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Home My WebLink About20111712.tiff RESOLUTION RE: ACTION OF BOARD CONCERNING RECORDED EXEMPTION #4825 - ROBERT AND LISA NOVACK 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 September 2, 2008, the Department of Planning Services administratively approved the request of Robert and Lisa Novack, P.O. Box 776, Wellington, Colorado 80549, for Recorded Exemption #4825, to divide the property into parcels estimated to be approximately 10 acres and 10 acres, for property which is located on the following described real estate, to-wit: Part of the SW1/4 of Section 30, Township 9 North, Range 67 West of the 6th P.M., Weld County, Colorado WHEREAS, the Department of Planning Services staff notified the applicant, by certified letters dated April 6, and May 4, 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 #4825 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 #4825 be, and hereby is, referred back to staff for processing. 'AQ,Qk. 2011-1712 • "aa- I I RE4825 RE #4825 - ROBERT AND LISA NOVACK 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 ELD COUNTY, CO ORADO ATTEST: r �� tick ' Mt e. ia Kirkmeye', Chair Weld County Clerk to the Board <a ro-Tem � Tem Depu Clerk to the Board it lam . G- • A ED A F : EXCUSED avid E. Long unty ttorney L r'� 1L- C n� o d /LA/ Dougl s Radema her Date of signature: �/e/// 2011-1712 RE4825 Esther Gesick From: Chris Gathman Sent: Thursday, July 14, 2011 12:23 PM To: Christie Peters; Esther Gesick; Donna Bechler Subject: RE-4825 (Novack) has been submitted for recording - please send up the file and we will send back upon recording 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 1141 70II WU N 7Y 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. 2011-1712 1 Donna Bechler From: Chris Gathman Sent: Wednesday, July 13, 2011 11:12 AM To: Donna Bechler Cc: Christie Peters Subject: FW: RE-4825 Chris Gathman Planner III Weld County Department of Planning Services 1555 N. 17th Avenue, Greeley CO. 80631 Ph:(970)353-6100 ext. 3537 Fax: (970)304-6498 in . 17II V/ ElO1C OU NTY 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 16, 2011 2:33 PM To: 'Diamondtrobb' Cc: 'Jay Robinson' Subject: RE-4825 Rob & Lisa, The Board of County Commissioners continued your recorded exemption out another 30+days to Monday,July 18th at 9 AM. Hopefully this will provide enough time to get the oil and gas easement finalized and submit the plat for recording. Sincerely, Chris Gathman Planner III Weld County Department of Planning Services 1555 N. 17th Avenue,Greeley CO. 80631 Ph:(970)353-6100 ext. 3537 Fax: (970)304-6498 O?D//- /7/0? 1 �F 4/cfc,t5 1861 -2011 MEMORANDUM �_/ TO: Weld County Commissioners WELD 0UNTY DATE: June 10, 2011 I� FROM: Chris Gathman SUBJECT: RE-4825 Status Timeline: • Administratively approved with conditions 9/2/2008. • Late plat notification letter dated7/22/2009 • Late plat notification letter dated 7/20/2010 • Late plat notification letter sent via certified mail 4/6/2011 • Certified mail receipt received 4/12/2011 • 2nd late plat notification letter sent via certified mail 5/4/2011 • Certified mail receipt received 5/18/2011 • Plat changes e-mailed to surveyor 6/7/2011 • Plat change e-mailed to surveyor 6/9/2011 Remaining Outstanding Conditions of Approval: H. The map submitted with this application shows a gas line crossing the property. The gas line easement or right-of-way shall be indicated on the plat. 4. 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 applicant/surveyor are working with the gasline company to define the gasline easement that runs through the property. The easement is currently undefined. Once this is finalized the plat can be recorded. Staff recommends that the case be continued for 30 days. Donna Bechler From: Chris Gathman Sent: Friday, June 10, 2011 11:53 AM To: Donna Bechler; Christie Peters Subject: FW: Novack Recorded Exemption Comments(RE-4825) FYI. 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 E C01;COJNIY 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: Chris Gathman Sent: Thursday, June 09, 2011 3:24 PM To: 'Jay Robinson' Subject: RE: Novack Recorded Exemption Comments (RE-4825) Jay, Changes look good. I saw one more minor item: 1) The smaller parcel is always"LOT A" and the larger parcel is always "LOT B". Once the gasline thing is resolved Mr. Novak can submit the plat for recording. I do not need to see another draft plat. Sincerely, Chris Gathman Planner III Weld County Department of Planning Services 1555 N. 17th Avenue, Greeley CO. 80631 Ph:(970)353-6100 ext. 3537 Fax: (970)304-6498 1 i 8 4 }:ri I, wEQUNI'f uC6-SE 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: Jay Robinson [mailto:jayrobinson@frii.com] Sent: Wednesday, June 08, 2011 11:24 AM To: Chris Gathman Subject: RE: Novack Recorded Exemption Comments (RE-4825) Chris, I have made the changes you requested. I am waiting on the gas company response, but I thought I would forward you the up to date plat anyway. Please let me know if you have any questions or comments. Thank you, Jay Robinson, PLS 37899 President, Stewart&Associates, Inc. 103 S. Meldrum Street Fort Collins, CO 80521 970-482-9331 jayrobinson@frii.com From: Chris Gathman [mailto:cgathman@co.weld.co.us] Sent:Tuesday,June 07, 2011 7:13 AM To:Jay Robinson Subject: RE: Novack Recorded Exemption Comments (RE-4825) Jay, I have reviewed the plat and have the following changes (in addition to finalizing the gas line easement): 1) Add a vicinity map (scale 1" = 2000') 2) Add an Easement Certificate: I (We), the undersigned, do hereby dedicate, for the benefit of the property(ies)shown or described hereon,easements for the purposes shown or described hereon. (Signature) (Signature) Typed or printed name Typed or printed name 2 3) The following notes should be revised: Note 12 should read: Effective April 25, 2011, Building Permits issued on the proposed lots will be required to adhere to the fee structure of the Weld County Road Impact Program. (Ordinance 2011-2) Note 13 should read: Effective April 25, 2011, Building Permits issued on the proposed lots, will be required to adhere to the fee structure of the County Facility Fee and Drainage Impact Fee. (Ordinance 2011-2) The Right to Farm Note (#15) should read: Weld County is one of the most productive agricultural counties in the United States, typically ranking in the top ten counties in the country in total market value of agricultural products sold. The rural areas of Weld County may be open and spacious, but they are intensively used for agriculture. Persons moving into a rural area must recognize and accept there are drawbacks, including conflicts with long- standing agricultural practices and a lower level of services than in town. Along with the drawbacks come the incentives which attract urban dwellers to relocate to rural areas: open views, spaciousness, wildlife, lack of city noise and congestion, and the rural atmosphere and way of life. Without neighboring farms, those features which attract urban dwellers to rural Weld County would quickly be gone forever. Agricultural users of the land should not be expected to change their long-established agricultural practices to accommodate the intrusions of urban users into a rural area. Well-run agricultural activities will generate off-site impacts, including noise from tractors and equipment; slow-moving farm vehicles on rural roads; dust from animal pens, field work, harvest and gravel roads; odor from animal confinement, silage and manure; smoke from ditch burning; flies and mosquitoes; hunting and trapping activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and fertilizers in the fields, including the use of aerial spraying. It is common practice for agricultural producers to utilize an accumulation of agricultural machinery and supplies to assist in their agricultural operations. A concentration of miscellaneous agricultural materials often produces a visual disparity between rural and urban areas of the County. Section 35-3.5-102, C.R.S., provides that an agricultural operation shall not be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs methods or practices that are commonly or reasonably associated with agricultural production. Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to assume that ditches and reservoirs may simply be moved "out of the way" of residential development. When moving to the County, property owners and residents must realize they cannot take water from irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water. Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice the size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of state and County roads outside of municipalities. The sheer magnitude of the area to be served stretches available resources. Law enforcement is based on responses to complaints more than on patrols of the County, and the distances which must be traveled may delay all emergency responses, including law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must leave their jobs and families to respond to emergencies. County gravel roads, no matter how often they are bladed, will not provide the same kind of surface expected from a paved road. Snow removal priorities mean that roads from subdivisions to arterials may not be cleared for several days after a major snowstorm. Services in rural areas, in many cases, will not be equivalent to municipal services. Rural dwellers must, by necessity, be more self-sufficient than urban dwellers. 3 People are exposed to different hazards in the County than in an urban or suburban setting. Farm equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center pivot operations, high speed traffic, sand burs, puncture vines, territorial farm dogs and livestock, and open burning present real threats. Controlling children's activities is important, not only for their safety, but also for the protection of the farmer's livelihood. Let me know if you have any questions. Sincerely, Chris Gathman Planner III Weld County Department of Planning Services 1555 N. 17th Avenue, Greeley CO. 80631 Ph: (970)353-6100 ext. 3537 Fax: (970)304-6498 44 gra i W E l�d!CC)V N T 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. From:Jay Robinson [mailto:jayrobinson@frii.com] Sent: Monday,June 06, 2011 3:07 PM To: Chris Gathman Subject: RE: Novack Recorded Exemption Comments (RE-4825) Chris, I have attached the Recorded Exemption plat for your review.The gas company hasn't gotten back to me yet with their approval of the easement.As soon as I get that I will put it on the plat and resend. Please let me know if you have any comments on the plat to date. Thank you, Jay Robinson, PLS 37899 President, Stewart&Associates, Inc. 103 S. Meldrum Street Fort Collins, CO 80521 970-482-9331 jayrobinson@frii.com 4 From: Chris Gathman [mailto:cgathman@co.weld.co.us] Sent:Thursday,June 02, 2011 8:58 AM To:jayrobinson@frii.com Subject: Novack Recorded Exemption Comments (RE-4825) Jay, Here are the staff comments/conditions for Novack. I attached the copy of the letter we sent that indicates the date, time and location of the meeting as well. Chris Gathman Planner III Weld County Department of Planning Services 1555 N. 17th Avenue,Greeley CO. 80631 Ph: (970)353-6100 ext. 3537 Fax: (970)304-6498 e a . W EL`L.c4 JN TT 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. 5 • • Donna Bechler From: Chris Gathman Sent: Tuesday, June 07, 2011 7:14 AM To: Christie Peters; Donna Bechler Subject: FW: Novack Recorded Exemption Comments (RE-4825) Attachments: image004.png; image003.png Here is an item for the RE-4825 file. 