat. A joint easement agreement shall be indicated on the plat. Additionally, please note the following: 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. 2. This application is proposing wells as its source of water. The applicant should be made aware that while they may be able to obtain well permits 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 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. 3. All septic systems must be located on their respective lots and meet all lot line set back requirements. 11111011111 IIIII!111111 llii[III!III 11111 ill/lilt • 3783a09 08101/2011 1127A Weld Caunry,CO 409 1 or 13 R 71110 C 68 .00 Steve Morano Clerk& Recorder State Documentary Fee When recorded,return to: Date BB Colorado Holdings LLC I62R Garners Chapel Road $ (pa!I•GO Mt.Olive,NC 23365 Attn: Edward Kaesuta SPECIAL WARRANTY DEED THIS DEED, dated as z'q 2011, between PLUSS LEASING COMPANY LLC, a Colorado limited liabi ity company("Grantor"),and BB COLORADO HOLDINGS LLC,a Colorado limited liability company,whose address is 1628 Garners Chapel Road,Mt.Olive,North Carolina 28365("Grantee"). WITNESS, that Grantor, for the consideration of the sum of Ten and 00/100 Dollars (S10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant,bargain,sell,convey and confirm unto Grantee,forever,all the real property,together with improvements situate,lying and being in the County of Weld,and State of Colorado,described as follows: SEE F-XHIBIT A'rATTACHED HERETO AND INCORPORATED HEREIN BY THIS REFERENCE (the"Property") TOGETHER WITH all and singular the hereditaments and appurtenances thereunto belonging, or in any ways appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, end all the estate, right, title, interest, claim and demand whatsoever, of the Grantor,either in law or equity,of, in and to the above bargained premises,with the hereditaments and appurtenances; EXCEPTING AND RESERVING unto Grantor all oil, gas, coal and other minerals underlying the Property and all rights relating thereto,including the right to use of the surface to extract the same; provided such surface use shall not unreasonably interfere with the use and enjoyment of the Property by the fee owners and their tenants; TO HAVE AND TO HOLD the said premises above bargained and described,with the appurtenances, unto the Grantee, its successors and assigns forever. Grantor, for itself, its successors and assigns, does covenant and agree that it shall and will WARRANT AND FOREVER DEFEND the above bargained premises in the quiet and peaceable possession of the Grantee,its successors and assigns,against all and every person or persons claiming the whole or any part thereof, by, through or under the Grantor, except for and subject to the "Permitted xce ttons",which shall mean(a)real property taxes for 2011 and subsequent years,a lien,not yet due and payable;(b)any matter of record or not of record that in any way affects title to the applicable parcel of Property which resulted from the acts or omissions of Grantee or ConAgra Poultry Company; and (c) the reservations, exceptions, easements, rights of way, 4estrictive covenants, conditions and other matters listed as Permitted Exceptions on Exhibit B attached hereto. Zs IbL49d' (.12283 l.A0Oi3]S.D(K:p I11110011111111111111111111111111(III1111111111IIII IIII 3783489 0810112011 11:27A Weld County,CO 2 of 13 R 71.00 D 691.00 Steve Moreno Clerk&Recorder • IN WITNESS WHEREOF,the Grantor has executed this deed on the date sct forth above. PLUSS LEASING COMPANY LLC,a Colorado limited liability company By: Q _ ' ' V Douglas luss,Manager STATE OF COLORADO ) \ )5s. COUNTY OF 1)9J-el u-a_nJ ) +A The foregoing instrument was acknowledged before me this 25 day of U 2011 by Douglas A. Nun as Manager of PLUSS LEASING COMPANY LLC,a Co radfimited liability company. Witness my hand and official seal. My commission expires: I 1—O2-2O I I - r :,, •o oir Notary Public • l!w i t Ac s :c 3 . AIM Y. . ;p: I)2285.1.M67453s.00C I I 2 • 1311014111911110.111:111)Alsivtlailvelidliookriiirtity01,1ccillkilailiTcoLer 3 el 13 71.00 0 691.00 EXHIBIT A PARCEL I (P&A Farm): ALL OF SECTION 30,TOWNSHIP 5 NORTH,RANGE 64 WEST OF THE 6TH P.M., COUNTY OF WELD,STATE OF COLORADO EXCEPT THAT PORTION AS SET FORTH IN DEED OF DEDICATION RECORDED JUNE 23,2011 AT RECEPTION NO.377581 I PARCEL 2(P&A Farm): THEE 1/2 OF THE SE 1/4 AND THAT PART OF THE S 1/2 OF THE NE 1/4 OF SECTION 28,TOWNSHIP 5 NORTH,RANGE 64 WEST OF THE 6TH P.M.,COUNTY OF WELD, STATE OF COLORADO,DESCRIBED AS FOLLOWS: BEGINNING AT THE E 1/4 CORNER OF SAID SECTION 28,SAID POINT BEING THE TRUE POINT OF BEGINNING,AND CONSIDERING THE EAST LINE OF THE NE 1/4 AS BEARING N 00°26'00"W,WITH ALL OTHER