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Home My WebLink About20103129 ( e is — 4 IL s+ c • t• tn� A A k £ y e i� a c al g §`� xY� tl 94 I° a a 'pm ig i ■ ie$ R ii i 2R g66C, 1010 !E b,�F��y{ lBi4 8& ! 9 . till-1i 04 i SC �`y� `{blell ei 4 t. wile; it 1/24 El 6."R4 III rik pa i SS.. < Si 4aaa p6 ib I ₹att ., E 1 < < a b b ` rya a e 6" ea - p� it; e 7 I? Nil 2 r On Pi im Ili laig ax ii 541 hi id Pill 1.j € a she to g Ey a iill4� g r� $ i„ a IOW f1 p iv a Ill Y @e R ilia 1 01 a��14 ba t. 8 g. 4 jFpyq iiiiiv tl' iiiii fix sx' §� €l hilt �E ""€ a v 0 `~ "O a1 Z `3 ai a ¢i e i 12i; a 99gg gg ail q II ; kII pp1 . :iii ,,€ 1. 6 m,,~ s p p "'_9E E 6 b I F a E Milli E 3 a a 3 pp � Q yea 5 a �� ,�E&j�[i ; e �` 5iai x 11 in f� ° €'� � egg 9 �� yy � p Fy � � sb 9 � E. o G 1'� z a O dR ;24 :it i : E ga I 5s 8i yi 'f @y HX ; 49 g Pik ge§ al<I22552.2 ` t} ii I gmN4 ppli� OV 1 �1 4a .Ili IT Xlil . 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LLyf' R Nj� � `Ya °':7 a .°51 a""'"''wu"°'a,, J $. -p ,n,-34. ,4 CI 2 N J a P 1 X —,I9'LC9- �r— y,� ,BOfZfl N.91,LIA05� - - o a _ 8 2i as WTI.- -7.5' n i NW-A-LO1 a 6k OVOd .UNNOO sagi Eli g-s e2 g r" a alz - Lg¢ !!! i1t oEt. NA E ' �� ret n2v a4'1yLam Y V ea2a 1°',ei p : III... € 't 1 cg • z sly - t x ' �.� @ < < [Ili ti !`\`j�\\�\ RE § U�: R ss2 r3:y1 i E 4]7 ff y{ -' ��gy,+iI 6 t W i 6 i �g Q U 6a a F W gaa� ,@ a i w s o "Sill �g�s b z . bFio₹1ia am I84p a r a14 a r 5a 4 in at3¢ 11 DEPARTMENT OF PLANNING SERVICES WC ARECORDED EXEMPTION DMINISTTRATIVE REVIEW COLORADO Applicant: Clapsaddle Farms LLC RE-5034 Planner: M. Martin Legal Description: Lot B of RE-3117 being part of the S2 NW4 of Section 30, Township 1 North, Range 64 West of the 6tn P.M. Weld County, Colorado Parcel ID#: 1475 30 000004 Lot A Size: +/- 5 acres Lot B Size: +/-69 acres Water Source: Lots A and B: Proposed Sewer System: Lots A and B: Proposed Well Septic Criteria Checklist Yes No X 1. Conforms with Chapter 22 of the Weld County Code and any adopted municipal plan. X 2. Compatible with the existing surrounding land uses. X 3. Consistent with the intent of the zone district. X 4. Consistent with efficient and orderly development. X 5. Complies with Recorded Exemption standards in Section 24-8-40 of the Weld County Code. X 6. Provides for adequate protection of the health, safety, and welfare of the inhabitants of the neighborhood and the County. Approved with Conditions The Weld County Department of Planning Services has determined through an administrative review that the standards of Section 24-8-40 of the Weld County Code have been met. This Recorded Exemption is approved with the following conditions in accordance with information submitted in the application and the policies of Weld County. 1. A Weld County septic permit is required for any proposed home. The septic system shall be installed according to the Weld County Individual Sewage Disposal System (I.S.D.S.) regulations. 2. The applicant has proposed a well as the source of adequate water for Lots A and B. Property 2010-3129 owners are advised that the quantity of water available for usage may be limited to specific uses, i.e., "Domestic Use Only," etc. Because each situation is unique, the Department of Planning Services encourages property owners to contact the Office of the State Engineer, Division of Water Resources (1313 Sherman Street, Room 818, Denver, Colorado 80203. Phone 303-866- 3581), to discuss each individual situation. 3. Topographic or physical features of the proposed Lots A and B, such as ravines, ditches, streams etc. may limit the area available for a new or replacement septic system. Prior to recording the plat the Weld County Department of Public Health and Environment recommends that the applicant review the Weld County Code pertaining to septic systems to assure that any installed septic system will comply with all setback requirements found in the Code. In the event the proposed lot is not of sufficient size to allow the installation of a septic system the lot may need to be enlarged. 4. Prior to recording the plat: The plat shall be titled: Recorded Exemption No. 1475-30-2 RE-5034 2. Lots A and B shall share an access, no circle drives or additional accesses shall be granted. The access road shall be graded and drained to provide all weather access. Accesses shall be placed in such a location as to have adequate sight distance in both directions, shall not be placed below the crest of a hill or where physical obstructions are present and shall be a minimum distance of 75 feet from any intersecting County or State roadway. A 30 foot wide joint access and utility easement, for the benefit of Lots A and B, 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. 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. County Road 49 is designated on the Weld County Road Classification Plan as An arterial road, which requires 140 feet of right-of-way at full build out. There is presently 60 feet of right-of-way. An additional 40 feet shall be delineated on the plat as future County Road 49 right-of-way. All setbacks shall be measured from the edge of future right-of-way. The applicant shall verify and delineate on the plat the existing right-of-way and the documents creating the right-of-way. If the right-of-way cannot be verified, it shall be dedicated. This road is maintained by Weld County. The applicant shall attempt to address the requirements (concerns) of Weld County Department of Public Works as stated in the referral response dated 7/13/2010. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. / The applicant shall address the requirements of Weld County School District RE-3J as / stated in the referral response dated 6/15/2010. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. A. Lot A shall comply with the two and one-half (2 1/2) acre net minimum lot size required by Section 24-8-40.L of the Weld County Code. Net acreage calculations should not include reserved road right-of-way. ies The applicant shall delineate the floodplain boundary on the plat map. 9. The applicant shall provide written documentation of whom as the authority to sign for Clapsaddle Farms LLC. 10. The applicant shall provide the Weld County Department of Planning Services with a Statement of Taxes from the Weld County Treasurer showing no delinquent taxes exist for the original parcel. 11. 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. WARNING: LOTS MAY NOT BE BUILDABLE DUE TO FLOODPLAIN OR FLOODWAY DESIGNATION. Please be advised that owners of Lot B may not be able to obtain building permits to construct non-agricultural structures. All construction or improvements occurring in the flood plain as delineated on Federal Emergency Management Agency FIRM Community Panel Map 080266 1025C dated September 28, 1982, shall comply with the Flood Hazard Overlay District requirements of Chapter 23, Article V, Division 3 of the Weld County Code and all applicable FEMA regulations and requirements as described in 44 CFR parts 59 and 60. 5. Flood Hazard Development Permits will be required for development or construction activities located within the FEMA mapped Box Elder Creek Floodplain. 6. The installation of any septic system within the 100-year flood plain shall comply with the Weld County I.S.D.S. flood plain policy. In accordance with the State of Colorado I.S.D.S. Regulations, no septic system shall be installed with in the floodway. 7. 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. 8. Prior to the release of building permits, the applicant shall submit evidence to the Department of Planning Services that Lots and/ or B have an adequate water supply of sufficient quality, quantity and dependability. 9. Prior to the release of building permit, the applicant shall submit evidence of approval from the Hudson Fire Protection District to the Weld County Building Department. 10. Potential purchasers should be aware that Lots A and/or B may not be eligible for a domestic well permit which allows for outside irrigation and/or the watering of stock animals. The State Division of Water Resources issues all well permits. 11. Potential purchasers should be aware that groundwater may not meet all drinking water standards as defined by the Colorado Department of Public Health and Environment. The Weld County Department of Public Health and Environment strongly encourages well users to test their drinking water prior to consumption and periodically there after. 12. Potential purchasers should be aware that approval of this Recorded Exemption does not guarantee that well permits will be issued for the lots. Any lot may be deemed non-buildable if the lot owner is unable to obtain a well permit. The State Division of Water Resources issues all well permits. 13. 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. 14. 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. 15. 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) 16. 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) 17. Prior to the release of building permits on Lots A and B, the Lot owner shall verify with the nearest Town/City or Sanitation District to determine the location of the nearest sanitary sewer line. In accordance with the Weld County Code, if a sewer line exists within four hundred (400) feet of the property line and the sewer provider is willing to serve the proposed structure, a septic permit cannot be granted by the Weld County Department of Public Health and Environment. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. 18. 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 S areas: open views, spaciousness, wildlife, lack of city noise and congestion, and the rural atmosphere and way of life. Without neighboring farms, those features which attract urban dwellers to rural Weld County would quickly be gone forever. Agricultural users of the land should not be expected to change their long-established agricultural practices to accommodate the intrusions of urban users into a rural area. Well-run agricultural activities will generate off-site impacts, including noise from tractors and equipment; slow-moving farm vehicles on rural roads; dust from animal pens, field work, harvest and gravel roads; odor from animal confinement, silage and manure; smoke from ditch burning; flies and mosquitoes; hunting and trapping activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and fertilizers in the fields, including the use of aerial spraying. It is common practice for agricultural producers to utilize an accumulation of agricultural machinery and supplies to assist in their agricultural operations. A concentration of miscellaneous agricultural materials often produces a visual disparity between rural and urban areas of the County. Section 35-3.5-102, C.R.S., provides that an agricultural operation shall not be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs methods or practices that are commonly or reasonably associated with agricultural production. Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to assume that ditches and reservoirs may simply be moved "out of the way" of residential development. When moving to the County, property owners and residents must realize they cannot take water from irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water. Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice the size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of state and County roads outside of municipalities. The sheer magnitude of the area to be served stretches available resources. Law enforcement is based on responses to complaints more than on patrols of the County, and the distances which must be traveled may delay all emergency responses, including law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must leave their jobs and families to respond to emergencies. County gravel roads, no matter how often they are bladed, will not provide the same kind of surface expected from a paved road. Snow removal priorities mean that roads from subdivisions to arterials may not be cleared for several days after a major snowstorm. Services in rural areas, in many cases, will not be equivalent to municipal services. Rural dwellers must, by necessity, be more self-sufficient than urban dwellers. People are exposed to different hazards in the County than in an urban or suburban setting. Farm equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center pivot operations, high speed traffic, sand burs, puncture vines, territorial farm dogs and livestock, and open burning present real threats. Controlling children's activities is important, not only for their safety, but also for the protection of the farmer's livelihood 5. The applicant shall submit three (3) paper copies of the plat for preliminary approval to the Weld County Department of Planning Services. Upon approval of the paper copies the applicant shall submit a Mylar plat along with all other documentation required as conditions of approval. The Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder by Department of Planning Services Staff. The plat shall be prepared in accordance with the requirements of Section 24-8-60 of the Weld County Code. The Mylar plat and additional requirements shall be submitted within sixty (60) days from the date the Administrative Review was signed. The applicant shall be responsible for paying the recording fee. 6. In accordance with Weld County Code Ordinance 2005-7 approved June 1, 2005, should the plat not be recorded within the required sixty (60) days from the date the Administrative Review was signed a $50.00 recording continuance charge may be added for each additional 3 month period. 7. The Department of Planning Services respectfully requests the surveyor provide a digital copy of this Recorded Exemption. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles, Arclnfo Coverages and Arclnfo Export files format type is .e00. The preferred format for Images is .tif (Group 4). (Group 6 is not acceptable). This digital file may be sent to mapsco.weld.co.us. 8. The Weld County Department of Planning Staff's approval of this Recorded Exemption Application is based on satisfying the Conditions of Approval. Should an applicant be unwilling or unable to meet any one of these conditions within 60 days of approval, then this case will be forwarded to the Weld County Board of County Commissioners with a staff recommendation for denial.seedgy .Z ( Date Michelle Martin 7 Planner Ill • •POC Planner - Plat Checklist Item Comments Check heck Proper size and material 2 x 36" 15"x 24" /Minimum 3 millimeter polyester sheet Lettering Nostick-on lettering / Minimum S pt. lettering � // Boundaries of Lots � Scale Suitable Scale? 1"=20 ' 1"=100') Accesses indicated Shared Access?If so, is easement Certificate included? Roads labeled,including R0.77 Building Envelope(s) /! • 'Vicinity Map Suitable Scale? M n mum l'' =2000') ✓te'"*.'----."----- North Arrow Legal Description Notes from Planner/ Development Standards Conditions of Approval 50-- 4.51-4,6 n - ^d fk h 0 Owner's Certificate Notarial Certificate included? AB owners must sign the plat, ri.---� check the deed. Surveyor's Certificate and All surveyed plats i. e.— Surveyor's Starnp Note: USR plats do not need to be surveyed Director of Planning Notarial Certificate included? (RE, SE, SPR,Final PUD if � "....-.---. Certificate " Staff Approved) Planning Commission (USR, COZ, Minor Sub.Final) Certificate .77 Board Certificate (USR, COD„ Minor Sub Final) (Final PUD, RE, SE&ZPMH if Board approved) �� Typical Road Cross Section (COZ,Final Minor Sub. and Final PUD) Easements C� Please return the plat tot Cofec 24 hours of receiving the plat. Plnner on Call: (Ltia1 ) vV Date. Planner Signarz-e. I co a) a) LL UL as a E -o C o i O N C L_ e' o a .0 -2 co Ct o N O CD I To o J CD I C o U J C O C NICczn 0) 0 Q p CO Q o 0 CD D ( C— Q I ' O c 7 0 � � C, /1 D _ :3,4 , \ \ \ co z.