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Home My WebLink About20120414.tiff RESOLUTION RE: APPROVAL OF SUBDIVISION EXEMPTION, SUBX11-0011 - BB COLORADO HOLDINGS, LLC, C/O 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, SUBX11-0011, does not come within the purview of the definition of the terms, "subdivision" and "subdivided land," and WHEREAS, the request for Subdivision Exemption, SUBX11-0011, 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: E1/2 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, SUBX11-0011, 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. The well permitted as#107562-A shall be re-permitted to allow for residential uses. ,. CA Pt, Acw+/Apps. 2012-0414 3-5-1 a SUBX11-0011 SUBDIVISION EXEMPTION, SUBX11-0011 - BB COLORADO HOLDINGS, LLC, C/O DAVE BURROUGHS, DBA DAVE'S OIL FIELD CONSTRUCTION, LLC PAGE 2 B. The applicant shall submit a joint ownership access and/or operation maintenance agreement for the shared well (Permit# 107562-A) between this Subdivision Exemption, SUBX11-0010, 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 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. SUBX11-0011. B. Show the 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 Roads 40 and 53 are designated on the Weld County Road Classification Plan as local gravel roads, which require 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 Roads 40 and 53 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. 2012-0414 SUBX11-0011 SUBDIVISION EXEMPTION, SUBX11-0011 - BB COLORADO HOLDINGS, LLC, C/O DAVE BURROUGHS, DBA DAVE'S OIL FIELD CONSTRUCTION, LLC PAGE 3 E. The following notes shall be placed on the plat: 1) This Subdivision Exemption was approved, in conjunction with Recorded Exemption RECX11-0056, 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 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. 2012-0414 SUBX11-0011 SUBDIVISION EXEMPTION, SUBX11-0011 - BB COLORADO HOLDINGS, LLC, C/O DAVE BURROUGHS, DBA DAVE'S OIL FIELD CONSTRUCTION, LLC PAGE 4 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 29-3-20.6.13 of the Weld County Code do not need building permits; however, a Certificate of Compliance must be filed with the Department of Planning Services and an electrical and/or plumbing permit is required for any electrical service to the building or water for watering or washing of livestock or poultry. 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. 2012-0414 SUBX11-0011 SUBDIVISION EXEMPTION, SUBX11-0011 - BB COLORADO HOLDINGS, LLC, CIO DAVE BURROUGHS, DBA DAVE'S 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: ... �r�r T , o2 r' Sean P. Co y, Chair Weld County Clerk to the Board /, / e�Nc dio F. / /�%%William F/Gar Prq..Tem BY: A �e I „ 1.� Deputy k to the Bo!�& �� i �`�' % ,, Iasi 1� ��is ==car Kirkmeyer '� AP OVED O RM: idiAl --� ( .\ vid E. Long / County Attorney ni ' � ��a 6r ougl Rademac er Date of signature: Z "I - / e7- 2012-0414 SUBX11-0011 1861 MEMORANDUM r.! TO: Board of County Commissioners 1 cou'NTY DATE: February 8, 2012 .E- FROM: Chris Gathman— Planner III 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 13th Board meeting. 2012-0414 1861 COUNTY DEPARTMENT OF PLANNING SERVICES SUBDIVISION EXEMPTION ADMINISTRATIVE REVIEW Applicant: Dave's Oil Field Construction LLC Case Number: SUBX11-0011 Request: Subdivision Exemption in Conjunction with Recorded Exemption No. RECX11-0056 Legal Description: Part of the E2E2 of Section 32, T4N, R64W,Weld County, Colorado Parcel Number: 1053 32 000011 Parcel size: +I-4.48 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. The well permitted as 107562-A shall be repermitted to allow for residential uses. B. The applicant shall submit a joint ownership, access and/or operation maintenance agreement for the shared well (Permit # 107562-A) between this subdivision exemption, subdivision exemption SUBX11-0010 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 December 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. SERVICE,TEAMWORK,INTEGRITY,QUALITY 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. 