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'P ¢ i \depEYc �'/ , •,1 rs 2 "" dE r sE i 5 e 'i ;!! ��:i / j o?d�?' 4 " P 9 6E � � SF 0gEk�9 b i / H'd�°y !IE n 49 i`b y tQ 4 li:3 �gpT _ __ __ SS'Sr9Z -- M.6r.9600N _____ __ _____ �h' 95`y_ -11 5 ' � '7 a�iegn.4$ 9 \ iiit$e '< 3 A ' g; del :la • • DEPARTMENT OF PLANNING SERVICES WC RECORDED EXEMPTION ADMINISTRATIVE REVIEW COLORADO Applicant: Cherry Knolls Estates, LLC RE-4994 Planner: Ogle do John Vandemor Legal Description: Part SE4 Section 33, TIN, R65W of the 6th P.M., Weld County, CO. Parcel ID#: 1473-33-0-00-066 Lot A Size: 11+/- acres Lot B Size: 26+/-acres Lot C Size: 34.9 +/- Net acres Lot D Size: 178+/- acres Water Source: Wells Sewer System: Septic Criteria Checklist Yes No X 1. Conforms with Chapter 22 of the Weld County Code and any adopted municipal plan. X 2. Compatible with the existing surrounding land uses. X 3. Consistent with the intent of the zone district. X 4. Consistent with efficient and orderly development. X 5. Complies with Recorded Exemption standards in Section 24-8-40 of the Weld County Code. X 6. Provides for adequate protection of the health, safety, and welfare of the inhabitants of the neighborhood and the County. Approved with Conditions The Weld County Department of Planning Services has determined through an administrative review that the standards of Section 24-8-40 of the Weld County Code have been met. This Recorded Exemption is approved with the following conditions in accordance with information submitted in the application and the policies of Weld County. 1. A Weld County septic permit is required for any proposed home. The septic system shall be installed according to the Weld County Individual Sewage Disposal System (I.S.D.S.) regulations. 2010-2071 1 S 2. The applicant has proposed a well as the source of adequate water for Lots A, B, C and D. 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. Topographic or physical features of the proposed Lot, such as ravines, ditches, streams etc. may limit the area available for a new or replacement septic system. Prior to recording the plat the Weld County Department of Public Health and Environment recommends that the applicant review the Weld County Code pertaining to septic systems to assure that any installed septic system will comply with all setback requirements found in the Code. In the event the proposed lot is not of sufficient size to allow the installation of a septic system the lot may need to be enlarged. 4. Prior to recording the plat: A. The plat shall be titled: Recorded Exemption No. 1473-33-4 RE-4994 B. The plat differs from the Assessor's Map which shows an approximately 30-foot wide strip of land to the East of excluded Parcel # 1473-33-0-00-057 as part of the property. Please show this as a part of Lot A, and close the existing access at this location. The access to Lot A should be the new Lot C 60-foot wide access and utility easement. I C. Lots A, B and C shall share an access, no circle drives or additional accesses shall be granted. The access road shall be graded and drained to provide all weather access. Accesses shall be placed in such a location as to have adequate sight distance in both directions, shall not be placed below the crest of a hill or where physical obstructions are present and shall be a minimum distance of 75 feet from any intersecting County or State roadway. A 60 foot wide joint access and utility easement, for the benefit of Lots A, B and C, shall be shown clearly on the plat. The joint easement shall be dedicated for the use as shown using the language set forth in the Weld County Code, Appendix 24-F.2. D. Lot D shall use the existing agricultural /oil and gas/ ditch road access points necessary for agricultural operations as no additional accesses shall be granted. E. The applicant shall submit to the Weld County Department of Planning Services a recorded copy of any agreement signed by all of the owners of the property crossed by the access. The access shall be for ingress and egress and shall be referenced on the plat by the Weld County Clerk and Recorders reception number. F. All site access locations must be in compliance with the Board of County Commissioner approved USR-1721 for Dan LaCoe. G. All approved accesses shall be clearly shown on the plat. The applicant shall contact the Weld County Department of Public Works to determine if a culvert is necessary at any approved road access point. If a drainage culvert is required, a 15 inch Corrugated Metal Pipe (CMP) is Weld County's minimum size. If the applicant chooses to place a larger culvert please contact the Weld County Department of Public Works to adequately size the culvert. H. County Road 2 is designated on the Weld County Road Classification Plan as a collector road, which requires 80 feet of right-of-way at full build out. There is presently 60 feet of right-of-way. An additional 10feet shall be delineated on the plat as future County Road 2 right-of-way. All setbacks shall be measured from the edge of future right-of-way. The 0 applicant shall verify the existing right-of-way and the documents creating the right-of-way. If the right-of-way cannot be verified, it shall be dedicated. This road is maintained by Weld County. The applicant shall complete an access permit for the new access points from County Road 2. Contact the Traffic Engineer at Public Works. Evidence of an approved access permit to be submitted to Planning Services. • J. The applicant shall address the requirements (concerns) of Anadarko Land Corp. and Anadarko E&P Company LP, as stated in the referral response dated February 12, 2010. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. K. The applicant shall address the requirements of Weld County School District Re-3J as stated in the referral response dated January 13, 2010. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. I L. All vehicles located on the property must be operational with current license plates, or be screened from all adjacent properties and public rights of way, or be removed from the property. All other items considered to be part of a noncommercial junkyard must also be removed from the property or screened from adjacent properties and public rights-of-way. M. Lot A, B and C shall comply with the less than thirty-five (35) acre maximum lot size required by Section 24-8-10.B of the Weld County Code. Net acreage calculations should not include reserved road right-of-way. • N. Lot A, B and C 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. lb O. Lot D shall comply with the one-hundred twenty (120) acre net minimum lot size required by Section 24-8-20.C.3 of the Weld County Code. Net acreage calculations should not include reserved road right-of-way. P. 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, Lot B and Lot C are not eligible for a future land exemption in accordance with Section 24-8-20.C.3 of the Weld County Code. 4) Prior to the release of building permits, the applicant shall submit a recorded deed describing the Lot upon which the building permit is requested with the building permit applications. The legal description on such deed shall include the Lot designation and Recorded Exemption number. 5) Prior to the release of building permits, the applicant shall submit evidence to the Department of Planning Services that Lot A, B, C and D have an adequate water supply of sufficient quality, quantity and dependability. 6) Potential purchasers should be aware that Lots A, B and C 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. 7) 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. 8) 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. 9) 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. 10) 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. 11) 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) 12) 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) 13) WELD COUNTY'S RIGHT TO FARM: Weld County is one of the most productive agricultural counties in the United States, typically ranking in the top ten counties in the country in total market value of agricultural products sold. The rural areas of Weld County may be open and spacious, but they are intensively used for agriculture. Persons moving into a rural area must recognize and accept there are drawbacks, including conflicts with long-standing agricultural practices and a lower level of services than in town. Along with the drawbacks come the incentives which attract urban dwellers to relocate to rural areas: open views, spaciousness, wildlife, lack of city noise and congestion, and the rural atmosphere and way of life. Without neighboring farms, those features which attract urban dwellers to rural Weld County would quickly be gone forever. Agricultural users of the land should not be expected to change their long-established agricultural practices to accommodate the intrusions of urban users into a rural area. Well-run agricultural activities will generate off-site impacts, including noise from tractors and equipment; slow-moving farm vehicles on rural roads; dust from animal pens, field work, harvest and gravel roads; odor from animal confinement, silage and manure; smoke from ditch burning; flies and mosquitoes; hunting and trapping activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and fertilizers in the fields, including the use of aerial spraying. It is common practice for agricultural producers to utilize an accumulation of agricultural machinery and supplies to assist in their agricultural operations. A concentration of miscellaneous agricultural materials often produces a visual disparity between rural and urban areas of the County. Section 35-3.5-102, C.R.S., provides that an agricultural operation shall not be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs methods or practices that are commonly or reasonably associated with agricultural production. Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to assume that ditches and reservoirs may simply be moved "out of the way" of residential development. When moving to the County, property owners and residents must realize they cannot take water from irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water. Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice the size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of state and County roads outside of municipalities. The sheer magnitude of the area to be served stretches available resources. Law enforcement is based on responses to complaints more than on patrols of the County, and the distances which must be traveled may delay all emergency responses, including law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must leave their jobs and families to respond to emergencies. County gravel roads, no matter how often they are bladed, will not provide the same kind of surface expected from a paved road. Snow removal priorities mean that roads from subdivisions to arterials may not be cleared for several days after a major snowstorm. Services in rural areas, in many cases, will not be equivalent to municipal services. Rural dwellers must, by necessity, be more self-sufficient than urban dwellers. People are exposed to different hazards in the County than in an urban or suburban setting. Farm equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center pivot operations, high speed traffic, sand burs, puncture vines, territorial farm dogs and livestock, and open burning present real threats. Controlling children's activities is important, not only for their safety, but also for the protection of the farmer's livelihood.. 5. The applicant shall submit two (2) paper copies of the plat for preliminary approval to the Weld County Department of Planning Services. Upon approval of the paper copies the applicant shall submit a Mylar plat along with all other documentation required as conditions of approval. The Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder by Department of Planning Services* Staff. The plat shall be prepared in accordance with the requirements of Section 24-8-60 of the Weld County Code. The Mylar plat and additional requirements shall be submitted within sixty (60) days from the date the Administrative Review was signed. The applicant shall be responsible for paying the recording fee. • 6. In accordance with Weld County Code Ordinance 2005-7 approved June 1, 2005, should the plat not be recorded within the required sixty (60) days from the date the Administrative Review was signed a $50.00 recording continuance charge may be added for each additional 3 month period. 7. The Department of Planning Services respectfully requests the surveyor provide a digital copy of this Recorded Exemption. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles, Arclnfo Coverages and Arclnfo Export files format type is .e00. The preferred format for Images is .tif (Group 4). (Group 6 is not acceptable). This digital file may be sent to maps(&co.weld.co.us. 8. 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 February 17, 2010 im le ❑ Planner Cherry Knolls Estates, LLC Go John Vandemoer 8791 Circle Drive Westminster, CO 80031 t X WELD COUNTY,COLORADO ,,..,DEPARTMENT OF PLANNING SERVICES ---- 918 10'"STREET GREELEY,CO 80631 PHONE: 970-353-6100,EXT.3540/FAX: 970-304-6498 I Date: / 20 A Receipt No. Received From: Permit Type No. Description Fee 4221-RE/SE 4221-ZPMH 4221-USR 4221-SITE PLAN REVIEW 4221-CHANGE OF ZONE 4221-PU D 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. ❑CASH ‘ECK NO. / TOTAL FEE Receipted By: DL# Exp. Mar 10 2010 1 : 20PM LASERJET FAX p. 4 Weld County School Oh Re-3(J)/99 West Broadway/PO.Box 299/Keeeesb , 0 80643 Tel.(303)536.20001 Fax.(303)536-2010 WELD 3J March 10, 2010 Weld County Department of Planning Services 918 10th Street Greeley, Colorado 80631 Case Number:RE-4994(Cherry Knolls Estates,LLC) Dear Planning Services Representative: Weld County School District RE-3J has received a check for$3,696.00 for cash-in-lieu of land attributable to this recorded exemption(Lot A,B,&C), Opposition to this application is now removed. Thank you for your continued assistance in obtaining funds that will be used to purchase land for future school use. Please contact mo at 303-536-2000 if you desire further information about this letter. Sincerely, Susie Townsend Superintendent of Schools Weld County School District RE-31 co John Vandemoer Mar 10 2010 1 : 19PM IIILASERJET FAX StFel p. 1 FACSIMILE TRANSMISSION SHEET Weld County School District RE-3(J) 99 W. Broadway, P.O. Box 269 - Keenesburg, CO 80643 Telephone: (303) 536-2000 FAX: (303) 536-2010 DATE: ` lt11 1O.aOO TIME: t:13 No. of Pages: 4 Including cover page TO: 46-r-n d qb/ FAX #: 970-36q-10498 COMPANY: clickML4 Oki JT it lUYI.