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(£LZ 3:7Vd '99 N008) LI \\ S fAvMOiH8.oc 8 111 �r m` -----'d!Rig.L A =S lilL �ros9z U 3,Z0•L0.00N = r• Lo c 'Q2I AINI10.3 Q73di eI • O i a DEPARTMENT OF PLANNING SERVICES WC RECORDED EXEMPTION ADMINISTRATIVE REVIEW COLORADO Applicant: Kathleen Board & Sandra Cavanaugh RE-4987 Planner: Ogle Legal Lot B, AmRE-3044; being part of the NW4 Section 33, T2N, R68W of the 61h Description: P.M., Weld County, CO. Parcel ID#: 1313-33-2-00-059 Lot A Size: 20 +/- acres Lot B 35 +/-acres Size: Water Lot A: Proposed Left Hand Water Sewer Lot A: Proposed Septic; Source: District[LHWD]; Lot B: LHWD System: Lot B: Permit#200500453 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. 2010-3119 • • 2. The Longmont Soil Conservation District has provided information regarding the soils on the site. The applicant shall review the information and use it to positively manage on site soils. 3. Prior to recording the plat: A. The plat shall be titled: Recorded Exemption No. 1313-33-2 RE-4987 B. Lot A and Lot B of RE-4987 shall use the existing residential access point as approved in Recorded Exemption AmRE-3044 and recorded by Reception No. 2415749, as no additional accesses shall be granted. C. The applicant shall submit to the Weld County Department of Planning Services the following: 1) A recorded copy of any agreement signed by all of the owners of the property crossed by the access. The access shall be for ingress and egress and shall be referenced on the plat by the Weld County Clerk and Recorders reception number. 2) A 30 foot wide joint residential access and utility easement extending across Lot A of AmRE-3044 from County Road 5 for the benefit of Lot A of AmRE-3044 and Lots A and B of RE-4987, shall be shown clearly on the plat. The joint easement shall be dedicated for the use as shown using the language set forth in the Weld County Code, Appendix 24-F.2. The easement shall be graded and drained to provide all weather access. D. All approved accesses shall be clearly shown on the plat. The applicant shall contact the Weld County Department of Public Works to determine if a culvert is necessary at any approved road access point. If a drainage culvert is required, a 15 inch Corrugated Metal Pipe (CMP) is Weld County's minimum size. If the applicant chooses to place a larger culvert please contact the Weld County Department of Public Works to adequately size the culvert. E. County Road 5 is designated on the Weld County Road Classification Plan as a local gravel road, which requires 60 feet of right-of-way at full build out. The applicant shall verify the existing right-of-way and the documents creating the right-of-way. All setbacks shall be measured from the edge of future right-of-way. If the right-of-way cannot be verified, it shall be dedicated. This road is maintained by Weld County. F. The applicant shall attempt to address the requirements (concerns) of the Mountain View Fire Protection District, as stated in the referral response dated December 9, 2009. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. G. All vehicles located on the property must be operational with current license plates, or be screened from all adjacent properties and public rights of way, or be removed from the property. All other items considered to be part of a noncommercial junkyard must also be removed from the property or screened from adjacent properties and public rights-of-way. H. Lot A shall comply with the less than thirty-five (35) acre maximum lot size required by Section 24-8-10.B of the Weld County Code. Net acreage calculations should not include reserved road right-of-way. • • The following notes shall be placed on the plat: 1) All proposed or existing structures will or do meet the minimum setback and offset requirements for the zone district in which the property is located. Pursuant to the definition of setback in the Weld County Code, the required setback is measured from the future right-of-way line. No building or structure as defined and limited to those occupancies listed as Groups A, B, E, F,H, I, M and R in Section 302.1 of the 2003 International Building Code, shall be constructed within a 200-foot radius of any tank battery or within a 150-foot radius of any wellhead. Any construction within a 200-foot radius of any tank battery or 150-foot radius of any wellhead shall require a variance from the terms of the Section 23-3-10 of the Weld County Code. 2) Any future structures or uses on site must obtain the appropriate zoning and building permits. 3) Lot A is not eligible for a future land exemption in accordance with Section 24-8- 20.C.1 of the Weld County Code. 4) Prior to the release of building permits, the applicant shall submit a recorded deed describing the Lot upon which the building permit is requested with the building permit applications. The legal description on such deed shall include the Lot designation and Recorded Exemption number. 5) Prior to the release of building permits, the applicant shall submit evidence to the Department of Planning Services that Lot A has an adequate water supply of sufficient quality, quantity and dependability. 6) Prior to the release of building permit, the applicant shall submit evidence of approval from the Mountain View Fire Protection District to the Weld County Building Department. 7) 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. 8) 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. 9) Any disturbance of wetlands shall require the applicant to contact the Army Corps of Engineers for permits pursuant to Section 404 of the Clean Water Act. 10) 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) 11) 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) 12) Prior to the release of building permits, 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. 13) WELD COUNTY'S RIGHT TO FARM: Weld County is one of the most productive agricultural counties in the United States, typically ranking in the top ten counties in the country in total market value of agricultural products sold. The rural areas of Weld County may be open and spacious, but they are intensively used for agriculture. Persons moving into a rural area must recognize and accept there are drawbacks, including conflicts with long-standing agricultural practices and a lower level of services than in town. Along with the drawbacks come the incentives which attract urban dwellers to relocate to rural areas: open views, spaciousness, wildlife, lack of city noise and congestion, and the rural atmosphere and way of life. Without neighboring farms, those features which attract urban dwellers to rural Weld County would quickly be gone forever. Agricultural users of the land should not be expected to change their long-established agricultural practices to accommodate the intrusions of urban users into a rural area. Well-run agricultural activities will generate off-site impacts, including noise from tractors and equipment; slow-moving farm vehicles on rural roads; dust from animal pens, field work, harvest and gravel roads; odor from animal confinement, silage and manure; smoke from ditch burning; flies and mosquitoes; hunting and trapping activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and fertilizers in the fields, including the use of aerial spraying. It is common practice for agricultural producers to utilize an accumulation of agricultural machinery and supplies to assist in their agricultural operations. A concentration of miscellaneous agricultural materials often produces a visual disparity between rural and urban areas of the County. Section 35-3.5-102, C.R.S., provides that an agricultural operation shall not be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs methods or practices that are commonly or reasonably associated with agricultural production. Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to assume that ditches and reservoirs may simply be moved "out of the way" of residential development. When moving to the County, property owners and residents must realize they cannot take water from irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water. Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice the size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of state and County roads outside of municipalities. The sheer magnitude of the area to be served stretches available resources. Law enforcement is based on responses to complaints more than on patrols of the County, and the distances which must be traveled may delay all emergency responses, including law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must leave their jobs and families to respond to emergencies. County gravel roads, no matter how often they are bladed, will not provide the same kind of surface expected from a paved road. Snow removal priorities mean that roads from S 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 two (2) paper copies of the plat for preliminary approval to the Weld County Department of Planning Services. Upon approval of the paper copies the applicant shall submit a Mylar plat along with all other documentation required as conditions of approval. The Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder by Department of Planning Services• Staff. The plat shall be prepared in accordance with the requirements of Section 24-8-60 of the Weld County Code. The Mylar plat and additional requirements shall be submitted within sixty (60) days from the date the Administrative Review was signed. The applicant shall be responsible for paying the recording fee. 5. In accordance with Weld County Code Ordinance 2005-7 approved June 1, 2005, should the plat not be recorded within the required sixty (60) days from the date the Administrative Review was signed a $50.00 recording continuance charge may be added for each additional 3 month period. 6. The Department of Planning Services respectfully requests the surveyor provide a digital copy of this Recorded Exemption. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles, Arclnfo Coverages and Arclnfo Export files format type is .e00. The preferred format for Images is .tif (Group 4). (Group 6 is not acceptable). This digital file may be sent to maps(aco.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. r (Th By Date January 18, 2010 gle ❑ Planner µ MELD COUNTY,COLORADO APARTMENT OF PLANNING SERVICES 918 10Th STREET GREELEY,CO 80631 PHONE:970-353-6100,EXT.3540/FAX:970-304-6498 .o J Date: 20 ''7 Receipt No. i 3 0 Received From: ' ' ( — - Permit Type No. Description Fee 4221 {`&E /r r 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. li ❑CASHtCHECK NO. TOTAL FEE �r r Receipted By DL# Exp. John Ehrhart Integral Surveying P.O. Box 930 Erie, Colorado 80516 Subject: First Review of Paper Plat for Recorded Exemption RE-4987 Dear Mr. Ehrhart: The Department of Planning Services is in receipt of a paper plat prepared for Kathleen Board and Sandra Cavanaugh for a two lot recorded exemption. The plat as prepared is substantially different that the original sketch that was submitted with the application materials. The configuration of a 20 acre parcel aligned east-west on the north side of the property has been reduced in scale to include only the west half of the original proposed parcel. Staff has reviewed this new configuration and does not consider this new configuration to warrant further referral review. That being said, there are a few amendments required for Recorded Exemption plat RE-4987. 1. Please delineate the right-of-way for County Road 5, as 30 feet to the east of centerline. Include references to Book and Page. 2. The property line is aligned with the centerline of the Lower Boulder Irrigation Canal. Each side of the centerline is 50 feet in width area for the ditch company. The use of this area is not for the adjacent property owner, there must be 30 feet to the east of the canal delineated as an Easement for Residential Ingress and Egress and Utility Access. Please amend the plat to so reflect. 3. Remove the leaders and arrows associated with the previous statement. 4. Identify the 30 foot in width Easement for Residential Ingress and Egress and Utility Access 5. There is a double "." at the end of the Right-to-Farm Statement. Please remove one ".". Please amend plat as requested and submit a .pdf file for final review and approval prior to moving to mylar. Questions may be sent electronically to my attention. Thank you. Kim Ogle From: Kim Ogle Sent: Thursday, August 05, 2010 7:47 AM To: 'John Ehrhat Cc: 'kboard@luhcares.org'; Kim Ogle John Ehrhart Integral Surveying P.O. Box 930 Erie, Colorado 80516 Subject: First Review of Paper Plat for Recorded Exemption RE-4987 Dear Mr. Ehrhart: The Department of Planning Services is in receipt of a paper plat prepared for Kathleen Board and Sandra Cavanaugh for a two lot recorded exemption. The plat as prepared is substantially different that the original sketch that was submitted with the application materials. The configuration of a 20 acre parcel aligned east-west on the north side of the property has been reduced in scale to include only the west half of the original proposed parcel. Staff has reviewed this new configuration and does not consider this new configuration to warrant further referral review. That being said, there are a few amendments required for Recorded Exemption plat RE-4987. 1. Please delineate the right-of-way for County Road 5, as 30 feet to the east of centerline. Include references to Book and Page. 2. The property line is aligned with the centerline of the Lower Boulder Irrigation Canal. Each side of the centerline is 50 feet in width area for the ditch company. The use of this area is not for the adjacent property owner, there must be 30 feet to the east of the canal delineated as an Easement for Residential Ingress and Egress and Utility Access. Please amend the plat to so reflect. 3. Remove the leaders and arrows associated with the previous statement. 4. Identify the 30 foot in width Easement for Residential Ingress and Egress and Utility Access 5. There is a double "." at the end of the Right-to-Farm Statement. Please remove one ".". Please amend plat as requested and submit a .pdf file for final review and approval prior to moving to mylar. Questions may be sent electronically to my attention. Thank you. Kim Ogle 1 Weid Couch/Panne g Services-r reeley Office 1555 North 17th Avenue I Greeley 00 86631 I konlelS)coveld.co.us 7.970 355.4000 x 3549 i hi 9.70 304 6498 i 2 NORTH SCALE: 1" = 200' I I' I D 50 200 bO I N 1/4 CORNER SECTION 33 I' �W CORNER SECTOR 33 J.3'RN BRASS CAP S9 22'E 2 2644.t29 NW 1/4 SEC. 33, T2N, EBBW, 6TH P.M. 2. C.L. LOWER BOULDER 3, IRRIGATION CANAL WI 4. 16 _ 0 N4619'32% 5- 11.02' d.AA'f 3506.9'.E 98I 9.07'Y WS,P. .00.10' 1: 579.23,0.7' FSP R9 B.1N301.50' 7'4. • -_ ,N, __ HII'30'I9E )ebe I Ze ` JW 1j'W 09.)1' 0. '/ N2214'26" , / LOT A [55 CORNER 5833Y3E y 9' 005'29'E Y'ACCESS F'AMFMi. 89.88' ` RECEPTORx11 7413]4° 10.501 ACRES 241 &2115]50,11/17/94 141620'03'E141620'03'E \ 30' EASEMENT FOR RESIDENTIAL 9. 59.29' INGRESS & EGRESS & UTILITY EASEMENT IG 924'14'32'W .\ •R$ry 53.35' �<3. F 50' WITNESS CORNER II to s a 1.14809'51'WW ..4`U .•- $$ Itla 40. N7: �` 12 Q 'a1 ' 4 0 0`1'W / B �4'i 3 C.L. LOWER BOULDER 629'03'53"E 51.55 46'WIRE CORNER hitJ{ IRRIGATION CANAL 13 E.,-2i O 4¢ Bz.1D• pI n 1,4600413'E 4‘4�.' LOT B W 95.41• z 4,41, I 46.424 ACRES O N562421'E U 5:.6' g q k z • I t kb III N40,3187 1' 53.09' \ ]]]IIICCC N521.02''E `>r� m.es' 589'34'20'E 844.74' Si. 17OB��A� /5 REBAR, NO CAP O. 559'34'17'E PLACED CAP, LS 29414 989.]9' 74.11' WITNESS CORNER I I NB 634'55'W W 1/4 CORNER SECTION 33 21632.773' CENTER OF SECTION 33 SURVEYOR'S NOTES. 1) 1111S SURVEY WAS PREPARED'MTNCOT THE BENERT OF A CURRENT TITLE COMMITMENT 410 DOES NOT CONsnnrE A MILE SEARCN BY INTEGRAL SURVEYING.NC.OF THE PROPERTY SHOWN AND DESCRIBED HEREON TO BEIEANINE 01010-(E-WAY, EASEMENTS µ0 ENCUMBRANCES OF RECORD AFFECTING IRIS TRACT OF LAM. 2) 90110E: ACCORDING TO COLORADO LAW YOU MUST COMMENCE µY LEGAL ACTON BASED UPON µY DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER YOU FIRST DISCO41:RR 4101 DEFECT. IN NO EVENT MAY µY ACTION BASED UPON µY DEFECT LEGEND. N THIS SURVEY BE COMMENCED MORE THANTEN YEARS FROM THE DATE OF THE CERTIFCA1ON 910M HEREON. 3) BASIS OF BEARINGS: ASSUMED NO015'49'E ALONG THE EAST UNE OF THE SUBJECT PROPERTY,MMUMENRD AS 010MN • FOUND #5 REBAR W/CAP LS 36070, UNLESS NOTED OTHERWISE HEREON. O SET #5 REBAR W/ CAP INTEGRAL LS 37885 4) THE PURPOSE OF THIS EXEMPTION SURVEY IS TO CREATE TWO SEPARATE PROPERTIES FROM ONE PROPERTY. EEGAS WELL 5) FLOOD INFORMATM: THE AMBER PROPERTY IF LOCATED IN 2ME 'C'.AREA OF MINIMAL ROWING,ACCORDING TO THE )$ FEMA FLOOD INSURANCE RATE MAP: COMMUNITY-PANEL No.080206 0650 C.REVISED SEPTEMBER 28,1982. p4. � , Nana ^l ° — s e E 1 n Fa ,x.. acp I c i wa^iR Ii h �. 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'' '1 i$Q1i gg IIiiiiia@3 yi'llii nil I! l¢@Ig "k3 qPt g e° I& 2F iN 1i !e !°iii aPFileli ebyl IIPgle°ei3h a y ° E li tlFi e Iih 1PE 9Fg $sIg 2Il 1 ,iPi bi °e iii A ° la ig i hEe.gii1 h31i3h5tell Ali v Pgg 9 qq ip gi@p § E !gp€ eg {a,El i° & ° igp5p °p 5F gI iF $ i �IaijgiFe 4E iC`5614S "`F 5 6 F Q§ e§@ �� glEs a 1° 9 a Ip2€iSI ii�9E$Gi5.iE3 i E'i irl is ii i1= lI FI I I; iela ig�i�4 � 1 i3 11€I g i�sg ;ii P. dig aaea CI cn is S cn -ur 'fd c I € o a3 I p E° s ! I pg l _ 1gFy g / A K. 9 Q 94 , 5 W .Ax AEb i`a a o-i h '^ a mi 1! fie 1 F E pig Lq g iP2 e .g W I96 " n n I 21E�! 11 liUa kl gi IId z / ; -` \ li ail • n F '1 -, / 3p n In 2 <. 