� _•_ N E N a c'o 4-5 .2 a@ 6 5 cam, m a) 6 75 -- .a> L E N m m v> U cn Y m 8 co E 06 2 U C a E o a" o ° C E — n o o a> L N CD O O m @ -b CO t U O -c U L U U -a '- OM m0 a __0 O U C it o o o iii C U) = i— a) d CC W E 4t >- i a) 2 L o co a O .9 a U o U � WELD COUNTY,COLORADO°DEPARTMENT OF PLANNING SERVICE{{ S..�r 91810th STREET GREELEY,CO 80631 PHONE:970-353-6100,EXT.3540/FAX: 970-304-6498 Date:CUr. H 201L) Receipt No. € 3 J J Received From:‘;L", PE4,v�.� F ��:fr, Lt% Permit Type No. Description Fee 4221-RE/SE I L _ /My 1 4221-ZPMH 4221-USR 4221-SITE PLAN REVIEW 4221-CHANGE OF ZONE 4221-PUD 4221-MINOR/MAJOR SUB #OF BUILDABLE LOTS 4221-ADDITIONAL 30% FEE FOR SUB's 4221-RE-SUBDIVISIONS 4221-BOA 4221-FHDP/GHDP 4430-MAPS/POSTAGE 4430-COPIES 4730-INVESTIGATION FEE 6560-RECORDING FEE MISC. ❑CASH'CHECK NO.1t )12- TOTAL FEE a»-- Receipted By: ,k,yy4y DL# Exp. WELD COUNTY, COLORADO DEPARTMENT OF PLANNING SERVICES 1555 N 17Th AVENUE GREELEY,CO 80631 PHONE: 970-353-6100, EXT.3540/FAX: 970-304-6498 Date: j,' 20 Receipt No. 5 7 r Received From: , ,/ 1 Permit Type No. Description Fee 4221-RE/SE 4221-ZPMH 4221-USR 4221-SITE PLAN REVIEW 4221-CHANGE OF ZONE 4221-PUD 4221-MINOR/MAJOR SUB #OF BUILDABLE LOTS 4221-ADDITIONAL 30% FEE FOR SUB's 4221-RE-SUBDIVISIONS 4221-BOA 4221-ZPCV/ZpAS 4430-MAPS/POSTAGE 4430-COPIES 4730-INVESTIGATION FEE 6560-RECORDING FEE , ❑CASH ECHECK NO. ( ❑CREDIT CARD TOTAL FEE / Receipted By: DL# Exp. NOV-15-2010 MON 10:28 AM PUB•ING HOUSE FAX NO. 3034?„" i76 P. 01 Applause,Denver Center for the Performing Arts Programs Bravo Boulder Soundings,Colorado Symphony Orchestra Program Bravo Lakewood Opera Colorado Program and Magazine CU Concerts Programs Newman Center Presents Program Renew,Colorado"s Remodeling Magazine Boulder Philharmonic Orchestra Program cos THE snl is`iin .o•u •s • e- For 35 years The Publishing House has served Colorado as a full-service publisher and printer FAX TRANSMITTAL DATE: gilt (17 2.0/0 #OF PAGES INCLUDING G COVER 3 r 711 TO: ch e fit- FROM: & // ce- 1;2 4.•A n%•f '- COMPANY: t1iC a Co why COMPANY: CL A./ (W114 Fa 1 kr% • 144.O + Alt•14"04" PHONE: PHONE: 303-428-9529 �/ FAX: [ 2 o -3 o V- 4 7 l`9 FAX: 303-430-1676 MESSAGE: �!1 `ldu JrJ7 lii� ffip.c / kct:✓d !/ � �4 � i2w• {, �- �er C Lot sndI c filers, Q� Yap rte w // • •• ner dL G{ r re 0(f P.O.BOX 215 7380 LOWELL BLVD WESTMINSTER, CO 80036 PHONE: (303)428-9529 FAX: (303)430-1676 www.pub-house.com NOV-15-2010 MON 10:28 All PUB•ING HOUSE FAX NO. 30343676 P. 02 OPERATING AGREEMENT FOR CLAPSADDLE FARMS LLC A Colorado Limited Liability Company THIS OPERATING AGREEMENT, is made effective as of August 8, 2000, by and among the parties listed on the signature pages hereof, with reference to the following facts: A. On August 8, 2000, Articles of Organization for CLAPSADDLE FARMS LLC (the "Company"), a limited liability company under the laws of the State of Colorado, were filed with the Colorado Secretary of State. B. The parties desire to adopt and approve an operating agreement for the Company. NOW, THEREFORE, the parties (hereinafter sometimes collectively referred to as the "Members," or individually as a "Member") by this Agreement set forth the operating agreement for the Company under the laws of the State of Colorado upon the terms and subject to the conditions of this Agreement. ARTICLE 1 DEFINITIONS When used in this Agreement,the following terms shall have the meanings set forth below (all terms used in this Agreement that are not defined in this Article 1 shall have the meanings set forth elsewhere in this Agreement): 1.1 "Act" shall mean the Colorado Limited Liability Company Act, as set forth in C.R.S. § 7-80-101 et seq., as the same may be amended from time to time. 1.2 "Affiliate" shall mean any individual, partnership, corporation, trust or other entity or association, directly or indirectly,through one or more intermediaries, controlling, controlled by, or under common control with the Member, The term "control," as used in the immediately preceding sentence,means,with respect to a corporation or limited liability company the right to exercise, directly or indirectly, more than fifty percent (50%) of the voting rights attributable to the controlled corporation or limited liability company,and,with respect to any individual, partnership, trust, other entity or association, the possession, directly or indirectly, of the power to direct or cause the direction of the management or policies of the controlled entity. 1.3 "Agreement"shall mean this Operating Agreement,as originally executed and as amended from time-to-time. 06.1110 NOV-15-2010 MON 10:28 AM PUB•HING HOUSE FAX NO. 3034176 P. 03 1.4 "Articles" shall mean the Articles of Organization for the Company originally filed with the Colorado Secretary of State and as amended from time to time. 1.5 "Bankruptcy" shall mean: (a)the filing of an application by a Member for, or his or her consent to, the appointment of a trustee, receiver, or custodian of their other assets; (b)the entry of an order for relief with respect to a Member in proceedings under the United States Bankruptcy Code, as amended or superseded from time to time; (c)the making by a Member of a general assignment for the benefit of creditors; (d)the entry of an order,judgment, or decree by any court of competent jurisdiction appointing a trustee, receiver, or custodian of the assets of a Member unless the proceedings and the person appointed are dismissed within ninety (90) days; or(e)the failure by a Member generally to pay his or her debts as the debts become due within the meaning of Section 303(h)(1) of the United Stares Bankruptcy Code, as determined by the Bankruptcy Court, or the admission in writing of his or her inability to pay his or her debts as they become due. 1.6 "Capital Account" shall mean with respect to any Member the capital which the Company establishes and maintains for such Member pursuant to Section 3.3. 1.7 "Capital Contribution"shall mean the total value of cash and fair market value of property (including promissory notes or other obligation to contribute cash or property) contributed and/or services rendered or to be rendered to the Company by Members. 1.8 "Code"shall mean the Internal Revenue Code of 1986,as amended from time to time, the provisions of succeeding law, and to the extent applicable, the Regulations. 1.9 "Company" shall mean CLAPSADDLE FARMS LLC, a Colorado limited liability company. 1.10 "Company Minimum Gain" shall have the meaning ascribed to the term "Partnership Minimum Gain" in the Regulations Section 1.704-2(d). 1.11 "Dissolution Event" shall mean the unanimous written agreement of all Members to dissolve the Company, the entry of a decree of judicial dissolution of the Company or the written decision of the Initial Mangers. 1.12 "Distributable Cash" shall mean the amount of cash which the Managers deem available for distribution to the Members, taking into account all Company debts, liabilities, and obligations of the Company then due and amounts which the Managers deem necessary to place into reserves for customary and usual claims with respect to the Company's business. 1.13 "Economic Interest"shall mean a Member's or Economic Interest Owner's of one or more of the Company's Net Profits, Net Losses,and distributions of the Company's assets pursuant to this Agreement and the Act, but shall not include any other rights of a Member, including, without limitation, the right to vote or participate in the management, CB 1237 -2- NOV-15-2010 MON 10:28 AM PUB•HING HOUSE FAX NO. 3034 676 P. 04 or except as provided otherwise, any right to information concerning the business and affairs of Company. 1.14 "Economic Interest Owner"shall mean the owner of an Economic Interestwho is not a Member. 1.15 "Fiscal Year" shall mean the Company's fiscal year, which shall be the calendar year. 1.16 "Former Member" shall have the meaning ascribed to it in Section 8.1. 1.17 "Former Member's Interest' shall have the meaning ascribed to it in Section 8.1. 1.18 "Majority Interest"shall mean one or more Percentage Interests of Members which taken together exceed fifty percent (5O%) of the aggregate of all Percentage Interests. 1.19 "Manager" and "Managers" shall mean one or more managers. "Initial Manager" shall mean WILBUR E. FLACHMAN. 1.20 "Member" shall mean each Person who (a) is an initial signatory to this Agreement, has been admitted to the Company as a Member in accordance with the Articles or this Agreement or is an assignee who has become a Member in accordance with Article 7 and (b) has not resigned, withdrawn, been expelled or, if other than an individual, dissolved. 1.21 "Member Nonrecourse Debt" shall have the meaning ascribed to the term "Partner Nonrecourse Debt" in Regulations Section 1.7O4-2(b)(4). 1.22 "Member Nonrecourse Deductions" shall mean items of Company loss, deduction, or Code Section 705(a)(2)(B) expenditures which are attributable to Member Nonrecourse Debt. 1.23 "Membership Interest"shall mean a Member's entire interest in the Company including the Member's Economic Interest, the right to vote on or participate in the management, and the right to receive information concerning the business and affairs, of the Company. 1.24 "Net Profits"and"Net Losses"shall mean the income, gain, loss,deductions, and credits of the Company in the aggregate or separately stated, as appropriate, determined in accordance with generally accepted accounting principles employed under the method of accounting at the close of each fiscal year on the Company's information tax return filed for federal income tax purposes. 1.25 "Nonrecourse Liability"shall have the meaning set forth in Regulations section 1.752-1(a)(2). CB 1237 -3- NOV-15-2010 MON 10:29 All PUB•HING HOUSE FAX NO. 3034.76 P. 05 1.26 "Percentage Interest" shall mean the percentage of a Member set forth opposite the name of such Member under the column "Member's Percentage Interest" in Exhibit A hereto, as such percentage may be adjusted from time to time pursuant to the terms of this Agreement. Percentage Interests shall be determined annually, unless otherwise provided herein, in accordance with the relative proportions of the Capital Accounts of the Members, effective as of the first day of the Company's Fiscal Year. All distributions under this Agreement shall be deemed to have occurred on the day immediately prior to such determination of the Percentage Interest of a Member. 1.27 "Person" shall mean an individual, general partnership, limited partnership, limited liability company,corporation,trust,estate, real estate investment trust association or any other entity. 1.28 "Regulations"shall, unless the context clearly indicates otherwise, mean the regulations currently in force as final or temporary that have been issued by the U.S. Department of Treasury pursuant to its authority under the Code. 1.29 "Remaining Members" shall have the meaning ascribed to it in Section 8.1. 1.30 "Tax Matters Member"shall be WILBUR E. FLACHMAN, or his successor as designated pursuant to Section 9.6. ARTICLE 2 ORGANIZATIONAL MATTERS 2.1 Formation. Pursuant to the Act,the Members have formed a Colorado limited liability company under the laws of the State of Colorado by filing the Articles with the Colorado Secretary of State and entering into this Agreement. The rights and liabilities of the Members shall be determined pursuant to the Act and this Agreement. To the extent that the rights or obligations of any Member are different by reason of any provision of this Agreement than they would be in the absence of such provision, this Agreement shall, to the extent permitted by the Act, control. 2.2 Name. The name of the Company shall be "CLAPSADDLE FARMS LLC." The business of the Company may be conducted under that name or, upon compliance with applicable laws, any other name that the Managers deem appropriate or advisable. The Managers shall file any fictitious name certificates and similar findings, and any amendments hereto, that the Managers consider appropriate or advisable. 2.3 Term. The term of this Agreement shall be co-terminus with the period of duration of the Company provided in the Articles, unless extended or sooner terminated as hereinafter provided. 2.4 Office and Agent. The Company shall continuously maintain an office and registered agent in the State of Colorado as required by the Act. The principal office of the Cb-1237 -4- NOV-15-2010 MON 10:29 AM PUBBHING HOUSE FAX NO. 30346676 P. 06 Company shall be as the Managers may determine. The Company also may have such offices, anywhere with and without the State of Colorado, as the Managers from time to time may determine, or the business of the Company may require. The registered agent shall be as stated in the Articles or as otherwise determined by the Managers. 2.5 Addresses of the Members and the Managers. The respective addresses of the Members and the Managers are set forth in Exhibit A. 2.6 Purpose of Company. The purpose of the Company is to engage in any lawful activity for which a limited liability company may be organized under the Act. Notwithstanding the foregoing,without the consent of the Members,the Company shall not engage in any business other than the following: 2.6.1 Real property, general business and management thereof; 2.6.2 Ownership and operation of an equestrian center located in Weld County, Colorado. 2.6.3 Such other activities directly related to the foregoing business as may be necessary, advisable, or appropriate, in the reasonable opinion of the Managers to further the foregoing business. ARTICLE 3 CAPITAL CONTRIBUTIONS 3.1 Initial Capital Contributions. Each Member shall contribute such amount as is set forth on Exhibit A as his or her initial Capital Contribution, which Exhibit A shall be revised to reflect any additional contributions contributed in accordance with Section 3.2. 3.2 Additional Capital Contributions. No Member shall be required to make any additional Capital Contributions. If unanimously approved by the Managers and by Members who hold a Majority Interest, from time to time, the Members may be permitted to make additional Capital Contributions if and to the extent they so desire, and if the Managers determine that such additional Capital Contributions are necessary or appropriate for the conduct of the Company's business, including without limitation, expansion or diversification. In that event,the Members shall have the opportunity, but not the obligation, to participate in such additional Capital Contributions on a pro rata basis in accordance with their Percentage Interests. Immediately following such Capital Contributions, the Percentage Interests shall be adjusted by the Managers to reflect the new relative proportions of the Capital Accounts of the Members. Such adjustment, if any, to the Percentage Interests shall take into account the then current fair market value of the Company's assets as if such value were allocated to the individual Capital Accounts. The fair market value of the assets shall be determined by the Initial Managers during their tenure and thereafter by the Managers with the approval of the Members holding a Majority Interest. CB-1.2)] -5- NOV-15-2010 MON 10:29 AM PUB RING HOUSE FAX NO, 3034.676 P. 07 3.3 Capital Accounts. The Company shall establish an individual Capital Account for each Member. The Company shall determine and maintain each Capital Account in accordance with Regulations Section 1.704-1(b)(2)(iv). If a Member transfers all or a part of his or her Membership Interest in accordance with this Agreement, such Member's Capital Account attributable to the transferred Membership Interest shall carry over to the new owner of such Membership Interest pursuant to Regulations Section 1.704-1(b)(2)(iv)(1). 