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 W fC 2.!CjoJ•,:.:,TY 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: Chris Gathman Sent: Tuesday, June 07, 2011 7:13 AM To: 'Jay Robinson' Subject: RE: Novack Recorded Exemption Comments (RE-4825) Jay, I have reviewed the plat and have the following changes (in addition to finalizing the gas line easement): 1) Add a vicinity map (scale 1" = 2000') 2) Add an Easement Certificate: 1 (We),the undersigned,do hereby dedicate,for the benefit of the property(ies)shown or described hereon,easements for the purposes shown or described hereon. (Signature) (Signature) Typed or printed name Typed or printed name 1 3) The following notes should be revised: Note 12 should read: Effective April 25, 2011, Building Permits issued on the proposed lots will be required to adhere to the fee structure of the Weld County Road Impact Program. (Ordinance 2011-2) Note 13 should read: Effective April 25, 2011, Building Permits issued on the proposed lots, will be required to adhere to the fee structure of the County Facility Fee and Drainage Impact Fee. (Ordinance 2011-2) The Right to Farm Note (#15) should read: Weld County is one of the most productive agricultural counties in the United States, typically ranking in the top ten counties in the country in total market value of agricultural products sold. The rural areas of Weld County may be open and spacious, but they are intensively used for agriculture. Persons moving into a rural area must recognize and accept there are drawbacks, including conflicts with long-standing agricultural practices and a lower level of services than in town. Along with the drawbacks come the incentives which attract urban dwellers to relocate to rural areas: open views, spaciousness, wildlife, lack of city noise and congestion, and the rural atmosphere and way of life. Without neighboring farms, those features which attract urban dwellers to rural Weld County would quickly be gone forever. Agricultural users of the land should not be expected to change their long-established agricultural practices to accommodate the intrusions of urban users into a rural area. Well-run agricultural activities will generate off-site impacts, including noise from tractors and equipment; slow-moving farm vehicles on rural roads; dust from animal pens, field work, harvest and gravel roads; odor from animal confinement, silage and manure; smoke from ditch burning; flies and mosquitoes; hunting and trapping activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and fertilizers in the fields, including the use of aerial spraying. It is common practice for agricultural producers to utilize an accumulation of agricultural machinery and supplies to assist in their agricultural operations. A concentration of miscellaneous agricultural materials often produces a visual disparity between rural and urban areas of the County. Section 35-3.5-102, C.R.S., provides that an agricultural operation shall not be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs methods or practices that are commonly or reasonably associated with agricultural production. Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to assume that ditches and reservoirs may simply be moved "out of the way" of residential development. When moving to the County, property owners and residents must realize they cannot take water from irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water. Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice the size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of state and County roads outside of municipalities. The sheer magnitude of the area to be served stretches available resources. Law enforcement is based on responses to complaints more than on patrols of the County, and the distances which must be traveled may delay all emergency responses, including law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must leave their jobs and families to respond to emergencies. County gravel roads, no matter how often they are bladed, will not provide the same kind of surface expected from a paved road. Snow removal priorities mean that roads from subdivisions to arterials may not be cleared for several days after a major snowstorm. Services in rural areas, in many cases, will not be equivalent to municipal services. Rural dwellers must, by necessity, be more self-sufficient than urban dwellers. People are exposed to different hazards in the County than in an urban or suburban setting. Farm equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center pivot operations, high speed traffic, sand burs, puncture vines, territorial farm dogs and livestock, and open burning present real threats. Controlling children's activities is important, not only for their safety, but also for the protection of the farmer's livelihood. Let me know if you have any questions. Sincerely, 2 • • 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 Iva , 22 II WE; 6_ COUNTYY 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: Jay Robinson [mailto:jayrobinson@frii.com] Sent: Monday, June 06, 2011 3:07 PM To: Chris Gathman Subject: RE: Novack Recorded Exemption Comments (RE-4825) Chris, I have attached the Recorded Exemption plat for your review.The gas company hasn't gotten back to me yet with their approval of the easement.As soon as I get that 1 will put it on the plat and resend. Please let me know if you have any comments on the plat to date. Thank you, Jay Robinson, PLS 37899 President,Stewart&Associates, Inc. 103 S. Meldrum Street Fort Collins, CO 80521 970-482-9331 jayrobinson@frii.com From: Chris Gathman [mailto:cgathman@co.weld.co.us] Sent:Thursday,June 02, 2011 8:58 AM To:jayrobinson@frii.com Subject: Novack Recorded Exemption Comments (RE-4825) Jay, Here are the staff comments/conditions for Novack. I attached the copy of the letter we sent that indicates the date, time and location of the meeting as well. Chris Gathman Planner III 3 Weld County Department of Planning Services 1555 N. 17th Avenue, Greeley CO. 80631 Ph: (970)353-6100 ext.3537 Fax: (970)304-6498 WE:I LL/COUNTY 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. 4 • 1861 - 2011 DEPARTMENT OF PLANNING SERVICES 1555 N 17th Ave W E L € O U N T Y Greeley, CO 80631 cgathman@co.weld.co.us PHONE: (970) 353-6100, Ext. 3540 FAX: (970) 304-6498 May 4, 2011 Robert & Lisa Novack P.O. Box 776 Wellington, CO 80549 Re: Conditions of Approval: Recorded Exemption RE-4825 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-4825. 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 Site Plan Review 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-4825. If you have further question, please contact me at the above address or call (970) 353-6100 x 3540. Sincerely, Chris Gathman Planner III 2011-1349 • May 4, 2011 Department of Planning Services Attn: Chris Gathman 1555 N. 17th Ave Greeley, CO 80631 RE: Recorded Exemption RE-4825 Dear Mr. Gathman, I wish to withdraw our Recorded Exemption Application, Thanks. Robert Novack date Lisa Novack date • dip SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3.Also complete A. Signatule , item 4 if Restricted Delivery is desired. /�/,/<,,,r. /( O Agent • Print your name and address on the reverse X(/ ""'--ti/ �i�-IBC+--�-, Addressee so that we can return the card to you. B. Received by(Printed Name) C. a livery • Attach this card to the back of the mailpiece, �/// or on the front if space permits. ❑M€/ D. Is delivery address different from Rem 1. Article Addressed to: If YES,enter delivery address below: O No (Robzc-t i--1,6c, Na -J RECEIVED PO r' c-4 776 MAY 1 8 2011 O Weld CD.i !j Department I ❑Express Mall �� j nS J� G R I E Return Receipt for Merchandise X o S-49 ❑ Insured Mail O1:1 C.O.D. ��...JJJ C V, 4. Restricted Delivery?(Extra Fee) O Yes 2. Artl (ris PS Form JCl I,February 2UU4 uomesec neturn neceipt 102595-02-M-1540, U.S. Postal Service,., CERTIFIED MAIL, RECEIPT r R (Domestic Mail Only;No Insurance Coverage Provided) i- rl F•r•elivery inf•rmeti•n visit•ur we•sitt s ' FICIAL USE m N Postage $ r Certified Fee Postmark o O Return Receip Fee - Here in (Endorsement Required) O Restricted Delivery Fee (Endorsement Required) CI t` Total Postage&Fees 4) mg oar o .} /� ' o C. Z1.O /1!G)JAL.A orreef,ApCFo.; 0 or PO Box No. �C ....�o.�_.__1__/-.-�........................... .._ L See Reverse for insvucimn., PS Form 3800.August 2006 Identify Results 3 Page 1 of 1 Parcel Valuation Account#: R0318586 Parcel#: 045330300004 Owners Name &Address: Property Address: NOVACK ROBERT E Street: P O BOX 776 City: WELLINGTON, CO 80549 Additional Owners: NOVACK LISA KEY Business/Complex: Legal Description 23957A SW4SW4 30 9 67 EXC W2W2 ALSO EXC E2E2 (.75R2SHT) Land Value $236 Land Assessed Value $70 Impr. Value a Imor. Assessed Value a Total Value $236 Total Assessed Value $70 Tax Area: Bordering County: Township Range Section Ouart.Sec. Subdivison Name Block# Lot# 09 - 67 - 30 - 3 - - Land Subtotal: Acres:17.25 Sale Price Sale Date Deed Type Reception # $106,000 12/30/2004 WD 3250225 http://maps2.merrick.com/W ebsite/Weld/setSq l.asp?cmd=QUERY&DET=Parcel&pin=045... 5/4/2011 4471; DEPARTMENT OF PLANNING SERVICES 1555 N 17th Ave Greeley, CO 80631 cgathman@co.weld.co.us C. PHONE: (970) 353-6100, Ext. 3540 FAX: (970) 304-6498 COLORADO April 6, 2011 Robert & Lisa Novack P.O. Box 776 Wellington, CO 80549 Re: Conditions of Approval: Recorded Exemption (RE-4825) Dear Mr. & Mrs. Novack: On September 2, 2008 your application for a Recorded Exemption 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)1 n n Chris Gathman Planner III April 6, 2011 Department of Planning Services Attn: Chris Gathman 1555 N. 17th Ave Greeley, CO 80631 RE: Application (RE-4825) Dear Mr. Gathman, We wish to withdraw our Recorded Exemption (RE-4825) application. Thanks. Name date Name date ill IIIII SEN I E': C 0 M'LETE THIS SECTIl N C•MPLETE THIS SECTI•N •N•ELIVE•Y A Signature o Item▪ 4 if Restricted Delivery Is desired.irplete X , _o ent ea • Print your name and address on the reverse /�` "_ so that we can return the card to you. B. Received by(Printed Name)j C. of' loi_ery ■ Attach this card to the back of the mailpiece, _ . - . ��, , . or on the front if space permits. ern 1? c Yes- - / 1. Article Addressed to: No If YES,enter delivery addres + •w: - / No�uc 3 w APR 1 21011 �o � s LISA evso PO D 1-7(e We cot,.,., 6 Department, �_` GRE'•._L,.r ,)FFICF WQ..I\rY,4 ,N�' ) `-� p OS`� I 3. Service Type J Certified Mall 0 Express Mall 0 egistered 0 Return Receipt for Merchandise ❑Insured Mail 0 C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number 7010 1870 0000 4773 0254 (Transfer from service label) 102595-02-M-1540 PS Form 3811.February 2004 Domestic Return Receipt U.S. Postal Services CERTIFIED MAIL,., RECEIPT (Domestic Mail Only;No Insurance Coverage Provided) to N F•r slivery inf•rmatt n visit •ur we•site at wwwus.S.c' sO @ r. .� I. O i `bt 1� € �,a , amn m r- r- postage $ 7 Certified Fee Q Postmark MI Return ReceiptRequiree) - Here in (Endorsement Required) - Restricted Delivery Fee (Endorsement Required) O C aoTotal Postage&Fees $ ri Sent To M Fr7 1 1s 1...\‘'>4. `0O�UgLY ri 0 or PO Box No. 1 O 0010 / ! T // N City,State,ZIP+4 038�`sIhg,�•J\ Co 3VS`lel Sce Reverse for Instructions PS Form 3800.August 2006 Identify Results • Page I of I Parcel Valuation Account#: R0318586 Parcel#: 045330300004 Owners Name&Address: Property Address: NOVACK ROBERT E Street: P O BOX 776 City: WELLINGTON, CO 80549 Additional Owners: NOVACK LISA KEY Business/Complex: Legal Description 23957A SW4SW4 30 9 67 EXC W2W2 ALSO EXC E2E2 (.75R2SHT) Land Value $229 Land Assessed Value $70 Impr. Value $D Impr. Assessed Value Total Value $229 Total Assessed Value $70 Tax Area: Bordering County: Township Range Section Quart. Sec. Subdivison Name Block# Lot# 09 - 67 - 30 - 3 - - Land Subtotal: Acres:17.25 Sale Price Sale Date Deed Type Reception # $106,000 12/30/2004 WD 3250225 http://maps2.merrick.com/W ebsite/Weld/setSq 1.asp?cmd=QUERY&DET=Parcel&pin=045... 4/4/2011 • I, ca on o E - 5 ''' d C ¢. o y q aCi v- • CO C O (,) w C N O 0C) C 3 L .� 21 'O an C) 'd 7 a) to•b a) ti 03 C C h. O O O C O M N C � O a) N Q w � 3 .E c tics O .- a) v y C aN) ti 0 c E 3 •° N M cid ro N w s 0 a ( 1{ I � a Chris Gathman From: Chris Gathman Sent: Monday, October 04, 2010 6:18 PM To: 'diamondtrobb@aol.com' Subject: Out of Office Dear Rob, I will be out of the office beginning Wednesday, October 6th until October 28th. I will still need to review a copy of the draft RE-4825 plat (via either pdf or a paper copy) upon my return before you prepare and submit the mylar for recording to ensure that all of the plat notes and property information is on the plat. Let me know if you have any questions. Sincerely, Chris Gathman Planner III Weld County Department of Planning Services 1555 N. 17th Avenue, Greeley CO. 80631 Ph: (970)353-6100 ext. 3537 Fax: (970)304-6498 1 • Chris Gathman From: Chris Gathman Sent: Monday, September 20, 2010 4:49 PM To: 'diamondtrobb@aol.com' Subject: RE-4825 preliminary plat correction comments Attachments: re4825.doc Rob, I reviewed the plat drawing that you dropped off last week and have a few changes: 1) The fence on Lot B shall be removed. 2) If there is any recorded easement/right-of-way information (book and page and/or reception #) associated with the existing gas line - it shall be shown on the plat. 3) County Road 100 is now classified as a collector status road. Another right-of-way line labeled as "Edge of Future Right-of-Way" shall be indicated on the plat 40-feet from the centerline of County Road 100. 4) Change "Larimer" to "Weld" County. I would request either two paper copies of the recorded exemption plat or a pdf attachment showing all of the required information (plat notes, signature blocks, recorded exemption #. . . . ) so that I can review prior to having the mylar prepared. I have attached another copy of the administrative comments in case the surveyor needs them. Let me know if you have any questions. Sincerely, Chris Gathman Planner III Weld County Department of Planning Services 1555 N. 17th Avenue, Greeley CO. 80631 Ph: (970)353-6100 ext. 3537 Fax: (970)304-6498 1 ilk — o r (A v I . RECORDED EXEMPTION SITUATE IN THE SOUTHWEST 1/4 OF SECTION 30—T9N—R67W LARIMER COUNTY, COLORADO Owner — Rob Novack, P.O. Box 776, Wellington, CO 80549 Southwest 1 16 Corner of Section 3o-19N-R67W South 1/16 Corner on the West faro of Section 33.