BEARINGS CONTAINED HEREIN RELATIVE THERETO: THENCE N 89°34'35"W ALONG THE SOUTH LINE OF SAID NE 1/4 1331.3 FEET; THENCE N 00°18'07"W,59.92 FEET;THENCE S 89°48'22"B,1331.09 FEET TO A POINT ON THE EAST LINE OF SAID NE I/4;THENCE S 00°26'06"E ALONG SAID EAST LINE 65,26 FEET TO THE TRUE POINT OF BEGINNING. EXCEPT THAT PORTION AS SET FORTH IN DEED OF DEDICATION RECORDED JUNE 23,2011 AT RECEPTION NO.3775811 PARCEL 3(P&A Farm): PART OF THE SW 1/4 OF THE SW 1/4 OF SECTION 19,TOWNSHIP 5 NORTH,RANGE 64 WEST OF THE 6TH P.M.,COUNTY OF WELD,STATE OF COLORADO,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SW CORNER OF SAID SECTION 19 AND CONSIDERING THE SOUTH LINE OF SAID SECTION 19 AS BEARING N 89°06'49"W,WITH ALL OTHER BEARINGS CONTAINED HEREIN RELATIVE THERETO: THENCE S 89°06'49'1 E ALONG THE SOUTH LINE OF SAID SECTION 19,863.99 FEET TO THE TRUE POINT OF BEGINNING;SAID POINT BEING THE INTERSECTION OF THE SOUTH LINE OF SECTION 19 AND AN EXISTING COUNTY ROAD RUNNING NORTHEASTERLY.THENCE NORTHEASTERLY ALONG THE CENTERLINE OF THE EXISTING COUNTY ROAD BY THE FOLLOWING 2 COURSES AND DISTANCES; THENCE N 54°43'56"E,456.92 FEET;THENCE N 76°08'29"E,30.85 FEET;THENCE S 00°0T 57"W,277.45 FEET TO A POINT ON THE SOUTH LINE OF SAID SECTION 19; , (331N3J.AC41453&D0C,I I A-1 1 111111 11111till RIlIIIIIIII11111 NI1111 • 3783409 08/01/2017 17:27A Weld County,CO 4 of 13 fl 71.00 D b91.00 Steve Moreno Clerk&Recorder THENCE N 89°06'49"W,ALONG THE SOUTH LINE OF SAID SECTION 19,402.82 FEET TO THE TRUE POINT OF BEGINNING. PARCEL 4(P-K Farm): ALL THAT PART OF THE S 1/2 OF SECTION 9,TOWNSHIP I NORTH,RANGE 65 WEST OF THE 6TH P.M.,COUNTY OF WELD,STATE OF COLORADO,LYING EAST OF THE BEEBE DRAW CANAL PARCEL 5(P-K Fanny LOTS 17 AND 18,BLOCK 44,TOWN OF HUDSON,COUNTY OF WELD,STATE OF COLORADO, EXCEPT THOSE PORTIONS OF LOTS 17 AND 18,BLOCK 44 IN THE TOWN OF HUDSON,COUNTY OF WELD,STATE OF COLORADO,LYING WESTERLY OF A LINE COMMENCING AT A POINT ON THE SOUTH LINE OF LOT IS,15.0 FEET EASTERLY OF THE SW CORNER OF SAID LOT 18 AND EXTENDING TO A POINT ON THE NORTH LINE OF LOT 17,30.0 FEET EASTERLY OF THE NW CORNER OF SAID LOT 17. PARCEL 6(Muss Turkey Farm): THEE 1/2 OF SECTION 32,TOWNSHIP 4 NORTH,RANGE 64 WEST OF THE 6TH P.NL, COUNTY OF WELD,STATE OF COLORADO, EXCEPT THE NORTH 30 FEET OF THE FOLLOWING DESCRIBED PROPERTY: THAT PART OF THE NW 1/4 OF THE NE 1/4 OF SECTION 32,TOWNSHIP 4 NORTH, RANGE 64 WEST OF THE 6TH P.M.,DESCRIBED AS FOLLOWS: BEGINNING AT THE NE CORNER OF SAID NW 1/4 OF THE NE 1/4;THENCE WEST ALONG THE NORTH SECTION LINE OF SAID SECTION 32,40 FEET;THENCE SOUTH AT RIGHT ANGLES TO THE NORTH SECTION LINE OF SAID SECTION 32,200 FEET; THENCE EAST PARALLEL TO THE NORTH SECTION LINE OF SAID SECTION,40 FEET;THENCE NORTH AT RIGHT ANGLES TO THE NORTH SECTION LINE AND PARALLEL TO THE EAST LINE OF SAID SECTION,200 FEET TO THE POINT OF BEGINNING. PARCEL 7(Sandy Hills Farm): THE NW 1/4 OF SECTION 17,TOWNSHIP 4 NORTH,RANGE 64 WEST OF THE 6TH P.M.,COUNTY OF WELD,STATE OF COLORADO 31233.3.A0474115-O0Cd) A-2 •• I1111111111111111111111IIIIII IIII1111111111111111111111 3783409 08/0112011 11:27A Weld County,CO 6 of 13 R 71.00 0 691.00 Steve Moreno Clerk&Recorder PARCEL 14(P-K Farm): LOTS 25 THROUGH 27,BLOCK 37,TOWN OF HUDSON,WELD COUNTY,COLORADO EXCEPT THOSE PORTIONS OF LOTS 25,26 AND 27 IN BLOCK 37 IN THE TOWN OF HUDSON,WELD COUNTY,COLORADO,LYING WESTERLY OF A LINE COMMENCING AT A PONT ON THE SOUTH LINE OF LOT 27,96.9 FEET EASTERLY OF THE SOUTHWEST CORNER OF SAID LOT 27 AND EXTENDING TO THE NORTHEAST CORNER OF LOT 25,COUNTY OF WELD,STATE OF COLORADO. PARCEL 15(P-K Fann): LOTS 29 THROUGH 32,BLOCK 37,TOWN OF HUDSON,WELD COUNTY,COLORADO, EXCEPT THOSE PORTIONS OF LOTS 29 THROUGH 32,INCLUSIVE IN BLOCK 37 IN THE TOWN OF HUDSON,WELD COUNTY,COLORADO,LYING WESTERLY OF A LINE COMMENCING AT A PONT ON THE SOUTH LINE OF LOT 32,50.0 FEET EASTERLY OF THE SOUTHWEST CORNER OF SAID LOT 32 AND EXTENDING TO A POINT ON THE NORTH LINE OF LOT 29,87.5 FEET EASTERLY OF THE NORTHWEST CORNER OF LOT 29,COUNTY OF WELD,STATE OF COLOR Imo. t51U1.A041535.DOC:Ir A-3 111111111111 111111 tIll!!IIII 111111111 IIIII lit]Ili! • 3783409 08/01/2011 11:27A Weld County,CO 6 of 13 R 71.00 0 691.00 Steve Moreno Clerk&Recorder EXHIBIT B I. RIGHT OF WAY FOR COUNTY ROADS 30 FEET ON EITHER SIDE OF SECTION AND TOWNSHIP LINES,AS ESTABLISHED BY THE BOARD OF COUNTY COMMISSIONERS FOR WELD COUNTY,RECORDED OCTOBER 14,1889 IN BOOK 86 AT PAGE 273. 2. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED JANUARY 28, 1920,IN BOOK 511 AT PAGE 403.(PARCEL I) 1. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED SEPTEMBER I1,1920,IN BOOK 595 AT PAGE 137.(PARCEL I) 4. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED MARCH 16,1922,IN BOOK 595 AT PAGE 473.