The URL can be used to link to this page

Browse Search

Home My WebLink About20103101.tiff w,_ SNIDEMM ( 64l'ON N d OLLsx2 NommEmOS S q y g q 8 n ua wtac rv,s o-.n w.w s+ 'ww e.w nw�m ww u d e $ @@ O.Q ; - -- 'ONI 'ONIA3AHf1S ONV1 111Wki31Nl I Q { a I 8 9,' �,,, NO • 4 :' 3 Y e - -ii F 6 G P w , • a _ is s s eg ₹ eg 5if ilsilig ne- R 4 !!!'IIEIa !I 1.II1 2 2 If sF o _ x a lgek .14g § PE! x� .O;1121 6 u®aaw« . 14 We,/ 6; i 01 F z " i 4 s SsNES- S=. .s€F .i1in Sx sisse >x V.!s R. i. $ s 3_ s ii - qs .a a 3 F /4W;C 1r. f p 8nk aaa s 1 i. x eq S e se hi O1E2,:_ 1as a & _k4 .. ° a ! s a • a it 11 g AlI a £ a $ €0 g tgF� H ibs s9 s €a fqF g .§ g z s a 5-V n Fa fl9 q [a k 6 P i f @ s e fg: : e s ss a II ii d 1 if Risg. ,N1l !NI a !.€Rq xwf Rllia 8 i a s eg" c ga 5 2 e Se 3 s ag _ Ie4 '_g s ned xe x' r - el ;Er HP p48 �xsi muted, SeE Li es a; in ix c' 'an. s 1 €.., n a ₹ �fs 3 g,', n c 'I881111: 8111 @ tin' ei n $ 6i l _ E a i Px F i xi_ a! s2 a '!:11010-,I -, Pf—€ FF xq. E x ills z 4ni v 8 4 gge,p ° e e x li9 � 4 � a ggi s �€, w k iaa v aa& a a26 _ fi�$� s 3 g} ix 81M1:1111an x gxeGar E ,F._ = a f ti.5 x 114- s In ^4 a 3a{ 1 &ei. 3 I i9S i4 'did i tfislgfI Ili!: es is !II si ill i r - I e :Ail -tali 1F 4' ;;!it s a';`p x € f; z €� q _ € i' a 4 xV S ,i,„,!,;11 14�p of 8 4x`g F 1.4g :18!!! !'41 Fs a 1 _ mb wig8!,;14!!!! iti0 P a 04] a§ =f Y dse _ 8 t8 Ya t R , 10 ti sa d g 8^„ Z. a �� i 81.1888 €; - F. Cx+ li. Ai xf Y sf O 8 [. to L 4.€ 3 F 4 4 is ex sE n S. s w :lir e 1 xi xoa ii s V flt"ae e x S i x `J .-.+O - ay a ' 4„d k o € ii € :W% a - i s n• Eng 496 I C • o-6 ix9 a €_'9 f& }f 4 qq '$ % Ed H a '. d ; '.j •71 lL. q • f W� 'e S sl O —x sp ag Z S E Z . H F= Or i!„11 i 40 1 1 L"' abxx a 2t a rn E- Ip a 5 2 24 `E3t :iii F e Ok(U3 .sy1. 2 I FY n 8i E a X30 bs".a ) \y� � €f WCR 81 a e -- n~n z,T,„L � _--- ----.o.uod. —. _ .9-Er, q�- qcy fir k ¢ I N • 1/ •q(4 Ii $ .x s , W 0CY0) all gj62`22 g- a $ X �Q_�y9J �6—I�� — B :Atli! iigna €1.1° # ` W 03 Po i o _ vP Ya'!s'i o W. '.E3zLL 3,2 x21" 10] p 241 Z 6rp O ill : ;ifo� 2.2422 22 s f52 5 &d& O itz g :e- SE , ; 'i -'s I I z =RS 422t. _ Cooa I _ o _ „a — —J alb lEs L. a s , f'S 0 00 .4' g S° 2 r. z WCR 81 �du =h CO aC4 frti l ' €;p 444 <`',1) s: ,..» f $sx Itt 7 -' ___. — €4 ii i d: "1 I Y :.2- �Pa ild IFF Milp • `y : ff F „5 t! l• ICE g(i a 8 Yo m 2�"s. Ii EH u m Ye�d ?.§ tep 0 t a1 —�e J z^ q I6d 2010-3101 SE 1/78 • ( its W IDEPARTMENT `PC SERVICES SUBDIVISION EXEMPTION COLORADO ADMINISTRATIVE REVIEW Applicant: Wiggins Telephone Association Case Number: SE-1173 Request: Subdivision Exemption for a Public Utility Facility Legal Description: Part E2NE4 of Section 3, T6N, R62W of the 6th PM, Weld County, Colorado Parcel Number: 079703100012 Parcel size: +/- .018 acres Planner: C. Gathman Criteria Checklist Meets Criteria Yes No NA X 1. The proposal is consistent with the policies of Chapter 22 of the Weld County Code. X 2. The boundary change or temporary use location which would be allowed on the subject property by granting the request will be compatible with the surrounding land uses. X 3. In those instances when used pursuant to 24-8-30.A.1 of the Weld County Code, the request is the best alternative to dispose of existing improvements in conjunction with the companion Recorded Exemption. X 4. A lot being created for the purpose of financing will not result in the creation of a lot to be sold, shall be at least one acre in size, and will no longer exist upon termination of the financing arrangements. Approved With Conditions The Subdivision Exemption is approved in accordance with information submitted in the application and the policies of Weld County. The Department of Planning Services has determined through its review that the standards of Section 24-8-40 of the Weld County Code have been met. 1. Prior to recording the plat: A. The plat shall be titled: Subdivision Exemption No. 1173 B. The applicant shall address the requirements of the Department of Public Works as stated in their referral dated July 7, 2010. A right-of-way permit shall be shall be required and shall be obtained from the Department of Public Works for the access to the proposed facility. C. County Road 74 is designated on the Weld County Road Classification Plan as a local gravel road, which requires 60 feet of right-of-way at full build out. There is presently 60 feet of right-of-way. A total of 30 feet from the centerline of County Road 74 shall be delineated right-of-way on the plat. This road is maintained by Weld County. 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. D. County Road 81 is designated on the Weld County Road Classification Plan as a local gravel road, which requires 60 feet of right-of-way at full build out. There is presently 60 feet of right-of-way. A total of 30 feet from the centerline of County Road 81 shall be delineated on the plat as right-of-way for County Road 81. This road is not maintained by Weld County. 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. E. 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. F. The following notes shall be placed on the plat: 1) This Subdivision Exemption is for the temporary use of a parcel for a public utility facility. 2) All proposed or existing structures will or do meet the minimum setback and offset requirements for the zone district in which the property is located. Pursuant to the definition of setback in the Weld County Code, the required setback is measured from the future right- of-way line. No building or structure as defined and limited to those occupancies listed as Groups A, B, E, F, H, I, M and R in Section 302.1 of the 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. 3) Any future structures or uses on site must obtain the appropriate zoning and building permits. 4) Prior to the release of building permits, the applicant shall submit evidence to the Department of Planning Services that the lot has an adequate water supply of sufficient quality, quantity and dependability. 5) Subdivision Exemption Lots created for a Public Utility Facility shall revert back to the original parcel when the use ceases to exist. 6) 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. 