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. SUBX11-0011 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 Roads 40 and 53 are designated on the Weld County Road Classification Plan as local gravel roads, which require 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 and County Road 53 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 RECX11-0056 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. SERVICE,TEAMWORK,INTEGRITY,QUALITY 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. 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. SERVICE,TEAMWORK,INTEGRITY,QUALITY 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. 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. SERVICE,TEAMWORK,INTEGRITY,QUALITY 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 ArcInfo 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. 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 III 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) ® Property line adjustment 0 Public Utility Facility O Used with Recorded Exemption ® Oil and Gas Production Facilities O Financing Purposes ® Telecommunication Antenna Tower Facilities Parcel Number 1 0 5 3 . 3 2 . 0 . 0 0 . 0 1 1 (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 E2E2 , Section 32 , Township 4 North, Range 64 West Has the property been divided from or had divided from it any other property since August 30, 1972? Yes® No 0 Is this parcel of land, under consideration, the total contiguous land owned by the applicant? Yes® 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. ignature: Owne r Aut prize ent D e 0 Signature: Owner or Authorized Agent Date/8/0 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 o Longmont,CO 80504 970.535.9318/office 970.535.9854/fax n www.agpros.com COUNTY ROAD 40 COUNTY ROAD 40 30-FOOT R.O.W. 30-FOOT R.O.W. SOUTH SIDE OF EXIST. RES. ACCESS EXIST. ACCESS SOUTH SIDE OF EXIST. RES. ACCESS EXIST. ACCESS SECTION LINE PROPOSED ACCESS SECTION LINE PROPOSED ACCESS EXIST. RES. ACCESS TO BE CLOSED LOT A EXIST. RES. ACCESS TO BE CLOSED LOT A OTBPROPOSED ACCESS\ I X92 v \ ' g�,a LOROPROSED ACCESSN. �aT 91\ I n IYI 3S IR 9. ,, PROPOSED PROPOSED yp BLOT2 A LOT® 4 59 R ------______00:02 " 9 ACRES.'"® ® n ACRES ® ® a 4a II ® I3 ® E3 EXIST. AG. ACCESS PROPOSED ` EXIST. AG. ACCESS PROPOSED ACCESS LOT C B L5.17 PROPOSED ACCESS L _/ `J B ACRES COUNTY ROAD 53 COUNTY ROAD 53 30-FOOT R.O.W. WEST 30-FOOT R OW. WESI SIDE OF SECTION LINE Z SIDE OF SECTION LINE pa { /�I G ® ® ' '' •\ ® ® � %IST. OIL & GAS. ACCESS ® =EC ^..rns.^ SISi. OIL & GAS. AO PROPOSED LOT 0 ₹141.34 ACRES a ® ,rym p ClEara CB= CIIIMO CZ= ® ® ® ® PROPOSED SE LOT 4.48 ® ® ® ® 1 § ACRES ...--- ----- pit. /E%IST. RES. ACCESS Y_ EXIST. RES. ACCESS 10t� _ PROPOSED ACCESS SE LOT 1^O'� PROPOSED ACCESS SE I —I1 EXIST. OIL & GAS. i —t,`. - EXIST. OIL & GAS, w� ACCESS LOT ACCESS OPOOSED C ,\ AACCESS CESS OTPROPOSED 0 S \ / I 4 EXIST. OIL & GAS, A0. EXIST. OIL & GAS, AG. Bey user ACCESS PROPOSED ��* "� ACCESS PROPOSED ACCESS LOT D ACCESS LOT 0 Ili A 514 N N Nt ,e W E W IBEFORE AFTER S S DATE: DAVE'S OIL FIELD CONSTRUCTION vi01 �AGPRLTURE onals, LLC SE - EAST SHEET NO. DEVELOPERS OF AOuwINRL 1 O COUNTY ROAD 40 30-FOOT R.O.W. SOUTH SIDE OF EXIST. RES. ACCESS EXIST. ACCESS SECTION LINE EXIST. RES. ACCESS TO BE CLOSED PROPOSED ACCESS PROPOSED ACCESS II LOT A LOT B 1111 .".'my 29 28 5e93 [PROPOSEU PROPOSEDOT A LOT 459 8 CRES°, ACRES .ar..JJ.• �a .gym y 8° .m 80 —I'sue.I—�1 PROPOSED $ EXIST. AG. ACCESS 8 LOT C PROPOSED ACCESS LOT C 5.17 ACRES COUNTY ROAD 53 30-FOOT R.O.W. WEST SIDE OF SECTION LINE ® \ XIST. OIL & GAS, ACCESS rs 4 hen grarss PROPOSED rsix LOT D ±141.34 ACRES 0 MIEMZEeme Lem PROPOSED SE LOT 1 To, 300 002y 4.48 ACRES EXIST. RES. ACCESS PROPOSED ACCESS SE LOT EXIST. ( eACI- ACCESS PROPOSED f 9 `_ ACCESS LOT D 210601 EXIST. OIL & GAS, AG. N7 ACCESS PROPOSED ACCESS LOT D 54 5 DATE: p DAVE'S OIL FIELD CONSTRUCTION 12/01 ��DE �OF � onals, LLC RE - EAST SHEETNO. ■■DEVELOPERS OF AGRICULTURE TURE 1: 1 O Tax Account • • Page 1 of 1 Tax Account Summary Account Id R4287186 Parcel Number 105332000011 Owners PLUSS LEASING COMPANY LLC Address 3033 E 1 AV STE 502 DENVER,CO 