3.4 No Interest. No Member shall be entitled to receive any interest on his or her Capital Contributions. ARTICLE 4 MEMBERS 4.1 Limited Liability. Except as required under the Act or as expressly set forth in this Agreement, no Member shall be personally liable for any debt,obligation,or liability of the Company, whether that liability or obligation arises in contract, tort, or otherwise 4.2 Admission of Additional Members. The Managers, with the approval of the Members, may admit to the Company additional Members. Any additional Members shall obtain Membership Interests and will participate in the Net Profits, Net Losses, and distributions of the Company on such terms as are determined by the Managers and approved by the Members. Notwithstanding the foregoing, substitute Members may only be admitted in accordance with Article 7. 4.3 Termination of Membership Interest. Upon the transfer of a Member's Membership Interest in violation of this Agreement or the withdrawal of a Member, the Membership Interest of a Member shall be terminated by the Managers or such Membership Interest shall be purchased by the Company or the remaining Members as provided herein. Each Member acknowledges and agrees that such termination or purchase of a Membership Interest upon the occurrence of any of the foregoing events is not unreasonable under the circumstances existing as of the date hereof. 4.4 Transactions With The Company. Subject to any limitations set forth in this Agreement and with the prior approval of the Managers after full disclosure of the Member's involvement,a Member may lend money to and transact other business with the Company. Subject to over applicable law, such Member has the same rights and obligations with respect thereto as a Person who is not a Member. 4.5 Remuneration Members. Except as otherwise authorized in, or pursuant to, this Agreement,no Member is entitled to remuneration for acting in the Company business, subject to the entitlement of Managers and Members winding up the affairs of the Company to reasonable compensation pursuant to Section 10.5. O5.1237 -6- NOV-15-2010 MON 10:29 AM PUBBHING HOUSE FAX NO. 3034.676 P. 08 4.6 Members Are Not Agents. Pursuant to Section 5.1 and the Articles, the management of the Company is vested in the Managers. No Member, acting solely in the capacity of a Member, is an agent of the Company nor can any Member in such capacity bind nor execute any instrument on behalf of the Company. 4.7 Voting Rights. Except as expressly provided in this Agreement, Members shall have no voting, approval or consent rights. Members shall have the right to approve or disapprove matters as specifically stated in this Agreement, including the following: 4.7.1 Unanimous Approval. The following matters shall require the unanimous vote, approval or consent of all Members who are not the subject of a Dissolution Event or an assignor of a Membership Interest: 4.7.1.1 A decision to dissolve the Company. 4.7.1.2 Except as provided in Section 7.4, the transfer of a Membership Interest and admission of the assignee as a Member of the Company. 4.7.1.3 Any amendment of the Articles or this Agreement. 4.7.1.4 A decision to compromise the obligation of a Member to return money or property paid or distributed in violation of the Act. 4.7.1.5 Admission of a new Member. 4.7.2 Approval by Members Holding a Majority Interest. Except as set forth in Section 5.3.2 in all other matters in which a vote, approval or consent of the Members is required, a vote, consent or approval of Members holding a Majority Interest(or, in an instance in which there are defaulting members, non-defaulting Members who hold a majority of the Percentage Interests held by all non-defaulting Members)shall be sufficient to authorize or approve such act. 4.7.3 Other Voting Rights. In addition to the rights granted in Section 4.7.1, Members may vote, consent or approve to the extent and on the terms provided in this Agreement with respect to matters addressed in the following Sections: 4.7.3.1 Section 3.2 on additional Capital Contributions; 4.7.3.2 Section 4.2 on admission of new Members, 4.7.3.3 Section 5.2 on election and removal of a Manager; 4.7.3.4 Section 5.3.2 on a change in the purpose of the Company; 4.7.3.5 Section 5.3.2 on reorganization of the Company; CB 1237 a- NOV-15-2010 MON 10:29 AM PU•HING HOUSE FAX NO. 3034.676 P. 09 4.7.3.6 Section 5.3.2 on other limitations on the Managers' authority; 4.7.3.7 Section 5.8 on transactions with the Managers and Affiliates of the Managers; 4.7.3.8 Section 5.9.1 on Management Fees payable to Managers; and 4.7.3.9 Section 10.1 on dissolving the Company. 4.8 Meetings of Members. 4.8.1 Date, Time and Place of Meetings of Members. Meetings of Members may be held at such date,time and place within or without the State of Colorado as the Managers may fix from time to time, or if there are two or more Managers and they are unable to agree to such time and place, Members holding a Majority Interest shall determine the time and place. No annual or regular meetings of Members is required. At any Members'meeting,the Managers shall appoint a person to preside at the meeting and a person to act as secretary of the meeting. The secretary of the meeting shall prepare minutes of the meeting which shall be placed in the minute books of the Company. 4.8.2 Power to Call Meetings. Unless otherwise prescribed by the Act or by the Articles, meetings of the Members may be called by any Manager, or upon written demand of Members holding more than ten percent(10%) of the Percentage Interests for the purpose of addressing any matters on which the Members may vote. 4.8.3 Notice of Meeting. Written notice of a meeting of Members shall be sent or otherwise given to each Member in accordance with Section 4.8.4 not less than ten (10) nor more than fifty(50) days before the date of the meeting. The notice shall specify the place, date and hour of the meeting and the general nature of the business to be transacted. No other business may be transacted at this meeting. Upon written request to a Manager by any person entitled to call a meeting of Members, the Managers shall immediately cause notice to be given to the Members entitled to vote that a meeting will be held at a time requested by the person calling the meeting, not less than ten (10) days nor more than fifty(50)days after the receipt of the request. If the notice is not given within twenty(20)days after the receipt of the request,the person entitled to call the meeting may give the notice. 4.8.4 Manner of Giving Notice: Affidavit of Notice. Notice of any meeting of Members shall be given either personally, by facsimile, or by first-class mail or telegraphic or other written communication,charges prepaid,addressed to the Member at the address or fax number of that Member appearing on the books of the Company or given by the Member to the Company for the purpose of notice. If no such address or fax number appears on the Company's books or is given, notice shall be deemed to have been given if sent to that Member by first-class mail or telegraphic or overwritten communication Ca.1237 -2- NOV-15-2010 MON 10 30 AN PUGHING HOUSE FAX NO. 30346676 P. 10 to the Company's principal executive office, or if published at least once in a newspaper of general circulation in the county where that office is located. Notice shall be deemed to have been given at the time when delivered personally, by facsimile confirmed as received, or deposited in the mail or sent by telegram or other means of written communications. If any notice addressed to a Member at the address of that Member appearing on the books of the Company is returned to the Company by the United States Postal Service marked to indicate that the United States Postal Service is unable to deliver the notice to the Member at that address, all future notices or reports shall be deemed to have been duly given without further mailing if these shall be available to the Member on written demand of the Member at the principal executive office of the Company for a period of one year from the date of the giving of the notice. An affidavit of the mailing or other means of giving any notice of any meeting shall be executed by a Manager or any secretary, assistant secretary, or any transfer agent of the Company giving the notice, and shall be filed and maintained in the minute book of the Company. 4.8.5 Validity of Action. Any action approved at a meeting, other than by unanimous approval of those entitled to vote, shall be valid only if the general nature of the proposal so approved was stated in the notice of meeting or in any written waiver of notice. 4.8.6 Quorum. The presence in person or by proxy of the holders of a Majority Interest shall constitute a quorum at a meeting of Members. The Members present at a duly called or held meeting at which a quorum is present may continue to do business until adjournment, notwithstanding the loss of a quorum, if any action taken after loss of a quorum (other than adjournment) is approved by at least Members holding a Majority Interest. 4.8.7 Adjourned Meeting: Notice. Any Member's meeting, whether or not a quorum is present, may be adjourned from time to time by the vote of the majority of the Membership Interests represented at that meeting, either in person or by proxy, but in the absence of a quorum, no other business may be transacted at that meeting, except as provided in Section 4.8.6. When any meeting of Members is adjourned to another time or place, notice need not be given of the adjourned meeting if the time and place are announced at a meeting at which the adjournment is taken, unless a new record date for the adjourned meeting is subsequently fixed, or unless the adjournment is for more;than thirty(30)days from the date set for the original meeting, in which case the Managers shall set a new record date. At any adjourned meeting the Company may transact any business which might have been transacted at the original meeting. 4.8.8 Waiver of Notice or Consent. The actions taken at any meeting of Members however called and noticed, and wherever held, have the same validity as if taken at a meeting duly held after regular call and notice, if a quorum is present either in person or by proxy, and if, either before or after the meeting, each of the Members entitled to vote, who was not present in person or by proxy, signs a written waiver of notice or consents to the holding of the meeting or approves the minutes of the meeting. All such CB 1237 NOV-15-2010 MON 10:30 AM PUGHING HOUSE FAX NO. 3034.676 P. 11 waivers, consents or approvals shall be filed with the Company records or made a part of the minutes of the meeting. Attendance of a person at a meeting shall constitute a waiver of notice of that meeting, except when the person objects, at the beginning of the meeting, to the transaction of any business because the meeting is not lawfully called or convened, and except that attendance at a meeting is not a waiver of any right to object to the consideration of matters not included in the notice of the meeting if that objection is expressly made at the meeting. Neither the business to be transacted nor the purpose of any meeting of Members need be specified in any written waiver of notice except as provided in Section 4.8.5. 4.8.9 Action by Written Consent Without a Meeting. Any action that may be taken at a meeting of Members may be taken without a meeting, if a consent in writing setting forth the action so taken, is signed and delivered to the Company within sixty (60) days of the record date for that action by Members having not less than the minimum number of votes that would be necessary to authorize or take that action at a meeting at which all Members entitled to vote on that action at a meeting were present and voted. All such consents shall be filed with the Managers or the secretary, if any, of the Company and shall be maintained in the Company records: Any Member giving a written consent, or the Member's proxy holders, may revoke the consent by a writing received by the Managers or secretary, if any, of the Company before written consents of the number of votes required to authorize the proposed action have been filed. Unless the consents of all Members entitled to vote have been solicited in writing, (i) notice of any Member approval of an amendment to the Articles or this Agreement, a dissolution of the Company, or a merger of the Company, without a meeting by less than unanimous written consent,shall be given at least ten(10)days before the consummation of the action authorized by such approval,and (ii)prompt notice shall be given of the taking of any other action approved by Members without a meeting by less than unanimous written consent, to those Members entitled to vote who have not consented in writing. 4.8.10 Telephonic Participation by Member at Meetings. Members may participate in any Members' meeting through the use of any means of conference telephones or similar communications equipment as long as all Members participating can hear one another. A Member so participating is deemed to be present in person at the meeting. 4.8.11 Record Date. In order that the Company may determine the Members of record entitled to notices of any meeting or to vote, or entitled to receive any distribution or to exercise any rights in respect of any distribution or to exercise any rights in respect of any other lawful action, a Manager, or Members representing more than ten percent (10%) of the Percentage Interests may fix, in advance, a record date, that is not more than fifty (50) days nor less than ten (10) days prior to the date of the meeting and not more than fifty (50) days prior to any other action. If no record date is fixed: CH 3.237 "10- NOV-15-2010 MON 10:30 AM PU HING HOUSE FAX NO. 30346676 P. 12 4.8.11.1 The record date for determining Members entitled to notice of or to vote at a meeting of Members shall be at the close of business on the business day next preceding the day on which notice is given or, if notice is waived, at the close of business on the business day next preceding the day on which the meeting is held. 4.8.11.2 The record date for determining Members entitled to give consent to Company action in writing without a meeting shall be the day on which the first written consent is given. 4.8.11.3 The record date for determining Members for any other purpose shall be at the close of business on the day on which the Managers adopt the resolution relating thereto, or the 50th day prior to the date of the other action, whichever is later. 4.8.11.4 The determination of Members of record entitled to notice of or to vote at a meeting of Members shall apply to any adjournment of the meeting unless a Manager or the Members who called the meeting fix a new record date for the adjourned meeting, but the Manager or the Members who called the meeting shall fix a new record date if the meeting is adjourned for more than 45 days from the date set for the original meeting. 