•'j it FROM: 7A4L1 v TITLE: I -nlin o J ehAi, f., COMMENTS: y uin, (bas .4u. LiidaD tat t -. USIllt hazit OAty. vithissuf in/ J PP. I In pig IMP a pail '7 IW.Au Urgent ❑ Please Acknowledge Receipt Please Call Me ❑ Please Forward To ❑ Please Notify Confidentiality Notice* This fax transmittal la intended only for the use of the Individual or entity to which it is addressed and may contain Information that is privileged, confidential and exempt from disclosure under applicable law. If you are not the Intended recipient of this transmittal or an agent responsible for delivering this transmittal to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this transmittal or the information it contains is strictly prohibited. Misdelivery of this transmittal does not constitute waiver of any applicable privilege. If you have received this transmittal in error, please notify us Immediately by telephone and return the original transmittal to us at the above address by mall. Thank you. Mar 10 2010 1 : 19PM LASERJET FAX • P• 2 wia Please contact Kerrie,at Weld County School District Re-3J,at 303-536-2005 to set up an appointment to pay Recorded Exemption Fees. March 10, 2010 Weld County Department of Planning Services 918 10th Street Greeley, CO 80631 Case Number: RE-4994 (Cherry Knolls Estates) Dear Planning Department Official: This project provides for a recorded exemption within the rural area of Weld County School District Re-3J. Although recorded exemptions,individually,represent a small increment of the total housing stock, the cumulative effect of several such approvals is exerting a considerable negative effect upon the school district's ability to provide adequate educational opportunities for the resulting students. Additionally,the substantial separation of these units from other more densely populated areas increases school transportation costs, thither eroding the amount of funds that can be applied in the classroom toward educating the students. The school district's Board of Education is opposed to approval of additional new housing without adequate mitigation of land costs. However, in the event that the County Commissioners decide to approve this application,Weld County School District Re-3J respectfully requests that these exemptions be required to mitigate the costs of providing land for school sites as explained below. Site Issues Based upon the district's school capacities and site size standards,the proposed exemption would generate the need for less than one acre of land;the cash equivalent would approximate $1,232.00 per single-family housing unit(see Table 1). If approved, it is requested that this amount be paid to the school district as a cash-in-lieu of land dedication for each new unit allowed(Lot A, B, C). Recommendations The Board of Education remains very concerned about the recent trend toward accelerated residential activity throughout the district and the ensuing enrollment that will follow, as well as the district's physical and financial ability to serve that growth. Approval of additional residential development without a ready and identified means of providing appropriate infrastructure would not demonstrate good stewardship of the public trust. As stated before, cash-in-lieu of land of$3,969.00 is requested for each single-family housing unit. Therefore, the total due to Weld County School District RE-3J is$3,969.00 for Lot A, B, C. Without such mitigation, the district will recommend that the application be denied. Sincerely, Susie Townsend Superintendent of Schools Weld County School District Re-3J Mar 10 2010 1 : 19PM 'LASERJET FAX p. 3 • Cope • • • • • CHERRY KNOLLS ESTATE USzasama 1024 (303)427.7841 28 � WES'efMMIINSTEER,1 •E Ott CO 80031 DATEc r /c) • Iy5RatD r, PM aft 6thiaa tied uabink.c y • Ill nA • L°° John J Vandemoer I 8791 Circle Drive l� Westminster,CO 80031 303-427-7641 p �uy�� 11��t r�*pw T T p Mail togohnjv l3ucomcast.net Che Knolls Est tes LLl WeldCou GRELEYnOFFCEdment MAR 112?nlrt February 23, 2010 RECEIVED Weld County School District RE-3J 99 W. Broadway, P.O. Box 269 Keenesburg, CO 80643 Dear Kerrie Gurtles at 303-536-2005: After some thought and conferencing with my partners in this partnership they ask me to bring up these points or questions about these fees you are requiring us to pay. 1. The school District fee, it seems, should be a requirement at the Building Permit stage. There is no impact to the School District by vacant Lots defined by the recorded exemption process. These areas will continue to be farmed in wheat until such time as they are sold for homes at some point in the future we hope. They may be farmed for several years. I know that the County Assessors look at the current use of the land for property taxes and not the future or intended use that is not in existence yet. 2. However, to address your current request, Enclosed is a check for the Requested $1,232 for each proposed Single-Family Housing Unit. 3. The Large Lot is not to be used for a proposed Single-Family Housing Unit. I am enclosing the fees you require for the lots that will have single family homes on them eventually. The larger lot we will not be used for a home site. I have enclosed a check for tatty lots, $1,232.00 x 3 = $3,696.00. -Thee- Feel free to contact me at 303-427-7641 or mailto:johnjvl3@comcast.net Sincerely, Managing Partner ;� j Cherry Knolls Estates LLP �— � G�!2i �i�✓ C� John J Vandemoer;, � N� �p• l.• �j�1 �J S John J Vandemoer p o�Q t N R-%a 8791 Circle Drive ,P_l Westminster,CO 80031 a-027-%41 Ma il to:johnjvl3@comcastnet rnih fiu'a alnli a r�� ,Fiats 6 i3v r et Par ..Jtr' -� a 2*li Jt'Jl en 7 t �i a,.7 tS . i t . .,.,° -.y. '"..... Ott „ ... .. February 23,2010 Weld County School District RE-3J 99 W. Broadway, P.O. Box 269 Keenesburg, CO 80643 Dear Kerrie Gurtles at 303-536-2005: After some thought and conferencing with my partners in this partnership they ask inc to bring up these points or questions about these fees you are requiring us to pay. ,I' The school District fee,it seems,should be a requirement at the Building Perms Stage. There is no impact to the School District by vacant Lots defined by the recorded exemption process. These areas will continue to be farmed in wheat i nttl such;time as they are sold for homes at some point in the future we hope. They may:be'fartned for several years. I know that the County Assessors look at the current use of the land for property taxes and not the future or intended use that is not tn;existence yet. =2, However,to address your current request, Enclosed is a check for the Requested$1,232 for each proposed Single-Family Housing Unit. 3. The Large Lot is not to be used for a proposed Single-Family Housing Unit. I am enclosing the fees you require for the lots that will have single family homes on them eventually. The larger lot we will not be used for a home site. I have enclosed a check for four lots, $1,232.00 x 3 =$3,696.00. Feel free to contact me at 303-427-7641 or mailto:johnjvl3@comcast.net Sincerely, Managing Partner Cherry Knolls Estates LLP .. , L F jF;�F � . .7r�tt�'��Ji�ts a�a�`te7Ctyr�ywbn ` s kPtstG t ei�aa tt3t 1 ,3tohn aX ar demog,.�• r°F t{i is f`�at,.,I o-t rx Gt r 4� t ins e.tgq^" `--'�!'P` `Y'1`'yL'9,.a aA�. itrl� ��ty .6. ,rma T!t it r ..t.it 5 e,_ .is.mma tr.a..o,..x.. i7rni +t ^tt'titt a N m..�.: ,a } Ia i...s._„Rt'_- i----tt .G., l;i.t.s`:'t�l?,Ax.'&,( ...tjt ,i • • Kit a DEPARTMENT OF PLANNING SERVICES 918 Tenth Street IGREELEY, COLORADO 80631 111 IWEBSITE: www.co.weld.co.us CE-MAIL: PHONE(970) 353-6100, EXT. 3549 FAX (970) 304-6498 COLORADO February 17, 2010 Cherry Knolls Estates, LLC Go John Vandemoer 8791 Circle Drive Westminster, CO 80031 Subject: Recorded Exemption Referral Comments and Planning Administrative Comments Dear Mr. Vandemoer: The Department of Planning Services' has reviewed your application and related materials for compliancy with the Weld County Code. We find that your proposed Recorded Exemption meets the intent of the Code and it has been conditionally approved by staff. We have enclosed our comments for your case. If applicable, please address all issues identified in the staff comments. Prior to submitting the Mylar, please submit two (2) paper copies of your plat for review by the Department of Planning Services•staff. Upon approval of the paper copies please 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 after the date the Administrative Review was signed or after the date of the Board of County Commissioners resolution. There is an eleven (11) dollar recording fee per Mylar sheet that you will be responsible for paying to record the plat. If you need any further information, please feel free to contact me at the above address, telephone number or e-mail address. inter O Planner • Kristine Ranslem From: Kristine Ranslem Sent: Wednesday, January 13, 2010 10:38 AM To: ijohnjv@comcast.net Subject: Case RE-4994 Attachments: Applicant Letter.pdf Please see the attached letter. rkt v,e RawsLevu Planning Technician Weld County Planning Services 918 10 Street, Greeley CO 80631 970-353-6100 ext. 3519 i retc;st:: DEPARTMENT OF PLANNING SERVICES 918 10T" Street GREELEY, CO80631 10 PHONE: (970) 00, Ex t. 3540 FAX: (970) 304-6498 COLORADO January 13, 2010 Cherry Knolls Estates do John Vandemoer 8791 Circle Dr Westminster CO 80031 Subject: RE-4994 - A Recorded Exemption located on a parcel of land described as Part SE4 of Section 33, T1 N, R65W of the 6th P.M.,Weld County, Colorado. Dear Applicants: Your recorded exemption application is being processed. If it is determined that the application meets the approval criteria of Chapter 24 of the Weld County Code, you will be notified that the recorded exemption is approved. If the staff determines that the application does not meet the approval criteria or if staff has concerns with the application, staff may elect to forward the application for review to the Board of County Commissioners. You will be notified and asked to appear before the Board of County Commissioners at a public hearing. You will be informed of the hearing date prior to the hearing. The Board of County Commissioners will then consider your application and make a final decision on the recorded exemption. It is the policy of Weld County to refer an application of this nature to any town or municipality lying within three miles of the property in question or if the property under consideration is located within the comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy of the submitted materials to the Lochbuie Planning Commission for their review and comments. It is recommended that you and/or a representative be in attendance at the Lochbuie Planning Commission meeting to answer any questions the Commission members may have with respect to your application. Please call Lochbuie at 303-655-9308, for further details regarding the date, time, and place of this meeting. If you have any questions concerning this matter, please call me. Sincerely, 1 /t Reason:I have reviewed this document �„'AyUq/^ Location:918 10th St,Greeley CO Date:2010.01.13 10:13:07-07'00' Kim Ogle Planner FIELD CHECK inspection dates: 11/12/2009 APPLICANT: Dan LaCoe CASE #: USR-1721 REQUEST: A Site Specific Development Plan and a Special Review Permit for a Use by Right, an Accessory Use, or a Use by Special Review in the Commercial or industrial zone districts (Construction Company) in the A (Agricultural) Zone District. LEGAL: Part of the S2 of Section 33, T1 N, R65W of the 6th P.M., Weld County, CO. LOCATION: North of and adjacent to County Road 2 and 1 mile west of County Road 45 PARCEL ID #: 1473 33 000066 ACRES: +/-252 acres (USR Boundaries: +/-29 acres) Zoning Land Use N A N Agricultural land (single-family residence 1/8 mile to north E A E Agricultural land S A S Multiple single family residences on rural residential properties W A W Agricultural Land COMMENTS: Vacant parcel currently farmed for wheat. Denver-Hudson canal forms the east border of the property. Chris Gathman - Planner Ill • /- WELD COUNTY,COLORADO {,, - -DEPARTMENT OF PLANNING SERVICES I E LEY STREET S,_ ��[a GREELEY,CO 80631 `�L.� �(7r PHONE: 970-353.6100,EXT.3540/FAX:970-304-6498 vU Date: . 20 ! Receipt No. Received From: Permit Type No. Description Fee 4221-RE/SE 4221-ZPMH 4221-USR 4221-SITE PLAN REVIEW 4221-CHANGE OF ZONE 4221-PU D 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. ❑ CASH ❑ CHECK NO. TOTAL FEE Receipted By: DL# Exp. Willie APPLICATION FLOW SHEET COLORADO APPLICANT: CHERRY KNOLLS ESTATES, LLC CASE #: RE-4994 REQUEST: 4-LOT RECORDED EXEMPTION LEGAL: PT SE 4 SECTION 33, Ti N, R65W LOCATION: North of and adjacent to CR 2; East of and adjacent to CR 43 Section Line PARCEL ID #: 1473-33-0-00-066 ACRES: Date By Application Received 1-11-2010 Gathman Application Completed 1-12-2010 Ogle Referrals listed Vicinity map prepared File assembled t�ENID t42. Case logged in computer Letter to applicant mailed Referrals mailed Field check by DPS staff Administrative Review decision: 1441Cirril ti•M• :o to Board of County Commissioners hearing (if applicable) Date By County Commissioners Hearing Date Surrounding property owners notified Presentation prepared CC action: CC resolution received elPlat recorded and filed OD' 0 Overlay Districts Zoning Agricultural Road Impact YES USR-1721 ENCUMBERS PART OF THE SITE [CG] FOR DAN LACOE RECORDED EXEMPTION (RE) APPLICATION FOR PLANNING DEPARTMENT USE DATE RECEIVED: RECEIPT/AMOUNT# /$ CASE#ASSIGNED: APPLICATION RECEIVED BY PLANNER ASSIGNED: Parcel Number 1 4 7 3 - 3 3 _ 0 - 0 0 - 0 6 6 (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 Part of 5E1/4 , Section 33 , Township.' North, Range65 West Has the property been divided from or had divided from it any other property since August 30, 1972? Yes No X Is this parcel of land, under consideration, the total contiguous land owned by the applicant? Yes X No FEE OWNER(S) OF THE PROPERTY: Name: Cherry Knolls Estates Work Phone# 303-427-7641 Home Phone#Same Email Address lohn)v13@comcast.net Address:8791 Circle Drive City/State/Zip Code Westminster,CO 80031 APPLICANT OR AUTHORIZED AGENT(See Below:Authorization must accompany all applications signed by Authorized Agent) Name:John!Vandemoer Work Phone# 303-427-7641 Home Phone#Same Email Address johnjv13@comcast.net Address: 8791 Circle Drive City/State/Zip Code Westminster,CO 80031 Lot A Lot B Lot C Lot D Smaller Parcel Water Source Well Well Well Well Type of Sewer Septic Septic Septic Septic Proposed Use Home Home Home&Business Home Acreage 11.00 26.00 34.900 177.960 Existing Dwellings? If Yes, list address If Yes, list address If Yes, list address If Yes, list address D below: below: below: below:•I� 020 z729G2oir7 a ao7' 775—C4.2-, O20 19I * If the property is vacant or unimproved write propose water source and proposed sewer system for each parcel in the blanks above. For example,if a well and septic is proposed state:proposed wet,proposed septic. I (We) request that the following described property be designated a Recorded Exemption by the Weld County Board ofCountyCommissioners. 