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Home My WebLink About20111716.tiff RESOLUTION RE: ACTION OF BOARD CONCERNING RECORDED EXEMPTION #4747 - JOHN AND LAURA UNDERHILL 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, on January 10, 2008, the Department of Planning Services administratively approved the request of Tamijo, LLC, do Bing Sellers,for Recorded Exemption#4747,to divide the property into parcels estimated to be approximately 28.10 acres and 12.12 acres,for property which is located on the following described real estate, to-wit: SE1/4 NE1/4 of Section 17, Township 1 North, Range 67 West of the 6th P.M., Weld County, Colorado WHEREAS,the Department of Planning Services staff notified the current applicant/property owners, John and Laura Underhill, 8206 County Road 8, Brighton, Colorado 80603, by certified letters dated April 6, and May 5, 2011,that certain outstanding Conditions of Approval had not been completed and that the matter would be scheduled for a hearing before the Board of Weld County Commissioners unless written documentation was received requesting a withdrawal of the case,or the outstanding items were completed and the mylar plat recorded, and WHEREAS, after reviewing Department of Planning Service's concerns and hearing the testimony presented, the Board determined that said request shall be continued until July 18,2011, to allow the applicant additional time to complete the remaining Conditions of Approval and record the mylar plat. WHEREAS, after reviewing the matter and hearing the testimony presented on July 18, 2011, the Board determined that the remaining Conditions of Approval have been completed and that Recorded Exemption #4747 shall be referred back to staff for processing. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that Recorded Exemption #4747 be, and hereby is, referred back to staff for processing. QL PL, Appl. 2011-1716 RE4747 RE#4747 - JOHN AND LAURA UNDERHILL PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 18th day of July, A.D., 2011. BOARD OF COUNTY COMMISSIONERS s ELD COUNTY, CO ORADO I, �f' ATTEST: '' u.tii A__,-c L_— fi r a Kirkmeye , Chair Weld County Clerk to the Boar # tl 'C ° !` P. C nway, Pro-Tem BY: tC J 14 i Deput , lerk to the Board William F. Garcia APP, AS M: EXCUSED ita. d E. Long oun ttorney c poa,Ls, r4a)‘41nu C L Douglas Rademach r Date of signature: g//6// / 2011-1716 RE4747 Esther Gesick From: Chris Gathman Sent: Friday, July 15, 2011 2:12 PM To: Esther Gesick; Donna Bechler; Christie Peters Subject: RE-4747 Another case scheduled for Monday has been completed.This plat has been submitted for recording and all conditions have been addressed. Please send up the file when you get a chance. Thanks! Chris Gathman Planner Ill Weld County Department of Planning Services 1555 N. 17th Avenue,Greeley CO.80631 Ph: (970)353-6100 ext.3537 Fax: (970)304-6498 i{ 20i1 W UNTY u Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication.Any disclosure, copying,distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. 2011-1716 1 1861-2011 MEMORANDUM ��' TO: Weld County Commissioners WEL`�� OUNTY I _I DATE: June 10, 2011 FROM: Chris Gathman SUBJECT: RE-4747 Status Timeline: • Administratively approved with conditions 2/6/2008. • Letter for current property owners(Underhills) RE: whether or not there is an intent to proceed 10/27/2010 • Response letter from current property owners indicating the intent to proceed with RE-4747 • Late plat notification letter sent via certified mail 4/6/2011 • Staff comments e-mailed to current owner(Underhills)4/12/2011 • Certified mail receipt received 4/13/2011 • 2n° late plat notification letter sent via certified mail 5/5/2011 • Certified mail receipt received 5/11/2011 • Draft plat submitted 5/31/2011 • Plat reviewed and comments provided to surveyor 6/2/2011 • Draft shared well agreement provided to surveyor 6/9/2011 Remaining Outstanding Conditions of Approval: D. The applicant shall submit a joint ownership, access and/or operation maintenance agreement for the shared well.This agreement shall be delineated on the plat and an appropriate certificate using the language set forth in the Weld County Code, Appendix 24-F.2 shall be included. O. The applicant shall submit a partial vacation for USR-1449 in compliance with Section 23-2- 200.G of the Weld County Code to the Department of Planning Services. Due to the foreclosure of the Subdivision Exemption 1052 on site the applicant shall either apply for and be approved for an Amended Use by Special Review or apply for a residential building permit for the proposed Lot B. 3. The Mylar plat and additional requirements shall be submitted within sixty(60)days from thedate the Administrative Review was signed.The applicant shall be responsible for paying the recording fee. Staff Recommendation: The applicant has been diligently working to finalize conditions of approval. The plat has been drafted and is almost finalized. The well agreement needs to be finalized and submitted for recording either prior to or submitted for recording with the final plat. Additionally, the owners indicated that they will submit a letter vacating USR-1449 on the property—the Staff recommends that the case either be continued for 30 days. • . Donna Bechler From: Chris Gathman Sent: Friday, June 10, 2011 7:35 AM To: Christie Peters; Donna Bechler Subject: FW: Well Sharing Agreement Draft Attachments: underhillwellsharingagreement.pdf One more e-mail regarding RE-4747. Sorry, I am forwarding anything I missed as I go through the case files. Chris Gathman Planner Ill Weld County Department of Planning Services 1555 N. 17th Avenue, Greeley CO. 80631 Ph:(970)353-6100 ext.3537 Fax:(970)304-6498 W fi6_/fOaN II Confidentiality Notice:This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Chris Gathman Sent: Thursday, June 09, 2011 3:15 PM To: 'ALPHASURVEYING@aol.com' Cc: 'johneunderhill@aol.com'; 'mark@flanderslaw.com' Subject: FW: Well Sharing Agreement Draft Joel, I received evidence of payment of the school fee from the Underhill's. Here is a copy of the draft well sharing agreement. I am OK with the well agreement language. I spoke to the Underhills yesterday and they indicated they would provide a letter vacating the USR. The options on the plat are to: 1) Have the well agreement signed and submit for recording with the plat and have an area on the plat to write down the recording information). 2) Record the well agreement 1st and place the recording information on the RE-4747 plat. If all of this information is submitted by end of the day tomorrow(or no later than 15`thing Monday morning)—then we can dismiss this case at the Monday 6/13 Board of County Commissioners hearing. 1 • • Sincerely, Chris Gathman Planner Ill Weld County Department of Planning Services 1555 N. 17th Avenue,Greeley CO.80631 Ph:(970)353-6100 ext. 3537 Fax: (970)304-6498 wrfo_-CCii j r u Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: JohnEUnderhilk@aol.com fmailto:JohnEUnderhilk aol.coml Sent: Wednesday, June 08, 2011 9:58 PM To: Chris Gathman Subject: Fwd: Well Sharing Agreement Draft From: mark c(�.flanderslaw.com To: JohnEUnderhill a(�aol.com Sent: 6/8/2011 12:13:24 P.M. Mountain Daylight Time Subj: Well Sharing Agreement Draft See attached and call me to discuss. Regards, Mark Flanders, Elsberg, Nash, Herber& Dunn, LLC Mark A. Herber, Esq.* 401 Main Street, Suite 1 Longmont, CO 80501 303-776-5380 (office) 2 720-864-2130 (direct) 303-776-8102 (fax) *Licensed in Colorado, Texas & Oklahoma PRIVILEGED AND CONFIDENTIAL The information contained in this e-mail together with any attachments is from Flanders, Elsberg, Nash, Herber& Dunn, LLC and may be covered by the attorney-client privilege or may be confidential. If you are not the intended recipient please let us know and destroy all copies of this e-mail. Thanks! 3 Christie Peters From: Chris Gathman Sent: Thursday, June 09, 2011 7:47 AM To: Christie Peters; Donna Bechler Subject: FW: RE-4747 plat revisions & remaining conditions Attachments: sample shared well agreement.pdf Chris Gathman Planner Ill Weld County Department of Planning Services 1555 N. 17th Avenue,Greeley CO.80631 Ph:(970)353-6100 ext. 3537 Fax:(970)304-6498 184 , 131I w u'co U NTI Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Chris Gathman Sent: Thursday, June 09, 2011 6:36 AM To: 'ALPHASURVEYING@aol.com' Subject: FW: RE-4747 plat revisions & remaining conditions Joel, I spoke to John Underhill yesterday—he indicated that you have made the revisions to the RE-4747 plat and have a finalized version of it. Can you send me a pdf copy so I can take a look at it. Thanks, Chris Gathman Planner Ill Weld County Department of Planning Services 1555 N. 17th Avenue,Greeley CO.80631 Ph:(970)353-6100 ext. 3537 Fax:(970)304-6498 I8 II l0il f,.-.. W E2 'EOU N'v u� 1 o;2O /-.1.-1947 Confidentiality Notice:This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Chris Gathman Sent: Thursday, June 02, 2011 2:25 PM To: 'ALPHASURVEYING@aol.com' Cc: 'johneunderhill@aol.com' Subject: RE-4747 plat revisions &remaining conditions Joel, I have reviewed your draft plat and have the following changes: 1) The applicant shall submit a joint ownership, access and/or operation maintenance agreement for the shared well. This agreement shall be delineated on the plat and an appropriate certificate using the language set forth in the Weld County Code, Appendix 24-F.2 shall be included. A shared well agreement/easement needs to be submitted and indicated on the plat. (I have attached an example shared well agreement) In addition to the shared well agreement—the following conditions are still outstanding: The applicant shall address the requirements of Weld County School District RE-8 as stated in the referral response dated November 20, 2007. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. The applicant shall submit a partial vacation for USR-1449 in compliance with Section 23-2-200.G of the Weld County Code to the Department of Planning Services. Due to the foreclosure of the Subdivision Exemption 1052 on site the applicant shall either apply for and be approved for an Amended Use by Special Review or apply for a residential building permit for the proposed Lot B. (Since Bing's business is no longer on the property—and if the property is not intended to be used as a construction business-Another option to address the above condition would be to submit a letter requesting that USR-1449 be vacated.) Let me know if you have any questions. Sincerely, Chris Gathman Planner Ill Weld County Department of Planning Services 1555 N. 17th Avenue,Greeley CO.80631 Ph:(970)353-6100 ext. 3537 Fax:(970)304-6498 III4I 1011 W OU N TY u 2 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication.Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. 3 IIIIIIIIIIIIIIIIIIIIIIII1111111111111111111111111111111 t6 r 016 k P Weld Cunty, CO 11of319 RO6.00M�.00 2 S005 teve Morenoo Clerk&Recorder ^ WELL SHARING AGREEMENT This agreement is entered into this 25'"day of July between Brian and- Fabrizius and Nick Varra. This well is currently used by both parties and is located SE 'A NE1/4 Section 32 Township 9N Range 66W Sixth P.M. 1463 Ft. from North Section Line 296 Ft. from East Section Line. A. Both panics agree to continue to use the well for the purpose of continued water use in the manner and for the purpose which has been historically established. B. Both parties agree to 70%use for Fabrizius and 30%use for Varra. Well is located on proposed Fabrizius property. AGREEMENT 1. Fabrizius and Varra agree to continued use of water from said well in the manner and for the purposes which have been historically established. 2. Both parties agree to 70%-30%sharing of costs for the purpose of inspection, maintenance,repair,and replacement of said well, pump, water lines,and any other associated accessories as maybe required from time to time. 3. Both parties agree to comply with applicable federal,state,and local law. 4. This agreement is binding on the heirs,representatives, successors,and assigns of both parties. IN WITNESS WHERE OF,The parties hereto have executed this well sharing agreement this 015_ of 2005 _ Brian R. Fabrizius ��tAq + '� 7' i � i i/rl//e!-// -vii-y./ AT ��s� Nicholas A. Varra 4 s 65, I;g r- , OF OOs _ ...,.__ 0.a3.0l 1861 - 2011 DEPARTMENT OF PLANNING SERVICES 1555 N 17th Ave W E L DEC O U N T Y Greeley, CO 80631 cgathman@co.weld.co.us PHONE: (970) 353-6100, Ext. 3540 FAX: (970) 304-6498 May 5, 2011 John & Laura Underhill 8206 CR 8 Brighton, CO 80603 Re: Conditions of Approval: Recorded Exemption RE-4747 Dear Applicant: This is a follow up letter from a previous letter send April 6, 2011 regarding outstanding conditions of approval and items to be completed prior to recording the plat for Recorded Exemption RE-4747. As of the date of this letter the Weld County Department of Planning Services has not received correspondence concerning your intentions specific to this land use application. Should you choose not to complete the Recorded Exemption process and provide the required Mylar Plat, the Department of Planning Services will need to be notified in writing of your decision to withdraw the application. If you chose to withdraw the application please sign and date the enclosed form and return to the Weld County Department of Planning Services, Attn: Chris Gathman, 1555 N 17th Ave., Greeley, CO 80631. If you are unable to meet the Conditions of Approval and record the plat by June 13, 2011 a hearing with the Board of County Commissioners will take place at the Centennial Center, located at 915 10th Street, on the first floor at 9:00 am on June 13, 2011. It is strongly encouraged that you attend this hearing. At this hearing the Board of County Commissioners has the authority to grant additional time to meet all the conditions/requirements of approval and record the plat or formally vacate Recorded Exemption RE-4747. If you have further question, please contact me at the above address or call (970) 353-6100 x 3540. Sincerely, Chris Gathman Planner III 2011-1348 • May 5, 2011 Department of Planning Services Attn: Chris Gathman 1555 N. 17th Ave Greeley, CO 80631 RE: Recorded Exemption RE-4747 Dear Mr. Gathman, I wish to withdraw our Recorded Exemption Application, Thanks. John Underhill date Laura Underhill date • SENDER: COMPLETE THIS SECTION t'o;trt F7t THIS SECTION ON DELIVERY • Complete Items 1,2,and 3.Also complete A. SI store O Item 4 If Restricted Delivery Is desired. _ • Print your name and address on the reverse .,tQi :f d see so that we can return the card to you. B. ived by(Printed Name) C. Date of Delivery • Attach this card to the back of the maiipiece, or on the front if space permits. }}�� 1. Article Addressed u• 1 to: 1\ D,, �I addres :ratem t? O Yes O No Vi '7Z0(0 (12-- MAY 112p11 2411 %tx'tx' ) CO !`30bo3 ptd cour 3. Sem lope,_, A Certified Mail O Express Mall O Registered O Return Receipt for Merchandise O Insured Mall O C.O.D. 4. Restricted Delivery?(Extra Fee) O Yes 2. Article Number 7010 1870 0000 4773 9202 (Transfer from service label) PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540 U.S. Postal Services., CERTIFIED MAILtr.i RECEIPT ru (Domestic Mail Only;No Insurance Coverage Provided) ci 11J F•r •elivery inf.rmati.n visit.urwe•site alwww.us.s.c•me; ._ Q t` r Postage $ Certified F69 � Postmark CI Return Receipt Fee re (Endorsemem Required) He (Endorsement Required)e - CI Restricted Delivery e Total Postage 8 Fees $ ra ant o Jt,+,v & Lcw,a U„c 1 ra Treer.Aptlxo.; 0 or POBox No. p ZOL, CV— T/_ ~ Crry,smra LP+4 Br; v-a- cc gV 00 PS Form 3800 August 2006 See Hes.roc loi in•nructions Chris Gathman From: Chris Gathman Sent: Tuesday, April 12, 2011 1:11 PM To: 'johneunderhill@aol.com' Subject: RE-4747 staff comments and remaining conditions of approval Attachments: RE 4747 plat conditions & referrals.pdf; re4747revised.doc John, Attached are the staff comments and remaining conditions of approval that are indicated in the RE-4747 file. Let me know if you have any questions. Sincerely, Chris Gathman Planner Ill Weld County Department of Planning Services 1555 N. 17th Avenue, Greeley CO. 80631 Ph:(970)353-6100 ext.3537 Fax:(970)304-6498 I 4t laii , of f td. 0',iN 7 v I Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. 1 f � • DEPARTMENT OF PLANNING SERVICES 1555 N 17th Ave Greeley, CO 80631 O cgathman@co.weld.co.us Ext. 3 37 PHONE: (970)O FAX: (970) 304=6498 COLORADO April 6, 2011 John & Laura Underhill 8206 County Road 8 Brighton, CO 80603 Re: Conditions of Approval: Recorded Exemption (RE-4747) Dear Mr. and Mrs. Underhill: On January 10, 2008 an application for a Recorded Exemption on your property was administratively approved by the Weld County Department of Planning Services with specific Conditions of Approval. One of the required Conditions of Approval grants the applicants sixty (60) days to submit a Mylar Plat. In addition to the Mylar Plat all conditions outlined in the staff report needs to be completed. Should you choose not to complete the Recorded Exemption process and provide the required Mylar Plat, the Department of Planning Services will need to be notified in writing of your decision to withdraw the application. Planning Services Staff is aware of the difficulty and associated delays in meeting the Conditions of Approval normally associated with land use cases, and is willing to work with you in completing your request. Please notify the Department of Planning Services, in writing, within 10 working days of your decision to complete the Recorded Exemption within the next 60 days or withdraw. If you chose to withdraw the application please sign and date the enclosed form and return to the Weld County Department of Planning Services, Attn: Chris Gathman, 1555 N 17th Ave., Greeley, CO 80631. If you are unable to meet the Conditions of Approval and record the plat within 60 days of the date of this letter a hearing before the Weld County Board of County Commissioners is scheduled for Monday, June 13, 2011 at 9:00 am. The Board of County Commissioners meet at the Centennial Center, located at 915 10th Street, on the first floor. If you have further question, please contact me at the above address or call (970) 353-6100 x 3540. Sincerely, I� Chris Gathman Planner Ill • April 6, 2011 Department of Planning Services Attn: Chris Gathman 1555 N. 17th Ave Greeley, CO 80631 RE: Application — Recorded Exemption (RE-4747) Dear Mr. Gathman, We wish to withdraw our Recorded Exemption (RE-4747) application. Thanks. Name date Name date SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY ■ Complete items 1,2,and 3.Also complete kem4lfRestrictedDeliverylsdesired. J41 re 'J ' • Print your name and address on the reverse � v��p4ate�Addressee so that we can return the card to you. p APR B. Received by(Printed Name) C.,pa uf.0elivery ■ Attach this card to the back of the mail piece, u uu '1" 1 or on the front if space permits. D. Is de O Yes I. Article Addressed to: If YE s ❑ No `,:Suns4 Lehi - U tII APR 132011 Weld County o Departmeflt Q��L�� CO 20(003 Fit ,_ .)IIl4t 3. service Codified Mail O Express Mall ❑Registered O Return Receipt for Merchandise O Insured Mall O C.C.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number 7010 1870 0000 4773 0230 (transfer from service label) PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540 U.S. Postal Service , CERTIFIED MAILr, RECEIPT (Domestic Mall Only; rrU*tY No Insurance Coverage Provided) F'r•¢every inl•rmati•n visit ••ur we site of OFFICIAL wwwus•sc•m„ r"'. Ur E SPostage $ O Certified Fee (EndO Return Receipt O -orsement Required) Postmark O Here Fee Restricted Delivery O (Endorsement Required) - M1 co Total Postage&Fees $ r-i O Sent To ri • Nokv, _ UU,,Q r-L- I 1 O Srree4ApL Np.'..�.?^i------ .. -- �........................... M1, or POSax No. CU‘.-.a. V (; City,State.Z%P+C �-'�..................---.........F._G!L -1 4.O,.,$ CCD. $CXa03_..__._..... PS Form 3800.August 2005 See'reverse for Instructions Identify Results Page 1 of 1 Parcel Valuation Account#: R4228006 Parcel#: 146917100049 Owners Name &Address: Property Address: UNDERHILL JOHN E Street: WELD 8206 COUNTY RD 8 City: WELD BRIGHTON, CO 80603 Additional Owners: UNDERHILL LAURA L Business/Complex: Legal Description PT SE4NE4 17-1-67 EXC SE-1052 Land Value $1,933 Land Assessed Value $570 Impr. Value $35,834 Impr. Assessed Value $10,390 Total Value $37,767 Total Assessed Value $10,960 Tax Area: Bordering County: Township Range Section Ouart. Sec. Subdivison Name Block# Lot# 01 - 67 - 17 - 1 - - Land Subtotal: Acres:37.82 Sale Price Sale Date Deed Type Reception # $0 http://maps2.merrick.com/Website/Weld/setSgl.asp?cmd=QUERY&DET=Parcel&pin=146... 