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Home My WebLink About20102523.tiff 1$41f1:a arli, DEPARTMENT OF PLANNING SERVICES RECORDED EXEMPTION ADMINISTRATIVE REVIEW COLORADO Applicant: Viaero Wireless RE-5002 Planner: C. Gathman Legal Description: Lot B RE-3624; Part of the N2NE4 of Section 29, T2N, R62W of the 6th P.M., Weld County, CO. Parcel I D#: 1301 29 100029 Lot A Size: +1-7.6 acres Lot B Size: +1-63.55 acres Water Source: Lot A: Cellular Tower Site Sewer System: Lot A: Cellular Tower (no water required) Site (No Septic Lot B:Vacant (Proposed Required) Well) Lot B: Proposed Septic Criteria Checklist Yes No X 1. Conforms with Chapter 22 of the Weld County Code and any adopted municipal plan. X 2. Compatible with the existing surrounding land uses. X 3. Consistent with the intent of the zone district. X 4. Consistent with efficient and orderly development. X 5. Complies with Recorded Exemption standards in Section 24-8-40 of the Weld County Code. X 6. Provides for adequate protection of the health, safety, and welfare of the inhabitants of the neighborhood and the County. Approved with Conditions The Weld County Department of Planning Services has determined through an administrative review that the standards of Section 24-8-40 of the Weld County Code have been met. This Recorded Exemption is approved with the following conditions in accordance with information submitted in the application and the policies of Weld County. 1. A Weld County septic permit is required for any proposed home. The septic system shall be installed according to the Weld County Individual Sewage Disposal System (I.S.D.S.) regulations. 2010-2523 2. The applicant has proposed a well as the source of adequate water for Lot B. Property owners are advised that the quantity of water available for usage may be limited to specific uses, i.e., "Domestic Use Only," etc. Because each situation is unique, the Department of Planning Services encourages property owners to contact the Office of the State Engineer, Division of Water Resources (1313 Sherman Street, Room 818, Denver, Colorado 80203. Phone 303-866-3581), to discuss each individual situation. 3. Prior to recording the plat: A. The plat shall be titled: Recorded Exemption No. 1301-29-1 RE-5002 B. Lot A shall be granted one access point as no additional accesses shall be granted. C. Lot B shall use the existing agricultural/oil and gas/ditch road access points necessary for agricultural operations as no additional accesses shall be granted. D. All approved accesses shall be clearly shown on the plat. The applicant shall contact the Weld County Department of Public Works to determine if a culvert is necessary at any approved road access point. If a drainage culvert is required, a 15 inch Corrugated Metal Pipe (CMP) is Weld County+s minimum size. If the applicant chooses to place a larger culvert please contact the Weld County Department of Public Works to adequately size the culvert. E. County Roads 18 and 77 are designated on the Weld County Road Classification Plan as local gravel roads, which require 60 feet of right-of-way at full build out. The applicant shall verify and delineate on the plat the existing right-of-way and the documents creating the right-of-way. All setbacks shall be measured from the edge of future right-of-way. If the right-of-way cannot be verified, it shall be dedicated. These roads are maintained by Weld County. (\( The applicant shall address the requirements of Weld County School District RE-3J as stated in the referral response dated 2/22/2010. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. /1k The applicant shall address the requirements of the Weld County Department of Public Works as stated in the referral response received 2/16/2010. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. H. Lot A 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. I. The applicant shall provide the Weld County Department of Planning Services with a Statement of Taxes from the Weld County Treasurer showing no delinquent taxes exist for the original parcel. J. The following notes shall be placed on the plat: 1) All proposed or existing structures will meet the minimum setback and offset requirements for the zone district in which the property is located. * No building or structure as defined and limited to those occupancies listed as Groups A, B, E, F,H, I, M and R in Section 302.1 of the 2003 International Building Code, shall be constructed within a 200-foot radius of any tank battery or within a 150-foot radius of any wellhead. Any construction within a 200-foot radius of any tank battery or 150-foot radius of any wellhead shall require a variance from the terms of the Section 23-3-10 of the Weld County Code. 2) Any future structures or uses on site must obtain the appropriate zoning and building permits. 3) Lot A is not eligible for a future land exemption in accordance with Section 24-8- 20.C.1 of the Weld County Code. 4) Prior to the release of building permits, the applicant shall submit a recorded deed describing the Lot upon which the building permit is requested with the building permit applications. The legal description on such deed shall include the Lot designation and Recorded Exemption number. 5) Prior to the release of building permits, the applicant shall submit evidence to the Department of Planning Services that Lot B has an adequate water supply of sufficient quality, quantity and dependability. 6) Prior to the release of building permit, the applicant shall submit evidence of approval from the Southeast Weld Fire Protection District to the Weld County Building Department. 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 Section 15-1-40 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) Prior to the release of building permits on Lot B, the Lot owner shall verify with the nearest Town/City or Sanitation District to determine the location of the nearest sanitary sewer line. In accordance with the Weld County Code, if a sewer line exists within four hundred (400) feet of the property line and the sewer provider is willing to serve the proposed structure, a septic permit cannot be granted by the Weld County Department of Public Health and Environment. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. 10 WELD COUNTY'S RIGHT TO FARM: Weld County is one of the most productive agricultural counties in the United States, typically ranking in the top ten counties in the country in total market value of agricultural products sold. The rural areas of Weld County may be open and spacious, but they are intensively used for agriculture. Persons moving into a rural area must recognize and accept there are drawbacks, including conflicts with long-standing agricultural practices and a lower level of services than in town. Along with the drawbacks come the incentives which attract urban dwellers to relocate to rural areas: open views, spaciousness, wildlife, lack of city noise and congestion, and the rural atmosphere and way of life. Without neighboring farms, those features which attract urban dwellers to rural Weld County would quickly be gone forever. Agricultural users of the land should not be expected to change their long-established agricultural practices to accommodate the intrusions of urban users into a rural area. Well-run agricultural activities will generate off-site impacts, including noise from tractors and equipment; slow-moving farm vehicles on rural roads; dust from animal pens, field work, harvest and gravel roads; odor from animal confinement, silage and manure; smoke from ditch burning; flies and mosquitoes; hunting and trapping activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and fertilizers in the fields, including 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. 4. The applicant shall submit three (3) 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 shalt be submitted within sixty(60) days from the date the Administrative Review was signed. The applicant shall be responsible for paying the recording fee. 5. In accordance with Weld County Code Ordinance 2005-7 approved June 1, 2005, should the plat not be recorded within the required sixty (60) days from the date the Administrative Review was signed a$50.00 recording continuance charge may be added for each additional 3 month period. 6. The Department of Planning Services respectfully requests the surveyor provide a digital copy of this Recorded Exemption. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles, Arclnfo Coverages and Arclnfo Export files format type is .e00. The preferred format for Images is .tif(Group 4). (Group 6 is not acceptable). This digital file may be sent to maosco.weld.co.us. 7. The Weld County Department of Planning Staffs approval of this Recorded Exemption Application is based on satisfying the Conditions of Approval. Should an applicant be unwilling or unable to meet any one of these conditions within 60 days of approval, then this case will be forwarded to the Weld County Board of County Commissioners with a staff recommendation for denial. By Date April 5, 20W Chris Gathman ❑ Planner III Plat Checklist POC Planner Item Comments Check Check Proper size and material 24"x 36" or 18" x 24"/Minimum 3 millimeter polyester sheet Lettering No stick-on lettering / Minimum 8 pt. lettering Boundaries of Lots Scale Suitable Scale?(1"=200'or 1" 100') t/ Accesses indicated Shared Access?If so, is easement Certificate included? Roads labeled,including R.O.W Building Envelope(s) /Pt Vicinity Map Suitable Scale?(Minimum 1"=2000') North Arrow Legal Description Notes from Planner/ Development Standards Conditions of Approval Owner's Certificate Notarial Certificate included?All owners must sign the plat, check the deed. Surveyor's Certificate and All surveyed plats Surveyor's Stamp Note: USR plats do not need to be surveyed Director of Planning Notarial Certificate included?(RE, SE, SPR,Final PUD if Staff Certificate Approved) Planning Commission (USR, COZ,Minor Sub.Final) A Certificate 1v'/ Board Certificate (USR,COZ„Minor Sub Final) (Final PUD,RE, SE&ZPMH if Board approved) 1%-)1A- Typical Road Cross Section (COZ,Final Minor Sub. and Final PUD) ti/A Easements N /A Please return the plat to the CAD Technician within 24 hours of receiving the plat. Planner on Call: (Initials) Planner Signature: ti� 2'L�1 Date: (f 23110 WELD COUNTY,COLORADO (I) EPARTMENT OF PLANNING SERVICES 918 10T"STREET GREELEY,CO 80631 PHONE:970-353-610//0,EXT.3540!FAX:970-304-6498 Date: , 20 I l_- 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-PUD 4221-MINOR/MAJOR SUB #OF BUILDABLE LOTS 4221-ADDITIONAL 30% FEE FOR SUB's 4221-RE-SUBDIVISIONS 4221-BOA 4221-FHDP/GHDP 4430-MAPS/POSTAGE 4430-COPIES 4730-INVESTIGATION FEE 6560-RECORDING FEE MISC. ❑CASH LI CHECK NO. ' TOTAL FEE • Receipted By: DL# Exp. Kristine Ranslem From: Kristine Ranslem Sent: Friday, February 05, 2010 10:21 AM To: 'rick.bailey@viaero.com' Subject: Case RE-5002 Attachments: Applicant letter.pdf Please see the attached letter ICristun.e rzaI+,sLevu. Planning Technician Weld County Planning Services 918 10 Street,Greeley CO 80631 970-353-6100 ext. 3519 1 DEPARTMENT OF PLANNING SERVICES 918 10TH Street GREELEY, CO 80631 PHONE: (970)353-6100, Ext. 3540 FAX:(970)304-6498 COLORADO February 4, 2010 Viaero Wireless c/a Rick Bailey 1224 W Platte Av Ft Morgan CO 80701 Subject: RE-5002 - A Recorded Exemption located on a parcel of land described as Lot B RE-3624; Part of the N2 NE4 of Section 29,T2N, R62W of the 6th P.M.,Weld County, Colorado. Dear Applicants: Your recorded exemption application is being processed. If it is determined that the application meets the approval criteria of Chapter 24 of the Weld County Code, you will be notified that the recorded exemption is approved. If the staff determines that the application does not meet the approval criteria or if staff has concerns with the application, staff may elect to forward the application for review to the Board of County Commissioners, You will be notified and asked to appear before the Board of County Commissioners at a public hearing. You will be informed of the hearing date prior to the hearing. The Board of County Commissioners will then consider your application and make a final decision on the recorded exemption. If you have any questions concerning this matter, please call me. Sincerely, Reason:I have reviewed this document Location:918 10th St,Greeley CO ° Date:2010.02.05 10:11:36-07'00' Chris Gathman Planner 1 Weld County Referral February 4, 2010 RECEIVED COLORADO FEB - 8 2010 Weld wanly Public Works Oeparunew The Weld County Department of Planning Services has received the following item for review: Applicant Viaero Wireless Case Number RE-5002 Please Reply By March 4, 2010 Planner Chris Gathman Project Two-Lot Recorded Exemption Legal Lot B RE-3624; Part of the N2 NE4 of Section 29, T2N, R62W of the 6th P.M., Weld County, Colorado. • Location South of and adjacent to CR 18; west of CR 77. For a more precise location, see legal. Parcel Number 1301 29 100029 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 G We have reviewed the request and find no conflicts with our interests. Ck, See attached letter. D Please notify me of any public hearings regarding this request. Comments: Signature Agency —P.W Date +Weld County Planning Dept. •3916 10'"Street Greeley,CO.80631 ❖(970)353-6100 ext.3540 ❖(970)304-6498 fax Weld County Referral February 4, 2010 COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Viaero Wireless Case Number RE-5002 Please Reply By March 4,2010 Planner Chris Gathman Project Two-Lot Recorded Exemption Legal Lot B RE-3624; Part of the N2 NE4 of Section 29, T2N,R62W of the 6th P.M., Weld County, Colorado. Location South of and adjacent to CR 18;west of CR 77. For a more precise location,see legal. Parcel Number 1301 29 100029 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. E 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. r See attached letter. r 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 02/05/2010 Agency Z ning Cornpl6 ce ffi r II sWeld County Planning Dept. 1.918 100,Street Greeley,CO.80631 *970)353-6100 ext.3540 2(970)304-6498 fax Apr 13 2010 10: 02AM HP LASERJET FAX P. 1 FACSIMILE TRANSMISSION SHEET 33 Weld County School District RE-3(J) 99 W. Broadway, P.O. Box 269 - Keenesburg, CO 60643 Telephone: (303) 536-2000 FAX: (303) 536-2010 DATE: t 11110 l,A$ kW TIME: IO. ,..5_,. No. of Pages: , Including cover page TO: (9-MLA skihnafil FAX #: ea V 44cte COMPANY: _2,;(21,..04 H 611. t7. & k1Jm2ifW FROM: 4/bliD TITLE: I,CQJ]?7iii 1, LJ72/1.71 COMMENTS: 490/1/iitty -SODS — Urgent ❑ Please Acknowledge Receipt Please Call Me Please Forward To LJ 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 Et 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 mail. Thank you. Apr- 13 2O1O 1❑: O2AM HP LASERJET FAX P. 2 We'd County School Pletrrcc Re-3(J)/99 Weal Broedwey 1 P O.Box 269/Kee neabury,CO 80843 Tel:(303)536-2000 t Fax:(30)936-2010 WELD 3J April 13,2010 Weld County Department of Planning Services 918 10th Street Greeley, Colorado 80631 Case Number: RE-5002 (Viaero Wireless % Rick Bailey) Dear Chris Gathman: Thank you for your recent referral for the property belonging to Viaero Wireless, Please accept this letter as evidence that Weld County School District RE-3J has no objection to the Recorded Exemption. Recorded exemption 5002 will allow Lot A to become the site for a telecommunication tower and supporting hardware. If more than this letter is needed for your dealings with the county please let me know. Sincerely, Susie Townsend Weld County School District Re-3J cc: Rick Bailey Feb 23 2010 2: 20PM HP LASERJET FAX P. 2 Caaf;telii Please contact Kerrie,at Weld County School District Re-3J, at 303-536-2003 to set up an appointment to pay Recorded Exemption Fees, February 22,2010 Weld County Department of Planning Services 918 10th Street Greeley,CO 80631 Case Number: RE-5002 (Viaero Wireless) 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), 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 B). 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-faruily housing unit. Therefore,the total due to Weld County School District RE-3J is$1,232.00 for Lot B. Without such mitigation,the district will recommend that the application be denied. Sincerely, Susie Townsend Superintendent of Schools Weld County School District Re 3J Feb 05 10 03:23p Administration 3037324629 p.1 1 Print Form Weld County Referral February 4, 2010 111:116 Co COLORADO The Weld Cc unty Department of Planning Services has received the following item for review: Applicant Viaero Wireless Case Number RE-5002 ;Please Rep y By March 4,2010 Planner Chris Gathman Project Two-Lot Recorded Exemption Legal Lot B RE-3624;Part of the N2 NE4 of Section 29,T2N, R62W of the 6th P.M., Weld County,Colorado. `Location South of and adjacent to CR 18;west of CR 77. For a more precise location,see legal. Parcel Nun;ben 1 301 29 100029 The applica ion is submitted to you for review and recommendation. Any comments or recommendation you conside-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 Ian 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 n 3w information may be added to applications under review during the review process. If you des re to examine or obtain this additional information, please call the Department of Planning Si!rvices_ ✓ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan Gc We have *viewed the request and find no conflicts with our interests. E See attac7ed letter. f Please nc Iffy me of any public hearings regarding this request. Comments Signature Thomas Beach,Chief a tti, �-y�' Date 2/5/2010 Agency Southeast Weld Fire Protection District -*veld C anty Planning Dept *18 10th Street Greeley,CO.80631 '4970)353-6100 ext3540 '4970)304-6496 fax Print Form Weld County Planning Department GREELEY OFFICE FFR ?