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, „Rotar{zed evidence mus e included showing the signatory has the legal authority to sign for the corporation. Aignature: ner or Authorized Agent Date Signature: Owner or Authorized Agent Date /CI 4iv4c,iN6 1 c eiti tCh'( PARt''EN e7r/EP'QZ//1(iv sLcs Gr<n,:c ac:Rc4-rN S/a1-4,1? (4 • . • • • . . • CE1 T1FICATF I . •i.. • :. . •'s. : •• ... ..• " . .1 • r . I y / II aIil:'1 NI III '+ • "a all '+ I.I ial :'1%1 1' rilIti1 itti.• li I '• . . I wain i r.e Ml•r I a•tr r-ihi r l • - .. . 4 a b I • . a { . I•sai . • I •.. .' w , w li• . . • • • •• .11. 110 . a • • , ..•4 . • .• ♦ g . . .1 i • 1 • • • . w • • T •• . I • . . •. ` 4 ' • •. • .• • v • • 1 . . • • • r "" a •. • • •. ' p r.. • .. • a • • . . 1 R : • I 14 • • '• • • I • ' . 4 1 °. • - • . 1•t • « !�.....'1. .illOir:. .` s a. ;al AP • gip t : :. kliii. , • . ..,:oriv,. ? 1I • • . . f,- . 1 RECO•D EXEMPTION (RE) QUESTIONNAI• 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 copy of the Recorded#3254498 01/19/2005 Weld County Colorado, District Court,Water Division No.1, State of Colorado, 901 Ninth Avenue, Greeley, CO 80632-2038, Concerning the Determination of Nontrubutary and not nontributary uperground waster rights in the Denver, Upper Arapahoe, Lower Arapahoe and Laramie-Fox Hills Aquifers of Cherry Knolls Estates General Partnership, LLP in Weld County, Colorado. Yi4itz_R ( Uit( a3 .7),Ccu lye i� 6 q •LLELC �" /v t t17Ll-1 L07 ]' if rye ti et, L'a4re". >CC&.&iv. i b. Irrigation water. The statement will include the type and quantity of irrigation water to the site, whether 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.() (An engineered Septic system will be designed., constructed and permitted according to Weld County ISDS requirements. 3. A description of how the property is being used.When the parcel(s) is located in the agricultural zone district, The land is currently a dry land wheat farm and has no buildings on it. 4. A description of the location, size, present and future use of the area where the proposed new lot(s)will be created. See the attached map for the size and locations of the lots proposed. Lots A, B, C, and D. 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.() On top of the hill and East of the Brighton Lateral Ditch, rolling hills with good views. 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 thirty-five acres. The Department of Planning Services reserves the right to recommend building envelopes on smaller acreage. (tsawsple-(No building envelopes are requestedQ 7. Is there a Business or Use by Special Review permit on the property? If so, will it be vacated or remain on the Yes there is a current and ongoing USR Application in process with Dan La Coe Currently on the Lot C 34.9 Ac more or less. And the land sale of Lot C is contingent on this approval. 9 • If a well is proposed as the source of water for the proposed lot(s), the applicant should be aware the quantity of water available for usage may be limited to specific uses, i.e, domestic use only, etc. Because each situation is unique, DPS encourages the applicant to contact the Office of the State Engineer, Division of Water Resources, to discuss your individual situation. The applicant should also be aware that groundwater may not meet all drinking water standards as defined by the Colorado Department of Public Health and Environment. If the proposed access is via a state highway the applicant shall contact the Colorado Department of Transportation regarding the access permit(s). Additional Information is available on request (DETACH, SIGN AND SUBMIT IF APPLICABLE) ACREAGE WAIVER FORM (If including more land than required) (1 I have been informed by the Weld County Planning Department that the Recorded Exemption process requires inclusion of 160 acres. I am aware that the inclusion of the entire 252.7 acre parcel into this Recorded Exemption is not necessary at this time. I understand that by including the entire 252.7 _acre parcel into this Recorded Exemption, rather then doing a Reocrded Exemption on the 160 acre parcel, I waive my opportunity to further divide my property without utilizing the Recorded Exemption process. C I have been informed that I am eligible to apply for a Subdivison Exemption in conjunction with this Recorded Exemption. I waive my opportunity to obtain an additional lot utilizing the Subdivision Exemption process. C I have been informed by the Weld County Planning Department that the Recorded Exemption process allows for a total of four lots. I am aware that this Recorded Exemption is for three lots and that by not including the fourth lot. I waive my opportunity to create additional lots until such time that I may by eligible again to further divide my property by utilizing the Recorded Exemption process per Section 24-8-20.C.2 of the Weld County Code. Signatures of all fee owners of property must sign this application or 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. "IA /.Qr2t�?c / --12:10 ignature: ner or Authorized Agent Date Signature: Owner or Authorized Agent Date The foregoing instrument was subscribed and sworn to me this (f "day of :-/A/144,A,--y , , 7/0 . WITNESS my hand and official seal. 1 J My Commission Expires: MALT to 7o lo P:kw- .?e C ittIF COS). P ( S 41 fA _ ` EA§ CO© cal H O H CI 0O : 6 {/ f § 2 ; f & • 2 ®` ( & -d- .— , a ZL z , z H. / / RR § @ fil ) : 2§ 2 ; (cil\ ®6 ; § ±O ; < K/ ] = a § . /\ ( & 2 ! , P. _0 § ) \ _ 2 I— / 2 \\ ; _ C . �CO 00 0 \5 U «® cc\6 -ci in a) \\ � ES § 7 C0 - // ) i . 2w _ 15 en« en §v▪ en /\ �• , u< ` \) \O OO °H tu male/ . �=>u -) , { 2;2 . /< § ! y<cm . x§)e @z O ; w§» . c0 z !& ! , \ 4) co \\�� ..c..) ) o. uuv § ' 2 3 < a b2 f § ) <( f ( ) / « ! O• UN a $% ( ee2a § ( _ ) } Ct OO < / Z / j \ \ REFERRAL LIST Name: Cherry Knolls Estate C Ille#: RE-4994 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 x Sheriffs Office _Eaton _Eaton F-4 x Public Works _Erie _Fort Lupton F-5 _Housing Authority _Evans _Frederick _Airport Authority _Firestone _Galeton F-6 x Building Inspection _Fort Lupton x Hudson F-7 x Code Compliance Beth _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 _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 x 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 x South Hwy 66 (Loveland) _Northglenn _North Hwy 66 (Greeley) _Nunn _Division of Minerals/Geology _Pierce _Platteville Commissioner Soil Conservation Districts _Severance _Big Thompson/ FTC Thornton _Boulder Valley/Longmont _Windsor _Brighton/SE Weld _Centennial Counties _Greeley/West Greeley x Adams _Platte Valley _Boulder _West Adams _Broomfield _Little Thompson _Larimer Federal Government Agencies Other _US Army Corps of Engrs x School District RE-3 _USDA-APHIS Vet Service x Kerr McGee _Federal Aviation Admin (Structures _RR over 200 ft or w/in 20000 ft of Pub x Denver Hudson Canal Airport _Art Elmquist(MUD Area) _Federal Communications Comm REFERRAL LIST Name: CHERRY KNOLLS EST S, LLC • Case#: RE 4994 County Towns&Cities Fire Districts Z Health Department Z Lochbuie Z Hudson F-7 Z Sheriffs Office Z Public Works Legal Counties Parcel ID# '' Building Inspection Z Adams Zone Acres? Z Code Compliance_S.-Beth_N-Ann USDA Airport Other Geo Haz State Z School District RE-3 FP? Panel# Z KERR MCGEE IGA? ORD# Z Div. of Water Resources Z DENVER HUDSON CANAL MUD? Division of Wildlife Z South Hwy 66 (Loveland) 7 Kristine Ranslem From: Kristine Ranslem Sent: Wednesday, January 13, 2010 10:46 AM To: Ken Poncelow; Bethany Salzman; 'linda.brown-smith@state.co.us'; 'chris.mettenbrink@state.co.us'; 'Mari Sanchez'; 'smcdowell@co.adams.co.us'; 'clarue@co.adams.co.us'; 'kerriegurtler@re3j.com'; 'melissa.hencmann@anadarko.com'; 'manager@henrylyn.com'; 'Hudson Fire Dept' Subject: RE-4994 Referral Attachments: Referral Sheet.pdf; Application.pdf We have just received a case (RE-4994) in which we ask that you review the attached material and send a referral to us by February 13, 2010. Attached is the application and referral sheet. You may send your comments to the Planner assigned to this case, which is Kim Ogle (kogleAco.weld.co.us) If you have any problems or have any questions, please don't hesitate to contact me at the number below. Thank you! K.r6stLv.e i2G t Levi. Planning Technician Weld County Planning Services 918 10 Street, Greeley CO 80631 970-353-6100 ext. 3519 1 • Print krrm I (1(071 Weld County Referral I January 13, 2010 COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Cherry Knolls Estates, LLC Case Number RE-4994 Please Reply By February 13, 2010 Planner Kim Ogle Project Four-Lot Recorded Exemption Legal Part SE4 of Section 33, Ti N, R65W of the 6th P.M., Weld County, Colorado. Location North of and adjacent to CR 2; East of and adjacent to CR 43 Section Line. For a more precise location, see legal. Parcel Number 1473 33 000066 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. (— We have reviewed the request and find that it does/does not comply with our Comprehensive Plan ig We have reviewed the request and find no conflicts with our interests. F. See attached letter. Please notify me of any public hearings regarding this request. Comments: Upon review of my case files and computer,no violations were noted. Signature Date 01/13/10 Agency .ningComplian Offi erll %Weld County Planning Dept. x918 10m Street Greeley,CO.80631 2(970)353-6100 ext.3540 x(970)304-6498 fax Jan. 15. 2010 9: 32AM I YLY1\ IRR:GAT ON lip No: 2639-`P. Weld County Referral January 13, 2010 COLORADO The Weld County Department of Planning Services has received the folios/Mg item for review: Applicant Cherry Knolls Estates, LLC Case Number RE-4994 Please Reply By February 13.2010 Planner Kim Ogle Project Four-Lot Recorded Exemption ti Legal Pert SE4 of Section 33,Ti N,ROM of the 6th P.M.,Weld County,Colorado. Location North of and adjacent to CR 2;East of and adjacent to CR 43 Section Line. For a more precise location,see legal. Parcel Number 1473 33 000066 The application is submitted to you for review and recommendation. Any comments or recommendation ),Yc;k 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 bepartment 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. f YVA have reviewed the request and find that it does/does not comply with our Comprehensive Plan 9We have reviewed the request and find no conflicts with our Interests. r See attached letter. r Please notify me of any public headngs regarding this request. Comments: • Signature Date /' /0s-- Agency Wald County Planning Dept. fete 1%Street Greeley,CO.80631 e(370)3534100 ext3540 4(070)3N-549818X i r Print Form tif Weld County Referral 1111k January 13, 2010 COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Cherry Knolls Estates, LLC Case Number RE-4994 !Please Reply By February 13,2010 Planner Kim Ogle Project Four-Lot Recorded Exemption Legal Part SE4 of Section 33, T1 N, R65W of the 6th P.M.,Weld County, Colorado. • ,Location North of and adjacent to CR 2; East of and adjacent to CR 43 Section Line. For a more precise location, see legal. • Parcel Number 1473 33 000066 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. r We have reviewed the request and find that it does/does not comply with our Comprehensive Plan 15? We have reviewed the request and find no conflicts with our interests. 7 See attached letter. F Please notify me of any public hearings regarding this request. Comments: Signature JohnnyBlackston Date 1-26-10 Agency Hudson Fire Protection District 74/Veld Canty Planning Dept *18104 Street Greeley,CO.80631 x{970)353-6100 ext3540 a(970)304-6498 fax Z9609£S£0£ Plo!A dOZ:£0 01. 9Z tier • Weld County Planning Deent GREELEY OFF Print Form ICE(1(7 A WelcGM49?eferral January 13, 2010 COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Cherry Knolls Estates, LLC Case Number RE-4994 Please Reply By February 13,2010 Planner Kim Ogle project Four-Lot Recorded Exemption Legal Part SE4 of Section 33, Ti N, R65W of the 6th P.M.,Weld County, Colorado. Location North of and adjacent to CR 2; East of and adjacent to CR 43 Section Line. For a more precise location, see legal. Parcel Number 1473 33 000066 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. 