80206 Situs Address 25778 40 CR WELD 00000 18277 53 CR WELD 00000 25758 40 CR WELD 00000 Legal 8938-A E2E2/PT NW4NE4 32 4 64 EXC NORTH 30'OF BEG 40'W FROM NE COR OF N W4 OF NE4 S200'E40' N200'TO BEG EXC OG&M(5R)25778 40 CR WELD 00000 18277 53 CR WELD 00000 25758 40 CR WELD 00000 Inquiry As Of 12/12/2011 Payment Type 6 First 44 Second Total Due$0.00 VPdate, Value Area Id Mill Levy 0710-0710 50.0990000 Actual Assessed AG-DRY FARM LAND-4127 728 210 AG-ALL OTHER LAND-4180 24,700 7,160 FARM/RANCH RESIDENCE-IMPS-4277 255,320 20,320 ALL OTHER AG IMPS-4280 473,505 137,320 Total Value 754,253 165,010 Taxes $8,266.83 The amounts of taxes due on this page are based on last year's property value assesments. https://www.weldtax.com/treasurer/treasurerweb/account.jsp?account=R4287186 12/12/2011 •V° COV Weld County Public Works • Dept. 31'- 1111HStreet ACCESS PERMIT ,0 cv„ er co P.O. Box 758 ` NW- 9c' Greeley,CO 80632 APPLICATION FORM 4? sic*9 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 ifo Distance from Intersection 38-70 ' Parcel Number 105332000011 j Section/Township/Range E2E2 32-4-64 ( V Is there an existing access to the property?f0YES NO OIP N 3 3 Number of Existing Accesses 1 Road Surface Type &Construction Information Asphalt n Gravel n Treated n 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 O Industrial/$150 a Small Commercial or Oil &Gas/$75 Large Commercial/$150 ❑Subdivision/$150 ❑Field (Agriculture Only)/Exempt Is this access associated with a Planning Process? ONo ❑USR ORE OPUD Bother SE- 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 lam 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 From: 01 /09/2012 04:20 #147 P.006/006 trit Weld County Referral in iip c December 29, 2011 COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant: BB Colorado Holdings, LLC Case Number. SUBX11-0011 c/o Dave's Oil Field Construction, LLC Please Reply By: January 26,2012 Planner: Chris Gathman Project: Subdivision Exemption in conjunction with a recorded exemption(RECX11-0056). Location:West of and adjacent to County Road 53 and approximately 3/4 mile south of County Road 40 Parcel Number: 105332000011-R4287186 Legal: E2E2/PT NW4NE4 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. OWe have reviewed the request and find that it does/does not comply with our Comprehensive EPlan because: 1 We have reviewed the request and find no conflicts with our interests. LI��` See attached letter. Comments: No Problems noted. 1/3/2012 Signature'/2,711 �2 C ,44 Date alley Fi rotection District Agency latte Weld County Planning Dept 1555 N 17th Ave,Greeley.CO.80631 (970)3536100 ext.3540 (970)304-6498 tax �861 Memorandum \ � sli TO: Chris Gathman, W.C. Planning GOUNTY DATE: January 16, 2012 FROM: Lauren Light, W.C. Department of Public Health and Environment CASE NO.: SUBX11-0011 NAME: BB Colorado Holdings, LLC Environmental Health Services has reviewed this proposal to create a 4.48 acre subdivision exemption (SE) lot in conjunction with RECX11-0056. 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 SUBX11-0010. 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 G1972080 was submitted for both this SE lot as well as proposed lot A 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. • 111111 111111111,1111111111111111111111111111111 IIIll 111111 liii I IF III IlUF DDII1111 • 3783409 08/01/2011 11:27A Weld Count/,CO 409 1 of 13 R 71.00 0 691.00 Steve Moreno Clerk&Recorder State Documentary Fee When recorded,return to: Date BB Colorado Holdings LLC p f, 1628 Garners Chapel Road $ 1).oO Mt.Olive,NC 23365 Attn: Edward Kacsuta SPECIAL WARRANTY DEED THIS DEED, dated as Z9 , 2011, between PLUSS LEASING COMPANY LLC, a Colorado limited halm 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 (510.00) 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$XHIB IT A'ATTACHED 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, and all the estate, right, title, interest, claim and demand whatsoever, of the Grantor,either in law or equity,of, in and to the above bargained premises,with the 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 