7) Building permits shall be obtained prior to the construction of any building. • 8) Effective January 1, 2003, Building Permits issued on the proposed lots will be required to adhere to the fee structure of the Weld County Road Impact Program. (Ordinance 2002-11) 9) 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) 10) WELD COUNTY'S RIGHT TO FARM: Weld County is one of the most productive agricultural counties in the United States, ranking fifth in total market value of agricultural products sold. The rural areas of Weld County may be open and spacious, but they are intensively used for agriculture. Persons moving into a rural area must recognize and accept there are drawbacks, including conflicts with longstanding agricultural practices and a lower level of services than in town. Along with the drawbacks come the incentives which attract urban dwellers to relocate to rural area: open views, spaciousness, wildlife, lack of city noise and congestion, and the rural atmosphere and way of life. Without neighboring farms, those features which attract urban dwellers to rural Weld County would quickly be gone forever. Agricultural users of the land should not be expected to change their long-established agricultural practices to accommodate the intrusions of urban users into a rural area. Well run agricultural activities will generate off-site impacts, including noise from tractors and equipment; slow-moving farm vehicles on rural roads; dust from animal pens, field work, harvest, and gravel roads; odor from animal confinement, silage, and manure; smoke from ditch burning; flies and mosquitoes; and the use of pesticides and fertilizers in the fields, including the use of aerial spraying. Ditches and reservoirs cannot simply be moved out of the way of residential development without threatening the efficient delivery of irrigation to fields which is essential to farm production. Section 35-3.5-102, C. R. S., provides that an agricultural operation shall not be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs methods or practices that are commonly or reasonably associated with agricultural production. Weld County covers a land area of over 4,000 square miles in size (twice the State of Delaware) with more than 3,700 miles of state and county roads outside of municipalities. The sheer magnitude of the area to be served stretches available resources. Law enforcement is based on responses to complaints more than on patrols of the county and the distances which must be traveled may delay all emergency responses, including law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must leave their jobs and families to respond to emergencies. County gravel roads, no matter how often they are bladed, will not provide the same kind of surface expected from a paved road. Snow removal priorities mean that roads from subdivisions to arterials may not be cleared for several days after a major snowstorm. Snow removal for roads within subdivisions are of the lowest priority for public works or may be the private responsibility of the homeowners. Services in rural areas, in many cases, will not be equivalent to municipal services. Rural dwellers must, by necessity, be more self-sufficient than urban dwellers. Children are exposed to different hazards in the county than in an urban or suburban setting. Farm equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center pivot operations, high speed traffic, sand burs, puncture vines, territorial farm dogs, and livestock present real threats to children. Controlling children's activities is important, not only for their safety, but also for the protection of the farmer's livelihood. Parents are responsible for their children. 2. 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 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. 3. The Department of Planning Services respectfully requests the surveyor provide a digital copy of this Subdivision Exemption. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles, Arclnfo Coverages and 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. 4. The Weld County Department of Planning Staffs approval of this Subdivision Exemption is based upon satisfying the above conditions. Should an applicant be unwilling or unable to meet any one of these conditions, within 60 days of approval, then this case will be forwarded to the Board of County Commissioners with a recommendation for denial. By Date: July 19, 2010 Chris Gathman — Planner III 5- l\13 Plat Checklist POC Planner Item Comments Check Check Proper size and material 24" x 36" or 18"x 24" /Minimum 3 millimeter polyester sheet l..--""--- Lettering No stick-on lettering / Minimum 8 pt. lettering 1/ Boundaries of Lots Scale Suitable Scale? (1"=200' or i"=100') i/----- Accesses indicated Shared Access? If so, is easement Certificate included? 1./.---- Roads labeled, including R.O.W Building Envelope(s) N 5k,,ous ., o ( ` x Vicinity Map Suitable Scale? (Minimum 1"=2000') Pusv—\ ` North Arrow 1/ ----- Legal Description C Notes from Planner/ t _.— V", L ?-;0--- y� �n Development Standards Conditions of Approval - Tta -- lWS) —T"�"'•k �/,//\X/\/ Owneras Certificate Notarial Certificate included?All owners must sign the plat, -) di.- check the deed. O *0 34 Surveyoras Certificate and All surveyed plats ✓ t . 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 i/ Certificate Approved) Planning Commission (USR, COZ, Minor Sub. Final) "' I /v f-5 Certificate t Board Certificate (USR, COZ„ Minor Sub Final) A (Final PUD,RE, SE&ZPMH if Board approved) (Li iN)Typical Road Cross Section (COZ, Final Minor Sub. and Final PUD) 1"7 /k Easements (� t / A Please return the plat to the CAD Technician within 24 hours of receiving the plat. kc-1 dt ci/&/O e•X Planner on Call: (Initials) i\ Planner Signature: Date: /0/13 /(c DWELD COUNTY,COLORADO EPARTMENT OF PLANNING SERVICES 91810TH STREET GREELEY,CO 80631 PHONE:970-353-6100,EXT.3540/FAX:970-304-6498 Ii rf Date: I J 201( Receipt No. d 1 2 Received From: i C . /r ( /' 1 I 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. rte- I I / TOTAL FEE - Receipted By:L i (( '( LYDL# Exp. WELD COUNTY,COLORADO DEPARTMENT OF PLANNING SERVICES 1555 N 17TH AVENUE GREELEY, CO 80631 PHONE: 970-353-6100, EXT.3540/FAX: 970-304-6498 Date: 10/:.;,)//90/0 20 Receipt No. 157orJ Received From: hi for it. . .. I `2,/(V(/ /., . 7 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-ZPCV/ZPAS 4430-MAPS/POSTAGE 4430-COPIES 4730-INVESTIGATION FEE 6560-RECORDING FEE Jr- f1-/ , '., - if 73' EI ❑CASH *HECK NO. C OCREDIT CARD TOTAL FEE /tit r v Pted B�- / ��Recei Y'.� ;_.. DL# Exp. r � Chris Gathman From: Chris Gathman Sent: Monday, July 19, 2010 1:36 PM To: 'terry@wigginstel.com' Subject: Wiggins Telephone Subdivision Exemption administrative comments Attachments: se 1173.doc; se 1174.doc; se 1175.doc; se 1176.doc; se cover letter.doc Dear Mr. Hendrickson, Here are the administrative comments for your subdivision exemptions. Please forward these comments to your surveyor. Any questions re: the access permit process/requirements can be directed to Janet Carter at Weld County Public Works: icarter(thco.weld.co.us phone: (970)304- 6496 ext. 3750. Let me know if you have any questions. Sincerely, Chris Gathman Planner III Weld County Department of Planning Services 1555 N. 17th Avenue, Greeley CO. 80631 Ph: (970)353-6100 ext. 3537 Fax: (970)304-6498 1 ! • (171; DEPARTMENT OF PLANNING SERVICES a 1555 N 17th AVE GREELEY, CO 80631 PHONE: (970) 353:(961070) 3540 FAX: (970) 30Ext. 4t. 498 C. COLORADO June 9, 2010 Wiggins Telephone Association do Terry Hendrickson PO Box 690 Wiggins CO 80654 Subject: SE-1173 -A Subdivision Exemption located on a parcel of land described as E2NE4 of Section 3, T6N, R62W of the 6th P.M., Weld County, Colorado. Dear Applicants: Your subdivision 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 subdivision exemption is approved. If 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 subdivision exemption. If you have any questions concerning this matter, please call me. Sincerely, Digitally signed by Kristine Ranslem Reason I am the author of this document 1,� Location,1555 N1701 Ave Date'1010 0910.00 31 06'00' Chris Gathman Planner '' ilPG i APPLICATION FLOW SHEET W COLORADO APPLICANT: Parker (Wiggins Telephone) CASE #: SE-1173 REQUEST: Subdivision Exemption for a Public Utility Facility. LEGAL: E2NE4 3-6-62 LOCATION: South of and adjacent to CR 74 and West of and adjacent to CR 81. PARCEL ID #: 079703100012 ACRES: +/- 80 (SE lot: .018 acres) Date By Application Received 5/19/10 Application Completed 6/8/10 Referrals listed 6/8/10 CG Vicinity map prepared File assembled ‘dlat Case logged in computer Letter to applicant mailed Referrals mailed Field check by DPS staff Administrative Review decision: AIN firy 7/RI Jo Board of County Commissioners hearing (if applicable) Date By County Commissioners Hearing Date Surrounding property owners notified Presentation prepared CC action: CC resolution received a Plat recorded and filed 1 / °I[J ?t 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 Panel#080266 SUBDIVISION EXEMPTION (SE)APPLICATION FOR PLANNING DEPARTMENT USE DATE RECEIVED: RECEIPT/AMOUNT# /$ CASE#ASSIGNED: APPLICATION RECEIVED BY PLANNER ASSIGNED: TYPE OF EXEMPTION REQUESTED(check one) r Property line adjustment F Used with Recorded Exemption r Financing Purposes R Public Utility Facility Parcel Number 0 7 9 7 0 3 1 0 0 0 1 2 (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 NE 1/4 of NE 1/4 ,Section 3 ,Township 6 North,Range62 West Has the property been divided from or had divided from it any other property since August 30, 1972? Yes_NoX Is this parcel of land,under consideration,the total contiguous land owned by the applicant? Yes NoX FEE OWNER(S)OF THE PROPERTY: Name:Wiggins Telephone Association Work Phone#(970)483-7343 Home Phone# Email Addressterry@wigginstel.com Address:PD.Box 690 City/State/Zip Code Wiggins,CO 80654 APPLICANT OR AUTHORIZED AGENT (See Below: Authorization must accompany applications signed by Authorized Agent) Name: Terry Hendrickson Work Phone#(970)483-7343 Home Phone# Email Address terry@wigginstel.com Address:P.O.Box 690 City/State/Zip Code Wiggins,CO 80654 I (We) hereby depose and state under penalties of perjury that all statements, proposals, and/or plans submitted with or contained within the application are true and correct to the best of my (our)knowledge. Signatures of all fee owners of property must sign this application. If an Authorized Agent signs, a letter of authorization from all fee owners must be included with the application. If a corporation is the fee owner, notarized evidence must be included showing the signatory has to legal authority to sign for the corporation. I (we), the undersigned hereby request the Department of Planning Services to review this Subdivision Exemption on the above described unincorporated area of Weld County. ci2i /ih hiek //9 /10 Signatu Owner or Authorized Agent Date Signature:Owner or Authorized Agent Date -4- • The telecommunication shelter(or Hut as we refer to them) is needed for the Fiber to the Home project Wiggins Telephone Association is currently undertaking. This hut will house electronics that will regenerate the lightwave signal to allow further reach of the lightwave signal. In future years the shelter will have fiber distribution equipment that will allow us to split the signal of one fiber to serve up to 32 homes as we complete the Fiber to the Home. The rural areas we serve will see the benefit of improved telephone service over the existing 30+year old copper facilities currently in place as well as the benefits of having access to a truly broadband Internet service for business and education purposes. BD-3C Building On Leased Ground LEASE AGREEMENT Briggsdale Exchng Rt. 3C 2,3,4(1) THIS LEASE AGREEMENT is made and entered into as of the LI h day of Leirt.Th ,2010 ,by and between Gary L.Parker hereinafter referred to as "Lessor",and WIGGINS TELEPHONE ASSOCIATION,414 S. Main,Wiggins,Colorado 80654,a Colorado Corporation, hereinafter referred to as"Lessee". This building is on leased ground, 1. Description of Property Lessor hereby grants and conveys permission to Lessee to construct,operate and install building and/or equipment as required and necessary to support Lessee's telecommunications system on the following tract of land A parcel not to exceed 20 feet by 40 feet located approximately 70 feet south and 30 feet west of the northeast corner of the E%NE '''A,Section 3,Township 6 North,Range 62 West of the 6th P.M., Weld County,Colorado. 2. Term The term of this Lease Agreement shall be twenty-five(25)years from February 1,2010. 3. Lease Payments The yearly lease payment shall be One Hundred Dollars($100.00),with all twenty-five payments,a total of$2,500.00,due in advance on or before the date this lease becomes effective,as set forth in Article 2. 4. Installation and Maintenance of Lessee's Building,Structures and Equipment Lessor agrees and hereby grants Lessee free access to the described land for the purpose of constructing,inspecting and maintaining the facilities as set forth in Article 1. It is agreed that only employees,engineers and contractors of Lessee,including their subcontractors,or persons under their direct supervision,will be permitted to enter the property. It is further agreed that Lessee's construction and installation will comply with all applicable rules and regulations of the Federal Communications Commission,Public Utilities Commission of Colorado,and all applicable Electrical Codes. 5. Road and Utility Easement If the construction site is not immediately accessible to a public road,Lessor agrees to allow access as necessary to the Lessee, from the nearest accessible point to the site for the purpose of constructing and maintaining required public utility facilities,including electrical and telephone equipment. 6. Site Maintenance Lessee shall construct and maintain a fence around the building. 