_2?nln (44 ‘rjlt Weld County Referral February 4, 2010 COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Viaero Wireless Case Number RE-5002 Please Reply By March 4,2010 Planner Chris Gathman Project Two-Lot Recorded Exemption Legal Lot B RE-3624; Part of the N2 NE4 of Section 29, T2N, R62W of the 6th P.M., Weld County, Colorado. Location South of and adjacent to CR 18;west of CR 77. For a more precise location, see legal. Parcel Number 1301 29 100029 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 have reviewed the request and find that it does/does not comply with our Comprehensive Plan h/We have reviewed the request and find no conflicts with our interests. See attached letter. f Please notify me of any public hearings regarding this request. Comments: Signaturea#/ Date Z-7//0 Agency 5:6 ufjj elf ive Ca/ calC"a/ '1 sNeld County Planning Dept. s918 10th Street Greeley,CO.80631 (970)353-6100 ext.3540 X970)304-6498 fax Kristine Ranslem From: Kristine Ranslem Sent: Friday, February 05, 2010 10:20 AM To: Bethany Salzman; 'joanna.williams@state.co.us'; 'jeff.deatherage@state.co.us'; 'linda.brown- smith@state.co.us'; 'chris.mettenbrink@state.co.us'; 'ron.schierer@co.usda.gov`; 'kerriegurtler@re3j.com'; 'tombeach@re3j.com' Subject: RE-5002 Referral Attachments: Referral.pdf; Application.pdf; Map.jpg We have just received a case (RE-5002) in which we ask that you review the attached material and send a referral to us by March 4, 2010. Attached is the application, map and referral sheet. You may send your comments to the Planner assigned to this case, which is Chris Gathman (cgathman@co.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! fCrt stL RGT iksl,evik Planning Technician Weld County Planning Services 918 10 Street, Greeley CO 80631 970-353-6100 ext. 3519 1 Print Form Weld County Planning Department GREELEY OFFICE 11.14 1 1 ?min RECEIVED Weld County Referral February 4, 2010 COLORADO The Weld County Department of Planning Services has received the following item for review: !Applicant Viaero Wireless Case Number RE-5002 Please Reply By March 4, 2010 Planner Chris Gathman Project Two-Lot Recorded Exemption Legal Lot B RE-3624; Part of the N2 NE4 of Section 29, T2N, R62W of the 6th P.M., Weld County, Colorado. 'Location South of and adjacent to CR 18;west of CR 77. For a more precise location, see legal. ;Parcel Number 1301 29 100029 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. I— We have reviewed the request and find that it does/does not comply with our Comprehensive Plan Ix We have reviewed the request and find no conflicts with our interests. See attached letter. I- Please notify me of any public hearings regarding this request. Comments: Signature ge,( A---1 Date 2/9/2010 Agency Colorado Division of Wildlife %VNeld County Planning Dept. 181810m Street Greeley,CO.80631 x(976)353-6100 ext.3540 1(970)304-6498 fax . .p 4(14 DEPARTMENT OF PLANNING SERVICES I`g 0 NORTH FFICE 918 10O Street COLORADO GREELEY,CO 80631 PHONE: (970)353-6100, Ext. 3540 FAX: (970) 304-6498 t'-- Application being submitted: f i c t* `x \" Pi h PrLc,,fec! f ? Submittal fee: c Check#O i i.=(c- Cash Name of person submitting: ' f <<. f .t1 Contact name(if different from above): el ( f( Telephone number: 3 70 -7 Lf Ce (o L-) Li E-mail: 1;.,{k , gc&f.S< <> E c ,e � The Department of Planning Services is accepting the paperwork for this Land Use Application with the understanding that the application has not been determined to be a complete application with all of the appropriate documents and exhibits. The Department of Planning Services will determine prior to the end of the next business day whether the submitted documents are in compliance with the Weld County Code,and as such,shall be deemed a complete application. The Department of Planning Services shall also determine prior to the end of the next business day whether the submitted fees are appropriate for the requested application. Should there be a discrepancy with your application, the Department will contact the applicant/applicant's representative via telephone. Land use cases will not be set up or processed until the requested application materials have been submitted and the appropriate fees paid. Thank you for your assistance and cooperation. I understand and agree to the conditions stated herein: s` � 6:4..A. ji Signature • Signature of staff member received from: / Date: ' lunge APPLICATION FLOW SHEET COLORADO APPLICANT: Viaero Wireless CASE #: RE-5002 REQUEST: Two-Lot Recorded Exemption LEGAL: Lot B RE-3624; Part of the N2 NE4 of Section 29, T2N, R62W of the 6th P.M., Weld County Colorado. LOCATION: South of and adjacent to CR 18; west of CR 77 PARCEL ID #: 1301 29 100029 ACRES: 63.55 +1-Acres Date By Application Received Application Completed 2/2/10 CG Referrals listed 2/4/10 KR Vicinity map prepared 2/4/10 KR File assembled J/611D Case logged in computer Letter to applicant mailed r Referrals mailed Field check by DPS staff Administrative Review decision: Board of County Commissioners hearing (if applicable) Date _ By County Commissioners Hearing Date Surrounding property owners notified Presentation prepared CC action: CC resolution received ate By Plat recorded and filed �/ f,,� � ,_)?�; 1 �� z Overlay Districts !: Zoning Agricultural MUD Yes No_x_ IGA Yes No_x_ Airport Yes No_x_ Geologic Yes No_x_ Flood Hazard Yes No_x_ WELD COUNTY,COLORADO i EPARTMENT OF PLANNING SERVICES 918 10TH STREET GREELEY,CO 80631 PHONE: 970-353-6100,EXT.35401 FAX:970-304-6498 Date: 20 Receipt No. 3 `„ I Received From: Permit Type No. Description Fee 4221-RE/SE 4221-ZPMH 4221-USR 4221-SITE PLAN REVIEW 4221-CHANGE OF ZONE 4221-PUD j 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. RECORDED EXEMPTION (RE) APPLICATION FOR PLANNING DEPARTMENT USE DATE RECEIVED: RECEIPT/AMOUNT# IS CASE#ASSIGNED: APPLICATION RECEIVED BY PLANNER ASSIGNED: Parcel Number 1 3 0 1 _ 2 9 _ 1 _ 0 0 _ 0 2 9 (12 digit number-found on Tax I.D.information,obtainable at the Weld County Assessor's Office,or w ax,co.weld.co.us Legal Description Part of the NE 1/4 , Section 29 ,Township 2 North, Range62 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 No FEE OWNER(S) OF THE PROPERTY: Name: Russel and Laverne Pemberton Work Phone# Home Phone#303-550-7584 Email Address Address:127 Eudora Drive City/State/Zip Code Thorton,CO 80241 APPLICANT OR AUTHORIZED AGENT(See Below:Authorization must accompany all applications signed by Authorized Agent) Name: Rick Bailey Work Phone# 970-768-6464 Home Phone# Email Address rick.bailey@viaero.com Address: 1224 W.Platte Ave. City/State/Zip Code Fort Morgan,CO 80701 Lot A Lot B Lot C Lot D Smaller Parcel Water Source None Required Proposed Well Type of Sewer None Required Proposed Septic Proposed Use Tower/Grazing Farm/Grazing Acreage 7.61 63.55 Existing Dwellings? If Yes, list address If Yes, list address If Yes, list address If Yes, list address jittj below: }} below: l I ' ` below: below: #� NO 37 7ff 4 N NO . ,(te�L L, :�t If the property is vacant or unimproved write proposed wafer source and propose1 sewer system tor each parcel in the blanks above.'or ✓ example,if a well and septic is proposed state:proposed well,proposed septic. I (We) request that the following described property be designated a Recorded Exemption by the Weld County Board 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, notarize vidence must be j Iuded`showing the signatory has the legal authority to sign for the corporation. r / op y' Q Signature: ner Authorized Agent Date Signature: Owner or Authorized Agent Date 0 ( RECORDED EXEMPTION (RE) SUBMITTAL CHECKLIST APPLICATION REQUIREMENTS: X One original recorded exemption application form plus three copies. The application must be signed by all persons on the deed, an authorized agent with a letter from the property owner(s) granting authorization, or if the property is owned by a corporation - documentation indicating that the person signing is authorized (officer of the corporation)to sign the application. One digital or