-T9N-R67W / North line of the Southwest 1/4 of the Southwest 1/4 of Section 30-79N-R67W TI N88°03'11"E 624.48' x,11,—E �1zz4 eie6ro3'1i^E 31zz4 365.61' 258.87 j L� x s I Q P CO e I T 1 li i O � TO ci J ^ d/ SCALE -1"=200* t 3 SEPTEMBER 14th, 2010i n sa o j lo u U x to N "4i M v In 'C I� Cn • o N 3 y? 3 ill Pecs- WI ,� 8 o I o � Lo m x IP "II vPi N e to �z o c) Z 3 2 ^ 2 h I z E ;15 ��LiN � N. W C 3 c z x o u \o 0 zc,1 CL NW.0 x U 368.01' 1 i 258.86_ __ - -S66.11.12••W 313.43' 568'1112"W 313.43'_ 588°11'12"W 626.87'WELD COUNTY ROAD 100 30' half road right—of—way South line of the Southwest 1/4 of Section 33.-19N—R67W i Southwest Corner of Section 30-79N—R67W West 1/16 Corner on the South line of Section .50-79N—R6 30967—RE/30967PRE/exemption/disk/10/Stewart&Associates, Inc. (—Or K i rir o r ( 4 . ✓' t 5 14/' 1-E $ I7 ' 3 RECORDED EXEMPTION SITUATE IN THE SOUTHWEST 1/4 OF SECTION 30—T9N—R67W LARIMER COUNTY, COLORADO Owner — Rob Novack, P.O. Box 776, Wellington, CO 80549 South 1/16 Corner on the West line of Section JO-79N—R67W Southwest 1/16 Conn of Section 30-79N—R67W North lire of the Southwest 1/4 of the Southwest 1/4 of Section 30-79N—R67W N88°03'11"E 624.48 Hee�o3:fiE a1z.2+ N6e•03�f i"E 31zzs 355.61' 258.87 it.....il I x I M I / Ewe-. 1 7 , ,..... , o f . o 1 1 , J .4 J id x I ,, SCALE —1"=200' ( n ` ; SEPTEMBER 14th, 20101 t R , O 0 CI j t Op C x CO . $ to 1 1 oi I I� o E. tn ; �- a �- m I - -I a m W W1 ,3 O N 3 {(� I ii j'� rNj h mk x '9Op I ,- _ o I �2 0 - I �` a `o 2 E \W $ °01 P 3 ut >c l o K m N N LN °Li 2 wz 604- cw ( k /00 388.01' 1 '--,__ 258.86 ss6.1112W 31343' S86.11'12'M' 313.43' --__ __ __ _ _ 30' ---- .l S88°11112"W 626.87' 30' haN road right—of-way WELD COUNTY ROAD 100 South tine of the Southwest 1/4 of So..tn..,30-79N—R67W southwest Comer of Section 30-79N—R67W West 1/16 Corner on the South line of Section 30-19N—R67W /rjA' / 1 J0967-RE/30967PR£/exemption/disk/10/Stewart&Associates, Inc. Lte DEPARTMENT OF PLANNING SERVICES 1555 N 17th Ave ' Greeley, CO 80631 cgathman@co.weld.co.us C. PHONE: (970) 353-6100, Ext. 3537 FAX: (970) 304-6498 COLORADO July 20, 2010 Robert E. Novack & Lisa Key Novack P.O. Box 776 Wellington, CO. 80549 Re: Conditions of Approval: Recorded Exemption 4825 (RE-4825) Dear Mr. & Mrs. Novack: On September 2, 2008 your application for a recorded exemption 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 30 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 30 days of the date of this letter your case will be scheduled for a hearing before the Weld County Board of County Commissioners If you have further question, please contact me at the above address or call (970) 353-6100 x 3537. Sincerely, Chris Gathman Planner III • • (�(191( DEPARTMENT OF PLANNING SERVICES Greeley Planning Office 918 Tenth Street Greeley, Colorado 80631 WEBSITE: www.co.weld.co.us I E-MAIL: kogle@co.weld.co.us C. PHONE (970) 353-6100, EXT. 3549 FAX WI D FAX (970) 304-6498 COLORADO July 23, 2009 Robert& Lisa Key Novak PO Box 776 Wellington, CO 80549 Subject: Conditions of Approval: RE-4825 Dear Mr. & Mrs. Novak: On September 2, 2008 your application for Recorded Exemption was administratively approved by the Weld County Department of Planning Services with specific Conditions of Approval. One of the required Conditions of Approval grants applicants sixty (60) days to submit a Mylar Plat. 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. There has been no further contact with our department. Given this current situation, there are two options available to address the resolution of this condition. Submit the required documentation and two copies of the paper plat within 10 working days of the date of this letter, or formally withdraw the application in writing to this office. If you do not formally withdraw your application and/or are unable to meet the Conditions of Approval, your case will be scheduled for a hearing before the Weld County Board of County Commissioners. Planning Staff will be recommending denial or your request at this hearing. If your application is denied by the Board of County Commissioners, the decision could effect future land development applications located on this parcel. Withdrawing applications will not generally effect future applications. 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. Planning Services Staff can be contacted at the above address or phone number. Sincerely, Pall (41 billtat Kim Ogle Planning Services Case File: RE-4825 i .-37`,..."t'. 3i,\ . /3' 1 . - 3—',.... ii',:s.'", ‘" •, rkt g r. r 6`4tj . r • v v .4 w • r f a 4 a3. l .s, M. 's Irvri.-4.lz k. ' '3 3•I'' 3 .—— .:33 ebb \ • • P. ,L\.,,, , ` I ri:�a t 5 7. 0.1 i " .x If�t I$' Ir ��,, `� I of j 4'a , - L 1 6 s � o . CUS4D144 Stic-Lka- it g"r BUS;mss C co; I( Vlilaa'^:'it.,1`` C • • 44ittri DEPARTMENT OF PLANNING SERVICES V C RECORDED EXEMPTION ADMINISTRATIVE REVIEW COLORADO Applicant: Robert & Lisa Novack RE-4825 Planner: C. Gathman Legal Description: Part SW4 Section 30, T9N, R67W of the 6`h P.M., Weld County, CO. Parcel ID #: 0453 30 00004 Lot A Size: +/- 10 acres Lot B Size: +/- 10 acres Water Source: Lot A: Proposed Well Sewer System: Lot A: Proposed Septic Lot B: Proposed Well Lot B: Proposed 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 Lots A and B. 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 plat shall be titled: Recorded Exemption No. 0453-30-3 RE-4825 B. Lot A shall be granted one residential access point as no additional accesses shall be granted. C. Lot B shall be granted one residential access point as no additional accesses shall be granted. D. 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. E. County Road 100 is designated on the Weld County Road Classification Plan as a local gravel road, which requires 30 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. This information shall be indicated 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. These roads are maintained by Weld County. F. The applicant shall address the requirements (concerns) of the Colorado Division of Water Resources, as stated in the referral response dated July 23, 2008. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. G. Lots A and B shall comply with the two and one-half (2 1/2) acre net minimum lot size required by Section 24-8-40.L of the Weld County Code. Net acreage calculations should not include reserved road right-of-way. OThe map submitted with this application shows a gas line crossing the property. The gas line easement or right-of-way shall be indicated on the plat. I. 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. J. 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(s) A and/or B have 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 Nunn Fire Protection District to the Weld County Building Department. 7) Potential purchasers should be aware that Lots A and/or B 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. 8) 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. 9) 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. 10) 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. 11) 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. 12) 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) 13) 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) 14) Prior to the release of building permits on Lot(s)A and/or B, the Lot owner shall verify with the nearest Town/City or Sanitation District to determine the location of the nearest sanitary sewer line. In accordance with the Weld County Code, if a sewer line exists within four hundred (400)feet of the property line and the sewer provider is willing to serve the proposed structure, a septic permit cannot be granted by the Weld County Department of Public Health and Environment. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. 15) 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. 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. 5. 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. 6. The Department of Planning Services respectfully requests the surveyor provide a digital copy of this Recorded Exemption. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles, Arclnfo Coverages and Arclnfo Export files format type is .e00. The preferred format for Images is .tif (Group 4). (Group 6 is not acceptable). This digital file may be sent to maps©co.weld.co.us. 7. The Weld County Department of Planning Staff's 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: September 2, 2008 Chris Gathman ❖ Planner II • DEPARTMENT OF PLANNING SERVICES NORTH OFFICE 918 10T" Street GREELEY, CO80631 PHONE: (970) 353-61010 0,.Ex t. 3540 FAX: (970) 304-6498 COLORADO July 8, 2008 Robert & Lisa Novack PO Box 776 Wellington CO 80549 Subject: RE-4825-A Recorded Exemption located on a parcel of land described as Part SW4 Section 30, T9N, 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. If you have any questions concerning this matter, please call me. Sincerely, 911A,Va —Nrittettelt--- Chris Gathman Planner a . • DEPARTMENT OF PLANNING SERVICES NORTH918 10Th Street COLORADO GREELEY, CO 80631 PHONE: (970)353-6100, Ext. 3540 FAX: (970)304-6498 Application being submitted: (<2_,(O,‘“, ..)c) 3•Arcyv-LP � ��y�� Submittal fee: / 0,� `7C/C)Check# i Cash Name of person submitting: USA '.,EL cvnc �r:c?F _.I ,K v.) nr 4 __ Contact name(if different from above): Telephone number:(970 t)g - 7L/S,.Tj E-mail: (1;e,ttorIc{ff OLD h&rr,l• cvvrk The Department of Planning Services is accepting the paperwork for this Land Use Application with the understanding that the application has not been determined to be a complete application with all of the appropriate documents and exhibits. The Department of Planning Services will determine prior to the end of the next business day whether the submitted documents are in compliance with the Weld County Code,and as such,shall be deemed a complete application. The Department of Planning Services shall also determine prior to the end of the next business day whether the submitted fees are appropriate for the requested application. Should there be a discrepancy with your application, the Department will contact the applicant/applicant's representative via telephone. Land use cases will not be set up or processed until the requested application materials have been submitted and the appropriate fees paid. Thank you for your assistance and cooperation. I understand and agree to the conditions stated herein: yu w- 7-/ ' AI N/PI-dr ) / rS gnature cEos- Signature of staff member received from:`i,( /1/(in/cc Date: • WELD COUNTY, COLORADO DEPARTMENT OF PLANNING SERVICES 918 101"STREET GREELEY, CO 80631 PHONE: 970-353-6100, EXT. 3540/FAX: 970-304-6498 ' Date: I 20`-' Receipt No. 4 , 519 / [ Received From: f ( 1 / /( _Lc f( l Permit Type No. Description /Fee 4221-RE/SE ( '(C .L)�t \ 4221-ZPMH 4221-USR 4221-SITE PLAN REVIEW 4221-CHANGE OF ZONE 4221-PUD 4221-MINOR/MAJOR SUB #OF BUILDABLE LOTS 4221-ADDITIONAL 30% FEE FOR SUB's 4221-RE-SUBDIVISIONS 4221-BOA 4221-FHDP/GHDP 4430-MAPS/POSTAGE 4430-COPIES 4730-INVESTIGATION FEE 6560-RECORDING FEE MISC. / (" , (C OCASHHECK NO. ! / / _, _ TOTAL FEE / f Receipted By: i L�/bL#( �-- i t i �� :Jag. C•' .. • 46 APPLICATION FLOW SHEET COLRWillie APPLICANT: Robert & Lisa Novack CASE#: RE-4825 ' REQUEST: Two-Lot Recorded Exemption. LEGAL: Part SW4 30-9-67 LOCATION: North of and adjacent to CR 100 and 1.5 miles west of CR 17. PARCEL ID#: 0453 30930004 ACRES: +/- 20 acres Date By Application Received 6/27/08 Application Completed 6/27/08 Referrals listed 7/8/08 CG Vicinity map prepared File assembled 71SIoR Case logged in computer Letter to applicant mailed Referrals mailed Field check by DPS staff Administrative Review decision: 61IUZGO p Ong Board of County Commissioners hearing(if applicable) Date By County Commissioners Hearing Date Surrounding property owners notified Presentation prepared CC action: CC resolution received Date By Plat recorded and filed Overlay Districts Zoning — Pb Y �— �p v� +D ' Zoning Agricultural w '' II n II MUD Yes No_X_ �c. Nyyc,j , EL \\ IGA Yes No_X_ ?Va. I ' ^ w k( L�-�ac� 5c nittr Airport Yes No_X_ I "` I RI2- \PwS �► IL'- Geologic Yes No_X_ �° � S tier t_ Flood Hazard Yes No_X_Panel #080266 r o 1y mom' c9- I `J(Cit Ssici)/�tcs5 f 12Act ti' � ur�t �rh 4c j 4Ccif3 Q• `' COT- T-5611O — thfil1G '04,0 S5 .� — ►. �� 711t ven0r x.Q-A O 4 1 yi.:_.I jtl t- U.. t_. G‘1t,$ cbV" ‘'-.' - e . vCY:e.L.` .- i � 'te a kPl Uv... 5(`1 5I 13• 1"';-- } tx ;li u <�C14.-„N1 RECORDED EXEMPTION (RE) APPLICATION nk_ ooL£__ FOR PLANNING DEPARTMENT USE DATE RECEIVED: -C_C C RECEIPT/AMOUNT# /$ CASE#ASSIGNED: ✓Ttf lc, A. St APPLICATION RECEIVED BY PLANNER ASSIGNED: .Kv,-,L1n)L fJT`o:`'y Parcel Number d q 5 3 - 3_ 0 O - Q 0 - n t4 tie A-C ." (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 a' u):€.4. 