4/4/2011 Kitt a DEPARTMENT OF PLANNING SERVICES Greeley Planning Office 1555 North 17` Avenue 111 p I Greeley, Colorado 80631 WEBSITE: www.co.weld.co.us OE-MAIL: kogle@co.weld.co.us • PHONE (970) 353-6100, EXT. 3549 FAX (970) 304-6498 COLORADO October 27, 2010 John Underhill 8206 County Road 8 Brighton, CO 80603 Subject: Administrative Services, RE-4747 Dear Mr. Underhill: The Department of Planning Services received a verbal request from you concerning the above referenced land use case. This case, RE-4747 was submitted by Bing Sellers on behalf of Tamijo LLC, in November 2007. The conditions of approval were not met and the case is presently deemed inactive, as Mr. Sellers no longer owns the property on which the application was submitted. Weld County records indicate that the Mr. Sellers filed for bankruptcy discharge in the United States Bankruptcy court for The District of Colorado at Case Number 08-24968. Rocky Ridge purchased all of the right, title and interest to Tamijo and the real property from the Bankruptcy estate. As you are aware, the Bankruptcy Court file indicates that the sale and transfer of the Tamijo real property interests went to Rocky Ridge. As stated in the Settlement Agreement document, [Reception no. 3720555 recorded September 23, 2010] the Underhill's own 100% of all interest in and to Rocky Ridge and Rocky Ridge owns 100% interest in and to Tamijo. As current property owner, you are able to submit a letter indicating that you wish to proceed with the Recorded Exemption as conditionally approved or withdraw the application. The Department of Planning Services requests that this action be taken prior to December 1, 2010. As previously indicated, staff received a verbal request from you via telephone to photocopy the case file and mail this document to your attention. Staff has completed your request and has included this document with this mailing. The fees associated with this transaction are itemized below. • Professional Services — RE-4747 File Photocopy Document Sheet count: 76— 8.5x11 at 0.25 cent/sheet 19.00 dollars Postage and Handling 5.00 dollars Total reimbursement 24.00 dollars Please remit the fee(s) associated with your request, payable by check to the Department of Planning Services. Should you have additional questions or require clarification on any of the points presented herein, please contact this office. Thank you. Sincerely, Planning Services File, RE-4747 • • Page 1 of 1 Jacqueline Hatch From: Jacqueline Hatch Sent: Wednesday, April 30, 2008 2:20 PM To: 'bing@kbci.cc' Subject: RE-4747 Plats Bing, I have reviewed the paper plats and the following items still need to be addressed at this time. The following are changes to the plat 1. an easement certificate needs to be placed on the plat (see appendix 24.F of the Weld County Code) The following are conditions of approval D. The applicant shall submit a joint ownership, access and/or operation maintenance agreement for the shared well. This agreement shall be delineated on the plat and an appropriate certificate using the language set forth in the Weld County Code, Appendix 24-F.2 shall be included. N. The applicant shall address the requirements of Weld County School District RE-8 as stated in the referral response dated November 20, 2007. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. O. The applicant shall submit a partial vacation for USR-1449 in compliance with Section 23-2- 200.G of the Weld County Code to the Department of Planning Services. Due to the foreclosure of the Subdivision Exemption 1052 on site the applicant shall either apply for and be approved for an Amended Use by Special Review or apply for a residential building permit for the proposed Lot B. P. 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. (at the time the mylar is submitted) If you have any questions please do not hesitate to contact me. Thanks, Jacqueline 04/30/2008 • i CASE: - y 7 /t� Plat Checklist POC Planner Item Comments Check Check Proper size and material 24" x 36" or 18" x 24"/Minimum 3 millimeter polyester sheet Lettering No stick-on lettering / Minimum 8 pt. lettering Boundaries of Lots Scale Suitable Scale? (1"=200'or 1"=100') Accesses indicated Shared Access?If so, is easement Certificate included? lY� 1-te Roads labeled, including R.O.W • I Building Envelope(s) *V C Vicinity Map Suitable Scale?(Minimum 1"=2000') North Arrow Legal Description L./ Notes from Planner/ Development Standards Conditions of Approval ,S 0 Ukun da -(PI fb„0Ol ,,, Owner's Certificate Notarial Certificate included?All owners must sign the plat, check the deed. Surveyor's Certificate and All surveyed plats Surveyor's Stamp Note:USR plats do not need to be surveyed Director of Planning Notarial Certificate included? (RE, SE, SPR,Final PUD if Staff Certificate Approved) r�' Planning Commission (USR,COZ,Minor Sub. Final) Certificate Board Certificate (USR, COZ„Minor Sub Final) (Final PUD, RE, SE&ZPMH if Board approved) Typical Road Cross Section (COZ, Final Minor Sub. and Final PUD) Easements '9 0 Please return the plat to the CAD Technician within 24 hours of receiving the plat. Paper Plats: „ s)J (Initials)Date: r Surveyor&Date: ' 6^' 1 I ✓✓r Applicant&Date: Planner Signature: Date: dill • CASE: Plat Checklist POC Planner Item Comments Check Check Proper size and material 24" x 36" or 18"x 24"/Minimum 3 millimeter polyester sheet V Lettering No stick-on lettering / Minimum 8 pt. lettering n,,,,tc`,. Boundaries of Lots To (cr-- Scale Suitable Scale? (1"=200'or 1"--100') L,7"- Accesses indicated Shared Access?If so,is easement Certificate included?/-ri,rA✓; Roads labeled, including R.O.W C-- -,p-4 Building Envelope(s) t-;l P Vicinity Map Suitable Scale?(Minimum 1"=2000') 0 North Arrow Legal Description ,"f ti C s(- Notes from Planner/ s z c f r er Development Standards J Conditions of Approval _SC c. , tWr , e:e7 cc, 6v',- rt'rc......'1-- J1 _ /0 -,<.rh,. _ d 1- -rA . Owner's Certificate Notarial Certificate included?All owners must sign the plat, ter check the deed. Surveyor's Certificate and All surveyed plats Surveyor's Stamp Note: USR plats do not need to be surveyed Director of Planning Notarial Certificate included? (RE, SE, SPR, Final PUD if Staff Certificate Approved) Planning Commission (USR,COZ,Minor Sub. Final) Certificate Board Certificate (USR, COZ„ Minor Sub Final) (Final PUD,RE, SE&ZPMH if Board approved) Typical Road Cross Section (COZ, Final Minor Sub. and Final PUD) Easements Please return the plat to the CAD Technician within 24 hours of receiving the plat. Paper Plats: L (Initials)Date: C-N-0 Surveyor&Date: Applicant&Date: Planner Signature: Date: • • REVISED DEPARTMENTRECORDED EXEMPTION ERVICES ADMINISTRATIVE REVIEW COLORADO Applicant: Tamijo LLC RE-4747 Planner: J. Hatch Legal Description: SE2 NE4 Section 17, T1N, R67W of the 6'h P.M., Weld County, CO. Parcel ID#: 1469 17 100049 & 1469 17 100048 Lot A Size: 12.12 +/- acres Lot B Size: 28.10 +/- acres Water Source: Proposed Well Sewer System: Septic Criteria Checklist Yes No X 1. Conforms with Chapter 22 of the Weld County Code and any adopted municipal plan. X 2. Compatible with the existing surrounding land uses. X 3. Consistent with the intent of the zone district. X 4. Consistent with efficient and orderly development. X 5. Complies with Recorded Exemption standards in Section 24-8-40 of the Weld County Code. X 6. Provides for adequate protection of the health, safety, and welfare of the inhabitants of the neighborhood and the County. Approved with Conditions The Weld County Department of Planning Services has determined through an administrative review that the standards of Section 24-8-40 of the Weld County Code have been met. This Recorded Exemption is approved with the following conditions in accordance with information submitted in the application and the policies of Weld County. 1. A Weld County septic permit is required for any proposed home. The septic system shall be installed according to the Weld County Individual Sewage Disposal System (I.S.D.S.) regulations. 2. The applicant has proposed a well as the source of adequate water for Lot A. Property owners are advised that the quantity of water available for usage may be limited to specific uses, i.e., "Domestic Use Only," etc. Because each situation is unique, the Department of Planning Services • • encourages property owners to contact the Office of the State Engineer, Division of Water Resources (1313 Sherman Street, Room 818, Denver, Colorado 80203. Phone 303-866-3581), to discuss each individual situation. 3. Prior to recording the plat: A. The applicant shall submit to the Department of Planning Services evidence that Bing Sellers has authority to sign for Tamijo LLC. B. The applicant shall submit written evidence to the Department of Planning Services that the two existing parcels on site have been combined back into one parcel. A deed has been submitted demonstrating the foreclosure of the Subdivision Exemption 1052. C. The plat shall be titled: Recorded Exemption No. 1469-17-1 RE-4747 D. The applicant shall submit a joint ownership, access and/or operation maintenance agreement for the shared well. This agreement shall be delineated on the plat and an appropriate certificate using the language set forth in the Weld County Code, Appendix 24- F.2 shall be included. .,._ < ,( 1305,cry wctk- .50U re o - E. Lot A shall be granted one access, no circle drives or additional accesses shall be granted. The access road shall be graded and drained to provide all weather access. Accesses shall be placed in such a location as to have adequate sight distance in both directions, shall not be placed below the crest of a hill or where physical obstructions are present. F. Lot B shall use the existing residential access point as no additional accesses shall be granted. The applicant shall also recorded a separate shared access in this location for the benefits of the Subdivision Exemption 1052 Lot and Lot B of this Recorded Exemption. The agreement needs to be signed by both Tamijo LLC and Country Wide Home Loans LLC. The recording information and access location shall be delineated on the plat. G. All approved accesses shall be clearly shown on the plat. The applicant shall contact the Weld County Department of Public Works to determine if a culvert is necessary at any approved road access point. If a drainage culvert is required, a 15 inch Corrugated Metal Pipe (CMP) is Weld County.s minimum size. If the applicant chooses to place a larger culvert please contact the Weld County Department of Public Works to adequately size the culvert. H. County Road 17 is designated on the Weld County Road Classification Plan as a local gravel road, which requires 60 feet of right-of-way at full build out. The applicant shall verify the existing right-of-way and the documents creating the right-of-way and delineate them on the plat. All setbacks shall be measured from the edge of future right-of-way. If the right-of- way cannot be verified, it shall be dedicated. This road is maintained by Weld County. I. The applicant shall attempt to address the requirements (concerns) of the Mountain View Fire Protection District, as stated in the referral response dated November 28, 2007. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. J. The applicant attempt to address the requirements (concerns) of Department of Building Inspection, as stated in the referral response dated November 28, 2007. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. K. The applicant shall attempt to address the requirements (concerns) of Department of Public Works, as stated in the referral response dated December 10, 2007. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. jkutek L. The applicant attempt to address the requirements (concerns) of Department of Public Health and Environment, as stated in the referral response dated December 12, 2007. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. M. The applicant attempt to address the requirements (concerns) of State of Colorado Division of Wildlife, as stated in the referral response dated November 27, 2007. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. N. The applicant shall address the requirements of Weld County School District RE-8 as stated in the referral response dated November 20, 2007. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. O. The applicant shall submit a partial vacation for USR-1449 in compliance with Section 23-2- 200.G of the Weld County Code to the Department of Planning Services. Due to the foreclosure of the Subdivision Exemption 1052 on site the applicant shall either apply for and be approved for an Amended Use by Special Review or apply for a residential building permit for the proposed Lot B. P. 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. Q. The following notes shall be placed on the plat: 1) All proposed or existing structures will or do meet the minimum setback and offset requirements for the zone district in which the property is located. Pursuant to the definition of setback in the Weld County Code, the required setback is measured from the future right-of-way line. No building or structure as defined and limited to those occupancies listed as Groups A, B, E, F,H, I, M and R in Section 302.1 of the 2003 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. 2) Any future structures or uses on site must obtain the appropriate zoning and building permits. 3) Lot A is not eligible for a future land exemption in accordance with Section 24-8- 20.C.1 of the Weld County Code. 4) Prior to the release of building permits, the applicant shall submit a recorded deed describing the Lot upon which the building permit is requested with the building permit applications. The legal description on such deed shall include the Lot designation and Recorded Exemption number. 5) Prior to the release of building permits, the applicant shall submit evidence to the • . Department of Planning Services that Lot A has an adequate water supply of sufficient quality, quantity and dependability. 6) Prior to the release of building permit, the applicant shall submit evidence of approval from the Mountain Fire Protection District to the Weld County Building Department. 7) The applicant has proposed a well as the source of adequate water for Lot A and Lot B. 8) Potential purchasers should be aware that Lot A 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. 9) 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. 10) Potential purchasers should be aware that approval of this Recorded Exemption does not guarantee that well permits will be issued for the lots. Any lot may be deemed non-buildable if the lot owner is unable to obtain a well permit. The State Division of Water Resources issues all well permits. 11) 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. 12) Recorded Exemptions on adjacent properties may raise the issue of compliance with the intent of the Recorded Exemption Process. Approval of this Recorded Exemption does not guarantee approval of future applications on adjacent properties. 13) 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. 14) Effective January 1, 2003, Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County Road Impact Program. (Ordinance 2002-11) 15) Effective August 1, 2005, Building permits issued on the subject site will be required to adhere to the fee structure of the Capital Expansion Impact Fee and the Stormwater/Drainage Impact Fee. (Ordinance 2005-8 Section 5-8-40) 16) The property owner acknowledges that mineral owners and lessees have real property interests that entitle them to surface use in accordance with Colorado State Statutes and applicable Colorado oil and Gas Conservation Commission regulations. (Department of Planning Services) 17) WELD COUNTY'S RIGHT TO FARM: Weld County is one of the most productive agricultural counties in the United States, ranking fifth 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 longstanding 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 area: 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; and the use of pesticides and fertilizers in the fields, including the use of aerial spraying. Ditches and reservoirs cannot simply be moved out of the way of residential development without threatening the efficient delivery of irrigation to fields which is essential to farm production. 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. Weld County covers a land area of over 4,000 square miles in size (twice the State of Delaware) with more than 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. Snow removal for roads within subdivisions are of the lowest priority for public works or may be the private responsibility of the homeowners. 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. Children 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 present real threats to children. Controlling children's activities is important, not only for their safety, but also for the protection of the farmer's livelihood. Parents are responsible for their children. 4. This Recorded Exemption was approved to bring an illegal parcel into compliance with the State of Colorado and Weld Countyis minimum lot size requirements. 5. 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 M M 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 the Administrative Review was signed. The applicant shall be responsible for paying the recording fee. 6. In accordance with Weld County Code Ordinance 2005-7 approved June 1, 2005, should the plat not be recorded within the required sixty (60) days from the date the Administrative Review was signed a $50.00 recording continuance charge may be added for each additional 3 month period. 7. The Department of Planning Services respectfully requests the surveyor provide a digital copy of this Recorded Exemption. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles, Arclnfo Coverages and Arclnfo Export files format type is .e00. The preferred format for Images is .tif (Group 4). (Group 6 is not acceptable). This digital file may be sent to maosCcilco.weld.co.us. 8. The Weld County Department of Planning Staffs approval of this Recorded Exemption Application is based on satisfying the Conditions of Approval. 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 Weld County Board of County Commissioners with a staff recommendation for denial. By Date February 6, 2008 Jacqueline Hatch ❑ Planner • • DEPARTMENT OF PLANNING SERVICES WC RECORDED EXEMPTION ADMINISTRATIVE REVIEW COLORADO Applicant: Tamijo LLC RE-4747 Planner: J. Hatch Legal Description: SE2 NE4 Section 17, T1 N, R67W of the 6t" P.M.,Weld County, CO. Parcel ID#: 1469 17 100049 & 1469 17 100048 Lot A Size: 12.12 +/- acres Lot B Size: 28.10 +/- acres Water Source: Proposed Well Sewer System: Septic Criteria Checklist Yes No X 1. Conforms with Chapter 22 of the Weld County Code and any adopted municipal plan. X 2. Compatible with the existing surrounding land uses. X 3. Consistent with the intent of the zone district. X 4. Consistent with efficient and orderly development. X 5. Complies with Recorded Exemption standards in Section 24-8-40 of the Weld County Code. X 6. Provides for adequate protection of the health, safety, and welfare of the inhabitants of the neighborhood and the County. Approved with Conditions The Weld County Department of Planning Services has determined through an administrative review that the standards of Section 24-8-40 of the Weld County Code have been met. This Recorded Exemption is approved with the following conditions in accordance with information submitted in the application and the policies of Weld County. 1. A Weld County septic permit is required for any proposed home. The septic system shall be installed according to the Weld County Individual Sewage Disposal System (I.S.D.S.) regulations. 2. The applicant has proposed a well as the source of adequate water for Lot A. Property owners are advised that the quantity of water available for usage may be limited to specific uses, i.e., "Domestic Use Only," etc. Because each situation is unique, the Department of Planning Services • • encourages property owners to contact the Office of the State Engineer, Division of Water Resources (1313 Sherman Street, Room 818, Denver, Colorado 80203. Phone 303-866-3581), to discuss each individual situation. 3. Prior to recording the plat: The applicant shall submit to the Department of Planning Services evidence that Bing Sellers has authority to sign for Tamijo LLC. B. The applicant shall submit written evidence to the Department of Planning Services that the . . two existing parcels on site have been combined back into one parcel. .<L.„c' C. The plat shall be titled: Recorded Exemption No. 1469-17-1 RE-4747 D. The applicant shall submit a joint ownership, access and/or operation maintenance agreement for the shared well. This agreement shall be delineated on the plat and an appropriate certificate using the language set forth in the Weld County Code, Appendix 24- F.2 shall be included. E. Lot A shall be granted one access, no circle drives or additional accesses shall be granted. The access road shall be graded and drained to provide all weather access. Accesses shall be placed in such a location as to have adequate sight distance in both directions, shall not be placed below the crest of a hill or where physical obstructions are present. F. Lot B shall use the existing residential access point as no additional accesses shall be granted. All approved accesses shall be clearly shown on the plat. The applicant shall contact the Weld County Department of Public Works to determine if a culvert is necessary at any approved road access point. If a drainage culvert is required, a 15 inch Corrugated Metal Pipe (CMP) is Weld County's minimum size. If the applicant chooses to place a larger culvert please contact the Weld County Department of Public Works to adequately size the culvert. V County Road 17 is designated on the Weld County Road Classification Plan as a local gravel road, which requires 60 feet of right-of-way at full build out. The applicant shall verify the existing right-of-way and the documents creating the right-of-way and delineate them on the plat. All setbacks shall be measured from the edge of future right-of-way. If the right-of- way cannot be verified, it shall be dedicated. This road is maintained by Weld County. • 4. The applicant shall attempt to address the requirements (concerns) of the Mountain View Fire Protection District, as stated in the referral response dated November 28, 2007. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. The applicant attempt to address the requirements (concerns) of Department of Building Inspection, as stated in the referral response dated November 28, 2007. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. Yf. The applicant shall attempt to address the requirements (concerns) of Department of Public / Works, as stated in the referral response dated December 10, 2007. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. • / The applicant attempt to address the requirements (concerns) of Department of Public Health and Environment, as stated in the referral response dated December 12, 2007. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. M: The applicant attempt to address the requirements (concerns) of State of Colorado Division of Wildlife, as stated in the referral response dated November 27, 2007. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. N. The applicant shall address the requirements of Weld County School District RE-8 as stated in the referral response dated November 20, 2007. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. O. The applicant shall submit a partial vacation for USR-1449 in compliance with Section 23-2- ,icr 200.G of the Weld County Code to the Department of Planning Services. , w,4 , ;,y✓ 1 ) P. 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. / The following notes shall be placed on the plat: 1) All proposed or existing structures will or do meet the minimum setback and offset requirements for the zone district in which the property is located. Pursuant to the definition of setback in the Weld County Code, the required setback is measured from the future right-of-way line. No building or structure as defined and limited to those occupancies listed as Groups A, B, E, F,H, I, M and R in Section 302.1 of the 2003 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. 2) Any future structures or uses on site must obtain the appropriate zoning and building permits. 3) Lot A is not eligible for a future land exemption in accordance with Section 24-8- 20.C.1 of the Weld County Code. 4) Prior to the release of building permits, the applicant shall submit a recorded deed describing the Lot upon which the building permit is requested with the building permit applications. The legal description on such deed shall include the Lot designation and Recorded Exemption number. 5) Prior to the release of building permits, the applicant shall submit evidence to the Department of Planning Services that Lot A has an adequate water supply of sufficient quality, quantity and dependability. 6) Prior to the release of building permit, the applicant shall submit evidence of approval from the Mountain Fire Protection District to the Weld County Building Department. 7) The applicant has proposed a well as the source of adequate water for Lot A and Lot B. 8) Potential purchasers should be aware that Lot A 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. 9) 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. 10) Potential purchasers should be aware that approval of this Recorded Exemption does not guarantee that well permits will be issued for the lots. Any lot may be deemed non-buildable if the lot owner is unable to obtain a well permit. The State Division of Water Resources issues all well permits. 11) 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. 12) Recorded Exemptions on adjacent properties may raise the issue of compliance with the intent of the Recorded Exemption Process. Approval of this Recorded Exemption does not guarantee approval of future applications on adjacent properties. 13) 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. 14) Effective January 1, 2003, Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County Road Impact Program. (Ordinance 2002-11) 15) Effective August 1, 2005, Building permits issued on the subject site will be required to adhere to the fee structure of the Capital Expansion Impact Fee and the Stormwater/Drainage Impact Fee. (Ordinance 2005-8 Section 5-8-40) 16) The property owner acknowledges that mineral owners and lessees have real property interests that entitle them to surface use in accordance with Colorado State Statutes and applicable Colorado oil and Gas Conservation Commission regulations. (Department of Planning Services) 17) WELD COUNTY'S RIGHT TO FARM: Weld County is one of the most productive agricultural counties in the United States, ranking fifth 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 longstanding 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 area: 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; and the use of pesticides and fertilizers in the fields, including the use of aerial spraying. Ditches and reservoirs cannot simply be moved out of the way of residential development without threatening the efficient delivery of irrigation to fields which is essential to farm production. 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. Weld County covers a land area of over 4,000 square miles in size (twice the State of Delaware) with more than 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. Snow removal for roads within subdivisions are of the lowest priority for public works or may be the private responsibility of the homeowners. 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. Children 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 present real threats to children. Controlling children's activities is important, not only for their safety, but also for the protection of the farmer's livelihood. Parents are responsible for their children. 4. This Recorded Exemption was approved to bring an illegal parcel into compliance with the State of Colorado and Weld County's minimum lot size requirements. 5. 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 the Administrative Review was signed. The applicant shall be responsible for paying the recording fee. • • I 6. In accordance with Weld County Code Ordinance 2005-7 approved June 1, 2005, should the plat not be recorded within the required sixty (60) days from the date the Administrative Review was signed a $50.00 recording continuance charge may be added for each additional 3 month period. 7. The Department of Planning Services respectfully requests the surveyor provide a digital copy of this Recorded Exemption. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles, Arclnfo Coverages and Arclnfo Export files format type is .e00. The preferred format for Images is .tif (Group 4). (Group 6 is not acceptable). This digital file may be sent to maps(a�co.weld.co.us. 8. The Weld County Department of Planning Staffs approval of this Recorded Exemption Application is based on satisfying the Conditions of Approval. 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 Weld County Board of County Commissioners with a staff recommendation for denial. By Date January 10, 2008 Jacqueline Hatch • Planner y 4i,,1-1 ( to �n)11c it-cnL-A- rJ qp� ) �Jhh✓�J 1 �1V Q'v✓YIILt �� 1 1 PSI Lt.° q OD . . �v�,p,v n�s=:� µ)r.,.,.1.-t) -1V-- O l)r.d o.rt./erc.� ) EiFf 7vF Y • DEPARTMENT OF PLANNING SERVICES Q SOUTHWEST OFFICE 4209 CR 24.5 LONGMONT, CO 80504 PHONE: (720) 652-4210, Ex t. 8730 FAX: (720) 652-4211 C. COLORADO November 14, 2007 Tamijo LLC do Bing Sellers 3879 E 120th#345 Tornton CO 80233 Subject: RE-4747-A Recorded Exemption located on a parcel of land described as SE2 NE4 of Section 17, T1 N, R67W of the 6th P.M., Weld County, Colorado. Dear Applicants: Your recorded exemption application is being processed. If it is determined that the application meets the approval criteria of Chapter 24 of the Weld County Code, you will be notified that the recorded exemption is approved. If the staff determines that the application does not meet the approval criteria or if staff has concerns with the application, staff may elect to forward the application for review to the Board of County Commissioners. You will be notified and asked to appear before the Board of County Commissioners at a public hearing. You will be informed of the hearing date prior to the hearing. The Board of County Commissioners will then consider your application and make a final decision on the recorded exemption. It is the policy of Weld County to refer an application of this nature to any town or municipality lying within three miles of the property in question or if the property under consideration is located within the comprehensive planning area of a town or municipality. Therefore,our office has forwarded a copy of the submitted materials to the Dacono, Frederick and Northglenn Planning Commission for their review and comments. It is recommended that you and/or a representative be in attendance at the Dacono, Frederick and Northglenn Planning Commission meeting to answer any questions the Commission members may have with respect to your application. Please call Dacono at 303-833-2327,Frederick at 303-833-2388 and Northglenn at 303-450- 8743, for further details regarding the date, time, and place of this meeting. If you have any questions concerning this matter, please call me. Sincerely, Jac like Hat h Plannel WELD COUNTY, COLORADO DEPARTMENT OF PLANNING SERVICES 918 10Th STREET GREELEY, CO 80631 1 PHONE:970-353-6100, EXT. 3540/FAX: 970-304-6498 Date: /Joy' • I t 20 51 Receipt No. 1 C, 7 67 Received From: 7-,\k \-w , Li--C._ , Permit Type No. Description Fee 4221 E t VE O{di.)t,rr,t7Qr) A,t:n_i).C)O 4221-ZPMH 4221-USR 4221-SITE PLAN REVIEW 4221-CHANGE OF ZONE 4221-PUD 4221-MINOR/MAJOR SUB € #OF BUILDABLE LOTS 3: 4221-ADDITIONAL 30% ,, FEE FOR SUB's 4221-RE-SUBDIVISIONS 4221-BOA 4221-FHDP/GHDP 4430-MAPS/POSTAGE E4430-COPIES 4730-INVESTIGATION FEE 6560—RECORDING FEE k MISC. Ir.„ ,L:c_CJ_COI r,, DCASH TSCHE7 NO it 2'J7 to TOTAi FFF Receipted B . _. L.,-// ' DL# No ]L* Exp. k ` • WilDe APPLICATION FLOW SHEET COLORADO �" ‘vvl 44 2 V j9J-k+ APPLICANT: Tamijo LLC do Bing Sellers C cc\ ,wr CASE#: RE-4747 REQUEST: Recorded Exemption LEGAL: SE2 NE4 of Section 17, Ti N, R67W of the 6th P.M., Weld County, CO LOCATION: West of and adjacent to CR 17 and approximately % mile south of CR 10 PARCEL ID#: 1469 17 100049 ACRES: 40+/- Date By Application Received 11/13/07 cg Application Completed 11/14/07 jh Referrals listed Vicinity map prepared 11/14/07 JH File assembled I I, , \ t4 , Ol duA� Case logged in computer Letter to applicant mailed Referrals mailed Field check by DPS staff Administrative Review decision: >y rimi;' l + `n (jam a,, 'd Board of County Commissioners hearing (if appiigable) �"e\Mt0 1 ia�e G By ) County Commissioners Hearing Date Surrounding property owners notified }'VZ{ Presentation prepared CC action: CC resolution received Date By Plat recorded and filed Overlay Districts y Zoning Agricultural /�/ V— '"f l l �Jow1�, "vd( rk., ` I C°L MUD Yes No_X Uc._ TJ e n.; cl2_nn IGA Yes_X_No iga dacono Airport Yes No_X Geologic Yes No_x_ Flood Hazard Yes No_X Panel#080266 C tn Weld County Planning Department D "co �- - le/ 1 GREELEY OFFICE ,f t/7 Zo60,1 N0V n'&/3/1/4° ;i RECL_WED ti /9461,fia4vyti,^7 ,AtcytA - ai / oF-e � � N. t7 7 7 yzyte„.4.‘„,,n,„„ Y Al; ly - / 7, ro-r. Si / /i/a . ' 7 a� i-6 6 -12'. I'/m< / 4 w- , titevt E 06-cx-vJ-4(kried-til:ee fo6, 7„ccArtefir2_ ,,5 -/---cfryy+-;,/ c Ro-sly dr.e.:1fre 47&, �`�c � � /CE it7 ,47 • TRUSTEE'S DEED THIS TRUSTEE'S DEED is made this tltday of December, 2009 between Harvey Sender,as Chapter 7 trustee of the bankruptcy estate of Bing Sellers?Debtor'), dba Kingdom Building Consultants,Inc., dba Tamijo,LLC, dba Vision Ridge Tree and Nursery, Inc., Chapter 7 Case No. 0B-24968 MER pending in the United States Bankruptcy Court for the District of Colorado ("Grantor'), whose address is 1660 Lincoln Street,Suite 2200,Denver,Colorado 80264-2202,and Rocky Ridge,LLC, a Colorado limited liability company ("Grantee"), whose address is 8206 WCR 8, Brighton,Colorado 80603. WHEREAS, Grantor is the duly qualified and acting Chapter 7 Bankruptcy Trustee of the bankruptcy estate of Debtor,and NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and pursuant to that certain Order Approving Agreement for Sale of Debtor's Interests in Tamijo, LLC and Real Property entered on November 24,2009 by the United States Bankruptcy Court for the District of Colorado in the Bing Sellers bankruptcy case, Chapter 7 Case No.08-24968 MElt, Grantor has remised,released,sold and forever quitclaimed, and by these presents does hereby remise,release,sell and quitclaim unto Grantee,its heirs,successors and assigns forever, all the right, title, interest, claim and demand which Trustee and bankruptcy estate have in and to the following described real property; the South East 1/4 of the North East 1/4 of Section 17, Township 1 North,Range 67 West of the 6th P.M., County of Weld, State of Colorado, AS IS,WHERE IS,without representations or warranties of any kind,subject to all liens, claims,encumbrances and interests pursuant to 11 U.S.C. § 363(b),except free and clear of the lien in favor of Kathryn Elliott recorded September 22, 2008 in the real estate records of Weld County, Colorado at Reception No. 3579511,further described in the Motion. Signed this 1 C, ay of December,2009. ey Sender,Chapter 7 Trustee of the Bankruptcy estate of Bing Sellers,Chapter 7 Case No.08-24968 MER in the United States Bankruptcy Court for the District of Colorado STATE OF COLORADO era CITY AND COUNTY OF DENVER) The foregoing instrument was acknowledged before me this !$ day of December.2009,by Harvey Sender, Chapter 7 Trustee of the bankruptcy estate of Bing Sellers,Chapter 7 Case No.08-24968 MER in the United Slates Bankruptcy Court for the District of Colorado. WITNESS my hand and official seal. J. My Commission expires: 11)27/2—012— , �( ,yA. Put lit _ ti 0.. yt Ctimaam egbes 8,.11,mr2 EXHIBIT 8 537 Q CLAIM DEED THIS DEED dated this CIA_day,of 010,between Bing Sellers,individually,and dba KB and dba Kingdom Building Contractors,Inc.,an unincorporated business,and dba Tryzona whose address is 3879 E.120m#345,Thornton, Colorado 80233, grantor and Rocky Ridge,LLC,a Colorado limited liability company,whose legal address is 8206 WCR 8, Brighton,Colorado 80603,grantee: WITNESS, that the grantor,for good and valuable consideration,identified in the parties Settlement Agreement,paid by grantee,the receipt and sufficiency of which is hereby acknowledged,have remised, released,sold,and QUITCLAIMED,and by these presents does remise,release,sell,and QUITCLAIM unto the grantee,its heirs,successors and assigns,forever,all the right,title,interest,claim and demand which the grantor has in and to the real property,together with improvements,if any,situate,lying and being in the County of Weld and State of Colorado,described as follows: THE NORTHEAST Y.OF SECTION 17,TOWNSHIP 1 NORTH,RANGE 67 WEST OF Lift, ell P.M.,COUNTY OF WELD,STATE OF COLORADO TOGETHER WITH all and singular the hereditaments and appurtenances thereunto belonging,or in anywise appertaining,and the reversion and reversions,remainder and remainders,rents,issues,and profits thereof,and all the estate,right,title,interest,claim and demand whatsoever of the grantor,either in law or equity,of,in and to the above bargained premises,with the hereditaments and appurtenances, including specifically all trees whether defined as nursery trees or otherwise. TO HAVE AND TO HOLD the said premises above bargained and described,with the appurtenances, unto the grantee,its heirs and assigns forever. The singular shall include the plural,the plural the singular,and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF,the grantor has executed this deed on the date set forth above. GRANTOR: Bing Sellers,individually,and dba KBCI and dba Kingdom Building Contractors,Inc., an unincorporated business and dba Tryzona By: I* I Bing Sellers STATE OF COLORADO , Jppf n1 155. COUNTY OF 1,J C N , ; .. The forgoing Instrument was acknowledged before Inc this Call day,oR 2010,by Bing Sellers. Witness my d official Seal DAPHNYE L RUPP-ZIMM NOTARY PUBLJO S IAI C OF COLORADO ORADOO Hw' My r#-n, r,Ies,on Expires Meru,10,2014 N Pu is n f I Di� My Commission Expires: l '1F+ Kati L . Flanders.EDunn.LLC.Nash Herber&Dunn. I IIIIII IIIII 111111 IIIII 11111 I'I"I IIIII III"I'I II'I II'I 401 Main Strar,Suite I 3720537 09123!2010 01:36P Weld County,CO Longmont.CO 80501 1 of 1 R 11.00 D 0.00 Steve Moreno Clerk&Recorder • BILL OF SALE The undersigned, Harvey Sender, as Chapter 7 Trustee ("Trustee') of the bankruptcy estate of Bing Sellers ("Debtor"), dba Kingdom Building Consultants, Inc., dba Tamijo, LLC, dba Vision Ridge Tree and Nursery, Inc., Chapter 7 Case No. 08- 24968 MER pending in the United States Bankruptcy Court for the District of Colorado ("Grantor"),pursuant to that Order Approving Agreement for Sale of Debtor's Interests in Tamijo,LLC and Real Property, entered by the Bankruptcy Court for the District of Colorado on November 24, 2009, and for good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged,hereby grants,bargains,sells,conveys and assigns unto Rocky Ridge,LLC,a Colorado limited liability company("Buyer"),all right, title, interest, claim and demand of Trustee and the bankruptcy estate in and to Tamijo, LLC, a Colorado limited liability company, AS IS, WHERE IS, without representations or warranties of any kind, and free and clear of all liens, claims, encumbrances and interests, pursuant to Bankruptcy Code §§363(b) and (f), and pursuant to the terms of that certain Agreement for Sale of Debtor's Interests in Tamijo, LLC and Real Property between Trustee and Buyer. TO HAVE AND TO HOLD, all and singular, for its own use forever, the transferred assets hereby sold, assigned,transferred, conveyed and delivered, or intended so to be, unto Buyer,its successors and assigns forever. ( Executed this day of December,2009. ey Sender,Chapter 7 Trustee of the Bankruptcy estate of Bing Sellers,Chapter 7 Case No.08-24968 MER in the United States Bankruptcy Court for the District of Colorado STATE OF COLORADO ) u. CITY AND COUNTY OF DENVER) The foregoing instrument was acknowledged before me this bnay of December,2009,by Harvey Sender,Chapter 7 Trustee of the bankruptcy estate of Bing Sellers,Chapter 7 Case No.08-24968 MER in the United States Bankruptcy Court for the District of Colorado. WITNESS my hand and official seal. My Commission expires: 4 2,012 , ' ''Y 4k"t. No Pubic : PUBLIC/ ' -' .oPcoL MiCarelaan tratal11E E W^— '—L—Z I J Vl•.. 'gin W 'if W^ a..� H ❑Q! •+I-•' t`') F— '-+A F-S W f-V)J I— W Q. ••O!J •-I� A A F-• A Z lf? 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LN L} Np n 1\ vi S CO r tJ tJ p N a' 1I z Q Q� Ln W. `rl �' J W J in z\ a- � Q - z QCU s I Li j N) � 40 Up v4\ t�R � . Ce Q .-. Q W CO N 0 Cl- (%) M X a~ t7� N Z (Ja W OO (Y w� X I RECORDED EXEMPTION (RE) APPLICATION FOR PLANNING DEPARTMENT USE DATE RECEIVED: RECEIPT/AMOUNT# /5 CASE #ASSIGNED: APPLICATION RECEIVED BY PLANNER ASSIGNED: Parcel Number _LB__.(2_±R - _L 9 - - o 0 O T q (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 55 P9 DF NE n OF , Section /9, Township North, Range L/7West Has the property been divided from or had divided from it any other property since August 30, 1972? Yesj No Is this parcel of land, under consideration, the total contiguous land owned by the applicant? YesX No_ FEE OWNER(S) OF THE PROPERTY: Name: T'f1 /41/J/' , L L C Work Phone #303'64'-19,5"3 Home Phone# 303-41C'/453 Email Address 8/vf/6 47 W C/ 'CC Address: ;3 4 99 E /7D t*1 3 q5 City/State/Zip Code T T©✓' i Ca 4(92- .1'5 APPLICANT OR AUTHORIZED AGENT (See Below:Authorization must accompany all applications signed by Authorized Agent) Name: n/1/G 6SLLEfeS �r4 Work Phone#3 J- K /44'$Home Phone # 101.6(5-/4Email Address 6lfe/G e N230/ • e c Address: City/State/Zip Code / i✓' Lot A Lot B Lot C Lot D Smaller Parcel WCL(- Pt4'af W6L1 p 4,m- Water Source 2. 016 ' : 5 4 4 / 5EP1fe Y5t cE tic 6Y5t Type of Sewer , PRO P)6sO - 04-00,0 92. Proposed Use 46 4-6- Acreage I • / V-4 - / 0 Existing Dwellings? If Yes, list address If Yes, list address If Yes, list address If Yes, list address below: below: below: below: NO 34/ 3 Wei? I'7 6,O6to owl 48688 • If the property is vacant or unimproved write proposed water source and proposed sewer system for each parcel in the blanks above. For example, if a well and septic is proposed state. proposed well, proposed septic. I (We) request that the following described property be designated a Recorded Exemption by the Weld County Board of County Commissioners. I (We) hereby depose and state under penalties of perjury that all statements, proposals, and/or plans submitted with or contained within the application are true and correct to the best of my (our)knowledge. Signatures of all fee owners of property must sign this application. If an Authorized Agent signs, a letter of authorization from all 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 -07 Signature: Owner or Authorized Agent Date Signature: Owner or Authorized Agent Date -4- • TAMIJO, LLC 3879 E 120th#345 Thornton,CO 80233 (303)655-1853 (303)659-8458 fax 11-1-07 WELD COUNTY PLANNING DEPT, Bing Sellers is the primary member of TAMIJO, LLC and is duly authorized to sign any and all legal documents and perform business on behalf of the LLC. Thank you for your help. Ready In Christ Bing Sellers, Member •TAMIJO, LLC Is / 3879E 120'"#345 Thornton,CO 80233 (303)655-1853 (303)659-8458 fax 11-1-07 RESPONSE TO RE QUESTIONNAIRE, For SE1/4 OF NE1/4 SEC 17, 1N 1. a. Water will be provided by a well, permit#250881, see attached. b. Parcel has no ditch water rights. 