eletronic copy of completed application materials, if required X One original completed Recorded Exemption questionnaire plus three copies. )C One legible 8-1/2"by 11" map drawn to include the following items plus three copies. North arrow n Estimated boundary of the property All existing and proposed lots(including approximate size in acres) Easements and/or rights-of-way Existing roads/highways abutting the property All existing structures including: dwelling(s), mobile homes, outbuildings, pens, irrigation ditches, oil and gas well production facilities, or other unique characteristics X One original Weld County Road Access Information Sheet plus one copy. Clearly indicate all existing and proposed accesses(residential, agricultural, oil and gas, ditch,etc). X One copy of a legible deed or legal instrument identifying the applicant(s interest in the property. /1/A Two copies of a letter from the water district, municipality, or a copy of a well permit(s) indicating existing service or availability of water service to each proposed lot. If using a well, please complete the attached �` � Water Supply Information Summary. �v LL Two copies of any existing septic system permit(s)on each lot or one copy of a letter from the sanitary sewer district indicating existing service or availability of sewage disposal to each proposed .' lot. One original Certificate of Conveyance(COC)form and all attachments provided by the title company. One copy of statement from the Weld County Treasurer showing no delinquent taxes exist for the original Aparcel. One original Acreage Waiver form, if applicable. .f Application fees Packets shall be bound with either paper clips or binder clips (no substitutes) in the order listed below. Applications bound in any other fashion may be returned to the applicant without review. Packet 1 will contain - one original of the following; application, questionnaire, map, Road Access Info Sheet, one copy of deed, one copy of water district letter or well permit, one copy sanitary sewer district letter or septic permit, one original COC and any attachments, one Weld County Treasurers Tax Statement, one Acreage Waiver form (if applicable). Packet 2 will contain -one copy of the following; application, questionnaire, map, one copy of water district letter or well permit, one copy sanitary sewer district letter or septic permit. Packet 3 will contain - one copy of the following; application, questionnaire, map, one copy Road Access Info sheet. Packet 4 will contain -one copy of the following; application, questionnaire, map. Updated 08-01-09 (1 ( RECORDED EXEMPTION (RE) QUESTIONNAIRE 1. Water supply statements addressing the following: a. Domestic Use. b. Irrigation Water No water will be required this is an unmanned tower site. 2. A statement explaining 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. No sewage will be generated as this is an unmanned tower site. 3. A description of how the property is being used. Currently the property is being used for the production of native grass. 4. A description of the location,size,present and future use of the area where the proposed new lot(s)will be created. The 63.55 acre lot is located in a portion of the NE 1 of the NE%Section 29,Township 2 North Range 62 West of the 6th Principal Meridian Weld County Colorado. Currently the lot is being used for the production of native grass. When the Use by Review application is approved for Viaero Wireless Lot B will be 7.61 acres and be used for a telecommunication tower and supporting hardware. 5. A statement describing any unique physical characteristics on the site. There are no unique physical characteristics on the site.The lot is currently gently sloping grass land. 6. A statement indication where a primary building envelope and/or alternative building envelope will be designated on any of the lots. There will be no alternative building envelop on the lot. An attached site plan will designate where the tower and building will be placed. 7. Is there a Business or Use by Special Review permit on the property. Currently there are no Special Review permits on this lot, although an application dated December 2009 is in process far the insulation of a tower and supporting buildings. Weld County Treasurer Statement of Taxes Due Account Number R2674104 Parcel 130129100029 Assessed To PEMBERTON RUSSEL L& 12734 EUDORA DR THORNTON,CO 80241 Legal Description Situs Address PT N2NE4 29-2-62 LOT B REC EXEMPT RE-3624(1.47R)SITUS:WELD 00000 WELD 00000 Year Charges Billed Payments Balance 2008 Tax $79.28 $79.28 $0.00 Grand Total Due as of 12/22/2009 $0.00 Tax Billed at 2008 Rates for Tax Area 2448-2448 Authority Mill Levy Amount Values Actual Assessed WELD COUNTY 16.804000* $22.53 AG-DRY FARM LAND $4,630 $1,340 SCHOOL DIST RE3J 26.196000 $35.10 Total $4,630 $1,340 LOST CREEK GROUNDWATER 0.818000 $1.10 (LCG S.E.WELD FIRE 5.764000 $7.72 AIMS JUNIOR COL 6.323000 $8.47 HIGH PLAINS LIBRARY 3.260000 $4.36 Taxes Billed 2008 59.165000 $79.28 Credit Levy ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE LIENHOLDER OR TO ADVERTISING AND DISTRAINT WARRANT FEES. CHANGES MAY OCCUR AND THE TREASURER'S OFFICE WILL NEED TO BE CONTACTED PRIOR TO REMITTANCE AFTER THE FOLLOWING DATES: PERSONAL PROPERTY AND MOBILE HOMES-AUGUST 1,REAL PROPERTY-AUGUST 1. Weld County Treasurer P.O. Box 458,Greeley CO 80632 1400 N 17th Ave,Greeley CO 80631 (970)353-3845 ext.3290 WELD COUNTY TREASURER Pursuant to the Weld County Subdivision Ordinance,the attached Statement(s)of Taxes Due, issued by the Weld County Treasurer,are evidence that, as of this date, all property taxes, special assessments and prior taxes liens currently due and payable connected with the parcel(s) identified therein have been paid in full. /7 Signed Date - .r„..„4 y REFERRAL UST Name: IG11 4 i- LijU rti,_ ' - Case#: (:)r7. VI OW i.&j I' P1 Co_unto Towns & Cities Fire Districts Attorney _Ault _Ault F-1 _Health Department _Berthoud Berthoud F-2 _ Extension Office Brighton _Briggsdale F-24 _Emergency Mgt Office-Ed Herring _Dacono _Brighton F-3 Sheriffs Office Eaton _Eaton F-4 X Public Works _Erie ^Fort Lupton F-5 Housing Authority _ _Evans Galeton F-6 Airport Authority _Firestone Hudson F-7 _Building Inspection ___Fort Lupton Johnstown F-8 Code Compliance ft-Ann,S-Beth _Frederick __LaSalle F-9 Kim Ogle(Landscape Plans) _Garden City Mountain View F-10 Lin (Addressing Change of Zone) Gilcrest _Milliken F-11 _ _Ambulance Services __Greeley _Nunn F-12 _Grover Pawnee F-22 State _Hudson _Platteville F-1 3 X Div. of Water Resources _Johnstown _Platte Valley F-14 _Geological Survey ____Keenesburg „�Poudre Valley F-15 _Department of Health Kersey Raymer F-2 Department of Transportation ___LaSalle )C Southeast Weld F-16 Historical Society _Lochbuie Union Colony F-2D _Water Conservation Board Longmont Wiggins F-18 Oil & Gas Conservation Commission Mead _Windsor/Severance F-17 Milliken _ Division of Wildlife New Raymer Legal LA-I-6 12E 7t.i P{-iv 1,40-1 der-214:4 South Hwy 66(Loveland) (fie/ I'Irl{2 _Northglenn Parcel ID# '36 f c t ej _North Hwy 66 (Greeley) _Nunn Zone Paff, Acres? �3 45 Division of Minerals/Geology _Pierce USDA _Platteville Airport /Vb Soil Conservation Districts _Severance Geo Haz ti Big Thompson/ FTC _Thornton FP? Mt> Panel # _Boulder Valley/Longmont _Windsor IGA? NO ORD# )(_Brighton/SE Weld MUD? No _Centennial Counties _Greeley/West Greeley _Adams Platte Valley _Boulder _West Adams _Broomfield _Little Thompson _Larimer I l I Federal Government Agencies Other _US Army Corps of Engrs X School District RE-. _USDA-APHIS Vet Service Central Colo.Water Conservancy Dist Federal Aviation Admin (Structures _RR over 200 ft or w/in 20000 ft of Pub _Ditch Company, Airport _Art Elmquist(MUD Area) Federal Communications Comm Commissioner Weld County Planning Department GREELEY OFFICE MEMORANDUM FFR 18?nl1 RECEIVED TO: Chris Gathman, Planning Services DATE: February 16, 2010 1111D e am/ FROM: Donald Carroll, Engineering Administrator, Public Works �W" COLORADO SUBJECT: RE-5002, Viaero Wireless 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): (June 2002) WCR 18 and WCR 77 are local gravel roads and require a 60-foot right-of-way at full build out. There is presently a 60-foot right-of-way. These roads are maintained by Weld County. Pursuant to the definition of SETBACK in the Weld County Zoning (23-1-90), the required setback is measured from the future right-of-way line. REQUIREMENTS: Road Access Policy: (Policy Established Sec. 8-2-10) Direct access from a public road will be limited to one (1) per legal parcel, except as further limited or restricted by zoning or subdivision regulations. Additional accesses may be approved by the Department of Public Works or the Board of County Commissioners. This policy shall apply to all new and existing accesses within the unincorporated areas of the County. Properties within municipalities or other counties which access County roads are subject to this policy. If a drainage culvert is required, a 15-inch corrugated metal pipe is the County's minimum size requirement. If the applicant chooses to place a larger culvert, please contact the Public Works Department to adequately size your culvert. (Lot A, 7.61 acres) Contact the Public Works Traffic Engineer for new access requirement. (Lot A, 7.61 acres) Utilize the existing agricultural, oil and gas, and ditch roads that are necessary for your agricultural operation. 