(PARCEL I) 5. RIGHT OF WAY FOR GILMORE DITCH AS ESTABLISHED AND/OR USED. (PARCEL 1) 6. RIGHT OF WAY EASEMENT AS GRANTED FOR TILE LINE IN INSTRUMENT RECORDED JUNE 04,1923,N BOOK 710 AT PAGE(18.(PARCEL I) 7. •RIGHT OF WAY EASEMENT AS GRANTED TO WELD COUNTY N INSTRUMENT RECORDED JUNE 07,1939,IN BOOK 1046 AT PAGE 28.(PARCEL 1) 8. UNDIVIDED 1/2 INTEREST IN AND TO ALL OIL,GAS AND OTHER MINERALS AS RESERVED IN DEED RECORDED DECEMBER II, 1943,IN BOOK 1122 AT PAGE 589,AND ANY AND ALL ASSIGNMENTS THEREOF OR INTERESTS THEREIN. (PARCEL I) 9. UNDIVIDED 1/2 INTEREST IN AND TO ALL OIL,GAS AND OTHER MINERALS AS RESERVED IN DEED RECORDED APRIL 28, 1952,IN BOOK 1329 AT PAGE 560, AND ANY AND ALL ASSIGNMENTS THEREOF OR INTERESTS THEREIN.(PARCEL I) 10. UNDIVIDED 114 INTEREST IN AND TO ALL OIL,GAS AND OTHER MINERALS AS RESERVED IN DEED RECORDED MARCH 16, 1965,UNDER RECEPTION NO. 1458800 N BOOK 537,AND ANY AND ALL ASSIGNMENTS THEREOF OR INTERESTS THEREIN.(PARCEL I) II. RIGHT OF WAY EASEMENT AS GRANTED TO POUDRE VALLEY RURAL ELECTRIC ASSOCIATION,INC.IN INSTRUMENT RECORDED JUNE 06,1972,UNDER RECEPTION NO.1591075 IN BOOK 669.(PARCEL 1) III23J.1.Ae47411$.JJOCI I B-1 11111111111111011�I��l I�iif it/1111110111111��!�� • 3783409 08/01/2011 11:274 Weld County,CO 7 of 13 R 71.00 0 691.00 Steve Moreno Clerk&Recorder 12. RIGHT OF WAY EASEMENT AS GRANTED TO POUDRE VALLEY RURAL ELECTRIC ASSOCIATION,INC.IN INSTRUMENT RECORDED JULY 21, 1972,UNDER RECEPTION NO. 1594047 IN BOOK 672.(PARCEL 1) 13. RIGHT OF WAY EASEMENT AS GRANTED TO POUDRE VALLEY RURAL ELECTRIC ASSOCIATION,INC.IN INSTRUMENT RECORDED NOVEMBER 24,1975, UNDER RECEPTION NO.1675369 IN BOOK 753.(PARCEL I) 14. RIGHT OF WAY EASEMENT AS GRANTED TO POUDRE VALLEY RURAL ELECTRIC ASSOCIATION,INC.IN INSTRUMENT RECORDED SEPTEMBER 06, 1977, UNDER RECEPTION NO. 1729626 IN BOOK 808.(PARCEL I) 15. RIGHT OF WAY EASEMENT AS GRANTED TO POUDRE VALLEY RURAL ELECTRIC ASSOCIATION,INC.IN INSTRUMENT RECORDED SEPTEMBER 06,1977, UNDER RECEPTION NO. 1729629 IN BOOK 808.(PARCEL 1) 16. RIGHT OF WAY EASEMENT AS GRANTED TO POUDRE VALLEY RURAL ELECTRIC ASSOCIATION,INC.IN INSTRUMENT RECORDED NOVEMBER 21, 1978, UNDER RECEPTION NO..1773389 N BOOK 851.(PARCEL 1) 17. UNDIVIDED I/3 INTEREST N AND TO ALL OIL,GAS AND OTHER MINERALS AS RESERVED IN DEED RECORDED MARCH 29, 1983,UNDER RECEPTION NO. 1921666 IN BOOK 992,AND ANY AND ALL ASSIGNMENTS THEREOF OR INTERESTS THEREIN.(PARCEL t&2) 18. UNDIVIDED 1/3 INTEREST IN AND TO ALL OIL,GAS AND OTHER MINERALS AS RESERVED N DEED RECORDED MARCH 29,1983,UNDER RECEPTION NO. 1921667 IN BOOK 992,AND ANY AND ALL ASSIGNMENTS THEREOF OR INTERESTS THEREIN.(PARCEL I&2) 19. UNDIVIDED 1/3 INTEREST IN AND TO ALL OIL,GAS AND OTHER MINERALS AS RESERVED IN DEED RECORDED MARCH 29,1983,UNDER RECEPTION NO. 1921668 IN BOOK 992,AND ANY AND ALL ASSIGNMENTS THEREOF OR INTERESTS THEREIN.(PARCEL I &2) 20. RIGHT OF WAY EASEMENT AS GRANTED TO POUDRE VALLEY RURAL ELECTRIC ASSOCIATION,INC.IN INSTRUMENT RECORDED AUGUST 09, 1983, UNDER RECEPTION NO. 1936467 IN BOOK 1004.(PARCEL I &2) 21. RIGHT OF WAY EASEMENT AS GRANTED TO NATURAL GAS ASSOCIATES IN INSTRUMENT RECORDED MARCH I3,1985,UNDER RECEPTION NO.2001736 N BOOK 1061.(PARCEL 1) 22. RIGHT OF WAY EASEMENT AS GRANTED TO ASSOCIATED NATURAL GAS IN INSTRUMENT RECORDED APRIL 12,1988,UNDER RECEPTION NO.2137575 IN BOOK 1192.(PARCEL I) 1J22HJ.1.Aa71JJS,WC;II B-2 11111111111111111111111 1111111111111111111111111111111 • 3783409 08/01/2011 11:27A Weld County, CO. 8 of 13 A 71.00 0 691.00 Steve Moreno Clerk&Recorder 23. MAP RECORDED NOVEMBER 17,1987 AT RECEPTION NO.2'21382(PARCEL 1) 24. RIGHT OF WAY EASEMENT AS GRANTED TO POUDRE VALLEY RURAL ELECTRIC ASSOCIATION,INC.IN INSTRUMENT RECORDED DECEMBER 16, 1991, UNDER RECEPTION NO.2272293 IN BOOK 1320.(PARCEL I) 25. RIGHT OF WAY EASEMENT AS GRANTED TO POUDRE VALLEY RURAL ELECTRIC ASSOCIATION,INC.N INSTRUMENT RECORDED DECEMBER 26,1991, UNDER RECEPTION NO.2273195,2273196 AND 2273197.(PARCEL I) 26. TERMS,CONDITIONS AND PROVISIONS OF AGREEMENT RECORDED MAY 30,2007 AT RECEPTION NO.3479174.(PARCEL 1) 27. RIGHT OF THE PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM,SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES HEREBY GRANTED,AND A RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES,AS RESERVED IN UNITED STATES PATENT RECORDED NOVEMBER 08, 1921 IN BOOK 511 AT PAGE 550.(PARCEL 2) 28. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED NOVEMBER IS, 1921,IN BOOK 511 AT PAGE 551.(PARCEL 2) 29. RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES AS RESERVED N UNITED STATES PATENT RECORDED AUGUST 3 t, 1893,N BOOK 51 AT PAGE 229.