2. An engineered Septic system will be designed, constructed and permitted according to the Weld County ISDS requirements. Permit# SP-0400092, see attached. 3. The property is currently being used for a home and farm. It may be used in the future for another home on the newly created lot. There also may be any type of farming or ranching permitted by the zoning. 4. The 40 acre site will be split into 2 lots. There will be a northern lot"A" which will be 12 .11 acres and a southern lot"B" which will be 28.10 acres and currently has a home on it. 5. The property is basically square and gently slopes to the northeast. 6. No building envelopes are requested at this time. 7. There is a current SE #1052 and USR#1449 which will remain on Lot"B" Thank you for your help. t41/4S ‘Iv cX,4 C SL Ready In Christ A StiIc,t� 1k s & ri-A"c \1 eta"-, Bing Sellers, Member may) , �V"AMT. C. V . t 7IJO, LLC S 3879 E 120' #345 Thornton,CO 80233 (303)655-1853 (303)659-8458 fax WELD COUNTY DERARTMENT OF PLANNING SERVICES, 1-20-08 Response in writing to the comments for the recorded exemption# RE-4747 Thank you for the approval. Response to requirements: 1 Understood 2 Understood 3. A. See attached articles of organization. B. The previous S.E. has been foreclosed upon and is now a separate legal lot. See the recorded deed attached. C. Understood. See plat. D. Understood. See attached agreement and plat. E. Understood. F. Understood G. Understood. See plat. H. Understood. See plat. I. Understood. We will comply with those comments. J. Understood. We will comply with those comments. K. Understood. We will comply with those comments. L. Understood. We will comply with those comments. M. Understood. We will comply with those comments. N. Understood. We will comply with those comments and pay the $939.00. O. Understood. See the attached partial release. P. Understood. See attached tax statement. Q. 1 through 17. See attached plat. 4 Understood. 5 Understood. See 2 paper plats 6 Understood. 7 Understood. 8 Understood. Thank you for your help. Ready In Christ Bing Sellers, Member 3, /9, ARTICLES OF ORGANIZATION OF rti,;)parr7-0k7 N. TAMIJO, LLC The undersigned, a natural person of at least 18 years of age, acting as organizer of a limited liability company under the Colorado Limited Liability Company Act, adopts the following Articles of Organization for such limited liability company: FIRST: The name of the limited liability company is TAMIJO, LLC. SECOND: The limited liability company is organized for any legal and lawful purpose pursuant to the Colorado Limited Liability Company Act. THIRD: The registered agent of this limited liability company in this state is RAEBEN SELLERS. The business and mailing address of the registered agent is 3879 East 120th Avenue, Unit 330,Thomton, Colorado 80233. em FOURTH: The management of the limited liability company is vested in members. FIFTH: The names and addresses of the members are: RAEBEN SELLERS 3879 East 120th Avenue, Unit 330 19981102401 Thornton, CO 8023;,, - $ 51,00 " SECRETARY OF ;STATE BING SELLERS 06-b3-098 13:36: 15 3879 East 120Th Avenue;,Unit,330 Thornton, CO 80233 SIXTH: The name and address of the Organizer is: - RAEBEN,SELLERS, 3879 E. 120th Ave.,•Unit 330, Thornton, CO 80233 RAEBEN SELLERS, Organizer Cr)UPUTEA UPDATE COMPEER • eRecorded in Weld County,CO Do 7460 R r#/ ✓ '" n` 01/07/2008 10:47 A Rec 7338325 Page: 1 of 2 Total Fee:$11.00 /� •� Steve Moreno, Clerk and Recorder PUBLIC TRUSTEE'S DEED Foreclosure Number:07-1544 THIS DEED is made 01/07/2008 between Susie Velasquez as the Public Trustee of Weld County, State of Colorado,and Countrywide Home Loans,Inc.,Grantee,the holder of the Certificate Of Purchase,whose legal address is 400 COUNTRYWIDE WAY,SIMI VALLEY,CA 93065. WHEREAS Bing Sellers did by Deed of Trust dated April 24,2006 and recorded in the office of the Clerk and Recorder of the County of Weld,State of Colorado on May 05,2006 under Reception number 3384202,convey to the Public Trustee,in Trust,the property hereinafter described to secure the payment of indebtedness provided in said Deed of Trust;and WHEREAS,a violation was made in certain of the terms and covenants in said Deed of Trust as shown by the Notice of Election and Demand for Sale filed with the Public Trustee(a duplicate of which was recorded in the office of said County Clerk and Recorder); the said property was advertised for public sale at the place and in the manner provided by law and by said Deed of Trust; Notice of Right to Cure and Redeem and Notice of Sale were given as required by law,said property was sold according to said Notice of Sale;and a Certificate Of Purchase thereof was made and recorded in the office of said County Clerk and Recorder;and WHEREAS,all periods of redemption have expired. NOW,THEREFORE,the Public Trustee,pursuant to the power and authority vested by law and by the said Deed of Trust,confirms the foreclosure sale and sells and conveys to Grantee the following described property located in Weld County,State of Colorado: SEE LEGAL DESCRIPTION also known by street and number as: 3653 Country Road 17, Brighton,CO 80603 TO HAVE AND TO HOLD the same,with all appurtenances,forever. EXECUTED the day and year first above written. Public Trustee of Weld County State of Colorado ............ W - Susie Velasquez By:Gloria Fabia,Deputy for Public Trustee Public Trustee eRecorded in Weld County,CO Doc Id:3527460 g&--019)4b-- 01/07/2008 e:2of10:47 A Total Fee $11.005 Page:2 of 2 Total Fee:$11.00 Steve Moreno, Clerk and Recorder TO • y� • LEGAL DESCRIPTION • • Subdivision Exemption No,1052,recorded December 6,2005 at Reception No, • 3345127,being more particularly described as follows: A parcel of land located in the Southeast V.oftheNort east V.of Section 17,Township I North,Range 67 West of the Sixth Principal Meridiem County of Weld,State of • Colorado,being more particularly described as: Beginning et the Northwest corner of said Southeast%of the Northeast A of Section 17;Thence South 00°10'22"West an an assumed bearing along the Westerly line of said Southeast V.of the Northeast/of Section 17 a distance of370.01 feet Thence South 89°26'23"East parallel with the Northerly line of said Southeast V.of the Northeast of Section 17 a distance of 30.00 feet to the True Point of Beginning; Thence continuing South 89°26'23"Past parallel with said Northerly line of the Southeast 14 oftheNortheast/of Section 17 a distance of 363.15 feet; Thence South 00°10'22"Wert parallel with said Westerly line of the Southeast V.of the Northeast V.of Section 17 a distance of 300.00 feet; Thence North 89°26'23"West parallel with sold Northerly line of the Southeast 1/4 of the Northeast A of Section 17 a distance of 363.15 feet; Thence North 00°10.22"Past parallel with said Westerly line of the Southeast V.of The Northeast''Aof Section 17 a distance of300.00 feet to the True Point of Beginning, County of Weld,Stale of Colorado • Imo... .. . 11 • • • Form NO. OFFICE OF THrTATE ENGINEER GWS-25 COL818 ORAl DO g., DIV3 ISIONerman St., OFrWATE,Colorado RoRESOURCES iv 5, P 3 (303)866-3581 LIC WELL PERMIT NUMBER 250881 - DIV. 1 WD2 DES. BASIN MD APPLICANT APPROVED WELL LOCATION ADAMS COUNTY SE 1/4 NE 1/4 Section 17 HIS KINGDOM BUILDERS INC Township 1 N Range 67 W Sixth P.M. 3879 E 120TH AVE#330 DISTANCES FROM SECTION LINES THORNTON, CO 80233- 2119 Ft.from North Section Line 942 Ft.from East Section Line UTM COORDINATES (303)254-9486 PERMIT TO CONSTRUCT A WELL Northing: Easting: ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDITIONS OF APPROVAL 1) This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of this permit does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. 2) The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2,unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in accordance with Rule 18. 3) Approved pursuant to CRS 37-92-602(3)(b)(II)(A)as the only well on a tract of land of 40.00 acre(s)described as that portion of the SE 1/4 of the NE 1/4,Sec. 17,Twp. 1 N, Rng.67 W,Sixth P.M.,Adams County,more particularly described on the attached exhibit A. 4) The use of ground water from this well is limited to fire protection,ordinary household purposes inside not more than three(3)single family dwellings,the watering of poultry,domestic animals and livestock on a farm or ranch and the irrigation of not more than one(1)acre of home gardens and lawns. 5) The total depth of the well shall not exceed B00 feet,which corresponds to the base of the Laramie Fox Hills aquifer. At a minimum, plain casing shall be installed and grouted through all unconsolidated materials and shall extend a minimum of ten feet into the bedrock formation to prevent production from other zones. 6) The depth to the top of the Laramie-Fox Hills aquifer is approximate. To ensure the exclusion of poor quality water from zones immediately above the aquifer,plain casing and grout shall extend through the lowermost coal and/or carbonaceous shale that overlies the Laramie sand portion of the aquifer. 7) The maximum pumping rate of this well shall not exceed 15 GPM. 8) The return flow from the use of this well must be through an individual waste water disposal system of the non-evaporative type where the water is returned to the same stream system in which the well is located. 9) This well shall be constructed not more than 200 feet from the location specified on this permit. NOTE:To ensure a maximum productive life of this well, perforated casing should be set through the entire producing interval of the approved zone or aquifer indicated above. NOTICE:This permit has been approved with a change to the permit application form from that applied for by the applicant. You are hereby notified that you have the right to appeal the issuance of this permit, by filing a written request with this office within sixty(60)days of the date of issuance, pursuant to the State Administrative Procedures Act.(See Section 24-4-104 through 106,C.R.S.) y 6 If a 103 APPROVED A Le% JLV Z State Engineer By Receipt No.0509187 DATE ISSUED 06-06-2003 EXPIRATION DATE 06-06-2005 fl."4 �IIIJO, LLC • ►'I ch D��F 3879E 120`"#345 Thornton,CO 80233 (303)655-1853 TO(303)659-8458 fax 0 REQUEST FOR PARTIAL VACATION OF USR-1449 1-20-08 1 Tamijo, LLC is the owner of a 37.5 acre parcel of land, SE '/, NE1/4, SEC 17, T1N, R67, WELD COUNTY, CO. Tamijo is dividing the property into 2 legal buildable lots through the Recorded Exemption process, RE-4747. The property will be divided into a northern lot "A", consisting of 12 acres, and southern lot "B" consisting of the remaining acreage. 2 There is currently a USR-1449 on the entire 37.5 acres. 3 I respectfully request that the county vacate the USR on lot "A", the northern 12 acre lot. 4 I also request that USR-1449 be left in place on lot "B", the southern 25.5 acres. 5 If we pace a note on the plat that we are recording for RE-4747 as follows, will that be sufficient to comply with the county code requirements detailed in 23-2-200.G "With this plat the USR-1449 is vacated from lot "A" and left in place on lot "B" " I feel that this note makes it very clear and recorded. It also saves you and me a lot of time plowing through extra plats and maps and paperwork. Good thinkin?? Readst Bing Sellers, Member Tamijo, LLC •• iteport Date: 1110812007 03:21 PM WELD COUNTY TREASURER Page: 1 STATEMENT OF TAXES DUE (/ SCHEDULE NO: R4228006 ASSESSED TO: TAMIJO LLC 3879 E 120 AVE THORNTON, CO 80233 LEGAL DESCRIPTION: , PT SE4NE4 17-1-67 EXC SE-1052 PARCEL: 146917100049 SITUS ADD: TAX YEAR 2006 TAX TOTAL GH 11/08/2007 CHARGE TAX AMOUNT INTEREST FEES PAID TOTAL DUE 41.76 0.00 0.00 41.76 0.00 TAXES DISTRICT 3149 - 0.00 GRAND TOTAL DUE GOOD THROU 0.00 ORIGINAL TAX BILLING FOR 2006 TAX Authority Mill Levy Amount Values Actual Assessed WELD COUNTY 16.804* 17.01 12.10 AGRICULTURAL 2,449 720 SCHOOL DIST RE 23.635 MTN VIEW FIRE(BOND 2008) 0.160 0.12 TOTAL 2,449 720 AIMS JUNIOR COL 6.330 4.55 WELD LIBRARY 3.261 2.35 LONGMONT CONSERVATION 0.000 0.00 MOUNTAIN VIEW FIRE 7.817 5.63 TAXES FOR 2006 58.007* 41.76 * Credit Levy ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE LIENHOLDER OR TO ADVERTISING AND DISTRAINT WARRANT FEES. CHANGES MAY OCCUR AND THE TREASURER'S OFFICE W ILL NEED TO BE CONTACTED PRIOR TO REMITTANCE AFTER THE FOLLOWING DATES: PERSONAL PROPERTY AND MOBILE HOMES-AUGUST 1, REAL PROPERTY-AUGUST 1. TAX LIEN SALE REDEMPTION AMOUNTS MUST BE PAID BY CASH OR CASHIERS CHECK. P.O. Box 458 Greeley, CO 80632 (970) 353-3845 ext. 3290 ,_k%;Crrei n . , t 3 ��W S � } � S > 1 r 2 9 ..:Ac:.-"t'' * .�,the at �t My `� 1 x_,., il �,cm c a t�,.- &e 4CnGe that,as Of`t ts'date> ' '1.. a� _ 9r tax hens currently due and payable 5 ,,� w,s tnlaxe been paid in foil. • 4 sue " t d%art I :1 .x _ E Report Date: 01/31/2008 02:15PM WELD COUNTY TREASURER Page: 1 STATEMENT OF TAXES DUE SCHEDULE NO: R4228006 ASSESSED TO: TAMIJO LLC 3879 E 120 AVE THORNTON, CO 80233 LEGAL DESCRIPTION: PT SE4NE4 17-1-67 EXC SE-1052 PARCEL: 146917100049 SITUS ADD: TAX YEAR CHARGE TAX AMOUNT INTEREST FEES PAID TOTAL DUE 2007 TAX 38.88 0.00 0.00 38.88 0.00 TOTAL TAXES 0.00 GRAND TOTAL DUE GOOD THROUGH 01/31/2008 0.00 ORIGINAL TAX BILLING FOR 2007 TAX DISTRICT 3149 - Authority Mill Levy Amount Values Actual Assessed WELD COUNTY 16.804* 11.25 AGRICULTURAL 2,268 670 SCHOOL DIST RE8 23.784 15.94 MTN VIEW FIRE(BOND 2008) 0.060 0.04 TOTAL 2,268 670 AIMS JUNIOR COL 6.308 4.23 WELD LIBRARY 3.253 2.18 LONGMONT CONSERVATION 0.000 0.00 MOUNTAIN VIEW FIRE 7.817 5.24 TAXES FOR 2007 58.026* 38.88 *Credit Levy ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE LIENHOLDER OR TO ADVERTISING AND DISTRAINT WARRANT FEES. CHANGES MAY OCCUR AND THE TREASURER'S OFFICE WILL NEED TO BE CONTACTED PRIOR TO REMITTANCE AFTER THE FOLLOWING DATES: PERSONAL PROPERTY AND MOBILE HOMES-AUGUST 1, REAL PROPERTY-AUGUST 1. TAX LIEN SALE REDEMPTION AMOUNTS MUST BE PAID BY CASH OR CASHIERS CHECK. P.O. Box 458 Greeley, CO 80632 (970)353-3845 ext. 3290 WELD.COUNTY TREASURER Pursuant to the Weld County Subdivision Ordinance, the attached Statement(s) of Taxes Due, issued by the Weld County Treasurer, are Evidence that, as of this date, all property taxes,special assessments and Prior tax liens currently due and payable connected with the parcel(s) identified therein have been paid in full. Signed AL Date - 3/ • • Report Date: 11/08/2007 03:21 PM WELD COUNTY TREASURER Page: 1 STATEMENT OF TAXES DUE SCHEDULE NO: R4228006 ASSESSED TO: TAMIJO LLC 3879 E 120 AVE THORNTON, CO 80233 LEGAL DESCRIPTION: PT SE4NE4 17-1-67 EXC SE-1052 PARCEL: 146917100049 SITUS ADD: TAX YEAR CHARGE TAX AMOUNT INTEREST FEES PAID TOTAL DUE 2006 TAX 41.76 0.00 0.00 41.76 0.00 TOTAL TAXES 0.00 - - GRAND TOTAL DUE GOOD THROUGH 11/08/2007 0.00 ORIGINAL TAX BILLING FOR 2006 TAX DISTRICT 3149 - Authority Mill Levy Amount Values Actual Assessed WELD COUNTY 16.804* 12.10 AGRICULTURAL 2,449 720 SCHOOL DIST RES 23.635 17.01 MTN VIEW FIRE(BOND 2008) 0.160 0.12 TOTAL 2,449 720 AIMS JUNIOR COL 6.330 4.55 WELD LIBRARY 3.261 2.35 LONGMONT CONSERVATION 0.000 0.00 MOUNTAIN VIEW FIRE 7.817 5.63 TAXES FOR 2006 58.007* 41.76 * Credit Levy ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE LIENHOLDER OR TO ADVERTISING AND DISTRAINT WARRANT FEES. CHANGES MAY OCCUR AND THE TREASURER'S OFFICE WILL NEED TO BE CONTACTED PRIOR TO REMITTANCE AFTER THE FOLLOWING DATES: PERSONAL PROPERTY AND MOBILE HOMES-AUGUST 1, REAL PROPERTY-AUGUST 1. TAX LIEN SALE REDEMPTION AMOUNTS MUST BE PAID BY CASH OR CASHIERS CHECK. P.O. Box 458 Greeley, CO 80632 (970) 353-3845 ext. 3290 WELD COUNTY TREASURER Pursuant to the Weld County Subdivision Ordinance, the attached Statement(s) of Taxes Due, issued by the Weld County Treasurer, are evidence that, as of this date, all property taxes, special assessments and prior tax liens currently due and payable connected with the arcel(s) identified therein have been paid in full. Signed Date i ( /13/07 S Report Date: 11/08/2007 03:19PM WELD COUNTY TREASURER Page: 1 STATEMENT OF TAXES DUE SCHEDULE NO: R4227906 ASSESSED TO: SELLERS BING 3879 E 120 AVE#330 THORNTON, CO 80233 LEGAL DESCRIPTION: PT SE4NE4 17-1-67 SUB EXEMPT SE-1052 SITUS: 3653 17 CR WELD 000000000 PARCEL: 146917100048 SITUS ADD: 3653 17 CR WELD TAX YEAR CHARGE TAX AMOUNT INTEREST FEES PAID TOTAL DUE 2006 TAX 7,551.36 0.00 0.00 7,551.36 0.00 TOTAL TAXES 0.00 GRAND TOTAL DUE GOOD THROUGH 11/08/2007 0.00 ORIGINAL TAX BILLING FOR 2006 TAX DISTRICT 3149 - Authority Mill Levy Amount Values Actual Assessed WELD COUNTY 16.804* 2,187.54 COMMERCIAL 221,090 64,120 SCHOOL DIST RE8 23.635 3,076.81 AGRICULTURAL 12,615 3,660 MTN VIEW FIRE(BOND 2008) 0.160 20.83 AGRICULTURAL 783,863 62,400 AIMS JUNIOR COL 6.330 824.04 WELD LIBRARY 3.261 424.52 TOTAL 1,017,568 130,180 LONGMONT CONSERVATION 0.000 0.00 MOUNTAIN VIEW FIRE 7.817 1,017.62 TAXES FOR 2006 58.007* 7,551.36 * Credit Levy ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE LIENHOLDER OR TO ADVERTISING AND DISTRAINT WARRANT FEES. CHANGES MAY OCCUR AND THE TREASURER'S OFFICE WILL NEED TO BE CONTACTED PRIOR TO REMITTANCE AFTER THE FOLLOWING DATES: PERSONAL PROPERTY AND MOBILE HOMES-AUGUST 1, REAL PROPERTY-AUGUST 1. TAX LIEN SALE REDEMPTION AMOUNTS MUST BE PAID BY CASH OR CASHIERS CHECK. P.O. Box 458 Greeley, CO 80632 (970) 353-3845 ext. 3290 REFERRAL LIST Name: Tam ijo LLC cilig Sellers . Case#: County Towns & Cities Fire Districts _Attorney _Ault _Ault F-1 0 Health Department _Berthoud _Berthoud F-2 _Extension Office _Brighton _Briggsdale F-24 _Emergency Mgt Office- Ed Herring 0 Dacono _Brighton F-3 _Sheriffs Office _Eaton _Eaton F-4 0 Public Works _Erie _Fort Lupton F-5 _Housing Authority _Evans _Frederick Airport Authority _Firestone _Galeton F-6 0 Building Inspection _Fort Lupton _Hudson F-7 0 Code Compliance Ann_0_Beth 0 Frederick _Johnstown F-8 Kim Ogle (Landscape Plans) _Garden City _LaSalle F-9 _Lin (Addressing Change of Zone) _Gilcrest 0 Mountain View F-10 _Ambulance Services _Greeley _Milliken F-11 _Grover _Nunn F-12 State _Hudson _Pawnee F-22 Div. of Water Resources _Johnstown _Platteville F-13 _Geological Survey _Keenesburg _Platte Valley F-14 Department of Health _Kersey _Poudre Valley F-15 _Department of Transportation _LaSalle Raymer F-2 _Historical Society _Lochbuie _Southeast Weld F-16 _Water Conservation Board _Longmont _Union Colony F-20 Oil & Gas Conservation Commission _Mead _Wiggins F-18 _ _Milliken _Windsor/Severance F-17 Division of Wildlife _New Raymer 0 South Hwy 66 (Loveland) 125 0 Northglenn _North Hwy 66 (Greeley) _Nunn _Division of Minerals/Geology _Pierce _Platteville Commissioner Soil Conservation Districts _Severance Big Thompson/ FTC _Thornton _Boulder Valley/Longmont _Windsor _Brighton/SE Weld Centennial Counties _Greeley/West Greeley _Adams _Platte Valley _Boulder 0_West Adams 0 Broomfield _Little Thompson _Larimer Federal Government Agencies Other US Army Corps of Engrs 0 School District RE-8 USDA-APHIS Vet Service _Central Colo. Water Cons _ _Federal Aviation Admin (Structures _RR over 200 ft or w/in 20000 ft of Pub _Ditch Company Airport _Art Elmquist (MUD Area) _Federal Communications Comm REFERRAL LIST ii 7 Name: �(4MIJz L( ( c/ 719) Tac .f Case#: ('c'' C/7 County Towns &Cities Fire Districts Attorney _Ault _Ault F-1 lealth Department _Berthoud _Berthoud F-2 —Extension Office Brighton Briggsdale F-24 —Emergency Mgt Office- Ed Herring CiS.Dacon0 —Brighton F-3 Sheriffs Office _Eaton Eaton F-4 Public Works _Erie _Fort Lupton F-5 Housing Authority _Evans —Galeton F-6 Airport Authority _Firestone _Hudson F-7 Building Inspection _Fort Lupton _Johnstown F-8 `Code Compliance .-Beth N-Ann D< Frederick _LaSalle F-9 —Kim Ogle (Landscape ' - s Garden City IKMountain View F-10 _Lin (Addressing Change of Zone) _Gilcrest _Milliken F-11 Ambulance Services Greeley _Nunn F-12 _Grover _Pawnee F-22 State _Hudson Platteville F-13 Div._ of Water Resources —Johnstown _Platte Valley F-14 _Geological Survey _Keenesburg _Poudre Valley F-15 —Department of Health _Kersey Raymer F-2 —Department of Transportation _LaSalle _Southeast Weld F-16 Historical Society _Lochbuie _Union Colony F-20 —Water Conservation Board Longmont _Wiggins F-18 —Oil & Gas Conservation Commission _ _Mead Windsor/Severance F-17 Milliken Division of Wildlife New Raymer Legal Sc y N Y 11 - I -cc 1 tc South Hwy 66 (Loveland) 1t) c.‘,-/C5 Northglenn Parcel ID# / y f'i / 2 r 0 Joy'I —North Hwy 66 (Greeley) Nunn Zone A�( Acres? `e() —Division of Minerals/Geology _Pierce USDA P,,,.,c r (6.•0 m/7 ,-ts 0 _Platteville Airport ^A., Soil Conservation Districts —Severance Geo Haz /4-‘o —Big Thompson/FTC Thornton FP? /L,' Panel# Boulder Valley/Longmont Windsor IGA? (J,E f ORD# p.4 (0,--/t) —Brighton/SE Weld MUD? U —Centennial Counties —Greeley/West Greeley _Adams Platte Valley �,/Boulder ,„.___I bcwest Adams +E3rOOmfield Little Thompson _Larimer • • Federal Government Agencies Other ti US Army Corps of Engrs School District RE-0 't, A di )7 __USDA-APHIS Vet Service —Central Colo.Water Conservancy Dist 1 f b _ Federal Aviation Admin (Structures _RR over 200 ft or w/in 20000 ft of Pub _Ditch Company, _ Airport —Art Elmquist(MUD Area) r _Federal Communications Comm _ 7 v Commissioner Pk O7"n- i/n�.ter-. A_ 0 fig_1 199 1 (vv✓.k-Aft r\.,,. .a,J, Y'aRc�2 S�it__ (a Cf`'"`-n (J -+ ? • Weld County Referral WIiD€. November 14, 2007 COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Tamijo LLC do Bing Sellers Case Number RE-4747 Please Reply By December 12, 2007 Planner Jacqueline Hatch Project Recorded Exemption Legal SE2 NE4 of Section 17, Ti N, R67W of the 6th P.M., Weld County, Colorado. Location West of and adjacent to CR 17 and approximately 1/2 mile south of CR 10. For a more precise location, see legal. Parcel Number 1469 17 100049 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. ❑t We have reviewed the request and find that it does/does not comply with our Comprehensive Plan uO1 We have reviewed the request and find no conflicts with our interests. ❑ See attached letter. G Comments: \ ' rtM{ % �2� - V ra v titn no vs o\ E nrc' \.Xxc, C _• lA(`tea Signature 1\— \Q'fon f _ KO &3 Date Agency Wr\^.