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. The Assessor photo does not show a Lot C. The applicant is identifying it as a subdivision exemption on this plat. Summary: Is it Lot A of RE:5002? Flood Hazard Development Standards: This area is not in a Special Flood Hazard Area (SFHA) as determined by the Federal Emergency Management Agency(FEMA). Contact Amy Burry, Utility Coordinator for Weld County Public Works, at (970) 304-6496 ext. 3764 for a Right-of-Way permit for any work that may be required in the right-of-way on WCR 18. A special transport permit will be required for any oversized or overweight vehicles that may access the site and may be obtained by contacting Amy as well. pc: RE-5002 M:IPLANNING--DEVELOPMENT REVIEW\RE-Recorded ExemptionWRE-5002\RE-5002.docx WELD COUNTY ROAD ACCESS INFORMATION SHEET Weld County Department of Public Works 111 H St PO Box 758 Greeley CO 80632 Phone: (970)356-4004 x3750 Fax: (970) 304-6497 Road File#: Q U►2 /- Date: .114,//O RE#: � Other Case#: 1. Applicant Name/J_'a ,-0 `- 4 r!' ./ tx. e/as . .. ."vs, ) Phone 9;10 - 76 fr.-4i,4, <1 Address !7 3 &ex /Ate.ty' ,.,• City ro, fM,��..G✓? State 60 Zip_ycs r 2. Address or Location of Access 1t}5-x'it/.y f• OP :Li Ap.,:, G Al 11'4-4/f ta)647 21d,(' 5L4 Section -Zr) Township Z., Range G2 Subdivision ,. Block Lot Weld County Road#: I Side of Road 7.7 Distance from nearest intersection: 5.2. 3. is there an existing access(es)to the property? Yes No V #of Accesses 4, Proposed Use: ' Permanent e,; Residential/Agricultural O Industrial 4 Temporary' Subdivision O Commercial Other 5 E 5;k Tot,z.-.- 5. Site Sketch Legend for Access Description: AG = Agricultural RES = Residential ___,J / L______ 0&G = Oil&Gas C Q.R. W Ditch Road O = House Ar [ • = Shed J A —Proposed Access A =Existing Access 7 ***********k*•********k***k***k***k**Irk OFFICE USE ONLY: Road ADT Date Accidents Date Road ADT Date Accidents Date Drainage Requirement Culvert ' Size - Length Special Conditions installation Authorized - information Insufficient Reviewed By: Title: -9- 1 7_1:-..-:.:..., ...1. ''':-Iii, • °!.,!-L.:: •- I b-ti E :.,2.':''-: ' '' :' i:'-'- Q T • yF. J - - I 5,:.2::t=ii,Cr I 4:-.• _ _ _ • v. is .n.: . 27,5 ;N c34 _il,L.:1 I - - 1\ LI-'.r 1 : • _ `I :: ___ _ ____. ..:-..;. . • . '• yy A:- f:— _. _ yip N _ II I+ _ _I - I t, •� Li.r :� ••• (� T -- - j. _ v. Y a p� -"-.1 �Pr' .1.., :\I I H L. 7,4 • .. § __ rest = tts _ . . - i�• - - - I-' Es -€ ., Y_ - -I - •E- - I _ 2,..6. c al p- Y I :,,tr., ia,,....,. y=, _v. ..�rf,4-n , r .4;• ...ma . Weld County Planning Department GREELEY OFFICE R. IFR ? qq 2Ctn ECE V ED . rit(f„,7 „, Memorandum TO: Chris Gathman, W.C. Planning DATE: February 19, 2010 • FROM: Mary Evett, W.C. Department of Public COLORADO Health and Environment CASE NO.: RE-5002 NAME: Viaero Wireless Environmental Health Services has reviewed this proposal to exempt 7.61 acres from a 71.16 acre site. Proposed lot A will consist of 7.61 acres and a Use by Special Review application has been submitted (USR-1730) for a telecommunication tower on this proposed lot. As no employees will be located at the site, permanent water and sewer are not required. Proposed lot B will consist of 63.55 acres and is currently vacant. An individual sewage disposal system and an individual well will be installed on proposed lot B 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 home septic systemand 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. • TITLE DEPARTMENT-DELIVERY TRANSMITTAL MOMMINIoll eri l t 5586 West 19th St. Suite 1000 title Company Creeley,CO 80634 Phones(970)330-4522 Fax: (866)828-0844 UPDFILE NUMBER: 439-H0259806-820-GRO DATE: December I6,2009 PROPERTY ADDRESS: Vacant Land,Roggen,CO 80652 BORROWER: PLEASE DELIVER TO THE CUSTOMER LISTED BELOW: TO: Viaro Wireless PHONE: Rick Bailey FAX: 1224 W.Platte Ave. EMAIL: Fort Morgan,CO 80701 NO.OF COPIES: 1 ROUTING METHOD: mail ABOVE IS A LIST OF CLIENTS TO WHOM THE ATTACHED MATERIALS HAVE BEEN DELIVERED. SHOULD YOU HAVE ANY QUESTIONS REGARDING THESE MATERIALS,PLEASE CONTACT Heritage Title Company AT THE ABOVE PHONE NUMBER. WE SINCERELY THANK YOU FOR YOUR BUSINESS. CERTIFICATE OF CONVEYANCES WELD COUNTY STATE OF COLORADO DEPARTMENT OF PLANNING SERVICES The HERITAGE TITLE COMPANY hereby certifies that it has made a careful search of its records, and finds the following conveyances affecting the real estate described herein since August 30, 1972, and the most recent deed recorded prior to August 30, 1972. LEGAL DESCRIPTION: Lot B,Recorded Exemption No. 1301-29-1-RE3624,recorded October 7,2003 at Reception Number 3114256,being a part of the North %2 of the Northeast %of Section 29,Township 2 North,Range 62 West of the 6th P.M.,County of[Weld],State of Colorado. ONVEYANCES (if none appear, so state): Reception No. Book 1100 Page 335 t/ eception No. 1638657 Book 717 t!Reception No. 1638658 Book 717 ,/Reception No. 2171293 Book 1224 ;/Reception No. 2171294 Book 1224 Reception No. 2975939 Book VReception No. 3074829 Book (Reception No. 3114256 Book Reception No. 3280096 The certificate is made for the use and benefit of the Department of Planning Services of Weld County, Colorado. This Certificate is not to be construed as an Abstract of Title nor an opinion of Title, nor a guarantee of Title and the liability of HERITAGE TITLE COMPANY, is hereby limited to the fee paid for this Certificate. In Witness Whereof, HERITAGE TITLE COMPANY, has caused this certificate to be signed by its proper officer this 9th day of December,2009, at Fort Collins, Colorado. Heritage Title Company Order No.459-H025980 -820-GR By: ✓ � Authorized Signature R Revoke Nu... tt90g 748 ANN SPOIVa ft 1i.. (j��((�� _ 3 , a..we gey_ .•.._.ti g..... ... _-.e„ ... 0.4 u. B .L.tit1 PM E • MOO-O Meetly Made this 20th of October.` 'In the ` ' year of our Lard IMO Ihousa d nine hundred and Fai ty two between -1 '- Paul F. Fransou 3 of the County of and'Sttite of C4torado,of the 'r tp.n,aad Petal F. Fransen and Eleanor rranaen-- : e►r .i.'. .. . m ' - _ , of tile County et Wald' end Slated Cofirady-ot the ' aecoird'part: wmassl TH, That the said Psi'&7thr first pert.;grand fa cond4deratfou: the war st,' --One dollar and other root and valuable cons lmevat :0ne wit, to the said part y of dm feat part In landePald the said parties of the second part. the receipt'*thereat is hereby confessed and acknowledged, ha S granted bargained,sold and conveyed,and by these presentee dd eC Brat.bargain,sell. convey and confirm unto the raid partite of the second put. not in tenancy in common but In joint tenancy, the survivor of them, their assigns and the heirs and ufigoe of such survivor;brewer.all the follow- ' fag described lot 3 or parcel 3 of land. shone,VIM and being in the ' County of 11Eild and State of Colorado,to-wilt phe ltortlioaat quantal` (,ry) of 3ect!_on ?aenty-nine (29), in nviiah;p Two (2), Mort'..) of .'