7 We have reviewed the request and find that it does/does not comply with our Comprehensive Plan X We 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: Signature %9 Date 1/31/2010 Agency Colorado Division of Wildlife :Weld County Planning Dept. 291810th Street Greeley,CO.80631 1(970)353-6100 ext.3540 :(970)304-6498 fax Weld County Referral January 13, 2010 lunge RECEIVED COLORADO JAN 14 2010 The Weld County Department of Planning Services has received the follow item for review: Wal Coyrry Public Works Osistmeas Applicant Cherry Knolls Estates, LLC Case Number RE-4994 Please Reply By February 13, 2010 Planner Kim Ogle Project Four-Lot Recorded Exemption Legal Part SE4 of Section 33, Ti N, R65W of the 6th P.M., Weld County, Colorado. Location North of and adjacent to CR 2; East of and adjacent to CR 43 Section Line. For a more precise location, see legal. Parcel Number 1473 33 000066 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. U We have reviewed the request and find that it does/does not comply with our Comprehensive Plan ❑ We have reviewed the request and find no conflicts with our interests. Et See attached letter. ❑ Please notify me of any public hearings regarding this request. Comments: Signature ti< r4,I� G /0 Agency ( b(2C (tL r k Date ❖Weld County Planning Dept. +918 101b Street Greeley,CO.80631 +(970)353-6100 ext.3540 +(970)304-6498 fax • Kit MEMORANDUM �• TO: Kim Ogle, Planning Services DATE: February 4, 2010 W� FROM: Heidi Hansen, P.E., Public Works Department4 - COLORADO SUBJECT: RE-4994, Cherry Knolls Estates, LLC The Weld County Public Works Department has reviewed this proposal. Staff comments made during this phase of the process may not be all-inclusive, as other concerns or issues may arise during the remaining application process. Issues of concern must be resolved with the Public Works Department. Our comments and requirements are as follows: COMMENTS: Weld County Road Classification Plan (FHU): WCR 2 is a collector road and requires an 80-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: The applicant shall utilize the existing agricultural, oil and gas, and ditch roads that are necessary for your agricultural operation (Lot D). The plat differs from the assessor's map which shows an approximately 30-foot wide strip of land to the east of excluded Parcel #147333000057 as a part of the property. Please show this as a part of Lot A and close the existing access at this location. The access to Lot A should be from the new Lot C 60-foot wide access and utility easement. The applicant shall utilize the 60-foot wide access and utility easement to access Lot B. The applicant shall open the new access to Lot C as specified in USR-1721. Please show the locations for the residential accesses to Lots A and B off of the Lot C easement. If drainage culverts are required, a 15-inch corrugated metal pipe is the County's minimum size requirement. If the applicant chooses to place a larger culvert, please contact the Public Works Department to adequately size your culvert. Road Access Culverts Sec. 8-3-10. Installation of culvert. The owner of the property shall pay for materials and the cost of installation for new road access culverts whenever the installation of a culvert is made necessary by the creation of a new access from private property to a County road, by any alteration of the natural flow of water across private property by the owner, or for any other reason created by any owner of private property. The culvert shall be installed according to the specification of the Department of Public Work as to size and location in the County rights-of-way or other County property in which such culverts may be installed. The culvert size will be determined in accordance with standards engineering practices. The property owner shall be responsible for cleaning the borrow ditch to the extent required to accommodate the road access culvert and insuring proper drainage. Any new access off of a County road requires an Access Permit. If not already obtained for USR-1721, please contact Janet Carter, Traffic Engineer at 970-304-6496 ext. 3750. Pursuant to Chapter 15, Articles I and II of the Weld County Code, if noxious weeds exist on the property or become established as a result of the proposed development, the applicant/landowner shall be responsible for controlling the noxious weeds. All vegetation, other than grasses, needs to be maintained at a maximum height of 12 inches until the area is completely developed. Page I of 2 M:\PLAN NING-DEVELOPMENT REVIEW\RE-Recorded Exemption\RE-4994.docx • FLOOD HAZARD DEVELOPMENT STANDARDS: This area IS NOT in a Special Flood Hazard Area (SFHA) as determined by the Federal Emergency Management Agency (FEMA). pc: RE-4994 Page 2 of 2 M'.\PLANNING-DEVELOPMENT REVIEW\RE-Recorded Exemption\RE-4994.docx 0 r WELD COUNTY ROAD ACCESS INFORMATION SHEET Weld County Department of Public Works 111 H St PO Box 758 Greeley CO 80632 Phone: (970 )356-4000 x3750 Fax: (970) 304-6497 /— /2 0 Road File#:_ Date: _ RE# : Other Case ic: A 1. Applic ntNameOte e�/r->f S EsrAn5 LL - Phone 3C-S- ¢�z7-767/ Address a7 9/ e City ViE577 1(/U`TF.Statefc. Zip go63.1 2. Address or Location of Access ..L 0[0 K.b I- - Section...163 Township / Range I _—Subdivision Block Lot Weld County Road#: Z. Side of Road./'t0frf _ i l �'Distance from nearest intersection /MILE Y.14'. - °F 'A i R 3. Is there an existing access to the property? Yes- X___ No #of Accesses '7- 4. Proposed Use: � // /XI-Permanent (VResidential/Agricultural ( Industrial J S (� / ' ( Temporary ( Subdivision ( Commercial (-Other ✓ 5i ct/7C `1t 5 5. Site Sketch ' Legend for Access Description: AG = Agricultural RES = Residential O&G = Oil&Gas . L ^ D.R. = Ditch Road "AA to S.4 ❑ = House 2 YA O = Shed , �L A = Proposed Access 4 z- + = Existing Access i M 3 V !(- A 5c; T LJ? �G Z close axialo.a C � Accts re rtl—itn lei A 2Ls Let RES Le+C Rcs3USK OFFICE USE ONLY: Road ADT Date Accidents Date Road ADT Date Accidents Date Drainage Requirement Culvert Size Length Special Conditions LA Installation Authorized ❑ Information Insufficient Reviewed By: Title: (7 ( weld county planning ueparrmenr GR.' OFFICE F1H ( 571110 RECEIVED Le" , Memorandum TO: Kim Ogle, W.C. Planning ll DATE: February 12, 2010 fit L r/ Cte Q U • FROM: Mary Evett, W.C. Department of Public COLORADO Health and Environment CASE NO.: RE-4994 NAME: Cherry Knolls Estates LLC Environmental Health Services has reviewed this proposal to exempt 3 lots off of a 252.7 acre parcel. Proposed lot A will consist of 11 acres, proposed lot B will consist of 29 acres, proposed lot C will consist of 34.9 acres and proposed lot D will consist of 177.8 acres. All 4 lots are currently vacant. There is a residence and business proposed on lot C. The business was approved under USR-1721 which stipulated that a commercial well and an engineered designed sewage disposal system will be required for the proposed business on lot C. Residences are proposed on lots A, B, C and D and an individual well and a new sewage disposal system will be installed on each lot when a residence is constructed. The following conditions are recommended to be part of any approval: 1 . A Weld County Septic Permit is required for the proposed homes and business 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 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. Jan 13 2010 2: 12PM IiiiLASERJET FAX • P• 1 FACSIMILE TRANSMISSION SHEET al 0 Weld County School District RE-3(J) 99 W. Broadway, P.O. Box 269 - Keenesburg, CO 80643 Telephone: (303) 536-2000 FAX: (303) 536-2010 DATE: gran 13,MO TIME; &:O(D No. of Pages: a Including cover page TO: FFAX#: 970-3(...7q-‘04/9YL COMPANY: 4rk - G 11ntmrr1A.tr FROM: % u.. TITLE: act ntm ewe f COMMENTS: ❑ Urgent ❑ Please Acknowledge Receipt ❑ Please Call Me ❑ Please Forward To ❑ Please Notify *Confidentiality Notice* This fax transmittal Is Intended only for the use of the individual or entity to which it is addressed and may contain information that is privileged, confidential and exempt from disclosure under applicable law. If you are not the intended recipient of this transmittal or an agent responsible for delivering this transmittal to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this transmittal or the information it contains is strictly prohibited. Misdelivery of this transmittal does not constitute waiver of any applicable privilege, If you have received this transmittal in error, please notify us immediately by telephone and return the original transmittal to us at the above address by mall. Thank you. Jan 13 2010 2: 12PM H�LASERJET FAX • p. 2 Please contact Kent,at Weld County School District Re-3J,at 303-536-2905 to set up an appointment to pay Recorded Exemption Fees. January 13,2010 Weld County Department of Planning Services 918 10th Street Greeley, CO 80631 Case Number: RE-4994 (Cherry Knolls Estates,LLC) Dear Planning Department Official: This project provides for a recorded exemption within the rural area of Weld County School District Re-3J. Although recorded exemptions,individually,represent a small increment of the total housing stock,the cumulative effect of several such approvals is exerting a considerable negative effect upon the school district's ability to provide adequate educational opportunities for the resulting students. Additionally, the substantial separation of these units from other more densely populated areas increases school transportation costs, further eroding the amount of funds that can be applied in the classroom toward educating the students. The school district's Board of Education is opposed to approval of additional new housing without adequate mitigation of land costs. However,in the event that the County Commissioners decide to approve this application, Weld County School District Re-3J respectfully requests that these exemptions be required to mitigate the costs of providing land for school sites as explained below. Site Issues Based upon the district's school capacities and site size standards,the proposed exemption would generate the need for less than one acre of land;the cash equivalent would approximate $1,232.00 per single-family housing unit(see Table 1). Therefore you will owe$4,928.00 based on having 4 lots. If approved,it is requested that this amount be paid to the school district as a cash-in-lieu of land dedication for each new unit allowed(Lot A, B, C,&D). Recommendations The Board of Education remains very concerned about the recent trend toward accelerated residential activity throughout the district and the ensuing enrollment that will follow, as well as the district's physical and financial ability to serve that growth. Approval of additional residential development without a ready and identified means of providing appropriate infrastructure would not demonstrate good stewardship of the public trust, As stated before, cash-in-lieu of land of$1,232.00 is requested for each single-family housing unit which totals$4,928.00 for 4 lots. Without such mitigation, the district will recommend that the application be denied. Sincerely, Susie Townsend Superintendent of Schools Weld County School District Re-3J MOLLY SOMMERVILLE eHANAN P.C. . Molly S. Buchanan 1580 Lincoln Street, Suite 700 msb@msbuchananlaw.com Denver CO 80203 Telephone: 303.825.0416 Fax: 303.825.3202 February 12, 2010 Via e-mail and Federal Express Kim Ogle Planning Manager Weld County Planning Services—Greeley Office 918 Tenth Street Greeley, Colorado 80631 Re: Cherry Knolls Estates (Four-Lot Recorded Exemption) Weld County Referral Township 1 North, Range 65 West Section 33 (Portions) Weld County, Colorado Dear Kim: I understand that Weld County has received an application for development from John Vandemoer ("Applicant") for property in Weld County described as portions of Section 33, Township 1 North, Range 65 West ("Property"). This law firm represents Anadarko Land Corp. and Anadarko E&P Company LP (together the "Anadarko Entities") with respect to applications for development that the Applicant files with the County that include the Property. The Anadarko Entities together own all of the minerals that underlie the Property. Please find enclosed a letter dated February 12, 2010 entitled "Notice of Oil and Gas Interests owned by Anadarko Land Corp. and Anadarko E&P Company LP and Objection" which I ask that you provide to the Planning Commission and the Board of County Commissioners to be made a part of the record in the proceedings. Please send notices of future hearings on applications filed in connection with this matter pursuant to C.R.S. § 31-23-215, C.R.S. § 24-6-402 (7) and C.R.S. § 24-65.5-101, et. seq. to the Anadarko Entities as follows: Anadarko Petroleum Corporation 1099 18th Street, Suite 1800 Denver, Colorado 80202 Kim Ogle M February 12, 2010 Page 2 Thank you for your consideration in this matter. If you have any questions, please call me. Best regards, Molly Sommerville Buchanan, P.C. Molly S. Buchanan MSB Enclosure cc: Marla Jones, Esq. Andrew Voelker John Vandemoer MOLLY SOMMERVILLE I CHANAN, P.C. • Molly S. Buchanan 1580 Lincoln Street, Suite 700 msb@msbuchananlaw.com Denver CO 80203 Telephone: 303.825.0416 Fax: 303.825.3202 February 12, 2010 Via e-mail and Federal Express Members of the Board of County Members of the Planning Commissioners for Weld County Commission for Weld County 918 10th Street 918 10th Street Greeley, Colorado 80631 Greeley, Colorado 80631 NOTICE OF OIL AND GAS INTERESTS OWNED BY ANADARKO LAND CORP. AND ANADARKO E&P COMPANY LP AND OBJECTION Re: Cherry Knolls Estates (Four-Lot Recorded Exemption) Township 1 North, Range 65 West Section 33 (Portions) Weld County, Colorado Ladies and Gentlemen: This law firm represents Anadarko Land Corp. and Anadarko E&P Company LP (the "Anadarko Entities") with respect to the application that has been filed with Weld County by John Vandemoer ("Applicant") for the approval of an application for development for property described as portions of Section 33, Township 1 North, Range 65 West in Weld County ("Property") and also for subsequent applications for development that include the Property. The Anadarko Entities own the minerals that underlie the Property. The Anadarko Entities wish to give notice to the County of the oil and gas interests that they own under the Property and object to the approval of a final application for development until an agreement is reached between them and the Applicant with respect to the oil and gas. The following are comments in support of this Notice and Objection: 1. The Oil and Gas Interests Owned by the Anadarko Entities. Anadarko E&P and Anadarko Land together own all of the oil and gas that underlies the Property. Current Colorado Oil and Gas Conservation Commission rules and regulations provide for five well site locations in a quarter section where the Property is located, one in the center of each quarter quarter section and one in the center of the quarter section. Members of the Board of aity Commissioners and Planning Commission for County • February 12, 2010 Page 2 The Anadarko Entities would like to enter into an agreement with the Applicant wherein the Applicant would waive state and local setback requirements, among other things. 