4, q I 1 m lb ii Cb ;' ;t Ie "b ,q, I rn gc,,O-Is Rb in ¢ m v `b N „ 1a g3 ey Cb z i II J9 ��e 4. `] E it ii g7q£ 9 i 5 'ON .LLNIO3 ITT341 3 rs DEPARTMENT OF PLANNING SERVICES 1555 North 17th Avenue liD Greeley, CO 80631 kogle@co.weld.co.us C. PHONE (970) 353-6100, Ext. 3549 FAX: (970) 304-6498 COLORADO July 19, 2010 Kathleen Board Go John Ehrhart Integral Surveying P.O. Box 930 Erie, Colorado 80516 Subject: Conditions of Approval, Recorded Exemption, RE-4987 Dear John: On January 18, 2010 your application for a Recorded Exemption, RE-4987 was administratively approved by the Weld County Department of Planning Services with specific Conditions of Approval. One of the required Conditions of Approval grants the applicants sixty (60) days to submit a Mylar Plat. In addition to the Mylar Plat all conditions outlined in the staff report needs to be completed. Should you choose not to complete the Recorded Exemption, RE-4987 process and provide the required Mylar Plat, the Department of Planning Services will need to be notified in writing of your decision to withdraw the application. Planning Services Staff is aware of the difficulty and associated delays in meeting the Conditions of Approval normally associated with land use cases, and is willing to work with you in completing your request. Staff has granted at least one 90-day extension. Please notify the Department of Planning Services, in writing,within 10 working days of your decision to complete the Recorded Exemption, RE-4987 within the next 30 days or withdraw. If you chose to withdraw the application please sign and date the enclosed form and return to the Weld County Department of Planning Services, Attention: Kim Ogle, 1555 North 17'°Avenue, Greeley, CO 80631. If you are unable to meet the Conditions of Approval and record the plat within 30 days of the date of this letter your case will be scheduled for a hearing before the Weld County Board of County Commissioners If you have further question, please contact me at the above address or call (970) 353-6100 x 3549. incerely, Kim og Planni ervices File: RE-4987 • • July 19, 2010 Mr. Kim Ogle Department of Planning Services Administrative Offices 1555 North 171h Avenue Greeley, Colorado 80631 Subject: Recorded Exemption, RE-4987 Dear Mr. Ogle: I, Kathleen Board, desire to withdraw my Recorded Exemption, RE-4987 from consideration of the 2010 administrative approval. Thank you. Sincerely, Kathleen Board Date: Kim Ogle To: John Ehrhart Subject: RE: RE-4987 Extension Attachments: RE 4987 BOARD CAVANAUGH.doc John Thank you, I will add this email to the case file. The 90 day extension is granted from the date of the administrative comments. Kim Ogle Planning Services Original Message From: John Ehrhart [mailto:john@integralsurveying.com] Sent: Tuesday, February 23, 2010 9:38 AM To: Kim Ogle Cc: Kathleen Board Subject: RE-4987 Extension Hi Kim, This is to inform you, per our phone conversation, that the applicant for the above referenced recorded exemption, Kathleen Board, requests a 90-day continuance on the time period required to submit the plat. I am also requesting an electronic version of the staff review letter, dated January 18, 2010. Thank you for your assistance. Please let me know if you need anything else from me at this time. Best, John John Ehrhart, PLS Integral Surveying, Inc. Mapping the Future 720-530-3710 1 St. Vram Valley School District Weld County Planning Department GREELEY OFFICE December 15, 2009 We 18?nng Kim Ogle RECEIVED Weld County Planning Department 918 10`" Street Greeley, CO 80631 RE: Kathleen Board & Sandra Cavanaugh Two-Lot Recorded Exemption {Situate in the NW%of Section 33, T2N, R68W} Dear Kim: Thank you for referring the Kathleen Board & Sandra Cavanaugh Two-Lot Recorded Exemption, referral to the School District. The District has reviewed the development proposal in terms of (1) available school capacity, (2) required land dedications and/or cash-in-lieu fees and (3) transportation/access considerations. Upon review, the School District supports this development at this time. The reason for this position and other relevant information is as follows: • None of the schools in this feeder are expected to exceed 125% of their capacity within the next 5 years. Detailed information on the specific capacity issues, the land dedication requirements and transportation impacts for this proposal follow in Attachment A. The recommendation of the District noted above applies to the attendance boundaries current as of the date of this letter. These attendance boundaries may change in the future as new facilities are constructed and opened. If you have any further questions or concerns regarding this referral, please feel free to contact me via e-mail at kragerud ryan(a2stvrain.k12.co.us or at the number below. Sincerely, 4Rya Kragerud, AICP Planning/GIS Specialist Enc.: Attachment A—Specific Project Analysis Cash-in-lieu chart ST.VRAIN VALLEY SCHOOL DISTRICT PLANNING DEPARTMENT. 395 SOUTH PRATT PARKWAY, LONGMONT,CO 80501.SCOTT TOILLION, DIRECTOR. PHONE 303-682-7229. FAX 303-682-7344. ATTACHMENT A-Specific Project Analysis PROJECT: Kathleen Board &Sandra Cavanaugh Two-Lot Recorded Exemption (1) SCHOOL CAPACITY The Board of Education has established a District-wide policy of reviewing new development projects in terms of the impact on existing and approved school facilities within the applicable feeder system. Any residential project within the applicable feeder that causes the 125% school benchmark capacity to be exceeded within 5 years would not be supported. This determination includes both existing facilities and planned facilities from a voter-approved bond. The building capacity, including existing and new facilities, along with the impact of this proposal and all other approved development projects for this feeder is noted in the chart below. CAPACITY INFORMATION CAPACITY BENCHMARK* (includes projected students,plus developments student impact) School Building Stdts. Stdt. 2009-2010 2010.2011 2011.2012 2012-2013 2013-2014 Level Capacity Oct-09 Impact Stdts Cap. Stdts Cap. Stdts Cap. Stdts Cap. stdts cap. Elementary 552 543 1 539 98% 564 102% 596 108% 618 112% 658 119% Middle 532 494 0 491 92% 537 101% 580 109% 622 117% 664 125% High 726 699 0 669 92% 717 99% 762 105% 812 112% 864 119% Total 2496 1 1698 1818 1938 2053 2186 *students from new housing are added according to a 5 year buildout of approved plats wthin the school feeder. Specific comments concerning this proposal regarding School Capacity are as follows: • Specific Impact-This application will create the potential to add 1 new dwelling unit with a potential impact of 1 additional student in the Erie Elementary, Erie Middle and Erie High School Feeder. • Benchmark Determination — None of the schools in this feeder is expected to exceed the 125% benchmark within 5 years with the addition of expected new facilities. The School District is therefore supporting this application at this time. 2) LAND DEDICATIONS AND CASH IN-LIEU FEES The implementation of the Intergovernmental Agreement (IGA) Concerning Fair Contributions for Public School Sites by Weld County requires that the applicant either dedicate land directly to the School District along with provision of the adjacent infrastructure and/or pay cash-in-lieu (CIL) fees based on the student yield of the development. CIL fees only provide funds for land acquisition, which is only a small component of providing additional school capacity for a feeder. Specific comments regarding land dedications and CIL fees for this referral are as follows: • Dedication and/or Cash-in-lieu Requirements-The District does not anticipate the need for another school site in this area. Since no land dedication is required, CIL fees will be assessed. Current fees are included on the attached chart; however fees paid will be those in effect at the time of payment. • Number of Units covered by dedication/cash-in-lieu — All potential residential lots will be subject to CIL fees. • Dedication/Cash-in-lieu Procedures - Cash-in-lieu payments are to be made to the St Vrain Valley School District Business Office— 395 S. Pratt Parkway, Longmont, CO. 3)TRANSPORTATION/ACCESS Transportation considerations for a project deal with bussing and pedestrian access to and from the subdivision. Pedestrian access, in particular, is an important goal of the School District in order to facilitate community connection to schools and to minimize transportation costs. Specific comments for this application are as follows: • Provision of Busing - Busing for this project, under the current boundaries, would most likely be provided. Pedestrian Access—Due to its rural location, pedestrian access will not be an issue for this application. ST.VRAIN VALLEY SCHOOL DISTRICT PLANNING DEPARTMENT.395 SOUTH PRATT PARKWAY, LONGMONT,CO 80501.SCOTT TOILLION, DIRECTOR. PHONE 303-682-7229. FAX 303-682-7344. • gOUNr41,y lip MOUNTAIN VIEW FIRE PROTECTION DISTRICT Administrative Office: 9119 County Line Road • Longmont, CO 80501 e1+ (303) 772-0710 • FAX (303) 651-7702 e VIEW December 9, 2009 Mr.Kim Ogle Weld County Planning Department 918 10th Street Greeley,CO 80631 Dear Mr. Ogle: I have reviewed the submitted material pertaining to the recorded exemption for the Board/Cavanaugh property, located at 6880 Bulrush Boulevard (Case Number: RE-4987). The Fire District does not object to the request, but does have the following comments and requirements should future buildings be constructed either of the parcels created: • Water supply for fire protection may be required for a new dwelling. In instances when a request is for a recorded exemption and not a subdivision, water supply for fire protection is not required for a single family residence that is not larger than 3,600 gross square feet and is placed on at least a 2.5 acre site. If a residence exceeds 3,600 gross square feet, or is placed on less than 2.5 acres, water supply for tire protection requirements may apply. All other structures may require water supply for fire protection depending on the use of the new structure. • If water supply for fire protection is not available from fire hydrants, the installation of a residential fire sprinkler system is accepted as an alternative to meeting the required fire flow for residential structures. We appreciate being involved in the planning process. Should you have any questions, please contact me at 303-772-0710 x 15. Sincerely, C—P1\ LuAnn Penfold Fire Marshal t file Station 3 Station 4 Station 5 Station 6 Station 7 lnit B P.O.Box 575 P.O.Box 11 10911 Dobbin Run 50 Bonanza Dr. P.O.Box 40 299 Palmer Ave. 8500 Niwot Road Lafayette,CO Erie,CO 100 So.Forest St. Mead,CO 80542 Niwot,CO 80544 80026 80516 Dacono,CO 80514 • • Kristine Ranslem From: Kristine Ranslem Sent: Tuesday, December 08, 2009 10:07 AM To: Bethany Salzman; 'Hice-Idler, Gloria'; linda.brown-smith@state.co.us'; 'chris.mettenbrink@state.co.us'; 'nmcintyre@co.boulder.co.us'; 'dcase@ci.dacono.co.us'; 'Nellie Sawyer; 'ruskjudy@stvrain.k12.co.ust; 'rainbaa@earthlink.net; 'jkahn@blglaw.com'; 'svlhwcd@swi.net; 'Ipenfold@mvfpd.org' Subject: RE-4987 Referral Attachments: Map.jpg; Referrral Sheet.rtf; Application.pdf We have just received a case (RE-4987) in which we ask that you review the attached material and send a referral to us by January 7, 2010. Attached is the application, map and referral sheet. You may send your comments to the Planner assigned to this case, which is Kim Ogle (kogle(@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! K.ri.stLwe RG wstevu. Planning Technician Weld County Planning Services 918 10 Street, Greeley CO 80631 970-353-6100 ext. 3519 1 DEPARTMENT OF PLANNING SERVICES 0 918 10TH Street GREELEY, CO80631 PHONE: (970) 353-6100, Ex t. 3540 FAX: (970) 304-6498 COLORADO December 7, 2009 John Ehrhart PO Box 930 Erie CO 80516 Subject: RE-4987 - A Recorded Exemption located on a parcel of land described as Lot B AmRE-3044, located in Part of the NW4 of Section 33, T2N, R68W of the 6th P.M., Weld County, Colorado. Dear Applicants: Your recorded exemption application is being processed. If it is determined that the application meets the approval criteria of Chapter 24 of the Weld County Code, you will be notified that the recorded exemption is approved. If the staff determines that the application does not meet the approval criteria or if staff has concerns with the application, staff may elect to forward the application for review to the Board of County Commissioners. You will be notified and asked to appear before the Board of County Commissioners at a public hearing. You will be informed of the hearing date prior to the hearing. The Board of County Commissioners will then consider your application and make a final decision on the recorded exemption. It is the policy of Weld County to refer an application of this nature to any town or municipality lying within three miles of the property in question or if the property under consideration is located within the comprehensive planning area of a town or municipality. Therefore,our office has forwarded a copy of the submitted materials to the Dacono, Erie, and Frederick Planning Commission for their review and comments. It is recommended that you and/or a representative be in attendance at the Dacono, Erie, and Frederick Planning Commission meeting to answer any questions the Commission members may have with respect to your application. Please call Dacono at 303-833-2317, Erie at 303-926-2700,and Frederick at 720-382-5500,for further details regarding the date, time, and place of this meeting. If you have any questions concerning this matter, please call me. Sincerely, Kim Ogle Planner ...we-- Left Hand Water District November 5, 2009 Kathleen Board Sandra Cavanaugh 6800 Bulrush Blvd. Erie, CO 80516 Re: 6880 Bulrush Blvd. Lot B Amended Recorded Exemption RE-3044 TO WHOM IT MAY CONCERN: The property located at the above legal description is within the "Service Area" of Left Hand Water District . If all conditions and requirements are met, water service may be available to the above stated area in the future. Sincerely, Christopher P. Smith, P.E. District Engineer stri.Th r� APPLICATION FLOW SHEET COLORADO APPLICANT: Kathleen Board & Sandra Cavanaugh CASE #: RE-4987 REQUEST: Two-Lot Recorded Exemption LEGAL: Lot B AmRE-3044; located in Part of the NW4 of Section 33, T2N, R68W of the 6`h P.M., Weld County Colorado. LOCATION: East of and adjacent to Bulrush Blvd (CR 5) and approximately % miles north of State Hwy 52 PARCEL ID#: 1313 33 200059 ACRES: 52.66 +1-Acres Date By Application Received Application Completed 12/3/09 KO Referrals listed 12/7/09 KR Vicinity map prepared 12/7/09 KR File assembled ONO Case logged in computer Letter to applicant mailed Referrals mailed Field check by DPS staff Administrative Review decision: I • 1$ =;u Board of County Commissioners hearing (if applicable) Date By County Commissioners Hearing Date Surrounding property owners notified Presentation prepared CC action: CC resolution received Date Plat recorded and filed aO I . 16 � 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_ , RECORDED EXEMPTION (RE) APPLICATION FOR PLANNING DEPARTMENT USE DATE RECEIVED: RECEIPT/AMOUNT# /$ CASE#ASSIGNED: APPLICATION RECEIVED BY PLANNER ASSIGNED: Parcel Number 1 3 1 3 _ 3 3 _ 2 _ 0 0 _ 0 5 9 (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 LOT B,AMRE-3044 , Section 33 , Township2 North, Range68 West Has the property been divided from or had divided from it any other property since August 30, 1972? Yes X No Is this parcel of land, under consideration, the total contiguous land owned by the applicant? Yes No FEE OWNER(S) OF THE PROPERTY: Name: Kathleen M.Board&Sandra R.Cavanaugh Work Phone# Home Phone# 3-3y9 73'Z Email Email Address KBoard@luhcares.org Address:6880 Bulrush Blvd(CR 51 City/State/Zip Code Erie,CO 80516 APPLICANT OR AUTHORIZED AGENT (See Below:Authorization must accompany all applications signed by Authorized Agent) Name: John Ehrhart Work Phone# 720-530-3710 Home Phone# Email Address john@integralsurveying.com Address: P.O.Box 930,685 Brings St. City/State/Zip Code Erie,CO 80516 / LoYA VN Lot C Lot D Sm r Parcel / //// / I Water Source Le PA_2:^cd Ze 1/ cn ci Type of Sewer 7E'1�'1�� 5r Ai (- Proposed Use 71 is O)1 Acreage Z 0 3 5 1 lit Existing Dwellings? If Yes, list address If Yes, list address If Yes, list address If Yes, list address 1' below: Q , below: below: below: 1 . iti/A. 6.0,e5 6880 Bulrush Blvd If(he property is vacant or unimproved write propose water source and propose sewer system for each parcel in the blanks above. For example,if a well and septic is proposed state:proposed well,proposed septic. I (We) request that the following described property be designated a Recorded Exemption by the Weld County Board 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, notarized evidence mush/be included showing the signatory has the legal authority �to sign for the corn oration. --),(4,6,:), ,_. L L42... .,,,G�v /1/22/N -%y/4 e-,, `�/�r�a //'ZG/ r77- Signature: Owner or Authorized A nt DaCe Signature: Owner or Authorized Agent Date 4( Integral Surveying RECORDED EXEMPTION QUESTIONNAIRE November 16, 2009 To: Weld County Planning Department RE: Recorded Exemption, 6880 Bulrush Blvd (CR5) Parcel Number: 1313-33-2-00-059 1 a) Domestic Water Supply: Water will be provided by Lefthand Water. 1 b) Irrigation Water: Property came with 10 shares of The Leyner-Cottonwood Consolidated Co. and 10 shares of The Erie Coal Creek Ditch and Reservoir Company. 2) An engineered Septic system will be designed, constructed and permitted for Lot A according to Weld County ISDS requirements. A copy of the existing Septic Permit for Lot B is included with the application. 3) The property one farmhouse, one barn and is use for agricultural purposes. There is currently one oil and gas well head on the property. 4) The new lot will be approx 20 acres in size and located at the east side of the property. It is being created to be sold for a single family dwelling site. 5) The Lower Boulder Ditch runs along the western and northern edges of the property. 