�dv +Weld County Planning Dept. +4209 CR 24.5, Longmont, CO 80504 O(720)652-4210 ext.8730 ❖(720)652-4211 fax • Weld Co.inty Plan, i g Department sOjrn\rT 'IUILDING Weld Count Wdfd Dial R ..„ �VED C. November 14, 2007 COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Tamijo LLC c/o Bing Sellers Case Number RE-4747 Please Reply By December 12, 2007 Planner Jacqueline Hatch Project Recorded Exemption Legal SE2 NE4 of Section 17, Ti N, R67W of the 6th P.M., Weld County, Colorado. Location West of and adjacent to CR 17 and approximately 1/2 mile south of CR 10. For a more precise location, see legal. Parcel Number 1469 17 100049 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 • We have reviewed the request and find no conflicts with our interests. ❑ See attached letter. Comments: Signature 4,,r t i i /✓O/ 13) 5-u to .7 Agency i( �.21ei (, 4e rt� 4,6)44:k--1 Date 1 s•Weld County Planning Dept. •4209 CR 24.5, Longmont,CO 80504 4(720)652-4210 ext.8730 4(720)652-4211 fax RECD NOV 16 2007 'NW` nroartment reet „:„...„ l„„v „ ,, 2_bor Weld County I elerra Illi November 14, 2007 k COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Tamijo LLC do Bing Sellers Case Number RE-4747 Please Reply By December 12, 2007 Planner Jacqueline Hatch Project Recorded Exemption Legal SE2 NE4 of Section 17, 11 N, R67W of the 6th P.M., Weld County, Colorado. Location West of and adjacent to CR 17 and approximately 1/2 mile south of CR 10. For a more precise location, see legal. Parcel Number 1469 17 100049 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. U We have reviewed the request and find that it does/does not comply with our Comprehensive Plan We have reviewed the request and find no conflicts with our interests. U See attached letter. Comments: Signature � /1 le /Q Agency (iIYoF Ote1to t.Ert\ 4 iANN, tr Date +Weld County Planning Dept. +4209 CR 24.5, Longmont,CO 80504 +(720)652-4210 ext.8730 +(720)652-4211 fax WO( wG NUV 2 ;:0111 • Weld Countye��'� Illi November 14, 2007 k COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Tam ijo LLC do Bing Sellers Case Number RE-4747 Please Reply By December 12, 2007 Planner Jacqueline Hatch Project Recorded Exemption Legal SE2 NE4 of Section 17, Ti N, R67W of the 6th P.M., Weld County, Colorado. Location West of and adjacent to CR 17 and approximately 1/2 mile south of CR 10. For a more precise location, see legal. Parcel Number 1469 17 100049 • 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 1;24, We have reviewed the request and find no conflicts with our interests. ❑ See attached letter. Comments: Signature ( +�I2"1 01_ Agency eF. c.p� ,�� Date • :•Weld County Planning Dept. ❖4209 CR 24.5, Longmont,CO 80504 ❖(720)652-4210 ext.8730 +(720)652-4211 fax - (11)ti.***NI . llill ___ n Referral JdLeld Cou ty wilDe November 14, 2007 COLORADO The Weld County Department of Planning-SeiviCe has_received thi2'iroTlrjSwing item for review: Applicant Tamijo LLC c/o Bing Sellers Case Number RE-4747 Please Reply By December 12, 2007 Planner Jacqueline Hatch Project Recorded Exemption Legal SE2 NE4 of Section 17, Ti N, R67W of the 6th P.M., Weld County, Colorado. Location West of and adjacent to CR 17 and approximately 1/2 mile south of CR 10. For a more precise location, see legal. Parcel Number 1469 17 100049 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 IWe have reviewed the request and find no conflicts with our interests. See attached letter. Comments: Signature � L�� 102_ IP-57 Agency 4114e. Wk/-- Date °Weld County Planning Dept. +4209 CR 24.5, Longmont,CO 80504 ••x(720)652-4210 ext.8730 ❖(720)652-4211 fax . Weld County Planning Department GREELEY OFFICE DEC 1 ® 2007 MEMORANDUM RECEIVED TO: Jacqueline Hatch, Planning Services DATE: December 10, 2007 C FROM:. David Snyder, E.I., Public Works COLORADO SUBJECT: RE-4747, Tamijo LLC do Bing Sellers The Weld County Public Works Department has reviewed this proposal. Our comments and requirements are as follows: COMMENTS: Weld County Road Classification Plan (FHU): (June 2002) WCR's 10 & 17 are local gravel roads and require a 60-foot right-of-way at full build out. There is presently a 60-foot right-of-way. These roads are 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: The Weld County Public Works Department recommends approval of this application. Road Access Policy: (Policy Established Sec. 8-2-10) Direct access from a public road will be limited to one (1) per legal parcel, except as further limited or restricted by zoning or subdivision regulations. Additional accesses may be approved by the Department of Public Works or the Board of County Commissioners. This policy shall apply to all new and existing accesses within the unincorporated areas of the County. Properties within municipalities or other counties which access County roads are subject to this policy. If a drainage culvert is required, a 15-inch corrugated metal pipe is the County's minimum size requirement. If the applicant chooses to place a larger culvert, please contact the Public Works Department to adequately size your culvert. Road Access Culverts Sec. 8-3-10. Installation of culvert. The owner of the property shall pay for materials and the cost of installation for new road access culverts whenever the installation of a culvert is made necessary by the creation of a new access from private property to a County road, by any alteration of the natural flow of water across private property by the owner, or for any other reason created by any owner of private property. The culvert shall be installed according to the specification of the Department of Public Work as to size and location in the County rights-of-way or other County property in which such culverts may be installed. The culvert size will be determined in accordance with standards engineering practices. The property owner shall be responsible for cleaning the borrow ditch to the extent required to accommodate the road access culvert and insuring proper drainage. 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. This property is NOT in FEMA Flood Zones. pc: RE-4747 M:\PLANNING—DEVELOPMENT REVIEW\RE-Recorded Exemption\RE-4747.doc • 0 WELD COUNTY ROAD ACCESS INFORMATION SHEET Weld County Department of Public Works 111 H Street, P.O. Box 758, Greeley, Colorado 80632 Phone: (970 )356-4000, Ext. 3750 Fax: (970) 304-6497 �/ Road File#: Date: i/- / - o i RE # : e Other Case #. / 2 1. Applicant Name Y4/nA/, t JO t I I, C Phone 3'5 -4.�.7 - 1 (3 Address 3$ ? 9' E 1,/, '4 # 3i1Scity t tea/rD#state A9 zip n35 2. Address or Location of Access 144.5 W C n 1 '7 Section 19 Township I N Range fa 7 Subdivision Nq Block /17,/4 Lot ,//f— Weld County Road #: I' / Side of Road Distance from nearest intersection I�2-0 3. Is there an existing access to the property? Yes X No # of Accesses 2 4. Proposed Use: Permanent X Residential/Agricultural D Industrial J Temporary J Subdivision D Commercial J Other 5. Site Sketch Legend for Access Description: AG = Agricultural -1 We JZ 19 RES = Residential �J O&G = Oil 8 Gas D.R. = Ditch Road L0T4 O = House HG �A/C O = Shed o+G VV I/7 A = Proposed Access T I = Existing Access `C LOT NT ci OFFICE USE ONLY: 7 we At 4 7 Road ADT Date Accidents Date Road ADT Date Accidents Date Drainage Requirement Culvert Size Length Special Conditions D Installation Authorized D Information Insufficient Reviewed By Title: 7 • Well County Planning Department !BUILDING Uhl, 1 2007 (11-ct TS; Memorandum TO: Jacqueline Hatch, W.C. Planning C DATE: December 12, 2007 FROM: Pam Smith, W.C. Department of Public COLORADO Health and Environment CASE NO.: RE-4747 NAME: Tamijo LLC do Bing Sellers Environmental Health Services has reviewed this proposal; the following conditions are recommended to be part of any approval: 1. A Weld County Septic Permit is required for the proposed home septic system(s) and shall be installed according to the Weld County Individual Sewage Disposal Regulations. 2. All septic systems must be located on their respective lots and meet all lot line set back requirements. 3. The application materials indicate that the two houses are proposed to share a common well. Therefore, the applicant shall submit a declaration providing for shared well operation and maintenance by both parcels of land. 4. This application is proposing a well(s) as its source of water. The applicant should be made aware that while they may be able to obtain a well permit from the Office of the State Engineer, Division of Water Resources, the quantity of water available for usage may be limited to specific uses, i.e. domestic use only, etc. Also, the applicant 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. • DEPARTMENT OF PLANNING SERVICES BUILDING INSPECTION NORTH OFFICE 918 10th Street IratWD GREELEY, COLORADO 80631 PHONE (970)353-6100, EXT.3540 C FAX (970) 304-6498 SOUTHWEST OFFICE COLORADO 4209 CR 24.5 LONGMONT CO 80504 PHONE (720)652-4210 ext. 8730 FAX (720)652-4211 November 28, 2007 Tamijo LLC c/o Bing Sellers Two Lot Recorded Exemption RE- 4747 1. 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 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 or water for watering or washing of livestock or poultry. 2. A plan review is required for each building except for buildings that meet the definition of Ag Exempt buildings. Plans may require the wet stamp of a Colorado registered architect or engineer. 3. Buildings shall conform to the requirements of the codes adopted by Weld County at the time of permit application. Current adopted codes include the 2006 International Residential Code; 2006 International Building Code; 2006 International Mechanical Code; 2006 International Plumbing Code; 2006 International Fuel Gas Code; 2005 National Electrical Code and Chapter 29 of the Weld County Code. 4. Each building will require an engineered foundation based on a site-specific geotechnical report or an open hole inspection performed by a Colorado registered engineer. Engineered foundations shall be designed by a Colorado registered engineer. 5. Fire resistance of walls and openings, construction requirements, maximum building height and allowable areas will be reviewed at the plan review. Setback and offset distances shall be determined by the Zoning Ordinance. 6. Building height shall be measured in accordance with the 2006 International Building Code for the purpose of determining the maximum building size and height for various uses and types of construction and to determine compliance with the Bulk Requirements from Chapter 23 of the Weld County Code. Building height shall be measured in accordance with Chapter 23 of the Weld County Code in order to determine compliance with offset and setback requirements. Offset and setback requirements are measured to the farthest projection from the building. 7. Provide letter of approval from the Fort Lupton Fire Protection District prior to new residential construction. 8. There are no building permits on record for this parcel. Sincerely, Roger Vigil Building Official Service,Teamwork,Integrity,Quality istssi t csiit.N. Weld County Referral Wlip November 14, 2007 C COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Tamijo LLC do Bing Sellers Case Number RE-4747 Please Reply By December 12, 2007 Planner Jacqueline Hatch Project Recorded Exemption Legal SE2 NE4 of Section 17, T1 N, R67W of the 6th P.M., Weld County, Colorado. Location West of and adjacent to CR 17 and approximately 1/2 mile south of CR 10. For a more precise location, see legal. Parcel Number 1469 17 100049 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. ❑ e have reviewed the request and find that it does/does not comply with our Comprehensive Plan � We have reviewed the request and find no conflicts with our interests. �N $ee attached letter. Comments: Signature 5�� / //—/2-d2 Agency /...ac.,9.1 OP Date ••Weld County Planning Dept. +4209 CR 24.5, Longmont,CO 80504 t(720)652-4210 ext.8730 4(720)652-4211 fax . S se �f * ' Administration Office www.ftlupton.k12.co.us W dlel �' ID 301 Reynolds Street Ph: 303-857-3200 Fort Lupton, CO 80621 Fax: 303-857-3219 fort luplon.colorado Weld Cnillty r'!- itg Department S0':': ',ht :i VWLDING N0V 2 2007 November 20, 2007 --r-t' '' ' i ® Jacqueline Hatch Weld County Planning Department 918 10th Street Greeley, CO 80631 RE: Weld County Referral Tamijo LLC c/o Bing Sellers Recorded Exemption Case Number RE-4747 Thank you for referring the Tamijo LLC (c/o Bing Sellers) Recorded Exemption to the School District. Based upon expected student generation rates from what appears to be the possibility of one new single-family unit on approximately 12.12 acres, the new home would generate approximately 1 new student to be accommodated within district. Bus transportation would likely be provided. It is understood that approval of the proposed new lot does not yet add residential units to enrollment potential. However, certain school issues should be considered at this important juncture, including school site planning, transportation access and facility capacity. The current facilities that would serve this lot are Twombly Elementary or Butler Elementary, Fort Lupton Middle School and Fort Lupton High School. Capacities and enrollments of these schools are: Seats Student Enrollment Available School (Grades Served) Capacity (10/1/06) (Short) Twombly Primary (K-5) 530 656 (126) Butler Elementary (K-5) 668 624 44 Fort Lupton Middle School (6-8) 890 520 370 Fort Lupton High SchoOl (9-12) 770 707 63 The District is on record as not opposing growth so long as the growth is planned and is manageable from a student enrollment standpoint. This development could impact all levels of schools. In addition, even without this project, completion of other previously approved developments would generate more students than can be accommodated by the existing schools. A community united for student success...college ready! Una comunidad unida pars el exito de sus estudiantes... ilistos para la universidad! 1 2 0 As the volume of developments increases with no alleviation of the existing capacity conditions, the ability to provide the same quality education for these new students becomes increasingly difficult. Weld County School District RE-8 requests the cooperation and participation of the developer to provide cash in-lieu of land dedication fee, (currently $939 per new lot) , to address the need for future school sites. Further, the District requests that the County assist with monitoring residential growth working and consider facility capacity impacts upon the schools in determining whether a new project should be approved. We appreciate your cooperation and the opportunity to comment upon the issues of interest to both the County and the School District. We ask that the recorded exemption not be approved until the applicant demonstrates that the cash in-lieu of land dedication fee has been paid, or that arrangements have been made with the School District. If you have any questions or need additional information, please do not hesitate to contact me at (303) 857- 3210. Sincerely, )�� ,�O Brenda S. Johnson Business Manager Weld Lu ;- ;.�,, Department 3UILDING d(fait 11 H 07 14 : 21 I NOV 2 t. Z007 Weld CountitRetliffil ' November 14, 2007 C. COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Tamijo LLC do Bing Sellers Case Number RE-4747 Please Reply By December 12, 2007 Planner Jacqueline Hatch Project Recorded Exemption Legal SE2 NE4 of Section 17, Ti N, R67W of the 6th P.M., Weld County, Colorado. Location West of and adjacent to CR 17 and approximately 1/2 mile south of CR 10. For a more precise location, see legal. Parcel Number 1469 17 100049 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 ❑ We have reviewed the request and find no conflicts with our interests. If See attached letter. Comments: Signature c ` Q C�ci\` KC Id "2fsle -1 Agency f,h 0,p-c_:: <1 (� � sK Date +Weld County Planning Dept. ❖4209 CR 24.5, Longmont,CO 80504 +(720)652-4210 ext.8730 ❖(720)652-4211 fax *oUNTA'" • MOUNTAIN VIEW FIRE PRIPECTION DISTRICT a Administrative Office: 9119 County Line Road • Longmont, CO 80501 E 11 4 e (303) 772-0710 • FAX (303) 651-7702 VIEW November 28, 2007 Ms. Jacqueline Hatch Weld County Planning Department 4209 Weld County Road 24.5 Longmont, CO 80504 Dear Ms. Hatch: I have reviewed the submitted material pertaining to the recorded exemption for the Tamijo LLC property, located at 3653 Weld County Road 17 in Weld County (Case Number: RE-4747). The District does not object to the recorded exemption, but does have the following comments and requirements for construction of any new dwellings, including the installation of a manufactured home, on either of the parcels created: • All construction shall be in accordance with the provisions of the International Fire Code, as ratified by the Weld County Commissioners. • Water supply for fire protection may be required for a new dwelling. In instances when a request is for a recorded exemption and not a subdivision, water supply for fire protection is not required for a single family residence that is not larger than 3,600 gross square feet and is placed on at least a 2.5 acre site. If a residence exceeds 3,600 gross square feet, or is placed on less than 2.5 acres, water supply for fire protection requirements apply. All other structures may require water supply for fire protection depending on the use of the new structure. • If water supply for fire protection is not available from fire hydrants, the installation of a residential fire sprinkler system is accepted as an alternative to meeting the required fire flow for residential structures. We appreciate being involved in the planning process. Should you have any questions, please contact me at(303)772-0710. Sincerely, c a2cc LuAnn Penfold Fire Marshal LMP/lp cc: project file Ipl 1.29.07 Station 1 Station 2 Station 3 Station 4 Station 5 Station 6 Station 7 9119 Cnty Line Rd. 14308 Mead St..Unit B P.O.Box 575 P.O.Box 11 10911 Dobbin Run 50 Bonanza Dr. P.O.Box 40 Longmont,CO Longmont,CO 299 Palmer Ave. 8500 Niwot Road Lafayette,CO Erie,CO 100 So.Forest St. 80501 80504 Mead,CO 80542 Niwot.CO 80544 80026 80516 Dacano.CO 80514 • Weld Cowl nning Department 50•!" '' 'r RUIILDING STATE OF COLORADO Bill Ritter,Jr.,Governor O E L (1 6 2007 GO T%O DEPARTMENT OF NATURAL RESOURCES DIVISION OF WILDLIFE RELIVED AN EQUAL OPPORTUNITY EMPLOYER N �yQ OF V�" Thomas E. Remington, Director 6060 Broadway For Wildlife- Denver, Colorado 80216 For People Telephone:(303)297-1192 wildlife.state.co.us November 27,2007 Jacqueline Hatch Weld County Planning Department 4209 CR 24.5 Longmont,CO 80504 RE: Tamijo LLC c/o Bing Sellers RE-4747 Dear Ms. Hatch: Thank you for the opportunity to comment on the Tamijo recorded exemption development project.The goal of the Colorado Division of Wildlife(CDOW)is to provide complete,consistent and timely information to all entities who request comment on matters within our statutory authority and our mission-which is to protect, preserve,enhance and manage wildlife and their environment for the use,benefit,and enjoyment of the people of Colorado and its visitors. District Wildlife Manager Chris Mettenbrink recently visited the project site to assess how any development will impact wildlife on the property.The undeveloped portion of the property consists of a grassland habitat that is beneficial to many species of wildlife.The wildlife that can be found using this type of habitat include a variety of grassland birds,hawks,deer, coyotes,raccoons, and a variety of other small mammals. The CDOW makes the following recommendations if this property is developed: 1. Any fences constructed should follow the guidelines below. 2. Initial groundbreaking construction should take place after August 15 and before April 1 to prevent the destruction ground nesting bird nests. 3. A weed management plan should be developed for during and after construction. 