4.8.12 Proxies. Every Member entitled to vote for Managers or on any other matter shall have the right to do so either in person or by one or more agents authorized by a written proxy signed by the person and filed with the Managers or secretary, if any, of the Company. A proxy shall be deemed signed if the Member's name is placed on the proxy (whether by manual signature, typewriting, telegraphic transmission, electronic transmission or otherwise) by the Member or the Member's attorney in fact. A proxy may be transmitted by an oral telephonic transmission if it is submitted with information from which it may be determined that the proxy was authorized by the Member or the Member's attorney in fact. A validly executed proxy which does not state that it is irrevocable shall continue in full force and effect unless (i) revoked by the person executing it, before the vote pursuant to that proxy, by a writing delivered to the Company stating that the proxy is revoked, or by a subsequent proxy executed by,or attendance at the meeting and voting in person by,the person executing the proxy;or(ii)written notice of the death or incapacity of the maker of that proxy is received by the Company before the vote pursuant to that proxy is counted; provided, however, that no proxy shall be valid after the expiration of eleven (11)months from the date of the proxy,unless otherwise provided in the proxy. The revocability of a proxy that states on its face that it is irrevocable shall be governed as such. CB 1237 -11- NOV-15-2010 MON 10:30 AN PUSHING HOUSE FAX NO. 30346676 P. 13 ARTICLE 5 MANAGEMENT AND CONTROL OF THE COMPANY 5.1 Management of the Company by Managers. 5.1.1 The business,property and affairs of the Company shall be managed exclusively under the direction and control of the Manager. The Initial Manager of the Company shall be WILBUR E. FLACHMAN. Except for situations in which the approval of the Members is expressly required by the Articles or this Agreement and the Act, the Initial Manager shall have full, complete and exclusive authority, power, and discretion to manage and control the business, property and affairs of the Company, to make all decisions regarding those matters and to perform any and all other acts or activities customary or incident to the management of the Company's business,property and affairs. 5.1.2 All powers of the Company shall be exercised by or under the authority of the Manager. Decisions of the Manager within his scope of authority shall be binding upon the Company and each Member. 5.1.3 Meetings of the Managers shall be held at the principal place of business of the Company or at any other place that the Managers determine. In the alternative, meetings may be held by conference telephone. Meetings shall be held once each month, or otherwise in accordance with a schedule established by the Managers. Minutes of each meeting and a record of each decision shall be kept by the designee of the Managers and shall be given to the Members of the Company promptly after the meeting. 5.1.4 Decisions of the Managers not taken at a duly held meeting shall require unanimous written approval. 5.1.5 The provisions contained in this Section 5.1 supersede any authority granted to the Members. Any Member who takes any action or binds the Company in violation of this Section 5.1 shall be solely responsible for any loss and expense incurred as a result of the unauthorized action and shall indemnify and hold the Company harmless with respect to the loss or expense. 5.1.6 Subject to Section 5.3.2,any Manager,acting alone, is authorized to endorse checks, drafts, and other evidences of indebtedness made payable to the order of the Company, but only for the purpose of deposit into the Company's accounts. All checks,drafts,and other instruments obligating the Company to pay money may be signed by any one Manager, acting alone. Any Manager shall be authorized to sign contracts and obligations on behalf of the Company. CI-1237 -12- NOV-15-2010 MON 10:30 AM PUB HING HOUSE FAX NO. 3034.676 P. 14 5.2 Election of Managers. 5.2.1 Number. Term, and Qualifications. The Company shall initially have one(1)Manager. Thereafter,the number of Managers of the Company shall be fixed from time to time by the affirmative vote or written consent of Members holding a Majority Interest, provided that in no instance shall there be less than one Manager. Unless he or she resigns or is removed, each successor Manager shall hold office until a successor shall have been elected and qualified. Successor Managers shall be elected by the affirmative vote or written consent of Members holding a Majority Interest. A Manager need not be a Member, an individual,a resident of the State of Colorado,or a citizen of the United States. 5.2.2 Resignation. Any Manager may resign at any time by giving written notice to the Members and remaining Managers without prejudice to the rights, if any, of the Company under any contract to which the Manager is a party. The resignation of any Manager shall take effect upon receipt of that notice or at such later time as shall be specified in the notice; and, unless otherwise specified in the notice,the acceptance of the resignation shall not be necessary to make it effective. The resignation of a Manager who is also a Member shall not affect the Manager's rights as a Member and shall not constitute a withdrawal of a Member 5.2.3 Removal. All or any lesser number of successor Managers, but not the Initial Manager named herein, may be removed at any time, with or without cause, by the affirmative vote of Members holding a Majority Interest at a meeting called expressly for that purpose,or by the written consent of the Members holding a Majority Interest. Any removal shall be without prejudice to the rights, if any, of the Manager under any employment contract and, if the Manager is also a Member, shall not affect the Managers rights as a Member or constitute a withdrawal of a Member. 5.2.4 Vacancies. Any vacancy occurring for any reason in the number of Managers may be filled by the affirmative vote or written consent of Members holding a Majority Interest. 5.3 Powers of Managers. 5.3.1 Powers of Managers. Without limiting the generality of Section 5.1, but subject to Section 5.3.2 and to the express limitations set forth elsewhere in this Agreement, the Managers shall have all necessary powers to manage and carry out the purposes, business,property,and affairs of the Company, including,without limitation,the power to exercise on behalf and in the name of the Company all of the powers described in the Act. 5.3.2 Limitations on Power of Managers. The Managers shall not have authority hereunder to cause the Company to engage in the following transactions without first obtaining the affirmative vote or written consent of a Majority Interest (or such greater Percentage Interests set forth below) of the Members: CB-,7„ -13- NOV-15-2010 MON 10 31 AM PION ING HOUSE FAX NO, 30346676 P. 15 5.3.2.1 The sale, exchange or other disposition of all, or substantially all, the Company's assets occurring as part of a single transaction or plan, or in multiple transactions over a twelve (12) month period, except in the orderly liquidation and winding up of the business of the Company upon its duly authorized dissolution, shall require the affirmative vote or written consent of all Members. 5.3.2.2 The merger of the Company with another limited liability company or limited partnership shall require the affirmative vote or written consent of all Members; provided in no event shall a Member be required to become a general partner in a merger with a limited partnership without his or her express written consent or unless the agreement of merger provides each Member with the dissenter's rights described in the Act. 5.3.2.3 The merger of the Company with a corporation or a general partnership or other Person shall require the affirmative vote or written consent of all Members. 5.3.2.4 The establishment of different classes of Members. 5.3.2.5. An alteration of the primary purpose of the Company as set forth in Section 2.6. 5.3.2.6 The lending of money by the Company to any Manager or Member. 5.3.2.7 Any act which would make it impossible to carry on the ordinary business of the Company. 5.3.2.8 The confession of a judgment against the Company. 5.3.2.9 Any other transaction described in this Agreement as requiring the vote, consent, or approval of the Members. 5.4 Members Have no Managerial Authority. The Members shall have no power to participate in the management of the Company except as expressly authorized by this Agreement or the Articles and except as expressly required by the Act. Unless expressly and duly authorized in writing to do so by a Manager or Managers, no Member shall have any power or authority to bind or act on behalf of the Company in any way, to pledge its credit, or to render it liable for any purpose 5.5 Performance of Duties: Liability of Managers. A Manager shall not be liable to the Company or to any Member for any loss or damage sustained by the Company or any Member, unless the loss or damage shall have been the result of fraud, deceit, gross negligence, reckless or intentional misconduct, or a knowing violation of law by the Manager. The Managers shall perform their managerial duties in good faith, in a manner they reasonably believe to be in the best interests of the Company and its Members, and CG-1237 -14- NOV-15-2010 MON 10:31 AN PU•HING HOUSE FAX NO. 3034.676 P. 16 with such care, including reasonable inquiry, as an ordinary prudent person in a like position would use under similar circumstances. A Manager who so performs the duties of Manager shall not have any liability by reason of being or having been a Manager of the Company. In performing their duties,the Managers shall be entitled to rely on information, opinions, reports, or statements, including financial statements and other financial data, of the following persons or groups unless they have knowledge concerning the manner in question that would cause such reliance to be unwarranted and provided that the Managers act in good faith and after reasonable inquiry when the need therefor is indicated by the circumstances: 5.5.1 one or more officers, employees or other agents of the Company whom the Managers reasonably believe to be reliable and competent in the matters presented; 5.5.2 any attorney, independent accountant,or other person as to matters which the Managers reasonably believe to be within such person's professional or expert competence; or 5.5.3 a committee upon which the Managers do not serve,duly designated in accordance with a provision of the Articles or this Agreement, as to matters within its designated authority, which committee the Managers reasonably believe to merit competence. 5.6 Devotion of Time, The Managers are not obligated to devote all of their time or business efforts to the affairs of the Company. The Managers shall devote whatever time, effort, and skill as they deem appropriate for the operation of the Company. 5.7 Competing Activities. The Managers may engage or invest in,independently or with others, any business activity of any type or description, including without limitation those that might be the same as or similar to the Company's business and that might be in direct or indirect competition with the Company. Neither the Company nor any Member shall have any right in or to such other ventures or activities or to the income or proceeds derived therefrom. The Managers shall not be obligated to present any investment opportunity or prospective economic advantage to the Company, even if the opportunity is of the character that, if presented to the Company, could be taken by the Company. The Managers shall have the right to hold any investment opportunity or prospective economic advantage for their own account or to recommend such opportunity to Persons other than the Company. The Members hereby waive any and all rights and claims which they may otherwise have against the Managers as a result of any of such activities. 5.8 Transactions between the Company and the Managers. Notwithstanding that it may constitute a conflict of interest,the Managers may, and may cause their Affiliates to, engage in any transaction (including, without limitation, the purchase, sale, lease, or exchange of any property or the rendering of any service, or the establishment of any salary, other compensation, or other terms of employment)with the Company so long as such transaction is not expressly prohibited by this Agreement and so long as the terms c9-3237 -15- . NOV-15-2010 MON 10:31 AM PU ING HOUSE FAX NO. 30341176 P. 17 and conditions of such transaction, on an overall basis, are fair and reasonable to the Company and are at least as favorable to the Company as those that are generally available from Persons capable of similarly performing them and in similar transactions between parties operating at arm's length,and provided that in all cases involving Affiliates of any Manager other than the Initial Managers, a Majority Interest of the Members having no interest in such transaction (other than their interests as Members)affirmatively vote or consent in writing to approve the transaction. A transaction between the Managers and/or their Affiliates,on the one hand,and the Company,on the other hand,shall be conclusively determined to constitute a transaction on terms and conditions, on an overall basis, fair and reasonable to the Company and at least as favorable to the Company as those generally available in a similartransaction between parties operating at arm's length if such transaction involves an Affiliate of the Initial Managers or if a Majority Interest of the Members having no interest in such transaction (other than their interests as Members) affirmatively vote or consent in writing to approve the transaction. 5.9 Payments to Managers. Except as specified in this Agreement, no Manager or Affiliate of a Manager is entitled to remuneration for services rendered or goods provided to the Company in their capacity as Managers. The Managers and their Affiliates shall receive only the following payments: 5.9.1 Employment Agreement. The compensation of the Managers and other benefits shall be as set forth in a written employment agreement executed by the Managers and the Company subject to the approval of the Members holding a Majority Interest. 5.9.2 Services Performed by Managers or Affiliates. The Company shall pay the Managers or Affiliates of the Managers for services rendered or goods provided to the Company to the extent that the Managers are not required to render such services or goods themselves without charge to the Company, and to the extent that the fees paid to such Managers or Affiliates do not exceed the fees that would be payable to an independent responsible third party that is willing to perform such services or provide such goods. 5.9.3 Expenses. The Company shall reimburse the Managers and their Affiliates for the actual cost of goods and materials used for or by the Company. The Company shall also pay or reimburse the Managers or their Affiliates for organizational expenses (including, without limitation, legal and accounting fees and costs) incurred to form the Company and prepare the Articles and this Agreement. Except as otherwise provided herein,the Managers and their Affiliates shall not be reimbursed by the Company for the following expenses: (i) salaries, compensation or fringe benefits of directors, of officers or employees of the Managers or their Affiliates; (ii)and the cost of providing any service or goods for which the Managers or their Affiliates are entitled to compensation under this Agreement. 