7. Lessee's Equipment Lessor acknowledges and agrees that all personal property,equipment,apparatus,fittings, fixtures and trade fixtures installed or stored on Lessee's premises constitute personal and exclusive property of Lessee or one of Lessee's affiliates,including without limitation,all telecommunications equipment,towers,switches,cables,wiring and associated equipment or personal property(collectively,the"Equipment"). The equipment shall remain at all times the personal property of the lessee or one of Lessee's affiliates,and neither the Lessor nor any person claiming by,through or under Lessor shall have any right title or interest(including without limitation a security interest)in the equipment. Lessee, and Lessee's successors in interest,shall have the right to remove the equipment at any time during the term of this Lease, including without limitation upon the expiration of the term of this Lease or its earlier termination. With respect to the holder of any mortgages,deed of trust or other lien affecting lessor's interest in the premises,whether existing as of the date hereof or arising hereafter,Lessor and Lessee hereby agree,acknowledge and declare that the equipment is now and shall at all times hereafter remain the personal and exclusive property of lessee or one of lessee's affiliates. The parties further acknowledge and agree that Lessor shall have no right or authority to grant a lien or security interest in or to any of the equipment. 8. Leasehold Mortgages and Security Agreements (a) Lessor hereby agrees that Lessee may execute and deliver to one or more of Lessee's Lenders("Lender"),and perfect one or more leasehold mortgages and security agreements ("Mortgage")creating a lien on the leasehold estate created by this Lease and on any and all property now or hereafter in or on such leasehold estate. The Mortgage on such leasehold estate and property shall be senior to any lien of Lessor thereon. (b) Lessor further agrees(i)that if an address of Lender is provided to Lessor,lessor shall provide to Lender written notice of any default in payment of lease payments required to be made by Lessee under this lease,(ii)that Lender shall have the right,but not the obligation,to cure any such default at any time within sixty days after Lender's receipt of such notice,and (iii)that Lessor shall not seek to cancel this Lease if such default is so cured. (c) Lessor further agrees that if Lender shall foreclose or otherwise realize upon any Mortgage,Lender may elect in writing to succeed to,and to have all of the benefits of,all of Lessee's right,title and interest in and to said leasehold estate,but Lender shall not be responsible for lease payment or indemnity obligations of lessee prior to lender's written election,provided, however,that there shall be no monthly proration of yearly lease payments. If Lender assigns and transfers such leasehold estate,notwithstanding other provisions,Lender shall have no obligation under this lease arising,accruing,or attributable to the period subsequent to such assignment and transfer by Lender,and Lessor shall not require otherwise for any consent to such an assignment or transfer. 1 (d) Lessor agrees to execute and deliver to lender from time to time,as requested, lessor's written consent regarding the foregoing. 9. Sublease Lessee shall not assign this Lease or sublet the premises or any part thereof,except to an affiliate of Lessee,without first obtaining the written consent of the Lessor. Notwithstanding the above prohibition or limitation of Lessee's right to sublease or assign its interest under this Lease,Lessor acknowledges and agrees that Lessee shall have the right to grant a security interest in its right and interest under this lease. Lessor further agrees that any person foreclosing or otherwise realizing upon such a security interest granted by Lessee shall succeed to,and shall have the benefits of,all Lessee's rights,title and interest under this Lease. 10. Taxes and Insurance Lessee shall be responsible for and shall pay all personal property taxes on the leased premises. Lessee shall at all times during the term of this Lease maintain at its own expense worker's compensation and employers' liability insurance in accordance with appropriate laws on all employees used in the performance of this lease,and shall maintain comprehensive general public liability and property damage insurance covering operations,products,completed operation,contractual and independent contractors' liability in minimum bodily injury amounts of$1,000,000 per occurrence and aggregate. 11. Lessor's Indemnity Lessor hereby agrees to indemnify and hold Lessee harmless from any damages,claims or causes of action which may arise during the term of this Lease as a result of any action or negligence by the lessor,their agents, servants or employees,and to pay all reasonable costs and expenses,including,but not limited to,attorney's fees and court costs. 12. Lessee's Indemnity Lessee hereby agrees to indemnify and hold Lessor harmless from any damages,claims or causes of action which may arise during the term of this lease as a result of any action or negligence by the lessee,their agents, servants or employees,and to pay all reasonable costs and expenses,including,but not limited to,attorney's fees and court costs. 13. Contingency This Lease Agreement is contingent upon Lessee receiving all necessary permits and licenses, including,but not limited to,FCC and any zoning requirements.Any other provision herein contained notwithstanding,no lease payment shall be due until receipt by lessee of final approval. The date of receipt of such final approval shall be the anniversary date of this Agreement and the date payment is due pursuant to Article 3. 14. Governing Law Any claim arising out of this Agreement shall be governed by the laws of the State of Colorado. 15. Binding Effect This Agreement is binding upon the parties hereto,their respective heirs,executors, administrators,successors and assigns. 16. Warranties of Title and Quiet Possession Lessor covenants that lessor is seized of the demised premises in fee simple and has full right to make and enter into this lease and that lessee shall have quiet and peaceable possession of the demised premises during the term of this lease agreement. IN WITNESS WHEREOF,each party has executed this Agreement on the date set forth below. LESSOR LESSEE Wiggins Telephone Association 414 S.Main Wiggins,CO 80654 aryl erg/ Date: t — J —c9-OA) / o Terry ndrickson Title:4.,(Oieneral Manager Date: Date: 07- O11 -lOtO Date: Date: • 2 • • • LIMITED TITLE SEARCH Couary W t1.-1 Sec. ,3 Township Lo N Range jo 2 w • Legal Description of Property 2,0)!4o ry r1LQ &' Us-• 4iF 1- 4 t ilz o4 owners)CZa L i�An f Address/pbo{# ;35 75 0- 8' Sdbli sp1\-, q-7 tort.-3.584 Tenant S • Address/pi n* • Conveyance 11 Book&Page.}7,o., D Location i-oc„Nx- c ( I:La_ tai - -o c.3 / (o Law,-c a-- CL-ris U It T /SOtI d r.( tZv n Zo!_Scaer Z� 21) •-• iitvtarb5 jC)Lr IN'b.. 3C, x 2, 3, 't (I) a 216/e ED— 3C .u�mxeVW rm. BCD/ LI0'd 9IZL# eaaydOtey WIZ TM CTLL£Br0L6: 00=9I OIOZ'SI'lidY • ! I ••-. _' .• ':.I.-. . ';.. ..; : I f i :' • -• • •'* 8 a ¢ n' 5 1. - ! • • g o rte- o f•• _ •I i m r [ e .i SC ' •:1. •-..L... ••!• • 1•-: ...rt 1 _N :Ii -• •_ :I • 1 . .; _ .:: .'1.:.' .q +I.. Is •�- • ... • .J s.' i 1-'•1• •I.i 1:t•' • - w3 c — '1...:c••: •• _.. —.•__L' 1• _—T �•• - — - - _ _ ..I_ J:- - 1'x•1 l_.'.:.i. SI f }. _ zt • .