Exceptions",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, restrictive covenants, conditions and other matters listed as Permitted Exceptions on Exhibit B attached hereto. r-- Zs t498 p228r3.A0Oa555.DDCd] 1111111 11111 111111 MIRTH°11111111 I 11111 11111111 3783409 08/01/2011 11:27A Weld County,CO 2 of 13 R 71.00 0 891.00 Steve Moreno Clerk a Recorder IN WITNESS WHEREOF,the Grantor has executed this deed on the date set forth above. PLUSS LEASING COMPANY LLC,a Colorado limited liability company By: Q. Douglas fuss,Manager STATE OF COLORADO )ss. COUNTY OF 1-).ern D-tN ) 4a.. The foregoing instrument was acknowledged before me this 25 ,day of uLI 2011 by Douglas A. Pluss as Manager of PLUSS LEASING COMPANY LLC,a Co rado Limited liability company. , Witness my hand and official seal. My commission expires: 11-02—20 IISit'; Q @ y1 fc.,....:Ov`;;�:i.�. t' e•.9 dot_ Notary Public _i 9f.F sr 0'0 : ;• C' Di (31213]3A0a61f.00C1) 2 08/01/3703409 2011 13 R 71.00 SI 0111111111411111! "0II IIIII"Irder •3 of 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"E,1331.09 FEET TO A POINT ON THE EAST LINE OF SAID NE 1/4;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"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 G 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°02'57"W,277.45 FEET TO A POINT ON THE SOUTH LINE OF SAID SECTION 19; p2.2x5.J.AC474535.xx;q A-1 41- I111111111111111111111TIIIIII1111IIIIII Ill 1111111111111 • 3783409 08/01/2011 11:27q V9eld County,CO 4 of 13 R 71.00 0 591.00 Sleve Moreno Clerk 8 Recorder THENCE N 89°06'49"W,ALONG THE SOUTH LINE OF SAID SECTION l9,402.82 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 Farm): 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 18,15.0 FEET EASTERLY OF THE SW CORNER OF SAID LOT IS AND EXTENDING TO A POINT ON THE NORTH LINE OF LOT 17,30.0 FEET EASTERLY OF THE NW CORNER OF SAID LOT 17. .r PARCEL 6(Pluss Turkey Farm): THEE I/2 OF SECTION 32,TOWNSHIP 4 NORTH,RANGE 64 WEST OF THE 6TH P.M., 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 I/4 OF SECTION 17,TOWNSHIP 4 NORTH,RANGE 64 WEST OF THE 6TH P.M.,COUNTY OF WELD,STATE OF COLORADO 13223].3.A0474th DOCdI A-2 •• 1111011111110111 11,1lID111111111111111011111 37;3409 08(01/2011 11:27A Weld County,CO 5 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 POINT 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 Farm): 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 POINT ON THE SOUTH LINE OF LOT 32,50.0 FEET EASTERLY OF THE SOUFH WEST 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 COLORADO. I311931A0Oa335.DOC:q A-3 • 11111!!HMI gni NUM MI MMMM IIII 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 5I1 AT PAGE 403.(PARCEL I) 3. 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 1) 5. RIGHT OF WAY FOR GILMORE DITCH AS ESTABLISHED AND/OR USED. (PARCEL I) 6. RIGHT OF WAY EASEMENT AS GRANTED FOR TILE LINE IN INSTRUMENT RECORDED JUNE 04,1923,N BOOK 710 AT PAGE 118.(PARCEL I) 7. RIGHT OF WAY EASEMENT AS GRANTED TO WELD COUNTY IN INSTRUMENT RECORDED JUNE 07,1939,N BOOK 1046 AT PAGE 28.(PARCEL I) 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,LN BOOK 1329 AT PAGE 560, AND ANY AND ALL ASSIGNMENTS THEREOF OR INTERESTS THEREIN.(PARCEL I) I0. UNDIVIDED 1/4 INTEREST IN AND TO ALL OIL,GAS AND OTHER MINERALS AS RESERVED IN DEED RECORDED MARCH 16, 1965,UNDER RECEPTION NO. 1458800 IN BOOK 537,AND ANY AND ALL ASSIGNMENTS THEREOF OR INTERESTS THEREINN.(PARCEL I) I I. RIGHT OF WAY EASEMENT AS GRANTED TO POUDRE VALLEY RURAL ELECTRIC ASSOCIATION,INC.IN INSTRUMENT RECORDED JUNE 06,1972,UNDER RECEPTION NO.159(075 IN BOOK 669.(PARCEL I) p2zu.xnw7u»urx':II B-1 • Ilillllllillllllllllllllllllllllllllllilllllllll 3783409 08/01/2011 11:27A 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.N INSTRUMENT RECORDED JULY 21,1972,UNDER RECEPTION NO. 15940471N BOOK 672.(PARCEL I) I), 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.N INSTRUMENT RECORDED SEPTEMBER 06, 1977, UNDER RECEPTION NO. 1729626 N BOOK 808.(PARCEL I) 15. RIGHT OF WAY EASEMENT AS GRANTED TO POUDRE VALLEY RURAL ELECTRIC ASSOCIATION,NC.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.N INSTRUMENT RECORDED NOVEMBER 21, 1978, UNDER RECEPTION NO. 1773389 IN BOOK 851.