2. Applicant Had Notice of the Severed Mineral Interests at the Time he Acquired his Interests in the Property. Union Pacific Railroad Company gave a deed to Leonard Meek and others dated February 18, 1904 and recorded March 12, 1904 in Book 208 at Page 451 in which it reserved the minerals. The Railroad granted the minerals to Union Pacific Land Resources Corporation by quitclaim deed dated April 1, 1971 and recorded on April 14, 1971 in Book 644 at Reception No. 1565712. Applicant had record notice at the time he acquired his interests in the Property that the minerals were severed from the surface estate and that he received less than the entire interest in the Property. 3. The Anadarko Entities Have Entered into Many Agreements with Developers. The Anadarko Entities have extensive mineral interests throughout Colorado where the surface estate and the mineral estate have been severed and have worked with many parties who wish to develop the surface estate in order to assure the compatible development of the surface and the oil and gas. The Anadarko Entities have had initial discussions with the Applicant to reach an agreement; however, because the parties have not reached an agreement to date, the Anadarko Entities object to the application and request that the County make any approval of a final application for development for the Property conditioned upon an agreement between them and the Applicant. Very truly yours, Molly Sommerville Buchanan, P.C. Molly S. Buchanan MB/sa Enclosure cc: Marla Jones, Esq. Andrew Voelker John Vandemoer 36 51 II JJ 34 - 36 53 JI JS I 34 sJ 66 et 11 -M 33 36 ]I Sr as 64 16 05 4 3 f 1 0 6 4 s t I e 6 ► s E 1 6 6 4 s t 7 10 .. 7 h 9 10 11 II 7 h 9 _ 10 11 It h 9 I0 It IL qc......".% 1' • 17 10 14 IJ 16 77 70 • IS 74 I 16 1 I7 00 • 16 14 10 111 I7 10 le 54 03N�4(V (YAtiA5W 03N64W ; !..43N63W- - �:.' i"! ■1 `tt� M t4 19 M il' !rr t3 14 M • :I e1 :J :a 19 Eo n `�n to 7. w m I.Lr.VIT.-- . 09 06 27 33 06 30 29 58 E7 e6 55 10 I9 i 06 57 . 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Date: RE# : Other Case *: A /U0 l($ F$rAPzc L L Phone " 1 Applic ntName ^�/.��'� S e rr"30.3- g�Z7-76�/ Address:a J 9/ C JRC Cit AS. 1In(M PState� Zip 80d:a 2. Address or Location of Access Xf 0 e, A t Section, ._Township f Range 4 .6 �_Subdivision Block Lot Weld County Road#: 2_ Side of Road/Y Drift _ Distance from nearest intersection ra5o if Roma (3K 3. Is there an existing access to the property? Yes X No #of Accesses 7- 4. Proposed Use: � Permanent (✓Residential/Agricultural ( Industrial / 5*?31 2� //`/� 5 ( Temporary ( Subdivision ( Commercial ( Other ,} /7 5. Site Sketch Legend for Access Description: • AG = Agricultural ---I RES = Residential _ O&G = Oil&Gas 4„ D.R. = Ditch Road I- D • = House gO = Shed •.9 , V A = Proposed Access y + = Existing Access I. . t` n 3 4Le. ACcEs'< '45,5 ,4„ ,x,62-2,6 • OFFICE USE ONLY: Road ADT Date Accidents Date Road ADT Date Accidents Date Drainage Requirement Culvert Size Length Special Conditions U Installation Authorized El Information Insufficient Title: Reviewed By: (7 ( CERTIFICATE OF CONVEYANCES WELD COUNTY STATE OF COLORADO DEPARTMENT OF PLANNING SERVICES COUNTY OF WELD PREMIER TITLE AGENCY OF COLORADO hereby certifies that it has made a careful search of its records, and finds the following conveyances affecting the real estate described herein since August 30, 1972 and the most recent deed recorded prior to August 30, 1972, LEGAL DESCRIPTION: SEE ATTACHED EXHIBIT A CONVEYANCES: Warranty Deed recorded 7/10/ 1985 at Reception No. 02016487 Warranty Deed recorded 7/16/1975 at Reception No. 1665126 Special Warranty Deed recorded 9/19/1966 at Reception No. 1495231 Special Warranty Deed recorded 9/19/1966 at Reception No. 1495230 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 PREMIER TITLE AGENCY OF COLORADO, is hereby limited to the fee paid for this certificate. In Witness Whereof, PREMIER TITLE AGENCY OF COLORADO has caused this certificate to be signed by its proper officer this 8th day of July, 2009. PREMIER TITLE AGENCY OF COLORADO qadIUMMOrittOttitte By: Jacqueline Bartlett, Title Officer s • EXHIBIT A A TRACT OF LAND LOCATED IN THE SOUTH HALF OF SECTION 33, TOWNSHIP 1 NORTH, RANGE 65 WEST OF THE 6TH P.M., BEING FURTHER DESCRIBED AS FOLLOWS: BEGINNING AT THE EAST QUARTER CORNER OF SAID SECTION 33 AND CONSIDERING THE EAST LINE OF SAID SECTION 33 TO BEAR SOUTH 00 DEGREES 24'00" EAST, AND WITH ALL OTHER BEARING CONTAINED HEREIN BEING RELATIVE THERETO; THENCE SOUTH 00 DEGREES 24'00" EAST, ALONG THE EAST LINE OF SAID SECTION 33, A DISTANCE OF 2299.85 FEET; THENCE SOUTH 90 DEGREES 00'00"West, 880.10 FEET; THENCE SOUTH 00 DEGREES 24'00" EAST, 330.00 FEET TO A POINT ON A LINE BEING PARALLEL TO AND 30 FEET NORTH OF THE SOUTH LINE OF SAID SECTION 33; THENCE SOUTH 90 DEGREES 00'00"WEST ALONG SAID LINE BEING PARALLEL TO AND 30.00 FEET NORTH OF THE SOUTH LINE OF SAID SECTION 33, A DISTANCE OF 3016.05 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY OF THE DENVER HUDSON CANAL; THENCE ALONG THE EASTERLY RIGHT-OF-WAY LINE OF SAID DENVER HUDSON CANAL BY THE FOLLOWING TWENTY(20) BEARINGS AND DISTANCES: NORTH 46 DEGREES 40'14"WEST, 357.65 FEET; NORTH 86 DEGREES 13'37"WEST, 202.17 FEET; NORTH 54 DEGREES 32'12"WEST, 89.02 FEET; NORTH 10 DEGREES 48'09"WEST, 68.13 FEET; NORTH 02 DEGREES 38'50" EAST, 345.48 FEET; NORTH 40 DEGREES 11'41" EAST, 82.74 FEET; NORTH 88 DEGREES 58'04" EAST, 195.12 FEET; NORTH 42 DEGREES 31'48 EAST, 147.60 FEET; NORTH 06 DEGREES 31'33" EAST, 190.37 FEET; NORTH 26 DEGREES 29'12"WEST, 304.31 FEET; NORTH 4 DEGREES 58'36"WEST, 132.62 FEET; NORTH 14 DEGREES 16'30" EAST, 232.77 FEET; NORTH 09 DEGREES 48'34"WEST, 157.13 FEET; NORTH 28 DEGREES 0524"WEST, 147.40 FEET; NORTH 45 DEGREES 58'57"WEST, 493.96 FEET; NORTH 70 DEGREES 15'11"WEST, 103.07 FEET; SOUTH 88 DEGREES 13'44"WEST, 160.86 FEET; NORTH 80 DEGREES 54'46"WEST, 98.77 FEET; NORTH 51 DEGREES 23'50"WEST, 89.76 FEET; NORTH 36 DEGREES 23'37"WEST, 210.54 FEET TO A POINT ON THE NORTH LINE OF THE SOUTH HALF OF SAID SECTION 33; THENCE NORTH 89 DEGREES 50'50" EAST, ALONG THE NORTH LINE OF THE SOUTH HALF OF SAID SECTION 33, A DISTANCE OF 5130.73 FEET TO THE POINT OF BEGINNING. COUNTY OF WELD, STATE OF COLORADO. • s �• J "•i ,�•'. ';�li.,; .A _'1:s.'',..:r :'..;;V, rid• - ..r'.5�:i::�:r.'e:: -r,��. _ np ri� aa'V. .,3': �:'7.:.r; ';•�i +r. kty"it;,;r. �Jt:•rte` :....,�,. is l.�•'� 's:..•. fr '.17'..:' , ,I<' :il:.. :ljl'Zlu. :'.-•;r, sits:., l_'�:;_;,. „i'... i• .`i,r,. �V I'. ills �Yi;,t S 3"'•'� -':.n i. ,! :•i�'r'7�� 1,.:si.. :'i1r:i,;:.l'ti - � . �� .I,. _ •.l:,, ;.;;': .f-t et: .4.,.;i�l-_ . _+.' rir'�'t t-s:,. ':r :� ��• i': ..t. . t'�"�'? sas` n S,-.•.,J. d . •: ' "11�t. ,`.:.• t �...,7;1' �.Yn ... .... 'Sid'::;.r^..^:��I..,I..:.:, ;,.- C:t•�i,'�i'-�'�':;.;:,.i;. -!4:i: _ !f. '1'-• ./:. .:.f:• ,,• ;t• ..tip::;�. r r �. F11. tis",. ;•�tt;%' • • S. Rn.,nl.•,i m SEP 1 9 1966 R,rtptunh .n. 14J5230 .. ..axtt S�OHS6 it - .3 .--_-. Ilrr..nlor. I<Irl't1ltOhll•S STAMP ill ,'1 .0 Pins I KEN, aloe,this Ninth tiny of August f" 1a 66 .hrtwten Shriners Hospital for Crippled �� Children. a Colorado Corporation i a a.rtmratrn:,duly en:natant and tootling ulna.,an r a Ian'by pmrruh,•:an,. If a.' d. of the Stale of reb.n.dn,of the fin,pan.nail II ..J'• •j Dale E. Cichner and Janice 0. Eichner ?; • of the nattily of Well Ir . nail Santo of Colorado,of the reread peril �� %VITN iO RF 1'll.That IL,'rata party of the(inn purl,fur Mal.a.•.rr... r,li,m of ihr of OTHER GOOD AND VALUABLE C'ONSIOERATION ANO ONE HUNDRED AND NO/100 - ) to Mr relit party of the first pan.m halal he air said - 7J es hereby it --' mimes of Ow',omen!purl, the rani• +u,•rmf n hereby it n,nfwn•d an.l nesnuw'lnlerd.hes granted.IMrenmed•mold and r.ayered and'n•Ih,vr pn•n.up.dm«ern..lewean. ' sell.ran,•,..nn.d mark,.ants•:“. pir:ra-sit low,.•taond lair:.no:too tonne. '•nnuwn.hat in Jnr trn.nned the mirror.,at them.that asacne mad the brtrr nwhl ersmgnt}of own run•rwrr ton rev,all the bdh,wiug riMrl dr.r m lot ay Intend of haul.aiUmte,I•me nod home In the I'sound;of Weld :: -- rd rahandn,In::It: aryl gU,tr .l An undivided one-half interest in and to I! 'i the South 1/2 of Section 33. Township 1 North. U Range 65 West of the 6th P.:-t. • li 1?sate... .r:: I 0 ' 10(gGil- +1a� �I " •'p II i.TP-T,n,olh-r win,nil and singular the hrradita.nrnts ands l,i' •� ',•giar,or ho anywise lag,nail Or.revenant, nod n'r.rn,nnl, milletader and renta.ml r},nnur moues•end prefits thereof: goal all 1i tar �m. !estate.right,title.interest,glint and demand w$atsoeeer,et the mull pen;at tiio first part either in law or; equity.at.In end to the nllmr bargained premises•with the hcrrditm,ents nail appurtenances:TO DAVE AND 1. •:'1 TO MOLD the said premise,aloe bargained and described,with the appurtrnnuree,meta iithe meld parties of the mend part.tilt survivor of nem,their assigns and(he g . g forever, bens end assigns nl swig wtYlhw �! I' And the null port;of the tint part,fur Itself nail Ita AIRrr}„f}.fayelnlal and agrees In and nUb the mold i' parties of the errand pant the run.ror of them, their neatens anti the hours pail assigns..t ouch s.nrrirar, the I: ,j odor.hurgu'nd premises in the quint nod peaceable W'savaetna of the said parties n the rota•.! I - • of then,their Insigne and the het,and aeatgns,d}ash turrm.r,ngnlnpt nil and ere cart,the lnn law. Ii •�sr.i' it fully clowning or to claim the,rhult or nn• ewers Iwrsnn nr F ps taw. II i )part lhennt.by,through ur under the sold moray of the first part.b l•� WARRANT AND FOhEfglt DEFEND. ui lf�`,r• i IN WITNESS WItEltEOr,The anal party at the firs:part has caused Its rn •i scribed by Ile Preeltent.and, n, rnlc awn,'a In-her.•nnla aifiued nitrate.by its Serrcb intreth owe in he der andonto r,r p amt ahorc written. rpn ry,the der and yevr G� :l III AYtel: Shriners Hospitals fo ,.Crippled ll t ) , Children r"`(; m yh ,re _. ll Oi rge R. Sa/uiiide s •"„ ' Iii STATF.OF COLORADO. I s - - - pn, Harold Lla � , II county of ( l"L •.,.' ,II The withal and foregamg Instrument was acknowledged in.arc me this • '�t I 3! :h ,by dn1.of II ns the rreeide',t nil i� us the Seeretmy of any cammiesien mares II ' Wittman my hand and*Mehl seal. . .. meer'r M1uie.• .. No.LISA. prga•,ai w tulusNar seep in 11115 rvra e- _,' -•roeu.w.na�'I}.,e rn .,iM r,.e,w.r.lo:1•Kia Sam n....1.IF mg,414.•••••1.. I _ 6.a. »,ten. ii } • • (+t i'�IJ s fun I (yltA{n •Z e - r� �, II t r cc.•i ' 11.r,r4 .,r� 1 v �2„- 1 5 JJ'a � r � 1, Aii l` ' i 4� *61t •rr lf' �iLi I, I IV 1 I1 ` a I I .. v ,f' tin" L' . ' � 1 •.ir.:y i:.. Q•Yi °,;t 573 /. `, 14:15'4:;SU 4-7." gi• n I STATE Of CALIfO1:N1A I rat o COUNTY Of LOS ANGELES I CS. I f " f On this 1 day of / •i: appeared Harold Lloyd, to me nersonn 19`6 . before me y noun, reo dente fu Sh sworn. 4' hyYw did say a that he, the said lldren, Lloyd w h the Presidento ofat on r that Hospitals the s for seal etl Children,instrument the within the c corporation, and s affixed tot said i maidu ins! is me corporate anal sa itl car oration and that the maid instrument was of corporation, in behalf of said corporation by authority oardi o and sealed a:.., Harold Lachy nt Its Board of Directors, laid erntiofl said ina[runent to be the free act � j and deed of said ry rnarntiop IN TESTIMONY WHEREOF, of ! have hani seatr set hand and a ff Lxed my official seal the a 1 day and veer ••s• a.12.-_ -t., '•' IS -T JOHN E.LtdfEIGN ,7:1-ten. ' It a::u>,Ntde Ihsta..y ub. ''"i•---,o . V--. for r a All feorrnsmia 'y Con.aisF nn Expires*.-__,________- - r ''ONNI M-@'IGH %pi res: M.-__,__un,m...v,.'—x rJ. ItA9 v STATE Of ILLINOIS I COUNTY Of COOK I I v i• _. bfa On this �� day of (.ecd� C.y� appeared //George )t��'-a'underu, 171L' t" beta re me i sworn, did say that ai me Freon he, the said G pre H. Saunders, xh° being duly of Shrines Hospitals for Crippled is the Secretary Il p .a xI tion, and the sealChildren, t� affixed xud to said instrument Ithe within named corpora- of said corporation, and that the said instrument the corporate seal `scaled in behalf ty was It of said corvoratLon signed and v Directors, and Senree M. Saunders ac:nowledaud authority of nss Board of '��the free act andsaid instrument deed of said corporation. to be TN TESTIMONY MHEREOF, I have hereunto set cs f my hand and affixed day andmy official seal the year last above written. l �1 .. dG�e. � / -7,-; +Tr Jj,� rn ' C.4-c-I LC/ C• . L/ .Jc Vt.tK, js ,tLml,l.. ,Av to r�. Pu a for lane s Y _ .r r ,(n l/ ""AA.(,, b .. Commission Expires:-le7 — '.4—C.at..-4,L l i 5 / H J 7 •.-.t 1. b Aw 7 n. h 4. may ..` • • • , • . - . 4 0 • •.l"i• ^,V: :ilr.hL. •.•:,. LN ::11 :R.:,• f'.li 1`... 'J.� ;e 'a u„ ::� ilk: ;,. ,,:•.,, �J'''1' �r•� i. ,°, �v�:I• ,.:-....i..:-....1::::r'% :`lam n' ',!; -I _ _ sl '''':•••••••:,..„:1::', • .,._ yj. 1 r. ! - l I y�,ay;?(:. ',;k„rlllr-� .-A_.,ti •�L;_.+t:. , •, ,rf.. •1.t 7 " ..ii:'.,.'.:)','"..• .t ?y.'e •... I .5.-s e.• • IE.^ ., :1. 'tu.•.Y •:.0-..:,......' � ._.'oleo ,I-';o .. ,�,' ; '.. ,I. : .....i � ! •Revcrdrl rat .:I_9a rb )I, .. _.SEP 19196E.. I' 1 ', J•; 573 npteyn ii,j 1J5{31 Rtes ....it So. lfrff: Kee-order. �,;,•.'r�, 1 It Rrt1RDF.lrs STAMP t.I ,,..4:,,•-'' ,. ,1 ' r,:, Till.nhr:D. Ah,ar li Ninth the:. ••r August:. II /. '+ ',•?• c.66 .hei,n,n Shr.ners Ilospi:a' iir rr•ppled I' _ • Children, a Caloiatlo Cori+ci ,i f.vn, :t .*.... ... a•port.,M unn dupe',rammed and eR•.u,tg node. •N,1 I.• rotor of lln•tans • y;•- e.f Ow Slnle of reelorad•r••r the fire,purl.and - •• _• Howard H. Eic}.ne: and '-irrilvn Z. E:chner tl t e. •of the r.nnnv of 1.OICI _ h '.1.,_ ;.nil State of l'rdom,le.of the second poll: • ' . f ,TITS f•IS►TII.Thal the said party of the f..rl part(is,nos en rnmidt•raln•n of the Saul ref OTHER GOOD it ' AND VALUABLE CONSIDEILITION 1:•:D ONE HUNDRED AND ?0/100 - - - -PD1.1.Atis, , _ , , Is.the acid party nr the first part.la kW.,••y Ihr said pasta•. n memo(Our annul parr liamemo(whereof,s nrn•1•e II • -. '/ ranfeosetl nod nrha.nrlalins.:n•emoted.Ictrtaul.d.coht awl tonere..I and ler•;..er nrre•.d,'toes Grant.!amain. S • ( 1 e .-. ern.convey and moron'note the raid ss,llrr of the em-nel Nat.nut N,st non'h,r..464.,...,Ind:is past Imam,.• , , I -,/ . the.err r,r..r of thee,,their a.rren..,mil the h.era•..