(PARCEL 2) 30. UNDIVIDED 1/2 INTEREST IN AND TO ALL OIL,GAS AND OTHER MINERALS AS RESERVED IN DEED RECORDED OCTOBER 14, 1958,N BOOK ISIS AT PAGE 97, AND ANY AND ALL ASSIGNMENTS THEREOF OR INTERESTS THEREIN. 31. RIGHT OF WAY EASEMENT AS GRANTED TO POUDRE VALLEY RURAL ELECTRIC ASSOCIATION,INC.IN INSTRUMENT RECORDED SEPTEMBER 06,1977, UNDER RECEPTION NO. 1729628 IN BOOK 808.(PARCEL 2) 32. UNDIVIDED I/6 INTEREST IN AND TO ALL OIL,GAS AND OTHER MINERALS AS RESERVED N DEED RECORDED MARCH 29, 1983,UNDER RECEPTION NO. 1921666 N BOOK 992,AND ANY AND ALL ASSIGNMENTS THEREOF OR INTERESTS THEREIN.(PARCEL 2) 33. UNDIVIDED 1/6 INTEREST IN AND TO ALL OIL,GAS AND OTHER MINERALS AS RESERVED N DEED RECORDED MARCH 29, 1983,UNDER RECEPTION NO. pt33.3A0<ta95.00 I B-3 • 11111111i 3783409 08/01/2011 11:27A Weld Count/,CO 9 of 13 R 71.00 0 691.00 Steve Moreno Clerk&Recorder 1921667 IN BOOK 992,AND ANY AND ALL ASSIGNMENTS THEREOF OR INTERESTS THEREIN.(PARCEL 2) 34. UNDIVIDED U6 INTEREST IN AND TO ALL OIL,GAS AND OTHER MINERALS AS RESERVED IN DEED RECORDED MARCH 29,1983.UNDER RECEPTION NO. 1921668 IN BOOK 992,AND ANY AND ALL ASSIGNMENTS THEREOF OR INTERESTS THEREIN.(PARCEL 2) 35. OIL AND GAS LEASE RECORDED FEBRUARY 11,1980 UNDER RECEPTION NO. 1816542 IN BOOK 895 AND ANY AND ALL ASSIGNMENTS THEREOF,OR INTEREST THEREIN.(PARCEL 2) NOTE:EXTENSION OF THE ABOVE LEASE AS CLAIMED BY AFFIDAVIT OF PRODUCTION WAS RECORDED SEPTEMBER 17,1994 UNDER RECEPTION NO. 1981910 IN BOOK 1043.(PARCEL 2) 36. ALL OIL,GAS,MINERALS AND OTHER MINERAL RIGHTS AS RESERVED IN INSTRUMENT RECORDED DECEMBER 16,1986,UNDER RECEPTION NO.2080879 IN BOOK 1138.(PARCEL 2) 37. PLAT RECORDED NOVEMBER 17,1987 AT RECEPTION NO.212138 I IN BOOK 1176(PARCEL 2) 38. TERMS,CONDITIONS AND PROVISIONS OF RESERVATION AND OBLIGATIONS IN DEED RECORDED OCTOBER 16,1882 IN BOOK 36 AT PAGE 114. (PARCEL 3) 39. RIGHT OF WAY EASEMENT AS GRANTED FOR DITCH USE IN INSTRUMENT RECORDED JULY 24, 1905,IN BOOK 212 AT PAGE 205.(PARCEL 3) 40. RIGHT OF WAY EASEMENT AS GRANTED TO UNITED STATES OF AMERICA IN INSTRUMENT RECORDED FEBRUARY 23,1949,IN BOOK 1057 AT PAGE 252. (PARCEL 3) 41. ALL OIL,GAS,MINERALS AND OTHER MINERAL RIGHTS AS RESERVED IN INSTRUMENT RECORDED MAY 23, 1986,UNDER RECEPTION NO.2054786 IN BOOK 1114.(PARCEL 3) 42. PLAT RECORDED NOVEMBER 17,1987 AT RECEPTION NO.2121383 IN BOOK 1176(PARCEL 3) 43. RESERVATIONS MADE BY UNION PACIFIC RAILWAY CO,N DEED RECORDED FEBRUARY 25, 1889,IN BOOK 77 AT PAGE 489,PROVIDING SUBSTANTIALLY AS FOLLOWS:RESERVING UNTO SAID COMPANY AND ITS ASSIGNS ALL COAL THAT MAY BE FOUND UNDERNEATH THE SURFACE OF LAND HEREIN DESCRIBED AND THE EXCLUSIVE RIGHT TO PROSPECT AND MINE FOR (322R31.A0074535.WC;1) B-4 M1111 illlllllllIIIIlliD1111111 • 3783409 08101/2011 11:27A Wald County,CO 10 0l 13 R 71.00 0 891.00 Steve Moreno Clark 8 RECarda[ SAME,ALSO SUCH RIGHT OF WAY AND OTHER GROUNDS AS MAY APPEAR NECESSARY FOR PROPER WORKING OF ANY COAL MINE THAT MAY BE DEVELOPED UPON SAID PREMISES AND FOR TRANSPORTATION OF COAL FROM SAME.(PARCEL 4) 44. RIGHT OF WAY EASEMENT AS GRANTED TO BEEBE CANAL IN INSTRUMENT RECORDED JANUARY 11,1910,UNDER RECEPTION NO. 149820. (PARCEL 4) 45. RIGHT OF WAY EASEMENT AS GRANTED TO FARMERS RESERVOIR AND IRRIGATING CO IN INSTRUMENT RECORDED DECEMBER I I,1914,IN BOOK 406 AT PAGE 282 AND JUNE 24,1915 IN BOOK 417 AT PAGE 254.(PARCEL 4) 46. RIGHT OF WAY EASEMENT AS GRANTED TO TRIANGLE SEEP DITCHES IN INSTRUMENT RECORDED MAY 13, 1925,AT RECEPTION NO.461141(PARCEL 4) 47. RIGHT OF WAY EASEMENT AS GRANTED TO TRIANGLE RESERVOIR NO 1 IN INSTRUMENT RECORDED NOVEMBER 15,1940,UNDER RECEPTION NO.858341. (PARCEL 4) 48. OIL AND GAS LEASE RECORDED FEBRUARY 24, 1972 UNDER RECEPTION NO. 1585391 IN BOOK 663 AND ANY AND ALL ASSIGNMENTS THEREOF,OR INTEREST THEREIN.(PARCEL 4) NOTE:EXTENSION OF THE ABOVE LEASE AS CLAIMED BY AFFIDAVIT OF PRODUCTION WAS RECORDED JULY 24,1973 UNDER RECEPTION NO. 1617918 IN BOOK 696. 49. RIGHT OF WAY EASEMENT AS GRANTED TO PANHANDLE EASTERN PIPELINE COMPANY IN INSTRUMENT RECORDED APRIL 11,1973,UNDER RECEPTION NO. 1611015 IN BOOK 689.(PARCEL 4) 50. RIGHT OF WAY EASEMENT AS GRANTED TO INDUSTRIAL GAS SERVICES INC IN INSTRUMENT RECORDED OCTOBER 23, 1973,UNDER RECEPTION NO. 1623402 IN BOOK 701.(PARCEL 4) 51. PLAT RECORDED JANUARY 25,1988 AT RECEPTION NO.2128940 IN BOOK 1183(PARCEL 4) 52. RESERVATIONS MADE BY UNION PACIFIC RAILROAD CO,IN DEED RECORDED NOVEMBER 25, 1887,IN BOOK 69 AT PAGE 542,PROVIDING SUBSTANTIALLY AS FOLLOWS:RESERVING UNTO SAID COMPANY AND ITS ASSIGNS ALL COAL THAT MAY BE FOUND UNDERNEATH THE SURFACE OF LAND HEREIN DESCRIBED AND THE EXCLUSIVE RIGHT TO PROSPECT AND MINE FOR SAME,ALSO SUCH RIGHT OF WAY AND OTHER GROUNDS AS MAY APPEAR NECESSARY FOR PROPER WORKING OF ANY COAL MINE THAT MAY BE (3l3J.c04I4S35.00C;i) B-5 3703309 06/01/2011 11:27A Weld County,CO 11 of 13 R 71.00 D 691.00 Steve Moreno Clerk&Recorder DEVELOPED UPON SAID PREMISES AND FOR TRANSPORTATION OF COAL FROM SAME.