6) No building envelopes are requested at this time. 7) There are no businesses or Use by Special Review on the property. Mapping the Future OFFICE 303-828-3340 - FAX: 303-828-3418 - P.O. Box 930 - Erie, Colorado 80516 www.integralsurveying.com • • I NW COR. SEC. 33 •-•r .S.. _.. BOARD RE SKETCH • - LOT B, AMRE - 3044 , . NW 1/4 SEC. 33, T2N, R68W, 6TH P.M. • . `b I - , Ss. . I _ 1 i t tM 4.: • ACCESS 28' ESMT. REC. 2415749 4 1r r 0 U • , LOT B 35 ACRES LOT A ED1RICK "Lie 4 • 20 ACRES 41 • I y . i I 1 N • . • L • I ACCESS 30' ESMT AMRE-3044 - 4 , - - - - - - - - - • • Weld County Treasurer Statement of Taxes Due Account Number R2788904 Parcel 131333200059 Assessed To BOARD KATHLEEN M& 6880 CR 5 ERIE,CO 80516 Legal Description Situs Address PT NW4 33-2-68 LOT B AMD REC EXEMPT RE-3044(4.26D)SITUS:6880 5 CR WELD 6860 5 CR WELD 000000000 000000000 Year Charges Billed Payments Balance 2008 Tax $2,264.52 $2,264.52 $0.00 Grand Total Due as of 11/14/2009 $0.00 Tax Billed at 2008 Rates for Tax Area 2306-2306 Authority Mill Levy Amount Values Actual Assessed WELD COUNTY 16.804000' $481.10 AG-FLOOD $13,834 $4,010 SCHOOL DIST RE1J 46.285000 $1,325.14 IRRRIGATED LAND NORTHERN COLORADO WATER 1.000000 $28.63 AG-GRAZING LAND $314 $90 (NC FARM/RANCH $301,902 $24,030 MOUNTAIN VIEW FIRE 11.747000 $336.32 RESIDENCE-IMPS OTHER BLDGS: $1,740 $500 HIGH PLAINS LIBRARY 3.260000 $93.33 AGRICULTURAL Taxes Billed 2008 79.096000 $2,264.52 Total $317,790 $28,630 '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: Kathleen Board & San avanaugh le#: RE-4987 County Towns & Cities Fire Districts _Attorney _Ault _Ault F-1 x Health Department _Berthoud _Berthoud F-2 _Extension Office _Brighton Briggsdale F-24 _Emergency Mgt Office- Ed Herring _Dacono _Brighton F-3 _Sheriffs Office _Eaton _Eaton F-4 x Public Works _Erie _Fort Lupton F-5 Housing Authority _Evans _Frederick _Airport Authority _Firestone _Galeton F-6 _Building Inspection _Fort Lupton _Hudson F-7 x Code Compliance Beth _Frederick _Johnstown F-8 Kim Ogle (Landscape Plans) _Garden City _LaSalle F-9 _Lin (Addressing Change of Zone) _Gilcrest x 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 x 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 x South Hwy 66 (Loveland) _Northglenn _North Hwy 66 (Greeley) _Nunn _Division of Minerals/Geology _Pierce _Platteville Commissioner Soil Conservation Districts _Severance _Big Thompson/FTC Thornton _x_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 x School District RE-1J _USDA-APHIS Vet Service x Left Hand Water Dist _Federal Aviation Admin (Structures _RR over 200 ft or w/in 20000 ft of Pub x Lower Boulder Ditch Airport Company Federal Communications Comm Art Elmquist(MUD Area) • • REFERRAL LIST �J_t- Name: Case#: tt< " Oil County Towns & Cities Fire Districts _Attorney Ault _Ault F-1 K Health Department Berthoud _Berthoud F-2 _Extension Office _Brighton _Briggsdale F-24 _Emergency Mgt Office- Ed Herring X Decono Brighton F-3 _Sheriffs Office Eaton _Eaton F-4 K Public Works X Erie _Fort Lupton F-5 Housing Authority _Evans Galeton F-6 _Airport Authority Firestone Hudson F-7 -t_Building Inspection Fort Lupton _Johnstown F-8 /` Code Compliance_N.-Ann AS-Beth X Frederick _LaSalle F-9 Kim Ogle (Landscape Plans) _Garden City X 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 Div._ of Water Resources Johnstown Platte Valley F-14 _Geological Survey Keenesburg _Poudre Valley F-15 Department of Health _Kersey Raymer F-2 )C Department of Transportation _LaSalle _Southeast Weld F-16 Historical Society Lochbuie _Union Colony F-20 Water Conservation Board Longmont Wiggins F-18 Oil & Gas Conservation Commission _Mead Windsor/Severance F-17 Milliken Division of Wildlife _New Raymer Legal L(* 15 Pmaeopliti PtNkY-/6.3 K South Hwy 66 (Loveland) (N/p^ti,,,^lfye, _Northglenn Parcel ID# 13/3 333 ,oO,0,A/ _North Hwy 66(Greeley) _Nunn Zone At Acres? 5rj+W I, _Division of Minerals/Geology _Pierce USDA Platteville Airport Soil Conservation Districts _Severance Geo Haz At Big Thompson/FTC _Thornton FP? NO Panel # Boulder Valley/Longmont _Windsor IGA? ORD# _Brighton/SE Weld MUD? _Centennial Counties /p� _Greeley/West Greeley _Adams ��'e t ID'{ f ' ��' _Platte Valley _Boulder (P.:421/$D I2Je+ Aces& al West Adams Broomfield _Little Thompson _Larimer Federal Government Agencies Othe _US Army Corps of Engrs h School District RE- If S _USDA-APHIS Vet Service Central_ Colo. Water Conservancy Dist i Federal Aviation Admin (Structures _RR over 200 ft or w/in 20000 ft of Pub X Ditch Company,L00QP,yt,t-aa( Airport Art Elmquist(MUD Area) Federal Communications Comm TUf ittytk WG1-f i 019e' 4.1 µwd -6a 7 Commissioner Weld County Referral ' December 7, 2009 C. 009 COLORADO DECo�c o The Weld County Department of Planning Services has received the following item for review: Applicant Kathleen Board & Case Number RE-4987 Sandra Cavanaugh Please Reply By January 7, 2010 Planner Kim Ogle Project Two-Lot Recorded Exemption Legal Lot B AmRE-3044, located in Part of the NW4 of Section 33, T2N, R68W of the 6th P.M., Weld County, Colorado. Location East of and adjacent to Bulrush Blvd (CR 5) and approximately 3/4 miles north of State Hwy 52. For a more precise location, see legal. Parcel Number 1313 33 200059 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. .4r See attached letter. ❑ Please notify me of any public hearings regarding this request. Comments: Signature ii. 30 . O7 f Agency ?u/ Date t Weld County Planning Dept. 4918 10th Street Greeley,CO.80631 4(970)353-6100 ext.3540 4(970)304-6498 fax • • Weld County Planning Department GREELEY OFFICE s , MEMORANDUM "'� ' ,,, ,• RFcEwED C. TO: Kim Ogle, Planning Services DATE: January 4, 2010 0 �W�� FROM: Donald Carroll, Engineering Administrator 1�'- COLORADO SUBJECT: RE-4987, Kathleen Board & Sandra Cavanaugh 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 5 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. REQUIREMENTS: The easement shall be a graded and drained road to provide an all-weather access. Both Lots A and B shall share a joint access point per Rec. 2415749 The applicant shall place on the plat drawing: 30-foot access easement across Lot B for the benefit of Lot A on case RE-4987. pc: RE-4987 M:\PLANNING—DEVELOPMENT REVIEW\RE-Recorded Exemption\RE-4987.docx WELD COUNTY ROAD ACCESS INFORMATION SHEET Weld County Department of Public Works 111 H St PO Box 758 Greeley CO 80632 Phone: (970)356-4000 x3750 Fax: (970)304-6497 Road File#: Date: RE# : L Other Case#: 1. Applicant Name///ern /?o �/�� ''JA (114/18v 4Phone �63'3 e-7511Z Address &it3Jo d3&)ruS �- ( Dye' • City Eric StateC-CZip .-`7:x...>("7 (a 2. Address or Location of Access �tt yogi./ Section 33 Township 2- tJ Range 66b.J Subdivisionrm�3Block Lot Weld County Road#: 5 Side of Road Ca_____t_LCDistance from nearest intersection Z7 X30 3. Is there an existing access to the property? Yes I/7 No #of Accesses 4. Proposed Use: ( Permanent 0/Residential/Agricultural ( Industrial ( Temporary ( Subdivision ( Commercial ( Other e++*kteea+re*kHtee+MNm++*******+*m*** ***********:Hm+*+'mk:itexr`++ N+*++******e++ntk+kk+t*++x+x+*H++: 5. Site Sketch Legend for Access Description: AG = Agricultural RES = Residential O&G = Oil&Gas D.R. = Ditch Road d d-6- ❑ = House n�S O = Shed A = Proposed Access 9 _�.� h + = Existing Access /f4 3 2 • 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: (7 ( WELD COUNTY ROAD ACCESS INFORMATION SHEET Weld County Department of Public Works 111 H St PO Box 758 Greeley CO 80632 Phone: (970)356-4000 x3750 Fax: (970)304-6497 Road File#: 5 Date: 11-3o-ol RE#: y 51 ` f� / �a Other Case#: 1. Applicant Name.t 7//tf,T /� n Aril 0'.Cif Pek- i/1t4phone .d r-35/9-7542- Address 6,tSo &Irt,sL t?lyd . City Err !� State(CDZip S 7 (O 2. Address or Location of Acces' y Section 33 Township 2 r'l Range 6 151.--) Subdivisionpml3 Block Lot Weld County Road#: 5 Side of Road Ca-tr.—Distance from nearest intersection 2---7 So 3. Is there an existing access to the property? Yes No #of Accesses Z-- 4. Proposed Use: ( Permanent ( Residential/Agricultural ( Industrial ( Temporary ( Subdivision ( Commercial ( Other n ffllf******fllfMfYllfMfXifilflSLY&MiWI£MlflfffllNffff*XMXnr********!f**11!****** *.****IfffMi ff*1MY*ff 5. Site Sketch 1i VE 4.t4 Legend for Access Description: 5W' ,. r f 6- I 14 AG = Agricultural P° 9 9' RES = Residential O&G = Oil&Gas 11 D.R. = Ditch Road a 0-6- _�411 - ❑ = House /3e5 ' o = Shed v `''3 P' A = Proposed Access h _ + = Existing Access fi1 6- M. , — a� ' Vv I I 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: 7( Memorandum TO: Kim Ogle, W.C. Planning e.I DATE: January 8, 2010 FROM: Lauren Light, W.C. Department of Public COLORADO Health and Environment CASE NO.: RE-4987 NAME: Cavanaugh & Board Environmental Health Services has reviewed this proposal to exempt 20 acres from a 55 acre site. Proposed lot A will consist of 20 acres and proposed lot B will consist of 35 acres. There is an existing residence on proposed lot B which is served by Left Hand Water District and an individual sewage disposal system (SP-0500453). A new individual sewage disposal system and a tap from Left Hand Water District will be installed on proposed lot A when a residence is constructed. The following condition is recommended to be part of any approval: 1. A Weld County Septic Permit is required for the proposed home septic system and shall be installed according to the Weld County Individual Sewage Disposal Regulations. Please note, the lot owners shall verify with the nearest Town/City or Sanitation District to determine the location of the nearest sewer line. In accordance with the Weld County Code, if a sewer line exists within 400 feet of the property and the sewer provider is willing to serve the proposed structure, a septic permit cannot be granted by the Weld County Department of Public Health and Environment. Weld County Referral COLORADO December 8, 2009 The Weld County Department of Planning Services has received the following item for review: Applicant Kathleen Board & Case Number RE-4987 Sandra Cavanaugh Please Reply By January 7, 2010 Planner Kim Ogle Project Two-Lot Recorded Exemption Legal Lot B AmRE-3044, located in Part of the NW4 of Section 33, T2N, R68W of the 6th P.M., Weld County, Colorado. Location East of and adjacent to Bulrush Blvd (CR 5)and approximately 3/4 miles north of State Hwy 52. For a more precise location, see legal. Parcel Number 1313 33 200059 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 XX We have reviewed the request and find no conflicts with our interests. ❑ See attached letter. U Please notify me of any public hearings regarding this request. Comments: Upon review of my case files and computer, no violations were noted. 12/08/09 Signature Agency oning Compli ce er II Date +Weld County Planning Dept. +918 10th Street Greeley,CO.80631 4(970)353-6100 ext.3540 4(970)304-6498 fax (1,--,...,H, illikWeld County Referral COLORADO December 8, 2009 The Weld County Department of Planning Services has received the following item for review: 'Applicant Kathleen Board & Case Number RE-4987 Sandra Cavanaugh Please Reply By January 7, 2010 Planner Kim Ogle Project Two-Lot Recorded Exemption Legal Lot B AmRE-3044, located in Part of the NW4 of Section 33, T2N, R68W of the 6th P.M., Weld County, Colorado. Location East of and adjacent to Bulrush Blvd (CR 5)and approximately 3/4 miles north of State Hwy 52. For a more precise location, see legal. Parcel Number 1313 33 200059 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. \V , s n cto Ian 11�/u�//1f f� U e have reviewed the request and find no conflicts with our interests. O Comments: Signature ir)-(Aikt aktAk J P -C 1001 Agency 'GOWN of futem�i, . (,pMM O�V. Date £OWeld County Planning Dept. £O918 10th Street Greeley,CO.80631 £O(970)353-6100 ext.3540 £0(970)304-6498 fax d • Weld County Planning Department • GREELEY OFFICE VII 1FC 1 i 7M14 "ilkRECEIVED ! -s-01, Weld County Referral COLORADO December 8, 2009 The Weld County Department of Planning Services has received the following item for review: Applicant Kathleen Board & Case Number RE-4987 Sandra Cavanaugh Please Reply By January 7, 2010 Planner Kim Ogle Project Two-Lot Recorded Exemption Legal Lot B AmRE-3044, located in Part of the NW4 of Section 33, T2N, R68W of the 6th P.M., Weld County, Colorado. Location East of and adjacent to Bulrush Blvd (CR 5)and approximately 3/4 miles north of State Hwy 52. For a more precise location, see legal. Parcel Number 1313 33 200059 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 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: 7 Signature l/3 / /1' `� ( -9 - / ,C Agency orti mg.a4 a sec cJLc a i 571, Date sxWeld County Planning Dept. ro918 10th Street Greeley,CO.80631 fm(970)353-6100 ext.3540 s4(970)304-6498 fax • • Longmont Conservation District 9595 Nelson Road, Box D—Longmont, Colorado 80501—Phone(303) 776-4034—Fax(303) 684-9893 Site Review Memo To: Longmont CD Board From: Nancy McIntyre Subject: (List site name, location, Permit#, Purpose, etc.) Kathleen Board &Sandra Cavanaugh, east of and adjacent to County Road 5 and north of Highway 52. Case#RE-4987, a two lot recorded exemption splitting property into 35 acre and 20 acre lots with future sale of Lot A for a residential dwelling site. Prime Farmland: Land is considered farmland of statewide importance and prime if irrigated. Water Quality: The Lower Boulder Ditch runs along the western and northern edges of the property. Must maintain ditch right-of-way and protect from runoff. Noxious Weed Control: Develop a noxious weed plan with the Weld County Weed Department Soils Limitations: Soils are not limited Other concerns: N/A Summary comments: CONSERVATION- DEVELOPMENT-SELF GOVERNMENT 0 � t2-os• Oct Weld County Planning DepartmlIP GREELEY OFFICE • DEC 1 1 ?nna RECEIVED Igoe, Weld County Referral COLORADO December 8, 2009 The Weld County Department of Planning Services has received the following item for review: 'Applicant Kathleen Board & Case Number RE-4987 Sandra Cavanaugh Please Reply By January 7, 2010 Planner Kim Ogle Project Two-Lot Recorded Exemption "tt#Legal Lot B AmRE-3044, located in Part of the NW4 of Section 33, T2N, R68W of the 6th P.M., Weld County, Colorado. Location East of and adjacent to Bulrush Blvd (CR 5) and approximately 3/4 miles north of State Hwy 52. For a more precise location, see legal. Parcel Number 1313 33 200059 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. ❑ Please notify me of any public hearings regarding this request. Comments: Signature 2 bj\ Agency � �; Date tWeld County Planning Dept. 0918 10th Street Greeley,CO.80631 or(970)353-6100 ext.3540 4(970)304-6498 fax CWeld County Referral COLORADO December 8, 2009 The Weld County Department of Planning Services has received the following item for review: Applicant Kathleen Board & Case Number RE-4987 Sandra Cavanaugh Please Reply By January 7, 2010 Planner Kim Ogle Project Two-Lot Recorded Exemption Legal Lot B AmRE-3044, located in Part of the NW4 of Section 33, T2N, R68W of the 6th P.M., Weld County, Colorado. Location East of and adjacent to Bulrush Blvd (CR 5) and approximately 3/4 miles north of State Hwy 52. For a more precise location, see legal. Parcel Number 1313 33 200059 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. EI 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. ❑ Please notify me of any public hearings regarding this request. Comments: It is unlikely that this two lot subdivision will significantly impact the CR 5/SH 52 intersection. CDOT has no comment. Gloria Hice-Idler 12/9/09 Signature Agency CDOT Permits Date ';Weld County Planning Dept. 1918 10'"Street Greeley,CO.80631 ❑(970)353-6100 ext.3540 1(970)304-6498 fax Weld County Planning Department GREECE? OFFICE �. C. 17(109 E C V Er) Weld County Referral December 8, 2009 The Weld County Department of Planning Services has received the following item for review: Applicant Kathleen Board & Case Number RE-4987 Sandra Cavanaugh Please Reply By January 7, 2010 Planner Kim Ogle Project Two-Lot Recorded Exemption Lot B AmRE-3044, located in Part of the NW4 Legal of Section 33, T2N, R68W of the 6th P.M., Weld County, Colorado. East of and adjacent to Bulrush Blvd (CR 5) Location and approximately 3/4 miles north of State Hwy 52. For a more precise location, see legal. Parcel Number 1313 33 200059 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 no conflicts with our interests. Please notify me of any public hearings regarding this request. Comments: Signature /Z - /S—o Agency //�G& W,JCDUD�irr Lowe Date {J a a t-Pen_ I2- C£72-•100a- Dr^Z N C6 Weld County Planning Dept. 91810 Street Greeley,CO.80631 (970)3536100 ext.3540 (970)304-6498 fax Weld County Planning Department GREELEY OFFICE niC 17 711114 RECEIVED C VED Weld County Referral COLORADO December 8, 2009 The Weld County Department of Planning Services has received the following item for review: Applicant Kathleen Board & Case Number RE-4987 Sandra Cavanaugh Please Reply By January 7, 2010 Planner Kim Ogle Project Two-Lot Recorded Exemption Legal Lot B AmRE-3044, located in Part of the NW4 of Section 33, T2N, R68W of the 6th P.M., Weld County, Colorado. Location East of and adjacent to Bulrush Blvd(CR 5)and approximately 3/4 miles north of State Hwy 52. For a more precise location, see legal. Parcel Number 1313 33 200059 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. O We have reviewed the request and find that it does/does not comply with our Comprehensive Plan Ve have reviewed the request and find no conflicts with our interests. O See attached letter. O Please notify me of any public hearings regarding this request. Comments: Signature I 40/Z00� Agency (a/or4% .-✓/S,0✓i iii/44 Date .r.\.\/nIJ/.n...M•041111:11..n..M ...lfA O Anth C....M ran OAC I m/fl7fl' ,CAM nM 7G AA ....ffllfl\7flA CAOO S.... 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 of Amended Recorded Exemption No. 1313-33-2-AMRE-3044, recorded December 9, 2003 as Reception No. 3133572,being a part of the NW ''A of Section 33, Township 2 North, Range 68 West of the 6th P.M., County of Weld, State of Colorado. CONVEYANCES (if none appear, so state): Reception No. 1526258 Book 604 Reception No. 1526259 Book 604 ;J Reception No. 2047841 Book 1107 ,/Reception No. 2048602 Book 1108 Reception No. 2056307 Book 1115 jReceptionNo. 2060171 Book 1119 J Reception No. 2413998 Book 1466 Reception No. 2415748 Book 1468 J Reception No. 2450502 Book 1505 Reception No. 2529660 Book 1587 J Reception No. 2568803 Book 1626 J Reception No. 2661513 \IIReception No. 2675328 /Reception No. 2926690 /Reception No. 3133572 1/Reception No. 3140323 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 day of Gui t.a.,- , 2009, at Fort Collins, Colorado. Heritage Title Company Order No. 110260567 By: - Authorized Signature 1:p Jtra attN..tLULiJ.J.57� :.