(PARCEL I) 17. UNDIVIDED 1/3 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 THEREN.(PARCEL 1&2) IS. UNDIVIDED 1/3 INTEREST IN AND TO ALL OIL,GAS AND OTHER MINERALS AS RESERVED IN DEED RECORDED MARCH 29,1983,UNDER RECEPTION NO. 1921667 IN BOOK 992,AND ANY AND ALL ASSIGNMENTS THEREOF OR INTERESTS THEREIN.(PARCEL 1&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 13,1985,UNDER RECEPTION NO.2001736 IN BOOK 1061.(PARCEL I) 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) IJ223J.J.A0474535.WC:I B-2 • 111111111111111111 III 11'�1f1II1I1111111111111111111111 3783409 08/01/2011 11:27A Weld County,CO. 8 of 13 R 71.00 0 691.00 Steve Moreno Clerk&Recorder 23. MAP RECORDED NOVEMBER 17, 1987 AT RECEPTION NO.2121382(PARCEL I) 24. RIGHT OF WAY EASEMENT AS GRANTED TO POUDRE VALLEY RURAL ELECTRIC ASSOCIATION,INC.N 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.IN INSTRUMENT RECORDED DECEMBER 26,1991, UNDER RECEPTION NO.2273195,2273196 AND 2273197.(PARCEL 1) 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 15, 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 IN UNITED STATES PATENT RECORDED AUGUST 3 L, 1893,IN BOOK 51 AT PAGE 229.(PARCEL 2) 30. UNDIVIDED I/2 INTEREST IN AND TO ALL OIL,GAS AND OTHER MINERALS AS RESERVED IN DEED RECORDED OCTOBER I4,1958,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 1/6 INTEREST IN AND TO ALL OIL,GAS AND OTHER MNERALS 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 MNERALS AS RESERVED IN DEED RECORDED MARCH 29, 1983,UNDER RECEPTION NO. p£e11.A044535.D(x:o B-3 • 111111111111111111 III 11S111111111111111111101 !1111111111111111111►101 3783409 08/01/2011 11:27A Weld Count/,CO 9 of 13 R 71.00 D 681.00 Steve Moreno Clerk&Recorder 1921667 IN BOOK 992,AND ANY AND ALL ASSIGNMENTS THEREOF OR INTERESTS THEREIN.(PARCEL 2) 34. UNDIVIDED 1/6 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 II,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 17,1984 UNDER RECEPTION NO. 1981910 IN BOOK 1043.(PARCEL 2) 36. ALL OIL,GAS,MINERALS AND OTHER MINERAL RIGHTS AS RESERVED[N INSTRUMENT RECORDED DECEMBER 16,1986,UNDER RECEPTION NO.2080879 IN BOOK 1138.(PARCEL 2) 37. PLAT RECORDED NOVEMBER 17,1987 AT RECEPTION NO.2121381 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.2121383IN BOOK 1176(PARCEL 3) 43. RESERVATIONS MADE BY UNION PACIFIC RAILWAY CO,IN 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 1312P3i A0474535.Wf;11 B-4 I11111111111111111II1I!IIII11111111111111IIIIIII S 3783409 08/01/2011 11:27A Weld County,CO 10 of 13 R 71.00 0 691.09 Steve Moreno Clerk 8 Recorder 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 II,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 HERELN 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 psa3.3.A0474535.oaa I B-5 111111Hill MAT BIIIIIiIIIIINlllill1111 • 3183409 08/01/2011 11:27A Weld County, CO 11 of 13 R 71.00 D 691.00 Steve Moreno Clerk 8 Recorder DEVELOPED UPON SAID PREMISES AND FOR TRANSPORTATION OF COAL FROM SAME.(PARCELS 5, 14 AND IS) 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,IN 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 1/2 INTEREST IN AND TO ALL OIL,GAS AND OTHER MINERALS AS RESERVED IN DEED RECORDED JANUARY 23,1947,IN 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,IN BOOK 1478 AT PAGE 336,AND ANY AND ALL ASSIGNMENTS THEREOF OR INTERESTS THEREIN.(PARCEL 6) 60. UNDIVIDED I/8 INTEREST IN AND TO ALL OIL GAS AND OTHER MINERALS AS RESERVED IN DEED RECORDED MAY 24, 1957,N 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 IN DEED RECORDED NOVEMBER 03,1943,IN BOOK 1120 AT PAGE 49, AND ANY AND ALL ASSIGNMENTS THEREOF OR NTERESTS THEREIN.(PARCEL6) 62. UNDIVIDED 1/16 INTEREST IN AND TO ALL OIL GAS AND OTHER MINERALS AS RESERVED IN DEED RECORDED AUGUST 21, 1942,IN 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) fR2el.l.ACQd535.DOC;I 1 B-6 I 11111111111111111 111lillllll 1111 illlll III 111111 III Il11 3783409 08/01/2011 11:27A Wald County,CO 12 01 13 R 71.00 D 691.00 Steve Moreno Clerk&Recorder 64. RIGHT OF WAY EASEMENT AS GRANTED TO POUDRE VALLEY RURAL ELECTRIC 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.IN 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.IN 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,NC.