(PARCELS 5, 14 AND I5) 53. ALL OIL,GAS,MINERALS AND OTHER MINERAL RIGHTS AS RESERVED IN INSTRUMENT RECORDED APRIL 24, 1946,IN BOOK 1179 AT PAGE 455.(PARCELS 5, 14 AND 15) 54. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED SEPTEMBER 30,1911,IN BOOK 346 AT PAGE 189.(PARCEL 6) 55. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED JUNE 07,1912,N BOOK 359 AT PAGE 405.(PARCEL 6) 56. RESERVATION IN PATENT RECORDED JUNE 7, 1912 IN BOOK 359 AT PAGE 405.(PARCEL 6) 57. UNDIVIDED I/2 INTEREST IN AND TO ALL OIL,GAS AND OTHER MINERALS AS RESERVED IN DEED RECORDED JANUARY 23,1947,N BOOK 1196 AT PAGE 185, AND ANY AND ALL ASSIGNMENTS THEREOF OR INTERESTS THEREIN.(PARCEL 6) 58. UNDIVIDED 1/4 INTEREST IN AND TO ALL OIL,GAS AND OTHER MINERALS AS RESERVED IN DEED RECORDED FEBRUARY 23, 1954,IN BOOK 1383 AT PAGE 33, AND ANY AND ALL ASSIGNMENTS THEREOF OR.INTERESTS THEREIN.(PARCEL 6) 59. UNDIVIDED 1/8 INTEREST IN AND TO ALL OIL,GAS AND OTHER MINERALS AS RESERVED IN DEED RECORDED MAY 24, 1957,N BOOK 1478 AT PAGE 336,AND ANY AND ALL ASSIGNMENTS THEREOF OR INTERESTS THEREIN.(PARCEL 6) 60. UNDIVIDED 1/8 INTEREST IN AND TO ALL OIL,GAS AND OTHER MINERALS AS RESERVED IN DEED RECORDED MAY 24, 1957,IN BOOK 1478 AT PAGE 338,AND ANY AND ALL ASSIGNMENTS THEREOF OR INTERESTS THEREIN.(PARCEL 6) 61. UNDIVIDED 1/2 INTEREST IN AND TO ALL OIL,GAS AND OTHER MINERALS AS RESERVED N DEED RECORDED NOVEMBER 03,1943,N BOOK 1120 AT PAGE 49, AND ANY AND ALL ASSIGNMENTS THEREOF OR INTERESTS THEREIN.(PARCEL6) 62. UNDIVIDED 1/16 INTEREST IN AND TO ALL OIL,GAS AND OTHER MINERALS AS RESERVED IN DEED RECORDED AUGUST 21, 1942,N BOOK 1097 AT PAGE 538, AND ANY AND ALL ASSIGNMENTS THEREOF OR INTERESTS THEREIN.(PARCEL 6) 63. RIGHT OF WAY EASEMENT AS GRANTED TO POUDRE VALLEY RURAL ELECTRIC ASSOCIATION,INC.IN INSTRUMENT RECORDED JULY 21,1972,UNDER RECEPTION NO. 1594056 IN BOOK 672.(PARCEL 6) UL'SJ.J.Ao4M535.DOCI B-6 • 111111111111IIIIII llllllItO111111III111111IIIIIII 3783409 08/01/2011 11:27A Weld County,CO 12 at 13 R 71.00 D 691.00 Stave Moreno Clerk&Recorder 64. RIGHT OF WAY EASEMENT AS GRANTED TO POUDRE VALLEY RURAL ELEC I RIC ASSOCIATION,INC.IN INSTRUMENT RECORDED APRIL 12, 1973,UNDER RECEPTION NO. 1611085 IN BOOK 689.(PARCEL 6) 65. RIGHT OF WAY EASEMENT AS GRANTED TO POUDRE VALLEY RURAL ELECTRIC ASSOCIATION,INC.N INSTRUMENT RECORDED SEPTEMBER 06, 1977, UNDER RECEPTION NO. 1729630 IN BOOK 808.(PARCEL 6) 66. RIGHT OF WAY EASEMENT AS GRANTED TO POUDRE VALLEY RURAL ELECTRIC ASSOCIATION,INC.N INSTRUMENT RECORDED APRIL 14,1978,UNDER RECEPTION NO. 1750420 IN BOOK 828.(PARCEL 6) 67. RIGHT OF WAY EASEMENT AS GRANTED TO POUDRE VALLEY RURAL ELECTRIC ASSOCIATION,INC.IN INSTRUMENT RECORDED NOVEMBER 29,1982, UNDER RECEPTION NO. 1909897 IN BOOK 982.(PARCEL 6) 68. RIGHT OF WAY EASEMENT AS GRANTED TO POUDRE VALLEY RURAL ELECTRIC ASSOCIATION,INC.IN INSTRUMENT RECORDED FEBRUARY 09, 1983, UNDER RECEPTION NO. 1916953 IN BOOK 988.(PARCEL 6) 69. PLAT RECORDED FEBRUARY 17,1988 AT RECEPTION NO.2131135 N BOOK 1185(PARCEL 6) 70. RIGHT OF WAY EASEMENT AS GRANTED TO SNYDER OIL CORP IN INSTRUMENT RECORDED NOVEMBER 01,1991,UNDER RECEPTION NO.2268014 AND 2268015.(PARCEL 6) 71. RIGHT OF WAY EASEMENT AS GRANTED TO SNYDER OIL CORP IN INSTRUMENT RECORDED AUGUST 24,1992,UNDER RECEPTION NO.2301071 AND MODIFICATION RECORDED AUGUST 15,1996 AT RECEPTION NO.2506625(PARCEL 6) 72. OIL AND GAS LEASE RECORDED FEBRUARY 21,1990 UNDER RECEPTION NO.2205864 AND ANY AND ALL ASSIGNMENTS THEREOF,OR INTEREST THEREIN. (PARCEL 6) 73. OIL AND GAS LEASE RECORDED FEBRUARY 21,1990 UNDER RECEPTION NO.2205865 AND ANY AND ALL ASSIGNMENTS THEREOF,OR INTEREST THEREIN. (PARCEL 6) NOTE:EXTENSION OF THE ABOVE LEASE AS CLAIMED BY AFFIDAVIT OF PRODUCTION WAS RECORDED APRIL 04,1991 UNDER RECEPTION NO.2246080. 74. ALL OIL,GAS AND OTHER MINERALS LYING IN,ON OR UNDER SUBJECT PROPERTY AS CONVEYED IN INSTRUMENT RECORDED AUGUST 23,1991 UNDER RECEPTION NO.2260660.(PARCEL 6) 322!3.3.AC474535.DOC I I B-7 Int 11111111.1111lII1111111111111111111111111III • 3783409 08101/2011 11:27A Weld County,CO 13 or 13 R 71.00 0 891.00 Stever Marano Clerk&Recorder 75. RESERVATIONS BY THE UNION PACIFIC RAILROAD CO COMPANY OF:(I) ALL OIL,COAL AND OTHER MINERALS UNDERLYING SUBJECT PROPERTY,(2)THE EXCLUSIVE RIGHT TO PROSPECT FOR,MINE AND REMOVE OIL,COAL AND OTHER MINERALS,AND(3)THE RIGHT OF INGRESS AND EGRESS AND REGRESS TO PROSPECT FOR,MINE AND REMOVE OIL,COAL AND OTHER MINERALS,ALL AS CONTAINED IN DEED RECORDED SEPTEMBER 26,1907,IN BOOK 233 AT PAGE 115. (PARCEL 7) 76. RIGHT OF WAY EASEMENT AS GRANTED TO POUDRE VALLEY RURAL ELECTRIC ASSOCIATION,INC.N INSTRUMENT RECORDED AUGUST 10, 1973, UNDER RECEPTION NO. 1619171 IN BOOK 697 AND NOVEMBER 7, 1977 AT RECEPTION NO. 1735340 IN BOOK 813.