.ante 31xty-two (62), West of the 6t;.: r. r., ...Vold County. Colorado, coa'AlninC 160 air'ts more or lea::. ' (L'0 ^, *3LiATI0ii: L0YZ Aril) it?i`.CTI01) TO0RTHRR with all and singular the hereditament%and appurtenances thereunto belonging. or in any wise appertaining,and the reveraina and reversioae, remainder and remainders. rents issues and profits thereof; and all the estate, right, title, interest, claim and demand whatsoever of the said part y of the first part, either in law or equity. of. In and in the above bargained premises, wills the heteditamenes and npportenaecee. TO HAVB AND TO HOLD the said premiers above bargained and described.with the appurtenances,unto the said parties of the second part, the mellow'of them, their assigns, and the heirs and assigns of such survivor forever. And the said tenet :/ of the frost part.for►7f,fn eel r,hia heirs, exceutorr, and administrators. do OS covenant, grant, her{nla and agree to and with the said parties of the second part, the survivor of then. their assigns and the brim and assigns of such servieor,that at the lime of the ensuing and delivering of these presents, 5.3 well seined of the menthes above conveyed,as af'good. sure, perfect. absolute and Indefeasible estate of inheritance,in law.in fee simple,and ha S good right,fell power and lawful authority to grant, bar- • gain.sell and convey the same ill manner and form aforesaid,and that the same are free and clear from all former and other grants, bargains. Bales. hens, tarn, assessments and fact nibrances of whatever kind or nature soccer. and the abnec bargained premises in the quiet and peaceable possession of the said parties of the second part. the survivor of than, their assigns and the heirs and assigoa of such survivor,against an and every person or persons lawfully claimed or to claim the whole or any part thereof• the said pert of the first part shall and will WARRANT AND FOREVER DF.FEND. IN WITNESS WHEREOF.the said par; of tbt first part ha ' hereunto net ' 13hand and seal the day and year first above written. Signed.Stunt and fretirerrd in the Presence of r, ( n•— -..................... ) (SEAL) STATE OF COLORADO. } ,.,.. C of\Yek1. ss+ The foregoing instrument was acknowledged before me this._.=_:':,._...day of oaMy ..e.,........4.4-‘,"till0C17.0.1•1:` 4`b 'a •1 :--.:0:7- e". - '� `-' '.O.:Witness my hand and Official Seal. s.• `;2..b'- '07 \,- r ou t__set t A ry mil'Commhsioa Expires Or:t e$cr e. • ), i-..14. • 'r iM..'4.r,.I... ,= t .. ,,�✓ **•;1%\*�_ sorer, Public WARRANT' tbrr ...aoiat Tenants—McVey Printery, G#teley. = TOOK {� ,fj °...!-'' p RowrAed at.. 1 >}� 41974 ... N e Reen$ji,n No.... v � Z r_. . '�LEE S1iCtIEE nt.YReeorQm: PAUL F. FRANsl v and ELEANOR 13. FRANBLf1 also known as ELEANOR FRANSEN 4 1 whose address fa t;r>Qeley co, County of Wald ,Stake of • i.:-% Colorado for the cousidefatiun of other a , valuable consideration and Ten and no/100 - -- Ni dollars,in hand paid,hereby set)(a) and conveys) to ClI ` PAUL P. FRANSEN Cl lI �i , whose address is Greeley County of I1 : Q' Weld ,and State of Colorado o the following real property in the -1 I County o£` WELL) .and a Stn. cc Cc'oradn,to wit: # An undivided one-half (1/2) interest in and to each of the r` following parcels of property: 1. Lots One (1), Two (2), Three (3) and Four (4) and the East Ralf (EA) of the Northwest Quarter (NW4) and the East Ralf (LA) of the Southwest Quarter (Si4) of Section Thirty-one (31), Township Two (2) North, Range Sixty-one (61) West of the 6th P.i1.; 2. The Northeast Quarter (NL1tl) of Section Twenty-nine (26), Township Two (2) North, Range Sixty—two (62) West of the 6th P.N.; 3. Lot Ten (10), Block Eleven (11), FOURTH ADDITION TO WILSIIIRL, an addition to the City of Greeley; 6/. 4." 9lij ref with all its appurtenances,and warrant(s) the title to the same,subject to reservations, exceptions and conditions of record. Signed this — //4. day o£ MSS�u..,.,,_, 197'1 . ..hail�:c..��,, ' +�11.GLrY1.Ct.r'rr.c.l..,.... E F:""�'irArisen' r, .rl'i cr. LL le w Y, eanor rft'fi n a�fca' a' or Fr$nsen E..t 1•.0 S 6TE OP COLORADO, 1 r >' e, ---• ab. �.. SOt t County of %Il D • Y � @regoing instrument was acknowledged before me this /44th I fit, 1�RAN ---- ,1974 ,by PAUL 10. FRANSI and LE4NOll B. p�_`, also known as Eleanor l�ransen. o t 1 4Y ceinfi9esion expires i/i s/?7 •-••Rlitbelni,ny hand and official seal. y ., (L-20,— 1 (1.,,, Notom Public Stalrieyj A.O...dodgnontrlt b natural nr,eo or persons hora Mom-Loom.name Or oornoo;if by ofri0lal 04100107 00 d afinrneep-lo-f l then taaert namo orya non no rxreuter ottoman- -f�aceor ottheer OO0T0ae01O w dnlcl$n. ilea;If by ofelccr or aori.oratlon late bulen 000,0 0l ouch amour or or(Itera Cm Is.Tr rtaenl or ether off.....of arch iar- aeration naml0;IL Na 8$T. {Oorrealr Lnd•�41ert parre�9e..Ile•1• J t3,C.nS.reef—$redtetd Publhbioc G..111bii Meat Strait Deaver.@.luraro_.l.Tt tom Accorded at, —b'., JVN i 1974 N 717 Rueep i,t1§386§$ 3.LEE SHEHEE,JR....Recorder. PAUL F. FRANSEN and ELEANOR B. FRANSEN also known as LIZANOR FRANSEN whoseaddresaie Greeley County of Weld ,State of Colorado , for the consideration of other valuable consideration and Ten and no/100 -el dollars,dollars,in hand paid,hereby sett(a) and convey(s) to • `�► ELEANOR B. FRANSEN ` faf '4, whose address is Greeley • County of a- Weld , and State of Colorado the following real property in the i��,L+. c. , •.. o ( county ui" ,;f»:i...A:B t,vu:'Ht,V,to;r,o. • An undivided one-half (1/2) interest in and to each of the following parcels of property: a-+ 1. Lots One (1), Two (2), Three (3) and Four (4 , and the dm East Half (E1/2) of the Northwest Quarter (NWi4 and the -' East Half (Fe) of the Southwest Quarter (SW'% of Section Thirty-one (31), Township Two (2) North, Range Sixty-one (61) West of the 6th P.M.; 2. The Northeast Quarter (NE}f) n1' Section Twenty-nine (29), Township Two (2) North, Range Sixty-two (62) West of the 6th P.N.; 3. Lot Ten (10), Block Eleven (L1), FOURTH ADDITION TO WILSHIRE, an addition to the City of Greeley; jolt- 7Lll�'� r e..4Cy I with an its appurtenances,and warrant(s) the title to the same,subject to reservations, exceptions and conditions of record. Signed this --- -- day of ,1g 74, ...�.sr.+r,.E+.c�.J...a .,fiw.. Eleanor D. i:ransen aka Eleanor 1 ransen STATE OF COLORADO, .,,,..........:,� County of WELD ss. )III)I'f ''. • .•' Thit. toping instrument was acknowledged before me this I fka • da , ,19 74,by PAUL F. FRANSEN ain3 ELEANOR B. .,= QlIVANS , 'also known as Eleanor t'ransen. p�� eomt b Pion expires f�i3/1 ry .s eU`"Witptss my band and off Iola seal. `fit / /—`� `1 ae.rRC . .1...... L'�tR-0t RaOry trab11r 8rotaleey 4cksoW.dymant.-;t br noM1tUYrai r....err p:atom bore'PPM.Patna or aurora it by pasta antis;ie TIPrawn4llre or otiiafat CSDU er Y atlarepj•la•ract Baal ina¢rt,.p..x of Loewe o.ez.eutar stlorn.y-th-f of.r otiwr o x..by er Ae.arip- ota U by utticer e[soma�mtlon tfiea Iaprt Panic.t aaoh otl9cv or ernnrs sa the vsrtyta•Pt.r Otto.a[[`cato or sack oo++ potation owning 7L No.897. w.nontr OeN-9borr pone—Bea ela•ii7.C.s.Q.,rs7—Drmltord PoWrak+gCo..1B:t•O Moot Ssn.CDarer,Womb-441 AR2171293 rdedat_ B 1224 REC 02171293 02/17/89 16:02 00 1 Reception Nc F 1964 MARY ANN PEUERSR7;IN CLERK G RECORDERS WELD FIELD CO, CO Quit Claim Tent - -, THIS DUD is a conveyance from the individual(s), corporation(s)or other entltyltes) named below as — GRANTOR to the individual(s)or entity(les)named below as GRANTEE of whatever interest the GRANTOR may have in the teal property described below The GRANTOR hereby seas and quit claims to the GRANTEE the real property described below with all its appurtenances The specific terms of this deed are: Grantor (GW.norm toy mad p1Ks(r)eh..aeenee:i than Howse of Iha a..lw.-gr.ntor n prone or this o.e to t000000 tepastead rtOU,idaotey e+M7ore a husband and wr..t Paul F. Fransen, 2816 West 12th Street Road, Greeley, CO 80631. • Grantee: iOi a n.n..tst and add+.ateet.atemelent of seddrt.e.td'4ndkq imitable read er dlaet.grabs,a required.) Paul F. Fransen and Eleanor 8. Fransen, 2816 West 12th Street Road, Greeley, CO 80631. Farm ofCoDenersMp: iiiwan ano'wear MOM yre'ia..earned.nleywilt.soon.4...dlasso.001000010Me00ylgnyrlhaae NN.ores"p0 bond*nano"pleads 01100.acne forwent ere.uar.d,e ma space batow.l In joint tenancy with rights of survivorship. Property bescrlpuon: (Include county and tt.te, The Northeast Quarter (NE1/4) of Section Twenty-nine (29) Township Two (2) North Range Sixty-two (62) West of the 6th P.M.. R ,rte n Properly Address: C Re Mrvstlnm-gtasirlellAfls: in the o5nxroR fnteno,ace mown poi interest in Ins propeAr or I.convey tees than henna,or e VD the aRAM'OR Is emanating we 61SM1TE8"s now yl tho yooedy,mate xem.ia.Indt•ttded a (roamed at 1M Greeter M %.2e.4 17 .fe89 •O' 34ruWn ammo for CorpOrane..PaMaaWlp or aotep.ttns Stonelwee PAUL Cream for MpMdwilsta J Naha e!GranteeGranteeCorporalloe,pa•M.r7aae a✓<ISOfrYtuoll n s-+_ RANSEN UMW . an _ i Dy Gran+a ' Arlrs[ �'�^ aantoa STATE of COLOR t yCOu1,40: Oft,. I u ',„, t.. ee. ecano.4o4 prom an m.Rogc. NIr� 'FRAsaHSEH •_._�� d«a 1989 z to •.$shows.. .' r A -- e !G•f i A"26. 1992 auRak HI I w1►oC4no.W.dged beare rN Ira+ It.;...ti�.C .,' dam of .TI f'naa+e memoir',Grantor(%)Or II'Granter.aCapsrinon 0011nersh.p or Osteeww0 t000•00.tdya.a.s.su sr..w...o...e.o....M«{.ne vas.na+nor 0‘.,150..5 s.C Midi ry or care.ra..on,..as Dann.(or panee.il..o.O..r t.MWa..twee....,W..s.rai.on.5 _ v,inss ..My 0000 eosins; and urr,s.el..Y me nlesaan Notary%ewe e,Seel Va(515-Hatay Colar -.. P 0 Sao Ss1=-13rawy,Cdroa.dp 60632 . t303f135&11a3 NO 203 ARa171`'94 rdedat_ B 1224 REC 02171294 02/17/89 16:02 $3.00 1/001 Recepr►onNo P 1965 MARY ANN PEUBRSTEIN CLEAR & RECORDER WELD co, CO Cam. rl.