` _ Yvox 604 es Rcordedat L.' ? t .fanloek t•'1 Reception Na...._SS2G2SB ANN,JpgMfg �mozdsn INmnro• THIS DEED, Made thin 30th day of October 19 68 between ;TOSEPHINE H. MILES and ERNESTINE BLOCK ( GRIGSBY, as joint tenants with right of survivorship of the City and County of Denver and State of Colorado,of the first part,and I FRANK L. McGUANE, JR, of the City and County of Denver and State of 04 LIN t^t Colorado,of the second part: - NI rt WITNESSETH.That the said parties of the first part,for and in cousiideratlon of the sum of TEN DOLLARS & other valuable consideration • AiRfiiRE r- to the said part ies of the first part in hand paid by said pert y of the second part,the receipt whereof le hereby confessed and acknowledged,have granted,bargained,sold and conveyed,and by these presents do grant,bargain,sell,convey and confirm,unto the said party of the second park hisbdn end assigns for. ever,all the following described lot $ or parcels of lend,situate,lying and being In the County of Weld and State of Colorado,to wit: The South one-half (S1/2) of the Southwest one-quarter (SWl/4), Section Twenty- eight (28),- Township Two (2), Range 68 West, containing 79 acres; also The Northwest one-quarter(NWI 4), Section Thirty-three (33), Township Two (2), -Nr- Range 68 West, containing 158 acres, except the mineral rights reserved to the Union Pacific Railroad Co. TOGETHER with all water rights and priorities, Ditch rights and privileges connected with, used upon, or appurtenant to said lands or any thereof, and particularly, Ten (10) of Stock in the Consolidated Lower Boulder Reservoir & Ditch Company, Fourteen 114) shares of stock in the Erie-Coal Creek Ditch & Reservoir Company. One-half share in the Boulder & Weld County Ditch Company, and five shares of stock in the Base Line Land & Reservoir Company, and all Ditch & Reservoir rights represented by said stock, and all other water rights. CONVENIENCE DEED TOGETHER with all and singular the bereditements and appurtenances thereto belonging, or in anywise appertaining,and the reversion and reversion,remainder and remainders,rents,Issues and profile thereof,and all the estate,right,title,interest,claim and demand whatsoever of the said part least the first part,either in law or equity,of,hi 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 said party of the second part, his heirs and assigns forever. And the said part lea of the first part, for theaeel yes heirs,executors,and administrators,do es covenant,grant bargain,and agree to and with the said party of the second part, hisheirs and assigns,that at the time of the ensealing and delivery of these presents, are well seized of the premises above conveyed,as of good,sure,perfect,absolute and indefeasible estate of inheritance,in law,in fee simple,and ha ye good right,full power and lawful authority to grant,bargain,sell and convey the gimme in manner and farm as aforesaid,and that the same are free and clear from all former and other grants,bargains,sales,gem taxes,assessments and encumbrances of whatever kind or nature;Dever. and the above bargained premises in the quiet and peaceable possession of the said part y of the second part. his heirs and assigns against all and every person or persons lawfully claiming or to claim the whole or any part thereof,the said part ies of the first part shall and will WARRANT AND FOREVER DEFEND. IN WITNESS WHEREOF,the said part iesof the first port ha ye hereunto set their hand s end seal-8 the day and year first above written. • ERNESTINE BLOC GRiG98Y (SEAL) AL I ,is/alt . .IR�S1'f1TE OF OOLORADO, j .•'e�Cit nc�• -,Oduntr of Denver Jsa yy..tt (5gir{'hikeilejfglpg.io( tgnent was acknowledged before me this 30th day of October ;>♦E 66,ity.-+�Tparxg��yh"r�Qa H. les i C%Yi) 9 N��yb4Dmyde�� :xpirda July 21 1p 71 ,wan 9 hand an official seal. 'p r vr. � t,D,,,tl,. NeYp Puellu No.932.wurrtM:TT ante—pa,rh.wrt.eue n,,.,a.nne6ei Pebleales Co.ueearr awn stmt,Enver,Colorado 3y,//� ,,cot bCJ4 :3+x._47 71.0.'.1.,.-eQ efia � 1526253 au ,mlE,._ aKa o wcoro 2 -- - ° a=••z ,;uo?o!.(ate - o. ,,a .,,,,..t..- /. ?,,1' /c7(nef Nowt' ,:. 0ommlqelan'l�iilta ..-....,. _,,,..i a?9 M1.$tmm4selot fxpjra my.1,19.9g ,rtYJ4 fy. : 1; P06' + - ,., P� Pl Oda,•' t ll II ' ` jR e 9 i I i• '4 ! i I i 9 Yd i !e I IN i i k ; d E CO I A o ® I j 3 V' 8 it i 3 q ' s 0 .g2 i i i < 8 1 .riz' b.i G 14 I ! S e. i 9 al x q ' (J g �Y m I I 'I el;be' \ I Vl g i W11 I p I I 04 p° JAN 01969 Ot wog 604 Recorded at.._..L� oclock..F� H ...baba • Reception No�._ S!Z.s�.'S9,____._._._.._.._.._AHN....SCRMFR._.Recoeden mv.erre THIS DEED, Made this 3let day of O,k bgr p19 68 between FRANK L. McGUANE •SR D` of the City and County of Denver and State of Colorado,of the first part,and JOSEPHINE H. MILES and ERNESTINE BLOCK GRIGSBY, as tenants in common of the city and County of Denver and State of N rI Colorado,of the second part: N I I-I WITNESSETH,That the said part y of the first part,for and in consideration of the sum of TEN DOLLARS & other valuable consideration Velith64 BD to the said pert y of the first part in hand paid by said part lee of the second part,the receipt whereof is hereby confessed and acknowledged,has granted,bargained,sold and conveyed,ed and a rg , y by these s presents s ig es grant,bargain,sell,convey and confirm,unto the said part feaof the second part, their heirs and assigns for- e ever,all the following described lot a or parcel s of land,situate,lying and being in the County of Weld and State of Colorado,to wit: The South one-half (S1/2) of the Southwest one quarter (SW1/4), Section Twenty- `` eight (28), Township Two (2), Range 68 West, containing 79 acres; also The c'a Northwest one-quarter (NW1/4), Section Thirty-three (33), Township Two (2), Range 68 West, containing 158 acres, except the mineral rights reserved to the Union Pacific Railroad Co TOGETHER with all water rights and priorities, Ditch rights and privileges connected with, used upon, or appurtenant to said lands or any thereof, and particularly, Ten (10) of Stock in the Colsolidated Lower Boulder Reservoir & Ditch Company, Fourteen (14) shares of stock in the Erie-Coal Creek Ditch & Reservoir Company One-half share in the Boulder & Weld County Ditch Company, and five shares of stock in the Base Line Land & Reservoir Company, and all Ditch & Reservoir rights represented by said stock and all other water rights. CONVENIENCE DEED TOGETHER with all and singular the hereditament. and appurtenances thereto belonging, or in anywise appertaining,and the reversion and reversions,remainder and remainders,rents,issues and profits thereof,and all the estate,right,title,interest,claim and demand whatsoever of the said part y of the first part,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 said part les o1 the second partjheir heirs and assigns forever. And the said part y of the first part, for him sal f his heirs,executors,and admitistratora,do es covenant,grant,bargain,and agree to and with the said pert iesof the second part, theirheirs and assigns,that at the time of the caseating and delivery of these presentsja well seized of the premises above conveyed,as of good,sure,perfect,absolute and indefeasible estate of inheritance,In law,in fee simple,and ho s good right,full power and lawful authority to grant,bargain,sell and convey the eases in manner and form as aforesaid,end that the same are free and clear from all former and other grants,bargains,sales,lions.tam,assessments and encumbrances of whatever kind or nature eoever. and the above bargained premises in the quiet and peaceable possession of the said part ice of the second part, their heirs and Resigns against all and every person or persona lawfully claiming or to claim the whole or any part thereof,the said part y of the first part shall and will WARRANT AND FOREVER DEFEND. IN WITNESS WHEREOF,the said part y of the first part ha E hereunto set his hand and seal the day and year first above written. . 11 14.FRAFTK .Ie....'MFG r A. . J AL) ( (SEAL) II ' (SEAL) • II T�oaTE OF COLORADO, Ci �igtl t.p,n y of Denver st The joregoingf instfIsdent was acknowledged before me this 31st day of October 1B,D68rby g-r n'nj(J. McGuane ,Jr ,Ot•Y •6mmies os .x lrp9 July 21 ,. /�971 Witness y hand and official seal. No.9mg.WARRANTY REED.--Pe,Peelvneale Record—Bradford Publishing Cs.Iel-la Meat Street,Denver.Coloreds AR2047841 ` st"rds B 1107 REC 02047841 03/27/86 12:01 $6.00 1/002 F 1240 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO Itucuptiol No Tins DEED, Made this Cettl day of j'rt2'rdh , .i9 8G .between JANE G. SENCENBAUGH, Personal Representative of Estate of ERNESTINE B. GRIGSBY, Deceased 7413 Tudor Road, Colorado Springs, of the County of El Paso and Slate of Colorado.ofthc first part.and JANE G. SENCENBAUGH • whose legal address is 7413 Tudor Road, Colorado Springs, of the County of El Paso and State of Colorado,of the second pan. ' WITNESSETI I.Thai the said party of the first part.for and in consideration of the sum of • specific bequest in LAST WILL AND TESTAMENT of ERNESTINE B. GRIGSBY, Deceased Dollars, to the said pary of the first part in hand paid by the said party or the second part, the receipt whereof is hereby confessed and acknowledged,h5 remised,released,sold,conveyed and Quit-Claimed, and by these presents do es remise.sell,convey and Quit-Claim unto the said party of the second part her heirs and assigns forever.all the right,title,interest.claim and demand which the said party of the fiat part has in and to the followingdescribed LOT OR PARCEL OF LAND situate.lying and being in the County of Weld and State of Colorado.to wit: An undivided 1/2 of the undivided 1/2 interest of ERNESTINE B. GRIGSBY in and to the South 1/2 of the SW 1/4 of Sec. 28 and the I NW 1/4 of Sec. 33 all in T 2 N, R 68 W of the 6th P.M., Weld County, Colorado; LESS a parcel of land located in S 28, T 2'N, R 68 W of the 6th P.M. and more particularly described as follows: COMMENCING at the SW corner of S 28, T 2 N, R 68 W of the:6th j P.M., thence North 0 degrees 04' B along the West line of Sec. 28 a distance of 1332.8 feet; thence South 89 degrees 53' E 30.0 feet to the true point of begining, being a point on the E line of county road right-of-way thence;. South 89 degrees 53' E, 1285.0 feet along an old, well established fence line; South 0 degrees 04' W 339.0 feet; North 89 degrees 53' West 1285.0 feet 1 to the E line of the county road right-of-way, North 0 degrees 04' E 339.0 feet along said right-of-way line to the true point of beginning; including proportionate interest in rights to oil ICI and gas and other minerals (subject to coal rights of Union II Pacific Railroad hereinafter described) . TOGETHER WITH an i. undivided 1/2 of the undivided.1/2 interest of said ERNESTINE B. II GRIGSBY in and to: 38 Shares of Capital Stock of Erie and".Coal Creek Ditch Co., 25 Shares of Capital Stock of Leyner=CottonSood'. II Ditch Co.; 10 Shares of Common Stock of Lower Boulder',Di.tdh"Coi ii 5 Shares of Baseline Land and Reservoir Company; 1/4 Share of Capital Stock of Boulder and Weld Ditch Co. AND TOGETHER ,t4tTR an =; undivided 1/2 of entire 15 acre foot units as'allocafed by fi Northern Colorado Water Conservancy District as filed--in- WeN." County, Book 978, Reception No. 1905097 in sole name of ERNESTINE B. GRIGSBY. EXCEPT right of way as granted by instrument recorded in Book 902, Page 325, Weld County records; easement as granted by instrument recorded in Book 1451, Page 213, Weld I342 6)Nei.751,OnMr CI Ant Drell— nndkN 1461i.M1i„e.Mil W.6th Are..LakermJ.CO eat.—3031 UJ-69 t B 1107 REC 02047841 03/27/86 12:01 $6.00 2/002 F 1241 MARY ANN FEUERSTEIN CIE RR & RECORDER WELD CO, CO • County records; reservations contained in Patent recorded in Book 153, Page 40, and in deed recorded in Book 77, `Page 356, Weld County records; reservation to Union Pacific Railroad of coal rights pertaining to NW1/4 of Sec. 33, T2N, R6BW of the 6th P.M., taxes assessed for calendar years of 1985 and 1986; other easements and rights for telephone lines, roads, ditches, and utilities shown of record; and subject to oil and gas lease to Amoco Production Company. • TO HAVE AND TO HOLD TI I E SAME.Together with all and singular the appurtenances and privileges thereunto belonging or in anywise thereunto appei taining.and all the estate, right,title, interest and claim • whatsoever of the said parr/ of the first part,either in law or equity. to the only proper use,benefit and behalf of the said party of the second part. her heirs and assigns,forever. INWrfNESSWHERF.OI1The said party of the lira part has hereunto set her hand and seal the day and year first above written. C • S Signed,Scaled and Delivered in Presence of � '`� �f�a-^f"'�"-^F";t "` ISEAL) // JANE G. SENC NBAUGA ,...c AA NAA Y.n'./lh/A,N.(F2s - - ISEALI [SEAL.( ISEALI �I l STATE Op COLORADO. Ss. County of El Paso • k\bed eZ, Lour a Ntke.vY Vubttc. in and for said County in the Smealltresnid,do herchy certify than SANE G. SENCENBAUGH70-0 eetcent: E,pre56wtskdie D PI2J i LN L 3, G121@53 Y ) ecea et ' personally known to nse to be the person whose name is subscribed to the foregoing Deed.appeared before me this day in person, and acknowledged that she signed, scaled and delivered the said instrument of writing as her free and voluntary act for the uses and purposes therein set forth. I - ....... Given under my hand and 'tat attat seal. his 2fo41 day oOEp......... Cn Mwe qfs G ail' ah it g yyl,�s_p,nTAR ' - My Commission expires &A. 1) I987 p ; Notary iLblic a 4 Q ll,,,4 ekeP•hrr:, :, C/rek Foy I o • MAR, 2 8 1885 432 A22048602 uca,de " ,rdo.d._a.. B 1108 REC 02048602 04/02/86 13:28 $6.00 1/002 fiyfiu0 C F 0492 MARY ANN FEUERSTEIN CLERK a RECORDER WELD CO, CO .._ ,.,;,,sue ,,,, L Tills 01.1ED,Made this 2tot day of ,\•are-h ,19 frG .between JANE G. SENCENBAUGH, Personal Representative of Estate• of ERNESTINE B. GRIGSBY, Deceased • AF3, 7413 Tudor Road, Colorado Springs, LQ oft he County of El Paso and SlateorCotoradai•btrhe Prat part.and ROBERT J. GRIGSBY • whose legal addressis 500 Coffman Street, Longmont •, of the County of Boulder and State of Colorado.ofihe second part. yyy WITNESSETH.That the said party ofthe first part.for and in consideration of the sum of specific bequest in LAST WILL AND TESTAMENT of ERNESTINE B. GRIGSBY, Deceased Dollars. to the said part y of the first part in hand paid by the said pry of the second part, the receipt • whereof is hereby confessed and acknowledged,ha s remised,released,sold,conveyed and Quit-Claimed. and by these presents do es remise,sell,convey and Quit-Claim untothe said party of the second part his heirs and assigns forever.a the right.title,interest.claim and demand which the said party of the first part has in and to the following described LOT OR PARCEL OF LAND situate.lying and being in l he County of Weld and State of Colorado.to wit: An undivided 1/2 of the undivided 1/2 interest of ERNESTINE B. GRIGSBY in and to the South 1/2 of the SW 1/4 of Sec. 28 and the NW 1/4 of Sec. 33 all in T 2 N, R 68 W of the 6th P.M., Weld County, Colorado; LESS a parcel of land located in S 28, T 2 N, R 68 W of the 6th P.M. and more particularly described as follows: COMMENCING at the SW corner of S 28,. T 2 N, R 68 W of the 6th P.M., thence North 0 degrees 04' 2 along the West"line of Set. 28 a distance of 1332.8 feet; thence South 89 degrees 53' E 30.0 feet to. the true point of begining, being a point on the 2 line of county road . right-of-way thence; South 89 degrees 53' E, 1285.0 feet along an-Old, Well e'stabli'shed fante'lina; South 0- degrees 04' W 339.0 feet; North 89 degrees 53' west 1285.0 feet to the E line of the county road right-of-way, North 0 degrees 04' E 339.0 feet along said right-of-way line to the true point of beginning; including proportionate interest in rights to oil. and gas and other minerals (subject to coal rights of Union Pacific Railroad hereinafter described). TOGETHER WITH an undivided 1/2 of the undivided-1/2 interest of said ERNESTINE B. 5! GRIGSBY in and to: 38 Sharesof Capital Stock of Erie and 'Coal Creek Ditch Co.; 2_5 Shares of Capital Stock of Leyner-Cottonwood I Ditch Co.; 10 Shakes. of Common Stock of Lower Boulder Ditch Co.; 5 Shares of Baseline Land and Reservoir Company; 1/4 Share of II Capital Stock of Boulder and Weld Ditch Co. AND TOGETHER WITH an it undivided 1/2 of entire 15. acre foot units as allocated by Northern Colorado Water Conservancy District as filed in Wald' County, Book 978, Reception No. 1905097 in sole name of ERNESTINE B. GRIGSBY. , EXCEPT right , of way as granted by instrument recorded in-Book 902 .Page 325, Weld County records; easement as granted by instrument recorded in Book 1451, Page 213, Weld 1,42Nn.7$d.WET(Lola Men.— nndfmdIMnAn.915 Wait.Nt.LYewod.CO MIM—IIDnZJJ.M00 f4 B 1108 REC 02048602 04/02/86 13:28 86.00 2/002 F 0493 MARY ANN FEDERSTEIN CLERK 6 RECORDER WELD CO, CO County records; reservations contained in Patent recorded in Book 153, Page 40, and in deed recorded in Book.77, Page 356, Weld County records; reservation to Union Pacific Railroad of. coal rights pertaining to NW1/4 of Sec. 33, T2N, R68W of the 6th P.M., taxes assessed for calendar years of 1985 and 1986; other easements and rights for telephone lines/ roads, ditches, and utilities shown of. record; and subject to oil and gas lease to Amoco Production Company. • • TO IIAVE AND TO I MD THESAME.Together with all and singular the appurtenances and privileges • thereunto helongiitg or in anywise'hereunto appertaining.and all the estate.right,title.Interest and claim • whatsoever of the said party of the rest part,either in law or equity,to the only proper use.benefit and behalf of the ctid par& or the second part. his heiri and assigns.forever. IN WITNESS IVHERF.OR The said part Y or the first part ha s hereunto set her .. hand and seal the du);and year first above written. Signed.Sealed and Delivered in Presence or `"/! !