(PARCEL 7) 77. PLAT RECORDED JANUARY 25, 1988 AT RECEPTION NO.2128942 IN BOOK 1183(PARCEL 7) 78. TERMS,CONDITIONS AND PROVISIONS OF AGREEMENT RECORDED DECEMBER 16, 1991 AT RECEPTION NO.2272228.(PARCEL 7) 79. RIGHT OF WAY EASEMENT AS GRANTED TO KERR MCGEE GATHERING IN INSTRUMENT RECORDED OCTOBER 03,2003,UNDER RECEPTION NO.3113145 AND MODIFIED OCTOBER 3,2003 AT RECEPTION NO.3113146(PARCEL 7) 80. TERMS,CONDITIONS AND PROVISIONS OF AGREEMENT RECORDED MARCH 10,2006 AT RECEPTION NO.33696 I5.(PARCEL 7) 81. TERMS,CONDITIONS AND PROVISIONS OF MEMORANDUM OF AGREEMENT RECORDED JULY 7,2008 AT RECEPTION NO.3564862.(PARCEL 1) 82. TERMS,CONDITIONS AND PROVISIONS OF SURFACE USE AGREEMENT RECORDED NOVEMBER 18,2008 AT RECEPTION NO.3590211.(PARCEL 1) 83. TERMS,CONDITIONS AND PROVISIONS OF AGREEMENT RECORDED MAY 27,2011 AT RECEPTION NO.3770922.(PARCELS I AND 2) 84. TERMS,CONDITIONS,EASEMENTS AND PROVISIONS OF GRANT OF EASEMENT AS SET FORTH IN DEED OF DEDICATION RECORDED JUNE 23,2011 AT RECEPTION NO.3775311.(PARCEL I) 85. LEASE BETWEEN PLUSS LEASING COMPANY LLC,A COLORADO LIMITED LIABILITY COMPANY,LESSOR,AND BUTTERBALL,LLC,A NORTH CAROLINA LIMITED LIABILITY COMPANY,LESSEE,AS SHOWN BY MEMORANDUM OF LEASE RECORDED MARCH 25,2008 AT RECEPTION NO.3543432. 32213.J.A04H535.PGC:1 I B-8 • • Colorado Department of Natural Resources p COlorado.9w I Contact Us 136]sriJ> ,o1 c J1:r.:j Colorado's Well Permit Search Well Constructed (--Help ) Last Refresh.11/7/201112:00:25 AM Receipt 0288708 Division: Permit#: 107562--A Water District: 1 Well Name/#: County: WELD Designated Basin: Management District: Case Number: WDID: [-] Applicant/Owners History Date Range Applicant/Owner Name Address City/State/Lp Unknown-Present PLUSS TURKEY FARM 25520 WELD CNTY RD 40 KERSEY,CD 80642 [-] Location Information Approved Well Location: Q40 Q160 Section Township Range PM Footage from Section Lines SW SE 32 4.0N 64.0W Sixth 770 S 2600 E Northing(UTM y): 4457132.2 Easting(UTM x): 536157.5 Location Accuracy: Spotted from section lines Physical Address Subdivision Name City/State/Zip Filing Block Lot Parcel ID: Acres in Tract: [-] Permit Details Date Issued: 06/20/1988 Date Expires: 06/20/1990 Use(s): STOCK Aquifer LARAMIE FOX HILLS Special Use: (s): Area which may be irrigated: Maximum annual volume of appropriation: Statute: Permit Requirements: Totalizing Flow Meter Geophysical Log Abandonment Report No No Yes Cross Reference Permit Number Receipt Description Permit(s): .107562-- 9107330 Comments: (-) Construction/Usage Details Well Construction Date:07/01/1988 Pump Installation Date:07/20/1988 Well Plugged: 1st Beneficial Use: Elevation Depth Perforated Casing(Top) Perforated Casing(Bottom) Static Water Level Pump Rate 250 131 250 95 15 Lie# Name Address Phone Number Driller 857 CLEMENT,GLENN A. 1960 24TH AVENUE GREELEY,CO 80634-5028 970-353-5648 Pump 857 CLEMENT,GLENN A. 1960 24TH AVENUE GREELEY,CO 50634-5028 970-353-5648 Installer [-] Application/Permit History Pump Installation Report Received 09/23/1988 Well Construction Report Received 09/23/1988 Pump Installed 07/20/1988 Well Constructed 07/01/1988 Application Received 06/20/1988 Permit Issued 06/20/1988 [-] Imaged Documents Document Name Date Imaged Annotated Oriainal File 12/05/2007 No Copyright D 2009 Colorado Division of Water Resources.All rights reserved. Home I Contact Us I Help I Water Links I Cdorado.9ov I DNR I Privacy Policy I Transparency Online Project(TOP) http://www.dwr.state.co.us/WellPermitSearchNiew.aspx?receipt=0288708 11/7/2011 14 Le-7-0e 2% �OLORADO DIVISION OF RESOURCESWATER RECEIVED TI 2S FORFpAUST BE SUBMITTED 1313 Sherman Street - Room 818 SEP 2 3 1988 WITHIN 60 DAYS OF COMPLETION Denver, Colorado 80203 OF THE WORK DESCRIBED HERE watt SNIP - '. ON.TYPE OR PRINT IN BLACK WELL COMPLETION AND PUMP INSTALLATION REPORT 1541.48NIIIII INK. PERMIT NUMBER 1075..62A tat WELL OWNER P1ncc Turkey Farm SW 'A of the SE '''ofSec. 