4. New homeowners should be made aware of the nuisance wildlife found in the area. Fencing The property lies in an area that is inhabited by deer. Some types of fencing can be dangerous and even fatal to deer. CDOW recommends that if any fencing is to be used within or around development site,either during or after the project, it should be the type that would allow the free passage of wildlife. Fencing plans should avoid the use of woven wire type fences that will trap or prevent movement of wildlife. The Division of Wildlife prefers the use of three or four strand fencing with a bottom strand height of 17 inches and a maximum top strand height of 42 inches,along with installation of double stays between posts.This design allows young animals and other wildlife to pass under,as well as allows mature deer to cross over the top. DEPARTMENT OF NATURAL RESOURCES,Harris D.Sherman,Executive Director WILDLIFE COMMISSION,Tom Burke,Chair•Claire O'Neal,Vice Chair•Robert Bray,Secretary Members,Dennis Buechler•Brad Coors•Jeffrey Crawford•Tim Glenn•Roy McAnally•Richard Ray Ex Officio Members,Harris Sherman and John Stulp • • Ground Nesting Birds Grassland pastures and meadows make for desirable nesting habitat for many species of ground-nesting birds. Human activities around these nests can have negative impacts on them. It is recommended that any construction that takes place on the site occurs before April 1 and after August 15 to minimize any impacts that human activity may have on these nests. Noxious Weeds It is important to help prevent the spread of noxious weeds. During new construction,weed seeds can be carried on machinery being transported from one site to another. Noxious weeds reduce property value and wildlife habitat. Care should be taken to avoid spreading and introducing noxious weeds. Equipment should be cleaned periodically to remove weed seeds even if no weeds are recognized. Recently altered soils rapidly become infested with noxious weeds.The area should be promptly revegetated using native species to prevent erosion and invasions by weeds. It is also recommended that a weed management plan be developed for during construction and for at least 5 years after construction. Nuisance Wildlife One of the reasons that people move to areas such as this is to be able to observe wildlife close to home. Most wildlife try to avoid human interaction,but some will come too close for some and can cause problems for homeowners. It is recommended that the developer make future homeowners aware of nuisance animals that are found in rural areas. Coyotes, raccoons,skunks,and foxes can all potentially cause problems to landowners. Raccoons and skunks often get into trash and domestic animal feed,even when stored in enclosed areas. Coyotes, foxes, and skunks will eat chickens and other domestic birds as well as their eggs. Also,homeowners should be made aware of the potential problems that coyotes and skunks can cause with domestic dogs and cats. The new homeowners should also be made aware that it is their responsibility to prevent and handle any problems that may arise.CDOW is not liable for damage caused by these species. The Division of Wildlife has brochures available to the homeowners that talk about living with wildlife and will also be happy to give suggestions on how to prevent any potential problems. We would like to thank you for the opportunity to comment on your proposed development. If you have any further questions,please feel free to contact District Wildlife Manager Chris Mettenbrink at 303-472-4405. Thank you. Sincerely, e, -A,eCor Kathi Green Acting Northeast Regional Manager Colorado Division of Wildlife cc: Mark Leslie—Area Wildlife Manager Chris Mettenbrink—District Wildlife Manager File: Kathi Green—Acting Northeast Regional Manager Area 2 • s 8 CR 10 J , CR 15 J CR 17 CR 8 DACONO 20 cr -_ Kw::r Y . � `a I. , n Y [.� ys ,"u.n ,� rho r I' 3 I �_ q o 9 { 4 � • ate, / m • :u ,.,,,,;,::.•':::.:,,4, ..,L.,... .:4” ,_- .: . ;,,, fi . :::''''' '.. ."''''''' ' V.; .,,,' ,- r r . tilil • 4 ,R . =,V. cy 4 _ R NFU of , f 4 . ,►' V b g s '4 7 • x3• .&mss° c • 3 y N • RECORDED EXEM( RE- PART PART N.E. 1 / 4 SECTION 17, T. ii ., R.67W., 6TH P.M., W E WELD COUNTY, COLORADO DO S LEGEND — — • DENOTES, SET - 05 REBAR L CAP, BAYER -P.L S. 6973 mm o MY 1m m R DENOTES, mum MRUENT AS DESCRIBED o1 SCALE: 1 ''=1 00' .- DENQTES, FENCE LIME i • DENOTES, UNDERGROUND GAS LINE DENOTES, UNDERGROUND ELECTRIC LINE gel NORTH LITE S.E I{ Y N E.N SEC. 17 _ 10• UTILITY HE COI. S.C. 14 RE 1.1 r EASE)OT m SEC. 17, T.1N, R 6716 (FOND NO 6 REBAR, H Y. COL S E. M H E. H yV.' 2' ALUM CAP, L.S. SEC. V, T.IN. R.67V. ~ I OBO Nn 6 REBNL LOT B ARE 2545 I y/ 2 ALUL CAP, L.S. PIN L CAP, ALPHA I d 1ill J"/ 2s93]_•I999') _ RIM room S89.26'23'E 1321.16 ENG., L.S. 25937�, I YYY((( a�f IIi 1294, 16 FENCE a LIM m,my II a I I ,I 30' ROAD R.O.W. PER ROAD LOT A PETITION #845, DECLARATION I i3 CONTAINS 12.1167 ACRES BOOK 656, PAGE 156, RECEP. MOUE OR LESS NO. 60555, SEPTEMBER 06,1930 DO' TOI-EXCLUSIVE ACCESS L UTILITY EMflEM Mi/IM ARTIER 1T MIX POINT OF soot 10'22'V 10.00' BEGINNING $ r PIN L CAP, ALPHA NO0'00'00'E ENG., L.S. 25937 LOT A I '.� 123.41' NEC'26'23'V 393.15' N09'26'23'V 37 51' II 30 EXISTING SE-PARCEL igr illM M1RIR 9r ACCESS PER SE-1052, WELD R I - I DRIVEWAY I� COUNTY RECORDS r"Wi1O1 ICU.L 7� - — f1I I ENCLOSURE • O S07.34'56•V 52].02' I• I N 2-STORY 0• I • WAIL - - c HOUSE a �� —' MILL--11., .— NY ACCESS DRIVEWAY I a • 0 N Owl 1 1 ,� • - - - p • ['� to (PI. b - - - I 1u6C . —.,• ., - - - - - � � to Cu ��eat PTP(LIIE--•�—• ILO' ILL SIYLW • I I �� xa92czry 363.15.___I �'Q n LQ £I • N. 1"— i DOG mbm OJ XI• NI aID o l• I� WWM ELL O1 0 i I e 0 CJ .N PIMP ZIP O �I N NP LOTB L0 „ o 1IJ II LJ LJ I WEST RIGHT-OF-WAY LINE I ON VELD COUNTY ROAD 17 y. •, WEST LINE S.E.14 CONTAINS 27.1997 ACRES �H E.1S SEC. 17 MORE OR SEC. i___ (INCLUDES SUB-EXEMPT PARCEL) WAWA ^N Jst N'f ECINTE L ATOO1 OT NLI ISOUTHEAST Y4 NORTHEAST Y4 SECTION 17 I I I I $I N89.31'UB'Id 30.00' 1 L POINT OF ,BEGINNING LOT B....... 19.6..1'd a6 022.Ir ° 1298. 12 •—._i • �L?D L_•—•_,_._._• NB9.•31' E1 V .�- 1 ' 1328.12 0 I �1a. I E. 1/4 CORNER SEC, 17, T.1N, R.6JV. N1N \ (FOUND In. 6 REBAR, V/ 2' ALUM. CAP, S.Y. CDR. S.E. 16 N.E. K U! y L.S, 25937, '1999') SEC. 1], T.1N, R.671/. 010 I POINT OF COMMENCEMENT (FOUND N0. 6 REBAR, 0 Y/ 2' ALUM. CAP, ACCESS MD UTILITY_121 1-- LOT A & B L.S. 25937, •1999') EASEIENTS IIR T LOETIT a BOTH T ""R ° ` LOT A, RE-3342 LOT B RE 3342 r----- —SOUTH LINE S.E.K HEM SEC. 17 WELD COUNTY ROAD ACCESS INFORMATION SHEET Weld County Department of Public Works 111 H Street, P.O. Box 758, Greeley, Colorado 80632 Phone: (970 )356-4000, Ext. 3750 Fax: (970) 304-6497 Road File#: Date: 1 i— / — g RE # : Other Case #: 1. Applicant Name n T44 / JO t I z C Phone 96'5 ≤S- /S.6 Address 10 ? q E 1,0 14 # 51S City 7-Ind/yDhe state fig Zip Q 33 2. Address or Location of Access 140'5 Wet( I r/ Section 17 Township 1 N Range 6 7 Subdivision NR Block /1//Q Lot ✓vA 4 2 Weld County Road #: ir7 Side of Road Distance from nearest intersection i( 0 3. Is there an existing access to the property? Yes X No # of Accesses 2 4. Proposed Use: J Permanent X Residential/Agricultural J Industrial D Temporary ❑ Subdivision U Commercial ❑ Other 5. Site Sketch Legend for Access Description: AG = Agricultural WC i I) L_ RES = Residential O&G = Oil & Gas , D.R. = Ditch Road Lor4 C = House II 47a=� We /\ 10 O = Shed /7 Ot6 I q A = Proposed Access XA A = Existing Access 71 LOT NT C « **«..,......«.....««.«.«... 7 OFFICE USE ONLY 7 we g 4 Road ADT Date Accidents Date Road ADT Date Accidents Date Drainage Requirement Culvert Size Length Special Conditions ❑ Installation Authorized U Information Insufficient Reviewed By: Title: 7 /O CERTIFICATE OF CONVEYANCES WELD COUNTY STATE OF COLORADO DEPARTMENT OF PLANNING SERVICES The FIRST AMERICAN HERITAGE TITLE INSURANCE COMPANY hereby certifies that it has made a careful search of its records, and finds the following conveyances affecting the real estate described herein since August 30, 1972, and the most recent deed recorded prior to August 30, 1972. LEGAL DESCRIPTION: The Southeast Quarter of the Northeast Quarter of Section 17, Township 1 North, Range 67 West of the 6th P.M., County of Weld, State of Colorado CONVEYANCES (if none appear, so state): N' Reception No. 1561359 Book 639 N, Reception No. 1636799 Book 715 N Reception No. 2010722 Book 1070 Na Reception No. 2731977 Book N Reception No. 2789959 Book N Reception No. 2939202 Book N Reception No. 3050209 Book N Reception No. 3345127 Book Reception No. 3362433 The certificate is made for the use and benefit of the Department of Planning Services of Weld County, Colorado. This Certificate is not to be construed as an Abstract of Title nor an opinion of Title, nor a guarantee of Title and the liability of FIRST AMERICAN HERITAGE TITLE COMPANY, is hereby limited to the fee paid for this Certificate. In Witness Whereof, FIRST AMERICAN HERITAGE TITLE COMPANY, has caused this certificate to be signed by its proper officer this 7th day of November, 2007, at 8:00 a.m. First American Herit e Title Company By: i/ � Authorized Signature • r �s .p tel: ' .' Retard.• ti1�ltl Co JAN Z91971 .'' Z1 '°°1 g Radtke Wu L5h'13m --- 'L±- —r"o' .,. . '• \_1 Reach ,Sale . • tiler aOrrb 170 Marty Plat $ I wa (, 1`;i. . .• w comity of r.1d andrbbai .1'. • Colorado tart .ce atdrntr d O• d il:.o- arrty Flee yhwnad Do9.n. ) (• ~.p b had paid,WntyaOl.)end eaavre)b 4. • .NN OLUMD It, JWool sad DM MilJt®SOden H •• MI _ ..._._....hoe*dater W N,, 1.. - a terse rest 34th A..ala • Cat of Jefferson al tale r .2 I....,- •` .. c.i.rado '4)oat tamer'.the ta0owtog me peter daub . , e r the Comb of W 1d .d Stab of Cana tear 'l I t.... a r IL`Yf • 7W Northeast tarter (1[1) of Section Seventeen (17), Taal"Or (1) torts, P i g trap arty-0nr (Si) rat of the Sixth (6th) P.0., hid Ci ty, leraag. d li the North One read feet (100) of th.tteet On - .ea 'het 1et i r (130) of the Nortb.r.t tarter OUR) of Section rate! (17), T S*Ore ` .. (1) tenth, amp 0ert n y-.. o (67) lint of tee gist► (6t►) }.1..:r 1 -+ ' • s (. with al rte t09rtaats an errata OW rite b tar wane,tidbit to the tear ter the Yee . •: _ , tin ad aebrareat fart: subject to e rr c n gret., rereate**, ntrlrtten, - mt,,. made ad rt0hte of Watt .d egrets of record �y . tarrd the-Ati_day et v.,sny 191L ? • u . y ikihrl..dr...41everetve4 i'�i".es i�wCw.. h • O "} .......J.WATS CV COLORADO - or Dome AI. It - . .. wa atdaOhrM hen r.thb Mr dal'of Jeaeep '.t Oar and RAD m J. a aY e• ater Muth da, /� 107 . ,,w and died ea //� ((//��)) No r el f 'a W{M+" pa 0 '. STATEOlt COLORADO 1r ti , I 71a area L-tu.. w>l ..esa%dbar me that p t d b Y t. re Pat II ,by r at ':' I and a1trR1F) e.,, aersYdra�tt: Ma toy hara ffend seal . „ • i • . i; 2. aeinterb a. c. ,! sirs, . rat+sae r_. - r .. .f )' ® . ?OA w}la umrwr tort Ow Sin Man r r.r ;t.,r a, t ) ro', �. f • • '735 MAY 20 :174 a«a dtd of —� -- d�«t _�^•- . 16362,.8— S. Lt r,d.... Jr., ntamtt ' ` l taR ral ` !!` ^ PTAit Or COLORADO FE! f (^ ' }r..4.-.-Yt.. .,, CERTIFICATE OF DEATH r • ,,- 't• tk%' I, .f.......Cett.ff M N I ..4 `tt' .... ....n -•.. .• y.�yyf.�..�yt 't , 1�/(Ji .t.r4I NO NI Mae Mate hiriliio,_ y �y�ty�t� y J Ill ilk %.r:ty r•. ..}j•' 1k , WII. Rid . 't'..' •t PI, -4 ��:.li .iA».• P5I_.• , Thy *'+f• l'(• P'i't'k,.*.•: ^i ` Tteti .. r➢ T 1R; Krk* •:4 v': mf.iatt .IY.PO.ad truss, p yyMrttiy W t 44.;.' . ' . .�,� Colorado �'.r " 1' .Y�.�.s. • t,y, ,_, Ilitill "Minot. r it .4•. l'''' ?.Si arinin 1• , Meat Jai, M.., MMt '; yl fig"?11/1�r+. fir' ` � ' ....•...............„.... . r . 1 e v' tfh�t i,,T','1: r� n r t.. — ... nillill. kMEW Y YAM''.` • I.r . ., .'v .." I . . ;....:i.. . ,. "' Mir •lair.) 4'i j. .{ i w y .'. ��y V•' • r r - w a Ly,T5. r .. 3^ a. Jam. • .. L. —_ 'refjM , •.e P -- . 1 r WM.1 4arr • ti r^ rf ,}Q 'I 1{I:S'i. ., i I i JJl ( . far -a--i.."5"illaillrIA • lirli.-minLn'- ti . L. ,,'Yrr7,a UMW tub. of America ..�M"� * S • zt I M Eby "tan to s tray this estns ooh of OS LL ` ,.r(:1I, J .[. Issued in atat tEia yfy M nay �jjjljS� iY� . .r s I , t �[ r" •C,e{r„_Y,. hats MOM.� KW WSW? alt► .� ��.. •NI' ;, ' J .. -` - . • ,F y� AR2010722 e..1070.:REC"02010722" 05/22/85" 14e'21 $3.00 1/001 It F 1386 MARY.-ANN .FEUERSTEIN..CLERE.i ,RECORDER WELD CO, CO I - - -� --_ --�� -WARRANTY DEED i • THIS DEED,Made this /il day of May - . :,19 85 ,befaeen .�. CHARLIE M. JOHNSON of the *County of Jefferson and 1 State of Colorado.grantor.and Stets Docnne111Ory Fes Data MAY 2 2 1985 JOHN.E..UNDERRILL„and_,IaAURA. L.. UNDERHILL. $ 5 .00 whose legal address is 3113 Weld-County Road 17, Brighton, Colorado 80601, of the County,of Weld __ _.. and State of Colorado,grantees: I WITNESS,that the grantor.for and in consideration of the'urn of DOLLARS. I FIFTY THOUSAND and NO/100 '.I -.. I; the receipt and sufficiency of which is hereby acknowledged.has granted.bargained.sold and conveyed.and by these presents does i III grant.bargain.sell.convey and confirm unto the grantees.their heirs and assigns forever.not in tenancy in common but in joint tenancy. !I all the real property. together with improvements. if any.situate.lying and being in the County of I• Weld and State of Colorado.described as follows • The south half of the northeast quarter (S1ND0 of Section Seventeen (17), Township One (1) North, Range Sixty—seven (67) west of the I Sixth P.M., •0 I �� '2' also known by street and number as I "- T(H:F7HF.R with all and singular the hereditanxNs and appurtenances thereunto belonging,or in anywise appertaining and the I reversion and reversions.remainder and remainders.rents.issues and profits thereof.and all the estate.right.title,interest,claim and I I demand whatsoever of the grantor.either in law or equity.of.of and to the above bargained premises.with the hereditaments and Il IIappurtenances. I• II TO HAVE ANI/7'O1101.1)thesaid prcnuses those hargained and described.with the appurtenances.unto the grantees.their heirs and assigns li never.And the grantor.tor himself.his heirs and personal representatives does etnenant.grant.bargain and agree to and I I with the grantees.their heirs and assigns.that at the time of the ensealing and deliver)of these presents he is well seized of the premises , aline conseved.has good.sure.perthc!.absolute and indefeasible estate it inheritance.in law.in fee simple.and has good right.full 'sinter and lawful nut hority to cram.bargain.sell:mit cove)the cane in manner and to ntt:Jbr:said.and that same arc free and dear Iritta 11insttuments orights—of-way,record• iningltoi theg61i. gab andmother minerals under ereal� III r he a era other s Eea estat taxes nt .weer.n e t yyeaz axes• an expce r aerva n ee`cs a props at other trliens, proper and except r etri ions and covenants of record and/or apparent• and except any rights,gclaiiims[, or interests o Rob t ,,T1. Nu b ck dd Patrica J Note a f6e/gteinagoogr753 1areegpgion IToeCfbgb5ind g 9ounty COare asd Apr nt g:hall and recor ed Aarc , CO rec da.The grantor shall and will WARRANT AND FOREVER DEfND the atone-bargained premises in the quiet and peaceable II! III'I possession of the grantees. their heirs and assigns.against all and every person or persons lawfully claiming the whole or any pan i i thereof The singular number shall include the plural.the plural the singular.and the use of any gender shall be applicable to all genders. I. Et IN WITNESS WHEREOF the armor has executed this deed on the date set Lmh above. ?tir/LOV/ V • STATE OF COLORADO l .e II County of Weld I The foregoing instrument was acknowledged before me this )7-1 h day of May .19 95 ' I by Charlie M. Johnson. +,n\sin, ., Wmtass ms howl and official sat It '.1 {•,.••C, fls contmnn,m asrym J-/,ti .19.6(O ':.I ..14 :: k— I, - lux.] --r..•,• y}fQ *.t.. Address: il(a- /UcU (IQ f �•tLy.-,ill •a m Denver.insert"Cray and.. , Telephone• , h..34:-.3.-- "C/CS 7 1 !I 1111101111111111111111 II iiml ii iii uu11111 III • 2731977 11/09/1999 03:33P JA Mil Tfalmsoto 1 of 2 A 10.00 D 17.00 Weld County CO 77 WARRANTY DEED c3Pui THIS DEED, Made this 5th day of November, 1999 between John B. Underhill and Laura L. Underhill of the County of Adams and State of Colorado, grantor, and Mark S. Morrison and Marsha J. Morrison whose legal address is 10463 Lincoln Ct., Northglenn, CO 80233, of the County of Adams and State of Colorado, grantees; WITEESS that the grantor for and in consideration of the sum of Tel AND 00/100, ($10.00) Dollars, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm unto the grantees, their heirs and assigns forever, not in tenancy in common but in JOINT TENANCY, all real property, together with improvements, if any, situate, lying and being in the County of Weld and State of Colorado, described as follows; SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF *** also known by street and number as Vacant Land, Brighton, Colorado 80601 TOGETHER with all and singular the hereditaemnts and appurtenances thereinto belonging, or in anywise appertaining and the reversion and reversions, reeaiader 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. To HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantees, their heirs and assigns f And the grantor, for himself, his heirs and personal representatives, does covenant, grant, bargain, and agree to and with the grantees, their heirs and assigns, that at the time of the ensealing and delivery of these presents, he is well seised of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the sane in manner and form aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, snouts, encumbrances and restrictions of whatever kind or nature sower, except general taxes for 1999 and subsequent years; except easements, restrictions, covenants, conditions, reservations and rights of way of record, if any; The grantor shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable po ion of the grantees, their heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders.IN WITNESS WHEREOF the grantor has executed thi d on the daaXet . oe. `1 J/✓"l �// 1/�/'`(ice k7 /3 hn B. Underhill G �c�u ca et" Laura L. Underhill STATE OF COLORADO as. The foregoing instrument was acknowledged before County of weld ) me this 5th day of November, 1999 by John E. Underhill and Laura L. Underhill Witness my hand and official seal. My coamission expires 10-17-2002 NOTARY PUBLIC 15 South 4th Avenue No. 921A. Rev. 3-85 Brighton, COLORADO 80601 �p4YB 4,/ NisPUQ, . ......,1(,C f MELINDA t: i BAESSLER y ..e. rp�o 111111 11111 1111 11111 III thiipi in 11111 liii iii 2731976 19p 15A0 Weld Co unty s kamoto 1 at R 10.00 O c� 97� WARRANTY DEED o!!di \"a THIS DEED, Made this 5th day of November, 1999 between John E. Underhill and Laura L. Underhill of the County of Adams and State of Colorado, grantor, and Mark S. Morrison and Marsha J. Morrison whose legal address is 10463 Lincoln Ct., Northglenn, CO 80233, of the County of Adams and State of Colorado, grantees: WITNESS that the grantor for and in consideration of the sum of TEN AND 00/100, ($10.00) Dollars, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm unto the grantees, their heirs and assigns forever, not in tenancy in common but in JOINT TENANCY, all real property, together with improvements, if any, situate, lying and being in the County of Weld and State of Colorado, described as follows, SEE EXHIBIT 'A" ATTACHED HERETO AND MADE A PART HEREOF •i.w also known by street and number as Vacant Land, Brighton, Colorado 80601 TOGETHER with all and singular the hereditamenta and appurtenances thereunto belonging, or in anywise appertaining and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the grantor, either in law or equity, of, in and to the above bargained premises, with the hereditamenta and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantees, their heirs and assigns forever. And the grantor, for himself, his heirs and personal representatives, does covenant, grant, bargain, and agree to and with the grantees, their heirs and assigns, that at the time of the ensealing and delivery of these presents, he is well seized of the premiss above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in foe simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, , encumbrances and restrictions of whatever kind or nature soever, except general taxes for 1999 and subsequent years; except easements, restrictions, covenants, conditions, reservations and rights of way of record, if any; The grantor shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable possession of the grantees, their heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF the grantor has executed this ed on the date set ort above. hn E. Underhill Lau L. Underhi 1 K STATE OF COLORADO } se. The foregoing instrument was acknowledged before County of weld } me this 5th day of November, 1999 by John E. Underhill and Laura L. Underhill Witness my hand and official seal. My commission expires 10-17-2002 a ( /' NOTARY PUBLIC 15 South 4th Avenue •ice_.., No. 921A. Rev. 3-85 Brighton, COLORADO 80601 kc MELINDA \ 'MESSIER N�. o `lr, IIIIIIIIIIII11111111II110111l11111111llllllll • • 27oi9Y pi100019D 16T P gnib ODNa 0 ESCROW NO. : 80473488 DATE October 18 1999 "EXHIBIT A" LEGAL DESCRIPTION PARCEL 2: The SW1/4 of the NE1/4 of Section 17, Township 1 North, Range 67 West of the 6th P.M. , County of Weld, State of Colorado. *** Reserving unto Grantor an unrestricted 30 foot right-of-way for ingress and egress easement on the East boundary of the SW 1/4 of the NE 1/4 running North and South at the existing hard surface road and runs continuous from County Road 10 South to the Southerly boundary right- of-way which is a 60 foot in width starting 8 feet North of irrigation ditch and current road; following the road circling Southeast to County Road 17 and circling Northwest following Main Supply Ditch to Headgate 38. Grantor grants unto Grantee the use of the 60 foot right-of-way from Headgate 38 and Bull Ditch to run his irrigation water and Southeast for access to County Road 17 on hard surface road already in place. Reserving unto Grantor an unrestricted 30 foot right-of-way for ingress and egress easement on the West boundary of the SE 1/4 of the NE 1/4 running North and South from County Road 10 South to 60 foot in width right-of-way at irrigation ditch and road circling Southeast to intersection of County Road 17 and Southwest to Bull Ditch at Headgate 38. Grantor grants unto Grantee the use of this irrigation ditch and Headgate at any time it is not currently in use. Irrigation ditches currently in place will be jointly owned and maintained and _ used by the Grantor and Grantee. • IIDIIIN11111111 III 111111S1111111111111111111 • 27319772 f2R 11/09r8199 83W 1 00 17.80 Weld Coun Immoto ty C ESCROW NO. : 8047348B DATE October 18 1999 "EXHIBIT A" LEGAL DESCRIPTION PARCEL 1: The SE1/4 of the NE1/4 of Section 17, Township 1 North, Range 67 West of the 6th P.M. , County of Weld, State of Colorado. *** Reserving unto Grantor an unrestricted 30 foot right-of-way for ingress and egress easement on the East boundary of the SW 1/4 of the NE 1/4 running North and South at the existing hard surface road and runs continuous from County Road 10 South to the Southerly boundary right- of-way which is a 60 foot in width starting 8 feet North of irrigation ditch and current road; following the road circling Southeast to County Road 17 and circling Northwest following Main Supply Ditch to Headgate 38. Grantor grants unto Grantee the use of the 60 foot right-of-way from Headgate 38 and Bull Ditch to run his irrigation water and Southeast for access to County Road 17 on hard surface road already in place. Reserving unto Grantor an unrestricted 30 foot right-of-way for ingress and egress easement on the West boundary of the SE 1/4 of the NE 1/4 running North and South from County Road 10 South to 60 foot in width right-of-way at irrigation ditch and road circling Southeast to intersection of County Road 17 and Southwest to Bull Ditch at Headgate 38. Grantor grants unto Grantee the use of this irrigation ditch and Headgate at any time it is not currently in use. Irrigation ditches currently in place will be jointly owned and maintained and _ used by the Grantor and Grantee. 