5.10 Acts of Managers as Conclusive Evidence of Authority. Any note, mortgage, evidence of indebtedness,contract,certificate,statement,conveyance,or other instrument CB-1J37 -16- NOV-15-2010 MON 10:31 AM PUSHING HOUSE FAX NO. 3034,676 P. 18 in writing, and any assignment or endorsement thereof, executed or entered into between the Company and any other person, when signed by the Initial Managers or at least two other Managers is not invalidated as to the Company by any lack of authority of the signing Managers in the absence of actual knowledge on the part of the other person that the signing Managers had no authority to execute the same. ARTICLE 6 ALLOCATIONS OF NET PROFITS AND NET LOSSES AND DISTRIBUTIONS 6.1 Allocations of Net Profit and Net Loss. 6.1.1 Net Loss. Net Loss shall be allocated to the Members in proportion to their Percentage Interests. Notwithstanding the previous sentence, loss allocations to a Member shall be made only to the extent that such loss allocation will not create a deficit Capital Account balance for that Member in excess of an amount, if any, equal to such Member's share of Company Minimum Gain that would be realized on a foreclosure of the Company's property. Any loss not allocated to a Member because of the foregoing provision shall be allocated to the other Members(to the extent the other Members are not limited in respect of the allocation of losses under this Section 6.1.1). Any loss reallocated under this Section 6.1.1. shall be taken into account in computing subsequent allocations of income and losses pursuant to this Article 6, so that the net amount of any item so allocated and the income and losses allocated to each Member pursuant to this Article 6, to the extent possible, shall be equal to the net amount that would have been allocated to each such Member pursuant to this Article 6 if no reallocation of losses had occurred under this Section 6.1.1. 6.1.2 Net Profit. Net Profit shall be allocated to the Members in proportion to their Percentage Interests. 6.2 Special Allocations. 6.2.1 Minimum Gain Chargeback. Notwithstanding Section 6.1, if there is a net decrease in Company Minimum Gain during any Fiscal Year, each Member shall be specially allocated items of Company income and gain for such Fiscal Year (and, if necessary,in subsequent fiscal years)in an amount equal to the portion of such Member's share of the net decrease in Company Minimum Gain that is allocable to the disposition of Company property subject to a Nonrecourse Liability,which share of such net decrease shall be determined in accordance with Regulations Section 1.704-2(g)(2). Allocations pursuant to this Section 6.2.1 shall be made in proportion to the amounts required to be allocated to each Member under this Section 6.2.1. The items to be so allocated shall be determined in accordance with Regulations Section 1.704-2(f). This Section 6.2.1 is intended to comply with the minimum gain chargeback requirement contained in Regulations Section 1.704-2(f) and shall be interpreted consistently therewith. -17- NOV-15-2010 MON 10 32 AM PUB•HING HOUSE FAX NO. 30344178 P. 19 6.2.2 Chargeback of Minimum Gain Attributable to Member Nonrecourse Debt. Notwithstanding Section 6.1 of this Agreement, if there is a net decrease in Company Minimum Gain attributable to a Member Nonrecourse Debt, during any Fiscal year, each member who has a share of the Company Minimum Gain attributable to such Member Nonrecourse Debt (which share shall be determined in accordance witch Regulations Section 1.704-2(i)(5))shall be specially allocated items of Company income and gain for such Fiscal Year(and, if necessary, in subsequent Fiscal Years)in an amount equal to that portion of such Member's share of the net decrease in Company Minimum Gain attributable to such Member Nonrecourse Debt that is allocable to the disposition of Company property subject to such Member Nonrecourse Debt (which share of such net decrease shall be determined in accordance with Regulations Section 1.704-2(i)(5)). Allocations pursuant to this Section 6.2.2 shall be made in proportion to the amounts required to be allocated to each Member under this Section 6.2.2. The items to be so allocated shall be determined in accordance with Regulations Section 1.7042(i)(4). This Section 6.2.2 is intended to comply with the minimum gain chargeback requirement contained in Regulations Section 1.704-2(i)(4) and shall be interpreted consistently therewith. 6.2.3 Nonrecourse Deductions. Notwithstanding Section 6.1, any nonrecourse deductions (as defined in Regulations Section 1.704-2(b)(1))for any Fiscal Year or other period shall be specially allocated to the Members in proportion to their Percentage Interests. 6.2.4 Member Nonrecourse Deductions. Notwithstanding Section 6.1, those items of Company loss,deduction,or Code Section 705(a)(2)(B)expenditures which are attributable to Member Nonrecourse Debt for any Fiscal Year or other period shall be specially allocated to the Member who bears the economic risk of loss with respect to the Member Nonrecourse Debt to which such items are attributable in accordance with Regulations Section 1.704-2(i). 6.2.5 Qualified Income Offset. Notwithstanding Section 6.1, if a Member unexpectedly receives any adjustments, allocations, or distributions described in Regulations Section 1.704-l(b)(2)(ii)(d)(4), (5) or (6), or any other event creates a deficit balance in such Member's Capital Account in excess of such Member's share of Company Minimum Gain, items of Company income and gain shall be specially allocated to such Member in an amount and manner sufficient to eliminate such excess deficit balance as quickly as possible. Any special allocations of items of income and gain pursuant to this Section 6.2.5 shall be taken into account in computing subsequent allocations of income and gain pursuant to this Article 6 so that the net amount of any item so allocated and the income, gain, and losses allocated to each Member pursuant to this Article 6 to the extent possible, shall be equal to the net amount that would have been allocated to each such Member pursuant to the provisions of this Section 6.2.5 if such unexpected adjustments, allocations, or distributions had not occurred. 6.3 Code Section 704(c)Allocations. Notwithstanding any other provision in this Article 6, in accordance with Code Section 704(c) and the Regulations promulgated C9-131, -18- NOV-15-2010 MON 10:32 AM PU•HING HOUSE FAX NO. 3034.76 P. 20 thereunder, income, gain, loss, and deduction with respect to any property contributed to the capital of the Company shall, solely for tax purposes,be allocated among the Members so as to take account of any variation between the adjusted basis of such property to the Company for federal income tax purposes and its fair market value on the date of contribution. Allocations pursuant to this Section 6.3 are solely for purposes of federal, state and local taxes. As such, they shall not affect or in any way be taken into account in computing a Member's Capital Account or share of profits, losses, or other items of distributions pursuant to any provision of this Agreement. 6.4 Allocation of Net Profits and Losses and Distributions in Respect of a Transferred Interest. If any Membership Interest is transferred, or is increased or decreased by reason of the admission of a new Member or otherwise, during any Fiscal Year of the Company,each item of income,gain, loss,deduction,or credit of the Company for such Fiscal Year shall be assigned pro rata to each day in the particular period of such fiscal year to which such item is attributable (i.e., the day on or during which it is accrued or otherwise incurred)and the amount of each such item so assigned to any such day shall be allocated to the Member based upon his or her respective Membership Interest at the close of such day. However,for the purpose of accounting convenience and simplicity,the Company shall treat a transfer of, or an increase or decrease in, a Membership Interest which occurs at anytime during a semi-monthly period(commencing with the semi-monthly period including the date hereof) as having been consummated on the last day of such semi-monthly period, regardless of when during such semi=monthly period such transfer, increase, or decrease actually occurs (i.e., sales and dispositions made during the first fifteen (15) days of any month will be deemed to have been made on the 15th day of the month). Notwithstanding any provision above to the contrary, gain or loss of the Company realized in connection with a sale or other disposition of any of the assets of the Company shall be allocated solely to the parties owning Membership Interests as of the date such sale or other disposition occurs. 6.5 Distribution of Assets by the Company. Subject to applicable law and any limitations contained elsewhere in this Agreement, the Managers may elect from time to time to distribute Distributable Cash to the Members, which distributions shall be in the following order of priority: 6.5.1 To the Members in proportion to their unretumed Capital Contributions until each Member has recovered his or her Capital Contributions; and 6.5.2 To the Members in proportion to their Percentage Interests. Notwithstanding the aforementioned to the contrary,the Managers shall distribute annually an amount of Distributable Cash sufficient to pay federal, state and local taxes, if any, attributed to the Members for profits of the Company for such year which distribution shall be determined by utilizing the highest tax rate of any individual Member for such year. All such distributions shall be made only to the Persons who, according to the books and records of the Company, are the holders of record of the Economic Interests in respect of C9-Ill, -19- NOV-15-2010 MON 1032 AM PU•HING HOUSE FAX NO. 303.676 P. 21 which such distributions are made on the actual date of distribution. Neither the Company nor any Manager shall incur any liability for making distributions in accordance with this Section 6.5. 6.6 Form of Distribution. A Member, regardless of the nature of the Member's Capital Contribution, has no right to demand and receive any distribution from the Company in any form other than money, no Member may be compelled to accept from the Company a distribution of any asset in kind in lieu of a proportionate distribution of money being made to other Members. Except upon a dissolution and the winding up of the Company, no Member may be compelled to accept a distribution of any asset in kind. 6.7 Obligations of Members to Report Allocations. The Members are aware of the income tax consequences of the allocations made by this Article 6 and hereby agree to be bound by the provisions of this Article 6 in reporting their shares of Company income and loss for income tax purposes. ARTICLE 7 TRANSFER AND ASSIGNMENT OF INTERESTS 7.1 Transfer and Assignment of Interests. No Member shall be entitled to transfer, assign, convey, sell, encumber or in any way alienate all or any part of his or her Membership Interest except with the prior written consent of the Initial Manager or when other Managers are serving, without the prior written consent of a majority of the Managers, which consent may be given or withheld, conditioned or delayed (as allowed by this Agreement or the Act), as the Initial Manager or other Managers may determine in their sole discretion. Transfers in violation of this Article 7 shall only be effective to the extent set forth in Section 7.7. After the consummation of any transfer, any part of a Membership Interest so transferred shall continue to be subject to the terms and provisions of this Agreement and any further transfers shall be required to comply with all the terms and provisions of this Agreement. 7.2 Further Restrictions on Transfer of Interests. In addition to other restrictions found in this Agreement, no Member shall transfer, assign, convey, sell, encumber or in any way alienate all or any part of his or her Membership Interest if the Membership Interest to be transferred,assigned, sold or exchanged,when added to the total of all other Membership Interests sold or exchanged in the preceding twelve(12)consecutive months prior thereto,would cause the termination of the Company underthe Code,as determined by the Managers. Notwithstanding anything in this Agreement to the contrary, no Membership Interest shall be owned by any person or entity pursuant to any form of involuntary transfer, including, but not limited to, an action for dissolution of marriage or legal separation of spouses, or any property settlement or decree in connection therewith. In the event of such an involuntary transfer,the Member owning such Membership Interest shall be considered a Withdrawing Member and his or her Membership Interest shall be purchased according to the terms and conditions of Article 8 of this Operating Agreement. -20- CB.uw NOV-15-2010 MON 10 32 AM PUBL.ING HOUSE FAX NO, 3034306 P. 22 7.3 Substitution of Members. A transferee of Membership Interest shall have the right to become a substitute Member only if (i) the requirements of Sections 7.1 and 7.2 relating to consent of Managers, securities and tax requirements hereof are met, (ii) such Person executes an instrument satisfactory to the Managers accepting and adopting the terms and provisions of this Agreement, and (iii) such person pays any reasonable expenses in connection with his or her admission as a new Member. The admission of a substitute Member shall not result in the release of the Member who assigned the Membership Interest from any liability that such Member may have to the Company. 7.4 Family and Affiliate Transfers. The Membership Interest of any Member may be transferred subject to compliance with Section 7.2, and without the consent of the Managers except the Initial Manager during their tenure, by the Member(i) by inter vivos gift or by testamentary transfer to any spouse, parent, sibling, in-law, child or grandchild of the Member, or (ii) to any Affiliate of the Member. 7.5 Effective Date of Permitted Transfers. Any permitted transfer of all or any portion of a Membership Interest shall be effective following the date upon which the requirements of Sections 7.1,7.2 and 7.3 have been met. The Managers shall provide the Members with written notice of such transfer as promptly as possible after the requirements of Sections 7.1,7.2 and 7.3 have been met. Any transferee of a Membership Interest shall take subject to the restrictions on transfer imposed by this Agreement. 7.6 Rights of Legal Representatives. If a Member who is an individual dies or is adjudged by a court of competent jurisdiction to be incompetent to manage the Member's person or property, the Member's executor, administrator, guardian, conservator, or other legal representative may exercise all of the Member's rights for the purpose of settling the Member's estate or administering the Member's property,including any power the Member has under the Articles or this Agreement to give an assignee the right to become a Member. If a Member is a corporation,trust, or other entity and is dissolved or terminated, the powers of that Member may be exercised by his or her legal representative or successor. 7.7 No Effect to Transfers in Violation of Agreement. Upon any transfer of a Membership Interest in violation of this Article 7,the transferee shall have no right to vote or participate in the management of the business, property and affairs of the Company or to exercise any rights of a Member. Such transferee shall only be entitled to become an Economic Interest Owner and thereafter shall only receive the share of the Company Net Profits, Net Losses and distributions of the Company's assets to which the transferor of such Economic Interest would otherwise be entitled. Notwithstanding the immediately preceding sentences, if, in the determination of the Managers, a transfer in violation of this Article 7 would cause the termination of the Company under the Code, in the sole discretion of the Managers,the transfer shall be null and void and the purported transferee shall not become either a Member or an Economic Interest Owner. 