-r I Quit C;+dimrfited, THIS DEED is a conveyance from the indlr1dual(s), corporation(s)a other entity(res) named below as GRANTOR to the individual(sl or entitylies)named below as GRANTEE d whatever Interest the GRANTOR may have in the real property described below The GRANTOR hereby sells and Quit claims to the GRANTEE the real property described below with all its appurtenances The specific terms of this deed are • Grantor (Oleo namsts1 and outs►d rotrdenq:d trio loorda sI tr.oanw-pramoi is lowanr m owl teed m?.loose rceiuiad Opals. tdeMdy OMtora is?welded am*del Eleanor B. Fransen, 2816 West 12th Street Road, Greeley, 00.80631. Grantee: tarn name(a}ern addros{(as1;esetamint of add.ps,,tee a es rroiNble rood er Vied nwehr,a requeM4 Paul F. Fransen and Eleanor B. Fransen, 2816 West 12th Street Road, Greeley, CO 80631. Ferns of Co.Oienert 1p. or morose Iwo or MOM eoetsws asrnad,May red be cora►daradto rag as tenants N mraaoe ewes In joint tenancy wit r rights of« ot rs survivorship. Property Description: (Max*county and Stale) The Northeast Quarter (NE1/4) of Section Twenty-nine (29), Township Two (2) North, Range Sixty-two (62) West of the 6th P.M.. e Property Address' Reservaliens-Restrictions: Slew GRANTON inland,to tewee ary interest Ie PM prseeny orro carve./leas MerlM sons Ore 5 Oa OUtANTOR Is reaetct.no rid GAANT E5 Opts in the property.made opprcer:de Indlearlon.} a o'wooed by ITs Gismo on �7 p s lgeeiag Crr.ws tar Corporatist.Pa_a... .4 or Association; $i eetwe C:see Iw Mde4Au/iek Haas el aranma cetee•abee.Pannonia,a Assxraaon ELEANOR B. FRANSEN 640.10. an amino My A1mea1 ..� CLaalor STATE of COLORAQO 1 COUNTY OF a..d`c) I ss Ttd I prima,was aura.drged Wars tea Inn _ 2__L.L. ,0.!S 9 FRANSEN g►►''1� °.,$. mra.,+DlnooBcutseal j8!(Commission i 2641992 '��i'�� T Weary v,Allc h 14N is Q► , � MS'a'c!rcm.now4tO0M Delve.te tea 0.•r 01 .f4 l• • tOiiita d Groner,r,Crrpalehrn Penerampa Mn0c dlen Indn rdentay smpretsIs peesWenl or Hceorgrdenmand%e retry or asartum cec ,n0.cowman.be a,paarMral at prm.R.r.w ae wenorasd.n.. e0.)a,assoca en I WITYE3S a,rand end rtnc*l seat Ms earrnl,r►m ospee,; IaMNry pabae •teat UPDATS LIMA.Paden P O-des 1415•alas*,Colorado!0632 (300yt5x•1rep NO.203 111111111111111111111111 III 11111 1111111 M11111111 9g 2976931908/0712002 11:19A Weld County, CD 1 of K 5.00 D 0.0D ,l.A. "Sukl"Ts�tkamoto QUITCLAIM DEED THIS DEED is made this 241 day of July,2002,between ELEANOR FRANSEN of the County of Weld and State of Colorado,grantor, and ELEANOR B.FRANSEN TRUST, whose legal address is 2816 12' Street Road, Greeley, 80634 of the County of Weld and State of Colorado, grantee, WITNESSETH, That the grantor, for and in consideration of Ten Dollars ($10.00), the receipt and sufficiency of which is hereby acknowledged, hereby sells and quitclaims unto the grantee all the right, title, and interest of the grantor in and to the following real property, together with improvements, if any, in the County of Weld and State of Colorado: The NE'A of Section 29, Township 2 North, Range 62 West of the 6th P.M., Weld County. IN WITNESS WHEREOF the grantor has executed this deed on the date set forth above. ELEANOR FRANSEN STATE OF COLORADO ) ) ss. COUNTY OF WELD ) The foregoing instrument was acknowledged before me this 24th day of July, 2002 by ELEANOR FRANSEN, WITNESS my hand and official seal. My commission expires 7- a 5-041 f •.pT.;'%. �`9�y�} Notary Public • j r • • f� IAA .0' Ii l�••Ve0.G• °P COL° F:1GHO\FRANSENIQCD.w d 829 1111111111111111111 11111111111111111111 III 1Ill1 11111111 3074829 06119/2003 03158P Weld Cooly,CO 1 of 1 R 6.00 0 0.00 Steve Moreno Clerk&Recorder QUIT CLAIM DEED THIS DEED, Made this 17th day of June, 2003 between Eleanor B. Fransen Trust, a Trust of the County of Weld and State of Colorado, grantor,end Eleanor R. Fransen Trust, a Trust whose legal address is of the County of Weld and State of Colorado, grantees: WITNESSETE That the grantor(a) for and in consideration of the sum of ONE AND 00/100, ($1.00) Dollars, the receipt end sufficiency of which is hereby acknowledged, has remised, released, sold and QUIT CLAIM:ED, and by these presents do remise. release, sell and QUIT CLAIM unto the grantee(s), its hairs, successors and assigns forever, all right, title, interest, claim and demand which the grantor(s) have in and to the real property, together with improvements, if any, situate, lying and being in the county of Weld and State of Colorado, described as follows; N1/2 of the NE1/4 of Section 29, Township 2 North, Range 62 West of the 6th P.M., County of Weld, State of Colorado. also known by street and number as TO HAVE AND TO HOLD the same, together with all and singular appurtenances and privileges thereunto belonging or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever, of the grantor(a), either in law or equity, to the only proper use, benefit and behocf of the grantee(s), its heirs and assigns forever. IN WITNESS WHAREOP, The grantor(a) have executed this deed on the date set forth above. Eleanor H. Fransen Trust, a Trust HY�JY�.�rra.ani J,� Z.n,i.z.ga ewer." Eleanor B. Fransen, Trustee STATE OP Colorado ) ss. The foregoing instrument was acknowledged before County of Weld ) me this 17th day of June, 2003, ` Eleanor B. Fransen, Trustee of the Eleanor S. Fransen Trus " Cp /� 4 I( KIRK l tness my hand and ffi I seal. o; commission exp GOBLE 1,,INN_ }O: t‘ OF NOTARY P IC No,933. Rev. 3-85 1 i as g g (JON O1 Oen CD 1 P4 i Ill ;big j c j W Y Y:ii i ili(' -'L'j I6 1 1 III i71;$ i i fr. .. .B. !gs4 -tfll'is -III , i ,,NPNII, e ,,y l I 'tIt' I $ ; >IA •i t 1 ' .S �� "' • © 3 rII le# Adn §'6 iii idi tr-li " `1 hill I ii ; a.i" a 1 �I I c ag file silis WWI k r 4 l a! . , w F - - e � �� Mini i s a li as : a � ^i ' k n w ts t 0!Oil I)C X r• R z iii ► t, : a !9 � �� iiii 4J b o PI it'd { I= till tkit ! III , ii ilf' rig ••Gk Pill 'I 4� illnill I IMI f a Q ti lsi i Q i, o a l ii 0 i.i 0 ;i ! Iii i 0; t! ii '�3 11 Pi IRE il i° °'a�! •1121 e'i :1 E =iii !Ili1 j 9 i l; §j Sri. Ili! iii i� ;MO iiiiiilhi �Y liffyir,i lie ! it li i_ •ia .3 j.„(-) ' 01 p r: :g Ir *WIMP _� • raj t 15� x E# ! f ill iii gag( ti hi t IIa'I 9j i► iyr� i �ii �` �i l�i ' ' ii i II r !i ti !. 3Ei ' ! 1 hi !i g 315r i q i ( ! gip- • el ' �� y,tii �'i� 'hill I �Ei� ivy � �';� i�tj iii ra� it a s� � �! ��'�� y[ �•��i tyrt�c � 6 i e � l �� Y y� e o i ' hi! s iii i opt t ��i Cr, :41: lirrel i t is illililiia leti:1 a t ills, ii.tsil5i! 1 I' i t i 1d i� Ia, is rE .iti ;ili� ti7'clti'l 1,11I=ii ia. ` E` r` it Ili; _ `� ii i �''i �l i ii.� ! !!r 4 i ' . _all! gi i ! 2;1 i i li [ ifil li- i i i pliii t �l.a Itt iriiii# •■ iH i qv. if t.i rtii c i ( 1 �y iX_! of i tiflf ci-€li,litdOliii i irici c i!lil li !ill s! fi Ili l i jii ° t5 � Il j1 l €i�!! i5 � � r 1p! i ..I E1 i.E�Ji sirs! .i .lE:i III Al . J _64@ lit III a sa1<ligligh 6t c liii.ii�e iti;iiiihi Ela .i ri 4 J3AY7) 1 t;t LL CI'VO A1Ni103 C113M :4w __...) L. J--- °""4--- t9+sc—..o.a000i - - _ — r _ i.-r—f cv+d. — — ------- — I it I r 4 `r•7`. `.< 9i rs 4 Ell gill 1! `„ I #1„,.............. A J R • 4 ��1�_a+.. _fin F•• K c ■ Io —.L.__St R r _ ri i it a Ono . I r � r F. w '•kJ e C 's o p 1'� Vil! i all! i��!V I _J I iii'iaii 1' 111' aE: l I o !�iOlgliliil e illilillie L@ `I i iii ` I iii : iii,.. a 0tt•' 1 e a il € ty \......