1 uIIII INu.1111111111111111111 Sold 1111111111111111 1 of 2 R 10.00 0 0.00 Weld County CO A298-10 QUITCLAIM DEED THIS QUITCLAIM DEED,Executed this a,$ day of Ppu,5+ , a iDO real, by first party,Grantor, Mar 3. I-ts.) Mrrio0n p rt.4- iv 0T- Morn 5p+ whose post office address is )04Ct3 Lir)0_01hCoar-I ) Nor4hjlenn , CQ Spa53 to second party,Grantee, ►.,fart{ S . korr t5rn-, kor-JriciT. kio rr t5o ti7 whose post office address is I 04 co 3 Lt rco Nio✓4InA 1 tin n ,CO $oza WITNESSETH, That the said first party, for good consideration and for the sum of rot ord no't oo Dollars($ '(_oa ) paid by the said second party, the receipt whereof is hereby acknowledged, does hereby remise, release and quitclaim unto the said second party forever,a0 the right,title,interest and claim which the said first party has in and to the following described parcel of land,and improvements and appurtenances there- to in the County of Weld ,State of Co I ortd.Q to wit: -The S 1/2_ o-4 -+he IVC %I o-C ,fin { ors 1 7,Townsh t p I Nrn'4h ) Rqn r✓ (O1 Wen-f- 414 -he (0Th P. M . ) CoL o4 fetid .yid oc coLmradlc ' (t) Rey.6196 It your State requires 8'/e x 11'forms,cut off the bottom of this page at the dotted ine. 4p m.92 oe-Z m aedme m this m.ed use ell la w erase one was Mae my rosemary m wwy )fl v.am►r "'�jjj ememm CerY s lawyer if rat MS be fan',emu ter you wpm.ad era a-2 tq l Wm and h Miler mei m 0 92 r rerrammeae a w*,mr).ef,m a Implied.with eapea w the meamr.lawy a W.form fie re lmd.m or prom I"BIM II Iiiiiiiiitiiiit III 11111 IIIill • 2739969 08/28/2000 03:NP JA Suld Tsukamoto \ 2 of 2 R 10.00 D 0.00 Weld County Co rr''11 IN WITNESS WHEREOF,The said first party has signed and scaled these presents the day and year first above I) written.Signed, ealed and delivered in presence of: anan Signature of Witness Si ure aPF,.,,//id�Printt name of i zz Print name IoffFirst Party ^A ' ^� l� �' 4 i �L1 rs �oiX r hire o Witness Sign ire of First /petrel l I C1°5 Ma 4_560 97 IY rr'i6o Print name of Witness Print name of First Party • State of Cf 1Ck 40 1 County of LAEIO On I{U 4""c ,,,i)CCX) before roc. ,. ', personally known to me(or proved to me on the basis of satisfactory evidence)to be the person(s)whpsHme(sy is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s)on the instrument the person(s),or the entity upon behalf of which the person(s)acted,executed the instrument. WITNESS my hand and official seal. Signature of Notary Affiant_Known Produeed II) Type of ID (��II!�a (gam) State of WIVIn�' Cotmty of t1�" On A ...raft .DC0 C) before me, appe personally known to me(or proved to me on the basis of satisfactory evidence)to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),and that by his/her/their signature(s)on the instrument the person(s),or the entity upon behalf of which the person(s)acted,executed the instrument. WITNESS my hand and official seal. Signature of Notary Affiant_ICrown__Produced ID Type of ID (Seal) Signature of Preparer Print Name of Preparer Address of Preparer (2) If your state rewires e'10 x 11•forms,cut on the bottom of this page at the dotted Ste. it 'ge1. 11111111111111111111 1111111111111 III 1111111111111 m 2x6202 0002/2002 OOP JA Suld THukamoto 202 1 of 2 R 10.00 D 0.00 Weld County CO I ; i WARRANTY DEED r I This DEED,Made this 3rd day of February • t , XM2002benmen4 Mark S. Morrison and Marsha J. Morrison iof the N/A 'County of Weld and ' t ' .State of Colorado.grantor.and i,l al John E. Underhill and q Laura L. Underhill whose legal sdtreu u 1 8206 Weld County Rd.8, Brighton nd Stale of Colorado.grantees.of me N/A County u Weld WITNESS.that the grantor.for and in consideration of Mc sum•a Ten and 00/100 Will ARS. the receipt and sufficiency of which is hereby acknowledged,ha,eramed barga+mdt sold and convcseni.and by the•c presents den I_ pgrant.hargam.sell,convoy and confirm unto the stance, tMv heir•:redesacce Ii'ncr.not in lcnaney m •n PIN to common but Iur„v, - J all the real property together with improvements. any suaate.lying and hang in the N/A ouoiy of 0 d' Weld and State of Colorado.described a follows' d SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF ••• llIl II also known by street and number as VACANT LAND, BRIGHTON, COLORADO 80601 TOGETHER with all and singular the hereditaments sad appurtenances Thereunto belungir.g.or in a•ywisc appertaining an:thr reversion and reversions,remainder and remainders.RMS.iss•,es and punts thereof,and all the eswe.right.rite,interest,claim sad demand whatsoever of the grantor,either in law or equity,of.in and its the shove bargained premises. with the h<mdtiintents and ' nppurtenances 11 1 TO HAVE AND TO HOLD the said premise,atuve bargained and iie'utled.with the appurtenances.unto Ow grantees.their hobs : and astigna forever And the grantor.for himself,his beds and personal representatives.does covenant,grant.Pergain anti ague in and with the grantees.Neu heirs and assigns.that at the unit of the notating and delivery of these presents.he is well seized of'be premises 9i] • above t nrneed.has good.sure,perfect,aMMlne and imki.acihle cute of Inhentann.in law,in N.simple,and has good right,full pcswcr and Wet al authority to pant,bargain,sell and counwy the same it manner and hum noresaal.and that the same are free snicker From all onne'and other grants.bargains.sates,liens.taxes.mnessnwnts.encumbrances and restriction of whatever Lind or nature . soewer.eacepI general taxes for 2001 and subsequent years, except ease— ments, restrictions, covenants, conditions, reservations and rights of way of record, if any; The grantor shall and will WARRANT AND FOREVER ISEFEND the above-bargained genuses in the quiet and pewcable possession of the grantees, tbeif heirs and assigns.again"all as every person or persons lawfully claiming the wink,w any part 1 *mot. The singular number shell include the plural,the plural the singular.and lb.-use of any gender shall be afplicahl:to sit gee Ors. I. IN WITNESS WHEREOF the grantor has esrc used this„e't.;n h dale set ffyor..h shove. !, Mark S. Morrison • Marsha J. Morrison STATE OF COLMAN) ss• . 1 County of I r /- '.I G/ � day of ,2 ko%G,Gi/ .f Zl�. The foregoing instrument was acknowledged Wore she this - . "Mark S. Morrison and • Marsha J. Morrison witness my band ardnrer•.t sees I!. My Comm tot expect V _ ryL..._,... - /MYIn aY\1�TA•RY:... elf k Denver.insert-City ant:' - aV Ne.111A.M.346.w,voANry D€HO Mast rein ..tit wears,a•-r,.err acme-.w>�sv:src- •>aa t:,• .;.:,;) WJbdPyalnn.. p •........ D • • 1III 11111 111111111111 III/IH11111111 III 1111111111111 2932202 0//02/2002 02:OOP Ja Sind Tsulmmoto • 2 of 2 R 10.00 D0.80 Weld County CO ESCROW NO.: 80473468 DATE October 18 1999 "EXHIBIT A^ LEGAL DESCRIPTION PARCEL 1: The SE1/4 of the NE1/4 of Section 17, Township 1 North, Range 67 West of the 6th P.M. , County of Weld, State of Colorado. ►►► Reserving unto Grantor an unrestricted 30 foot right-of-way for ingress and egress easement on the Bast boundary of the SW 1/4 of the NE 1/4 running North and South at the existing hard surface road and runs continuous from County Road 10 South to the Southerly boundary right- of-way which is a 60 foot in width starting 8 feet North of irrigation ditch and current road; following the road circling Southeast to County Road 17 and circling Northwest following Main Supply Ditch to floodgate 38. Grantor grants unto Grantee the use of the 60 foot right-of-way from floodgate 38 and Bull Ditch to run his irrigation water and Southeast for access to County Road 17 on hard surface road already in place. Reserving unto Grantor an unrestricted 30 foot right-of-way for ingress and egress easement oh the West boundary of the SE 1/4 of the NE 1/4 running North and South from County Road 10 South to 60 foot in width right-of-way at irrigit'ion ditch and road circling Southeast to intersection of County Read 17 and Southwest to Bull Ditch at Headgate 38. • Grantor grants unto Grantee the use of this irrigation ditch and Headgate at any time it is not currently in use. Irrigation ditches currently in place will be Jointly owned and maintained and ._ used by the Grantor and Grantee. • :n1'•rt • I II'I INI ,Due to tai ay's scanning technology, I„1111 011101111111"I II'0'I p gI 11 Certain colored inks do not reproduce 3068206 0/108 2003 12:00P Wald county,co 1 0l 1 a 6.00 0 46.00 Mere hares)Clerk A Records' 4 ' WARRANTY DEED y5-.L° THIS DEED, Made this 3rd, day of April, 2003 tetween John E. Underhill and Laura Underhill of the County of Weld and State of Colorado, grantor, and Tamijo, LLC A Colorado Limited Liability Company whose legal address is I4Vxe79 C.Oetir VE , nil 4�ra. di g ✓cz17 of the County of Weld and State of Colorado, grantees: R WITNESSETH, That the grantor for and in consideration of the sum of POUR HUNDRED FIFTY THOUSAND AND 00/100, ($450,000.00) Dollars:, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm unto the grantee, his heirs and assigns forever, all the real property, together with improvements, if any, situate,lying and being in the County of Weld end State of Colorado, described as follows: Southeast 1/4 of the Northeast 1/4 of Section 17, Township 1 North, Range 67 West of the 6th P.M. County of Weld, State of Colorado. also known by street and number as Vacant Land, Brighton, Colorado 80603 TOGETHER with all and singular the hereditament° and appurtenances thereto belonging, or in anywise appertaining and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the grantor, either in law or equity, of in and to the above bargained premises, with the hureditaments and appurtenances. TO HAVE AND To HOLD the said premises above bargained and described, with the appurtenances, unto the grantee, his heirs and assigns forever. And the grantor, for himself, his hairs and personal representatives. does covenant, grant, bargain, and agree to and with the grantee, his heirs and assigns, that at the time of the ensealing and delivery of these presents, he is well seised of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full poser and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, , encumbrances and restrictions of w:iatever kind or nature soever, except general taxes for 2003 and subsequent years; except easements, restrictions, covenants, conditions, reservations and rights of way of record, if any; The grantor shall and will WARRANT AND FOREVER DEPEND the above-bargained premises in the quiet yyand peaceable possession off the grantee, his heirs and assigns. against all singulard enumbererson or shall includens thaplural,cthe plural the the singular, andtthe thereof. ofThe any gender shall be applicable to all genders. IN WITNESS WHEREOF the grantor has executed this eed000n the date set for above. (John E. Underhill /J d (-A.' Qi/C-f.( 21n d A N.P../.6 Laura Underhill STATE OF COLORADO I I ss. The foregoing instrument was acknowledged before County of Weld I me this 3rd, day of April, 2003 by John E. Underhill andd — NOTARY PUBLIC La ,.Underhill STACIA A.TUTTY 1 Witness my hand and official seal, f A My cones si n expires November 30, 2005 ST!1TEOFCOLOFADO^ Idy Com-,-'ion_y.res .-7&49 NOTARY PUBLIC 15 South 4th Avenue No. 932A. Rev. 7-84 Brigl.tOn, COLORADO 80601 Weld - 3050209-2003 (Doc Page 1) r c ' :° t pe Olio rcF gg° lEia i�a .i • al !1l3: VI' j e, UsR: £• Y p el !e !II , - I s.i i it MI N 1.9 a! F i[ �l�:Own e N ;� 4 E i s MI ar I9!"? 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I kr* C), 0 IP 433 I IIIIN IIIII IIIII EMI MINI 11111111111111111111111III 3362433 02113/2006 10:41A Weld County,CO 1 of 2 R 11.00 0 0.00 Steve Moreno Cleric&Recorder After Recording Return to Tamijo,LLC,a Colorado Limited Liability Company 3879 East 120th Avenue#330 Thornton,CO 80233 SPECIAL WARRANTY DEED This Deed,made December 21,2005 Between Tamijo,LLC,a Colorado Limited Liability Company,of the County Weld,State of COLORADO, grantor(s)and Bing Sellers, a Tenant in Severalty,whose legal address is 3879 East 120th Avenue 4330, Thornton,CO 80233 County of Weld,and State of COLORADO,grantee(s) WITNESSETH, That the grantor(s), for and in the consideration of the sum of TEN AND 00/100 DOLLARS Dollars ($10.00 )the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the grantee(s),his heirs and assigns forever,all the real property together with improvements,if any,situate,lying and being in the County of Weld,State of COLORADO described as follows: Sec Attached Exhibit A also known by street and number as 3653 County Road 17,Brighton,CO 80603 TOGETHER with all and singular herediamenrs and appurtenances,thereunto belonging,or in anywise appertaining,and the reversion and reversions,remainder and remainders,rents issues and profits thereof,and all the estate,right,title,interest,claim and demand whatsoever of the grantor,either in law or equity,of,in and to the above bargained premises,with the herediaments and appurtenances. TO HAVE AND TO HOLD said premises above bargained and described, with the appurtenances, unto the grantee, their heirs and assigns forever. The grantor(s), for themselves, their heirs and personal representatives or successors, does covenant and agree that they shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable possession of the grantee(s),their heirs and assigns,against all and every person or persons claiming the whole or any part thereof,by,through or under the grantor(s). The singular number shall include the plural,the plural the singular,and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF,the grantor has executed this on the date set forth above. Tamijo,LLC,a Colorado Limited Liability Company By: Bin Hers,Member STATE OF COLORADO )ss: COUNTY OF ADAMS The foregoing instrument was acknowledged before me December 21,2005 by Bing Sellers as Member of the Tamijo,LLC,a Colorado Limited Liability Company. Witness my hand and official seal. a 4 .na.dLac_ _=St,M E•.Woo Notary Public --�J•' p , My Commission expires: April 27, 2007 aFOTANY es:. PI/e00 Mf ccon ni m E4 i et 427I/O W ESCROW NO.Sta.Ha09a0a1021-LAB • WDSpecial Weld - 3362433-2006 (Doc Page 1) 1 11111 11111 III 111111 111111 III 1111111 1111111 3362433 02/13/2006 10:41A Weld County, CO 2 of 2 R 11.00 D 0.00 Steve Moreno Clerk& Recorder Exhibit B Subdivision Exemption No. 1052,recorded December 6,2005 at Reception No.3345127,being more particularly described as follows: A parcel of land located in the Southeast'/.of the Northeast'/.of Section 17,Township I North,Range 67 West of the Sixth Principal Meridian,County of Weld,State of Colorado,being more particularly described as: Beginning at the Northwest corner of said Southeast ''/.of the Northeast '/.of Section 17; Thence South 00°10'22"West on an assumed bearing along the Westerly line of said Southeast %of the Northeast V.of Section 17 a distance of 370.01 feet; Thence South 89°26'23"East parallel with the Northerly line of said Southeast '/.of the Northeast V.of Section 17 a distance of 30.00 feet to the True Point of Beginning; Thence continuing South 89°26'23"East parallel with said Northerly line of the Southeast'/.of the Northeast VI of Section 17 a distance of 363.15 feet; Thence South 00°10'22"West parallel with said Westerly line of the Southeast '/.of the Northeast'/.of Section 17 a distance of 300.00 feet; Thence North 89°26'23" West parallel with said Northerly line of the Southeast''/.of the Northeast '/.of Section 17 a distance of 363.15 feet; Thence North 00°10'22"East parallel with said Westerly line of the Southeast '%of the Northeast %of Section 17 a distance of 300.00 feet to the True Point of Beginning, County of Weld,State of Colorado. • Weld - 3362433-2006 (Doc Page 2) eRecorded in county, CO Doc Id: 3606652 02/23/2009 08:21 A Receipt#: 7399623 Page: 1 of 2 Total Fee: $38.70 Steve Moreno, Clerk and Recorder Wham E.Schwartz SPECIAL WARRANTY DEED THIS DEED,M ads on February 17,2009 between Mid American Credit Union �)) of the County of Seda�nuk t`,S tale of w7rllWS ,g rantor(s),and Wiliam E.Schwartz and Cindy LS chwartz whose legal address is 7800 WCR 10 Fort Lupton,C O 80621 of the County of Weld,State of Colorado,grantee(s): W ITNESSETH,T haft he grantor(s)for and in consideration of the sin of TWo Hundred Seventy Seven Thousand and 00/100 DOLLARS($277,000.00),t he receipt and sufficiency of which are hereby adcnowledged,h ave granted, barganed,s old and conveyed,a nd by these presents do m ant,b argain,sego orwey and confim,u nto the grantee(s),AS JOINT TENANTS,t Mk heirs and assigns forever,all the real property,together with improvements,If any,situate,lying and being it the County of Weld State of Cobrado,d ascribed as follows: SEE EXHIBIT A ATTACHED HERETO also known by street and number as: 7606 WCR 10,F ortL upton.CO 80621 TOGETHER with all and singular the hereditaments and appurtenances thereto bebngig,o r in anywise appertaining,and the reversion and reversions,r emaider and remainders,rerts,i ssues and profits thereof,a nd al the estate,rigtet kle,i rterest,c lain and demand whatsoever of the grantor(s),either in law or equky,o f,In and to the above bargained premises,with the heredkamerts and appurtenances; TO HAVE AND TO HOLD the said premises above bargained and deserted with the appurtenances,unto the graMee(s),t het heirs and assigns forever. And the grantor(s)/or themselves,their hobs and personal representatives or sucoessors,d o covenant and agree than hey shall and wit WARRANT AND FOREVER DEFEND the above bargained premises In the quiets nd peaceable possession of the grantee(s),their heirs and assigns,agaitsta 1 and every person or person claiming the whole or any part thereof,by,through or under the grantors)except for general taxes and assessments for the year 2009 and subsequent years;and subject to easements, covenants,reservations,restrictions and rights of way of record. Wherever used herein,the plural references shal be construed to be singular references and singular references shal be construed to be plural references where the context requires and al references of gender and person shall be construed to refer to the grantor or grantors identified herein regardless of the context. IN WITNESS WHEREOF,t he grantor(s)have executed this deed on date set forth above. Mid Ameri Cr t Ulf Brads J. erzet s sident of Lending STATE OF ir YJj COUNTY OF 5� /ee 085. {may �!y The foregoing Inst,umenlw as acknowledged before me this �0-� day off c- ,/ L 0ei by Bradley J.Herzet as Vine-Presktento f - ' ng for Md American Credk Union. / . . .. .... .. JAR0DAPPi3WINS N0TARYPIKIC Witness my s, •and eat isSL BgtTlor.