� (SEAL] SENCEDIBIdIGH ' „2 jJIAA/�j./BB'/�]'"'''J�•F/ALfrLl.Cfir{e FAL] [SEAL) [SEAL] STATE OF COLORADO. I.SS. County of FS.Hast 1. A\)occk-5, Ltd) a N.b}$Ys ?obl1rk in and for said Cpunty in the Stale sdoresaid.do hereby certify that JANE G. SENCENBAUGE, as 1enom\a\ tzene5entaiisye MztWs-1ttc- Deoeasecl personally known to me m he the person whose name ±5 subscribed tolhe foregoing Deed.appetred before me this day in person. and acknowledged that she signed, sealed and delivered the said I instrument of writing as •her free and voiuniary act for lheusesand purposes therein set forth. Given under my hand and Rot slat seal.this 7.O day II . of a rth .19 Sfe My Commission expires SCp('ecrilae [h le 91 (SEAL) �•ac , Notary Public/J .r. y\ [[ 1. etA 'a .1 V R 1115 REC 02056307 06/06/86 14:13 $6.00 1/002 F 1078 MARY ANN FEUERSTEIN CLERIC & RECORDER WELD CO, CO 4R2056307 CORRECTIVE DEED OF DISTRIBUTION BY PERSONAL REPRESENTATIVE (TESTATE ESTATE) THIS DEED is made by JANE G. SENCENBAUGH, as Personal Representative of the Estate of ERNESTINE B. GRIGSBY, deceased, 7413 Tudor Road, Colorado Springs, Colorado, Grantor, to JANE G. SENCENBAUGH, Grantee; WHEREAS, the above-named decedent in her lifetime made and executed her Last Will and Testament dated January 4th, 1984, which Will was duly admitted to informal probate on February 13th, 1985, by the District Court in and for the County of Boulder and State of Colorado, Probate No. 85 PR 056; WHEREAS, Grantor was duly appointed Personal Representative of said Estate on February 13th, 1985, and is now qualified and acting in said capacity; and WHEREAS, the Grantee is entitled to distribution of the property hereinafter described, and Grantor is authorized to distribute the same to Grantee; WHEREAS, a deed recorded on Book 1107, Reception No. 2047841 of the Weld County, Colorado records may have certain technical errors; NOW, THEREFORE, pursuant to the powers conferred upon Grantor by said Last Will and Testament and by the Colorado Probate Code, Grantor does hereby convey, assign, transfer, release and set over unto Grantee the following described real property situate in the County of Weld, State of Colorado, to-wit: An undivided one-half of the interest of Ernestine E Grigsby in and to the South one-half of the Southwest one-quarter of Section 28 and the Northwest one-quarter of Section 33, all in Township 2 North, Range 68 West of the 6th P.M., Weld County, Colorado; LESS a parcel of land located in Section 28, Township 2 North, Range 68 West of the 6th P.M. and more particularly described as follows: COMMENCING at the Southwest corner of Section 28, Township 2 North, Range 68 West of the 6th P.M., thence North O'04'East along the West line of Section 28 a distance of 1332.8 feet; thence South 89'53' East 30.0 feet to the true point of beginning, being a point on the East line of county road right-of- way; thence South 89'53'East, 1285.0 feet along an old, well established fence line; thence South 0°04' West 339.0 feet; thence North 89'53' West 1265.0 feet to the East line of the county road right-of-way; thence North 0°04' East 339.0 feet along said right-of-way line to the true point of beginning; BUT TOGETHER WITH an undivided one-half of the interest of Ernestine B. Grigsby in and to all ditch, well and water rights appertaining thereto, including 38 shares of the capital stock of the Erie Coal Creek Ditch and Reservoir Company; 25 shares of the capital stock o£ the Leyner-Cottonwood Consolidated Ditch Co.; 10 shares of the common capital stock of The Consolidated Lower Boulder Reservoir and Ditch Company; 5 shares of the capital stock of The Base Line Land and Reservoir Company; one-fourth share of the capital stock of the Boulder and Weld county Ditch Company, and 15 acre foot units of water as allotted to said premises by the Northern Colorado,. Water Conservancy District formerly held in the sole,name of Ernestine B. Grigsby; B 1115 REC 02056307 06/06/86 14:13 $6.00 2/002 F 1079 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO TOGETHER WITH all its appurtenances, subject to a right of way as granted by instrument recorded in Book 902, Page 325, Weld county records; easement as granted by instrument recorded in Book 1451, Page 213, Weld County records; reservations contained in patent recorded in Book 153, Page 40, and in deed recorded in Book 77, Page 356, Weld County records; reservation to Union Pacific Railroad of coal rights pertaining to the northwest one-quarter of Section 33, Township 2 North, Range 68 West of the 6th P.M.; taxes assessed for calendar years of 1985 and 1986; other easements and rights-of-way for telephone lines, roads, ditches, and utilities shown of record; and subject to oil and gas lease to Amoco Production Company. EXECUTED this 3L' day of ekrial , 1986. XlEnw& L. (//Jane G. Sencenbaugh, as Personal Representative of the Estate of Ernestine B. Grigsby, Deceased. STATE OF COLORADO ) ss. COUNTY OF EL PASO ) The foregoing instrument was acknowledged before me this S%'�—a day of 1986, by Jane G. Sencenbaugh, as Personal Representat a of the Estate of Ernestine B. Grigsby, Deceased. °,��, ".:ai'tness my hand and official seal. O=)~ r.+{fy.° bmmission expires: � pp�p 4sN0TARY . t KegIJvC11cv1 C IPLIBt'c! Notary Public oe cow C6?n•4Mt410- CA.ffo�i! V 2 • AR2060171 B 1119 AEC 02060171 07/09/86 13:06 $6.00 1/002 F 0582 MARY ANN FEUERSTEIN CLERK 6 RECORDER WELD CO, CO CORRECTIVE DEED OF DISTRIBUTION BY PERSONAL REPRESENTATIVE (TESTATE ESTATE) THIS DEED is made by JANE G. SENCENBAUGH, as Personal Representative of the Estate of ERNESTINE B. GRIGSBY, deceased, 7413 Tudor Road, Colorado Springs, Colorado, Grantor, to ROBERT J. GRIGSBY, whose address is 500 Coffman Street, Longmont, Colorado, Grantee; WHEREAS, the above-named decedent in her lifetime made and executed her Last Will and Testament dated January 4th, 1984, which Will was duly admitted to informal probate on February 13th, 1985, by the District Court in and for the County of Boulder and State of Colorado, Probate No. 85 PR 056; WHEREAS, Grantor was duly appointed Personal Representative of said Estate on February 13th, 1985, and is now qualified and acting in said capacity; and WHEREAS, the Grantee is entitled to distribution of the property hereinafter described, and Grantor is authorized to distribute the same to Grantee; WHEREAS, a deed recorded on Book 1108, Reception No. 2048602 of the Weld County, Colorado records may have certain technical errors; NOW, THEREFORE, pursuant to the powers conferred upon Grantor by said Last Will and Testament and by the Colorado Probate Code, Grantor does hereby convey, assign, transfer, release and set over unto Grantee the following described real property situate in the County of Weld, State of Colorado, to-wit: An undivided one-hal£ of the interest of Ernestine B. Grigsby in and to the South one-half of the Southwest one-quarter of Section 28 and the Northwest one-quarter of Section 33, all in Township 2 North, Range 68 West of the 6th P.M., Weld County, Colorado; LESS a parcel of land located in Section 28, Township 2 North, Range 68 west of the 6th P.M. and more particularly described as follows: COMMENCING at the Southwest corner of Section 28, Township 2 North, Range 68 west of the 6th (ti�wr P.M., thence North 0°04'East along the West line of ,.•° Section 28 a distance of 1332.8 feet; thence South ` 89°53' East 30.0 feet to the true point of beginning, being a point on the East line of county road right-of- way; thence South 89•53'East, 1285.0 feet along an old, well established fence line; thence South 0°04' West 339.0 feet; thence North 89°53' West 1285.0 feet to the East line of the county road right-of-way; thence North 0°04' East 339.0 feet along said right-of-way line to the true point of beginning; BUT TOGETHER WITH an undivided one-half of the interest of Ernestine B. Grigsby in and to all ditch, well and water rights appertaining thereto, including 38 shares of the capital stock of the Erie Coal Creek Ditch and Reservoir Company; 25 shares of the capital stock of the Leyner-Cottonwood Consolidated Ditch Co.; 10 shares of the common capital stock of The Consolidated Lower Boulder Reservoir and Ditch Company; 5 shares of the capital stock of The Base Line Land and Reservoir Company; one-fourth share of the capital stock of the Boulder and Weld County Ditch Company, and 15 acre foot units of water as allotted to said premises by the Northern Colorado Water Conservancy District formerly held in the sole name of Ernestine B. Grigsby; B 1119 REC 02060171 07/09/86 13:06 $6.00 2/002 F 0583 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO TOGETHER WITH all its appurtenances, subject to a right of way as granted by instrument recorded in Book 902, Page 325, Weld county records; easement as granted by instrument recorded in Book 1451, Page 213, Weld County records; reservations contained in patent recorded in Book 153, Page 40, and in deed recorded in Book;77, Page 356, Weld County records; reservation to Union Pacific Railroad of coal rights pertaining to the northwest one-quarter of Section 33, Township 2 North, Range 68 West of the 6th-+P.M.; taxes assessed for calendar years of 1985 and 1986:; other easements and rights-o£-way for telephone lines, roads, ditches, and utilities shown of record; and subject to oil and gas lease to Amoco Production Company. EXECUTED this 31'1' day of ' ,l�qr. , 1986. /J 67/ Jane G. Sencenbaugh, as 7 Personal Representative of the Estate of Ernestine B. Grigsby, Deceased. STATE OF COLORADO ) ) ss. COUNTY OF EL PASO ) The foregoing instrument was acknowledged before me this 3};u day of �,,1�,, , 1986, by sane G. Sencenbaugh, as •-'E?r'Spnai.;.Representative of the Estate of Ernestine B. Grigsby, c. �i�';pe4004;e +tic ••.: r.,.. '/.\\Di/•1,7ykf tress my hand and official seal. e-fl.;.My commission expires: �; p p .i-(j3. �1, �0;`,�'(!s^P+:'1,14�s`/ �j .thra4 A-G'7S�yW�- _ Notary Public 2 Recorded no o'clock_—M.. ¢.— ;•rr•. - - (./01/94 04:421' PG I OF 3 RE(' Dot' AR2g13146 — __ :An; Mat pews c,te in,Wt Id Co„ Clerk H Recorder 15.00 WARRANTY DEED THIS DEED,blade this day of ,M94 • between Josephine Block Miles aka Josephine H. Mil s, Jane G. Sencenbaugh and Robert J. Grigsby or the County of .Sete of Colorado.grnnmr(s)and Robert J. Grigsby wboselcgaladthusis 620 Ken Map Court, Longmont, Colorad 80501 of the County of Boulder ,Stare of Colorado.pentads): WITNESSETH,That the passions),for and In consideration of the sum of implementation of PARTITION ORD R of the Weld County, Color¢ District court o DOLLARS, December 29, 1993 and One 1.00) the nmelpl and suflickncy of which is hetepraeknmNcdge Ve grained,bargained,mid and conveyed.and by these proems do gram, bargain,fell.convey,and mnhlin.unto the granteelsl. his heirs and assigns fawn.all the real property,together with improvements, if any,situate,lying and being in the County of Weld ,State of Colorado. described as follow See Tract 3 LEGAL DESCRIPTION attached hereto and fully incorporated herein also bw•n by rtaset and number as: TOGETHER with ell and singular the heredimments and nppunenanees thereto belonging.or in anywise sppe,taining.and the mseesion and reversions.reminder and remainders,rents.Issues and pmfitt thereof.and ell the elate.right.Mk.intereo claim and demand whatsoever of the gmntor(s),either in law or equity,of.in and to the those bargained premises,with the hcmditonems and nlTltncanm es TO HAVE AND TO HOLD the said premises above bargained sad descnibed with theappurtenances ma the pawns), his heirs and t assigns forever.And the grantor(s),(nr them seVes,theirbcin and personal reptesemalsc..du rmeaam gram bargain,and agree to and with the gratlee(sl his heirs and amigo,.Mar at lifetime of the easealing arhlelisrty of three lnrsrmv,they are well seized of the premises theme conveyed,ha Ve good.sure peeled.absolute and Indefeasible estate ul inbnicmcr.in ims. in Ire simple.and ha ye good right.fullprmer and eullueity in grant.bargain.sell and convey the same in manner and forma,Airevlid,and thin the sa e:we fire and der Inns an former and usher grans.bargains,sales.liens..lases,assenments,enctsedtranceu.and testtiaians of whatever kind of nmna warn eAepl easements and restrictions of record, and real estate taxes for the current year. The grantals)shall and will WARRANT ANDt)REVF,R DEFEND the abmoborgainetl premises in thrqud,and peaceable possession afde matters),her Or hisheirsandamiens.against all and cscry person months lawfully claiming the nb,k,a:my Not thereof IN WITNESS WHEREOF.HEEO�the granite(M ita ye eseecumd thin deed on three date set forth none. .�J�� 6.-vide iste--e"- L. /l".�,zt.-'-•- !1 .B' &v2 9/) nne G. Sencenbaugh (T Josephine Block Miles aka Josephine H. Miles Robert T6ir sby' STATE OF COLORADO 1 m City and County of Denver rise'(Pickering inWument was acknowkdged Wore me this el. day of .19 94 , fr•• tjds$pyine Block Miles aka Josephine H. Miles. ti'4 omm(a (spires Witness my hand and Mficial seal. Ltaui if in Denver,insert"City and-. — _ .__ No.932.Rae385. WARRANTY DEED Woe ytm,naam,h Rrmrdl _.___..__.__.._. 011) Bodoni enalbhten.S ,wire L_Dower.OD 10102-1011 as,'SOP- it 4t 0 ; I I r . • z -mi P> y PZ$ E ^ (7. r/ R u c o e a e �►�.yy & e ° n ° o V e 3 t� z e p. lJ 9 3 n S ,re r a 47 I P a a .r a CL )7a � a i ._411998 3-!4t,0 P-110 11/03/91 04:42P PG 2 OF 3 . STATE OF COLORADO l 1 ss. COUNTY OF E1Paso 1 The ollowing instrument was acknowledged before me this 30 day of , 1994, by Jane G. Sencenbaugh. My Commission Expires: JAv Cem-cnhn r----•• . ^e 97 Witness my hand and official seal. Notary Public STATE OF COLORADO ) ss. COUNTY OF / 17Llth-t-) CA- The o119Qw'ng instrument was acknowledged before me this __L_C--_,> day of ilC *tl)4.:' , 1994, by Robert J. Grigsby. My Commission Expires: Witness my hand and official seal. 1-AA( Y d kL16/ otary Public TRACT 3 LEGAL DESCRIPTION A TRACT OF LAND SITUATED IN THE NORTHWEST QUARTER OF SECTION 33, TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN, WELD COUNTY, COLORADO, BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE WEST ONE-QUARTER CORNER OF SECTION 33; THENCE ALONG THE WEST LINE OF THE NORTHWEST QUARTER OF SECTION 33, NORTH 00°02'29" WEST 1,989.81 FEET TO A POINT WHENCE THE NORTHWEST CORNER OF SECTION 33 BEARS NORTH 00°02'29" WEST 650.29 FEET; THENCE ALONG THE CENTERLINE OF AN EXISTING ROAD THE FOLLOWING COURSES: THENCE SOUTH 84°45'34" EAST 96.29 FEET; THENCE NORTH 83°08'15" EAST 51.27 FEET; THENCE NORTH 62°23'09" EAST 91.61 FEET; THENCE NORTH 71°06'32" EAST 54.00 FEET; THENCE NORTH 87°37'07" EAST 61.18 FEET; THENCE SOUTH 83°24'03" EAST 197.32 FEET; THENCE SOUTH 75°52'35" EAST 166.83 FEET; THENCE SOUTH 65°10'23° EAST 75.56 FEET; THENCE SOUTH 55°44'21' EAST 70.43 FEET; THENCE SOUTH 64°15'46" EAST 49.42 FEET TO A POINT ON THE CENTERLINE OF THE LOWER BOULDER IRRIGATION CANAL; THENCE DEPARTING THE CENTERLINE OF SAID EXISTING ROAD ALONG THE CENTERLINE OF THE LOWER BOULDER IRRIGATION CANAL THE FOLLOWING COURSES: THENCE SOUTH 16°15'57" WEST 59.29 FEET; THENCE SOUTH 24°18'38" EAST 53.35 FEET; THENCE SOUTH 46°13'57" EAST 70.11 FEET; THENCE SOUTH 53°54'44" EAST 435.12 FEET; THENCE SOUTH 20°40'04" EAST 82.10 FEET; THENCE SOUTH 28°59'47" WEST 61.65 FEET; THENCE SOUTH 45°08'16" WEST 119.19 FEET; THENCE SOUTH 52°58'52° WEST 212.57 FEET; THENCE SOUTH 68°00'07" WEST 95.47 FEET; THENCE SOUTH 58°48'15" WEST 62.46 FEET; THENCE SOUTH 36°27'13" WEST 65.90 FEET; THENCE SOUTH 28°09'29" WEST 319.67 FEET; THENCE SOUTH 40°54'12" WEST 63.89 FEET; THENCE SOUTH 57°42'44" WEST 119.91 FEET; THENCE SOUTH 63°10'17" WEST 228.28 FEET; THENCE SOUTH 56°40'12" WEST 140.18 FEET; THENCE SOUTH 63°28'21" WEST 97.34 FEET; THENCE SOUTH 55°06'56" WEST 74.70 FEET; THENCE SOUTH 17°26'11" WEST 75.73 FEET; THENCE SOUTH 04°46'30" EAST 115.82 FEET; THENCE SOUTH 16°49'27" EAST 179.16 FEET TO A POINT ON THE EAST-WEST CENTERLINE OF SECTION 33; THENCE ALONG SAID EAST-WEST CENTERLINE NORTH 89°46'59" WEST 114.78 FEET TO THE POINT OF BEGINNING, CONTAINING 32.773 ACRES MORE OR LESS. _;1.191$ fl-146(. P-210 11/0;/94 04:42P R 3 OF 3 f o'clock AR24157Y8 2415748 B-1468 P-48 11/17/94 02:02P PG 1 OF 3 REC DOC — - --- Weld County CO Clerk & Recorder 15.00 WARRANTY DEED THIS DEED,Made thin 18th day td October .1794 between Josephine Block Miles aka Josephine H. Miles, Jane G. Sencenbaugh and Robert J. Grigsby ofthe • County of ..Slam of Colorado,grantor(s)and Josephine Block Miles aka Josephine B. Miles whaaelegmaddressia 615 South Alton Way, Apartment 4 B, Denver, Colorado 80231 arde City and conga Denver ,Stair or Cohwado,Ammonis): WITNESSETH,That thepanulgs).fur and in consideration of the sum of implementation of PARTITION ORD R ffgqgqthe Weld !t❑❑County, p'Colorado, District Court of December 29, IRIII ARS. llfim¢cffna afi FaeyadwOaTlflsTHdhJacknrmkdgml.have granted.hargaincd.sold and(smarted.mod lay their presents do gramt bargain,sell.convey.and confirm.unto the granleefx), her heirs and assigns forever,all the real rynpeny.Together with impn.venent. If any,situate,lying and being in the Campy of Weld .Slate of Colorado, described as follows: See Tract 4 LEGAL DESCRIPTION attached hereto and fully incorporated herein also known by street and number as: TOGETHER with all and singular the hereditament,and appunenuues therein belonging.or in anywise appertaining.and the rnnaien and moistens.remainder and emaindem.rents.issues and profits thereof,and all the swore.right,title,interest.claim and demand whalmever of the grantMst either in law or egdth of.in and to the aunt Napalmed premises,with the Meditation's and applymimtee. TO HAVE AND TO HOLD the said premises above bargained and described with the appurmnnnces.until Ihr grmneea) her twits and essigns rotevar.And thepumnrs),for them saves,theilleim and prm,nalmpresrmariva.In acnanl.grant.bargain.aml agree In and With the gmnlcef.$), her lairs andmsipo.rho al de af timcthe resealing and delbmTnl tin a p1rw Inc they are well seized of the premises above eonve)cd,ha ye mind,slur.peeler!.nbwlule and indefeasible otale of Mho ilinee.in law. in fee nimble.and ha ye gnedtight.full power andwnhosh)III gramt hapxia sell and convey the sane inmmaner old Aim as ufix,ald,next ohm the same art free and clear from all fame and other grants.bargains.sales.liens.lases.assessments,eaanhanees,and restrictions of wlamnvr kind a,swan-server. =cm easements and restrictions of record, and real estate taxes for the current year. The grantnrts)shall and will WARRANI AND ITIREYERDEFENDthe shove-bargained premises in the quirt and peaceable pnscssiin of the grantecls) her or hie heinand assign,.agdan all andnrny person erperaema lovinllyrhvimingnLC Menlo or wry putt hewor IN WITNESS WHEREOF the manor 10hove cat,-meal Ibis deed on the dale sal Eons muse 4 "1"..ejtatt ane G. Sencenbaugh Josephine Block Miles aka Tn4Pphi no. H Mi lei Robert J Gr STATE OF COLORADO as ,;.City an cnunlyor Denver 44 t, —/- pp e fgrcgni�tome*was acknowledged before me lilt e Theday of ,betLfhtA-(kv .19 94 bv36Laeptcine Block Miles aka Josephine H. Miles. My commission expires Witness my hand and official sal nnala 3/1 1007 DAt/A :' - x,na ow. 'If in Denver.insert"City and". • . r(�i,, No.93L Rena-g$. WARRANTY DeMuWow rlsempmr Ren•rrll x SS1p'^ Rn,n.nd r,ali.ailir 1711 W'an'e Si.donne CY,&lsfs—I•031 2,17`fm- I`.xa , m i > 1 aB. y 3 n Y p. z m - z 2 A •= a o P> 8 R T r. - O til a r• y i a - m • y r. x y ti: r u O1-1 6 ' 'c a 2 c 3 Lyy _ c z � a lJ g a s d 2415748 8-1468 P-48 11/17/94 02:02PpPG 2 OA 3 STATE OF rrl rR.Di' D 1 ,,,s._ _ rorNTY OF E(,.P$c The Col lne;ing instrument Was arknnwledged before me this 30 day .•f aptebef , 19g4, by lane G. Scncenhaugh. 'i;' rommis5lon Fv_iresr My Commis;Ion Expires 1-2_9-97_ kit neqs my hand and official seal. A Notary Public STATE OF OOt0RAPO I I ss. COMM OF [lir.) /C The�] I?w•jng instrument vas ac kura lodged before me this/_J day of fI 1 L__ 1991 , by Robert J. RIisshy. 