� } •!ice'. • t:-.1 .1 •:'t1• -:ljt il•• ••;..r`_• m+ 4 la 1 I fi E17 a 1 - ,. .i xer 1 �i_ 'i • i1t1+; ' t._ `L. ••.•I 1314 I i .1 1 t i _ , �•i '" :••; I • •1,,i •r t J 2:3Sz O3 w • • • • , — .•.• ,4_ i n 'w,J- I,jz _• i: .. •.; "• : .., .`• mac so c ri\� ._,• .t•ea C' \ I •.••• . Z '� g ., Jf, ,,. yz_- r• :r.'" I ` • •F . ... I • aa.. .-.=Y. .-. a t� \ #`t-r• r f:'.- I 'I - c� r - a- i i• i :! . .,•••,x.!t'iQ 1.�6•f21i I 1••' . i. - N . L 1'-•. 1 •1' i • 's S� _ tea' T`` •_":•.:-. .Ir _. .. •4 1 •i: '4•: :• ••••L. .. ...t-i L' 1 • ' • • « A��•fC 2. r 1": 7`:..7..... :. - 1....: ot.3 • V 1_ .. •i • i s� _ - I w •�. t. ; ..... ,I.: i ! cr oa c.a 0 g. I a i s • 1 • IA: A. I • B£0/ ,T0'd 9TZL4 imowletey cu'c66Tly BILL£BiOLBt BS:ST OTOi:'ST-Itat Identify Results • • Page 1 of 3 WELD COUNTY ASSESSOR PROPERTY PROFILE Account#: R1289996 Parcel#: 079703100012 ;n++vomT1.r++esv�Is GCS:ta g7aSBlF1,114 eaamzne-I...WwTIPOM •.'t.'p.WZI LPOVII IWIP71lJ9* esawRNw.ZIMTw.m--.-..., w,we.slnC.-f¢Reiwm,,,,gq Tax Area:1007 Bordering County: Acres: 77.24 Township Rance Section Quart Sec. Subdivison Neme_Block#Lot# 06-62 -03 - 1 - - :�ct cos Owned Name&Address: Property Address: PARKER GARY L Street: 35875 81 CR 35875 CR 81 City: WELD BRIGGSDALE,CO 80611 Business/Complex: Sales Summary Sale Date Sale Price Deed Type Reception# 11/15/2001 $57,500 WD 2901960 Legal Description E2NE4 3-6-62 (2.74R) Land Valuation Summary Land Type Abst Code Unit of Number of Assessed Actual Value Measure Units Value Agricultural 4147 Acres 54.74 Agricultural 4147 Acres 22.5 Land Subtotal: 77.24 $1,232 $360 lldings Valuation Summary Assessed Bldg# Property Type Actual Value Value 1 Out Building 2 Residential 3 Out Building Improvements Subtotal: $178,985 $17,130 Total Property Value $180,217 $17,490 Building Details Account#: R1289996 Parcel#:079703100012 Owners Name&Address: Property Address: PARKER GARY L Street: 35875 81 CR 35875 CR 81 City:WELD BRIGGSDALE,CO 80611 Building# Prope . Iyp 1 Out Building Individual Built As Detail http://maps2.merrick.com/Website/WeldlsetSgl.asp?cmd=QUERY&DET=PP&pin=079703... 5/2/2010 Identify Results • • Page 2 of 3 Built As: Shed -Utility Year Built: 2002 Exterior: HVAC: None Interior Finish: Built As SQ Ft: 1650 #of Baths: 0 Roof Type: Gable #of Bdrms: 0 Roof Cover: #of Stories: 1 Rooms: 0 Units: 1 Gaspe- Attached SQ Ft: Detached SQ Ft: Basement: Total SQ Ft: Finished SQ Ft: Account#: R1289996 Parcel#: 079703100012 Owners Name&Address: Property Address: PARKER GARY L Street:35875 81 CR 35875 CR 81 City:WELD BRIGGSDALE, CO 80611 Building# Prepertv Tyo_e 2 Residential Individual Built As Detail Built As: Ranch 1 Story Year Built: 2003 Exterior: Frame Hardboard HVAC: Central Air to Air Interior Finish: Drywall Built As SQ Ft: 1728 #of Baths: 2 Roof Type: Gable #of Bdrms: 3 Roof Cover: Preformed Metal #of Stories: 1 Rooms: 4 Units: 1 Garage: Attached SQ Ft: 0 Detached SQ Ft: 0 Basement: Total SQ Ft: 1728 Finished SQ Ft: 0 Account#: R1289996 Parcel#: 079703100012 Owners Name&Address: Property Address: PARKER GARY L Street: 35875 81 CR 35875 CR 81 City:WELD BRIGGSDALE,CO 80611 Building# Property'Sus 3 Out Building Individual Built As Detail Built As: Shed - Utility Year Built: 2002 Exterior: HVAC: None Interior Finish: Built As SQ Ft: 600 #of Baths: 0 Roof Type: Gable #of Bdrms: 0 Roof Cover: #of Stories: 1 Rooms: 0 Units: 1 Gee: Attached SQ Ft: Detached SQ Ft: Basement: Total SQ Ft: Finished SQ Ft: http://maps2.merrick.com/W ebsite/Weld/setSql.asp?cmd=QUERY&DET=PP&pin=079703... 5/2/2010 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. Signe Date /d -2/—/o Year Charges Billed Payments Balance 2009 Tax $1,053.62 $1,053.62 $0.00 Grand Total Due as of 10/21/2010 $0.00 Tax Billed at 2009 Rates for Tax Area 1007- 1007 Authority Mill Levy Amount Values Actual Assessed WELD COUNTY 16.8040000* $293.90 AG-GRAZING LAND $1,232 $360 SCHOOL DIST RE10J 29.4540000 $515.15 FARM/RANCH $165,296 $13,160 BRIGGSDALE FIRE 4.0020000 $70.00 RESIDENCE-IMPS OTHER BLDGS- $13,689 $3,970 AIMS JUNIOR COLLEGE 6.3120000 $110.40 AGRICULTURAL HIGH PLAINS LIBRARY 3.2550000 $56.93 Total $180,217 $17,490 WEST GREELEY CONSERVATION 0.4140000 $7.24 Taxes Billed 2009 60.2410000 $1,053.62 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 REFERRAL LIST Name: Parker(Wiggins Telephone) Case #: SE-1173 Cou Towns & Cities Fire Districts _Attorney _Ault _Ault F-1 x Health Department _Berthoud _Berthoud F-2 _Extension Office _Brighton _Briggsdale F-24 _Emergency Mgt Office- Ed Herring _Dacono Brighton F-3 _Sheriffs Office _Eaton Eaton F-4 _ x Public Works _Erie _Fort Lupton F-5 _Housing Authority _Evans _Frederick _Airport Authority _Firestone _Galeton F-6 _Building Inspection _Fort Lupton _Hudson F-7 x Code Compliance _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 Div._ of Water Resources _Johnstown _Platteville F-13 _Geological Survey _Keenesburg _Platte Valley F-14 _Department of Health _Kersey _Poudre Valley F-15 _Department of Transportation _LaSalle _Raymer F-2 _Historical Society _Lochbuie _Southeast Weld F-16 _Water Conservation Board _Longmont _Union Colony F-20 _Oil &Gas Conservation Commission _Mead _Wiggins F-18 _Milliken Windsor/Severance F-17 Division of Wildlife _New Raymer _South Hwy 66 (Loveland) _Northglenn Commissioner _North Hwy 66 (Greeley) _Nunn _ _Division of Minerals/Geology _Pierce _Platteville Soil Conservation Districts _Severance _Big Thompson/FTC _Thornton _Boulder Valley/Longmont _Windsor _Brighton/SE Weld _Centennial Counties _Greeley/West Greeley _Adams _Platte Valley _Boulder _West Adams _Broomfield _Little Thompson _Larimer Federal Government Agencies Other _US Army Corps of Engrs _School District RE- _USDA-APHIS Vet Service _Central Colo. Water Cons _Federal Aviation Admin (Structures _RR over 200 ft or w/in 20000 ft of Pub _Ditch Company Airport _Art Elmquist(MUD Area) _Federal Communications Comm • • Print Form Kik LI***N: WI I D Weld County Referral C. June 9, 2010 COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Parker(Wiggins Telephone) Case Number SE-1173 Please Reply By July 8, 2010 Planner Chris Gathman Project Subdivision Exemption for a Public Utility Legal E2NE4 of Section 3, T6N, R62W of the 6th P.M., Weld County, Colorado. Location South of and adjacent to CR 74; west of and adjacent to CR 81. For a more precise location, see legal. Parcel Number 0797 03 100012 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. El 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. El See attached letter. Comments: Upon review of my case files and computer,no violations were noted. Signature I {(ompli ,c�� Date 06/09/2010 Agency Z ningComplia\) e O II +Weld County Planning Dept. +1555 N 17th Ave, Greeley,CO.80631 +(970)353-6100 ext.3540 +(970)304-6498 fax , 22,')10 647111 "Weld County Referral PC. June 9, 2010 COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Parker(Wiggins Telephone) Case