•-• • _ Flo,Dom a,n / 0, MyAPPL�• 33700.09-02246 GRS a is Name and Address of Person C ' t Newt'Created Legal Description(38-35-106.5,C.R.S.) eRecorded in ounty, CO Doc Id: 3606652 02/23/2009 08: A Receipt#: 7399623 Page: 2 of 2 Total Fee: $38.70 Steve Moreno, Clerk and Recorder EXHIBIT"A" All of Subdivision Exemption No. 825, more particularly described as follows: That part of the Southwest 1/4 of the Northeast 1/4 of Section 17,Township 1 North, Range 67 West of the 6th P.M.,County of Weld, State of Colorado,being more particularly described as follows: Beginning at the Northeast corner of said Southwest 1/4 of the Northeast 1/4 of said Section 17;thence South 00°10'22"West on an assumed bearing along the Easterly line of said Southwest 1/4 of the Northeast 1/4 of Section 17 a distance of 467.00 feet;thence North 89°26'23"West parallel with the Northerly line of said Southwest 1/4 of the Northeast 1/4 of Section 17 a distance of 467.00 feet;thence North 00° 10'22"East parallel with said Easterly line of the Southwest 1/4 of the Northeast 1/4 of Section 17 a distance of 467.00 feet to said Northerly line of the Southwest 1/4 Northeast 1/4 of Section 17; thence South 89°26'23"East along said Northerly line of the Southwest 1/4 Northeast 1/4 of Section 17 a distance of 467.00 feet to the Point of Beginning, Together with a 30.00 foot wide easement for ingress and egress across a portion of the Northwest 1/4 of the Northeast 1/4 of Section 17,Township 1 North,Range 67 West of the 6th P.M.,County of Weld, State of Colorado,more particularly described as follows: Considering the Northerly line of the Northeast 1/4 of Section 17,Township 1 North, Range 67 West of the 6th P.M.,as monumented by a 3/4"diameter rebar with a 2 1/2"diameter aluminum cap, P.L.S. 13482 at the North 1/4 corner and by a 3/4"diameter rebar with a 3 1/4"diameter aluminum cap P.L.S. 10855 at the Northeast corner of said Section 17,to bear an assumed bearing of South 89°21'38"East with all bearings contained herein relative thereto;beginning at the North 114 corner of said Section 17; thence along the Northerly line of said Northeast 1/4 of Section 17 South 89°21'38"East,a distance of 1,234.85 feet to the True Point of Beginning;thence South 02°24'42"East,a distance of 662.08 feet; thence South 02°28'03"East, a distance of 662.07 feet thence South 89°26'23"East,a distance of 30.04 feet;thence North 02°28'03"West,a distance of 663.64 feet;thence North 02°24'42"West,a distance of 660.47 feet;thence North 89°21'38"West, a distance of 30.04 feet more or less to the True Point of Beginning,excepting therefrom any portion thereof which is not located within the Northwest 1/4 of the Northeast 1/4 of said Section 17. eRecorded in Weld ,CO Doc Id:3588355 11/06/2008 11:13 A Receipt#:7385316 Page: 1 of 9 Total Fee:$46.00 Steve Moreno, Clerk and Recorder PUBLIC TRUSTEE'S CERTIFICATE OF PURCHASE Foreclosure Number:08-0716 1,the undersigned Public Trustee,certify that pursuant to the power and authority vested in me by law and by the Deed of Trust described as follows: MARK S.MORRISON Onginal Grantor(s) MID AMERICAN CREDIT UNION Original Beneficiary MID AMERICAN CREDIT UNION Current Holder of Evidence of Debt December 11,2006 Date of Deed of Trust Weld County of Recording January 15,2007 Recording Date of Deed of Trust: 3448109 Reception No.and/or Book No.and Page No. $332,213.18 Original Principal Amount of Evidence of Debt AND,upon the Notice of Election and Demand being filed with me and recorded in said County as follows: March 20,2008 Recording Date of Notice of Election and Demand 3542705 Recording Reception No. Pursuant to§38-38-103,I first mailed a Combined Notice of Sale and Right to Cure and Redeem to the original grantor(s)of said Deed of Trust,and to any persons required to be notified by C.R.S. §38-38-103,§38-38-104, §38-38-302,and §38-38-305.I further published the Combined Notice of Sale and Right to Cure and Redeem in a newspaper of general circulation in said Weld County as prescribed by law. AND,on November 05,2008 at 10:00 AM,at 809 9th Street,Suite 1,Greeley,Co,80631,I exposed to public sale the property situate in the aforesaid Weld County,State of Colorado,described as follows: SEE EXHIBIT"A"ATTACHED AND INCORPORATED BY REFERENCE Also known by street and number as: 7606 WELD COUNTY RD 10, FT.LUPTON,CO 80233 At said sale,MID AMERICAN CREDIT UNION,whose legal address is 8404 W.Kellogg Drive,Wichita,KS 67209,bid the sum of$230,000.00 for said property. A deficiency under the evidence of debt in the amount of $144,049.06 dollars resulted from the successful bid at the sale. Being the highest and best bid received therefor,the said property was struck off and sold to said Purchaser.Unless a redemption is made,the said Purchaser or assignee of the Certificate of Purchase shall be entitled to a confirmation deed for said property at the end of all redemption periods allowed by law to all subsequent lienors,and other persons entitled to redeem. The following documents are attached hereto and made a part of this Certificate of Purchase:A copy of the executed Order Authorizing Sale and a copy of all mailing lists submitted to the Public Trustee bearing the Public Trustee's Sale Number. Executed on November 05,2008 Public Trustee of Weld County,Slate of Colorado FW • .......... ... By:Ana Blanco,Deputy for Public Trustee Susie Velesvu ez Public Trustee Attorney File Number:0 When Recorded Return to:Weld County Public Trustee eRecorded in county, CO Doc Id: 3588355 11/06/2008 11:13 A Receipt#: 7385316 Page: 2 of 9 Total Fee: $46.00 Steve Moreno, Clerk and Recorder That part of the Southwest 1/4 of the Northeast 1/4 of Section 17,Township 1 North, Range 67 West of the 6th P.M.,County of Weld, State of Colorado, being more particularly described as follows: Beginning at the Northeast corner of said Southwest 1/4 of the Northeast 1/4 of said Section 17; thence South 00° 10' 22"West on an assumed bearing along the Easterly line of said Southwest 1/4 of the Northeast 1/4 of Section 17 a distance of 467.00 feet;thence North 89°26'23"West parallel with the Northerly line of said Southwest 1/4 of the Northeast 1/4 of Section 17 a distance of 467.00 feet;thence North 00°10' 22" East parallel with said Easterly line of the Southwest 1/4 of the Northeast 1/4 of Section 17 a distance of 467.00 feet to said Northerly line of the Southwest 1/4 Northeast 1/4 of Section 17;thence South 89° 26'23" East along said Northerly line of the Southwest 1/4 Northeast 1/4 of Section 17 a distance of 467,00 feet to the Point of Beginning, reserving the Easterly 30.0 feet thereof for a non-exclusive access and utility easement together with a 30.00 foot wide easement for ingress and egress across a portion of the Northwest 1/4 of the Northeast 1/4 of Section 17,Township 1 North, Range 67 West of the 6th P.M., County of Weld, State of Colorado, more particularly described as follows: Considering the Northerly line of the Northeast 1/4 of Section 17,Township 1 North, Range 67 West of the 6th P.M.,as monumented by a 3/4"diameter rebar with a 2 1/2"diameter aluminum cap, P.L.S. 13482 at the North 1/4 corner and by a 3/4"diameter rebar with a 3 1/4"diameter aluminum cap P.L.S. 10855 at the Northeast corner of said Section 17,to bear an assumed bearing of South 89°21' 38" East with all bearings contained herein relative thereto; beginning at the North 1/4 corner of said Section 17; thence along the Northerly line of said Northeast 1/4 of Section 17 South 89° 21'38" East,a distance of 1,234.85 feet to the True Point of Beginning;thence South 02°24' 42" East, a distance of 662.08 feet; thence South 02° 28'03" East,a distance of 662,07 feet;thence South 89° 26' 23" East,a distance of 30.04 feet;thence North 02° 28'03"West,a distance of 663.64 feet; thence North 02° 24'42"West,a distance of 660.47 feet; thence North 89°21' 38"West,a distance of 30.04 feet more or less to the True Point of Beginning,excepting therefrom any portion thereof which is not located within the Northwest 1/4 of the Northeast 1/4 of said Section 17. together with all the improvements now or hereafter erected on the property,and all easements, appurtenances,and fixtures now or hereafter a part of the property,together with all replacements and additions thereto. Ili eRecorded in#ounty, CO Doc Id: 3588355 11/06/2008 11:13 A Receipt#: 7385316 Page: 3 of 9 Total Fee: $46.00 Steve Moreno, Clerk and Recorder 4°cr":'>, GRANTED - Th4w, party Is booby ORM = to prwldo a gory attar Order b soy pro seprtis who rnaenteral sn f� , GeJI, apparels r fhb star wlgla 10 days , l f h V'. t4fAd,+• frost die pato ofgr order. RD__ �: .•,,• Di*lct court fudge Do DADAISfmr OFORDSR ON AITACN• r `J 1 l(� Mtn[Somme-Dixtriet flirt District Court,Weld County, Colorado 21ekertne CO Weld Coady Media Coact r01h a • Court Address: 901 9th Avenue, Greeley,CO 80831 ribilis4it:y oth 2 t0:21AM MD" Applicant MID AMERICAN CREDIT UNION Grantor. MARKS. MORRISON IN THE MATTER OF THE APPLICATION OF MID AMERICAN CREDIT UNION FOR AN ORDER AUTHORIZING THE PUBLIC a, cairn use ONLY TRUSTEE OF THE COUNTY QF WELD, STATE OF COLORADO TO SELL CERTAIN REAL PROPERTY UNDER A POWER OF SALE CONTAINED IN A DEED Case No. OF TRUST. , Attorney for Applicant Tuck Young Div. Kettelkamp Young &ICettelkamp, P.C. 201 West e Street, Suite 640 Pueblo, CO 81003 Phone Number. (719) 543-4321, E-mail: FAX Number: (719) 546-0936 My, Reg.002190 ORDER AUTHORIZING SALE THIS MATTER is before this Court upon the Motion for Order Authorizing Sale by Public Trustee by the Applicant,`Mid American Credit Union, for an Order authorizing the Public Trustee to sell certain real property under a power of sale contained within a Deed of Trust The COURT FINDS: 1. The Applicant.is the owner and the holder of a Note dated December 11, 2008 In the original principal sum of$332,213.18 signed by Mark S. Morrison. Z. ,The Note is secured by a Deed of Trust dated December 11, 2008 and recorded on January 15, 2007 under Reception No. 3448109 of the records of the Clerk and Recorder for the County of Weld, Colorado. Mark S. Morrison Is the Grantor of said Deed of Trust eRecorded ink ' ounty, CO Doc Id: 3588355 11/06/200811:1 A Receipt#: 7385316 Page: 4 of 9 Total Fee: $46.00 Steve Moreno, Clerk and Recorder • 3. The real property to be sold Is situate in the County of Weld, Colorado and Is described as follows: SEE EXHIBIT'A'ATTACHED AND INCORPORATED BY REFERENCE The real property is also known by number and street as 7605 Weld County Rd 10, Ft Lupton, CO 80233. 4. The allegations hi;the Motion for Order Authorizing Sale are true, the provisions of C,R.C.P. 120 were fully compiled with, no Response was timely flied with the Court pursuant to C.R.C.P. 120, the Order Authorizing Sale is proper under the Service Member CMI Relief Act (SCRA) 50 U.S.C. §520, as amended, and the C,R.C.P, 120 hearing was scheduled the 30°day of April, 2008. 5. Venue is proper in Weld County, Colorado, and the Motion for Order Authorizing Sale should be granted. IT IS ORDERED that a sale is authorized by this Court of the real property described in Exhibit `A' attached to this Order by the Public Trustee for the County of Weld, Colorado, under a power of sale, pursuant to statute and to the provisions of the above Deed of Trust IT IS FURTHER ORDERED that a return of sale be made to this Court for its approval • . Dated this •day of , 2008. • BY THE COURT: District Court Judge • Public Trustees Sale No. 08-0716 Name of Grantor as filed In PT's office: Mark S.Morrison Date of Rule 120 hearing: April 30,2008 eRecorded in ounty, CO Doc Id: 3588355 11/06/2008 11:1 A Receipt#: 7385316 Page: 5 of 9 Total Fee: $46.00 Steve Moreno, Clerk and Recorder .FT.i Tie■ices Pony S booby ORDERED a'.'. • GRANTED "�,, to provide■spy artw order to■■y pre C' ptplinea Y Ildsewe ■urd . 10 R D`t7rTC •' . I, from the d■u ef lbs under. ertlei ° 1 District Coat Judge DATE OF ORDER ON ATTACHMENT Rrtl.6D De°"r"ee1-Dl"trrrt Court *tee 'That part of the Southwest 1/4 of the Northeast 1/4 of E0031011 17,ToWW inaltdburt 19th ID 67 West of the 6th P.M.,County of Weld,State of Colorado,helng mate m: • mothmAm MDT 67 l Pet: ' Beginning at the Northeast comer of said Salvino*1/4 of the Northeast 1/4 of said Section 17;thence South 00° 10'22" West on an assumed heeling along the Easterly line of said Southwest 1/4 of the Northeast 1/4 of Section 17 a distance of 467.00 treat;thence North 89* 26'23"West parallel with the No y Dna of said Southwest 1/4 of the Northeast 1/4 of Section 17 a dlstanon of 467.00 f�ttierloe North o0°10'22" Fast parallel with said Easterly • fine of the Southwest 1/4 of the Northeast 1/4 of Section 17 a distance Of 457.00 feet to saki • Northerly line of the East along.said Northerly line of the 1/4 Northeallortheast 1/4 of Sectionst 114 Section 17 a distance of 467.00 feet to the Point of Beginning, reserving the Easterly 30.0 feet thereof for a non eadusiwe access and utility easement • together writhe 30.00 foot wide easement for Ingress and egress across a portion of the Northwest 1/4 of the Northeast 1/4 of Section 17,Township 1 North,Range 67 West of the 6th P.M.,County bf Weld,Sate of Colorado,more particularly described us follows: Considering the Northerly Ilse of the Northeast 1/4 of Section 17,Township 1 North, Range 67 West of the 6th P.M.,as manures-dad byi W4"diameter mbar with a 21/2" diameter aluminum cep,PAS. 13482 at the North 1/4 comer and by a 3/4"Warmer mbar with a 3 1/4"diameter aluminum cap,P.LS. 1065$at the Northeast comer of said Son 17,to bear an assumed bearing of South 89"21' 30"Ent with all bearings contained herein relative thereto; beginning at the North 1/4 eon ese said Section 17;thence along the Northerly rite of said Norther 1/4 of Section 17 South 891'21'38"ant,a dletnte of 1,234,85 feet to the flue Point of Beginning;thence South 02"24'at Eat a dlshance of 662.08 feat thence South o2°28'03" tame distance of 662.07 feet thence South 69°26' 23"East,a distance of 30,04 feat;t enoa North or 29'O3"West,a distance of 663.64 feet;thence North 02° 24' • 42"Wert,a dbtance of 660.47 feet; thence North Mr 21'38"West,a distance of 30.04 feet mutt or lees to the True Point of Beginning,eicepung therefrom any portion thereof which Is • not located within the Northwest 1/4 of the Northeast 1/4 of said Section 17. , • together with'all the iapreveneats now or'hereafter erected on the property, . u and all aeaeate„ ap ear ,and fixtures 'now or hereafter a part of, the property,'together with aall�rap3aceoente and additions thereto. • • . • • • • • • • • • • ,NZEIBIT "A" • eRecorded in ounty, CO Doc Id: 3588355 11/06/2008 11: 3 A Receipt#: 7385316 Page: 6 of 9 Total Fee: $46.00 Steve Moreno, Clerk and Recorder Courts CO Weld County District Coot 19th 3D Judp: Roger A Klein ... Pile&Servo Transaction ID: 19232299 . Cue Number. 2008ov1876 Cue Name•. MID AMERICAN CREDIT UNION V.MARK S.MORRISON Court Author : Roger A Klein Court Authorizer Comments: Dated 050608 entered mom pro tone 043008 id Judge Raper A Kteta lip eRecorded in#County, CO Doc Id: 3588355 11/06/2008 11:13 A Receipt#: 7385316 Page: 7 of 9 Total Fee: $46.00 Steve Moreno, Clerk and Recorder INITIAL MAILING LIST FOR COMBINED NOTICE PUBLIC TRUSTEE SALE NO. 08-0716 Mark S.Morrison 7606 Weld County Rd 10 Ft.Lupton,CO 80621 Occupant 7606 Weld County Rd 10 Ft.Lupton,CO 80621 Susie Velasquez Weld County Public Trustee 809 9th Street, Suite 1 Greeley, CO 80631 Tuck Young Kettelkamp,Young&Kettelkamp,P.C. 201 West 8th Street, Suite 540 Pueblo, CO 81003 Mid American Credit Union 8404 W.Kellogg Drive Wichita, KS 67209 eRecorded in ounty, CO Doc Id: 3588355 11/06/2008 11: A Receipt#: 7385316 Page: 8 of 9 Total Fee: $46.00 Steve Moreno, Clerk and Recorder SECOND MAILING LIST FOR COMBINED NOTICE PUBLIC TRUSTEE SALE NO. 08-0716 Mark S.Morrison 7606 Weld County Rd 10 Ft.Lupton,CO 80621 Occupant 7606 Weld County Rd 10 Ft.Lupton,CO 80621 Susie Velasquez Weld County Public Trustee 809 9m Street, Suite 1 Greeley,CO 80631 Tuck Young Kettellramp,Young&Kettelkamp,P.C. 201 West 8t°Street, Suite 540 Pueblo,CO 81003 Mid American Credit Union 8404 W.Kellogg Drive Wichita,KS 67209 Hurricane Trucking Express Inc. c/o Girsh and Rottman,P.C. Attorneys at Law 1331 17t° Street, Suite 510 Denver,CO 80202 Girsh and Rottman,P.C. Attorneys at Law 1331 17th Street,Suite 510 Denver,CO 80202 Mark Morrison dba Morrison Trucking 7606 Weld County Rd 10 Ft.Lupton,CO 80621 101 eRecorded in ounty, CO Doc Id: 3588355 11/06/2008 11: A Receipt#: 7385316 Page: 9 of 9 Total Fee: $46.00 Steve Moreno, Clerk and Recorder Mark Morrison dba Morrison Trucking c/o Donald E.Janldow Attorney at Law 710 11th Avenue, Suite 205 Greeley,CO 80631 Donald E.Janldow Attom7 at Law 710 11 Avenue,Suite 205 Greeley,CO 80631 Collection Company of America P.O.Box 372480 Denver,CO 80237 Jan Westman Attorney at Law 2870 N. Speer Boulevard,#105 Denver,CO 80211 Bing Sellers 3653 Weld Cty Rd 17 Brighton,CO 80603 Lisa C.Secor Secor Law,P.C. 6204 E. Co.Rd. 60 Fort Collins,CO 80524 Ann M. laPlante 710 11th Avenue, Suite E306 Greeley,CO 80631 2 6 xi d cs§s° `n* 10° .......,...._....... 51 H a 9 U. 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's1� / 6 �`9eFFF g yyepY°91q o Ip� .. :F O lead F!l!I.rleXFel ia4F,.� .. , 19>__ Piro? a @Foi7 n tl. nii,:`o —V-II t 'm V1 5p9PFF F 5°'iFg" 9ccen--..cn.00s 1 ^ ?[Ii;yS IF '9aI$G` a l7 ` • x-�w-- n.9os m` 99 i.9--..ic.u.9os n i.lY .;.� Y: !s9!., . wv, m t�o ¢ a u eo i • . `r! a Q as gi ;mI b o het 04.^ - 1 N m % Q N lit85F v §B 6[F o o By ;7 R mU .- h__ rill c^ 'tlMi! b ti J II it t{ g99. OF� - / p i9 pFiF p :aI — a >U G9e'] 'n, val AA ',I Ai "� fR9Fa GI xe in F` hi c 9 a i.r\ j m ---__ _ _,;:_j_ in 901 3�•. I I Alliel '/ I@ isB a # • • Form No. OFFICE OF THEPATE ENGINEER 411 GWS-25', COLORADO DIVISION OF WATER RESOURCES 818 Centennial Bldg.,1313 Sherman St,Denver,Colorado 80203 (303)866-3581 LIC WELL PERMIT NUMBER 250881 • DIV. 1 WD2 DES. BASIN MD APPLICANT APPROVED WELL LOCATION ADAMS COUNTY SE 114 NE 1/4 Section 17 HIS KINGDOM BUILDERS INC Township 1 N Range 67 W Sixth P.M. 3879 E 120TH AVE#330 DISTANCES FROM SECTION LINES THORNTON,CO 80233- 2119 Ft.from North Section Line 942 Ft.from East Section Line (303)254-9486 UTM COORDINATES PERMIT TO CONSTRUCT A WELL Northing: Easting: ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDITIONS OF APPROVAL 1) This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of this permit does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. 2) The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2,unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in accordance with Rule 18. 3) Approved pursuant to CRS 37-92-602(3)(b)(Il)(A)as the only well on a tract of land of 40.00 acre(s)described as that portion of the SE 114 of the NE 1/4,Sec. 17,Twp. 1 N,Rng.67 W,Sixth P.M.,Adams County,more particularly described on the attached exhibit A. 4) The use of ground water from this well is limited to fire protection,ordinary household purposes inside not more than three(3)single family dwellings,the watering of poultry,domestic animals and livestock on a farm or ranch and the irrigation of not more than one(1)acre of home gardens and lawns. 5) The total depth of the well shall not exceed 800 feet,which corresponds to the base of the Laramie Fox Hills aquifer. At a minimum,plain casing shall be installed and grouted through all unconsolidated materials and shall extend a minimum of ten feet into the bedrock formation to prevent production from other zones. 6) The depth to the top of the Laramie-Fox Hills aquifer is approximate. To ensure the exclusion of poor quality water from zones immediately above the aquifer,plain casing and grout shall extend through the lowermost coal and/or carbonaceous shale that overlies the Laramie sand portion of the aquifer. 7) The maximum pumping rate of this well shall not exceed 15 GPM. 8) The return flow from the use of this well must be through an individual waste water disposal system of the non-evaporative type where the water is returned to the same stream system in which the well is located. 9) This well shall be constructed not more than 200 feet from the location specified on this permit. NOTE:To ensure a maximum productive life of this well,perforated casing should be set through the entire producing interval of the approved zone or aquifer indicated above. NOTICE:This permit has been approved with a change to the permit application form from that applied for by the applicant. You are hereby notified that you have the right to appeal the issuance of this permit,by filing a written request with this office within sixty(60)days of the date of issuance,pursuant to the State Administrative Procedures Act.(See Section 24-4-104 through 106,C.R.S.) P 6'i fie 10-3 APPROVED // T . ^ JLV ��+++ddd rf.J �(//� State Engineer By Receipt No.0509187 DATE ISSUED 06-06-2003 EXPIRATION DATE 06-06-2005 - WELD COUNTY DDARTMENT OF PUBLIC HEALTH AN.ENVIRONMENT 1555 NORTH 17TH AVENUE GREELEY, CO 80631 PHONE (970) 304-6415 FAX (970) 304-6411 f'nalec Permit#: SP-0400092 Sec/Twn/Rng: 17 01 67 Status: ISSUED Owner: SELLERS RAEBEN & BING Applied: 03/25/2004 Applicant: SELLERS BING Issued: 04/27/2004 Permit Type: RNEW Cr-Commercial,R=Residential+NEW,REPair,VauLT Finaled: j?,-a1-06 Parcel #: 1469-17- - - Location: 3653 CR 17 Legal Description: se�Installer: Description: HOUSE Commercial: N Residential:Y Acres: 40 # of Persons: 4 Basement Plumbing: N # of Bedrooms: 5 Bathrooms - Full: 3 3/4: 1 1/2: 1 Water Public: N Water Source: Water Private: Y Cistern: N Well: Y Well Permit #: 250881 Percolation Rate: 180 Limiting Zone: 0 ft 0 in Description: CLAY % Ground Slope: 5 Dir: SW Soil Suitable: (Y/N) N Engineer Design Required: (Y/N) Y In 100 Year Flood Plain: (Y/N) N Minimum Installation Chambers* Septic Tank: 2000 gallons Absorption Trench: 0 square feet or Absorption Bed: 10800 square feet Actual Installation Septic Tank: cox== gallons Absorption Trench: square feet Absorption Bed: -jfie square feet 1 o,gc � Design Type: -02.--c;' s zz Chamber Model NOTICE The issuance of this permit does not imply compliance with other state, county or local regulatory or building requirements,nor shall it act to certify that the subject system will operate in compliance with applicable state, county and local regulations adopted persuant to Article 10,Title 25,CRS as amended,except for the purpose of establishing fmal approval of installed system for issuance of a local occupancy permit persuant to CRS 1973 25-10-111 (2). This permit is non transferable and non refundable. The Weld County Department of Public Health and Environment reserves the right to impose additional terms and conditions required to meet our regulations on a continuing basis. Final permit approval was contingent upon the final inspection of the completed system by the Weld County Department of Public Health and Environment. X1 � ---- /0•al•D.5 Enlvirontal Health Specialist Date Form:S_FINAL Hello