10) cc tar 9NA.94 Section 3Q Township 30 North, Range9 West Has the property been divided from or had divided from it any other property since August 30, 1972? Yes Nok Is this parcel of land, under consideration, the total contiguous land owned by the applicant? Yes NoX FEE OWNER(S) OF THE PROPERTY: Name: Bober+ E Nnvar_K s Lisa \Ka./ NovacK Work Phone# 4$1-"14$'5 Home Phone# >{9 rn- boor-, Email Address rlrnvvlpnd+rnhlp r®ant. covv) Address: Pp Pjccx 1-7(0 City/State/Zip Code t. ;&1;vlajcn Cr oe-tel APPLICANT OR AUTHORIZED AGENT (See Below:Authorization must accompany all applications signed by Authorized Agent) Name: Raber4 E. NJovac K Lisa Key 2Jo�acK Work Phone# 4$)--1t49 a) Home Phone# Hs g -t oUr-‘ Email Address Address: City/State/Zip Code GA Lot A Lot B X AAM Smaller Parcel 1 r�yis C� �' Water Source Prop os£_) , wel\ RarP0,521> e<< \ 6 Type of Sewer P¢o(7a� �� 3 Proposed Use Acreage 1 p 1� Existing Dwellings? If Yes, list address If Yes, list address If Yes, list address If Yes, list address below: below: ' I below: below: K-161V o * 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. ,'ILVS741- feta>r11i �✓' o, . {JAtack_ V-a1-0Y Signature: Owner or Authoriz d Agent Date Signat e: Owner or Au ortjed Agent Date -4- • , RECORDED EXEMPTION (RE) QUESTIONNAIRE Please type or print your response(s) to the following questions on a separate sheet of paper. 1. Water supply statements addressing the following: a. Domestic use. The statement will include evidence that a water supply of sufficient quality, quantity and dependability will be available to serve all proposed lots. A letter from a water district,municipality, or a well permit are examples of evidence for domestic use. (Example-'Water will be provided by the 123 Water Company, a tap agreement has been purchased and a copy of the receipt is attached,"or "Water will be provide by a well (Well Permit# 12345 is attached") b. Irrigation water. The statement will include the type and quantity of irrigation water to the site,whether irrigation water has been removed from the site and, if so, when. (Example-"Four(4)shares of ABC Ditch Company Water will remain with the site,a copy of the purchase agreement addressing this item is attached," or"The parcel was purchased with no water rights.") 2. A statement explaining that the proposed lots will have an adequate means for the disposal of sewage in compliance with the requirements of the underlying zone district and the Weld County Department of Public Health and Environment. A copy of the septic permit or a letter from the sewage disposal facility must accompany the application. (Example-"Sewer service will be provided by Anytown Sewer and a"Commitment to serve"letter from Anytown is attached."or"An engineered Septic system will be designed, constructed and permitted according to Weld County ISDS requirements." or "A copy of the existing Septic Permit and appropriate copies (#123456789) are included with the application.") 3. A description of how the property is being used. When the parcel(s) is located in the agricultural zone district, the number and types of livestock and any existing improvements such as the principal residence, labor home, mobile home, manufactured home, barn, outbuildings, and oil/gas well production facilities on the property. If the property is being farmed the location of any pivot sprinklers and irrigation ditches as well as types of crops being produced. (Example - 'The parcel has one (1) farmhouse, one (1) mobile home for the hired hand (permitted under Mobile Home Permit#ZPMH-123), two (2) barns, a one (1) loafing shed. The north half is currently used for pasture for approx. 100 head of cattle and 6-10 horses. There is an oil and gas well head and tank battery in the northeastern corner. The south half of the property is flood irrigated and currently planted in alfalfa.") 4. A description of the location, size, present and future use of the area where the proposed new lot(s)will be created. (Example-"The new lot will be approx 5 acres in size and located west of and adjacent to CR._and the north boundary of the property. It is being created to be sold for a single family dwelling site.") 5. A statement describing any unique physical characteristics on the site, if applicable such as rock outcroppings, hills, ditches. (Example-"The ABC ditch runs diagonally across the southeastern quarter of the property.") 6. A statement indicating where a primary building envelope and/or alternative building envelope will be designated on any of the lots. Building envelopes may not be necessary on lots that are smaller than 35 acres. The Department of Planning Services reserves the right to recommend building envelopes on smaller acreage. (Example -"No building envelopes are requested") 7. Is there a Business or Use by Special Review permit on the property? If so, will it be vacated or remain on the Recorded Exemption lot(s)? (Example-"USR 1234 for my concrete business will be vacated as I am retiring. My son is moving the business and equipment to his property outside of Weld County.") -6- Recorded Exemption Questionnaire Responses 1. Water Supply. No plans are in place at this time for residential or agricultural use. Water supply is not needed at this time. px,ba i U. eil 2. Sewage disposal. No plans are in place at this time for residential use. No sewage disposal is needed. Pre,rposLb .P%.c 3. The property is currently vacant. Previously, livestock was kept on this property,but at this time there is no livestock or agricultural use. Rocky Mountain Pipeline System has an easement for a pipeline on this land. This gas pipeline runs in a northerly direction through the property. A blanket easement exists on the entire SWY, SW'/ of Section 30, T9N, R67W. 4. The existing 20 acre lot will be divided equally,by a north/south line,into two 10 acre lots. The north boundaries will remain at the current fence line shared with the State Wildlife Area. The south boundaries will remain at Weld County Road 100. Future use of these lots will depend on multiple factors, including the proposed Prairie Falcon Tollway and plans by Power Tech for in situ uranium mining operations . 5. No significant rock outcroppings or ditches run through the property. 6. No building envelopes have been designated. 7. No business use by special review is in place. Page 1 of l Subj: pipeline easement Date: 11/28/2006 5:57:02 P.M. Mountain Standard Time From: pbawden@pacificenergy.com To: diamondtrobb@aol.com CC: TSwaloow@pacificenergy.com Dear Mr. Novak, ' Rocky Mountain Pipeline System has an easement for a pipeline on land owned by you in Weld County. All the records that I have show that we have what is called a blanket easement This means that our easement rights cover the entire SW V.of the SW%. of Section 30,Township 9 North, Range 67 W. I have attached to this e-mail our generic Conditions for Development. Here is the first paragraph: 1. Rocky Mountain Pipeline System LLC ("RMPS") requires any existing blanket easement, on record, to be released to a defined easement corridor. Said corridor being a minimum of twenty-five (25) feet either side of RMPS's pipeline(s). If a defined corridor already exists, this defined corridor is subject to these conditions. As I have said, our current easement is a blanket easement. We would be happy to make the defined easement corridor 50'wide for the length of the pipeline that traverses your property. In order to set up the easement corridor you will need to have a licensed surveyor provide us with the following information: • A"legal description"of your property. This is so we are careful to make changes only to land owned by you. • A centerline description of the pipeline. The surveyor will make a description of the pipeline using engineer's measurements of degrees, hours, and minutes (and good old feet). • A drawing showing the pipeline location. Any licensed surveyor will be familiar with the requirements. Once you have your surveyor complete the work, he will send all the information to ma I will then do the paperwork to release the easement area that is outside of our 50'wide strip. If your surveyor has any questions, I will be glad to talk to him. Regardless of whether we have a blanket easement, or a defined easement corridor, the rest of the Conditions for Development will always apply. Please contact me if you have any questions about the easement. Tom Swallow can answer any other questions about the Conditions for Development Sincerely, Paula Bawden Right of Way Clerk Rocky Mountain Pipeline System LLC: fa division of Pacific Energy Management 5900 Cherry Ave. Long Beach. CA 908054408 (562) 728-2371 pbawden@pacIfIcenergy.com Wednesday,November 29,2006 America Online: Diamondtrobb • CONDITIONS FOR DEVELOPMENT AROUND ROCKY MOUNTAIN PIPELINE HIGH PRESSURE PIPELINES Rev.02/04 The following terms and conditions apply for development around Rocky Mountain Pipeline's high-pressure pipelines: I. Rocky Mountain Pipeline would require any existing blanket easement,on record. to be released to a defined casement corridor. Said corridor being a minimum of twenty-five (25) feet either side of Rocky Mountain Pipeline's pipeline(s). if a defined corridor already exists.this defined corridor is subject to these conditions. 2. No cover shall be removed from over the pipeline or easement. 3. No fill (in excess of 24 inches) shall he placed upon the easement without written approval form Rocky Mountain Pipeline. Excessive fill can impact the ability for Rocky Mountain Pipeline to maintain,operate,and protect the pipeline(s). 4. All street or road crossings must have a minimum of 5 feet of cover over the pipelines and a minimum of 3 feet of cover in any borrow or drainage ditches. if there are any. All streets or roads must cross as close to a 90- degree angle as possible and not parallel to the pipelines upon the easement. Approved parking areas must have a minimum of 5 feet of cover over the pipelines. 5. There shall be no fences(except for agriculniral fences). obstructions, buildings. engineering works or other structures constructed or permitted to be constructed upon the aforementioned easement corridor. 6. All utility crossings must he installed with a minimum of 24-inches separation below the bottom of Rocky Mountain Pipeline's pipelines and the top of the utility. All utilities(except concrete sewer mains and rigid non- metallic water lines) must be placed in rigid non-metallic casing,which must extend to the full width of the easement. Utility must cross pipelines at an angle of not less than 45 degrees frotn the pipelines. No utility may be installed parallel and within the aforementioned easement corridor. 7. Rocky Mountain Pipeline must approve landscaping within twenty-five(25)feet either side of Rocky Mountain Pipeline's pipelines. No trees may be planted within ten(10)feet of the pipelines. 8. No dwelling, building, structure, or area of con?regation may he within fifty (50) feet of Rocky Mountain Pipeline's pipelines,unless the pipelines arc provided with a minimum of 48-inches of cover. 9. No activity shall be performed within the easement corridor,or in the vicinity of the pipelines-without providing Rocky Mountain Pipeline with 48 hours notice. This will enable Rocky Mountain Pipeline to schedule a • representative present to mark the exact location and depth of the pipelines and to be present for any activities. 10. Should any modifications be required for Rocky Mountain Pipeline to maintain.operate,or protect the pipelines to meet the conditions stated above.all costs associated with the modifications.etc.shall he at the sole expense of the Owner. Owner would be required to enter into a reimbursement agreement with Rocky Mountain Pipeline prior to any modifications being taken. I f. Rocky Mountain Pipeline will not he responsible for the damage to.repair or replacement of any encroachment due to Rocky Mountain Pipeline exercising it's rights granted within the right-of-way grant and any agreements between the panics hereto.their heirs,successors,and assigns. 12. Pot holing: Contractor performing potholing may be held liable for any damage to pipeline or pipeline coating during potholing operations regardless of method used for potholing. 13. Boring/Directional Drilling: Contractor will be required to excavate an observation bole approximately 24- inches from pipeline, on the side of the drilling rig, and to a depth of a minimum of 24-inches below the pipeline. Boring or directional drilling auger must cross a minimum of five feet below Rocky Mountain Pipeline's pipeline al all times. 14. Transfer of the property,easement corridor or ROW within which the pipeline lays by sale,lease.partial sale or sale of interest shall give cause for a written notification he sent to: Rocky Mountain Pipelines.555 17th St Suite 3310,Denver Co 80202 The notice shall include the area affected and the contact party to which interest shall he directed. W:\Valero:02294-Development Solutions-Kaneb Line Relocation\ENG\Reimbtusentent AgreementtConditions for Development 101005.doc The terms,conditions,and provisions hereof shall extend to and be binding upon the parties hereto, their heirs,successors, and assigns. Rocky Mountain Pipeline owns and maintains steel, high-pressure liquids pipelines. These conditions avuld be necessary to comply with the rights granted to Rocky Mountain Pipeline by the right-of-way grants, to maintain compliance with the Department of Transportation (D.O.T.) regulations, and to provide as much protection as possible for Rocky Mountain Pipeline's pipeline facilities and any proposed development in the vicinity of the pipeline facilities. • W:tValerot02293-Development Solutions-Kaneb Line Rekxation\ENG\Reimbuncment AgtmnentlConditions for Development 101005.doc • • C {vI1.9 E E O. N Y > O C S.