•.i ne.rn, d such rw peep f••n'vrr,all the fdl„avnc•L.••rll..lI- • :' (• •• rJ •H , .n• ,r i r „ ......:2-J +C'M.L ,._ ,•1'. ton_ L:' .f eid ,r.1..ale 'I .. A ••f Cottoned...stn -it: '-'1. 1 x ,et An undivided one-half interest in and to li •: the South 1/2 of Section 33. Township 1 North. Range 65 West of the 6th P.N.,• .. II ,a r v • — II �. .1 • ii�r.uawNc15., fu:T:Y- =.- - u� I •'° "1--".'•.....“•:•.' ,, rff }tii -. - J 1r f ,, - / I. 4. .'ii 11 I_ Il t�mot+! .I ii :�I&t•' Together with all and ringulnr the lirneditmmeot,used appurttnovern tivrnnt••hianpwg,or In anal:r appertain• i ;';n;:,� . .' mg.nail the reversion and rrvernrnne.remainder nod rrneaimlem.rent.. lumen seal pronto thereon; and all the it z. estate,right.Lille,interest.clam and demand whclsnever.of the wild party of elle Mot pan, either In lux-••r .i ! 1'S r:- equity,of,iii and tr.the L••nrn beersaint'd premixes.with Ihr liereilitamr•,u nail nppurteuunre's;TO 11:V11. AND 11 r,,,:•}�' Ti)11111.0 the said orenoa,minter hergnirled and described.With the hpL•Irlenanees.unto ti '- - 7?��,:�,' the said parties of the second pan.Ow rur'nnr of them.their meimoe and t! . •ii and amen:of each Aimee., it i • ti.-at,',;'. • forever. :F'`� ,": .. ::'•r And the slid pail,.n1 DivCirri part,fir Itself Real its,ureeeenn.covenants sod..!*errs In and with thespiel Ii 'r"-',,„1 ,`5,..;•.•i.• j parties of the second dual.the survivor of them.their mina..Mid the holm sail assign. .1 sash rorrn'nr.lion . j;e'-'. olave I„Rgaine,l person..in the quirt mid peorenlde p • ton of the weld porters of the Inwood port.tileaar,rnr ••L :ii f .1 them.Meer nsargns and the!win nodnorms.,d arch anewtonrrlr,w,newton all nail every person or persons law- it •;�!�,, •, ,•.e• fold rlmmmg or to chilnt the whelp or any a 'Srparty port, 11 'p ;�:•.'-•, li_i•♦; y Inert thereof.hr,thorn•h .r under the raid of the tint rt to .-R?"• ••'+'. WARRANT AND ronEvKlt IlB}F.dl. e. 1'• � I\11"ITNIntS wtteukflI,Jtte add port has rnoanl tin corporate acne'in din hen"mrta sole. '••',,,'�• porgy of tin•din, •'.t �'r _ I scribed by Its Prnnldeot,amt sh,(I•nry,•rolr oral la lee hereunto ofiixwl,nllnhd ley It,Srrr,tar'.the dnr cad peer 1 � '' i' nest spine-c written. I / I I - :,, .+�[ ti A1Mnt: I +ii Shriners Hospitals for Crippled II ,. j ! Children r '',...'i'''.:•: 1 I /:� ll/ I �-f-1 Lt L 'Wit; .ill',Cr :r; ,-.V•''';.. II , ,'Geo a H. Sauhdefs ar.e.r.'` ; ' .! SfAT►.DF COLORADO, (` Harold 1.10 .;•:•:•:.,./....;•.- ,.�. 0 - :•a:'i`; I cn,,:.trof 1 :1 ' I.AY•epert I ,'',•r ,•'r!; s The xitlein nod foregmna Innlranwnl was nrh.,wlyd:r, ,l l„-'err,oe/pi, ,hey or {..49:. r-I II is ,by as she PIehIlenl seal I . i as the Secretary oft. .4%••••• % •:- i I I �'It' — • I My eantmssa,on eaptrea I 0 i I - II Minnss in;hand amt affletsl seal. • •'�.'e g, f t4•yi. }• .n.Ma. %eYs•isl.icNNANTT hens TO lmvt TNYAYtn-1',,a+roll.a" ;��i• —nn,M•a41•M..a.!',r„••L1..,...,.,.:1.t.Apt inn...11..n+.slim,:. `.. l C.,t 5 �M.1—" , Il l • er III II ' 1, r::,',.,,-.,•:,-,saI� 1 t �t� t •• I t 5 L I J ( [ t ,-,,,,;.2; I I. 9 X33!!__ `Iy� P ls ;1,1‘ I ` 1 ' Y. • '1 IS ,� .. 573,. ❑: : " t4.J5.�31. , � . STATE OF CALIFORNIA 1 ) SS: -' l -.$ COUNTY OF LOS ANGELES ) - On this ti— day of I appeared Harold Lloyd, to me persona ' 19�( , before or I 1,°.t.',,- did say that he, the said Harold Llo'dy is n the'President who 4 of f a Sh inern, I Hospitals for Crippled Children, the within named corporation,•!ands < • i ) l' R' that the seal affixed to said instrument is the corporate seal a - said corporation, and that the said of f:• in behalf of said corporation by instrument was olyde o and sealed authority ofInstrument its B the of Directors, t and Harold Lloyd aid acknowledged r said lnstrunenc to be the free act .--,....../:'.,,,,,,,.' and deed of said corporation, t " IN TESTIMONY anY ffi,ed F, I have hereunto het ./.r.,.°N,.; my hand and affi,ed ed my official seal the ' day and year ltsc above written. ,"„-f„,pp1^HV E.McVFIGH 4 .s uY�t+ .. •. 1 •1 `' • " i`u is or all torn a La �_ '•/ b m • M.velew Hy Commies ion Expires: My Gcm>,....:.,..,. om Ja, Wet / 'r ' J a sa "t STATE OF ILLINOIS ) COUNTY OF COOK ) 55: J y In ( a g on this day of (..,? i •! appeared George , wnlF , before me b B hat She, the, i me cgso na y ders is being duly e sworn, did say that he, the said Ge ge M. Saunders, is the Secretary 2,. .4":;. , of Shrinora Hospitals for Crippled Children, the within named corpora- -• '"' Lion, and the seal affixed to said instrument is the corporate seal 9 'P and that the said instrument was signed and Y 6�a ''•� 1._ sealed in behalf of said corporation by authorityard t Directors, and George M. Saunders acknowledged said of instrument tof o be ' I the free act and deed of said corporation, IN TESTIMONY WHEREOF, I have hereunto set i •� m hand and Y affixes my offiuial seal the day and year last above /r7ittetter n, vtV•'c.�(e /Ailota�•v Fu tc ur bests j L A C.• ...Jig Cvmmt lion E L r F!p v Expires: T` t JC it, / 7, -f /� 11 Oi •,C t,nc(« f `/ ,a • ) J{{ J P* B G { sy$ ,`”,.....21,1$4312:;y44'.4',..1...._4-7..;:,v1; 41.," < e°K 'T " ee sJUL 161 stlrlu tot ar ` , ' yaat mt. E. EICHNEE. JANICE H EICHNER, • !TOWARD K. EICEH foi -and !MARILYNNE ARLYN S. EICR. ` V. " Ky .5O5d Oink d eai eat m5 d 'Meld watd 'Weld d JANICE H. EICENER..-,a6. '�- d� d WeldNei W %0 ` aolakd9samaasdi - a 11fer.via Os,M mot tleast/sROe:.sedManedAmslladetssa,d other valuable'consideration and TEN *inn ND/l00 voiL& ie a Si dapdiea oa Wdae Win W_ bda aaam.eda66ydrsl�amr•tY _b. lash aaa�i oa Sotimahap18 Y p l ._.. Yb Si sate to vat.'spay�.'wined Sob Lida p t ins S b ag.taae6 a a$ahMsasLeaYsaasasaa :sad 1s`.d.sea.iflWdYlSaaW ea4 d Weld ad sass d dlaa6.assn , All of our right, title and interest Sa and to the South half (64) of Section 33, Township 1 North, Range 65 West of the 6th P.M. 100e� an d atspia•ea addlaaa stemma=eselsblue.a is_ ens" _____ miasma eieoa poaae, l�sd'Ilrea�aa r as saYl>1da. makstla lei aemaalsaase Osalald ea el,. . ,daaSS __ a M+daRkis 9siws aepYll- •-Nirlaaallse _saga ., 'tnsnanYlllsawn sl. - ildslispas�as eamdill Mi� r�a,a, ,ys dafades,_illsara put lsd aasma twin At is Wla pt iea'.S isiael le SYea. iifae. • d ai _J-S-. a,pW4e.SP'aa ellalssis asal/ol Waaaraalea sMSllr fills is aiaallel of ere Isis "` sass d In Papa asst a deai a Settedaias'i . ofere �laldtilaeaal'M.t•ae Sas ee Y ve pSSISpaaer!iaw'Ys!��e a ed,la — -mg fir'weed fa a weed.desis45 sa.5.65.11.1011, la steiase`aa eta peR'iplssl e1 .laf lin.amass a asa'aa d SL-W dwaae -Except reservatiooneen restriction,esttrr ttiio, easements any. and rights: of ray of record and excep lair SbelepYdleaae'dapldealadeAa=ladadMdae� aair stier W . Chair lrisaa pubes nasedasssstaa prrasds4 e 1 sag sin siiiie Sitla/eaies dale Rat_ rslais be R� sa 9 SyQrW7 iesdaada Lee ilraleparse tfaMat aasei b4afeeestaYwaitllr. _:. 8. 8.x.4..-J `gF� {a -� a Calailapii waile7. N,/!X e j1 ,/aa►L 1 �s u 1 s eh i�17`�L 'u "r' J � t:' fl. traa .vanadwfl aaaaaM"i"'�'r'wr.w.aaaaraer.�...ai.a.. a c" � _��.... asss_ ..uS. 5.s�....{l.•"{-5l.Ti•mod q AR2016487 - 161076 REC 02016487 07/10/85 121217 • $6.00 • 1/002 F 0642 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO WARRANTY DEED State Documentary Fee THIS DEED,Snide this 9th day of July • Date ja..1D.4985. ii I9 85 betneen DAi F E. EICHNER AND tTANICE B, EICHNER, K/Al, $ - ,'S� as joint £anant4 with "tight a d14u1v0't44ip D.E. • I'^ of the `County of 17 aii Hope 0,a and State,,(7,1 • 4 VIC6rapE.. I CHERRY MOTS S ESTATES, A General Partnership i! whose meal adamss is P.O. Box 18897, Denver, Co. 60212 of the City and Counry of Denver and State of Colorado.grantee: WITNESSETH.That the gram,'for and in consideration of the sant ill ($214 982 00) '- 'ikD HUNDRED FOURTEEN THDUSAND NINE HUNDRED EIGHTY TO DOLLARS AND NO/100ra1.t.ARs. the receipt and sufficiency of which is hereby ackntesledged,has gra med.bargained.sold foul ennn)\d,mail by these preneatcdoes grant.bargain,sell. consts'and confirm.until the France.his heirs md assigns fnreaav all the cal pmpcny together with imps clients,if any,situate.lying and being in the County of Weld and Sane of Colorado described as litliows: SEE ATTACHED Z<HIBIT rr A tt I; I li ii it '; as known by street and number as: Farm Land, Weld County, Colorado TOGETHER with all and singular the herditmm:nts and appurtenances thereto belonging.or in niwsrise appermining,and the reversion and reversions.remainder and remainders.rents.issues and piths thereof,and all the estate.right.iliac.intend.claim and demand whatsoever of the grantor,either in law or equiy,of in and to the atom:bargained premises.with the hereditament%and appurtenances. TO HAVE AND TO 1101.0 the said premises shine bargained and described.with the appurtenances.unto the grantee.Ids heirs and assigns it tanner.And the grantor.fa himself.his heirs.and personal represent:discs.does ei niman.grant.hrcain.end agree In and with the grantee his heirs and ,I assigns.that at the time of the ensealing and delivery of these presents.he is'sell wired of the premises atone cnntsed.has good.sure.perfect,absolute and indefeasible estate of inheritance.in law,in fee simple.and has goad right.full pinker and lawful authoriy to grant.bargain,:ell and conveythe sane n manner and form as aforesaid.and that the same are free and clear from all limner and other grams,bargains.sales.liens.taxes.assessment.. 'I r encumbrances and restrictions of whatever kind or talent swegr.secs I the general real estate taxes and fi assessnents for 1985 and subsequent years; Easements, Reservations, Restrictions, ,I and Rights of Way of record, if any. The grantor shall and will WARRANT AND ItJRIiVER DEPEND the ahoce•bargained premises in the quiet and peaceable possession of the grantee. 'I his hors and assigns.against all and every person or persons lawfully claiming ttewhole oremypannicrenf.The singular number shall include the plural, t j the plural the singular,and the use of any gender shall be applicable to all genders. I; IN WITNESS IYHEREOF.the grantor has executed this deed on the dale set fort above. E, EI • a, ,e4) B. E C STATE OF//AT ..aR:unr fFt7 sa �na li (Sloan.of Ao4 e', 4 ft '' County"f � I'l ,Slate of The foregoing inslmmem w acknowledged bliss me in the Pl/CR,�k caim,do.this my or July •19 85 by Dale E. EichnerAtitt Jan4ce,•B. Eichner Pcv n Sly Omani,: espies, .I'r Wanes.liw hand and official seal. °4. :014 - — n 6fy Commission Expires Oct.31, 1985 .'+: • fM Denser,insen"City and-. . No.932A.Rev.7.84. 0.\Hw UTI Uf.Felt time l'M1uu,raPFiy Wmnb lemlend NO!.hine3n•awl'nn:4e_Lulou,nd,CrgvglJ--alnp'n.anMl fin0 ` • B 1076 REC 02016487 07/10/85 12:20 $6.00 2/002 F 0643 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, Co DeIBIT " A " A tract of land located in the S1 of Section 33, Township 1 North, Range 65 West of the 6th P.M. , being further described as follows: BEGINNING gttheeEastEast Quarter r ofsaid Corner Sectf tionaSection 33 to bear s00°24'00°E and considering with all other bearings contained herein being relative there o: thence s00°24 '00°E along the East line of said Section 33 a distance of 2299.85 feet; thence S90°00'00"W, 880.10 feet; thence 500°24'00"E, 330.00 feet to a point on a line being parallel to and 30.00 feet North of the South line of said Section 33; thence 590°00'00°W along said line being parallel to and 30.00 feet torahpointhon5theh line of said ection 33Easterly Right-Of-WaV of/the a Denverdistance of 16.05 of Hudson Canal; thence along the Easterly Right-Of-Way line of said Denver Hudson Canal by the following twenty (20) bearings and distances: N46°40'14"W, 357.65 feet; N86°13'37"W, 202.17 feet; N54°32'12"W, 89.02 feet; N 10'48'09"W, 68.13-feet: NO2°38'50"E, 345.48 feet; N40°11'41°E, 82.74 feet; N88°58'04"E, 195.12 feet; N42°31'48"E, 147.60 feet; N06°31'33"E, 190.37 feet; N26°29'12"W, 304.31 feet; N04°58'36"W, 132.62 feet; N14°16'30"E. 232.77 feet; N09°48'34"W, 157.13 feet; N28°05'24"W, 147.40 feet; N45°58'57"W, 493.96 feet; N70°15'11"W, 103.07 feet;. S88°13'44"W, 160.66 feet; N80°54'46"W, 98.77 feet; N51°23'50"W, 89.76 feet; point on the North line of the S1/2 N36°23'37"W, 210.54 feet to a of said Section 33; thence N89°50'50"E along the North line of the 51/2 of said Section 33 a distance of 5130.73 feet to the POINT OF BEGINNING 1111111!111111111111111 IIII 1111111!1111 III 11111 IIII 1111 3254498 01/19/2005 04:25P Weld County, CO 1 of 12 R 61.00 D 0.00 Steve Moreno Clerk&Recorder A% District Court, Water Division No. 1 State of Colorado 901 Ninth Avenue --- Greeley, CO 80632-2038 ij I 970-351-7300 CONCERNING THE DETERMINATION OF OCT 1 J O4 NONTRIBUTARY AND NOT NONTRIBUTARY UNDERGROUND WATER RIGHTS IN THE DENVER, flea cowry, co.o. UPPER ARAPAHOE, LOWER ARAPAHOE AND LARAMIE-FOX HILLS AQUIFERS OF CHERRY KNOLLS Court Use Only ESTATES GENERAL PARTNERSHIP, LLP IN WELD COUNTY Steven P. Jeffers—No. 17858 Case No. 2004CW16 Madoline E. S.Wallace-No. 32255 Attorneys for Applicant Bernard, Lyons, Gaddis &Kahn, P.C. P.O. Box 978 Longmont, CO 80502-0978 Water Division No. 1 Telephone: (303) 776-9900 E-mail:sjeffers@blglaw.com FINDINGS AND RULING OF THE REFEREE AND DECREE OF THE WATER COURT THIS CLAIM was filed with the Water Clerk, Water Division No. 1 on January 30, 2004. The Referee, having considered the pleadings, the files herein, and the evidence presented, and being fully advised in the premises, hereby enters the following Findings and Ruling: FINDINGS OF FACT 1. The name and address of the Applicant is: Cherry Knolls Estates General Partnership, LLP do John J. Vandemoer 8791 Circle Drive Westminster, CO 80031 303-427-7641 2. Timely and adequate notice of the pendency of this proceeding in rem has been given in the manner required by law. The Court has jurisdiction over the subject matter of this proceeding and over all persons who have standing to appear as parties, whether or not they have appeared. 3. No statements of opposition or motions to intervene have been filed. The time for filing statements of opposition and motions to intervene has expired. S 1 111Il i i!111111111111111111111111111 I I 111111 I I I I I I I I 3254498 01/19/2005 04:25P Weld County, CO Case No. 2004CW16 2 of 12 R 61.00 D 0.00 Steve Moreno Clerk!i Recorder Page 2 4. Neither the land nor the proposed wells nor the water which are the subjects of this application are located within the boundaries of any designated ground water basin. 