7.8 Right of First Refusal. Each time a Member proposes to transfer, assign, convey, sell, encumber or in any way alienate all or any part of his or her Membership ce.ia» -21- NOV-15-2010 MON 10:33 All PUBL•NG HOUSE FAX NO. 30343.6 P. 23 Interest(or as required by operation of law or other involuntary transfer to do so)other than pursuant to Section 7.4, such Member shall first offer such Membership Interest to the Company and the non-transferring Members in accordance with the following provisions: 7.8.1 Such Member shall deliver a written notice to the Company and the other Members stating (i)such Member's bona fide intention to transfer such Membership Interest, (ii)the name and address of the proposed transferee,(iii)the Membership Interest to be transferred, and (iv)the purchase price and terms of payment for which the Member proposes to transfer such Membership Interest. 7.8.2 Within thirty(30)days after receipt of the notice described in Section 7.8.1, each non-transferring Member shall notify the Managers in writing of his or her desire to purchase a portion of the Membership Interest being so transferred. The failure of any Member to submit a notice within the applicable period shall constitute an election on the part of that Member not to purchase any of the Membership Interest which may be so transferred. Each Member so electing to purchase shall be entitled to purchase a portion of such Membership Interest in the same proportion that the Percentage Interest of such Member bears to the aggregate of the Percentage Interests of all of the Members electing to so purchase the Membership Interest being transferred. In the event any Member elects to purchase none or less than all of his or her pro rata share of such Membership Interest, then the other Members can elect to purchase more than their pro rata share. If such Members fail to purchase the entire Membership Interest being transferred, the Company may purchase any remaining share of such Membership Interest. 7.8.3 Within ninety(90)days after receipt of the notice described in Section 7.8.1,the Company and the Members electing to purchase such Membership Interest shall have the first right to purchase or obtain such Membership Interest upon the price and terms of payment designated in such notice. If such notice provides for the payment of non-cash consideration, the Company and such purchasing Members each may elect to pay the consideration in cash equal to the good faith estimate of the present fair market value of the noncash consideration offered as determined by the Managers. 7.8.4 If the Company or the other Members elect not to purchase or obtain all of the Membership Interest designated in such notice,then the transferring Member may transfer the Membership Interest described in the notice to the proposed transferee, providing such transfer (i) is completed within thirty (30) days after the expiration of the Company's and the other Members' right to purchase such Membership Interest, (ii) is made on terms no less favorable to the transferring Member than as designated in the Notice, and (iii) the requirements of Sections 7.1, 7.2 and 7.3 relating to consent of the Initial Managers or other Managers and tax requirements hereof are met. If such Membership Interest is not so transferred, the transferring Member must give notice in accordance with this Section prior to any other or subsequent transfer of such Membership Interest. CH-1237 -22- NOV-15-2010 MON 10:33 AM FUSING HOUSE FAX NO. 3034076 P. 24 ARTICLE 8 WITHDRAWAL OF A MEMBER 8.1 Withdrawal. Only upon the withdrawal by a Member in accordance with Section 4.3 or an involuntary transfer pursuant to Section 7.2 will a Member be treated as a Former Member, and will the Company and/or the Remaining Members be obligated to purchase, and will the Former Member be obligated to sell, the Former Member's Interest as provided in this Article 8. 8.2 Purchase Price. The purchase price for the Former Member's Interest shall be the Capital Account balance of the Former Member as adjusted pursuant to Section 3.3. Notwithstanding the foregoing, if the Dissolution Event results from a breach of this Agreement by the Former Member, the purchase price shall be reduced by an amount equal to the damages suffered by the Company or the Remaining Members as a result of such breach. 8.3 Notice of Intent to Purchase. Within thirty(30)days after the Managers have notified the Remaining Members as to the purchase price of the Former Member's Interest determined in accordance with Section 8.2, each Remaining Member shall notify the Managers in writing of his or her desire to purchase a portion of the Former Member's Interest. The failure of the Remaining Member to submit a notice within the applicable period shall constitute an election on the part of the Member not to purchase any of the Former Member's Interest. 8.4 Election to Purchase Less Than All of the Former Members Interest. If any Remaining Member elects to purchase none or less than all of his or her pro rata share of the Former Member's Interest,then the Remaining Members can elect to purchase more than their pro rata share. If the Remaining Members fail to purchase the entire interest of the Former Member, the Company shall purchase any remaining share of the Former Member's Interest, 8.5 Payment of Purchase Price. The purchase price shall be paid by the Remaining Members or the Company by either of the following methods, at the choice of the Remaining Members or Company: 8.5.1 The Remaining Members or Company shall at the closing pay in cash the total purchase price for the Former Member's Interest; or 8.5.2 The Remaining Members or Company shall pay at the closing ten percent(10%)of the purchase price in which case the balance of the purchase price shall then be paid over a period of years as determined by the Remaining Members or the Company not to exceed ten (10)years in equal annual principal installments, plus accrued interest, and be payable each year on the anniversary date of the closing. The unpaid principal balance shall accrue interest at the current applicable federal rate as provided in the Code for the month in which the initial payment is made, but the Remaining Members 37.1237 -23- NOV-15-2010 MON 10:33 AM PUBL•NG HOUSE FAX NO. 30343046 P. 25 or Company shall have the right to prepay in full or in part at any time without penalty. The obligation to pay the balance due shall be evidenced by a promissory note secured by a pledge of the Membership Interest being purchased. 8.6 Closing of Purchase of Former Members Interest. The Closing for the sale of a Former Members Interest pursuant to this Article 8 shall be held at 10:00 a.m. at the principal office of Company no later than sixty (60) days after the determination of the purchase price, except that if the closing date falls on a Saturday, Sunday, or Colorado legal holiday, then the closing shall be held on the next succeeding business day. At the closing, the Former Member or such Former Members legal representative shall deliver to the Remaining Members an instrument of transfer(containing warranties of title and no encumbrances) conveying the Former Members Interest. The Former Member or such Former Members legal representative and the Remaining Members shall do all things and execute and deliver all papers as may be necessary fully to consummate such sale and purchase in accordance with the terms and provisions of this Agreement. 8.7 Purchase Terms Varied by Agreement. Nothing contained herein is intended to prohibit Members from agreeing upon other terms and conditions for the purchase by the Company or any Member of the Membership Interest of any Member in the Company desiring to retire, withdraw or resign, in whole or in part, as a Member. ARTICLE 9 ACCOUNTING, RECORDS, REPORTING BY MEMBERS 9.1 Books and Records. The books and records of the Company shall be kept, and the financial position and the results of its operations recorded, in accordance with the accounting methods followed for federal income tax purposes. The books and records of the Company shall reflect all the Company transactions and shall be appropriate and adequate for the Company's business. The Company shall maintain at its principal office in Colorado all of the following: 9.1.1 A current list of the full name and last known business or residence address of each Member and Econom c Interest Owner set forth in alphabetical order, together with the Capital Contributions, Capital Account and Percentage Interest of each Member and Economic Interest Owner 9.1.2 A current list of the full name and business or residence address of each Manager; 9.1.3 A copy of the Articles and any and all amendments thereto together with executed copies of any powers of attorney pursuant to which the Articles or any amendments thereto have been executed; 9.1.4 Copies of the Company's federal, state, and local income tax or information returns and reports, if any, for the six most recent taxable years; C9-1117 -24- NOV-15-2010 MON 10:33 AM PUBL•NG HOUSE FAX NO. 303430.6 P. 26 9.1.5 A copy of this Agreement and any and all amendments thereto together with executed copies of any powers of attorney pursuant to which this Agreement or any amendments thereto have been executed; 9.1.6 Copies of the financial statements of the Company, if any,for the six most recent Fiscal Years; and 9.1.7 The Company's books and records as they relate to the internal affairs of the Company for at least the current and past four Fiscal Years. 9.2 Delivery to Members and Inspection. 9.2.1 Upon the request of any Member or Economic Interest Owner for purposes reasonably related to the interest of that Person as a Member or Economic Interest Owner, the Managers shall promptly deliver to the requesting Member or Economic Interest Owner, at the expense of the Company, a copy of the information required to be maintained by Sections 9.1.1, 9.1.2 and 9.1.4, and a copy of this Agreement. 9.2.2 Each Member, Manager and Economic Interest Owner has the right, upon reasonable request for purposes reasonably related to the interest of the Person as Member, Manager or Economic Interest Owner, to: 9.2.2.1 inspect and copy during normal business hours any of the Company records described in Sections 9.1.1 through 9.1.7; and 9.2.2.2 obtain from the Managers, promptly after their becoming available, a copy of the Company's federal, state, and local income tax or information returns for each Fiscal Year. 9.2.3 Members representing at least ten percent (10%)of the Percentage Interests, or three or more Members, make a written request to the Managers for an income statement of the Company for the initial three-month, six-month, or nine-month period of the current Fiscal Year ended more than 30 days prior to the date of the request, and a balance sheet of the Company as of the end of that period. Such statement shall be accompanied by the report thereon, if any, of the independent accountants engaged by the Company or, if there is no report, the certificate of a Manager that the statement was prepared without audit from the books and records of the Company. If so requested, the statement shall be delivered or mailed to the Members within 30 days thereafter. 9.2.4 Any request,inspection or copying by a Member or Economic Interest Owner under this Section 9.2 may be made by that Person or that Person's agent or attorney. 06.1237 -25- NOV-15-2010 MON 10:33 AM PUBIOING HOUSE FAX NO. 30343.6 P. 27 9.2.5 The Managers shall promptly furnish to a Member a copy of any amendment to the Articles or this Agreement executed by a Manager pursuant to a power of attorney from the Member. 9.3 Annual Statements. 9.3.1 The Managers shall cause an annual report to be sent to each of the Members not later than 180 days after the close of the Fiscal Year. The report shall contain a balance sheet as of the end of the Fiscal Year and an income statement and statement of changes in financial position for the Fiscal Year. Such financial statements shall be accompanied by the report thereon, if any, of the independent accountants engaged by the Company or, if there is no report, the certificate of a Manager that the financial statements were prepared without audit from the books and records of the Company. 9.3.2 The Managers shall cause to be prepared at least annually, at Company expense, information necessary for the preparation of the Members' and Economic Interest Owners'federal and state income tax returns. The Manager shall send or cause to be sent to each Member or Economic Interest Owner within 90 days after the end of each taxable year such information as is necessary to complete federal and state income tax or information returns. 9.3.3 The Managers shall cause to be filed at least annually with the Colorado Secretary of State the statement required under the Act. 9.4 Bank Accounts. The Managers shall maintain the funds of the Company in one or more separate bank accounts in the name of the Company, and shall not permit the funds of the Company to be commingled in any fashion with the funds of any other Person. 9.5 Accounting Decisions and Reliance on Others. All decisions as to accounting matters, except as otherwise specifically set forth herein, shall be made by the Managers. The Managers may rely upon the advice of their accountants as to whether such decisions are in accordance with accounting methods followed for federal income tax purposes. 9.6 Tax Matters for the Company Handled By Managers and Tax Matters Member. The Managers shall from time to time cause the Company to make such tax elections as they deem to be in the best interest of the Company and the Members. The Tax Matters Member, as defined in Code Section 6231, shall represent the Company (at the Company's expense) in connection with all examinations of the Company's affairs by tax authorities, including resulting judicial and administrative proceedings,and shall expend the Company funds for professional services and costs associated therewith. The Tax Matters Member shall oversee the Company tax affairs in the overall best interests of the Company. If for any reason the Tax Matters Member can no longer serve in that capacity or ceases to be a Member or Manager, as the case may be, Members holding a Majority Interest may designate another to be Tax Matters Member. CB 1237 -26- NOV-15-2010 MON 10:34 AM PUBIIIIING HOUSE FAX NO. 3034076 P. 28 ARTICLE 10 DISSOLUTION AND WINDING UP 10.1 Dissolution. The Company shall be dissolved, its assets shall be disposed of, and its affairs wound up on the first to occur of the following: 10.1.1 Upon the entry of a decree of judicial dissolution; 10.1.2 Upon the written decision of the Initial Manager; or 10.1.3 Upon the vote of Members holding all of the Membership Interests; 10.2 Articles of Dissolution. As soon as possible following the occurrence of any of the events specified in Section 10.1, the Managers who have not wrongfully dissolved the Company or, if none, the Members, shall execute Articles of Dissolution in such form as shall be prescribed by the Colorado Secretary of State and file the Articles as required by the Act. 10.3 Winding Up. Upon the occurrence of any event specified in Section 10.1,the Company shall continue solely for the purpose of winding up its affairs in an orderly manner,liquidating its assets,and satisfying the claims of its creditors. The Managers who have not wrongfully dissolved the Company or, if none,the Members, shall be responsible for overseeing the winding up and liquidation of Company, shall take full account of the liabilities of Company and assets,shall either cause its assets to be sold or distributed,and if sold as promptly as is consistent with obtaining the fair market value thereof, shall cause the proceeds therefrom, to the extent sufficient therefor, to be applied and distributed as provided in Section 10.5. 