-O C to o CU La L A E 2 C a C n .C • E O O = +0 (o n 0 I-. Z 2 a O L 4-i N n 1 J QG C Jr LCU r / n i J CO a O Q 01 C S- S- N O N O O S.- S- O O a CD W Q: 1--i Cl F-- CC r- 0 sra .- ¢ I I 'M ¢ I I I E +0 in L N �. F- N Q L 9 (0 y O CG U 4-)n � CO > 'O 30 4-) to N O WC O O C b ITIN O = F— i--; O 3O... ak c..) a 4-` N C J E ^i i 'J O W N C co �A C O Y A r to I O) o a. a - i 0 L • 1 / o0 I © X x r 13E: n,Ln/ ^1.... in L / in a o E u crQU O Iii � L f� a i �� Q) (,.,� 4 01 W V 0- 4-) til ' ea CP Oas r a_ /f (as as / / U -"4,- d Vt (.L..� ra e a 7 a O / Z o - O cu co /mayo c ,,y > (yE 1 d O V J —T V d O� L III Z S�//� N {f (' _ in I v N `4 _ 9 W in a i (r to -) C a la 1`l`'� VI i.3 C a, a N N fa N L Ot In N -O (6 E -O L 0 J G O Z 1:3Q aa o • • Identify Results Page 1 of 1 • WELD COUNTY ASSESSOR PROPERTY PROFILE Account#: R0318586 Parcel#: 045330000004 Tax Area: 0901 Bordering County: Acres: 17.25 Township Range Section Quart. Sec. Subdivison Name Block# Lot# 09 - 67 - 30 - 0 - - Owners Name &Address: Property Address: NOVACK ROBERT E & Street: P O BOX 776 City: WELLINGTON, CO 80549 Additional Owners: NOVACK LISA KEY Business/Complex: Sales Summary Sale Date Sale Price Deed Type Reception # 12/30/2004 $106,000 WD 3250225 Legal Description 23957A SW4SW4 30 9 67 EXC W2W2 ALSO EXC E2E2 (.75R25HT) Land Valuation Summary Unit of Number of Assessed Land Type Abst Code Value Measure Units Actual Value Agricultural 4147 Acres 2.84 Agricultural 4147 Acres 14.41 Land Subtotal: 17.25 $221 $60 No Buildings on Parcel http://maps2.merrick.com/Website/Weld/setSgl.asp'?cmd—Q VERY&DET=PP&pin=04533000000... 6/9/2008 41. S Report Date: 06/24/2008 12:57PM WELD COUNTY TREASURER Page: 1 STATEMENT OF TAXES DUE SCHEDULE NO: R0318586 • ASSESSED TO: • NOVACK ROBERT E & P O BOX 776 WELLINGTON, CO 80549 LEGAL DESCRIPTION: 23957A SW4SW4 30 9 67 EXC W2W2 ALSO EXC E2E2 (.75R2SHT) PARCEL: 045330000004 SITUS ADD: TAX YEAR CHARGE TAX AMOUNT INTEREST FEES PAID TOTAL DUE 2007 PROCESSING FEE 5.00 0.00 0.00 5.00 0.00 2007 TAX 3.42 0.00 0.00 3.42 0.00 TOTAL TAXES 0.00 GRAND TOTAL DUE GOOD THROUGH 06/30/2008 0.00 ORIGINAL TAX BILLING FOR 2007 TAX DISTRICT 0901 - Authority Mill Levy Amount Values Actual Assessed WELD COUNTY 16.804* 1.01 AGRICULTURAL 221 60 SCHOOL DIST RE9 28.503 1.70 NUNN FIRE 2.172 0.13 TOTAL 221 60 AIMS JUNIOR COL 6.308 0.38 WELD LIBRARY 3.253 0.20 TAXES FOR 2007 57.040* 3.42 * 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 TREASUR,:..( 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 Date aLt- 6a REFERRAL LIST ' Name: Robert& Lisa Nov Case#: RE-4825 County Towns &Cities Fire Districts _Attorney _Ault _Ault F-1 x Health Department _Berthoud _Berthoud F-2 _Extension Office _Brighton _Briggsdale F-24 _Emergency Mgt Office- Ed Herring _Dacono _Brighton F-3 _Sheriffs Office _Eaton Eaton F-4 _ x Public Works _Erie _Fort Lupton F-5 _Housing Authority _Evans _Frederick Airport Authority _Firestone _Galeton F-6 _Building Inspection _Fort Lupton _Hudson F-7 x Code Compliance Ann _Frederick _Johnstown F-8 Kim Ogle (Landscape Plans) _Garden City _LaSalle F-9 _Lin (Addressing Change of Zone) _Gilcrest _Mountain View F-10 Ambulance Services _Greeley _Milliken F-11 _Grover x Nunn F-12 State _Hudson _Pawnee F-22 x 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 South Hwy 66 (Loveland) _Northglenn x 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 West Adams _Broomfield Little Thompson x Larimer Federal Government Agencies Other US Army Corps of Engrs x School District RE-9 USDA-APHIS Vet Service _Central Cob. 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 Name: PVi UV a--CJ� ' Referral List R'6 _ !-172:S Case# t`'- County Towns&Cities Fire Districts Attorney Ault Ault F-1 )(Health Department Berthoud Berthoud F-2(Will charae$l Extension Office Brinhton Briaasdale F-24 Fmeraencv Management Office-Ed Herrina Dacono Brighton F-3 Sheriffs Office Eaton Eaton F-4(Will charae$l Public Works Erie Fort Luoton F-5 Housing Authority Evans Galeton F-6 Airport Authority Firestone Hudson F-7 Buildina Inspection Fort Lupton Johnstown F-8 )(Code Compliance-Beth Ann X Frederick LaSalle F-9 Garden City Mountain View F-10 Kim Gale(Landscaoe Plans) Gilcrest Milliken F-11 Lin or Peaav!Addressina Chance of 7one1 Greeley X Nunn F-12 Ambulance Services Grover Pawnee F-22 State Hudson Platteville F-13 X Div.of Water Resources Johnstown Platte Valley F-14 Geological Survey Keenesbura Poudre Valley F-15 Department of Health Kersey Ravmer F-2 Department of Transportation LaSalle Southeast Weld F-16 Historical Society Lochbuie Union Colony F-26 Water Conservation Board Lonamont Western Hills F-20 Oil&Gas Conservation Commission Mead Wioains F-18 Division of Wildlife Milliken Windsor/Severance F-17 South Hwy 66(I oveland) New Ravmer X North Hwy 66(Greeley) Northalenn Legal Division of Minerals/Geoloav Nunn Parcel ID# Soil Conservation Districts Pierce Zone Acres? Bia Thompson Platteville USDA Boulder Valley Severance Airport N° Brighton Thornton GeoHawzz�� RO Centennial Windsor FP? No Panel# Fort Collins Counties Road Impact Fee Area? Greeley Adams (SW#1 #2 #3 Windsor 1 I onamont Boulder IGA? Kt) ORD# Martian Broomfield mum 14° Platte Valley Southeast Weld Other West Adams Central Cob.Water Conservancy Dist Federal Government Agencies Left Hand Water _US Army Corps of Enqrs X School District RE-9 USDA-APHIS Vet Service _Art Elmquist(MUD Area) _Federal Aviation Admin(Structures over _Ditch Company, over 200 ft or w/in 20000 ft of Pub Airport Commissioner _Federal Communications Comm iwT • • ssi Weld County Referral July 8, 2008 C. COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Robert & Lisa Novack Case Number RE-4825 Please Reply By August 8, 2008 Planner Chris Gathman Project Two-Lot Recorded Exemption Legal Part SW4 Section 30, T9N, R67W of the 6th P.M., Weld County, Colorado. Location North of and adjacent to CR 100 and 1.5 miles west of CR 17. For a more precise location, see legal. Parcel Number 0453 30 000004 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. ❑ lye have reviewed the request and find that it does/does not comply with our Comprehensive Plan VW° have reviewed the request and find no conflicts with our interests. ❑ See attached letter. ❑ Please notify me of any public hearings regarding this request. Comments: ("pan 4,/ 007 ) ! %fit? ktipti(1,1 Ct1"Y/ 04,4/1-/ (P Tl /L/{ 4//74//.5 (/-(/'c/ / /fa Signature 1 7- n? Agency 7) 9/7/. 1�(1/%7 -6CL/7Ci/ Date +Weld County Planning Dept. :•918 10th Street Greeley,CO.80631 :•(970)353-6100 ext.3540 ❖(970)304-6498 fax 21-JUL-2003 04:O6PM FROM- T-357 P.001/001 F-477 ip �Ktt tivtli JUL 112008 41111\vcir ' Weld County Referral July 8, 2008 COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Robert&Lisa Novack Case Number RE-4825 P/ease Reply By August 8,2008 Planner Chris Gathman Project Two-Lot Recorded Exemption Legal Part SW4 Section 30,T9N, R67W of the 6th P.M., Weld County, Colorado_ Location North of and adjacent to CR 100 and 1.5 miles west of CR 17. For a more precise location, see legal. Parcel Number 0453 30 000004 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. D 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. O See attached letter. D Please notify me of any public hearings regarding this request Comments: Signature 91,ade-keJ .n 7-al- o ' Agency Or°4-r go fal ,..,...:or� Date 4Weld County Planning Dept 4918 10'"Street Greeley.CO.80631 4(970)3534100 ext.3540 4(970)304-6498 fax Weld County Planning Department GREELEY OFFICE ' Lisabi h !n n5 7I1f1A Kis MEMORANDUM RECEIVED ' TO: Chris Gathman, Planning Services DATE: August 4, 2008 O FROM: David Snyder, E.I., Public Workst- • SUBJECT: RE-4825, Robert & Lisa Novak COLORADO 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 100 (paved) and 17 (gravel) are local roads and require 60-foot right-of-way at full build out. There is presently a 60-foot right-of-way. This road is maintained by Weld County. Pursuant to the definition of SETBACK in the Weld County Zoning (23-1-90), the required setback is measured from the future right-of-way line. REQUIREMENTS: 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. Utilize the existing agricultural, oil and gas, and ditch roads that are necessary for your agricultural operation. 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. 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 area IS NOT in a Special Flood Hazard Area (SFHA) as determined by the Federal Emergency Management Agency (FEMA). pc: RE-4825 M:\PLANNING-DEVELOPMENT REVIEW\RE-Recorded Exemption\RE-4825.doc w .Weld County Planning Department GREELEY OFFICE AUG G 8 2008 Memora MED TO: Chris Gathman, W.C. Planning DATE: August 7, 2008 C FROM: Lauren Light, W.C. Department of Public COLORADO Health and Environment CASE NO.: RE-4825 NAME: Novack Environmental Health Services has reviewed this proposal to exempt 10 acres from a 20 acre site. Proposed lots A and B will consist of 10 acres each. There are no dwelling units on either of the proposed lots. An individual well and an Individual Sewage Disposal System will be installed when residences are built on either parcel. The following conditions are recommended to be part of any approval: 1. A Weld County Septic Permit is required for the proposed homes septic systems and shall be installed according to the Weld County Individual Sewage Disposal Regulations. Please note, the lot owners shall verify with the nearest Town/City or Sanitation District to determine the location of the nearest sewer line. In accordance with the Weld County Code, if a sewer line exists within 400 feet of the property and the sewer provider is willing to serve the proposed structure, a septic permit cannot be granted by the Weld County Department of Public Health and Environment. Additionally, please note the following: 1. 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. now uuuniy rianning Departmer , 1101 MI GREELEY OFFICE ;iii 237nnp ki;o O DEPARTMENT OF NATURAL RESOURCES RECEIVED Q .F3k":; d o DIVISION OF WATER RESOURCES K.... � ,� �`*' �� Bill Ritter,Jr. 1876/ Governor July 18, 2008 Harris D.Sherman Executive Director Mr. Chris Gathman Dick Wolfe,P.E. Director Weld County Planning Department 918 10th Street Greeley, Co 80631 Re: Exemption from Platting— Robert and Lisa Novack Case No. RE-4825 Sec. 30, T9N, R67W, 6th P.M. Water Division 1, Water District 3 Dear Mr. Gathman: We have reviewed the above referenced proposal to create by exemption two lots of 10.00 acres each. The water supply for the two lots is proposed to be supplied by new individual on-lot wells. Since the submitted material does not appear to qualify as a "subdivision" as defined in Section § 30-28-101(10)(a), C.R.S., pursuant to the State Engineer's March 4, 2005 memorandum to county planning directors, this office will only perform a cursory review of the referral information and provide comments. The comments will not address the adequacy of the water supply plan for this development or the ability of the water supply plan to satisfy any County regulations or requirements. Generally, well permits for new residential wells may be available pursuant to C.R.S. § 37- 92-602(3)(b)(II)(A), based on a rebuttable presumption of no material injury to other water rights. This presumption of no material injury applies only to parcels created and recorded with the county prior to June 1, 1972, parcels created by a county exemption from the subdivision regulations, or parcels of 35 acres or more. Well permits issued under this presumption are issued as the only well on a specific parcel of land. No additional well permits can be issued pursuant to this presumption of no injury for all or a portion of a parcel that has been previously designated by another well permit. Since lots A and B are to be created through an exemption from the subdivision regulations they may qualify for new residential well permits. However, this office cannot guarantee issuance of any well permit until an application is submitted and the evaluation by this office is completed. If permits can be issued, for lots A and B, the use of the ground water from these wells will be limited to ordinary household purposes inside one single-family dwelling with no outside uses allowed. Any overlap in the parcels designated by a well permit can result in a denial of a well permit application. According to our records, well permit no. 272535 was issued on February 5, 2007 as the only well on tract of land of 20 acres described as that portion of the SW1/4 of the SW1/4 of Section 30, Township 9 North, Range 67 West of the 6th P.M. The use of ground water from this well is limited to ordinary household purposes inside one single-family dwelling with no outside uses allowed. Our records do not show that well permit no. 272535 was constructed however the expiration date on this permit is February 2, 2009. Well permit no. 272535 currently encumbers the entire 20-acre parcel that is subject to this exemption; therefore as long as this permit is in effect, no other permits Office of the State Engineer 1313 Sherman Street,Suite 