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.N INSTRUMENT RECORDED FEBRUARY 09, 1983, UNDER RECEPTION NO. 1916953 IN BOOK 988.(PARCEL 6) 69. PLAT RECORDED FEBRUARY 17,1988 AT RECEPTION NO.2131135 IN 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 05, 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 LN,ON OR UNDER SUBJECT PROPERTY AS CONVEYED IN INSTRUMENT RECORDED AUGUST 23,1991 UNDER RECEPTION NO.2260660.(PARCEL 6) pi•'s).3.A0OJ]J5ixx-A B-7 II1111uin�� 11111111111111101111111111�111 • 3783409 03/01/2011 11.27A Weld County,CO 13 0l 13 R 71.00 0 891.00 Steve 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.3369615.(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 I) 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.377531 I.(PARCEL 1) 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. 1JL'A.J.A0g4535.DOC:11 B-8 WATER SUPPLY INFORMATION SUMMARY Section 30.28.133,Id1. C.R.S. requires that the applicant submit to the County,Adequate evidence that a water supply that is sufficient in terms of quantity, quality and dependability will be available to ensure an adequate supply of water. 1. NAME OF DEVELOPMENT AS PROPOSED DAN/C. Duf(Dugk ' 2. LAND USE ACTIONSUhr !'/I5ior1Gxelhtlay\ 3. NAME OF EXISTING PARCEL AS RECORDED t e7 5' Z-DD DUI SUBDIVISION FILING BLOCK LOT 4.TOTAL ACREAGE Ito o'ff S. NUMBER OF LOTS PROPOSED µ PLAT MAP ENCLOSED STYES 6. PARCEL HISTORY- Please attach copies of deeds, plats er other evidence or documentation. A.Was parcel recorded with county prior to June 1, 1972? 6a YES 0 NO B. Has the parcel ever been part of a division of land action ace June 1, 1972? O YES ENO If yes, describe the previous action 7. LOCATION Of PARCEL- Include a map deliniating the project area and tie to a section corner. 114 OF 114 SECTION 3Z TOWNSHIP 4 ENOS RANGE 6I ❑ E S W PRINCIPAL MERIDIAN: 6TH 0 h.M. O UTE 0 COSTILIA 8. PLAT• Location of all wells on property must be plotted and permit numbers provided. Surveyors plat Q Yes O No If not scaled hand drawn sketch 0 Yes O No 9. ESTIMATED WATER REQUIREMENTS•Gallons per Day car Acre Feet per Year 10. WATER SUPPLY SOURCE 0 EXISTING O DEVELOPED IWELLS SPRING 1 NEW WELLS circa au HOUSEHOLD USE t / of units Imo`' GPO AF WEll PERMIT NUMBERS a acoe�. ARMANCE C UPPER DAMN ❑tawa awrua¢ (7 54,1 ! ❑weu eawsae SLIME FOX eua COMMERCIAL USE A 1 of S.F. GPO AF I ❑Deana C etyma ❑mae IRRIGATION I of acres GPO AF STOCK WATERING $ of head GPO AF ((( ❑ ASSOCIATION WATER COURT DECREE CASE NO.'S OTHER GPO AF 0 COMPANY ❑ DISTRICT TOTAL 225 GPO AF NAME LETTER OF COMMITMENT FOR i SERVICE ❑ YES ❑ NO ' 11. ENGINEER'S WATER SUPPLY REPORT O YES S NO IF YES, PLEASE FORWARD WITH THIS FORM. (Tait may be reamed biter.ew review's ca rmeeis ! 12.TYPE OF SEWAGE DISPOSAL SYSTEM j7i SEPTIC TANK/LEACH FIELD 0 CENTRAL SYSTEM - DISTRICT NAME ❑ LAGOON O VAULT• LOCATION SEWAGE HAULED TO O ENGINEERED SYSTEM (Amick e cagy of enanerg dapn! O OTHER state or Lotoraao water Kesources - View Well Details: Receipt 0288708 Page 1 of I • • Colorado Department or Natural Resources Colorado gov I Contact U5 31�f�J� fljvl:a1roi1 .9/ J r :...- r �,1Jr Colorado's Well Permit Search Well Constructed f Help 1 Last Refresh:11/7/2011 12:00:25 AM Receipt: 0288708 Division: Permit#: 107562--A Water District: 1 Well Name/#: County: WELD Designated Basin: Management District: Case Number: WDID: 1-) Applicant/Owners History Date Range Applicant/Owner Name Address City/State/Zip Unknown-Presens PLU55 TURKEY FARM 25520 WELD CNn RO 90 KERSEY,CO 80642 [-] Location Information Approved Well Location: Q40 Q160 Section Township Range PM Footage from Section Lines SW SE 32 4.0N 64.0W Sixth 7705 2600 E Northing(UTM y): 4457132.2 Fasting(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 ,liE 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-- 9107114 Comments: (-1 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 tic It Name Address Phone Number Driller 857 CLEMENT,GLENN A. 1960 24711 AVENUE raFPI FY,CO 80634-5029 