4y Comm iaS inu E':pi It, kilne Fc rn hand anti official seal. __ _ _ Lu' ke•• _. ctte.i rnt.ary Put, it I • • "'r 2415748 B-1468 P-48 11/17/94 02:02P PG 3 OF 3 TRACT 4 LEGAL DESCRIPTION A TRACT OF LAND SITUATED IN THE NORTHWEST QUARTER OF SECTION 33, TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN, WELD COUNTY, COLORADO, BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST ONE-QUARTER CORNER OF SECTION 33; THENCE ALONG THE EAST-WEST CENTERLINE OF SAID SECTION 33, SOUTH 89°46'59" EAST 114.78 FEET TO A POINT ON THE CENTERLINE OF THE LOWER BOULDER IRRIGATION CANAL AND THE POINT OF BEGINNING; THENCE ALONG SAID CENTERLINE THE FOLLOWING COURSES: THENCE NORTH 16°49'27" WEST 179.16 FEET; THENCE NORTH 04°46'30° WEST 115.82 FEET; THENCE NORTH 17°26'11" EAST 75.73 FEET; THENCE NORTH 55°06'56" EAST 74.70 FEET; THENCE NORTH 63°28'21" EAST 97.34 FEET; THENCE NORTH 56°40'12" EAST 140.18 FEET; THENCE NORTH 63°10'17° EAST 228.28 FEET; THENCE NORTH 57°42'44" EAST 119.91 FEET; THENCE NORTH 40°54'12" EAST 63.89 FEET; THENCE NORTH 28°09'29" EAST 319.67 FEET; THENCE NORTH 36°27'13" EAST 65.90 FEET; THENCE NORTH 58°48'15" EAST 62.46 FEET; THENCE NORTH 68°00'07" EAST 95.47 FEET; THENCE NORTH 52°58'52" EAST 212.57 FEET; THENCE NORTH 45°08'16" EAST 119.19 FEET; THENCE NORTH 28°59'47" EAST 61.65 FEET; THENCE NORTH 20°40'04" WEST 82.10 FEET; THENCE NORTH 53°54'44" WEST 435.12 FEET; THENCE NORTH 46°13'57" WEST 70.11 FEET; THENCE NORTH 24°18'38" WEST 53.35 FEET; THENCE NORTH 16°15'57" EAST 59.29 FEET; THENCE NORTH 22°20'20" EAST 89.88 FEET; THENCE NORTH 14°26'13" EAST 77.52 FEET; THENCE NORTH 30°43'16" EAST 61.50 FEET; THENCE NORTH 46°25'26" EAST 41.82 FEET; THENCE NORTH 65°16'18" EAST 172.55 FEET; THENCE SOUTH 80°34'19" EAST 206.16 FEET; THENCE NORTH 84°16'20" EAST 189.07 FEET; THENCE SOUTH 79°29'16" EAST 328.11 FEET; THENCE SOUTH 69°54'12" EAST 90.18 FEET; THENCE SOUTH 55°20'14" EAST 209.43 FEET; THENCE SOUTH 67°20'28" EAST 206.95 FEET; THENCE SOUTH 84°00'45" EAST 185.44 FEET; THENCE SOUTH 88°19'26" EAST 85.39 FEET; THENCE NORTH 77°53'32" EAST 69.71 FEET TO A POINT ON THE EAST LINE OF THE NORTHWEST QUARTER OF SECTION 33, WHENCE THE NORTH ONE-QUARTER CORNER OF SAID SECTION 33 BEARS NORTH 00°12'23" EAST 720.64 rEET; THENCE SOUTH 00°12'23" WEST 1,903.66 FEET TO THE CENTER ONE-QUARTER CORNER OF SECTION 33; THENCE ALONG THE EAST-WEST CENTERLINE OF SECTION 33, NORTH 89°46'59' WEST 2,518.13 FEET TO THE POINT OF BEGINNING, CONTAINING 91.463 ACRES MORE OR LESS. I • stRzrasnsaz 2450502 B-1505 P-654 08/08/95 04:40P PG 1 OF 3 RF.C DOC Weld County Co Clerk & Recorder 16.00 10.00 WARRANTY DEED THIS DEED,Made this August 4,1995 between ROBERT I GRIGSBY,of the County of Boulder and State of Colorado,grantor,and GUY W.GRIGSBY and AMY 1 FILING,as joint tenants with right of survivorship(1T WROS),whose legal address is 939 Alla Street,Longmont,Colorado 80501,of the County of Weld and State of Colorado,grantees: WITNESS,that the grantor,for and in consideration of the sum of valuable consideration and Ten and 00/10--($10.00)DOLLARS,the receipt and sufficiency of which is hereby acknowledged,has granted, bargained,sold and conveyed,and by these presents does grant,bargain,sell,convey and confirm unto the grantees,thew heirs and assigns forever,all the real piup.,ty,together with improvements,if any,situate, lying and being in the County of Weld,and State of Colorado,described as follows: The legal description is set forth at exhibit A which exhibit is incorporated by reference herein. The Grantor reserves to himself all mineral rights. TOGETHER with all and singular the hereditamentsand appurtenances thereunto belonging,or in anywise appertaining and the reversion and reversions,remainder and remainders,rents,issues and profits thereof,and all the estate,right,title,interest,claim and demand whatsoever of the grantor,tither 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 hens and assigns,that at the time of the ensealing 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 aforesaid,and that the same are free and clear from all former and other grants,bargains,sales,liens, taxes,assessments,encumbrances and restrictions of whatever kind or nature whatsoever,except property taxes for 1995 and years thereafter. THE GRANTOR RESERVES TO HIMSELF THE MINERAL RIGHTS REGARDING THE SUBJECT PROPERTY AND DOES NOT TRANSFER TO THE GRANTEE ANY RIGHTS TO THE MINERAL ON THE SUBJECT PROPERTY. The grantor shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable possession of the grantees,their heirs and assigns,against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural,the plural the singular,and the use of any gender shall be applicable to all genders. RECORDER'S MEMORANDUM THIS DOCUMENT WAS FOUND TO BE INADEQUATE FOR SCANNING OR MICROFILMING PURPOSES. 2450502 B-1505 P-654 08/08/95 04:40P PG 2 OF 3 IN WITNESS WHEREOF the grantor has executed this deed on the date set forth above. Robert J.Grigsbyc\� STATE OF COLORADO ) )ss. COUNTY OF BOULDER ) The foregoing instrument was ac mowledged before me this August 4,1995. Witnessuy hand and official seal _ (5 _ %G blyeoab rbq expires: A VI fis\wardeelnn 2450502 B-1505 P-654 08/08/95 04:40P PG 3 OF 3 EXHIBIT"A" The property which is the subject of this transaction is as follows: a.that real property situated in the County of Weld,State of Colorado,and more particularly described as: TRACT 3 LEGAL DESCRIPTION A TRACT OF LAID SITUATED 1N THE.NORTHWEST OF SECTION 33, TOWNSHIP 2 .. - NORTH, TOME 65 VEST OF THE 6TH PRINCIPAL NEAIDIAN, VELD COUNTY, MONAD). • BEING DESCRIBED AS FOLLOWS:• • Iy :^-� DEMONS AT THE VEST ONE-QUARTER CORNER OF SECTION 33; MICE AIOC TINE VEST UNE OF THE WORTHIEST QUARTER-OF SECTION 33, ferns 00°02.29'VEST 1.989.81 FEET TO A POINT WHENCE TIC NORTHWEST CONES OF��CENTERLINE OF REARS NORTH 00.02'29'VEST 650.29 FEET; THENCE ALGID DIEOF AN EXIS IS&ROAD • THE FOLLOWING CNIRSE5: THENCE SOUTH 8445'34' EAST 96.29 FEET: IMO CE NONTN 53.05'15' EAST 51.27 . .. FEET; THENCE NORTH 62'23'09' EAST 91.61 FEET; THENCE NORTH 71'06'32' EAST 54.00 FEET; THENCE NORTH 27'37'07 EAST 61.15 FEET; THENCE SWIM 83.24'03• EAST 197.32 FEET; THENCE SOUTH 75°52'35' EAST 166.53 FEET; DEICE SWIM 65'10'23' EAST 75.56 FEET; THENCE SOUTH SS°44'21' EAST 70.43 FEET: TIERCE SOUTH 64.15'46• EAST 49.42 FEET TO A POINT ON DIE CENTERLINE OF DIE LOVER BORDER IRRIGATION CANAL; THENCE DEPARTING THE CFNIFRLINE OF SAID EXISTING ROAD AIDS TIE CENTERLINE OF THE LONER BOULDER IRRIGATION CANAL THE FOLLOWING .GORSES; • r•_.s • �_,. THENCE.FEET;. SOUDI SOUTH 46' 3'57 59.29 FEET1 VOCE HENCE SOUTH•53' EAST 53.35 pa_'1:.;=435.1 EET;SOUR[46•13•57*20 EAST 70.11 62.1 TENT;SOUTH SOUTH 53•54•44* EAST 435.12 FEET;FEET; T ICE s Ill 4'P EAST EST 0 FEET; TIME 53( 28.5947° -_ .VEST 61.65 STT: 57CE E T 45°08SCU VEST 139.19 EST 9 .47NFE SOUTH _� "':.t.^S05H.52•VEST 212.57 FEET;UDC SCUM 65'00360'PST WEST?FEET;. ERIC. • ' - SOUTH 59'K'I2'VEST 62.46 FEET;1 THENCE SWIM THENCE SOUTH3°VEST 65.9E TE63; , '^'FEENCE SWIM 25'09'59'2'44 3VEST7 19.91 SOUTH SWIM 63 VEST 63;89 ' !Al; ,225.2(FT;TWICE 5SOUTH 5` VEST 119.91 FEET; THENCE SWTN 6380.16 VEST VEST.9 FEET;EHCE SOUTH SOUTH 55.2•VEST 140.18 FEET; nDEICETHE scam 63°18'21• ` ^:��T._1752.'1:'6 FEET; .73NFE ICE SWUM VEST 30' Fan 52CE ET: N - - - S786'17• 9'27 EAST FEET; TWICE 0 P 04•K•3N EAST 115.52 S FEET: INEF...- - SECTI 16•49'27°EAST 179.16 FEET"-A T CENT. illE*NTH 89•CENTERLINE OF SECTION E III DEICE FLOWG SAID EAST-VEST NG 33 773 ACRES ORE OR LE S.ST 116_.75 r[,-. • FFET.70 TIE POINT OF BEGINNING. CONTAINING 32.773 APES MORE OR LESS ..-- lT•- 34I3995 a-!466 P-x10 11/03/E4 04:42P PG 3 K 3 I,.eight(8)shares of Northern Colorado Water Conservancy District stock; c.two and a half(2.5)shares of Baseline Land and Reservoir Company,stock as evidenced by stock certificate number 285; d-five(5)shams of Lower Boulder Reservoir and Ditch Company stock as evidenced by stock certificate number 522. The real property and water rights described above shall be referred to herein after as the"Property." • 2529660 6-1587 P-468 01/17/1997 10:51A PG 1 OF 2 REC D0C Weld County CO JA Suki Tsukamoto Clerk & Recorder 11.00 DEED OF DISTRIBUTION BY PERSONAL REPRESENTATIVE (TESTATE ESTATE) THIS DEED is made by J. ROBERT WELCH, as Personal Representative of the Estate of Josephine H.Miles,AKA Josephine B. Miles,Deceased, Grantor,to the Josephine H.Miles Testamentary Trust,Grantee,whose address is 1515 East Ninth Avenue-No.211,Denver,CO 80218. WHEREAS,the above-named Decedent in her lifetime made and executed her Last Will and Testament dated February 15, 1994 (the"Will")and a Codicil thereto dated February 19, 1996 (the "Codicil"). The Will and Codicil were duly admitted to informal probate on June 24, 1996 by the Probate Court in and for the City and County of Denver and State of Colorado,Probate No.96PR1088;and WHEREAS, Grantor was duly appointed Personal Representative of said Estate on July 3,1996 and is now qualified and acting in said capacity;and WHEREAS,the Grantee is determined to be the party entitled to distribution of the hereinafter described real property and Grantor is authorized and directed to distribute the same to Grantee. NOW, THEREFORE, pursuant to the powers conferred upon Grantor by Section 15-12-711 and Section 15-12-907 of Colorado Revised Statutes, Grantor sells,conveys, assigns,grants, transfers and releases to Grantee the following real property in Weld County,Colorado: Tract 2 as described in the Land Survey Plat by Rocky Mountain Consultants, Inc. dated February 22, 1994 and recorded November 17, 1994 in Book 1468, Page 46 (Reception No. 2415746), Weld County Records;and Tract 4, as described in the Land Survey Plat by Rocky Mountain Consultants, Inc. dated February 22, 1994 and recorded November 17, 1994 in Book 1468, Page 48 (Reception No. 2415746), Weld County Records;and Together with an easement for utility purposes described as commencing at the southwest corner of said Tract 2 and extending easterly 35 feet north from the center line of the road for the entire south boundary of said Tract 4 to the southwest corner of Tract 4;and Except all oil,gas and other minerals in and under the above described lands. It is Grantor's intent herein to convey all appurtenances on the above described lands to Grantee. Executed this /1'6day of January,1997,effective January 1, 1997. /Zo y � As Pe ea epresentative o to ( Es of sephine H.Miles,AKA Josephine B.Miles,Deceased 2529660 B-1587 P-468 01/17/1997 10:51A PG 2 OF 2 STATE OF COLORADO ) as. CITY AND COUNTY OF DENVER ) The foregoing instrument was acknowledged before me this /1 z& day of January, 1997 by J.ROBERT WELCH,as Personal Representative of the Estate of Josephine H.Miles,AKA Josephine B.Miles,Deceased. WITNESS MY HAND AND OFFICIAL SEAL. �{ �n /�J�q • 4*pr P`6 •'•. C74Nota±y Pft$J n-) a V : SACMICO My Commission Expires; MAGMA ; leseas U nv g."e rA on► .. : `ep arB.cCOca*s. A, - ABSON! !DIMS OW NOOVBNbN3S 9 3NI!'MN N INNId3S0! VOA 1 as-""ns) an JV� 1d�d �3AdflS GNd� '� k ge _ _. Jllt SINva'Insuo'J N1Y3.N31ON ,..a. = - —•'^ ISO]S JOJ/•AINNOo Q/13M 311± MW•MSStl•NLI , Ep 8 i p9 u O NOISs IA3 p JO tl31MN0'3az NOyJS3MNLNON 3111 NI 031V301 OM'1 40 IOYMI3V ilk! S tl 6 E y I 3,E ,° IIIllii ?IuI -.0 -.e s,9 et • •.„1„ ?... _., 9 -� _ eh Aw- .3 y, s o.t �Try �' ® .7, Jhui M✓�ai( .'4V.` 1-St"4 :=, A MI t I i I I I as idIMIIIMlllllllllllllllllll _II loea�i ; X , 1 II ri I I i. 1 II e+ a kY 4 tl j I aa'i I -4 I q IE .� ` a_ :E I4 .a aer� _ BEI! Eis ✓ • e Li 3 I IX III LI b gV I Y 9 eI1 II 1 I I Si I I ' ' pe \ # R S FF I ti i I i d is II / \\ 9I 3e ;\\ I I I II/ a 4 5 \ 'I _ b I e iI I r I @3€Eg @ , !a \ T. 5 ' li it r_ as II a 1\\\ I@t as.a samL S O DOB Amp,A '"-,M•' "CI , are' I ` NI.I 03 : A b �a33 ; s f ��1 I O dII d [ p i i 42 IIIII Urn _ I . b,.6I E6 � s ` i6' • • • . LP2p fr,BgBp Ug 9y y t 2 Moo fop �� Geld Countyl fi P-38�A Suki54suYanat024er�C Z Re2order 11,o0 2600 f WARRANTY DEED THIS DEED, Marlton September 8, 1997 bcdwemUosephine H. Miles Testamentary Trust alb, Calnyor weld anti State of Colorado victor,cad Elizabeth Peveto whosclegaladdmll 434 4th Street Firestone, Colorado 80520 of the County of Weld end Sum of Colorado , grantee: WflNESSETH,Thatthegramor formal inconsldel,liunoflho sum GI Two hundred sixty thousand dollars and no cents DOLLARS, the receipt and mllicieacy of which is hereby acknowledged, has granted, bargained. sold and conveyed, and by eese presents does grant,bargain,set',ninny and amnion,unto the grantee.his kin end assigns forever,all the reel property m gaper with improvements,item', uncle,lying and being in the County or Weld and State of Colorado described a,follows: Attached Exhibit A UBl@, ��D 0 ee as known by shod and number us: 6890 Weld County Road 5 Firestone, Co 80520 luuE'rIIER with all and singular the burditaoxras and appenemays thereto belonging,tar hi anywise atlarainury•,and the reversion and reversions,remainder and reminders,rams,'moo and profits Nand,and all the eaiac,right.dlle,interest.claim and dense whaunmver alike grantor,either in law or cavity,of,in and le the bargained premises,with We hecElamenb and appone anise TO HAVE AND TO HOLD the said premises above bargained and deeibd,wick der appun<utnss,uotu the grantee,lds heirs and auign,. forever.And the grantor,for himself,his him,and pmmnai repseltalives,does covenant.grant,bargain,and agree to and with the grantee.his heirs and assigns,that at Ma time of the mauling and delivery of them presents,he is well vend of the menataa drove wavelet',has god.sure, pafaa,aboolet<and lode basible acute oridmdta ce.in low,in be afmple,and lea good tight,lull power and lawful authority to gram,bargain, sell and amey the same in manner and Conn es aforesaid,and than the vane are free end deer from all Moo=and other gram.bargains.sales, liens,sxu,assasmens,naambranece and restrictions of whatever kind or nature saver,eaapt for general taxes and assessments for the year 1997 and subsequent years; and subject to easements, covenants, reservations, restrictions and rights of way of record or in existence, if any. The grantor drag and will WARRANT AND P1IREVER DEFEND the shove-barb ind penises in the quiet and peaatable poneassion otllie grantee,his tin and assigns,ageing all and every person et venous IawNlly claiming the whole or any pan there'd The singular number dull include the plural,the plural the singular,and the sac ufany gander shall be applicable to dl gender.. IN WITNESS WHEREOF,the grantor has executed this deed on the date set f nkabove. Josephine H. Miles Testamentary Trust Qber)'t yWelc , rusts__— (2-4i5 CC �V�STAATEOFColorado 1 a Comma),of 11 The foregdlag Insrvment was acknowledged herorenie this 08 day of September -1 IA.tS2tO", byJosephine H. Miles Testamentary Trust, by J. Robert Welch Trustee i�A:61ARy.,'9 fltl My commission expire /O/.R3/0 -Wiwun nay lad and umaiel neat 3: 'g p Gala"'crow No: 34281 ADDRESS: Nu.9d1A.aer.Fq Warranty lh filler lbdaerarole)(tomb 2568803 B-1626 P-385 09/15/1997 09:21A PG 2 OF 2 Exhibit A A tract of land situated in the NWA of Section 33, Township 2 North, Range 68 West of the 6th P.M., Weld County, Colorado, being described as follows: Commencing at the W'A corner of Section 33; thence along the East- West centerline of said Section 33, S 89'46'59" E, 114.78 feet to a point on the centerline of the Lower Boulder Irrigation Canal and the point of beginning; thence along said centerline the following courses: Thence N 16'49'27" W, 179.16 feet; thence N 04'46'30" W, 115.82 feet; thence N 17'26'11" E, 75.73 feet; thence N 55'06'56" E, 74.70 feet; thence N 63'28'21" E, 97.34 feet; thence N 56'40'12" E, 140.18 feet; thence N 63'10'17" E, 228.28 feet; thence N 57'42'44" E, 119.91 feet; thence N 40'54'12" E, 63.89 feet; thence N 28'09'29" 5, 319.67 feet; thence N 36'27'13" E, 65.90 feet; thence N 58'48'15" E, 62.46 feet; thence N 68'00'07" E, 95.47 feet; thence N 52'58'52" E, 212.57 feet; thence N 45'08'16" E, 119.19 feet; thence N 28'59'47" E, 61.65 feet; thence N 20'40'04" W, 82.10 feet; thence N 53'54'44" W, 435.12 feet; thence N 46'13'57" W, 70.11 feet; thence N 24'18'38" W, 53.35 feet; thence N 16'15'57" E, 59.29 feet; thence N 22'20'20" E, 89.88 feet; thence N 14'26'13' E, 77.52 feet; thence N 30'43'16" E, 61.50 feet; thence N 46'25'26" E, 41.82 feet; thence N 65'16'18" E, 172.55 feet; thence S 80'34'19" E, 206.16 feet; thence N 84'16'20" 5, 189.07 feet; thence S 79'29'16" E, 328.11 feet; thence S 69'54'12" E, 90.18 feet; thence S 55'20'14" E, 209.43 feet; thence S 67'20'28" E, 206.95 feet; thence S 84'00'45" E, 185.44 feet; thence S 88'19'26" E, 85.39 feet; thence N 77'53'32" E, 69.71 feet to a point on the East line of the NW;f of Section 33, whence the Ni< corner of said Section 33 bears N 00'12'23" E, 720.64 feet; thence S 00'12'23" W, 1,903.66 feet to the center one-quarter corner of Section 33; thence along the East-West centerline of Section 33, N 89'46.59" W, 2,518.13 feet to the point of beginning. ALSO KNOWN AS: Tract 4, as described in the Land Survey Plat by Rocky Mountain Consultants, Inc., dated February 22, 1994, and recorded November 17, 1994, in Book 1468, Page 48 (Reception No. 2415746) , Weld County Records. TOGETHER WITH easement rights created by instruments recorded November 17, 1994, in Book 1468, at Reception Noe. 2415749, 2415750 and 2415751. Hfiltinifii[SM 1 1, II II IDIMaNNIl[Tf 613 101111 IIIII 111111 IIII��11111 IRE III 2861513 12/18/1968 02:33P Weld County CO 1 of 1 R 6.00 D 0.50 JR Sui! Tsukamoto WARRANTY DEED THIS DEED,Madethic 16th day of December ,19 98 , between Guy W. Grigsby and Amy J. Fieling c • i t . , of the County of Weld and Stated Colorado ._ grantor,and Elizabeth Peveto !Laren ti' whose legal address is 434 4th Street, Firestone, Colorado 60520 afthe County of Weld and State of Colorado ,grannie: WITNESSETH,That the grantor.for and in consideration of the sum of FIVE THOUSAND AND NO/100 -DOLLARS,($5,000.00 ). 