818•Denver,CO 80203•Phone:303-866-3581 •Fax:303-866-3589 www.water.state.co.us Robert & Lisa Novack Page 2 RE-4825 can be issued for the 20-acre parcel. If an individual well is to be located on each 10 acre parcel, the owner of 272535 must request that this permit be canceled and a new application must be submitted (with the proper application fee, currently $100)for each proposed well. If you have any question in this matter please contact this office at 303/866-3581. Sincerely, Jeff Deatherage, Water Resource Engineer Cc: Jim Hall, Division Engineer George Varra, Water Commissioner, District 3 S t 5 i (PCB- t?e�1-- O X533 OCxto '1 0Q-O tsCRES Wortr+ 1aNF__ op 440 SLUM cf SW`l Sec 30 T N9 - I(I i� /%o OccAtaS / . eai-15Tl N Ls- 3,50r\->D 4— Pro pot Eil Dwts%Of$ I 10 A.aR6.S • I ' 34f9 READ Covr`1 Stab 16O FJtS€MEt�' GrA'S U&NE_ S S 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: RE# : Other Case#: 1. Applicant Name 'Roberk- E. tLlavac t` Phone Address it) ►tnc -inks City tOelltne Ernt State ('o Zip AO 5`1 2. Address or Location of Access Coll 5 G2. inn Section 30 Township 9 Range (o7 Subdivision Block Lot 4/ Weld County Road #: 115D Side of Road tJorWE+ Distance from nearest intersection I yvC,Ae- 3. Is there an existing access to the property? Yes X No # of Accesses I 4. Proposed Use: ❑ Permanent % Residential/Agricultural ❑ Industrial ❑ Temporary ❑ Subdivision ❑ Commercial ❑ Other ******************************************************************************************************************************* 5. Site Sketch Legend for Access Description: AG = Agricultural J L_ RES = Residential It) O&G = Oil &Gas ii D.R. = Ditch Road 0 = House 7(. O = Shed p 0" 8 A = Proposed Access A = Existing Access 6 g Nr 'Si LAR3 cr.tva *********************************************** OFFICE USE ONLY: Road ADT Date Accidents Date Road ADT Date Accidents Date Drainage Requirement Culvert Size Length Special Conditions U Installation Authorized ❑ Information Insufficient Reviewed By: Title: -7- • • Certificate of Conveyances Weld County Services Department of Planning State of Colorado ) County of Weld ) The STEWART TITLE INSURANCE or ABSTRACT COMPANY hereby certifies it has made a careful search of its record, and finds the following conveyances affecting the real estate described herein since August 30, 1972, and the most recent deed recorded property to August 30, 1972. LEGAL DESCRIPTION: See Attached Exhibit "A" CONVEYANCES (if none appear, so state): N. Reception No.: 1549248 Book: 627 Reception No.: 1553189 Book: 631 Reception No.: 1560748 Book: 639 Reception No.: 1566175 Book: 644 Reception No.: 1664702 Book: 743 Reception No.: 1750374 Book: 828 Reception No.: 2576606 Book: 1633 Reception No.: 2576607 Book: 1633 " Reception No.: 3250225 Book: ---- This Certificate is made for the use and benefit of the Department of Planning Services of Weld County, Colorado. This Certificate is not to be construed as an Abstract of Title nor an opinion of Title, nor a guarantee Title, and the liability of STEWART TITLE OF GREELEY, LLC is hereby limited to the fee paid for this certificate. In Witness Whereof, STEWART TITLE OF GREELEY, LLC has caused this certificate to be signed by its property officer this 1st day of June , A.D., 2008, at 7:45 am. STEWART TITLE OF GREELEY BY:� Authoriz ignature • • • EXHIBIT"A" PART OF THE SW%OF SECTION 30,TOWNSHIP 9 NORTH,RANGE 67 WEST OF THE GT"P.M.,WELD COUNTY,COLORADO,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SW CORNER OF SAID SECTION 30 AND CONSIDERING THE SOUTH LINE OF SAID SW%OF SECTION 30 AS BEARING SOUTH 90°00'WEST,WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO;THENCE NORTH 90°EAST ALONG SAID SOUTH LINE,329.90 FEET TO THE TRUE POINT OF BEGINNING OF PARCEL 2;THENCE NORTH 02°08'10"EAST 1345.35 FEET;THENCE NORTH 89°50'53"EAST 647.58 FEET; THENCE SOUTH 02°08'WEST 1347.07 FEET TO A POINT ON THE SOUTH LINE OF THE SW Y.OF SAID SECTION 30;THENCE SOUTH 90°WEST 647.58 FEET TO THE TRUE POINT OF BEGINNING OF PARCEL 2, MORE OR LESS,ACCORDING TO SURVEY BY JASPER FREESE DATED 8/25/77,COUNTY OF WELD, STATE OF COLORADO. r •. .... �{ ♦, ,b - t • . _ .. � F. . f i a-..sa JI.11 151970 - l - '1.;;;I..;!...t r F Iamb t ' L d ; Skis !S, M.r eh /..g.G4.' to d June ►r WNW es eel i errs Yr,nonse >d seventy 6a •�`••• S --------EO1411ID yJrR and CRARLES A. 9ARliR------ ,...,.".6,-.-'r ,its Qa1 L d d weld sell a alma el lb. •+ •._- --- EDWaD HARPER and 71O071.A G. HAMM ---------a i • I,I'' '.1 r One• Weld ad r d Ol ean der ,L_ «, ,I mod pa Other valuable ew1ArERcl•el and ..'�; OmwMeret Tr r dl patties deism see fI than of TEN AND RO/100--- ------------ REILLS frsellponies •rwsellA Wei pw♦r.5 wee•r .rid iN%rmet dues beer aAar r s-sse-td he to inn ssrssa.•1 r well e6►nen Mae a. I o sit wiser OR we ad eels ors es ell peel•r wt MI a EMI Mil s MIST s e� e N of +• k• miss..sepal.Is fer r ewn tell redo ad r ere r nee al r•amble hes dl es A6 + O. babe esres s w PROW d led.deers trey see bents el �113 • Corr M Meld see tte•Cc-to. balk -'."-""•_"" .'1 +� Lot 4 except the west half (was) of the west Half al (✓y) of roar Let 4 of the ZGut:.weat Quarter (SA) �Y of Section 30, Township 9 North, Range 67 welt of the 6th P.K. . /44'4 ,4 e . .. ry Z.lwXt: `(r rOeRpa ale r is seer es beeerare is I \'... .ones. I nee*llersaw a f sw OW �' w r.Se6+s r r sewers r nrod de n no s r�s.. ,as.S.r reels at O ear ‘91.-4,,:,.o...• •e•sae..y.eM,bee..aim r seised r.......r r.w ra+lel •r r w pat sear f ,yqJ sit sr role. .. I.r r*sass.* ry i rotas.Or rs- . r sareese� ' !"4 I TO Rat.ASS TO S0H•its oil peon kite r Sara peas on Me esryrr re es I< t '`,e, see oars•el en rand e...On nulls•amok�re. sin d r*a sef sin see I Imo it I a AJ es eY Pon is(Os w lath e pre rg a6 s, se'OYrs- SD / ' ! sws..e.b wet bsrY is an Is N d6 r w err.•es noel pia r rites el ells Y rIr nos roil era beer r sdpr sf air INS...M a r its•r�•ad •d they are Ira.see•r pair on snood sr d pee ere,eclat S a6 deb- raw el bRaAa.Saha we eqs.see a Ire pd rrt Y rear r wail week epee S . . ..,.- se at nip.r on s.sae r ens*en see ea Os ass es Oa is dr Wes r low is .e.,....' w!I.: sea on. Ion. its. Ise en.seller is herbs re d else Mel a app Oren ,.. y° Subject to the 1970 taxes payable in N71 and to right of way for public road, upon the premisasf H l '•` . is .P 14 owl eh*rss s.pe-s a...a IN re ern d prate it ,—des see net•Or seas pert r a t •w. er son is r Wel is awn d sob der.ewes SS led sere reeda tsar r.e�dosses s s Abe Sr.err a see ea se r• r erred Si pntee •r In slit Y see we r Y, wanaawr MTh roM M*Rose. 4 SI WPTSEes wReaeoa.Si we we leer w son lee ens so tholreds a9 1 , a$ r see r ram 4 sten entlr, p ere.. e..rrwowrw Moo•I _k�wdl.Q a$A V tF pow • I _ �''®c�la�t . % taw rt teerierie 11 0 saI o #� .J .. ••f lb despise srelaa wr eeeae�d Wee r IS /a�`et • �•. n H Jets r7gKemperor Edward Rper and U ,j Chasle• A. carper. $ . i i• r` .. rolet Rrf;Rand r •Oaarr!Oa tee' tjit/ "7/ lQRrAlfRiG E I ale �e. ':, • 97ANON IT ewer. slit IN,.... •) . . .A _I • y _ . ; ,.., ,•b1 P !1i hit sca 631 56 AUG Is • a�aM a_1,.L/�I- .. ,' .. am h45153.O9�pw"y Mw*we,Newt. I AGREEMENT cn 'I o' THIS AGREEMENT, Made and entered into by end between .m-, EDWARD hURPER and THEOLA C. hARPLR, hereinafter called "first ''t parties", and WILLIAM S. bATES, hereinafter called "second party", on, '" WITNESEETH TIUT: el oo n' First parties agree to sell and convey to second party, . .o and second party agrees to purchase from first parties for the put- .o chase price and upon the terms and conditions hereinafter expresses, o the following described property located in Weld County, State of o Colorado, to-wit: 0 ____ Last Half (E5) of toe West Half (bay) and the ':� R Went half (Wh) of the East Half (Eh) of Lot co• Four (4) of the Southwest Quarter (SWh) of .• .. Section Thirty (30), Township Nine (9) North, , T„_ _ '+ Range Sixty-Seven (67) West of tae Sixth (6th) - P.M. -- sar••nd party agrees to pay to the first parties and first -..:..:........-.....—.........-o....--- parties agree to accept as the full purchase price for the above ''• descriued property the sun of --FIVE THOUSAND FIVE HUNDRED AND NO/100-- an. DOLLARS ($5,500.00), tol•:ther with interest at the rate of eight per cent (8%) per annum on unpaid principal balances, payable in the manner - w• following: $300.00 down, receipt of which is hereby acknowledged, and $40.00 or more on the 15th day of September, 1970 and $40.00 or • more on the 15th day of each succeeding month until principal and - �� interest provided herein are fully paid and discharged, except that if not sooner paid the entire unpaid principal and accumulated interest shall be and become due end payable ten years after date. Installment payments shall be credited first to accrued interest and the balance to unpaid principal. .:. .. IT IS FURTHER MUTUALLY AGREED, By and between the parties ... •_: hereto as follows: • 1. The first parties shall not be obligated to furnish an • , abstract of title or title insurance commitment. 2. At the time taxes for the year 1970 become payable, , first parties shall advise second party of the total amount, and second party shall forthwitn pay to first parties for the said taxes a sum equal to 5/12 of the said taxes aria the first parties shall pay the balance thereof. 3. In the event that second party shall fail, refuse or neglect to pay taxes, or any other item which would constitute . - • lien against the property hereinabove described as and when the same become due and payable, first parties may pay such and, et their option, after giving to second parties ten (10) days notice by certified mail addressed to them at 1201 Columbine Court, fort „ •�� Collins, Colorado, declare the entire principal balance due and • • • payable and foreclose the second party's interest, or declare. this agreement null and void and retake possession of the premises or consider such advance an additional loan upon which interest will be due at the rate of eighteen per cent 1121) per annum. 4. becond party shall do no work upon the premises which exceeds the sum of $500.00 for which mechanics or YLerialmen's liens , , could be filed except upon prior written consent of the first parties. In the event that • mechanic's or materlalmen's lien is filed against r ( it,1bn/re • 9 •: _ J r 631 15:X189 ' the above described property, the first parties may, without notice to second party, treat such in the same manner as though payment to a • e, them had not been made and proceed as ed to ece foreclose clare a reiaof for- feiture and retake poprovided paragraph _ o• oa 5. Second party shall be entitled to po ion of the i, ea t'1 ' . premises Aurust 15, 1970, or sooner upon verbal agreement. • ein N 6. At such time as second party has paid in full the pur- i chase price herein provided and has repaid to first parties all suns m. m, advanced for taxes and other expenditures made on behalf of second d party, first parties will deliver to second party a good and sufficient t.' warranty deed conveying title to tne said property to second party, ,> a subject to 1970 taxes and all subsequent years, to reservation of o minerals by prior owners, if any, to conditions of the Patent, rights o of way however evidenced, and restrictions which may be placed upon use of the premises by zoning orcinances by the County of Weld or other governmental subdivision. ao 7. That second party does hereby fully and absolutely waive and release all rights and claims which he may have in and ___ --- to the said land, tenements and property as a homestead Exemption or otter exemption under and by virtue of any act of tne General Assembly of the State of Colorauo now existing or which may hereafter - Le raised in relation tnereto. S. Time for payment of the balance of the purchase price, .rY. taxes, insurance premiums and any other item which second party is obligated to pay is of tne essence of tnis agreement, and failure to make any payment when due shall give first parties, at their option, • __ the right to declare tae entire unpaid balance of the purchase price due and payable immediately, and failure to make said payment within ten (10) uays from the date of declaration that the entire unpaid balance of the purchase price is due and payable on ten part of the second party stall renoer this agreement null and void and of no further force and effect, and first parties shall be entitled to - .�.. retain all amounts paid on account of the purchase price as liquidated damages for A breach of tnis agreement, or they may, at their option, _ pursue their remedy of specific performance or any other remedy afforded to them by law end scull be entitled to repossess the above described property as their first and former estate. 9. In the event that any installment payment or other sum -- t >,— --„— which first parties are obligated to pay on behalf of second party becomes delinquent, first parties shall, at their option, become entitled to interest on such delinquency at the rate of eighteen „ . . (18) per cent per annum. 