Number SE-1173 Please Reply By July 8, 2010 Planner Chris Gathman Project Subdivision Exemption for a Public Utility Legal E2NE4 of Section 3, T6N, R62W of the 6th P.M., Weld County, Colorado. Location South of and adjacent to CR 74; west of and adjacent to CR 81. For a more precise location, see legal. Parcel Number 0797 03 100012 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. ❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan ❑ We have reviewed the request and find no conflicts with our interests. See attached letter. Comments: Signature CCi10 `— Date 7-7-to Agency CGd-� (AUL. G fA e/rk +Weld County Planning Dept. +1555 N 17th Ave, Greeley, CO. 80631 4)(970)353-6100 ext.3540 +(970)304-6498 fax • Weld County Planning Department GREELEY OFFICE (it MEMORANDUM 113 non RECEIVED IDTO: Chris Gathman, Planning Services DATE: July 7, 2010 C FROM: Heidi Hansen, P.E., Public Works Department - COLORADO SUBJECT: SE-1173, Parker(Wiggins Telephone) 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: WCR 74 is a local gravel road and requires a 60-foot right-of-way at full build out. There is presently a 60-foot right-of- way. This road is maintained by Weld County. Pursuant to the definition of SETBACK in the Weld County Zoning (23-1- 90), the required setback is measured from the future right-of-way line. This portion of WCR 81 is unmaintained County right-of-way. REQUIREMENTS: 1. The applicant shall obtain a Right-of-Way Permit for the proposed access. Contact the Public Works Traffic Engineer. 2. 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. 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: SE-1173 Page I of 1 M:\PLANNING—DEVELOPMENT REVIEW\SE-Subdivision Exemption\SE-1173.docx 0 -- = _ - ----._._------- ( NOun0099r a+Olld imPOOr� I ( O i 7ON NCIL&1 ca?;;t1 laane 7I ! `-R� 8 e - p ii•i ,r �.w.xo w ��.-.►u.r ve u.w w.ow n.nw, n« ,.a ,•� a d B ' -- =.,. ..[ -. .. .., I\ VONI 'ONIAInans ONV� �UcwH iNI SE 0 1 j _ I I g !I t I t j t F 6 'i i hi ! Ott 8;D 7 �t i pit {i� °Fl 24 lei�}( � ,�1l j F ticil . ## ! � c t {I I i if I �i e!'t§ } 1I !!;J 3111{ I!3!JJUI!I k Dt € J'tR t � �ii 6 j{ Rid jde i tj1j h. g vl3. 1 A t ' ',I'll! iii 1111 ;11 lE j r�Fje Ii; ji I f •%; 1.1 li.,1 lial I!, ihraii Mr' ift i ' lii ill#! i it ' ielll, II 1. f• it ! !Iiii,1 'illI ' 121tiz ;411111l= 1' F fpEiIil 11 'i, it FIIP Pi .=i311' D E ` t'a3lip II 11 �� F `�; FiII 1;1111 iir 9 It lb isii 'Ph ii t1) liti b_, 3 - f# t, itfli-riI cit.iigi ,11 VI'1 D 110 i Eiii T i = e k ii .` 1 i. �j1 ! Iiii ,,. if ii (1.A1 e; till i I Hill; ° -�' t 11 11 D I' it Iiijal� fl' iDit f f g ow a ii i D A• ii J a iI df it t %VL t{ 1 J WILLS` U II � t F I I I; F Q °dw '15,1 1 I Z ;a {t j i L - J;1I{i al! I I t Z i l''' i it; J f lilt th baj i J� § I c OLii i I...III 1 °t to jilt _it 0; 1 X icI:g g 931 1`' ' l I ! ill I 1 t 8 Z LIJ 'ao,Dx g 11111! ii 1= 1!Jtl gg fn- oZ0 i § itif 'ai , 44 t - oz -I .fitll}:itgil L---.. .- (,j` m a v ��il WCR 81 iii!J ;{{ ....'''Itii---- -7 i 1 1,:i kt c 11 CO -4 _ itrir R.W ---- � - t ZL Itt" Ill w t !115- �Fj 8 W ' hr i t k ' ti =1 i n S '7; �8jt s ;e ( 15 1 8f III , _ o a-i III IJ DM1 8 - _ f ��r r" I ��D #i WELD COUNTY ROAD ACCESS INFORMATION SHEET Weld County Pubic Works Department • WDate 1111 K 5teet P.O.9w 756, trashy,Colorado 90632 Phone: (970)356-4000,Et 3750 Felt (970)304-6497 1 Applicant Name Wiggins Telephone AssnriatinnPhone 970-481-7343 Address 414 Main St . Po Row 690 City Wiggins State rn ZioA0654 2 Addressor location of access NE 1 /4 of NE 1 /4 Section 3 Township 6 N Range 6 2w Subdivision Block Lot Weld Count/Road t 81 Side of Road west Distance from nearest intersection 7 0 ' 3 le theft en existing access to the properly? Yes No x 0 of ac se 1 4. Praposed Use: tirPemlanent 0 Rsaidenis lAgriculbual 0 Industrial 0 Temporary 0 SubdANelon 0 Commercial 0 Other 5. Sale Skeen --440/I34.14- heysnd for Amen Oeealptlore —,1 L. AG • A9rkulird RES • Restate, - o, WCR 74 — 040 • Or4Ore ot, wt. ••Ditch Road Er 0 = Morse f w W O • Mole c R R R A -Proposed Access S,I • •Esblhp Access I N WCR 7 7 .n.n.n.n....n......«..n .......n.. MCI del MY. Road _ADT On Amen Dots Rod. a Requirement Adz►—w ren � Der. Rodents WO Specie Condemn FOR D k fMasi m me berme 0 kdoriraa.n Insufficient Re+raed ey: Ttae http'.//www.co.weld.co.us/departments/public_works/Pennitting/ACCESS INFO SHEET.doc • Certificate of Conveyances Weld County Services Department of Planning State of Colorado ) County of Weld ) STEWART TITLE OF COLORADO hereby certifies it has made a careful search of its record, and finds the following conveyances affecting the real estate described herein since August 30, 1972, and the most recent deed recorded prior to August 30, 1972. LEGAL DESCRIPTION: E1/2NE1/4 of Section 3, Township 6 North, Range 62 West of the 6th P.M., County of weld, State of Colorado. CONVEYANCES (if none appear, so state): i/4Zeception No.: 1511827 Book: 590 L.--Reception No.: 1771197 Book: 849 Reception No.: 2494256 Book: 1549 vReception No.: 2901960 Book: This Certificate is made for the use and benefit of the Department of Planning Services of Weld County, Colorado. This Certificate is not to be construed as an Abstract of Title nor an opinion of Title,nor a guarantee Title, and the liability of STEWART TITLE OF COLORADO is hereby limited to the fee paid for this certificate. In Witness Whereof, STEWART TITLE OF COLORADO has caused this certificate to be signed by its property officer this 21st day of April, A.D., 2010, at 7:45 am. STEWART TITLE OFCOLORADO BY: CIA n�S;jA'7.11woaAn Autll£or zed Signature t i 1 w ; ' l ! f ✓L 4 . O ac ‘‘:',..,;,.\-.. ...„/‘,..,',; ,, �I s iift l r 1i ,art : r� ' '' t !e p ) Ifer V ' le tam �6 ✓ i s 1� , l S tr rf , c; '� ',71i'1,1 .;, ,1..1� ti✓ a: .. a �[e. ! ' e i 'o) is tf9 __ _•� f •�f w I• s A u t! / i'. P r�yy,� ] Q I o poor 590 Recorded u /.../.0�.o'clock P.M �afl �� r•e 1511827 ANN SPOMen 1 Reception No Recorder. KNOW ALI,Ttl9N BY THESE PRESENTS,That DEAN A, KL.INGENBERG and BETTY R. °•j,r KLINGENBERG 4 .' I of the County of Weld , ,and State of Colorado, S '•j. + I for the consideration of Other valuable consideration and Ten and no/100--Dollars, ' 4 M ,'.� O' In hand paid,hereby:tell and convey to FRED O. WILL and MOLLY 0.WILL, as joint tenant's 4 L ', at 6f the County of Weld ,and State of Colorado, the following real property, situate in the County of Weld r 1 .