5. Applicant seeks a decree determining and confirming its right to withdraw and to use all legally and physically available nontributary ground water recoverable from the Lower Arapahoe and the Laramie-Fox Hills aquifers and not nontributary groundwater from the Denver and Upper Arapahoe aquifer underlying approximately 252.9 acres the S%z of Section 33, Township 1 North, Range 65 West of the 6 P.M., in Weld County, Colorado ("Subject Property"). The Subject Property is more particularly described in the attached Exhibit A and is depicted on the attached Exhibit B. 6. Applicant supplemented the application herein with evidence that the State Engineer has issued, within four months of the filing of the application in Water Court, a determination as to the facts of the application. The Referee has considered the State Engineer's Determination of Facts Reports ("the Determinations") concerning the ground water which is the subject of the application herein. The Referee has also considered the Denver Basin Rules, 2 C.C.R. 402-6 ("the Rules") as they apply to the ground water which is the subject of the application herein. To the extent that anything in this decree is not consistent with the contents of the Rules and of the Determinations, Applicant has presented site-specific evidence sufficient to rebut the presumptive aquifer characteristics set forth in the Rules and the presumptive facts in the Determinations. The provisions of this decree shall control over any conflicting provisions in the Determinations. 7. The evidence indicates and the Referee finds that, utilizing the criteria set forth in § 37- 90-137(4), C.R.S. and the Rules, there is no ground water available for withdrawal by Applicant in the Denver aquifer. Not nontributary ground water in the amount of 27.9 acre feet is available for withdrawal and use by Applicant from the Upper Arapahoe aquifer underlying the Subject Property. Nontributary ground water underlying the Subject Property is available annually for withdrawal and use by Applicant in the amounts of 43.0 acre feet from the Lower Arapahoe aquifer and 56.9 acre feet from the Laramie-Fox Hills aquifer. • 8. No other existing wells withdrawal water from the Denver, Upper Arapahoe, Lower Arapahoe or Laramie-Fox Hills aquifers that have cylinders of appropriation extending over the Subject Property. Accordingly, the amount of ground water determined to be available for withdrawal and use by Applicant from the Denver, Upper Arapahoe, Lower Arapahoe and Laramie-Fox Hills aquifers need not be reduced to account for any such cylinders of appropriation. 9. Ground water is available for withdrawal from the Denver, Upper Arapahoe, Lower Arapahoe and Laramie-Fox Hills aquifers in the quantities set forth herein and in such quantities as may subsequently be determined pursuant to the provisions of paragraph 36. The withdrawal of ground water from the Lower Arapahoe and Laramie-Fox Hills aquifers underlying the Subject Property through the wells decreed herein, including the wells described in paragraph 15, will not, within 100 years, deplete the flow of a natural stream, including a natural stream as defined in §§ 37-82-101(2) and 37-92-102(1)(b), C.R.S. at an annual rate greater than one-tenth CiDocn,4s aN Selliyeb62lbg LL0UI Selo yalismpo,sy Interne,fis>1C.WWW oposml 9/12034 4.01 PM MEW On,ae one II j , 'I1I11I11lIlII111 s 11"111111 III'!111111I'll11111111111u111 CO Case No.2004CW I6 3 of 12 R 81.00 D 440: Stave Moreno Clerk&Recorder Page 3 of one percent (0.1%) of the annual rate of withdrawal. The Referee therefore finds that such ground water is nontributary ground water as that term is defined in § 37-90-103(10.5), C.R.S. Applicant shall not consume more than 98% of the annual quantity of water withdrawn from such aquifers. The withdrawal of such ground water at the rates and in the quantities set forth herein, including such additional quantities as may be determined pursuant to paragraph 36, will not cause material injury to any vested water rights or decreed conditional water rights. 10. The ground water in the Denver and Upper Arapahoe aquifers underlying the Subject Property is not nontributary ground water as defined in §37-90-103(10.7), C.R.S. The ground water is more than one (I) mile from any point of contact between any natural surface stream, including its alluvium and the aquifer. As a result,judicial approval of a plan for augmentation shall be required prior to use of such ground water. Such augmentation plan shall provide for the replacement to the affected stream system of a total amount of water equal to four percent (4%) of the amount of water withdrawn from that portion of the aquifer on an annual basis, and such additional amounts of post-pumping augmentation as the court deems necessary to avoid injury to other water rights pursuant to §37-90-137(9)(c), C.R.S. This Ruling and Decree specifically recognizes, however, that applicant may subsequently vacate designated amounts of non nontributary ground water on an acre foot per acre basis to allow for the issuance of exempt wells on the Subject Property. 1 1. In order to calculate the amount of ground water in the Denver, Upper Arapahoe, Lower Arapahoe and Laramie-Fox Hills aquifers underlying the Subject Property, it is necessary to determine, inter alit:, the average specific yield of the aquifer materials and the thickness in feet of the saturated water yielding aquifer materials ("saturated thickness"). Because Applicant has not constructed the wells on the Subject Property it has requested that the Court retain jurisdiction to provide for the adjustment of the annual amount of withdrawal allowed to conform to actual aquifer characteristics derived from adequate information obtained from the construction of wells or test holes. Pending the invocation of the Court's retained jurisdiction, the Applicant has agreed to the specific yield, saturated thickness and average annual withdrawals all of which are based upon the best data currently available and are consistent with the values set forth in the Rules and the Determinations: Overlying Saturated Sand Specific Annual Aquifer Land Thickness Yield Average (acres) (feet) (percent) Withdrawal (acre feet) Denver 120.5 0 0.17 0 Upper Arapahoe 252.9 65 0.17 27.9 Lower Arapahoe 252.9 100 0.17 43.0 Laramie-Fox Hills 252.9 150 0.15 56.9 The Referee finds that these values are reasonable. C 1Ndmeni,and SdIMg9Efi2 164414441 SehiysUempeery IMern&FAniOth8)IPraiase0 Decal,Oa 043/2004 4101 PM MEW • • • 1111(1111111111111111111111111111111111 III IIIII IIII IIII 3254498 01/19/2005 04;25P Weld County, CO Case No. 2oo4CWI6 4 of 12 R 61.00 D 0.00 Steve Moreno Clerk& Recorder Page 4 12. Well permit applications for the wells to be constructed shall be applied for at such time as Applicant, its successors or assigns are prepared to construct the wells pursuant to the terms of this decree and applicable Colorado law. Applicant shall not be required to submit any additional proof or evidence of matters finally determined herein when making application for permits for such wells. 13. The wells decreed herein from the Denver, Upper Arapahoe, Lower Arapahoe and Laramie-Fox Hills aquifers, including the wells described in paragraph 15, shall constitute a well field within each aquifer. §37-90-137(4), C.R.S.; Statewide Nontributary Ground Water Rule 14, 2 C.C.R 402-7. Water from the not nontributary Denver and Upper Arapahoe aquifers may not be used without first obtaining a decreed plan for augmentation, except as described in paragraph 10. The total amount of water Applicant is entitled to withdraw and to use each year from the Denver, Upper Arapahoe, Lower Arapahoe and Laramie-Fox Hills aquifers pursuant to the provisions of this decree may be withdrawn from any well or combination of wells decreed herein which is completed into the same aquifer. This amount includes the additional wells described in paragraph 15, so long as the total amount of water withdrawn in any year from the Denver, Upper Arapahoe, Lower Arapahoe and Laramie-Fox Hills aquifers does not exceed the total annual amount available for withdrawal by Applicant from each of the aquifers pursuant to the provisions of this decree except to the extent that such additional withdrawals are permitted by the provisions of paragraph 14. 14. Applicant may withdraw more water each year from the Denver, Upper Arapahoe, Lower Arapahoe and Laramie-Fox Hills aquifers through the wells decreed herein from each aquifer, including the wells described in paragraph 15, than the amount determined to be annually available from the aquifer pursuant to the provisions of this decree so long as the sum of the withdrawals from all wells decreed herein from each aquifer does not exceed the product of the number of years since the date of this decree times the annual amount of withdrawal finally determined to be available to Applicant from each aquifer pursuant to the provisions of this decree. 15. Applicant may need to construct additional or replacement wells in order to maintain its level of production and to recover the entire amount of ground water to which it is entitled pursuant to the provisions of this decree including any additional amounts to which Applicant is determined to be entitled pursuant to the provisions of paragraph 36. As Applicant seeks to utilize additional or replacement wells, it shall file applications for well permits in accordance with the provision of § 37-90-137(10), C.R.S. In considering such applications, the State Engineer shall be bound by this decree and shall issue said permits in accordance with the provisions of§ 37-90-137(10), C.R.S. 16. Applicant may use, reuse and successively use the subject ground water; and after use, lease, sell or otherwise dispose of the water for municipal, domestic, agricultural, commercial, irrigation, stock watering, recreational, fish and wildlife, fire protection and any other beneficial use on or off the Subject Property. The water may be immediately used, stored for subsequent use, used for exchange purposes, used for direct replacement of depletions and used for other augmentation purposes including taking credit for all return flows resulting from the use of such water for augmentation for or as an offset against any out-of-priority depletions. Such water is developed water with respect to any surface system or alluvial aquifer into which it might be C IOoameni,and SMry,ue]tfgetoctl SME.g,.T.mpora,y In1nner Fa,s101K$31Pmy,oa D.c,Etaoc 01312004 4of FA,MEW . • 111111111111111113111011111 3254498 01/19/2005 04:25P Weld County, CO Case No.2004CW16 5 of 12 R 61.00 D 0.00 Steve Moreno Clerk& Recorder Page 5 introduced. Applicant shall have the right to reuse, to successively use and to dispose of by sale, exchange or otherwise to extinction all such water withdrawn from the Denver, Upper Arapahoe, Lower Arapahoe and Laramie-Fox Hills aquifers subject to the relinquishment or replacement requirements of Rule 8 of the Rules. 17. Applicant has requested that the Court retain jurisdiction as necessary to increase or to decrease the annual amount of withdrawal allowed to conform to actual local aquifer characteristics as determined from adequate information obtained from well drilling or test holes in accordance with § 37-92-305(11), C.R.S. The Referee finds that this request is reasonable. CONCLUSIONS OF LAW 18. The application herein is one contemplated by law, and this Court has exclusive jurisdiction over the subject matter of this proceeding. §§ 37-92-203 and 37-90-137(6), C.R.S. 19. The application herein was filed with the Water Clerk in accordance with the provisions of§ 37-92-302(1)(a), C.R.S. 20. Timely and adequate notice of the filing and of the contents of the application herein was given in the manner provided by law, and this Court has jurisdiction over all persons or entities affected hereby, whether or not they have appeared. § 37-92-302, C.R.S. 21. Applicant has fulfilled the requirements of§§ 37-92-302(2)(b)and 37-92-305(6),C.R.S. 22. No statements of opposition were filed, and the time for filing statements of opposition and for motions to intervene has expired according to law. §§ 37-92-302(1)(c) and 37-92- 304(3), C.R.S. 23. Applicant is entitled as a matter of law to a decree determining and confirming its right to the water which is the subject of this application for existing and future uses. §§ 37-90-137(4) and 37-90-137(6), C.R.S. 24. Applicant is entitled to a permit to construct the wells described in paragraph 12, § 37- 90-137(4), C.R.S., and such additional, supplemental,replacement or alternate point of diversion wells as may be required or desired in the future. § 37-90-137(10), C.R.S. The initial wells permitted in each aquifer along with any additional wells shall be treated as a well field. §37-90- 137(4), C.R.S. 25. As a matter of law, Applicant is entitled to use, reuse, successively use and otherwise dispose of all of the ground water decreed herein. § 37-82-106, C.R.S.This includes the right to use said water or return flows therefrom to replace out-of-priority depletions under a plan for augmentation or substitute supply plan approved in compliance with applicable law. This right may be exercised by Applicant, its successors, assigns, lessees and contractors pursuant to §§ 37- 82-101 and 37-82-106(2), C.R.S. 26. To the extent that the provisions of this decree pertaining to the aquifer characteristics are different from or contrary to those established by the Rules and to the extent that the Findings G{pncvnmU BM SellI geb6tlbgabucil Setitg,liemW,ery Interne)FIIeMOLX63 Pmeose0 9/3/2004 4'01 PM MEW liilillil41llliilliililliil • l 264 4 801/11111,11111005111111111 2 Ste eeMorenonCle k d Recorder Case No.2004CW 16 6 of 12 R 61.00 D 0.00Page 6 of Fact herein are different from or contrary to those contained in the Determinations, Applicant has rebutted the presumptive correctness of those characteristics and facts. 