10. Second party may not assign this agreement or any • interest herein without the express written consent first had and . �•. obtained from the first parties. Any attempt to assign this agree mint without said written consent shall cause the entire unpaid balance of of the purchase price, together with accrued interest, to become due and payable isemaiately at the option of first parties. • „ 11 — . (e1 In the event it shall become necessary for first - parties to commence any action in law or equity to enforce their rights under the terms and provisions of this agreement, second party __.._., agrees he will pay all attorneys' fees, court Costs of and other id premises costs incidental to first parties obtaining po ion under the terms and provisions of this agreement or to foreclose the • interest of, or quiet title against the second party. (b) Second party hereby indemnifies and agrees to ..... r � ,- save the first parties harmless of and from any and all costs, fees, , -1_ , I . ' . Wig ry 631 1553189 __-. ___ ,- 3 ti and expenses, including attorneys' fees, in defending title to the tl said property if such action arias out of the use, occupancy, f, po ion of the premises by second party or out of any contract c. . or lion (tax or otherwise) entered into by or created through the second party, together with any sum which first parties may became _ re p obligated to pay to third parties by reason thereof. 12. My notice required to be given to second party shall • c be deemed to have been delivered if ailed with sufficient postage a by certified ail (or its equivalent) and addressed to the second . P party as follows - w a William S. Bates x 1208 Columbine Court c Fort Collins, Colorado u c 13. The provisions of this agreement shall be binding - - upon and shall inure to the benefit of the heirs, executors, adain- • - istrators and assigns of the respective parties hereto. I. IN WITNESS NBEREOF, the pa ties hereto have set their hands G and seals this 3n day of , 1970. I 1 9 W�R V a„tt,.• • Lavern per 7 Tneola rper j1jIRflPZU i ..w SECOND PARTY . a `3- • • • . . y . ear .•b.• .. • . ,1• . r .. - r . O h •• bloom '%� t �"" • tsar.— _---------r s1MA r Y°"a . 630 tn... N. . ._1 60'748 . MEI n40 . .tear. 1 ‘-1 O. pt / 17th .r 1 V1hls Pert its.the an el Novwblr r r I P dor a n Uri see and miss bred sod seventy afar $ EDWARD HARP1t And THEOIA C. HARPER ors d M Crary el Weld W ewe d Calm•.el do e - ' C• o Mr r .se . • r at JAMES L. CROUCH and KATHERINE L. CROUCH e _. • • N, d M Cap d Larlme[ W arm d Oa*41 M _. .-_._.�.. .__: r•r M. mere wet Other good and valuable considentian e . N {TTRNWRTII,Tarr sod Parties d M ,r Mt elarSNseseaaaaaaaorHe- s o • and --TEN AND NO/100 -0OLLAfl ~ 0 1e es am tart le■ d the Me pre la WI W W M W pear d r ad port ••as*Mal l lo = . -. . _ o rids wMwa ad eialoapa es ye rose brat wt e.1 worm*ad b Men!roes•0o at.ks dto.a•w.te.rpr M sad pats d M sal rasa M N•••••Is awe! • ` . M k OS t.•,a•ants d Mn Oar WP.W r Heirs W aye d r its M.a,i r Ise 0 re eras Brad M .oral r Sal As►es w wars Is r lee for d CdrM'relit •' , 01,0 5 e .> Cowed Weld _ c. n a Lot Four (4) except the West Half (Wo) of the * illiiliiiihiiiiii —, Peet Half (x).) of said Lot Four (4) of the - Southwest Quarter (SWI) of Section 30, Township 9 ' North, Range 67 West of the 6th P.M. -+•�-� 'T' Stare Do:umentery Fr Dore JAN 1.9._1971 30 _ ' • •--”---r--.----•• TODrren wait all r +!•tart 1ar r.A1—_._t w trl+.r.w1en efts...ad*.r b aW.b. .. ' ar.n.W.s ad M rennin W r.wr.... rade W,•lossm, ran.ass add pram shaah IS - . . r M.w.rWt Ilk.art,fbs sad eat arrows d M W pan ies d M are wt.Aar M • S.if flea,..4.Is sod s M rpn and a.ara M Moamar ad al,olsra 17 n e TO MATR AND TO HOLD M mold was iSw MrpSd W e � ,.drf.L w •. ,hoer.••••r j y , ~ sold poniard M said part,*molar el Mm a .r ,thsS M Win W odor of not tear Ir. ' ear. Ad M ode p,t ie*the be part bAnegative■)••1N,•Harr%W aeeMe.rae,ds Ina asst Meats W area ts ad wilt Jr old per d M pad sal.M vans el Mw,ii _ +.'-• saga mad M NM W saws el sera.Harr,Me r M Ilea d ohs fait sal dim*dart pw% •14-rt-,11. . '- -- they are wi ail d M pa aaa... tat a.a,area saw w herbs*tw+e •—..-- �M,^'-'•' d alma,Is S.,Is M Mph.W M V! good rye.M pow sod lawful rep M Oast leapt ., 4 .•W wry,the Now awar wed lam skim*ad M.M sa on as ad der Ma Y taw sod ante Mr;ends also Mn Ito.••••••••••••W Iseee er.a d wrists W r arse.tree °—•, Subject to 1970 taxes payable in 1971; rights of way as conveyed by instruments recorded in Book 1201 at Pages 323 and 324 Weld County °. Records; and execeptions, reservations, covenants, conditions and - restrictions of records, rights of way and easements created by O' instruments of record or established on the premises; 1100•••••••• Is the•a..W W.d pwar Is M rM W Arable swamis d M Si pas d r sae pal.M valor d rear a arias ad M bake ad saps d..l•Hots,pile al W•.a•per s arrm . 5.451,.Wr.e ot a di M.alit to a• pan Mal M W part its 5110 be eat MA W will .. ... 0 WARRANT AND rotten DILPIXD. - IN WITNRSS WHWWHor.M ant pettiest M Mt pat eve Mao se their huts sad - :L W■ the b sod pa Mt oar aims • .__. .. I • ° Spot Sisk.W D.s.ed is M had d TMALI - _ LtV R0A • O • •e 1 an: rATR OD COtOKADO,Lbassi* 17eh • Corr di Well. 71r Irma*banal w.Wss.e1p4 an d yea r eo ' November_ 1170 b Edward. Harper and . r Theols C. Hamer. • WIlms a•*d W MS MI ' • 16 CaasaYir lobe *comber 4. 1972 • ire. •t->7 �.�Mae_ H t. .. V • WaRRANTT DSRD-Tr 1.M Tamale • .Y 17 . W . • V::.1. r , is . '' f • . �� INtt 4 , __ILL- _i_ A r APR 21 loll a t. A ui N . )1.esNsa We aret lut 1560}7J e �� - 69 an Rtes TTitsDee, Kabala16th day al April RECD i 1171 ,lessor •- Ina I JANE5 L. CROUCH and KATHERINE L.CROUCI l cr. .el the Canny of Lan ner ./ass el . limo Ili Mr K 7TIE Colorado.a the Dore part sand - a n EDWARD HARPER and THCOLA C. HARPER . d ma alas 0. b m al Weld sad ea Ml the in• Coloreds,al as sand pert ,'odatS tad 1st a •-e .00aunty Clark and M North • •,. WITNISSITHaa, ,That the said put ice of as OM part,for sad Is ateddaslka a the sr of -- w:tiN. tomnyed to t +,t • .a Other valuable rontideration and Ten and no/100 DOLLIES _ _ e secure the payee a to the esid put es of as first part Is had pad bras said paean a W anal part th receipt 0 wb...of b bent ewefewd sd ubowhdpd, lave realesd,nird.sold,na va ad talt t' AND. REREAS, r 'chin bent partially oclaimed,and by titan prase de teak,rasa,set neva and salt.Ida mats as tad p, 4 o w T tad axed part.their bin ad saps!enter,sad is aWangster la tsara d b Jan Issas.all as g. n nab tag Interest•clam sad demand which Ur said parties d the tint put have la sal be the 0 NCO. ITEREPoRf following deemed a or panel alma own,bier sad belt is the beeskto and of liars to t e '. Coat d field seal Hun N Caked',n wit r Ke Public Trustee in a N "-- .-.sort ersat or anon The Lk of •Lan WI e::d ono tS of the atdgns n and ave - See- t Pttblle Trntae Mw (` I.it of Lot I of the 5Jk of dertlon 1n, ,N Town 1!It i' n 'sort L, Ita'.•,. 67 West of scribed In the afar P' the r,tI. P.•'. - Let do (1) of Pin recerdd step sr plt Range 66 lint of t1 n :paw:?r situate% lying and 0 TO RAVI AND TO COLD the san briber with an ad dstanr la spprearse ad pad. - TO KAtfE AND TO •�.' lens airman Wowing or is saran awaits sppertWIa.sad all as Sant.Hell title•lateen tsnonly% the said b sad ease ad port,t a as ores pet t etl as tint part ether l nom we pbltI as the NO Perth ly made en sole Tr of the woad pal then h.hs ad rye fw♦ter,the is weary la eats bet Is)slat teary. � lad anti fenny disc IN WITNESS WHEREOF,Tbr add pan lest:as fins part kayo Nranae their WITNESS try hand hands and ads the day sad year Ore Jon written. �j// .,. Sr,&sled and Iwnnd la the proms.i vit<t/G Ntter DIALI � � • To Na Public Truant '71/444 ( .Lv.,... '7 LCtt1..:[..,rty:' ,tEhAfftM'-t"tytTrdCh '' 117411) ' Pliant *acute —... _IUALI - Deed of Trust having ITATR OP COLORADO, las Oast;et La rimer TM teryalng lSUMM Of COLOA/W. usr an trt w teasawl an Won se the 16th ey at Apr 11 , II CST OP W6LO, 1 1171 ,by Janes L. Crouch end Catherine L. Cermeh. py.a, y0e alpha • WWITNIRR lay fned and erne anal /� e : •ot O I ' I-V..141.1.!.t...1/ f.el-fae.t� ,•... 4.1 H'L . PII . . Iu I ran. •i . I. r t o•i +I ♦ Ile Ml son Nn asa-T.la.tae-t.rt PANS.'Ob.MIA Sag awe lens eY.an ',tt 01 •-- . , • /RTE L�� RFLEsr OP D ^1.75 1 �. - ! • Cr . '_ t' w . _ .•1. • • 1443 jilt- (Jon p, tn Retarded al .� (dock�Y. C - . • R.celHka N, 16S4702 1!-11.21.1916.12.,. Reorder. • • I Carill a:ItgD, Led.thk 2Uth deg el Illy Its the •- -1 ' year d or lard use Nawnd rend hundred and]CV Cnty-f SVMtwese I I II •M y o• LDWARD IIARN.R and THLOLA O. HAnrEn, husband and wife ' of the Comity of Weld . td Sun of Cdaede,d the at part cud ' c N • - O WILLINI S. UA'TLS P - 'o Weld , and Sone of Coondo, of eM mead putt • .o d the Caab d • , .. .i . ~ WITNESSETH, That the mid part lea of the ant part foe sod In teesldersete d A.saga d - ' OTHER VAI.UAULi: CONSIDERATION AND TUN AND NO/100 DOLLARS. ` e.. • to the meld pinion of the first pan in hand paid h the meld pan y d the second part the mole whereof Y • P hereby coalesced and acknowledged,ha Ye granted,baryaleed,sold sad teamed,sad by diem peeeeeta de O 0 grub barna sell tottery and confirm unto the said pan y of the mead part, His has sad assign. ,too forever,all the following described lot or parcel of sad, eltvele, lying And Mot Y the Cagy of Wald p o and State of Colorado.to-win 0 19 Lant unlf (L's) of the West Half (W'1) and the West Half (W!1) of the Lest Half (Gts) of Lot ti Pour (•I) of the Southwest Quarter (SW4) of ,y •'i Section 'shirty (J0) , Tow•nnhili Hine (9) North, Ire Range si:.ty-Seven (67) Wont of the Sixth (Gth) lac P.M. .. (al- • e OCUMI allToOt975— t e Rama « s W 3 • . all g t J2 21.311.‘, (r $1, ♦ t. pq' TOo8TH8R with all and singular the hmdltAmau and appurtenances amuale Mlestlug.or la say- win Appenalning. and the reversion and reversions, remainder and remainders,nuts,hems sod prattle thereof;and all the mtato right title. latereet claim and demand whatsoever of the aid part SOS of the first part aka la law v or eddy, of in and to the above bargained premises,will the heredlltmnle end appurtenances ..r :t eking HAVE AND TO HOLD the said premises ebe bargained and described, with appertesaetµ as • • the mid pare' of the enod part, his help and amigos forever, And the said pet ies el the lad '"'• part, roe their heirs, executors and administrators,do covenant,groat baryon sad are '• a and whit the said partY d list snood part his heirs and aelon, that at the timed the a• (ling and delivery of these presents they aroyal seised of the premise,above tanpd,ascot goad,sem pa. a —E+;?--y feet abnhte and Indefeasible estate of Inheritance,la law, la fee simple,and M Valued right,full power and lawful authority to gnat,bargain,sea and convey the same o manner and form aforesaid, and that site soma en fret _ _. _ and clay from all former and other grants, barrels., galµ Ion.,lases,uneemaa god oc.abnata of whatever dal su c t to 1970 taxes d all subset n year , to rases- vation of m nsacraYS b prior owns: tt if any, to con en o? tiro Patent, ri99n999 It'd of wa V however ev uencetl, and estr ctlons w tic 1 may I)t utced usop use of the �rimisc fai11,9 ordinances y the county of ` We d or tiler 9ovenimen a sulxliv a ont and the above prtmhµ la the eukt and peaceable posamsoe of the mid party of the second part. hislaggila -f 1L)j0f help and anion,against all sad every penes or persons hwfullr claiming or to claim the whale a an pan ,.__ _.Y.-, •�• IWaat, AA said poetize of the fins +n .hell ad wet WARRANT AND FOREVER DEFEND, _ Illagli IN WITNESS WHEREOF,TM mid part Sea of the first put ha yeherente set theirbaadad _._-.. liganfla nti S the thy andyear first above wrteae. ' Signed.Sealed and Delnrd in We Pnseae of p87q �i'c/II ISHA2.) fir- r — --- ------ .--- - 2111.0 des ( ' c: flel-__(SEAL) Husband and Wife .h • .h.. _._..—_.._. .__. —._ _.._ .. ., ._ ..._......____.._ —(SEAL) ' •y. I. •RTi\TR 4: CORADO,lµ foegalee Instrument wag acknowledged before me title—�--day el • YouL,,';CiDf Weld. J Ydwe tti,ilazpwr and -- pal �,p.4W' .4....._ .._... _ 111.1` h _ .. PUgL\o' eh fThrnia c i�Tp.r a 1,etaband and bit fa\. 11l tp(ofl1l Sme _ t1y u esimkeKP-mil hind-- 4.Lh_itr. i9 74 '_F_]kltses[.�7t % a •( WARRANTY DIED— , . • A 6 ! e,.yd�r '•:41t,'. y Li, y-'.Ar"4.;;'',:.Pt It • tt.r4 Jr, r • • 1 f 1 , r . e, r t 1, ✓. o- A' : •,CSio4P✓ ] ,•t ,• ,,p �r•T.2 .i 'r ` I t! 1 r� Z .. . - y lb . x,17,. xr 1 sf tyre a 't i a .o tie"`/4 v. a +,s *141: - ]`�' 1 ' 5` r n i 1 1 —.V -' iwL„ ,1111tvy It.yv ^qt- b...?ti. .�6O 3fi la;,''' i ,;:gr'• J... �,py0 .x.,is • +'rM� 3gli,N }� t,} lj .S28 3. • 1. ,. p.:0- r '' ( $y y,; S�`A}"A1.• tit'�� R.ren.d..�f.c_..!..r... ./ rA APR 13 1978 '',1. �z. xd a y k'i f ��7•r� dl/i��txiFf�"l.'�' ry"d ` V Mac.Ned_1750.7`_Man Ant rewrote.IlRe,d,e f] yye, ;,4te, < Kra ri Al 'e'^`+1`'Jr.`£�s'Wt'flirt.:`1'.rir,;y 't I l ,] . — / � Q eeI9 �c07 'tT "(' a n r 213035 a �rk„nP+.4.c..d.. i yw N Retorted at 3. e y r'elrekii .. CT 2 Y I .. r ... ... . (�[pkt.. } . / RE('IINDI:R'4 STAMP i 1 ' IOC. I4,I:O Mahe Ih'i, R I ear of October t;+1't r i� 177.1eten', ItILLIAM S. ISATES _•en I i u Oy1 A ' L1. 1(.‘ Kim'.7 M r �• :RTI 17WCIATUf fli Pit F .. w•,t fq r ny.r Lancer and Siete of °y J.r'- I Colorado artier,' nLCT 2 h 1977 it Ian and I,\ IPN A. RI'd and ANNE M. •�tr." / y • 7.