-1 and State of Colorado, to-wit: •�' IA (!!M ,y,: The North Half (N 1/2) of Section Three (3I, the Northeast Quarter (NE 1/4) and the East Half (E 1/2) of the Southeast Quarter (SE 1/41 of Section Tan (10), and all of Section Eleven (11), all in Town- *+ ship silt l61 I4trth, Baran Si-ct9-tr 1521 heat of t_te 6th 12.a.. 4 a excepting and reserving unto grantors herein an undivided 1/12th V. ut of all the oil, gas and other minerals lying in and under and that r c may be produced from the Northeast Quarter (NE 1/4) and the East •.i.l:� Half (E 1/2) of Southeast Quarter (SE 1/4) of Section Ten (10) , r.it''' j and the East Half (E 1/2) of Section Eleven (11), and an undivided 1/4th of all the oil, gas and other minerals lying in and under CI, . and that may be producted from the West Half (14 1/2) of Section '• Eleven (11) , all in Township Six (6) North, Range Sixty-two (62) °+I� e West of the 6th P.M., together with the right of ingress and N o* N I i o egress for the purpose of exploring for and removing same. _ n yj Jli •_ax. n a I n, ' c g ' 6 ,' n lift; ,• with all its appurtenances, and warrant the title to the same,bladedto inclusion within the cr. West Greeley Soil Conservation District; to mineral reservations of m. ^c record; and the 1967 taxes, payable in 1958. .4 Signed and delivered this 14th day of December •A.D. I9 67. 1 I .x e -- In the presence of D°N1 i erg /(,SEAL) .ak, t;. �j :, ' -"9ettf . ,' 1 noenpe 5L.GL IRL) e rr:» (SEAL) ', ni. STATE OF COLORADO` e COUNTY OF WELD. 155' 3-�[ s Zit ma T ter oirl§.gIhintument was acknowledged before me this...IC i . .day of. ea 196 fir ¶A R-i• :. T.LINGENBERG and BETTY R. IQ.INGENBERG. sex hated apd official seal. P , o a 'II fry nnurd tenon or pvvnw I:e.dn Insert nitrite or nano:If by persons art:,.,I,rcl're olive or official tawdry •-s or as attorney-In-Inds the„ insert name or person as caetul or, attorney-In-fact l other capably or &sedaton: if by '�ye officer of eorpnnt o that'n.ert,Mme of Much off ce or officer.,an the ores i'mt ne other°likes of such mryofuion,cum / ma It.-- STATUTORY ACKNOWLEDGMENT.SESSION n9Zl j!' WARRANTY DEED --Statutory Form , 4a%✓ Cr Retor4d at a'etxkl_`lY�. ' F( ,64.::,. .e .:D849 .R.nnueeN IfLti (pAtpe ST (_ - WaW CantYeCeblodp'� jets 1UlmDEED Mode CIO s26th ear et October - ,1678, PILING STAMP F.t `i between--3- ----FRED O. WILY i I : inafy` eftln County or-----Weld-- and Statew - ,Celeradi.ofiMDrstpart,aed----FRED O. WILL and MOLLY O, r— WILL, as joint tenants with right of survivorship and not } as tenants in common- ,,-/,-, - r wboeeleseladdieeels Route 4, Boat 7, Briggedale, 80611 - I` �. .. ofthe' Cromer o< Weld- and State sr D ,.1 Wanda.of the second port n WITNES38TEthet the.aid party of the lint part,for and In consideration of the sum of Other good and $'r valuable consideration and Ten and to/100- - .� �� " d other good and Saleable considerations to the saidpaid parties ".Cu Ian acknowledged, of the.,rot dart in hand by the saidcovey of the-' o second part,the receipt whereof,.hereby eonfmeed and acknowledged,hoe granted.bargained,sold and caveyed,ait, by there presents doer grant.bargain,sell,convey and ern unto the said parties of zeroed part.Her helm aid +:. -' emir"forever.not in tenancy in common but injoint tenancy.all thefaaowing described lot orpareel. - o. and situate,lyli,gand boleti.,the County of Weid---=---med SeateofCsiorado,to wit" ."- - The Southwest Quarter(SW1)of Section o: Three(3), Township Six(6)North, Range Sixty-two (62), West of the 6th P.M.,. Weld County, Colorado. r: also known steet and number tOCCDIXE With all and singular the hereditament.%and epwrtensnces thereunto belonging or in anywise ripper • tainting end elsemeedon and maaraiona,remainder and remainders.rents.issues and profit.thereat;and al the eetate.light.title Swarms claim and demand whatsoever of the said party of the fast part.either In law oregdty,e(in sad eo the above bargained premises.with the hereditament.and appurtenances. TO RAYEikND Tf[H0LD the said premises above bargained and described,with the appurtenances,unto the said parties of Die emnodpert,their heirs and assign forever,And the said party of the tint part,for himself,his hobs. ;I'. , ecetcrt'and edmim.tratan,does covenant,grant,bargain and agree to and with the said parties of the seabed pct, r `. I,' -_. their twin and iseiarie;that at the time of the ensealing and delivery of them epresents.he is well seized ofee premises t"' above conveyed,as of go^d,sure,perfect,absolute and Indefeasible.stale of inheritance.in low.in fee simple,and has_ v good right loll soarer end lawful authority to grant,bargain,sell and convey the same in manner and form aforesaid. _.- and that the name are free arid clear from all former and other grant.,bargains,sales.liens,taxes,assessment*and encumbnneeavfwhatever kind creature meter, subject to reservations, restrictions and limits- ' ',...,, .... tione of record, including any prior reservations of minerals; and the above'hp-gained premises in the quiet and peaceable possession of the said parties of the second part.the y survivor of them,their,assign,and the heirs and miens of such survivor,against all sod every person or persona ',_ awfaayclaiuingoe to claim the whole VW any part thereof.the said party of the firer part shall and wilWARRANTAND .I t;' FOREVER'DEPEND:The singular number shall include the plural,the plural the singular,and the use Warty gender *hall be apPaeable to all ganders. - IN WITNESS WHEREOF the said party of the first part he,hereunt the hand and Wile the✓day and year feat ebonwna V V A Slgned,Seeted and Delivered in the Presence of X r `(/'i, .� (Fre�O. WI 75EAL1 l $EALI . rsEAW ji -. C. OP COLORADO - - 0 1 0;-'. n.. $ IOTA.I of Weld J • s,` thane sansssfneuidtren acknowledged before me this 26th day of October ,is78, f is by €rtx3 \l1i I , 1, MrCwry 'kielb e}plre, July 8 .19 .Witness mrima4and offwalaeai. ,i J ) -Not fills WAWMt hsasahlelmLwm.-snared n,m.nmgt..h.pl.me sire,IFn«tC=brebameaiu-1-11 i vl , a. • - • "3"4 WARRANTY DEED THIS DEED, Made this 31st day of May, 1996 between Fred O. Will and Molly O. Will of the County of Weld and State of Colorado, grantor, and Edward O. Johnson and Valerie L. Johnson whose legal address is 1713 Elie Circle, Lafayette, CO 80026-1380 of the county of Weld and State of Colorado, grantees: WITNESS that the grantor for and in consideration of the sus of FIFTY FIVE THOUSAND G AND 00/100, ($55,000.00) Dollars the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm unto the grantees, their heirs and assigns /*9> forever, not in tenancy in common but in JOINT TENANCY, all real property, together with improvements, if any, situate, lying and being in the county of Weld and State S' C of Colorado, described as follows: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF: GRANTORS' RESERVE 3/4 INTERESTS IN ALL THEIR OIL, GAS AND MINERALS. also known by street and number as tbd, Briggedale, Colorado 80611 ToosTEBR with all and singular the hereditament* and appurtenances thereunto belonging, or in anywise appertaining and the reversion and reversions, remainder and remainders, rents, and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the grantor, either in law or equity, of, in and to the above bargained premises, with the hereditament' 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 hairs and personal representatives, does covenant, grant, bargain, end agree to and with the grantees, their heirs and assigns, that at the time of the annealing and delivery of these presents, he is well seised of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee single, and has good right, full power and lawful authority to grant, bargain, sell and convey the sans in manner and form aforesaid, and that the same era free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soccer, except general taxes for 1996 and subsequent yearn: except easements, restrictions, covenants, conditions, reservations and rights of way of record, if any; 2494256 B-1549 P-962 06/03/96 03:27P PG 1 OF 2 REC DOC 11.00 5.50 Weld County CO Clerk & Recorder 'The grantor shall and will WARRANT AND FOREVER DEFEND the above-bargained p ' in the quiet and peaceable pa ion of the grantees, their hair* and assigns, against all and every parson or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all ganders. IN WITNESS WHEREOF the grantor has executed this deed on the data set forth above. 