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 grantee,his heirs and assigns forever,all the real property together with improvements.if any.situate,lying and being in the County of Weld ,end State of Colorado, described-a...11nws: A tract of land situated in the Northwest Quarter of Section 33, Township 2 North, Range ST West of the 6th PAT., described as- ftylluws-, to—wits- • • Beginning at the West Quarter Corner of said Section 33, thence' Barth 00'02'29' West a distance of 287.0D feet; thence South 89'29'05' East a distance of 53.63 feet; thence South 04'46'30" East a distance of 115.82 feet; thence South 16'49.27' East, a distance of 179.16 feet; thence North 89'46.59' West a distance of 114.78 feet to the point of beginning, County of Weld, State of Colorado elan known by street and number as Vacant Land, , CO TOGETHER with all and singular the berditaments and appurtenances thereunto belonging,or in anywise appertaining.and the reversion and reversions,remainder and remainders,rents,issues and profits thereof.and all the estate.right,title,interest, claim and demand whatsoever of the grantor,either in law or equity,of,in and to the above bargained premises,with the beredittements and appurtenance. 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 ensealing 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 end convey the same in manner and form as aforesaid.and that the some are free and clear from all former and other grants,bargains,sales,liens,taxes.assessments. encumbrances and restrictions of whatever kind or nature'never,except for taxes for the current year,a lien but not yet doe or payable.easements,restriction,reservations,covenants and rights-of-way of record,If any. Thegrantorshall and will WARRANT AND FOREVER DEFEND theabove.bargained premises in the quiet and peaceableposses- sion of the grantee,his heirs and assigns,against all and every person or persons lawfully claiming the whole or any pact 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 W OF,th grantor has executed this deed on the date set forth above. • Guy W. igsby Amy J. Fael4g' t CARDENAS NOTARY PUBLIC STATE OF COLORADO STATEOF COLORADO Ixs. _. COUNTY OF ADAMS 'The foregoing instrument was acknowledged before me this 16th day of December ,1990 ,by Guy W. Grigsby and Amy J. riding My Commission expires: January 14, 2002 Witness my hand and official seal. '`x,1 Ant D r,P.1J) Notary Public T. cARDENA5 WARRANTY DEED Uar Ylwlw.W,k Record)sessawem Foe 0 tba]4RAaa • 11111111111 NIP 1111 1111 III 111111111 111111111111 2676328 02/24/1999 12138P Weld County CO - 1 of 2 R 11.00 D 0.00 JA Sukt Teukemoto �,8 QUITCLAIM DEED TNISDEED.madt this 15th day of February .19 99 between Elizabeth Peveto a/k/a Elizabeth Peveto laren of the 'County of Weld and State of Colorado.gmntodst.and Elizabeth Peveto Haren and Thomas M. Harem as joint tenants whose legal address is 6890 Weld County Road 5, Firestone, Colorado 80520 of the County of Weld and State of Colorado.grantee(s). WITNESS.that the grantosls).for and in consideration of the suns of Ten (910) DOLLARS. the receipt and sufficiency of which is hereby acknowledged.has remised,released,sold and QUITCLAIMED.and by these presems doe5 remise.release sell and QUITCLAIM unto the grantee(s). their heirs.successors and assigns forever.all the right title.interns.claim and demand which the amnions)has in and to the real propene together with improvements.if any situate.lying and being in the County of Weld and State of Colorado described as follows: See Exhibit A attached hereto and incorporated by this reference. also known bynleel and numbest 6890 Weld County Road 5, Firestone, Colorado 80520 assessors schedule or parcel number TO HAVE AND TO HOLD the same,together with all and singular the appurtenances and privileges;hereunto belonging,or in anywise thereunto appertaining and all the estate.right,title,interest and claim whatsoever of the amnions),either in law or equity,to the only proper use,benefit and behoofof the grantee(%) their heirs and assigns forever IN WITNESS WHEREOF,the g ands)ha a executed this deed on the date smn�hove. Y ��I (VE bet eveta Rarer STATE OF COLORADO St County of k.):131-3`The foregoinginstnment was acknowledged before me this day of CA-1"s^"st'"`\ .1999 by Elizabeth Peveto a/k/a Elizabeth Peveto Reran , „ P ti C PQ (lB al Witness my hand and official seal. . / ........•.•''�+s gtf My commission expires-7-5O-O( ' f ` \ i WALKUP jo `_. 1\ �. `L), J�l�.l.i.. 0e.`\ /* fit Dann'manrn w- r. 't1? ntglPvbtt .rJt I` \ ,E OF CO_ Nara we Andres,orl rte 6nmalAMtr Coat las Dvniwlm if)1-as' No.933.Pet 4-94. QUITCLAIM DEED En dad Publishing,1743 Warn St,Denne CO 40202—(303)292-2500-5.97 :Id. 1111111111111111110111111111111111111111111111111111 2875328 02/24/1999 12:38P Mold County CO 2 of 2 R 11.00 D8,08 JR 9uk( Touksmoto Exhibit A A tract of land situated in the NW)( of Section 33, Township 2 North, Range 68 West of the 6th P.W., weld county, Colorado, being described as follows: Commencing at the Wit corner of Section- 33f thence along the East- Weet centerline of said Section 33, S 89'45'59" E, 114.78 feet to a point on the centerline of the Lower Boulder Irrigation Canal and the point of beginning; thence along said centerline the following courses; Thence N 16'49'27" W, 179.16 feet; thence N 04'46'30' W, 115.82 feet; thence N 17'26'11° E, 75.73 feet; thence N 55'06'56" E, 74.70 feet; thence N 63'28'21° E, 97.34 feet, thence N 56'40'12" 8, 140.18 feet; thence N 63'10.17' E, 228.28 feet; thence N 57'42'44" E, 119.91 feet; thence N 40'54'12" 8, 63.89 feet; thence N 28.09'29• E, 319.67 feet; thence N 36'27'13" B, 65.90 feet; thence N 50'48'15' 2, 62.46 feet; thence N 88'00'07" 8, 95.47 feet; thence N 52'58'52" E, 212.57 feet; thence N 45'06'16° E, 119.19 feet; thence N 28'59'47" E, 61.65 feet; thence N 20'40.04' if, 82.10 feet; thence N 53'54'44° W, 435.12 feet; thence N 46'13'57° W, 70.11 feet; thence N 24'18'38" W, 53.35 feet; thence N 16'15'57" E. . 59.29 foot; thence N 22'20'20" E, 59.88 feet; these N 14'26'13" 8, 77.52 feet; thence N 30'43'16' E, 61.50 feet; thence N 46'25'26" H, 41.82 feet; thence N 65'16'18" E, 172.55 feet; thence S 80'34'19' E, 206.16 feet; thence N 84'16'20" E, 189.07 feet; thence S 79'29'16" 8,. 32A.L1 feet; thence- S- 69'54'12"- E, 90.18- feet; thence S 55'20'14" E, 209.43 feet; thence S 67'20'28" 8, 206.95 feet; thence s 84'00'45' E, 185.44 feet; thence S 88'19'26" E, 85.39 feet; thence N 77'53'32" E, 69.71 feet to a point on the East line of the NWM of Section 33, whence the NW corner of said Section 33 bears N 00'12'23" 8, 720.64 feet; thence S 00'12'23" W, 1,903.66 feet to the center one-quarter corner of Section 33; thence along the East-West centerline of Section 33, N 89'46'59" W, 2,518.13 feet to the point of beginning. ALSO KNOWN AS:- Tract 4, es deecribed in the Land Survey Plat by Rocky Mountain Consultants, Inc., dated February 22, 1994, and recorded November 17, 1994. in Book 1468, Page 48 (Reception No. 2415746), Weld County Records. TOGETHER WITH easement rights created by instruments recorded November 17, 1994, in Book 1468, at Reception Nos. 2415749, 2415750 and 2415751. A tract of land situated in the Northwest Quarter of Section 33, Township 2 North, Range 68 West of the 6th P.M., described as follows, to-wit: Beginning at the West Quarter Corner of said Section 33, thence North 00'02'29' West a distance of 287.00 feet; thence South 89'29'05' East e distance of 53.61 feet; thence South 04'46'30' East a distance of 115.82 feet: thence south 16'49'27' East, a distance of 179.16 feet; thence North 89'46'59' west a distance of 114.78 feet to the point of beginning, County of Weld, State of Colorado. 12452 1/1 Y.•t.•fib . r.... ... -.:... .,.u.� �n Ot3dMOlOJ'A1Nf10J 6[3E'NVIOQI3M ltldpNMd tug v.a KoMen3 V r`o:.w [; `i.s"..... ... - m..+�.r� +n 3941 JO 153E 09 30NVtl'NINON L¢r5�1No: aDw45. 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I. @ elI `3 .1 l7 • • I 111111 EII IIII IIIIIIII 11111 III 1111111 III 11111 IIII Ili! 3190323 12/31/2003 10:39A Weld County,CO 'rib1 of 2 R 11.00 D 39.84 Steve Moreno Clerk&Recorder • WARRANTY DEED THIS DEED, Made this 12th day of December, 2003 between Thomas M. Haren and Elizabeth Peveto Haren of the County of Weld and State of Colorado, grantor, and Kathleen M. Board and Sandra R. Cavanaugh whose legal address is 8.021 Morningside Drive, Frederick, CO 80516 of the County of Weld and State of Colorado, grantees: Cr K) WITNESS that the grantor for and in consideration of the sum of THREE HUNDRED NINETY EIGHT THOUSAND FOUR HUNDRED FORTY AND 00/100, ($398,440.00) Dollars, the receipt and '14 sufficiency of which is hereby acknowledged, has granted, bargained, sold and \y conveyed, and by these presents does grant, bargain, sell, convey and confirm unto the S grantees, their heirs and assigns forever, not in tenancy in common but in JOINT bTENANCY, all eing in the real property, of Weldtandther Stat with of Colorado, describedrovements, if yassfollows:te, lying and SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF also known by street and number as , , Colorado TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantees, their heirs and assigns forever. And the grantor, for himself, his heirs and personal representatives, does covenant, grant, bargain, and agree to and with the grantees, their heirs and assigns, that at the time of the ensealing and delivery of these presents, he is well seized of the 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 aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, except general taxes for 2003 and subsequent years; except easements, restrictions, covenants, conditions, reservations and rights of way of record, if any; The grantor shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and veryepeoorepsion f the lawfullynclaiming their theheirs wholeor any partd assigns,against all and every person persons _ thereof. The singular number shall include the plural, th •l j b- ngular, and he use applicable any gender shall be applicable to all genders. IN WITNESS WHEREOF the grantor has executed th/de /99.11itte set Forth above. �eII/t •eV_ O Haren STATE OF COLORADO } } ss. The foregoing instrument was acknowledged before County of Weld ) me this 12th day of December, 2003 by Thomas M. Haren and Elizabeth Peveto Karen Witness my hand and official seal. My com i sion expires Nov r15, 2005 `/f/ 'IQRY.PUB‘1jrr NOTARY PUBLIC t' 4rr 1295 Main St. NO. 921A. Rev. 3-: I j Windsor, COLORADO 80550 OARELLA L.i r i w OLOCH S r'(. .`O�: �r�J 'PF.CO`ar TNG RU n I Rtq • s . • 1111111111111111111111111111011111111111111111111111 • 3110323 12131/2003 10.3911 Weld Coenry,r 2 0l 2 R 11.00 0 30.84 Sleva Moreno Clerk 6 Recorder "EXHIBIT A" LEGAL DESCRIPTION Lot B of Amended Recorded Exemption No. 1313-33-2-AMRE-3044, recorded December 9, 2003 as Reception No. 3133572, being a part of the NW1/4 of Section 33, Township 2 North, Range 68 West of the 6th P.M., County of Weld, State of Colorado. TOGETHER WITH Ten (10) shares of the capital stock of The Leyner-Cottonwood Consolidated Co. TOGETHER WITH Ten (10) shares of the capital stock of The Erie Coal Creek Ditch and Reservoir Company AR2415749 / C / t-/ 2415749 B-1468 P-49 11/17/94 02:02P PO 1 OF 5 REC D0C Weld County CO Clerk & Recorder 25.00 Grant of Easement (Sencenbaugh To Miles) This Grant of Easement is made this 30th day of September 1994 between Jane G. Sencenbaugh ("Sencenbaugh") and Josephine Block Miles also known as Josephine H.Miles("Miles"). Recitals WHEREAS Sencenbaugh is the owner of the real property described on Exhibit A,attached hereto and by this reference incorporated herein("Tract I");and WHEREAS Miles is the owner of the real property described on Exhibit B,attached hereto and by this reference incorporated herein("Tracts 2 and 4");and WHEREAS Sencenbaugh desires to grant certain easements to Miles pursuant to the Order of Partition dated December 29, 1993 in Civil Action No.92 CV-399 of the Weld County District Court; NOW,THEREFORE,pursuant to said Order of Partition of the Weld County District Court, Sencenbaugh and Miles agree as follows: 1. Sencenbaugh hereby sells,conveys and grants to Miles an easement("Easement")14.00 feet wide,the southerly boundary of which is the following line: COMMENCING AT THE NORTHWEST CORNER OF SECTION 33,TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN, WELD COUNTY COLORADO; THENCE ALONG THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 33,SOUTH 00°02'29"EAST 650.29 FEET TO THE POINT OF BEGINNING;THENCE SOUTH 84°45'34"EAST48.18 FEET TO A POINT ON THE CENTERLINE OF BOULDER AND WELD DITCH AND THE POINT OF TERMINATION OF SAID LINE. The northern boundary of said Easement at its west end shall extend to a point on the West line of the Northwest Quarter of said Section 33 and at its east end shall extend to a point on the centerline of the Boulder and Weld Ditch. 2. The Easement shall be for purposes of ingress to and egress from Tracts 2 and 4,access to and maintenance of irrigation facilities and the reasonable location of utilities. 3. The Easement is perpetual,non-exclusive and shall be appurtenant to Tracts 2 and 4. i_. • • 2415749 B-1468 P-49 11/17/94 02:02P PG 2 OF 5 4. This Grant of Easement shall be binding upon and shall inure to the benefit of the parties hereto,,their heirs,successors,assigns and personal representatives. AsL, Jane G.Sencenbaugh 504hine Block Miles also known as Josephine H.Miles STATE OF COLORADO ) )ss COUNTY OF ElPaso ) 30 The foregoing instrument was acknowledged before me this day of Septeibu' , 1994 by Jane G.Sencenbaugh. Witness my hand and official seal. My commission expiresMy Commiaeinn Expires i_n_o7 Notary Public STATE.OF COLORADO ) CODy.ft�,c{� OURk �- ,^ )ss ?TY-OF X1/1-i1'J' ) 1 Tl1e,Toregoing instrument was acknowledged before me this al- day of c{�=:ty,i,,,2,-eni , 1994 by Josephine Block Miles also known as Josephine (I.:Miles. Witness my hand and official 6\ seal. ' My commission expires: i ALL4 7J) ) I96 0 ht, C 'b,,,,„„6_, /�/iW�„.1- Notary Public Exhibit A 2415749 B-1468 P-49 11/17/94 02:02P PG 3 OF 5 TRACT 1 LEGAL DESCRIPTION A TRACT OF LAND SITUATED IN THE SOUTH ONE-HALF OF THE SOUTHWEST QUARTER Of SECTION 28 AND THE NORTHWEST OUARTER OF SECTION 33 ALL IN TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN. WELD COUNTY, COLORADO, BEING DESCRIBED AS FOLLOWS. BEGINNING AT THE SOUTHWEST CORNER OF SECTION 28 THENCE ALONG THE WEST LINE OF THE SOUTHWEST QUARTER OF SECTION 28 NORTH 0000.04' WEST 1.346.44 FEET TO THE NORTHWEST CORNER OF THE SOUTH ONE-HALF OF THE SOUTHWEST QUARTER OF SECTION 28. THENCE SOUTH 89'28'25' EAST 2,645 34 FEET TO THE NORTHEAST CORNER OF THE SOUTH ONE-HALF OF THE SOUTHWEST' QUARTER OF SECTION 28; THENCE ALONG THE EAST LINE OF THE SOUTH ONE-HALF OF THE SOUTHWEST QUARTER OF SECTION 28, SOUTH 00'02'26- WEST 958.05 FEET WHENCE THE SOUTH ONE-QUARTER CORNER OF SECTION 28 BEARS SOUTH 00'02'26" WEST .389 87 FEET. THENCE SOUTH 9000'Q0" WEST 218.91 FEET TO A POINT ON THE CENTERLINE OF THE BOULDER AND WELD DITCH; THENCE ALONG SAID CENTERLINE THE FOI TOWING COURGES THENCE SOUTH 83'27'44 WEST 65 38 FEET, THENCE NORTH 87'34'14" WEST 154.67 FEET, THENCE VWTTH 71'34'19' WEST 15006 FEET; THENCE SOUTH 84'45'58" WEST 41.35 FEET; THENCE NORTH 7746'08" WEST 54 75 FEET; THENCE NORTH 60'39'07 WEST 150.64 FEET: THENCE NORTH 68'29'21' WEST 266 40 FEET; THENCE NORTH 8049'55" WEST 159.78 FEET, THENCE SOUTH 84'45'13' WEST 43.01 FEET, THENCE SOUTH 54'24'51" WEST 43.75 FEET, THENCE SOUTH 4731'07 WEST 131.97 FEET; THENCE SOUTH 7740'04" WEST 197.69 FEET. THENCE SOUTH 63'17'17 WEST 382.68 FEET; THENCE SOUTH 63'31'24' WEST 141 80 FEET; THENCE SOUTH 48'05'03" WEST 151.42 FEET; THENCE SOUTH 4107'45" WEST 195.46 FEET; THENCE SOUTH 2724'41" WEST 137 71 FEET, THENCE SOUTH 3675'38" WEST 202.57 FEET; THENCE SOUTH 43'08'28- WEST 107.42 FEET; THENCE SOUTH 2734'00" WEST 144.95 FEET; THENCE SOUTH 19'14'52' WEST 14 70 FEET, THENCE DEPARTING THE CENTERLINE OF SAID BOULDER AND WELD DITCH ALONG THE CENTERLINE OF AN EXISTING ROAD, NORTH 84'45'34" WEST 4818 FEET TO A POINT ON THE WEST UNE OF THE NORTHWEST QUARTER OF SECTION 33, THENCE NORTH 0002'29" WEST 650.29 FEET TO THE POINT OF BEGINNING EXCEPTING THEREFROM A PARCEL OF LAND DESCRIBED BY DEED RECORDED AUGUST 17, 1964 IN BOOK 521 AS RECEPTION NUMBER 1443172 OF WELD COUNTY RECORDS. BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 28. THENCE ALONG THE WEST LINE OF SECTION 28, NORTH 0000'04' WEST 1.332 80 FEET: THENCE SOUTH 89'57'04" EAST 30.00 FEET TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF WELD COUNTY ROAD NO 5 AND THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 89'57'04" EAST 1,285.00 FEET THENCE SOUTH 0000'04" EAST 339.00 FEET; THENCE NORTH 89'57'04" WES4 '. 