-1 I ibsti di j Z/1 S4 E E emu--IA.O.0 4 {3VOLI h t ill I111111!Ell 11111 1111111111 11111111111111111�111111 3280096 04/22t2005 04:28P weld County,CO 096 i of 1 fi 6.00 D 12.00 Steve Moreno CleT &ReCOrdet O�c ." �5L WARRANTY DEED i'�f''t Z THIS DEED,Made this 37nd day of April,2005 between Ur Eleanor B.Fransen Trust . of the County of Weld and State of COLORADO,grantor,and „O Russel L.Pemberton and LaVerne E.Pemberton whose legal address is 12734 Eudora Drive, Thornton,CO 80241 of the County of Weld,State of Colorado,grantees; WITNESS,That the grantor,for and in consideration of the sum of One Hundred Twenty Thousand Dollars and NO/I00's,($120,000.00), the receipt and sufficiency of which is hereby acknowledged,has granted,bargained,sold and conveyed,and by these presents does grant,bargain,sell,convey and confirm,unto the grantees,their heirs and assigns forever,not in tenancy in cornnroa but in joint tenancy,all the real property together with improvements,if any,situate,lying and being in the County of Weld,and State of COLORADO,described as follows: Lot B,Recorded Exemption No.1301.29-l-RE3624,recorded October 7,2003 at Reception No.3114256,being a part of the North Ve of the Northeast'A of Section 29,Township 2 North,Range 62 West of the 65 P.M., County o€Weld,State of Colorado Except and reserving unto the Grantor any and all oil,gas,hydrocarbons,and other minerals now owned by Grantor,if any, also known by street and number as Vacant Land,Roggen,CO 80652 TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining,and the reversion and reversions,remainder and remainders,rents,issues and profits thereof,and all the estate,right,title,interest,claim and demand whatsoever office grantor,either in law or equity,of,in and to the above bargained premises,with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantees, their heirs and assigns forever. And the grantor,for himself,his heirs and personal representatives,does covenant,grant,bargain and agree to and with the grantees,their heirs and assigns,that at the time of the easealing and delivery of these presents,he is well seized of the premises above conveyed, has good,sure,perfect.absolute and indefeasible estate of inheritance,in law,in fee simple,and has good right,full power and lawful authority to grant,bargain,sell and convey the same in manner and form as aforesaid,and that the same are free and clear thorn all former and other grants,bargains,sales,liens,taxes, assessments, encumbrances and restrietioru of whatever kind or nature soever,execpt all taxes and a:isessmeauS for du current year,a lien bin not yet due or payable.and thine specific Exceptions described by rrfetenee to recorded dutauttent,as traveled in the Title Documents accepted by Buyer in accordance with section So-Title Review".of the contract darted March 25,2005,between the patties The grantor shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in die quiet and peaceable possession of the grantees,their heirs and assigns, against all and every person or persons lawfully claiming the whale or any part thereof. The singular number shall include the plural,the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF,the grantor has executed this deed on the date set forth above. SELLER: Eleanor 13.Frogmen Trust By: Eleanor B.Fransen,Trustee STATE OF COLORADO }SS: COUNTY OF Weld The foregoing instrument was acknowledged before the this 22nd day of April,2005 by Eleanor B.Fransen as Trustee of Eleanor B.Fransen Trust A ,7 Witness my hand and official seal. itA Jp MyContmissionexpires: /0 to- Q6!} �0............. '.. y r�j� ' P'<yoTgr�y vy'. SC't•trn.4111 s f Pa.sber-let -- —_ warn 1Q-.1 64.1.Arm,.1331. �E'4JBL1C warrant Decd to feint 7sranu—T >'f '� �t1 tt � Smartly Title g ' $O:2 ,...,..• File No S0043340 o 1;O1- • E. ":.- , \1 j, .'-,= ___Vvi (:LialFli.Aif(31N01 %1i;t►I RECORD S1/... ,: :_; :1j ri ,�.� ...�.._.._�__..._ .._ 11_1.1. .. I , .. ) STATE OF COLORADO .' e -, ^+ r,. STATE OF COLORADO STATE Fa.E HUMBER i t,,,. CERTIFICATE OF DEATH •' `I°� t.D(fGFO.ArTa NA WM.AN4w1.La 611 �� L.y. 0 OATe D/ttEA7M W44e1 D.I.YAI) M w ,L I Paul Fredrick FRENS£N,...) Male April 8, 2002 s , Wi.p� 0 UNDER 1 TIM h Ad/D1J11 Do i BAT.t,F N J ®RUrPLAq N�Jr.N Wm 4,,'OAT ;;� l ef��r miNnl qu+.1 D.r rwry Lb+r■ryr 523-34-1195 91 me' IV"' "r ;`7"` December 71 1910 Raglien, Colorado l O'" a stilt lagebnfrimilI io""K ..t wai NM .O 1u AMMO FORCEST N�vlru tI O MER ^� yy.' are c k 3Yw ONO 111 DER,104,�M.t OVA is am a C 1 ,EM111M ,R F5 r,k6, NaMl is ml h,pmirt,Ow wow andnimMrl k ell Of td COUNTY or 04TH �� 1. North Colorado Medical Center Creel ep Weld = e. ,'! Eo. 7 Vara.SSUPARS.I 'too—WWI 1rt17lwIFslobibd 11.x.110,4 17A wM.6 1f. ofidti nonMO.,OMIT iW I, 10y.� a. 1. IOYn.1 U.,xri./p_ I NM MN,14, l—d I Deg1 no nrksW D�w,+e fsow-•d L.� Farmer Agriculture Harried eanor 8. Nelson o i ,1f.FIL617i 17471,111-130. flR.7 1x 0-Y owN,O,, lam,s emni rI•.rtCR O tr Colorado Weld Gre le 2816 Vast 12th Street Road �e"1v ' 1M IN IA`LFCL6E 14 WAS lXC�EMT o.Ny�AMG 16 RAf7� 1.4w4 KnEt:44,,Ve�AJC,.110M 411xri.0:yil,Mx I EllCt��(p�� ' (,Simony Maw Yap Yr pe,wiWry We MI .wraa pc.tA.e1p w pw�p�r etyma w Npp�wy a T37 U.p(�rw Zur lYth Yel Me„M 1� 117 r wV 1..0/7i) i Y. y,... t1.( FEZ; OM. 80634 ss,rre White 10 Ar.- ,� .'ATRIR4IJF N,ar,N,w,.1.401 - a Ziprrliwcat'p,;.wpm adia momsMo.* 'Ii-HD Ipr 1w n 4VinnWja,3 414.1 NUM C3 p 1. IOhTi Fraasea lwna Maly 1 ibepl; ElesstQT b ptEoan - Wife —Nd i'. rm..'Amoco* �DURUM i "_____--J70r IlAL I1 NIMaAN Sil pbeT J;GM1'olNV its qty• yeau -I.t 66 ". lb bold oCyr..lro4 0 Flynn.,Went., slaw ow.) !O i_ tlw..+w•t 0Owwll..r 4 Sunset M_emoriaai7,� Gardens Gi'.e slay, Colorado s g I.' 1tn a01N71MEG Pt17.1F1A4 D11RCTDIONI'111�G11ACTYID llsL4iC 11�.Jrtli[.wOJbD11 iOF r+vce.ny: �� • Allnutt Funeral Service - Macy Chapel >\� �. - '' 703 13th St., Greeley, Colorado pp-B0631Gomm ecsomas, k ywp FIL1t1'W.1h 01G T1M -- . DBYPfY APRIL 141 2QQ1 I E e it Tnu oKDu�A+ ,. 1# Siui ad w4s ct u1 rim ._w._ err aj Wow. D.T 7..r M.r/ (rw w.i.. �.N r 12:59 A" April S 2002 ]2:59 No 1054 C0M IT1N ONLY WVco•nrwe PHYSIC-04i 7OSICDYNLZ7iIFYCORpMIA �. �n119f wY.A,M1a0Y. d NM1w7..r1L�.11/...arw N,rawbw.earr''''n. "`" s'.. I >ti CMM14f11.n[ Y.,MO ,,nn ' 'Yll ul/Ml rlwWlV•11 m.>•w11N W04nnnn7RMliJ V. l�.c.c. c}yL`i. "�� . _ 3!eA MIN t na 1:4‘‘,••••,1 16 OAT.IIGN ED IM MIL 0.1,Yowl a1 NAML.TALC.N0 i.'1lllG+,ODPESG OF CFATIF IERreOROQ0ko y,fhW1 - 1.1 ' -- Miles D. Lee, A0 2627 West 10th Street, Suite 3 Grite}ey, Colorado 2,V 80634 . , 'J1 Mw..S OF MIMI:4 IG►RY11WAd If emsTMANC11rt 41,e ll,vdhrd 4._._. 3L YAMS OF MATT omen;luau >oi Ti.�pp� ON.1RJty,r AT '7M MVO*MOw Poi.., (CEY7➢F,Jgo � lwanrA D+F r.1l 1lJ lIM riO H1 t1. 6.�..-... t9IMMO 0 1 0.o.p #. D Tao 0 NA • y13 As..N,r i' 0 e4.•m. a k� mfr" a3..VLYCI OI IFWIY-J lvna.lann lnol. lean.Ma SU.LOCATION Ii M W*raw■Meal ow.mass,.Of,Comet I7.W reOw1,wa FM•wrM a MI/ dN 04ee4 wIATt CAME IEI1*onVOMA GWif 1171 OM FORM 04 M'O(110.not,nlw mode wp/wl W 041404 wM.rH v, l1h.a,nw,Mli.1Gr 1 RA T .1F:�fnsr'!' co"DnIOlu o A3A NwNi✓`- nOAYF Ile41 rJ7rin:1 n.7.7�MY GALA! /{'} a1 M 4 .y IJJ yrt. je�I�ftl. .0,.,,4y.1.4.SWIM'sME �b1`Rrb � s / xN...IA ragy1: UNDE1kYIHJ CAUSE . .ACT w 10 , 110,01.anitcppONIFIC.I.TODNOn10NS-LpM„wdecmbWEV.eMN1 lawnd t.w44 m ow In 3F-.UTOPLWM/e 44n.Nww,}. n w1471 M Q..®Na.Hwn.n.wOV..rMM ( Oww ..w 41.rAMMi YCs�l ee�c 70 + I�+ tWlt 1 t1 'F THIS IS1t.pENTII Nivri#VT THIS IS A TRUE AND CORRECT COPY OF THE OFFICIAL RECORD WHICH IS IN MY CUSTODY. DATE ISSUED APR 0 200? f�-- 7. v., 4 RONALD S HY N .0.:... .,....;.-4:...... � " ' f. �v 4 'J. °P' ....t STATE REOISTRAR -f.ya c •.v,`xt,p ' N , '-. ,'-'i.:"'f.' .Sin f 4 x e!�;�.r.._.... ......,:,-:„.1 S 'i 4. . ._.;:.,.t,;,,.,.: Do riot accept unless prepared an security paper with engraved border displaying the Colorado state ' :;:. ",'` J'` seal and signature of the Registrar. PENALTY BY LAW, Section 2S-2-118, Colorado Revised --.4:1,t," 1 -. . '' ,",: ' °'J1n. Statutes, 1963,if ria= ar-1 '-1 `�""4• any person alters,uses,attempts to use or furnishes to another for deceptive use 1'l'�'•i•''' `-•tr"''' - - $* '"""" x'''44 4c any vital statistics record NOT VALID 1F'PHOTOCOPIED_ s, ' ,,f k 4K� 3 �,.,t r.'d � • ".,'::.., ale, . '.„ _` '. i.t:. ...r f rF� .ry"""""�w1ANY RLiENr_."OY OA E•,:. I.a 1. rs�'•� .. r f >i €Ys�:D ,15^EE'TI( A7f��• +•' ''�^ A+:rr,l��""�'_ VP!': t• 3 Y l' 1.r' k , Y• + k'` Vie' 1 ;r .i. 'r^£r `Y 4 .r1 .71 r;F-r " :1 'i t , E IIIIIII IIIII IIIIIII IIIIIIIIIIIIIII!LcE!JlUIIIIII III 797 2943797 04/17/2002 01.05P JA 4 1 of 1 A5.00 0 0.00 Weld County CO Ft AFFIDAVIT OF JOINT TENANCY ... STATE OF COLORADO ) "i '3s )SS. It COUNTY OF WELD ) 0 Y1, s GEORGE H. OTTENHOFF, being first duly sworn upon oath, deposes and says: 1. That George H. Ottenhoff is of legal age and has personal knowledge of the .`` fact that PAUL FREDRICK FRANSEN referred to in the certified copy of the death ` certificate attached hereto,certified to by RONALD S..HYMAN, Registrar of Vital Statistics 0. for the County of Weld and State of Colorado on the 8th day of April, 2002,was the owner ` ' in joint tenancy with ELEANOR FRANSEN under a deed recorded November 4, 1942 in Book 1100, as Reception No. 906748, of the Weld County Records, of the following described real estate and property situate in the County of Weld and State of Colorado, to-wit: "4 `` The NE%of Section 29, Township 2 North, Range 62 West of the 6"' P.M. • -_= 2. That PAUL FREDRICK FRANSEN is one and the same person as PAUL F. FRANSEN. "% 3. That affiant has no record interest in said real property. a ae f1 G R H. HOFF SUBSCRIBED AND SWORN to before me this )(of-h day of April, 2002 by ,, GEORGE H. OTTENHOFF. , • WITNESS my hand and official seal. My Commission Expires: 7- fp S-0A/ -: 'i1ti r. ,5, . i, j•`aO7'g •X�.9 �i' ---8 �l r� 7-ei -- Notary Public +' •• 4 ' m wbvuwa_ ''.s.,fOp cam- i Hello