0, Via Fred 0. Will Mo l 7 �' y O. W STATE OF COLORADO es. The foregoing instrument was acknowledged before me County of Weld } this 31st day of May, 1996 by Fred O. Will and Molly 0. Will Witness my hand and official seal. �`� •�• ••6�0''• My commission expires ,y r2 OARk P1180NO ARY PUBLIC � 1113 Tenth Avenue 1p c No.`92flb pAcOY 3-85 Greeley, COLORADO 80631 • ESCROW NO.: 8037687 DATE May 29 1996 "EXHIBIT A" LEGAL DESCRIPTION 2494256 B-1549 P-962 06/03/96 03:27P PG 2 OF 2 That portion of the 81/2 of Section 3, Township 6 North, Range 62 West of the 6th P.M., County of Weld, State of Colorado being more particularly described as follows: Considering the North line of said Section 3 as bearing East-West and with all bearings contained herein relative thereto: Beginning at the Northeast corner of said Section 3; thence along the North line of said Section 3 West 1320.00 feet; thence departing said North line and parallel with the East line of the NE1/4 of said Section 3 South 00 degrees 32 minutes 00 seconds East 2642.89 feet; thence parallel with the North line of said Section 3 East 1320.00 feet to the East One-Quarter corner of said Section 3; thence along the East line of the NE1/4 of said Section 3 North DO degrees 32 minutes 00 seconds West 2642.89 feet to the Northeast corner of said Section 3 and the Point of Beginning. Name and address of person creating newly created legal description (38-35-106.5, C.R.S.) Intermill Land Surveying, Inc. 1301 N. Cleveland Avenue Loveland, CO 00537 1111111111111111111 1111111111111111 1 1 1111 III 1111111111111111 11111 111 1111 11 11111111111111111111111111 2901960 11/20/2001 10:31A JA Suki Tsukamoto 1 W 2 A 10.00 D 6.75 Weld County CO __ ---1—r 960 WARRANTY DEED I. i '.i THIS DEED,Made this 15th day of November , 2001 ,between 1,. ��.,�n1 I EDWARD G. JOHNSON AND VALERIE L. JOILNSON `_!,-.(Z-s • 2cul Cc!coy of the said Comity of WELD and State of COLORADO ,grantor,and ' I GARY L. PARKER Lv.L,crc r- 7S .'. I. whose legal address is 4719 W. 5TH STREET , I GREELEY, CO 60634 of the said County of WELD and State of COLORADO ,grantee: II WITNESSETH,That die grant :for and in consideration of the sum of FIFTY-SEVEN THOUSAND FIVE HUNDRED fe 00/100 DOLLARS.the receipt and sufficiency of which is hereby I. acknowledged,has granted,bargained,sold and conveyed, and by these presents dots grant,bargain,sell,convey and confirm,unto the • ' grantee, his heirs and assigns forever, all the real property together with Nlprovemems, if any, situate, lying and being in the said County of WELD and State of Colorado described as follows: I SEE EXHIBIT "A" I I also known by sires and number as:TBD WCR 74, BREGGSDALE, CO 80611 d , TOGETHER with all and singular the hereditament'and appurtenances thereto belonging,or in anywise appertaining.and the reversion and reversions, remainder and remainders,rents,issues and profits thereof. and all the estate,right,title.interest.claim and demand what- soccer of the grantor,either in law ar equity,of,in aril to the above bargained premises.with the hercditamems and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances.unto the grantee,his heirs and assigns forever. And the grantor,for himself,his heirs,and personal representatives, does covenant,grant,bargain,and agree to and with the grantee. his heirs and assigns, that at the time of the caseating and delivery of these presents, he is well seized of the premises above Iconveyed.has good.sure,perfect, absolute and indefeasible estate of inheritance.in law, in fee simple,and has good right,full power and , lawful authority to grant, bargain, sell and convey the sane in manner and form as aforesaid, and that the sane are free and clear from all 1 former and other grants,bargains,sales,liens.taxes,assessments.encumbrances and restrictions of whatever kind or nature secver,except t. GENERAL TAXES FOR 2001, PAYABLE IN 2002, AND EXCEPT RESTRICTIONS, t RESERVATIONS, RIGHTS OF WAY, AND EASEMENTS OF RECORD, OR IN PLACE. li '1 The grantor shall and will WARRANTY AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable possession I of the grantee.his heirs and assigns,against all and every person or persons lawfully claiming the whole or any port thereof. The singular ICI minter shall include the plural,the plural the singular,and the use of any gender shall be applicable to all gender. IN THE E, HEEEO , e grantor has executed this deed on the datd set forth above. % I G. am_ ? CR ,FLU'JOHN � � o'— 1 µ'p( EDRD G. JOHNS VALERIE L. JOHNSON I ` • I J Il I State of COLORADO 1 1 sa County of WELD ) I 'The foregoing instrument was a:kswwledged before me this 15th day of November , 2001 , by EDWARD G. JOHNSON AND VALERIE L. JOHNSON My commission expires August 25, Witness my handand_official heal..• ' c:: 5ec `C > F{P 1,1 ' Nnbli; V 1 i. A `a.BRAZELTON ;o/1 __ L �_ Fist No.2oetaseu @elan ins,. Whom.m. ... ..,,ea�� ...Qk•', 419 W. STE PARKER Re.9a,A WAsaRAMY ageD @vr Feemenq,k 8n'eRecord) ap Q . GREELEY, CO 00634 en.1 9 • EXHIBIT A Order Number: 200169074 LEGAL DESCRIPTION THAT PORTION OF THE E1/2 OF SECTION 3, TOWNSHIP 6 NORTH, RANGE 62 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: CONSIDERING THE NORTH LINE OF SAID SECTION 3 AS BEARING EAST-WEST AND WITH ALL BEARING CONTAINED HEREIN RELATIVE THERETO: BEGINNING AT THE NORTHEAST CORNER OF SAID SECTION 3; THENCE ALONG THE NORTH LINE OF SAID SECTION 3 WEST 1320.00 FEET; THENCE DEPARTING SAID NORTH LINE AND PARALLEL WITH THE EAST LINE OF THE NE1/4 OF SAID SECTION 3 SOUTH 00°32'00" EAST 2642.89 FEET; THENCE PARALLEL WITH THE NORTH LINE OF SAID SECTION 3 EAST 1320.00 FEET TO THE EAST ONE-QUARTER CORNER OF SAID SECTION 3; THENCE ALONG THE EAST LINE OF THE NE1/4 OF SAID SECTION 3 NORTH 00°32'00" WEST 2642.89 FEET TO THE NORTHEAST CORNER OF SAID SECTION 3 AND THE POINT OF BEGINNING. 1111111111111111111111111111111111111111111111 2901960 2 or 2 R 10.00 D 5,73 Weld County CO • Hello