2Y'HOC FEET TG A POINT ON SAID EAST RIGHT-OF- WAY LINE OF WELD COUNTY ROAD NO. 5: THENCE ALONG SAID EAST RIGHT-OF-WAY LINE NORTH 00'00.0{ WEST 339 00 FEET TO THE TRUE POINT OF BEGINNING. THE NET AREA OF THE ABOVE DESCRIBED TRACT OF LAND IS 58 002 ACRES MORE OR LESS. 2415749 B-11IIIP-49 11/17/94 02:02P PG 4 OF 5 • Exhibit B Page 1 TRACT 2 LEGAL DESCRIPTION A TRACT OF LAND SITUATED IN THE SOUTH ONE-HALF OF THE SOUTHWEST QUARTER OF SECTION 28 AND THE NORTHWEST QUARTER OF SECTION 33 ALL IN TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN, WELD COUNTY, COLORADO, BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTH ONE-QUARTER CORNER OF SECTION 33; THENCE ALONG THE EAST LINE OF THE NORTHWEST QUARTER OF SECTION 33, SOUTH 00°12'23" WEST 720.64 FEET TO A POINT ON THE CENTERLINE OF THE LOWER BOULDER IRRIGATION CANAL, WHENCE THE CENTER ONE-QUARTER CORNER OF SECTION 33 BEARS SOUTH 00°12'23" WEST 1,903.66 FEET; THENCE ALONG THE CENTERLINE OF SAID LOWER BOULDER IRRIGATION CANAL THE FOLLOWING COURSES: THENCE SOUTH 77°53'32" WEST 69.71 FEET; THENCE NORTH 88°19'26" WEST 85.39 FEET; THENCE NORTH 84°00'45" WEST 185.44 FEET; THENCE NORTH 67°20'28" WEST 206.95 FEET; THENCE NORTH 55°20'14" WEST 209.43 FELT; THENCE NORTH 69°54'12" WEST 90.18 FEET; THENCE NORTH 79°29'16" WEST 328.11 FEET; THENCE SOUTH 84°16'20" WEST 189.07 FEET; THENCE NORTH 80°34'19" WEST 206.16 FEET; THENCE SOUTH 65°16'18" WEST 172.55 FEET; THENCE SOUTH 46°25'26" WEST 41.82 FEET; THENCE SOUTH 30°43'16" WEST 61.50 FEET; THENCE SOUTH 14°26'13" WEST 77.52 FEET; THENCE SOUTH 22°20'20" WEST 89.88 FEET; 1HENCL DEPARTING THE CENTERLINE OF SAID LOWER BOULDER IRRIGATION CANAL ALONG THE CENTERLINE OF AN EXISTING ROAD; THENCE ALONG THE CENTERLINE OF SAID EXISTING ROAD THE FOLLOWING COURSES: THENCE NORTH 64°15'46" WEST 49.42 FEET; THENCE NORTH 55°44'21" WEST 70.43 FEET; THENCE NORTH 65°10'23" WEST 75.56 FEET; THENCE NORTH 75°52'35" WEST 166.83 FEET; THENCE NORTH 83°24'03" WEST 197.32 FEET; THENCE SOUTH 87°37'07" WEST 61.18 FEET; THENCE SOUTH 71°06'32" WEST 54.00 FEET; THENCE SOUTH 62°23'09" WEST 91.61 FEET; THENCE SOUTH 83°08'15" WEST 51.27 FEET; THENCE NORTH 84°45'34" WEST 48.11 FEET TO A POINT ON THE CENTERLINE OF THE BOULDER AND WELD DITCH; THENCE ALONG THE CENTERLINE OF SAID DITCH THE FOLLOWING COURSES: THENCE NORTH 19°14'52" EAST 14.70 FEET; THENCE NORTH 27°34'00" EAST 144.95 FEET; THENCE NORTH 43°08'28" EAST 107.42 FEET; THENCE NORTH 36°35'38" EAST 202.57 FEET; THENCE NORTH 22°24'41" EAST 137.71 FEET; THENCE NORTH 41°07'45" EAST 195.46 FEET; THENCE NORTH 48°05'05" EAST 151.42 FEET; THENCE NORTH 63°31'24" EAST 141.80 FEET; THENCE NORTH 63°17'17" EAST 382.68 FEET; THENCE NORTH 72°40'04" EAST 197.69 FEET; THENCE NORTH 42°31'02" EAST 131.97 FEET; THENCE NORTH 54°24'51" EAST 43.75 FEET; THENCE NORTH 84°45'13" EAST 43.01 FELT; THENCE SOUTH 80°49'55" EAST 159.78 FEET; THENCE SOUTH 68°29'21" EAST 265.40 FEET; THENCE SOUTH 60°39'07" EAST 150.64 FEET; THENCE SOUTH 72°46'08" EAST 54.75 FEET; THENCE NORTH 84°45'58" EAST 41.35 FEET; THENCE NORTH 7i°34'19" EAST 150.06 FEET; THENCE SOUTH 87°34'14" EAST 154.67 FEET; THENCE NORTH 83°27'44" EAST 65.38 FEET; THENCE DEPARTING TIII CENTERLINE OF TIT BOULDER AND WELD DITCH, NORTH 90°00'00" EAST 218.91 FEET TO A POIN1 ON THE EAST LINE OF THE SOUTHWEST QUARTER OF SECTION 28, WHENCE THE NORTHEAST CORNER GE THE SOUTH ONE-HALF OF THE SOUTHWEST QUARTER OF SECTION 28 BEARS NORTH 00002'26" EAST 958.05 FEET; THENCE SOUTH 00°02'26" NISI 389.87FEET TO THE POINT OF BEGINNING, CONTAINING 48,998 ACRES MORE OR IISS. • Exhibit B Page 2 TRACT 4 LEGAL DESCRIPTION A 1RACT OF LAND SITUATED IN THE NORTHWEST QUARTER OF SECTION 33, TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE 6Th PRINCIPAL MERIDIAN, WELD COUNTY, COLORADO, BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST ONE-QUARTER CORNER OF SECTION 33; THENCE ALONG THE EAST-WEST CENTERLINE OF SAID SECTION 33, SOUTH 89°46'59" EAST 114.78 FEET TO A POINT ON THE CENTERLINE OF THE LOWER BOULDER IRRIGATION CANAL AND THE POINT OF BEGINNING; THENCE ALONG SAID CENTERLINE THE FOLLOWING COURSES: THENCE NORTH 16°49'27" WEST 179.16 FEET; THENCE NORTH 04°46'30" WEST 115.82 FEET; THENCE NORTH 17°26'11" EAST 75.73 FEET; THENCE NORTH 55°06'56" EAST 74.70 FEET; THENCE NORTH 63°28'21" EAST 97.34 FEET; THENCE NORTH 56°40'12" EAST 140.18 FEET; THENCE NORTH 63°10'17" EAST 228.28 FEET; THENCE NORTH 57°42'44" EAST 119.91 FEET; THENCE NORTH 40°54'12" EAST 63.89 FEET; THENCE NORTH 28°09'29" EAST 319.67 FEET; THENCE NORTH 36°27'13" EAST 65.90 FEET; THENCE NORTH 58°48'15" EAST 62.46 FEET; THENCE NORTH 68°00'07" EAST 95.47 FEET; THENCE NORTH 52°58'52" EAST 212.57 FEET; THENCE NORTH 45°08'16" EAST 119.19 FEET; THENCE NORTH 28°59'47" EAST 61.65 FEET; THENCE NORTH 20°40'04" WEST 82.10 FEET; THENCE NORTH 53°54'44" WEST 435.12 FEET; THENCE NORTH 46°13'57" WEST 70.11 FEET; THENCE NORTH 24°18'38" WEST 53.35 FEET; THENCE NORTH 16°15'57" EAST 59.29 FEET; THENCE NORTH 22°20'20" EAST 89.88 FEET; THENCE NORTH 14°26'13" EAST 77.52 FEET; THENCE NORTH 30°43'16" EAST 61.50 FEET; THENCE NORTH 46°25'26" EAST 41.82 FEET; THENCE NORTH 65°16'18" EAST 172.55 FEET; THENCE SOUTH 80°34'19" EAST 206.16 FEET; THENCE NORTH 84°16'20" EAST 189.07 FEET; THENCE SOUTH 79°29'16" EAST 328.11 FEET; THENCE SOUTH 69°54'12" EAST 90.18 FEET; THENCE SOUTH 55°20'14" EAST 209.43 FEET; THENCE SOUTH 67°20'28" EAST 206.95 FEET; THENCE SOUTH 84°00'45" EAST 185.44 FEET; THENCE SOUTH 88°19'26" EAST 85.39 FEET; THENCE NORTH 77°53'32" EAST 69.71 FEET TO A POINT ON THE EAST LINE OF THE NORTHWEST QUARTER OF SECTION 33, WHENCE THE NORTH ONE-QUARTER CORNER OF SAID SECTION 33 BEARS NORTH 00°12'23" EAST 720.64 r SET; THENCE SOUTH 00°12'23" WEST 1,903.66 FEET TO THE CENTER ONE-QUARTER CORNER OF SECTION 33; THENCE ALONG THE EAST-WEST CENTERLINE OF SECTION 33, NORTH 89°46'59"WEST 2,518.13 FEET TO THE POINT OF BEGINNING, CONTAINING 91.463 ACRES MORE OR LESS. 2415749 B-1468 P-49 11/17/94 02:02P PG 5 OF 5 L - • i Y►5750 r1 lc��.sS - ��/' 4411 •I2 2415750 B-1468 P-50 11/17/94 02:02P PG 1 OF 5 REC II0C weld County CO Clerk & Recorder 25.00 Grant of Easement (Grigsby To Miles) 4G This Grant of Easement is made this day of _ a }c•; 1994 between Robert J.Grigsby("Grigsby")and Josephine Block Miles also known as Josephine H.Miles("Miles"). B.esitals WHEREAS Grigsby is the owner of the real property described on Exhibit A,attached hereto and by this reference incorporated herein("Tract 3");and WHEREAS Miles is the owner of the real property described on Exhibit B,attached hereto and by this reference incorporated herein("Tracts 2 and 4");and WHEREAS Grigsby desires to grant certain easements to Miles pursuant to the Order of Partition dated December 29, 1993 in Civil Action No.92 CV-399 of the Weld County District Court; NOW,THEREFORE,pursuant to said Order of Partition of the Weld County District Court, Grigsby and Miles agree as follows: 1. Grigsby hereby sells,conveys and grants to Miles an easement("Easement") 14.00 feet wide,the northerly boundary of which is the following line: COMMENCING AT THE NORTHWEST CORNER OF SECTION 33,TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN,WELD COUNTY COLORADO; THENCE ALONG THE WEST LINE OF THE NORTHWEST QUARTEROFSAID SECTION 33,SOUTH 00°02'29"EAST650.29 FEET; THENCE SOUTH 84°45'34" EAST 48.18 FEET TO THE POINT OF BEGINNING;THENCE SOUTH 84'45'34"EAST 48.I 1 FEET;THENCE NORTH 83°08'15" EAST 51.27 FEET; THENCE NORTH 62°23'09" EAST 91.61 FEET; THENCE NORTH 71°06'32" EAST 54.00 FEET; THENCE NORTH 87°37'07" EAST 61.18 FEET;THENCE SOUTH 83°24'03" EAST 197.32 FEET;THENCE SOUTH 75°52'35" EAST 166.83 FEET;THENCE SOUTH 65°10'23"EAST 75.56 FEET;THENCE SOUTH 55°44'21"East 70.43 FEET;THENCE SOUTH 64°15'46" EAST 49.42 TO A POINT ON THE CENTERLINE OF THE LOWER BOULDER IRRIGATION CANAL AND THE POINT OF TERMINATION OF SAID LINE. The southern boundary of said Easement at its Fast end shall extend along its described path to a point on the centerline of the lower Boulder Irrigation Canal. Provided,however,that neither the Easement nor the use of the Easement shall in any way affect the existence,use,or maintenance of existing improvements on Tract 3,including,but not . 2415750 B-1468 P-50 11/17/94 02:02P PG 2 OF 5 by way of limitation,the electrical transformer and connections immediately South of the existing road across the northern boundary of Tract 3,the existing electrical cables and boxes and/or the headgate and flume on the Lower Boulder Consolidated Ditch,immediately South of said existing road. 2. The Easement shall be for purposes of ingress to and egress from Tracts 2 and 4,access to and maintenance of irrigation facilities and the reasonable location of utilities. 3. The Easement shall be perpetual,non-exclusiveand shall beappurtenantto Tracts 2 and 4. 4. This Grant of Easement shall be binding upon and shall inure to the benefit of the parties hereto,their heirs,successors,assigns and personal representatives. Robert J.ticigssb osephi Block MilesalsoknownasJosephineH.Miles STATE OF COLORADO ) j� )ss COUNTY OF I CL(IJI 11 ) ,/ '..Th ,orego g instrument was acknowledged before me this /C :-.1c- day of , 1994 by Robert J.Grigsby. Witness my hand and official seal. coi My commission expires: 7/)7�l d V . Notary Public STATE OF COLORADO ) CUatt l� - )ss CO OF U-C-'ti-C}ei^J ) 1 :lit`fo�r�e�g�oin,g�instrument� was acknowledged before me this 21''t day of ,pflu '^"" , 1994 by Josephine Block Miles also known as Josephine H.Miles. Witness my hand and official seal.My commission expires: 1\461 -5/ 1q97 ! 7 ids : LtcArfr Notary Public 1 I • 2415750 B-14 -50 11/17/94 02:02P PO 3 OF 5 • Exhibit A TRACT 3 LEGAL DESCRIPTION A TRACT OF LAND SITUATED IN THE NORTHWEST QUARTER OF SECTION 33, TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN, WELD COUNTY, COLORADO, BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE WEST ONE-QUARTER CORNER OF SECTION 33; THENCE ALONG THE WEST LINE OF THE NORTHWEST QUARTER OF SECTION 33, NORTH 00°02'29" WEST 1,989.81 FEET TO A POINT WHENCE THE NORTHWEST CORNER OF SECTION 33 BEARS NORTH 00°02'29" WEST 650.29 FEET; THENCE ALONG THE CENTERLINE OF AN EXISTING ROAD THE FOLLOWING COURSES: THENCE SOUTH 84°45'34" EAST 96.29 FEET; THENCE NORTH 83°08'15" EAST 51.27 FEET; THENCE NORTH 62°23'09" EAST 91.61 FEET; THENCE NORTH 71°06'32" EAST 54.00 FEET; THENCE NORTH 87°37'07" EAST 61.18 FEET; THENCE SOUTH 83°24'03" EAST 197.32 FEET; THENCE SOUTH 75°52'35" EAST 166.83 FEET; THENCE SOUTH 65°10'23" EAST 75.56 FEET; THENCE SOUTH 55°44'21" EAST 70.43 FEET; THENCE SOUTH 64°15'46" EAST 49.42 FEET TO A POINT ON THE CENTERLINE OF THE LOWER BOULDER IRRIGATION CANAL; THENCE DEPARTING THE CENTERLINE OF SAID EXISTING ROAD ALONG THU CENTERLINE OF THE LOWER BOULDER IRRIGATION CANAL THE FOLLOWING COURSES: THENCE SOUTH I6°15'37" WEST 59.29 FEET; THENCE SOUTH 24°18'38" EAST 53.35 FEET; THENCE SOUTH 46°13'57" EAST 70.11 FEET; THENCE SOUTH 53°54'44" EAST 435.12 FEET; THENCE SOUTH 20°40'04" EAST 82.10 FEET; THENCE SOUTH 28°59'47" WEST 61.65 FEET; THENCE SOUTH 45°08'16" WEST 119.19 FEET; THENCE SOUTH 52°58'52" WEST 212.57 FEET; THENCE SOUTH 68°00'07" WEST 95.47 FEET; THENCE SOUTH 58°48'15" WEST 62.46 FEET; THENCE SOUTH 36°27'13" WEST 65.90 FEET; THENCE SOUTH 28°09'29" WEST 319.67 FEET; THENCE SOUTH 40°54'12" WEST 63.89 FEET; THENCE SOUTH 57°42'44" WEST 119.91 FEET; THENCE SOUTH 63°10'17" WEST 228.28 FEET; THENCE SOUTH 56°40'12" WEST 140.18 FEET; THENCE SOUTH 63°28'21" WEST 97.34 FEET; IdENCL SOUTH 55°06'56" WEST 74.70 FEET; THENCE SOUTH 17°26'11" WEST 75.73 FEET; THENCE SOUTH 04°46'30" EAST 115.82 FEET; THENCE SOUTH 16°49'27" EAST 179.16 FEET TO A POINT ON THU EAST-WEST CENTERLINE. OF SECTION 33; THENCE ALONG SAID EAST-WEST CENTERLINE NORTH 89°46'59" WEST 114.78 FEET TO THE POIN1 OF BEGINNING, CONTAINING 32.773 ACRES MORE OR LESS. Exhibit B Page 1 TRACT 2 LEGAL DESCRIPTION A TRACT OF LAND SITUATED IN THE SOUTH ONE-HALF OF THE SOUTHWEST QUARTER OF SECTION 28 AND THE NORTHWEST QUARTER OF SECTION 33 ALL IN TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN, WELD COUNTY, COLORADO, BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTH ONE-QUARTER CORNER OF SECTION 33; THENCE ALONG THE EAST LINE OF THE NORTHWEST QUARTER OF SECTION 33, SOUTH 00°12'23" WEST 720.64 FEET TO A POINT ON THE CENTERLINE OF THE LOWER BOULDER IRRIGATION CANAL, WHENCE THE CENTER ONE-QUARTER CORNER OF SECTION 33 BEARS SOUTH 00°12'23" WEST 1,903.66 FEET; THENCE ALONG THE CENTERLINE OF SAID LOWER BOULDER IRRIGATION CANAL THE FOLLOWING COURSES: THENCE SOUTH 77°53'32" WEST 69.71 FEET; THENCE NORTH 88°19'26" WEST 85.39 FEET; THENCE NORTH 84°00'45" WEST 185.44 FEET; THENCE NORTH 67°20'28" WEST 206.95 FEET; THENCE NORTH 55°20'14" WEST 209.43 FEET; THENCE NORTH 69°54'12" WEST 90.18 FEET; THENCE NORTH 79°29'16" WEST 328.11 FEET; THENCE SOUTH 84°16'20" WEST 189.07 FEET; THENCE NORTH 80°34'19" WEST 206.16 FEET; THENCE SOUTH 65°16'18" WEST 172.55 FEET; THENCE SOUTH 46°25'26" WEST 41.82 FEET; THENCE SOUTH 30°43'16" WEST 61.50 FEET; THENCE SOUTH 14°26'13" WEST 77.52 FEET; THENCE SOUTH 22°20'20" WEST 89.88 FEET; THENCE DEPARTING THE CENTERLINE OF SAID LOWER BOULDER IRRIGATION CANAL ALONG THE CENTERLINE OF AN EXISTING ROAD; THENCE ALONG THE CENTERLINE OF SAID EXISTING ROAD THE FOLLOWING COURSES: THENCE NORTH 64°15'46" WEST 49.42 FEET; THENCE NORTH 55°44'21" WEST 70.43 FEET; THENCE NORTH 65°10'23" WEST 75.56 FEET; THENCE NORTH 75°52'35" WEST 166.83 FEET; THENCE NORTH 83°24'03" WEST 197.32 FEET; THENCE SOUTH 87°37'07" WEST 61.18 FEET; THENCE SOUTH 71°06'32" WEST 54.00 FEET; THENCE SOUTH 62°23'09" WEST 91.61 FEET; THENCE SOUTH 83°08'15" WEST 51.27 FEET; THENCE NORTH 84°45'34" WEST 48.11 FEET TO A POINT ON THE CENTERLINE OF THE BOULDER AND WELD DITCH; THENCE ALONG THE CENTERLINE OF SAID DITCH THE FOLLOWING COURSES: THENCE NORTH 19°14'52" EAST 14.70 FEET; THENCE NORTH 27°34'00" EAST 144.95 FEET; THENCE NORTH 43°08'28" EAST 107.42 FEET; THENCE NORTH 36°35'38" EAST 202.57 FEET; THENCE NORTH 22°24'41" EAST 137.71 FEET; THENCE NORTH 41°07'45" EAST 195.46 FEET; THENCE NORTH 48°05'05" EAST 151.4? FEET; THENCE NORTH 63°31'24" EAST 141.80 FEET; THENCE NORTH 63°17'17" EAST 382.68 FEET; THENCE NORTH 72°40'04" EAST 197.69 FEET; THENCE NORTH 42°31'02" EAST 131.97 FEET; THENCE NORTH 54°24'51" EAST 43.75 FEET; THENCE NORTH 84°45'13" EAST 43.01 FEET; THENCE SOUTH 80°49'55" EAST 159.78 FEET; THENCE SOUTH 68°29'21" EAST 266.40 FEET; THENCE SOUTH 60°39'07" EAST 150.64 FEET; THENCE SOUTH 72°46'08" EAST 54.75 FEET; THENCE NORTH 84°45'58" EAST 41.35 FEET; THENCE NORTH 71°34'19" EAST 150.06 FEET; THENCE SOUTH 87°34'14" EAST 154.67 FEET; THENCE NORTH 83°27'44" FAST 65.38 FEET; THENCE DEPARTING THE CENTERI INE OF THE BOULDER AND WELD DITCH, NORTH 90°00'00" EAST 218.91 FEET TO A POINT ON THE LAST LINE OF THE SOUTHWEST QUARTER OF SECTION 28, WHENCE THE NORTHEAST CORNER OF THE SOUTH ONE-HALF OF THE SOUTHWEST QUARTER OF SECTION 28 BEARS NORTH 00°02'26" EAST 958.05 FEET; THENCE SOUTH 00°02'26" WISE 389.87FEET TO THE POINT OF BEGINNING, CONTAINING 48.998 ACRES MORE ON LESS. 2415750 8-1468 P-50 11/17/94 02:02P PG 4 OF 5 • • Exhibit B Page 2 TRACT 4 LEGAL DESCRIPTION A TRACT OF LAND SITUATED IN THE NORTHWEST QUARTER OF SECTION 33, TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN, WELD COUNTY, COLORADO, BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST ONE-QUARTER CORNER OF SECTION 33; THENCE ALONG THE EAST-WEST CENTERLINE OF SAID SECTION 33, SOUTH 89°46'59" EAST 114.78 FEET TO A POINT ON THE CENTERLINE OF THE LOWER BOULDER IRRIGATION CANAL AND THE POINT OF BEGINNING; THENCE ALONG SAID CENTERLINE THE FOLLOWING COURSES: THENCE NORTH 16°49'27" WEST 179.16 FEET; THENCE NORTH 04°46'30" WEST 115.82 FEET; THENCE NORTH 17°26'11" EAST 75.73 FEET; THENCE NORTH 55°06'56" EAST 74.70 FEET; THENCE NORTH 63°28'21" EAST 97.34 FEET; THENCE NORTH 56°40'12" EAST 140.18 FEET; THENCE NORTH 63°10'17" FAST 228.28 FEET; THENCE NORTH 57°42'44" EAST 119.91 FEET; THENCE NORTH 40°54'12" EAST 63.89 FEET; THENCE NORTH 28°09'29" EAST 319.67 FEET; THENCE NORTH 36°27'13" EAST 65.90 FEET; THENCE NORTH 58°48'15" EAST 67.46 FEET; THENCE NORTH 68°00'07" EAST 95.47 FEET; THENCE NORTH 52°58'52" EAST 212.57 FEET; THENCE NORTH 45°08'16" EAST 119.19 FEET; THENCE NORTH 28°59'47" EAST 61.65 FEET; THENCE NORTH 20°40'04" WEST 82.10 FEET; THENCE NORTH 53°54'44" WEST 435.12 FEET; THENCE NORTH 46°13'57" WEST 70.11 FEET; THENCE NORTH 24°18'38" WEST 53.35 FEET; THENCE NORTH 16°15'57" EAST 59.29 FEET; THENCE NORTH 22°20'20" EAST 89.88 FEET; THENCE NORTH 14°26'13" EAST 77.52 FEET; THENCE NORTH 30°43'16" EAST 61.50 FEET; THENCE NORTH 46°25'26" EAST 41.82 FEET; THENCE NORTH 65°16'18" EAST 172.55 FEET; THENCE SOUTH 80°34'19" EAST 206.16 FEET; THENCE NORTH 84°16'20" EAST 189.07 FEET; THENCE SOUTH 79°29'16" EAST 328.11 FEET; THENCE SOUTH 69°54'12" EAST 90.18 FEET; THENCE SOUTH 55°20'14" EAST 209.43 FEET; THENCE SOUTH 67°20'28" EAST 206.95 FELT; THENCE SOUTH 84°00'45" EAST 185.44 FEET; THENCE SOUTH 88°19'26" EAST 85.39 FEET; THENCE NORTH 77°53'32" EAST 69.71 FEET TO A POINT ON THE EAST LINE OF THE NORTHWEST QUARTER OF SECTION 33, WHENCE THE NORTH ONE-QUARTER CORNER OF SAID SECTION 33 BEARS NORTH 00°12'23" EAST 720.64 rEET; THENCE SOUTH 00°12'23" WEST 1,903.66 FEET TO THE CENTER ONE-QUARTER CORNER OF SECTION 33; THENCE ALONG THE EAST-WEST CENTERLINE OF SECTION 33, NORTH 89°46'59" WEST 2,518.13 FEET TO THE POINT OF BEGINNING, CONTAINING 91.463 ACRES MORE OR LESS. 2415750 B-1468 P-50 11/17/94 02:02P PG 5 OF 5 •tai k s!• �:' .3 .� 46 +-'ry, DLM! 5 $ ��2 } R' 4:4 E Y: p� { 1{ i { a ,v d N t ' !+ I Vlitital!iii.142; i"a• •Jiv xx 'f* mxa .: 9 t �d �B,GIJ HI .i h • if #i }� �r • t .J yw Y Sy yFr'f9, �, fo .y'c. 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A\% V' 3d 0 z W to S � \ro \ x�'- 5 o z o W 8' � iz S \ \\gR CF \ \ n O \ n c O - - - — — — — — , n),a 0 J (ONIdv is sIs al (a)(n)tune aet,tamn a 4 Q V g .0k CVO Alfa 100 C1= A tm 6X t meta'gadotwatteina i a'NeN1t01ssltIJUllaf la7S N0V-17-2009 TUE 12:59 PM L0NGM0•UNITED - HR FAX NO, 303 485 137 P. 03 WELD COUNTY DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT 1555 NORTH 17TH AVENUE GREELEY, CO 80631 PHONE (970) 304-6415 FAX (970)304-6411 Finaled Permit ti: SP-0500453 Sec/Twn/Rng: 33-02-68 Status: ISSUED Owner: CAVANAUGH SANDRA R Applied: 12/29/2005 Applicant: GERALD THOMAS Issued: 01/03p/2 06 Permit Type: RNEW C=Commercial,R.-ResidentialNEW,REPair,VauLT Finaled: vl I 2 p a Parcel #: 1313-33- - - Location: 6880 WCR 5 Legal Description: Installer: ' Tk o i i f Description: HOUSE Commercial: N Residential:Y Acres: 57 #of Persons: 2 Basement Plumbing: Y # of Bedrooms: 3 Bathrooms - Full: 2 3/4: 0 1/2: 2 Water Public; Y Water Source: LFTHD Water Private: N Cistern: N Well: N Well Permit #: Percolation Rate: 23.5 Limiting Zone: 6 ft 6 in Description: BEDROCK % Ground Slope: 0 Dir: Soil Suitable: (Y/N) Y Engineer Design Required: (Y/N) N In 100 Year Flood Plain: (Y/N) N Minimum Installation Chambers* Septic Tank: 1000 gallons Absorption Trench: 963 square feet or Absorption Bed: 1254 square feet Actual Installation Septic Tank: I Gs() gallons Absorption Trench: square feet Absorption Bed: - Ida square feet Design Type: O.4• Chamber Model NOTICE The issuance of this permit does not imply compliance with other state,county or local regulatory or building requirements,nor shall it act to certify that the subject system will operate in compliance with applicable state,county and local regulations adopted pennant to Article 10,Title 25,CRS as amended,except for the purpose of establishing final approval of installed system for issuance of a local occupancy permit penuant to CRS 1973 25-10-111 (2). This permit is non transferable and_non relllndable, The Weld County Department of Public Health and Environment reserves the right to impose additional terms and conditions required to meet our regulations on a continuing basis. Final permit approval was contingent upon the final inspection of the completed system by the Weld County Department of Public Health and Environment. x _ 9,os-. Envlromm 1 Health Specialist Date Form:S_FINAL r• 4 . NOV-17-2009 TUE 12:59 PM LONGMONT UNITED - HR FAX NO. 303 485 4137 P. 04 Sep 26 06 12: O9p Sae 720� 14212J P. 1 O 5t oL-63 Coln roc) t----.. r �dis � Onsite System Property Address!(1!f T) f' e-i S RI As-Built Permit 8 Drawing Dale System s N �ti el Name c, aie 40_ 3-144--)-t3 i 9 Installer's license t Ingler's Address a d Phone it=i �c w4 /� 1_h oSins-4.c+ ,ro,J . � .4 a , Co E -L-..: , 61 E - F -:- b { G - -k -_ sal !A k `ouSC tko^ 5 P.tia N f— c { ( (•fit I�f-� �j G . 0 0 __tr. h..,M „tore.. 4, 1 _____ ____ ,,,,.. „ „AQ.,_, H ! lit t 135a L C.A '� Hello