� IEA, whose address is • 4 �r/F `7 lYi dada 1.. 4t'. Lbi� l' veld r n I',,r.ty of and stab• r felnrndo,of the second tort: '1�1, 1 /: WITNIISSFI II,shot the.nil 1nr1 y or the flat part,for and ON consideration of the'urn of . y? ITN AND MURL DOI.LA RS. VII;i . Kw li et t t1 !part y f the firm pan hand pool 1 y the id port e.of the attend pan the receipt whereof Is �1 1l • Lt M1 F f .I k F y n t J l 1 IA and conveyed,and by these mescal.dR 5 1 ft tosecond Part their heirs and snipe,.fnraver.net i'.'41;'.'.:. J grant.1 A I 1 f IFS 'd pan!,of the. nl �' f t r a (.} O jin Lynne,"In((minor,hot in pont i.rani) oil Ihr toilsome escribed Int or parcel of land,situate.lying and id v,(' ' Ism- nthe County of Weld and State of Colorado.to wit' t'V.'S' 11 ! Part of the SW, of Section 30, Township 9N, Range 67 West of '.S4. ' ,': "t• i the bth P.M. , held County, Colorado, being more particularly :"ntf described as follows: Beginning at the SW corner of said Section F.a.,}? . a `.1t 30 and consbdering the South line of said SW!1 of Section 30 as 1. ?• • 3;i bearing 590 00' West, hip all bearings contained herein rela- _ tive thereto; thence N90 East along said South line, 329.98 1e,,' feet to the True Point of Beginning of Parcel 2; thence NO2 08' . A :%' ; 10" East 1345.3a feet; thence N 89 50'53" East 647.58 feet; 1' thence South 0' 08' West, 1347.07 feet to a point 9 the South t a + • , line of the Shy of said Section 30; thence South 90 West 647.58 feet to the True Point of beginning of Parcel 2, containing f. #ti 19;998 acres, more or less;according to survey by Jasper Freese dated 1, , TOGETHER with all and s her singular hereditament. and appurtenances thereunto belonging, or In anyMee 8/25/77'g 'i' upper"'lining, Omn•u n, and re. r.mna, remainder and re indne,rents,Inuea and profit.thereof;and all the k m:'} It right. tillr inlrri Aamand demand whatsoever of the.aid pony of the fietl part,either In law or ?C_ ._ __• 1-' lty d.in and is ter el.,r lags W pi,e b,. oitl thy l.rrJmnuts and appurtenances •'ff'^,��++� ... TO HAVE AND TO IIOLD the old premises above hargained and dew i led with the appurtenance.,unto lb.said parties of aerond part,their hers and assigns forever.And the said party of the fire pan for him- set f • his help.,taecutor. and mintionrntoredo CS covenant grant,bargain and agree to and with n,,i }. , the oil pant ea of the end part,their hers and assign.,that at the time of the nn.ealing and delivery of these pre.. a • rots is omIl seited of the premises above conveyed, at of rood, sure, perfect, absolute and indefeasible 'At 440.: ., .1 estate of inherit fee:mile and ha 5 good right,full power and lawful authority to grant bar- 4,',� („ � pin,sell and convey the me in manner and form aforesaid.and that the same are free and clear from all tent:former and other grants,bargains,sale. liens,taxes,a,an,ment and encumbrances of whatever bind or nature weever.; y,r subject to 1977 taxes, payable in 1978; to rights of way for roads, AN. - or other rights of way or easements as now constructed or of record k ti m" if any; and to mineral reservations and leases of record; y,. and the above bargained pram sat in the quiet and peaceable nonaaion of the said parties of the second part,their tt •CIi - 1,e,Y v j heirs and assigns,aganst ail and every person or penone lawfully claiming or to claim the whole or any part thereof, �' h' ' ' Y s•e 8 the said part y of the first part shall and wilt WARRANT AND FOREVER DEFEND, µ• , La N IN WITNESS WHEREOF the maid part y of the first pan)ta 5 hereunto set - is hand and 11 ,' V r D teal the day end year lint above written. At mri - Signed,Sealed and Delivered In the Presence of .a lit/w.(4/4rlL i 4�I•E(SEAL] 4 WILLIAM S. BATES ---111 , [SEAL) y [SEAL] , .". ,$TAT$OF COLOIIADO 11 - e .::.: x. ...;l0.„E,,,4)6,4z apt of. ens c_. F( ((�(`ym�q' • .. , g^fpF�IPll��'��11yI1n,.Irv�;ea was acknowledged before me this day a_ O Lt• b eve a 7Abv_1•fy i'1Qai5 S. Bates. t t'](� 76: • I..^S P9gy."-9 4P( 3 —.2 c ,19/tJ W lines.my hand and of�tytlk/r.la1 L 9,Ay""40°1 �•.,.-are a l? : � rat • qq in Ce1t n r NAM.MAW o Steil.WARRANTY DAIS T.)nn Te.,nra Braked NMaarae Ca.1021•44 cwt Mrs*Garw CM, ..WWWAAatl -.TNN , • Irnwl,stow+�fer.�+•:rY.e.:vin,.i�lrra. e,1 i-.,.I� . v.«.. •:::L.«,1.;;.a, •. - ..',v e''. �oG J/m..,or,l rhr aMk hr ,r,r,�•,o 2576606 B . 3 P-2110 10/30/1997 12:04P PG 1 OF 1 REC �Caecoa�a. v. Weld County CO JA Suki Tsukamoto Clerk & Recorder 6.00 naw all en bg these Presents, That I, JAMES A. REA of the County of Weld and State of Colorado for the consideration of other good and valuable consideration and TEN--------------Dollars In hand paid,hereby sell and quit-claim to ANNE M. REA 2031 - 71st Avenue, Greeley of the County of Weld and State of Colsrad0....B0.6..3lk...., the following real property,situate in the County of Weld and State of Colorado,to-wit: Part of the SWy of Section 30, Township 9N, Range 67 West of the 6th P.M. , Weld County, Colorado, being more particularly described as follows: Beginning at the SW corner of said Section 30 and cons,dering the South line of said SW1 of Section 30 as bearing S90 00' West, wish all bearings contained herein rela- tive thereto; thence N90 East along said South line, 329.98 feet to the True Point of Beginning of Parcel 2; thence NO2 08' 10" East 1345.3; feet; thence N 89 50'53" East 647.58 feet; thence South 02 08' West, 1347.07 feet to a point oB the South line of the SW1 of said Section 30; thence South 90 West 647.58 feet to the True Point of beginning of Parcel 2, containing 19:998 acres, more or less;according to survey by Jasper Freese dated 8/25/77. with all its appurtenances :,uk1 r9.T...t.R_.RclttecS cf rgc.grdA';_ Wenicine Signed and delivered this /P day of 0" br�-�� ,A.D. 1986 In the Presence of 1 /�' Ill X... ... (-( 7, SiATI.OI t \LIKINIA A7 ,1 ,•eYr COUNT rn0m� !��'E }SS �p — On l hn_-_/Sy _Jay M I✓�C/� in the)earj,(GG �O FOR NOIARY SCAL OR STAMP y ,' heloroJ gnal��NN , Public r in a Vi m i5 old Slate Perannaila u;mond II?kn )tmci and,ik — - - _ h P f me rh h l (.l l y J c , o< l _ - Rental 1 c,. `ax'heJ a Iles tI.i,,i. iedg.J - cooter.,133.acH,Acce.d3 �i LOS floa ami A.SANDS. �-...t., tM CO Mm. ,ti oat 410S 2576607 B-1633 P-2111 10/30/1997 12:06P PG 1 OF 1 REC D0C weld County CO JA Suki Tsukamoto Clerk 6 Recorder 6.00 2.86 WARRANTY DEED THIS DEED,Mack this 28th day of October,1997.between Anne M. Rea of county of WQ`d ,State of Colorado.grantor,and Charles E.Lindeken whose legal address is 1900 Glenview Court,Fort Collins,Colorado 80526.grantee: WITNESSETH,Thar the grantor for and in consideration of the sum of Twenty-Eight Thousand Five Hundred Sixty and 00/100(828,560.00)DOLLARS,the receipt and sufficiency of which is hereby acknowledged,has granted,bargained,sold and conveyed,and by these presents doe,grant,bargain, sell.convey and confirm.unto the grantee.his heirs and ensigns forever.all the real property together with improvements.if any,situate,lying and being in the County of Weld and Slate of Colorado described as follows: Part of the SW 1/4 of Section 30,Township 9N,Range 67 West of the 6th P.M.,Weld County, Colorado, being more particularly described as follows: Beginning at the SW corner of said Section 30 and considering the South line of said SW 1/4 of Section 30 as bearing S90 degrees 00'West,with all hearings contained herein relative thereto; thence N90 degrees East along said South line,329.90 feet to the True Point of Beginning of Parcel 2; thence n02 degrees 08'10" East 1345.35 feet; thence n 89 degrees 50'53" East 647.58 feet; thence South 02 degrees 08'West, 1347.07 feet to a point on the South line of the SW 1/4 of said Section 30; thence South 90 degrees West 647.58 feet to the True Point of beginning of Parcel 2, containing 19.998 acres,more or less;according to survey by jasper Freese dated 8/25/77. as known by street and number as:Vacant Land TOGETHER with all and singular the hereditaments 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,zither in law or equity.nf.in and to the above bargained premise.,,with the hereditaments and appurtenances, TO HAVE AND TO HOLD the said premises above bargained and described,with the appurtenance..nmo the grantee.Ma heirs and assigns forever. And the grantor.for himself.his heirs.and personal representatives,does covenants,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 seined 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 same in manner and form as aforesaid,and that the tame are free and clear from all former and other grants.bargains,ales,liens, taxes,assessments,encumbrances and restrictions of whatever kind or nature Never,except General taxes for the year 1997 and subsequent years and subject to easements,restrictions,reservations,covenants 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 grantee,his heirs and ensigns.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 deed on the date set forth above. Anne M.Rea STATE OF COLORADO County of j—QYi✓vl. The foregoing instrument was acknowledged before ma t.' vx October, 1997,by Anne M.Rea. Yet aa. My Commission Expires 10/3 1 J 9� i-rmfe� peel .Witness my hand and official seal. ice NOTARY - g tG Vavd4latti d / fir► IIIN� PUBLIC 8; No Public O f COVs = IIIlunmlmml 3ill liIIII 5022"I"1250225 620 I5I 10:4 A'lll Weld ou6y,C0 lerk&Recorder L% WARRANTY DEED RECORDER'S STAMP Tills DEED,made this 30th day of December,2004,between 6 CHARLES E.LINDEKEN l't of the County of WELD.State of Colorado,grantor(s),and <',1\ b ROBERT E, NOVACK AND LISA KEY NOVACK 'ri whose legal address is TBD WELD COUNTY ROAD,NUNN,CO 80648 n C of the County of WELD,State of Colorado, Pir , grantee(s) /0.60 v WITNESS,that the grantor(s),for and in consideration of the sum of One Hundred Slx Thousand and 00/100,($106,000.00)the receipt and sufficiency of which is hereby acknowledged, have/has granted, bargained, sold and conveyed, and by these i presents doles)grant, bargain. sell, convey and confirm unto the grantees,their heirs and assigns forever, not in tenancy in pzr� common but in joint tenancy,all the real property together with improvements,if any,situate, lying and being in the County cf `L WELD,State of Colorado,described as follows: Cl-.-Z.:, PART OF THE SW Y.OF SECTION 30,TOWNSHIP 9 NORTH,RANGE 67 WEST OF THE 6TH P.M.,WELD COUNTY,COLORADO,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SW -,- CORNER OF SAID SECTION 30 AND CONSIDERING THE SOUTH LINE OF SAID SW'/.OF SECTION 30 AS BEARING SOUTH 90°00'WEST,WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO;THENCE NORTH 90°EAST ALONG SAID SOUTH LINE,329.90 FEET TO THE TRUE POINT OF BEGINNING OF PARCEL 2;THENCE NORTH 02°08'10"EAST 1345.35 FEET;THENCE NORTH 89°50'53"EAST 647.58 FEET; \V THENCE SOUTH 02°08'WEST 1347.07 FEET TO A POINT ON THE SOUTH LINE OF THE SW VI OF SAID `j SECTION 30;THENCE SOUTH 90°WEST 647.58 FEET TO THE TRUE POINT OF BEGINNING OF PARCEL 2, MORE OR LESS,ACCORDING TO SURVEY BY JASPER FREESE DATED 8/25/77,COUNTY OF WELD, STATE OF COLORADO. also known by street and number as TBD WELD COUNTY ROAD,NUNN,CO 80648, TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining, the reversion and reversions,remainder and remainders,rents,issues and profits thereof,and al the estate,right,title interest,claim and demand whatsoever of the grantor(s), either in law or equity, of, in, and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described,with the appurtenances, unto the grantees,their heirs and assigns forever. And the grantor(s),for him/herself,its/their heirs and personal representatives do(es)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 are well seized of the premises above conveyed, have/had good, sure, perfect absolute and indefeasible estate of '\ inheritance,in law,in fee simple,and have/had 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, assessments, encumbrances and restrictions of whatever kind or nature soever, EXCEPT-FOR TAXES FOR THE I CURRENT YEAR AND SUBSEQUENT YEARS, EASEMENTS, RESERVATIONS. RESTRICTIONS, COVENANTS AND "&.- RIGHTS-OF-WAY OF RECORD IF ANY;AND DISTRIBUTION UTILITY EASEMENTS;AND MATTERS NOT SHOWN BY THE O PUBLIC RECORDS BUT OF WHICH GRANTEE HAS ACTUAL KNOWLEDGE;AND INCLUSION OF THE PROPERTY WITHIN ANY SPECIAL TAXING DISTRICT; AND BENEFITS AND BURDENS OF ANY DECLARATION AND PARTY WALL V` AGREEMENTS,IF ANY AND SUBJECT TO THOSE EXCEPTIONS REFERRED TO IN TITLE INSURANCE COMMITMENT NO. 7304-51223 ISSUED BY GUARDIAN TITLE AGENCY,LLC. r Sk The grantor(s)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. ti V IN WITNESS O WHEREOF the grantor(s)have/had executed this deed on the date set forth above.k. L/CHARLESS YI D KEN E' STATE OF COLORADO County of Ggpvwp'eir, )ss. The foregoing instrument 0.."-Id ./.511 30afore me this 30th day of December,2004,by CHARLES E.LINDEKEN. N'"IHHff,t ,c...01. Mc trembssion expir • c 3., / ,200 kffness y hand and official seal. r OBI IC •Q o ,c COLD,i.� N ry Public ��i.iI,Ii rint a°" -bn Erpiros�' Name and Address of person Creating Newly Created Legal Description(§3&35-105.C.R.5.) Warranty Deed—Joint Tenants Hello