10.4 Distributions in Kind. Any non-cash asset distributed to one or more Members shall first be valued at its fair market value to determine the Net Profit or Net Loss that would have resulted if such asset were sold for such value, such Net Profit or Net Loss shall then be allocated pursuant to Article 6, and the Members' Capital Accounts shall be adjusted to reflect such allocations. The amount distributed and charged to the Capital Account to each Member receiving an interest in such distributed asset shall be the fair market value of such interest(net of any liability secured by such asset that such Member assumes or takes subject to). The fair market value of such asset shall be determined by the Managers or by the Members or if any Member objects, by an independent appraiser selected by the Manager or liquidating trustee and approved by the Members. 10.5 Order of Payment of Liabilities Upon Dissolution 10.5.1 After determining that all known debts and liabilities of the Company in the process of winding up, including,without limitation, debts and liabilities to Members who are creditors of the Company, have been paid or adequately provided for, the remaining assets shall be distributed to the Members in accordance with their positive a-1237 -27- NOV-15-2010 MON 10:34 AM PUBSHING HOUSE FAX NO. 30344676 P. 29 Capital Account balances, after taking into account income and loss allocations for the Company's taxable year during which liquidation occurs. Such liquidating distributions shall be made by the end of the Company's taxable year in which the Company is liquidated, or, if later, within ninety (90) days after the date of such liquidation. 10.5.2 The payment of a debt or liability, whether the whereabouts of the creditor is known or unknown, has been adequately provided for if the payment has been assumed or guaranteed in good faith by one or more financially responsible persons or by the United States government or any agency thereof, and the provision, including the financial responsibility of the Person, was determined in good faith and with reasonable care by the Members or Managers to be adequate at the time of any distribution of the assets pursuant to this Section. This Section 10.5.2 shall not prescribe the exclusive means of making adequate provision for debts and liabilities. 10.6 Compliance With Regulations. All payments to the Members upon the winding up and dissolution of Company shall be strictly in accordance with the positive Capital Account balance limitation and other requirements of Regulations Section 1.704-1(b)(2)(ii)(d). 10.7 Limitations on Payments Made in Dissolution. Except as otherwise specifically provided in this Agreement, each Member shall only be entitled to look solely at the assets of Company for the return of his or her positive Capital Account balance and shall have no recourse for his or her Capital Contribution and/or share of Net Profits (upon dissolution or otherwise) against the Managers or any other Member except as provided in Article 11. ARTICLE 11 INDEMNIFICATION AND INSURANCE 11.1 Indemnification of Agents. The Company shall indemnify any Person who was or is a party or is threatened to be made a party to any threatened, pending or completed action, suit or proceeding by reason of the fact that he is or was a Member, Manager, employee or other agent of the Company (all such persons being referred to hereinafter as an "agent"),to the fullest extent permitted by applicable law in effect on the date hereof and to such greater extent as applicable law may hereafter from time to time permit. The Managers shall be authorized, on behalf of the Company, to enter into indemnity agreements from time to time with any Person entitled to be indemnified by the Company hereunder,upon such terms and conditions as the Managers deems appropriate in their business judgment. 11.2 Insurance. The Company shall have the power to purchase and maintain insurance on behalf of any Person who is or was an agent of the Company against any liability asserted against such Person and incurred by such Person in any such capacity, Y8_ NOV-15-2010 MON 10:34 AM PUB•ING HOUSE FAX NO. 3034376 P. 30 or arising out of such Person's status as an agent, whether or not the Company would have the power to indemnify such Person against such liability under the provisions of Section 11.1 or under applicable law. ARTICLE 12 MISCELLANEOUS 12.1 Counsel to the Company. Counsel to the Company may also be counsel to any Manager or any Affiliate of a Manager. The Managers may execute on behalf of the Company and the Members any consent to the representation of the Company that counsel may request pursuant to the Colorado Rules of Professional Conduct or similar rules in any other jurisdiction ("Rules"). The Company has initially selected Preeo, Silverman, Green & Egle, P.C. ("Company Counsel") as legal counsel to the Company. Each Member acknowledges that Company Counsel does not represent any Member in the absence of a clear and explicit agreement to such effect between the Member and Company Counsel, and that in the absence of any such agreement Company Counsel shall owe no duties directly to a Member. 12.2 Complete Agreement. This Agreement and the Articles constitute the complete and exclusive statement of agreement among the Members and Managers with respect to the subject matter herein and therein and replace and supersede all prior written and oral agreements or statements by and among the Members and Managers or any of them. No representations, statement, condition or warranty not contained in this Agreement or the Articles will be binding on the Members or Managers or have any force or effect whatsoever. To the extent that any provision of the Articles conflict with any provision of this Agreement, the Articles shall control. 12.3 Binding Effect. Subject to the provisions of this Agreement relating to transferability,this Agreement will be binding upon and inure to the benefit of the Members, and their respective successors and assigns. 12.4 Parties in Interest. Except as expressly provided in the Act, nothing in this Agreement shall confer any rights or remedies under or by reason of this Agreement on any persons other than the Members and Managers and their respective successors and assigns nor shall anything in this Agreement relieve or discharge the obligation or liability of any third person to any party to this Agreement, nor shall any provision give any third person any right of subrogation or action over or against any party to this Agreement. 12.5 Pronouns; Statutory References. All pronouns and all variations thereof shall be deemed to refer to the masculine,feminine,or neuter, singular or plural, as the context in which they are used may require. Any reference to the Code,the Regulations, the Act, or other statutes or laws will include all amendments, modifications,or replacements of the specific Sections and provisions concerned. CB-1237 -29- NOV-15-2010 MON 10:34 AM PUBeHING HOUSE FAX NO. 3034341676 P. 31 12.6 Headinas. All headings herein are inserted only for convenience and ease of reference and are not to be considered in the construction of any provision of this Agreement. 12.7 Interpretation. In the event any claim is made by any Member relating to any conflict, omission or ambiguity in this Agreement, no presumption or burden of proof or persuasion shall be implied by virtue of the fact that this Agreement was prepared by or at the request of a particular Member or his or her counsel. 12.8 References to this Agreement. Numbered or lettered articles, sections and subsections herein contained refer to articles,sections and subsections of this Agreement unless otherwise expressly stated. 12.9 Jurisdiction. Each Member hereby consents to the exclusive jurisdiction of the state and federal courts sitting in Colorado in any action on a claim arising out of,under or in connection with this Agreement or the transactions contemplated by this Agreement. Each Memberfurther agrees that personal jurisdiction over him may be effected by service of process that when so made shall be as if served upon him personally within the State of Colorado. 12.10 Disputed Matters. Except as otherwise provided in this Agreement, any controversy or dispute arising out of this Agreement, the interpretation of any of the provision hereof, or the action or inaction of any Member or Manager hereunder shall be submitted to arbitration in the prevailing county in the state of Colorado before the American Arbitration Association under the commercial arbitration rules then in use by the Association. Any award or decision obtained from any such arbitration proceeding shall be final and binding on the parties, and judgment upon any award thus obtained may be entered in any court having jurisdiction thereof. No action at law or in equity based upon any claim arising out of or related to this Agreement shall be instituted in any court by any Member except(a)an action to compel arbitration pursuant to this Section 12.10 or(b)an action to enforce an award obtained in an arbitration proceeding in accordance with this Section 12.10. 12.11 Exhibits. All Exhibits attached to this Agreement are incorporated and shall be treated as if set forth herein. 12.12 Severability. If any provision of this Agreement or the application of such provision to any person or circumstance shall be held invalid, the remainder of this Agreement or the application of such provision to persons or circumstances other than those to which it is held invalid shall to be affected thereby. 12.13 Additional Documents and Acts. Each Member agrees to execute and deliver such additional documents and instruments and to perform such additional acts as may be necessary or appropriate to effectuate, carry out and perform all of the terms, provisions, and conditions of this Agreement and the transactions contemplated hereby. -30- NOV-15-2010 MON 10:35 AM PUBL•ING HOUSE FAX NO, 30343 16 P. 32 12.14 Notices. Any notice to be given or to be served upon the Company or any party hereto in connection with this Agreement must be in writing (which may include facsimile) and will be deemed to have been given and received when delivered to the address specified by the party to receive the notice. Such notices will be given to a Member or Manager at the address specified in Exhibit A hereto. Any party may, at any time by giving five (5) days' prior written notice to the other parties, designate any other address in substitution of the foregoing address to which such notice will be given. 12.15 Amendments. All amendments to this Agreement will be in writing and signed by all of the Members. 12.16 Partition. No Member or Economic Interest Owner has any interest in specific property of the Company. Without limiting the foregoing, each Member and Economic Interest Owner irrevocably waives during the term of the Company any right that he may have to maintain any action for partition with respect to the property of the Company. 12.17 Multiple Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. 12.18 Attorney Fees. In the event that any dispute between the Company and the Members or among the Members should result in litigation or arbitration, the prevailing party in such dispute shall be entitled to recover from the other party all reasonable fees, costs and expenses of enforcing any right of the prevailing party, including without limitation, reasonable attorneys' fees and expenses. 12.19 Time is of the Essence. All dates and times in this Agreement are of the essence. 12.20 Remedies Cumulative. The remedies under this Agreement are cumulative and shall not exclude any other remedies to which any person may be lawfully entitled. CB-.237 -31- NOV-15-2010 MON 10:35 AM PUB' IING HOUSE FAX NO. 303476 P. 33 IN WITNESS WHEREOF, all of the Members of CLAPSADDLE FARMS LLC, a Colorado limited liability company, have executed this Agreement, effective as of August 8, 2000. MEMBERS: to G2 (C;.-‘6 ----- Wile R . LA M G. AULJOHN ON 7-- iktv ; (0(A matc„ ANGELA FLACHMAN JOHNSON �J CB MI 32- N0V-15-2010 MON 10:35 AM PUB,ING HOUSE FAX NO. 303434i5 P. 34 EXHIBIT A CAPITAL CONTRIBUTION OF MEMBERS AND ADDRESSES OF MEMBERS AND MANAGERS Members' Capital Members' Names Contribution WILBUR E. FLACHMAN $542,743.00 9820 Wolff Court Westminster, Colorado 80030 PAUL JOHNSON $ 12,750.00 9820 Wolff Court Westminster, Colorado 80030 ANGELA FLACHMAN JOHNSON $ 12,750.00 9820 Wolff Court Westminster, Colorado 80030 MANAGER'S NAME WILBUR E. FLACHMAN 9820 Wolff Court Westminster, Colorado 80030 CB-1237 NOV-15-2010 MON 10:35 AM PUBSING HOUSE FAX NO. 3034.76 P. 35 EXHIBIT B MEMBERSHIP INTERESTS MEMBERS MEMBERSHIP INTEREST WILBUR E. FLACHMAN 95.50% PAUL JOHNSON 2.25% ANGELA FLACHMAN JOHNSON 2.25% CB 1237 • • Michelle Martin From: Michelle Martin Sent: Wednesday, October 20, 2010 7:54 AM To: 'Curtisamw@aol.com' Subject: RE: RE-5043 Clapsaddle Farms, LLC Curtis, It appears all the changes have been made to the plat. Let me know if you have any other questions. Michelle Martin Planner III 1555 N 17th Ave Greeley, CO 80631 mmartinPco.weld.co.us PHONE: (970)353-6100 x 3540 FAX: (970) 304-6498 From: Curtisamw@aol.com fmailto:Curtisamw@aol.coml Sent: Tuesday, October 19, 2010 8:47 AM To: Michelle Martin Subject: RE-5043 Clapsaddle Farms, LLC Michelle, Thank you for the redline comments. Attached is a revised PDF of the survey for your review and approval. I have been told by Wilber Flachman that he will be signing as Manager on behalf of Clapsaddle. I have also notified him again that he will need to provide you with proof of this in writing. He did mention that it also may be on file with the county as part of previous RE's he has done and said he would be contacting you regarding this. If you have any questions or additional comments please feel free to contact me. Curtis D. Hoos, PLS Operations Manager American West Land Surveying Co. Ph: 303-659-1532 Fx: 303-655-0575 Curtisamw(Wa aol.com CONFIDENTIALITY NOTICE: This electronic message transmission, and any attachments, is intended only for use by the recipient and may contain legally privileged and/or confidential information. If you are not the intended recipient of this e-mail, you are hereby notified that any dissemination, distribution or copying of this e-mail, and any attachments thereto, is strictly prohibited. If you have received this e-mail in error, please immediately notify me at our main office number [(303) 659-1532] and permanently delete the original and any copy of the e-mail and any printout thereof. Thank you. 1 11. Michelle Martin From: Michelle Martin Sent: Monday, October 18, 2010 11:42 AM To: 'AMWEST123@aol.com' Subject: RE-5034 Attachments: DEST2113.tif To Whom it may Concern, I have reviewed the paper plat for RE-5034 attached is a copy of the redlines. Let me know if you have any questions. Michelle Martin Planner Ill 1555 N 17th Ave Greeley,CO 80631 mmartin@co.weld.co.us PHONE: (970) 353-6100 x 3540 FAX: (970) 304-6498 1 Michelle Martin From: Heidi Hansen Sent: Monday, October 18, 2010 10:26 AM To: Michelle Martin Subject: RE: RE-5034 Michelle, It looks like they got everything on there we were asking for and they worked with Janet on their accesses. This one is acceptable for PW. Thanks, Heidi From: Michelle Martin Sent: Monday, October 18, 2010 9:26 AM To: Heidi Hansen Subject: RE-5034 Hi Heidi, Have you had a chance to review the paper plat for RE-5034? Just let me know if you have any modification to the plat, thanks. Michelle Martin Planner III 1555 N 17th Ave Greeley, CO 80631 mmartinPco.weld.co.us PHONE: (970)353-6100 x 3540 FAX: (970)304-6498 1 Oct 12 2010 10: 23AM H'LASERJET FAX • p. 2 Weld County School District Re-3(J)/99 West Broadway/P0.Box 269/Keenesburg,CO B0& Tel: (303)536.2000/Fax:(303)6M-2010 WELD October 12,2010 Weld County Department of Planning Services 918 10th Street Greeley, Colorado 80631 Case Number: RE-5034 (Clapsaddle Farms LLC) Dear Planning Services Representative: Weld County School District RE-3J has received a check for$1,232.00 for cash-in-lieu of land attributable to this recorded exemption. Opposition to this application is now removed. Thank you for your continued assistance in obtaining funds that will be used to purchase land for future school use. Please contact me at 303-5362000 if you desire further information about this letter. Sincerely, Susie Townsend Superintendent of Schools Weld County School District RE-3J Oct 12 2010 10: 23AM HPLASERJET FAX • p. 3 Mr MIo11.IM.R.YOewa 1a1111.afn ....w....a.w. CLAPSADDLE FARMS LLCr�'r"` 6 2 4 44110 70. 