27. The rights to ground water determined herein shall not be administered in accordance with priority of appropriation. § 37-92-305(11), C.R.S. Such rights are not conditional water rights as defined by § 37-92-103(6), C.R.S. The provisions of § 37-92-301(4), C.R.S. that require subsequent findings of reasonable diligence are not applicable to the ground water rights determined herein. The detcrmination of ground water rights herein need not include a date of initiation of the withdrawal project. § 37-92-305(11), C.R.S. 28. The Court may retain jurisdiction over the determination of ground water herein as necessary to provide for the adjustment of the amount of water available for withdrawal on an annual basis to conform to the actual aquifer characteristics encountered upon the drilling of wells or test holes. § 37-92-305(11), C.R.S. Applicant has given adequate notice that the amounts decreed herein are subject to increase and/or decrease pursuant to the Court's retained jurisdiction. RULING 29. The application herein is granted subject to the limitations described herein. 30. Each of the foregoing Findings of Fact and Conclusions of Law is incorporated herein as if set out in full. 31. Applicant's rights to the ground water which is the subject of this case are hereby confirmed. The water may be used for the purposes and in the manner set forth in paragraph 16. 32. Applicant shall relinquish the right to consume, by means of original use, reuse or successive use, two percent (2%) of the amount of nontributary ground water which is annually withdrawn from the Lower Arapahoe and Laramie-Fox Hills aquifers pursuant to the provisions of this decree without regard to dominion or control of the ground water so relinquished. This requirement may be satisfied with nontributary ground water return flows resulting from irrigation or by any other appropriate means. Applicant shall provide to the State Engineer an adequate annual accounting and calculations to assure that it has relinquished two percent (2%) of the amount of the nontributary ground water withdrawn by it pursuant to the provisions of this decree. 33. The ground water decreed herein shall not be administered in accordance with the doctrine of priority of appropriation. 34. The State Engineer shall issue a well permit which conforms with this decree for each of the wells decreed herein, including the additional wells described in paragraph 15, upon application therefore, subject only to the following provisions: C:bonmmema and SO 4001162*wawa,SeWngslTeMp00011M0m00 Fi es OLh6YAowawl Osage Ow 0W2004 4:01 PM MEW I • 1,10111 11111 11111 IIII111111111111III IIIII1111Ili! 3254498 01/19/2005 04:25P Weld County, CO Case No.2004CW16 7 of 12 R 61.00 D 0.00 Steve Moreno Clerk& Recorder Page 7 a. The State Engineer shall consider the water rights decreed herein as vested property rights and shall consider the ground water decreed herein to have been appropriated by Applicant, subject only to modification as provided in paragraph 36. b. Prior to drilling any of the wells decreed herein, Applicant shall apply to the State Engineer for a well permit, and the State Engineer shall issue such permit in conformity with the provisions of this decree and §37-90-137(4), C.R.S., not later than forty-five (45)days following application therefore. c. In determining whether good cause exists to grant a request by Applicant to extend any well permit issued pursuant to the provisions of this decree and §37-90-137(3)(a)(I), C.R.S., the State Engineer shall recognize that each well decreed herein, including the wells described in paragraph 15, is part of an integrated water supply system which will of necessity be constructed over a substantial number of years. d. Any well for which a well permit is issued pursuant to the provisions of this decree which is drilled within two-hundred (200) feet of the location specified in the permit shall be deemed to have been drilled at the permitted location, and Applicant shall not be required to apply for a new or amended permit. e. If Applicant desires to drill any well decreed herein, including the wells described in paragraph 15, after the expiration of a permit to construct that well, then Applicant shall apply to the State Engineer for the issuance of a new well permit at the time Applicant are prepared to construct the well. The State Engineer shall promptly issue a new well permit with conditions identical to those of the expired permit. Failure to construct any well described herein within the period of time specified in any well permit therefore shall not be deemed to extinguish the underlying water right. f. In the event any of the amounts that Applicant are entitled to withdraw each year as decreed herein are modified in a proceeding held pursuant to paragraph 36, the existing permit for each affected well shall be amended to reflect the modified amount of annual withdrawal. New permits for wells to withdraw water from the affected aquifer shall likewise reflect any such modification. g. Prior to constructing any additional or replacement wells, Applicant shall submit a well permit application to the State Engineer. In considering the permit application for any such well, the State Engineer shall be governed by the provisions of § 37-90- 137(10), C.R.S., and shall apply the standards of § 37-90-137(4), C.R.S., as if the application for any such well had been filed on the same date as the application for the original well was filed. Any such permitting action may be reviewed by this Court pursuant to § 37-92-305(6), C.R.S. h. For the purpose of its well permit applications,Applicant need not submit separate proof, apart from the terms of this decree, of any matter which has been determined herein. C lOowma saMSSU1gs%b6216}LLocalSeingstlenllwsary Interne FAea10tKAJIFmp5M 9/3/2004401 PM MEW Dec.},.w � iii iiiii iiii iii 11111111111!11111111111111111111111111LII1 Go Case No.2004CW 16 8 of 12 R 61.00 D 0.00 Steve More Glerk&Recorder Page 8 35. In constructing and maintaining the wells decreed herein, including the wells described in paragraph 15, Applicant shall comply with the following conditions: a. Applicant shall have the entire length of the open bore hole geophysically logged prior to casing or shall submit a geophysical log from another well or test hole located within one thousand three hundred and twenty(1320) feet of the subject well. A copy of the geophysical log shall be submitted to the Division of Water Resources as described in paragraph 36. b. Applicant shall case the well with an impervious lining at all levels, except the level of the aquifer from which it is entitled to produce water, in order to prevent withdrawal of ground water from other aquifers. Applicant shall also seal the well in such a way as to prevent the commingling of ground water from different aquifers. c. Applicant shall install and maintain a totalizing flow meter on each well at such time as the water diverted is beneficially used. d. Applicant shall maintain records of all withdrawals through each well and submit them to the Division Engineer on an annual basis or as otherwise requested to do so. e. Applicant shall attach an identification tag to each well or well pumphouse specifying the name of the well, the number of the permit associated therewith and the aquifer from which the well withdraws water. 36. The Water Judge shall retain jurisdiction over this matter pursuant to the provisions of§ 37-92-305(11), C.R.S. to provide for the adjustment of the amount of water available for annual withdrawal to conform to actual local aquifer characteristics. Applicant shall obtain a geophysical log for each of the wells described in paragraph 12 or a geophysical log of the applicable aquifer from another well or test hole located within one thousand three hundred and twenty(1320) feet of the subject well and may also obtain a porosity log or core sample suitable for a laboratory specific yield test. Applicant shall submit such logs to the State Engineer in accordance with the provisions of the Statewide Nontributary Ground Water Rules, 2 CCR 402- 7. Thereafter, the Applicant or the State Engineer may, by petition, invoke the Court's retained jurisdiction under the above caption and case number and request a final determination of the amount of water available from the aquifer in which the well is decreed. The petition shall state the quantity of water which the petitioner believes is available for withdrawal annually from that aquifer based upon the site-specific data. The petition shall include a reference to the sixty (60) day objection period described below. Copies of the petition shall be served by certified mail, return receipt requested, upon each of the parties hereto or the successors-in-interest, if such successors have been identified and an address therefore provided in writing. Service of such documents shall initiate a sixty (60) day period during which Applicant, Applicant's successor- in-interest or the State Engineer may file an objection to the quantity stated in the petition. If any such objection is filed, then the matter shall be set for hearing. If no such objection is filed, then the Court shall, within sixty (60) days following expiration of said sixty (60) day period, enter a final determination of the amount of water available from that aquifer adopting the quantity stated in the petition. The Court's retained jurisdiction shall terminate with respect to a COownenta aM selinget62Ihgotocs segh'gs Tempoeary In,,nel Fie OLX8TP,Po,,d 9/3/2004 a Ot PM MEIN Ce<ne.M 111 . 1111111 IIIII 111111111111111 11111 1111111 III IIIII IIII Mil 3264498 01/19/2005 04:25P Weld County, CO 9 of 12 R 61.00 0 0.00 Steve Moreno Clerk& Recorder Case No.2004CW I6 Page 9 particular aquifer upon entry of a final decree determining the amount of water available from that aquifer pursuant to this provision. 37. The nature and extent of the rights determined herein shall be defined by the provisions of§ 37-90-137(4), C.R.S. No findings of reasonable diligence are required in order to maintain the water rights determined herein. This proceeding is for the determination of the right to the water described herein for existing and future uses. The rights to the use of ground water determined herein are vested property rights, 38. This Ruling shall become final and appealable upon entry as a Judgment and Decree of the Water Court notwithstanding the retained jurisdiction of the Court. Dated: a Q A77 . Lori J. lter Water Rete ee Water Divi ion No. 1 State of Colorado THE COURT FINDS THAT NO PROTEST HAS BEEN FILED IN THIS MATTER. THE COURT HEREBY CONFIRMS AND APPROVES THE FOREGOING RULING OF THE REFEREE, AND ENTERS THE SAME AS THE JUDGMENT AND DECREE OF THIS COURT. Dated: NOV - 3 2004 Fze/�',�ti3M BY THE COURT: (, s r _ Q.L_ The Ho le Roger A. Klein 0 < ,Y �o ` District Court Judge o ' + � Water Division No. I F3y� 1.1 , p�1_ _ _ State of'Colorado 1 1;iSS�d_J Clan dcCADOcurneMe ygSehnggpe21tgo1L«M SOOngsWemporery Internet 46WOLKUPropmeE o.ae.e« 9132404401 PM MEW • • 1 111111 H1111111111 1111 11111 111111111 111111 It VIII 3254498 01119/2006 04:25P Weld County, CO Case No.2004CW16 10 of 12 R 61.00 0 0.00 Steve Moreno Clerk& RecorderPage 10 EXHIBIT A Legal Description eom ZOroe eeMs ant$elliyalp6]ItyOYeul SellirgMTea pram Internal Fi¢sWLIMAPtepose0 Ottr l/2W4 9:01 PM MEW it 111111111111111111111Ilb05 I1111111it III lil 111�aoa�ar _I 3264499 11 of 12 R 91.00 D 0.00 Steve B 1076 REC 02016487 07)10/85 12:20 $6.00 2/002 F 0643 MP.RY ANN FEIIERSTE17o CLEAR' & RECORDER WELD CO, CO D BTS " A " . A tract of land located in the S1 of Section 33 , Township 1 North , Range 65 West of the 6th P.M. , being further described as follows: Quarter Corner of said Section 33 and consi eriING at e East t considering the East line of said Section 33. to bear -SDO°24 ' GO°E and with all other bearings contained herein being relative thereto: ••" 'thence S00"°24' D0-°E along -Se Ea-s[ line -of. said. Sert; on 33 a .distance of 2299. 85 feet; . . thence 590°00' 00"W, B80 .10 feet; • Dint on a line being parallel thence S00°24' 00"E, 330 . 00 feet to -a p to and 3D. D0• feet North °said the line being line parallel to Section 30- 00 thence 59D°00'the along a distance of 3016- 05 feet North of the South line of said tsOection of,the Denver Hudson feet to a point on the Easterly Rio thence _.... ht-bf Way line of said _Denver- -Hu son - __ _.. -. thence by the Easowingrttwenty (20) bearings a^d oJstances : . Canal by the following N46°40 '14"W, 357.65 feet; NB6°13'37"W, 202.17 feet; - N54°32'12"W, 89 . 02 feet; - N10°48 ' 09"W, 6B.13 feet; . 3902°3B '50 34 E, 54- Bffeet; N4A°11 _1 E,NBB°SBD4°E, 195.12 feet; - - 1442°31'4B"E, 147.60 feet; . N06°31'33"E, 190.37 feet; N26°29.'12"W, 304.31 feet; 1PO4°58 '36"W, 132.62 feet; - N14°16'30"E,. 232.77 feet; . N09°4B'34"W, 157.13 feet; P2B°05 '24"W, 147:40 feet; , N45°58 '57"W, 493.96 feet; N70°15 '11"W, 103.07 feet; 388°13'44"W, 160.86 feet; . NB0°54 '46"W, 98•.77 feet; , N51°23'50"W, B9 .76 feet; N36°23 '37"W, 210.54 feet to a point on the North line of. the 81/2 of said Section 33;thence NB9°50'50"E along the North line of the 5: of said Section 33 a distance of 5130 . 73 feet to the POINT OF BEGINNING rEXHIBIT'' a jA :,, ?ftvl/lf� • * lb t i..r rrt,. . I • U: \ n4 •.\\ �p . pp'44 .�+ 05� 1r, CJ•p ) ri)rJ 3 ::_is. �G 1\ \ .IT, e / ,v ir_—.).--_„,'-g.-;-,-An.,.Ertl ri 5000 1 �, \Z5c)3 . r_ ,-_,,r_ta-7 .0L...‘t,_ ..._ ,„\\\..,\,1 0 41 JII WS .r. N� `i '...9 .Nara '-'---...,,1/4. ` . \ *el'` � f ' J1 N Y a' , ._ mien f _ ! / '\ YS??.a� :#,,,r--;Q v`e'�a:. \��.111 z1/4p�, '...I\1 I e {(mil ' • so, —' _ .__.•.1 ... _ �.. *soar-.. _._ .../�„ 1 -a 7W V O in I ky.,..\17 i O a �m Y 4%1HNN\.. r) ;(4 (---\ )( .y---,\_ • . o .: No 1 i r • 8 II 1 r :.... \C:).(24p- ' 1 -,off 1:%. r ( �^' cy Y/3 I Y I-" I 9 e HO-/ Is © 1' b 1 \ Sao � ,:. \ I s„....?; 1eo . Q$ n 6 IN,w" �• Y+s�• -� k \( na III \\ • • 1 Sk 3 gir.‘• \ . )171 1-- :,. W 1. ' 514- '' _ 57331 .� Y •• 9t� 'P• . 27 _— a�.___-,; 40 spg ��t :bY�s%Tyii�• P i _.,.-_ .um ,on—eaoiaoawL • Y),Pa r.PERON.Vino)? vie I 531^ona,E 1 Section 33 - - ROAD CLASSIFICATION 1 ' Township a North Primary highway, I --. WOD r Range 65 Went' hard surface IB -• rd of T.'. . XHIM. • Secondary highway, ' — hard surface - I COLD=woo I O Interstate Rout E ea' IIIIII IIIII IIIII IIIIII IIII IIIII 1111111 III IIIIII 1111111 3254498 01/19/2005 04:25P Weld County, CO 12 of 12 R 61.00 D 0.00 Steve Moreno Clerk&Recorder Hello