37 ADDRESS 25520 WCR 40 Kersey, Co. 80642 T. 4 _N_, R. 64 W , 6 DATE COMPLETED _7-1 , 19 BA HOLE DIAMETER WELL LOG 1 0 3/4 in. from 0 to 1 31 ft. Water From To Type and Color of Material Loc. 7/1?in. from 1 ?1 to 250 ft. 0 5 Sand in. from _ to ft. 5 8 38 FinBP:tqln DRILLING METHOD Rotary 52 52 69 38Pram Su y CASING RECORD: Plain Casing 69 691 O.xt1 Size S 5./8kind creel from +t to 111 691 72 Sale 72 92 tic Etele/e?nl star arcs 92 94 e 93 > Size & kind from to 93 94 941/2 Fixic 941/2 95 Goal Size & kind from to 95 105 Lac dale 105 117 a-ale 117 123 talc /cral stte11cs Perforated Casing 123 127 qlkay S.s./ ccal. SLcmieLb 127 130 S'al- e Size 77/8 & kindnpen hnl ¢som 1 11 to 7 s 130 1331, F1`dc 130 301/2 194 e. &Le s X Size & kind from to 201 212 Qay & o31ilm sonlculisla.e x 212 218 218 22 Size__& kind from to Fate earths x 222 226 Srale/saYb'tne streaks 226 250 a-ale GROUTING RECORD Material cement grout- Intervals 0-131 Placement Method_ di x111 a cement _ GRAVEL PACK: Size Interval TEST DATA Date Tested 7-1—R8 , 19 Static Water Level Prior to Test Os Type of Test Pun* 1oi1er Length.of-Test 41/2 Sustaiised Yield (Metered) 15 GEM TOTAL DEPTH 250 Use additional pages necessary to complete log. Final Pumping Water Level lin, � V� n��LLATION •RT :7:a" JJ -.e. ') Pump ACa. :4. Type ahnwaMMrA_t; hip . .. • \ Powered by Inrtri r HP _ . ,. •• Pump Serial No. 5090429 ' 4 WATER Motor Serial No. RRRO4-0250 �` 1j. O TABLE w W us Date Installed 7-7n-RR oc-I cc to e v+ W Pump Intake Depth 234 4• _ - -- - 3 Remarks - �: • a .. z a. , ;j. r: m . ' a . YW �', ;_j ,r , 6 , i r t .‘ e x - WELL TEST DATA WITH PERMANENT PUMP a l 4' Ni F • yr.. Date Tested Nnt 1PSPPr1 _i Z CONE 0 I- a M DEPRESSIC Static Water Level Prior to Test F°. o Y Length of Test Hours Ai. Sustained yield (Metered) GPM Pumping Water Level rl ` `i Remarks • y:7n. CONTRACTORS STATEMENT The undersigned, being duly sworn upon oath, deposes and says that he is the contractor of the welt or pump installation described hereon; that he has read the statement made hereon; knows the content thereof, and that the sa true of his own knowledge. nowjl� Signature %'' ,. , soc1 _z..1,4_,..____ License No. 857 State of Colorado, County_d•f '_Fle24N SS Subscribed and sworn to bet'ore the lMs , day 7 an• v- , 19'Qp. - ..My.CnmaiissiR .Expire My Commissi n expires: 2-' , 19 . Notary Pu c ' FORM TO BE MADE T I QUADRUPLICATE: WHITE FORM must be an original copy on both sides and signed. WHITE ANO GREEN copies must be filed with the State Engineer.PINK.COPY is for the Ownir and YELLOW COPY is for the Driller.' WR)-5-Rev. 76 •COLORADO DIVISION OF WATER REsOUREs 818 Centennial Bldg., 1313 Sherman St.,Denver,Colorado 80203 RECEIVED PERMIT APPLICATION FORM Application must be complete where ( I A PERMIT TO USE GROUND WATER applicable. Type or 4J�7Mi" m • - I )A PERMIT TO CONSTRUCT A WELL print in BLACK FOR: I )A PERMIT TO INSTALL A PUMP p6-89-38 2:48 F. INK.No overstrikes .li"Ex VORIEltalit or erasures unless • ''q ENt(I % (X I REPLACEMENT FOR NO. 107562 032472 69.00 initialed. Ott. - I )OTHER - - ""P661-1 WATER COURT CASE NO. (USE', VoO.al man ----f8@S.n (1) APPLICANT-mailing address FOR OFFICE USE ONLY: d1 24 WRaft 08 THIS COLUMN / REMISS F'0015 NAME Pluss :Turkey Farm Receipt No S -1� ash FTL1 20.00 STREET 25520 W.C.R. 40 LNtIAJt 211Basin �G Dist. MO CITY Kersey, Colorado 80642 ITN 1 (State) (Zip) CONDITIO6YS-bF $PPTOffiVAL TELEPHONE NO. 535-4496 This well shall be used in such a way as to cause no material injury to existing water rights. The (2) LOCATION OF PROPOSED WELL issuance of the permit does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested water ' County Weld right from seeking relief in a civil court action. SW _Z of the SE x,Section 32 ISSUANCE OF THIS PERMIT DOES NOT CONFER-Ti -DECREREEITAXTBR-RIGHT-- Twp. 4 N ,Rng. 64 W 6th P.M. 1) APPROVED PURSUANT TO CRS 37-92-602(3)(c) cnt,st it:.wl THE RELOCATION OF EXISTING WELL PERMIT NO. (3) WATER USE AND WELL DATA 107562. THE EXISTING WELL MUST BE PLUGGED 7 ABANDONED ACCORDING TO THE RULES AND REGULA- COONTNS RACTORSAWITHIINNLNINETY PUMP INSTALLATION Proposed maximum pumping rate(gpm) 15 PLETION OF THE NEW WELL. )E DAYS FI- DAVIT FORM MUST BE COMPLETED AFFIRMING THAT Average annual amount of ground water 3 OLD WELL WAS PLUGGED AND ABANDONED. to be appropriated (acre-feet): . 2) APPROVED PURSUANT TO CRS 37-92-602(3)(b)( Number of acres to be irrigated: 0 (A)) AS THE ONLY WELL ON A TRACT OF LA OF 5 ACHE ND S DESCRIBED AS THE SW 1/4 OF THE SE 1/4 Proposed total depth (feet): 260 SECTION D 32, T4N, R64W OF THE 6TR P.M. , WELD COTY. Aquifer ground water is to be obtained from: 3) APPROVED FOR THE WATERING OF LIVESTOCK ON Laramie Fox-Hills FARM OR RANCH. *,... 6.0t-en Owner's well designation GROUND WATER TO BE USED FOR: ( ) HOUSEHOLD USE ONLY -no irrigation (0) I ) DOMESTIC (1) I I INDUSTRIAL (5) (x) LIVESTOCK (2) ( 1 IRRIGATION (61 ( )COMMERCIAL (4) ( 1 MUNICIPAL (8) ( I OTHER (91 APPLICATION APPROVED DETAIL THE USE ON BACK IN(11) PERMIT NUMBER I�o2: rk (4) DRILLER DATE ISSUED ji1N 2n 10$ Name R & R Well & Pump, Inc EXPIRATION DATE JUN 2 n 1990 Street P•0. Box 577 /} . City Greeley, Colo. 80632 ATE EN (NEER) (State? (Zlp) BY Telephone No. _ Lic.No. I r_ 1.O. 1 — ©f COUNTY V ' 5c Lot P`5 721 tVX 4 7 LCOF er ..