970353-5698 Pump 857 CLEMENT,GLENN A. 1960 29TH AVENUE GREELEY.CO 90634-5029 970-353-5698 Installer [-3 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 [-j Imaged Documents Document Name Date Imaged Annotated Qrloinal File 12/05/2007 No copyrighr m 2009 Colorado Division of Water Resources.All rights reserved. Name I Contact Us I Help I Water links I Colorado.gov I DPIR I Privacy Policy I Transparency Online Project(TOP) • http://wi,vw.dwr.state.co.us/WellPermitSearch/View.aspx?receipt=0288708 11/7/2011 .. • o i 4- k ! R CEIVED COLORADO DIVISION OF WATER RESOURCES TIdi5 FORFy 4IUST BE SUBMITTED 1313 Sherman Street - Room 818 SEP 2 31988 WITHIN GO DAYS OF COMPLETION Denver, Colorado 80203 OF THE WORK DESCRIBED HERE- WA SOO ON.TYPE OR PRINT IN BLACK WELL COMPLETION AND PUMP INSTALLATION REPORT f, INK. PERMIT NUMBER 107562A 4111 WELL OWNER P1licc Turkey Farm SW y.ofthe SF: y.ofSec. 37 ADDRESS 25520 WCR 40 Kersey, Co. 80642 T. 4 .1L-, R. 64 W , 6 DATE COMPLETED 7-1 , 19 B.B. HOLE DIAMETER WELL LOG 1D 1/4 in. from 0 to 131 ft. Water From To Type and Color of Material Loc. -313 in. from 1 3 1 to 2 50 ft. 0 5 S1tz.1 in. from _to ft. 8 8 �s DRILLING METHOD Rotary 38 52 Roam =ay CASING RECORD: Plain Casing 52 69 aciart 69 69 O 1 Size85./✓$t kind creel from +1 to 1 '1 1 6914 Rock 72 92 92 93 c dele/rr-11 5Lettle.s Size & kind from to 93 94 ay dalsta-e 94 9414 Rdc 941/4 95 Opal Size & kind from to 95 105 Ea1c dela 105 117 Shale Perforated Casing 117 123 talc kcal streaks 123 127 Cray s.s. coal sLLm1e s 127 130 state Size 22/2, & kindcpan hnl ¢rom _ 1 31 to 750 130 130'4 Eirkc 130? 194 daj dale s stne x Size & kind from to 194 201 ILE ncc 201 212 ( av &Waite s tcre x 212 218 218 Size _—& kind from to 222 Mite santlstcre x 222 226 3-1e/sardstr 2 sus 226 250 Shale GROUTING RECORD Material cement grout Intervals 0-131 Placement Method displa(-ement GRAVEL PACK: Size Interval TEST DATA Date Tested 7-1—RR , 19 Static Water Levet Prior to Test IS Type of Test PsimR Railer I Length of Test 41/2 $ustairsed Yield (Metered) 15 GEM TOTAL DEPTH 250 Use additional pages necessary to complete log. Final Pumping Water Level 130' PUMP INSTALLATION R•RT _ 03V13339 , 're Pump Kake` ^ CAii1ds ..,� :IV. Type ilialkalltsrritIlf= t _ a —� .r ' - •m Powered byCtri C HP " it Pump Serial No. J09042 9L y'. i :' a �i" :: � 3 � WATER Motor Serial No. RR504-0_260 ,a W W TABLE �' w..._,F W W F Date Installed 7-70—SR a J Wtn Pump Intake Depth 714 •.' a: t Remarks Ii u!a ta ta ``` • ••t ''� / ty` t • •S WELL TEST DATA WITH PERMANENT PUMP n. • C" F Date Tested Nn± tPStPd _I z • r- CONE W I- a n•1 DEPRESS101 Static Water Level Prior to Test t- c :r , Length of Test Hours •' y Sustained yield (Metered) GPM Pumping Water Level ' Remarks ' .441 ._ CONTRACTORS STATEMENT The undersigned, being duly sworn upon oath, deposes and says that he is the contractor of the well 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. Signature << /---<- —fyr License No. 857 -• • State of Colorado, County df '_wsyd-"--. ® SS n Subscribed and sworn tts befors Me 1.4R, day Q // L/ , 1917 _ :My Cnmbi�ssi9 p-1,..[¢, Expire My Commissi n expires: 2: , 19 r Notary Pu c - FORM TO BE MADE T I OUADRUPLICAYE: WHITE FORM must be an original copy on both sides and signed. WHITE AND GREEN copies must be filed with the Slate Engineer.PINK COPY is for the Ownir and YELLOW COPY is for the driller. • • • WRJ 5-Rev. 76 COLORADO DIVISION OF WATER RESOURCES 818 Centennial Bldg., 1313 Sherman St., Denver,Colorado 80203 RECEIVED PERMIT APPLICATION FORM Application must be complete where hlth�i ( ) A PERMIT TO USE GROUND WATER applicable. Type or I )A PERMIT TO CONSTRUCT A WELL print in BLACK FOR: I )A PERMIT TO INSTALL A PUMP 04-09-88 2:48 P INK.No overstrikes -t',rEa ' 1)t€t or erasures unless 9 ENtlfga (X I REPLACEMENT FOR NO. 107562 032%72 6G•C0 initialed. Y(Ei. ( )OTHER - flaXtr—rsefrn WATER COURT CASE NO. hd�4'I Uc0.uO (1) APPLICANT•mailing address FOR OFFICE USE ONLY: IP524it�? WR OW THIS COLUMN / ROWS P0015 NAME Pluss :Turkey &arm ReceiptNoV.1 ac4 fTL1 20.00 LrttWWUE L'U STREET 25520 W.C.R. 40 Basin CMG Dist. 0.00 CITY Kersey, Colorado 80642 NH 1 (State) (Zip) CONDITIONS-bF AA0T 19VAL TELEPHONE NO. 535-4496 This well shall be used in such a way as to cause no material injury to existing water rights. The 12) 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 '4 of the SE /.,Section 32 ISSUANCE OF THIS PERMIT DOSS NOT CONFER-A-DECREED WATER_RIGHT-- Twp. 4 N , Rng. 64 W 6th P.M. 1) APPROVED PURSUANT TO CRS 37-92-602(3)(c) cnt,si (e.wi THE RELOCATION OF EXISTING WELL PERMIT NO (3) WATER USE AND WELL DATA 107562. THE EXISTING WELL MUST BE PLUGGED ABANDONED ACCORDING TO THE RULES AND REGULA- TIONS FOR WATER WELL AND PUMP INSTALLATION Proposed maximum pumping rate (gpm) 15 CONTRACTORS LSNT ON OFSTHB NEW WELL. THE 90)ENCLOSED OF CAFFI- 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 LAND OF 4 ACRES DESCRIBED AS THE SW 1/4 OF THE SE 1/4 Proposed total depth (feet): 260 SECTION 32, T4N, R64W OF THE 6TH P.M., WELD Aquifer ground water is to be obtained from: 3) APPROVED FOR THE WATERING OF LIVESTOCK Oh Laramie Fox—Hills FARM OR RANCH. 1.41(4,s Owner's well designation GROUND WATER TO BE USED FOR: ( ) HOUSEHOLD USE ONLY -no irrigation (0) ( ) DOMESTIC (1) I ) INDUSTRIAL 15) (X) LIVESTOCK (7) ( ) IRRIGATION (6) ( )COMMERCIAL (4) ( )MUNICIPAL (8) ( I OTHER (9) APPLICATION APPROVED DETAIL THE USE ON BACK IN (11) PERMIT NUMBER ( o2% rl (4) DRILLER DATE ISSUED JUN 2n Iooe Name R & R Welt & Pump, Inc EXPIRATION DATE JUN 2 0 1990 Street P.O. Box 577 a _ . / Cary Greeley, Colo( 80632 ATE EN (NFER) (Stared (Zipl Telephone No. _ Lic.No. ( ( r— I.O. ` - ©/ COUNTY a, •_, 'WELD COUNTY HEALTH DEPARTMENT 2 aosc / # ‘. 1555 17th Ave. p P 44:e�ell.74� Greeley, Colorado No. -aOC� 6 Application for Permit to Install, Construct, Alter or Repair Individual Sewage Disposal System. �O� r or Sponsor Address /� Phone o� �le f i�'r. /".y,P�ri c,?o E `0 0 0205-to '$ Address of Site �r SI eon/a a ton Mailing Address / ear Jo oS Co v T3�+ AeY 7 now, ./Dingy Seai4 — .....c -Ors o?u.,'Ls ww'U�101 T.dt�e.t .4 9(44„,, as.i� Rr General Information d Septic Tank Alta. a1 rev s 1. Living Units #/r-2 t. •1. Liquid Capacity /00 O Gallons 2. No. of Bedrooms 2. Dimension, L D 3. No. of Baths 1 3. Material Cent Ply 4. Basement Drain /G6 4. Type Inlet 5. Automatic Dishwasher PS Type Outlet 6. Garbage Disposal s s 7. Automatic Laundry c Secondary Treatment 170 8. Size of Lot ti�0 // icia SS 9. Type of Soil Sr k fl e?IS Bed '7 lit- 10. Percolation Test /1,G^ /0 f* :„ 1. No.of distributi lines 11. Water Supply `G1t�`- — 2. Trench: Width Length_ 12. Lot Grade 3. Type Filler Material 13. Water Table Depth 4. Depth of Filler Material 14. Other 5. Gravel Size 6. Type Tile b.- -7-7 ( e c< c1Q 7. Depth of Cover 8. Other The Permit is to remain in full force and effect for six (6) months from date, until revoked for non-compliance. This system will be constructed in accordance with the above specifications and regulations governing non- municipal sewage disposal systems, in accordance with Regulation No. 1 of the Weld County Health De- partmentt rr '' r Date:A4-4••5� /7, if 7-z- Applicant �wr The plans and specifications as shown are approved, pending payment f p fee. Sanitariap: • ^� Date: v` '<^- /7, N2Zi The above system inspected /and found to comply with the plan and description./- Installed by t ftt _) 420I .. Sanitarian:,,, / as, cs-e PERMIT FEE $ , Received by ��,--20 �• DateA � S� /Z. �9 71 CM Please use reverse side for Plot Plan or use separate sheet of paper. / u.,. • • •• i _ MI ay , s , ,r t\.\ \, 5 D I • I�c°D . -\ Scanning Cover Sheet for Septic Permits Permit # G19722080 Permit Type: Health/EHS History/EHS Conversion History Situs Street Address 25776 CR 40 Situs City, State, Zip Sec/Town/Range: 32-04N-64W Application Status: Finaled Application Date: 03/11/1996 Parcel # (lzdigjts) 105332000011-R4287186 Owner Full Namei PLUSS TURKEY FARMS Owner Address: RT. 1 BOX 207 KERSEY,CO 80644 Owner Phone #: 303 2846458 Contact Name: Contact Address: • Contact Phone# Information above has been Verified in Accela by employee noted below x -A-011-/A-Obtecti7April 06, 2009 Processed by: Date Report ID: EHS00024v003 Page 1 of 1 Print Date-Time:4/6/2009 7:59:07AM Hello