-c, NIPD COUNTY HEALTH DEPARTMENT `g J 1516 Hospital Rood .. Greeley,. Colorado PERMIT NO. 77.5i Ph. 353-0540 Applicati�o for permit to Install,l, Construct, on Individual Sewage Disposal System. te� J OwnerLA I //Jel� c/ /WO) Address dd 7G v�L/J (.6 Phoneo?rfl-afrei Direction to site: Hwy Rd. 1 6 S��1,7 N//��—mi., Emi.i.,�SS..1_mi., W m, ii.. // r� i7> .4e) ,�l.ry t G eri 7(7 - i i '::4.f L✓iYL V Legal Description: Ptn e=tr- Sec -32—, Ti/N, RG / Subdiv.((( Lot Blk lage941) G2. V0 42% 575? General Information Dept. Use Only No. Bedrooms el� No. Persons 6 Perc. Rate (Avg. of 3) In L,. 7,6.A.No. Baths /1 -'4 Basement Plumbing . >�� i Soil Type . 5 a Size of Lot ' ; J , H2O Table Depth 78 ' H2O supply (if well give depth) c+/ft/� c300 Lot Grade < 3090 New Home i/ Mobile Home Modular_Add'n Requires Engineer Design Yes— a Type of sewage disposal� requested: If yes — reason Septic tank " Privy Other Comments: • Installation Instructions: (Minimum Requirements) Septic Tank I1.CO Gals. Absorption Trenches Ccy Sq. Ft. Other or Seepage bed 7 9 0 Sq. Ft. Special Instructions This system will be constructed and installed in accordance with the above specifications and regulations re- garding individual sewage disposal systems in Weld County, Colorado This permit shall expire at the same time as the building permit, or, 'f-no budding pe mit is issued, the permit shall expire 120 days after its issuance, if construction has not been enced. b Date: t2�efn_ad a�-'/%7S' Owner:X • t h-i' �s f Applicant:gel \J\ 'yip" ) 1 The plans and specifications as shown are approved pending payment of permit fee. Dote: e125 17< Sanitarian C-44-0-4A The above system inspected and found to comply with plan and description. Systems Contractor: Date: ' 01-16- ^ _ n n Sanitarian: C-a-CSiae� Engineer Review: I Date) (Signature) Permit Fee: $v`65-- a--4 Received by: /(1641• .-} //://../.. Date: 452f.S'— • • D rt-co 0,40.1 Erie. f reraot • (,3 Gg so 'i 3 , 1 3W Igo • • Scanning Cover Sheet • for Septic Permits Permit # G19750825 Permit Type: Health/EHS History/EHS Conversion History Situs Street Address 25758 CR 40 Situs City, State, Zip Sec/Town/Range: 32-04N-64W Application Status: Fina/ed Application Date: 03/11/1996 Parcel # (12 digits) 105332000011-R4287186 • Owner Full Name: PLUSS TURKEY FARMS . • Owner Address: KERSEY CO KERSEY,CO 80644 Owner Phone #: 303 2846453 Contact Name: Contact Address: Contact Phone# Information above has been Verified in Acce/a by employee noted below X February 17, 2009 Processed by: Date Report ID: EHS00024v003 Page 1 of 1 — Print Date-Time:2/17/2009 1:51:44PM • • WATER SUPPLY INFORMATION SUMMARY Section 30.28-133,(d), C.A.S. requires that the applicant submit to the County,Adequate evidence that a water supply that is sufficient in tares of quantity, quality and dependability will be available to ensure an adequate supply of water. 1. NAME OF DEVELOPMENT AS PROPOSED Do&t £?uf(ougtg 2. LAND USE ACTIONSLAhclt✓IS10v1 exeyatrl-coyL 3.NAME OF EXISTING PARCEL AS RECORDED 4b5332 OO OO10 SUBDIVISION FILING BLOCK LOT 4. TOTAL ACREAGE Ito?*/ 5. NUMBER OF LOTS PROPOSED 4 PLAT MAP ENCLOSED EC/YES G. PARCEL HISTORY-Please attach copies of deeds, plats or other evidence or documentation. A.Was parcel recorded with county prior to June 1, 1972? g YES 0 NO B. Has the parcel ever been part of a division of land action since June 1, 1972? 0 YES ENO If yes, describe the previous action 7. LOCATION OF PARCEL • Include a map defmiatinG the project area and tie to a section corner. 'I 1/4 OF 1/4 SECTION 3j2 TOWNSHIP 4 841 NOS RANGE (:314 ❑ E W PRINCIPAL MERIDIAN: )4 6TH 0 fr.M. 0 UTE 0 COSTIE A 8. PLAT- Location of all welts on property must be plotted and permit numbers provided. Surveyors plat [A Yes 0 No If not, scaled hand drawn sketch 0 Yes 0 No 9. ESTIMATED WATER REQUIREMENTS• Gallons per Day w Acre Ent par Yes 10. WATER SUPPLY SOURCE _ 1 EXISTING 0 DEVELOPED 103 NEVI WELLS- WELLS SPRING I PROMO AOuIO -(DIM an HOUSEHOLD USE I I of units Z 215- GPO AF WELL PERMIT NIIMRFR$ I ❑sauna ❑WWI asvuoa / — ' ) „!v 2_ o WPM 0elyfA Waea C IMAM FAME( • Fa mug COMMERCIAL USE TO of S.F. GPO AF 2 WAN'A WSON 8M � ❑Men❑oee IRRIGATION I ziff of acres GPO AF {{ STOCK WATERING I of head GPO AF 0 0 'PRAMS ASSOCIATION } WATER COURT DECREE CASE NO.'S OTHER - GPO AF 0 COMPANY ❑ DISTRICT TOTAL -z"5 GPO AF NAME LETTER OF COMMITMENT FOR SERVICE ❑ YES ❑ NO 11. ENGINEER'S WATER SUPPLY REPORT 0 YES ® NO IF YES, PLEASE FORWARD WITH THIS FORM. ma may be required Ilan ea review is campkudl 12. TYPE OF SEWAGE DISPOSAL SYSTEM —_ J21 SEPTIC TANKILEACH FIELD ❑ CENTRAL SYSTEM • DISTRICT NAME ❑ LAGOON 0 VAULT • LOCATION SEWAGE HAULED TO ❑ ENGINEERED SYSTEM (Antis a npy at meewine Signe 0 OTHER a Hello