3216 PH.333-46O-4312 a a"` ry t, ,� YOrM 1120 WOlFFDOUBT d ) `,aI.I � /Sw/ gq./ g WESTMIN1'ilR,00.10081 s, 1� k"1."�S DA ,,, � ORDIA 710 a ('6.,.4J /vine of ' k.h. is:' 3$ 1 $ 1.232. ''r r D III -7-44.s. r.2 �r dfu �f� e;r' DOLLARS B ay; VALLKY DANK AND TRU>IT J °-y_'S ' + tPt ;..t.,.; 1111!SHERIDA NBOULEVARD 1 1 WF2TA1N3111, PO 60020 li. IG8•i4uI4124a$ L 0 J�(84I1]�989. -. 1. 107005'4452. 09pi0284311' 32he, • Ccpy Jun 16 2010 7: 56AM HP•ASERJET FAX • p. 2 w-a_o Please contact Kerrie, at Weld County School District Re-3J, at 303-536-2005 to set up an appointment to pay Recorded Exemption Fees. June 15,2010 Weld County Department of Planning Services 918 10th Street Greeley,CO 80631 Case Number: RE-5034 (Clapsaddle Farms LLC) Dear Planning Department Official: This project provides for a recorded exemption within the rural area of Weld County School District Re-3J. Although recorded exemptions,individually, represent a small increment of the total housing stock,the cumulative effect of several such approvals is exerting a considerable negative effect upon the school district's ability to provide adequate educational opportunities for the resulting students. Additionally, the substantial separation of these units from other more densely populated areas increases school transportation costs,further eroding the amount of funds that can be applied in the classroom toward educating the students. The school district's Board of Education is opposed to approval of additional new housing without adequate mitigation of land costs. However, in the event that the County Commissioners decide to approve this application, Weld County School District Re-3J respectfully requests that these exemptions be required to mitigate the costs of providing land for school sites as explained below. Site Issues Based upon the district's school capacities and site size standards,the proposed exemption would generate the need for less than one acre of land;the cash equivalent would approximate $1,232,00 per single-family housing unit(see Table 1). If approved, it is requested that this amount be paid to the school district as a cash-in-lieu of land dedication for each new unit allowed . Recommendations The Board of Education remains very concerned about the recent trend toward accelerated residential activity throughout the district and the ensuing enrollment that will follow, as well as the district's physical and financial ability to serve that growth. Approval of additional residential development without a ready and identified means of providing appropriate infrastructure would not demonstrate good stewardship of the public trust. As stated before, cash-in-lieu of land of$1,232.00 is requested for each single-family housing unit. Therefore,the total due to Weld County School District RE-3J is $1,232.00. Without such mitigation,the district will recommend that the application be denied. Sincerely, Susie Townsend Superintendent of Schools Weld County School District Re-3J • • DEPARTMENT OF PLANNING SERVICES Q 1555 N 17th AVE GREELEY, CO80631 PHONE: (970) 353 (970) Ext. 3540 FAX: 1(970)3044-6498 COLORADO June 11, 2010 Clapsaddle Farm LLC do Paula Platt 2760 CR 21 Ft. Lupton CO 80621 Subject: RE-5034 - A Recorded Exemption located on a parcel of land described as Lot B RE-3117 being part of the S2 NW4 of Section 30, Ti N, R64W 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 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 Hudson Planning Commission for their review and comments. It is recommended that you and/or a representative be in attendance at the Hudson Planning Commission meeting to answer any questions the Commission members may have with respect to your application. Please call Hudson at 303-536-9311, for further details regarding the date, time, and place of this meeting. If you have any questions concerning this matter, please call me. Sincerely, Digitally signed by Kristine Ranslem /72 2,41/Tr Reason:1am the author ofthisdocument Location'.1555 N 17th Ave Date:2010.06.11 13.22:27-06'00' Michelle Martin Planner APPLICATION FLOW SHEET COLORADO APPLICANT: Clapsaddle Farms LLC CASE #: RE-5034 REQUEST: Two Lot Recorded Exemption LEGAL: Lot B of RE-3117 being part of the S2 NW4 of Section 30, Township 1 North, Range 64 West of the 6th P.M. Weld County, Colorado LOCATION: East of and adjacent to CR 49 and south of CR 6. PARCEL ID #: 1475 30 000004 ACRES: +/- 74 acres Date By Application Received 6/9/2010 ko Application Completed 6/10/2010 mm Referrals listed 6/10/2010 mm Vicinity map prepared File assembled W l IID 11-4 Case logged in computer Letter to applicant mailed Referrals mailed Field check by DPS staff /n} Administrative Review decision: 1 1pp�CD✓2� 8//1/2Oi o �/ r Board of County Commissioners hearing (if applicable) Date By County Commissioners Hearing Date Surrounding property owners notified Presentation prepared CC action: CC resolution received /7Dat By Plat recorded and filed /(�,(/1' t o it-1)W Overlay Districts _ S3O-4S- N t\SoN OC 1 CORI- /Z$Ito Zoning Agricultural 5 13ctY-t wea ov - MUD Yes No_X_ rrt 1-..\S 4'} f14A Ka:visit IGA Yes No X — g coAvase,aC_ !oO-�Aw� '� ts►--t Airport Yes No_X— or ,� eF 7-Es. 6,2, Geologic Yes No_X— Flood Hazard Yes No_X_ Panel#080266 RECORDED EXEMPTION (RE) APPLICATION FOR PLANNING DEPARTMENT USE DATE RECEIVED: RECEIPT/AMOUNT# /$ CASE#ASSIGNED: APPLICATION RECEIVED BY PLANNER ASSIGNED: Parcel Number I 4 7 - 3 0 - 0 -- 0 n - 0 0 4- (12 digit number-found on Tax I.D.information,obtainable at the Weld County Assessor's Office,or www.co.weld.cosal Legal Description 1—ot £ of 111/44k ' -3 I it , Section-3 b Township I o fR Range West Has the property been divided from or had divided from it any other property since August 30, 1972? Yes ✓ 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: C -411s-9529saddl, Farm LLC- Work Phone# Home Phone# Email Address Address: ( P° W C- U(CSfr ;n Stu ( 0 g003 f City/State/Zip Code APPLICANT OR AUTHORIZED AGENT(See Below.Authorization must accompany all applications signed by Authorized Agent) Name: Qat))a RI aft- Work Phone#t-Ss9 5!-D(40 Home Phone# Email Address pU IO.P IQH 'Gt O 1 -CO Address:•)l4 0 (Ai Lo( a / r City/State/Zip Code 1-7- Gr11Oh et) g()&,2 I LotA LotB LotC LotD Smaller Parcel Water Source ( a ) e D Q eJ�" Type of Sewer o 6ee-1>c Proposed Use R-°s ) Acreage ,5- O t (o9 Existing Dwellings? If Yes, list addres If Yes, list address If Yes, list address If Yes, list address ti below: below:, below: below: ,t) If the property is vacant or unimproved write pro ose water source and proposed sewer system for each parcel in the blanks above. For t 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, prop als, and/or . 'ns submitted with or contained within the application are true and correct to the best of my (our k wledge. ign- ures of all fee owners of property must sign this application. If an Authorized Agent signs, a lett r o authoriz- ion -• all fee owners must be included with the application. If a corporation is the fee owner, notariz d evid--. u- bluded showing the signatory has the legal authority to sign for the corporation. ��►' G5 I 1p-Pd 1 Signature: Owner or Authorized Agent Date Signature: Owner or Authorized Agent Date ( • • LE FI ER OF AUTHORIZATION Clapsaddle Farms LLC (whose legal address is 9820 Wolff Ct., Westminster, CO 80031) as fee owner authorize Paula Platt to act authorized Agent for RECORDED EXEMPTION APPLICATION FOR Parcel Number 147530000004. Account# R1035802 Legal Description: PT S2NW4 30-1---64 LOT B REC EXEMPT RE-3117 (.59R) County of Weld, State of Colorado S'cN° CO l ?4rti C4 2 lr. pjtjJ Z - .�� //`A01 d Clapsaddle Farms LLC Date/ aula Platt Date RECORDED EXEMPTION (RE) QUESTIONNAIRE (CLAPSADDLE FARMS LLC) 1 ) a. Water supply to be provided by domestic well. b This parcel is dry land and has no irrigation rights. 2 ) An engineered Septic system will be designed,constructed and permitted according to Weld County ISDS requirements. 3 ) The property is currently used for grassing horses and dry land hay. 4 ) The new lot will be approx 5 acres in size and located east of CR 49. 5 ) There are no unique physical characteristics on the site. 6 ) No building envelop location has been requested for proposed lot. 7 ) There is no Business or Use by Special Review permit on the property. „,, . W 1,5804 SEC .KC 17AS.R649f em RAC • ca WILD CO. ED. 49 N A097�6”E &Taw-" "— — —T N arY. Pli y� aN. a� O iil x $ Qge - w ; . 5 Gl v v' in p a g x a N.t.o a l or, fl E- 9 . ii o k 85/7,4_,,,iel _1_;_iotsciday _ ____:1\ S ODY438"N • OF prop as cc1.._LOt" p .�' n o k (b lA '� kil ro Pte, P ' k P c Ls � Co Tra"nsni ss,art ) Lin es 't .¶4 z -1- ke to I n w ti q � o % . F i a s w U,• II P ≥t : In ��• o "\- fie •Y E LA'f.S%N$s SEC .3R 1IK.R54W Sift AM—\ ; Faust _ J37LE6' Fati ust _ nARA N y y r\ ri • t pi :,)‘...z," • • Weld County Treasurer Statement of Taxes Due Account Number R103S802 Parcel 147530000004 Legal Description Situs Address PT S2NW4 30-1-64 LOT B REC EXEMPT RE-3117(.59R) • • Account:R1035802 CLAPSADDLE FARMS LLC 9820 WOLFF CT WESTMINSTER,CO 80031 Year Charges Billed Payments Balance 2009 Tax $278.20 $278.20 Grand Total Due as of 05/19/2010 $0.00 Tax Billed al 2009 Rats for Tax Area 3063-3063 Authority Mill Levy Amount Values Actual Assessed WELD COUNTY 16.8040000' $74.96 AG-FLOOD $14,035 $4,070 SCHOOL DIST RE3J 21.7050000 $96.80 IRRRIGATED LAND CENTRAL COLORADO WATER 0.4250000 $1.89 AG-DRY FARM LAND $1,294 $380 (CCW AG-WASTE LAND $6 $10 CENTRAL COLORADO WATER 1.3380000 $5.97 Total $15,335 $4,460 SUBD CENTRAL COLO WATER WELL(CC 9.0000000 $40.14 HUDSON FIRE 3.5370000 $15.77 AIMS JUNIOR COLLEGE 6.3120000 $28.15 HIGH PLAINS LIBRARY 3.2550000 $14.52 Taxes Billed 2009 62.3760000 $278.20 •Credit Levy ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE LIENHOLDER OR TO ADVERTISING AND DISTRAINT WARRANT FEES. CHANGES MAY OCCUR AND THE TREASURER'S OFFICE WILL NEED TO BE CONTACTED PRIOR TO REMITTANCE AFTER THE -- i nor ocgN arll$t.ST 1.. WELD COUNTY TREASURER - Pursuant to`the Weld County Subdivision Ordinance,the attached Statement(s)oflTaxes Due Issued by the Weld County Treasurer,are evidence that,as of this date;all property taxes, special assessments and prior taxes liens currently due and payable connected with the parcel(s) identified.therein have been full. • • REFERRAL LIST Name: Clapsaddle Farms LLC Case#: RE-5034 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 x Hudson F-7 x Code Compliance _Frederick _Johnstown F-8 Kim Ogle (Landscape Plans) _Garden City _LaSalle F-9 _Lin (Addressing Change of Zone) _Gilcrest _Mountain View F-10 _Ambulance Services _Greeley _Milliken F-11 _Grover _Nunn F-12 State x Hudson _Pawnee F-22 x Div. of Water Resources _Johnstown _Platteville F-13 Geological Survey _Keenesburg _Platte Valley F-14 _Department of Health _Kersey _Poudre Valley F-15 _Department of Transportation _LaSalle Raymer F-2 _Historical Society _Lochbuie _Southeast Weld F-16 _Water Conservation Board _Longmont _Union Colony F-20 _Oil & Gas Conservation Commission Mead Wiggins F-18 _Milliken _Windsor/Severance F-17 Division of Wildlife _New Raymer x South Hwy 66 (Loveland) _Northglenn Commissioner _North Hwy 66 (Greeley) _Nunn _Division of Minerals/Geology _Pierce _Platteville Soil Conservation Districts _Severance _Big Thompson/ FTC _Thornton _Boulder Valley/Longmont _Windsor x Brighton/SE Weld _Centennial Counties _Greeley/West Greeley x Adams _Platte Valley _Boulder West Adams _Broomfield _Little Thompson _Larimer Federal Government Agencies Other US Army Corps of Engrs x School District RE-3 _USDA-APHIS Vet Service _Central Cob. Water Cons _Federal Aviation Admin (Structures _RR over 200 ft or w/in 20000 ft of Pub _Ditch Company Airport _Art Elmquist (MUD Area) _Federal Communications Comm • Referral List • ) J1 Name: Case# tJ — J County Towns&Cities Fire Districts Afforn , _Ault Ault F-1 I ealth Department _Berthoud Berthoud F-2 _Extension Office Brighton Briggsdale F-24 Emergency Management Office-Ed Herring Dacono Brighton F-3 Sheriffs Office _Eaton _Eaton F-4 _ ublic Works _Erie _Fog Lupton F-5 _Housing Authority _Evans _Galeton F-6 _Airport Authority _Firestone son F-7 Building Inspection _Fort Lupton _Johnstown F-8 ✓erode Compliance _Frederick _LaSalle F-9 Assessor Office/Chris Woodruff(Final Plan) _Garden City _Mountain View F-10 Kim Ogle(Landscape Plans) _Gilcrest _Milliken F-11 Lin or Peggy(Addressing Change of Zone) _Greeley _Nunn F-12 Ambulance Services Grover _Pawnee F-22 State son _Platteville F-13 of Water Resources _Johnstown _Platte Valley F-14 Geological Survey _Keenesburg _Poudre Valley F-15 _Department of Health _Kersey _Raymer F-2 _Department of Transportation _LaSalle _Southeast Weld F-16 _Historical Society _Lochbuie _Union Colony F-26 _Water Conservation Board _Longmont _Western Hills F-20 _Oil&Gas Conservation Commission _Mead _Wiggins F-18 Divisi Wildlife Milliken _Windsor/Severance F-17 uth Hwy 66(Loveland) _New Raymer _North Hwy 66(Greeley) _Nodhglenn Legal _Division of Minerals/Geology _Nunn Parcel ID# Soil Conservation Districts _Pierce Zone Acres? Big Thompson _Platteville USDA Boulder Valley Severance Airport _Brighton _Thornton Geo Haz Centennial _Windsor FP? Panel# _ �Fort Collins Counties _ Road Impact Fee Area? _Greeley _ '6ams/ (SW#1 .#2 ,#3 ,Windsor_) Longmont _Boulder IGA? ORD# Morgan _Broomfield MUD? Platte Larimer l- outheast Weld Other West Adams Central Colo.Water Conservancy Dist Federal Government Agencies Left Hand Water _US Army Corps of Engrs rool d District RE-3 USDA-APHIS Vet Service _Art Elmquist(MUD Area) Federal Aviation Admin(Structures over _Ditch Company, over 200 ft or w/in 20000 ft of Pub Airport Commissioner • JUN 14 2010 C. Weld County Referral COLORADO June 11 , 2010 The Weld County Department of Planning Services has received the following item for review: Applicant Clapsaddle Farms LLC Case Number RE-5034 Please Reply By July 11, 2010 Planner Michelle Martin Project Two Lot Recorded Exemption Legal 1Lot B RE-3117 being part of the S2 NW4 of Section 30, Ti N, R64W of the 6th P.M., Weld County, Colorado. Location East of and adjacent to CR 49 and south of CR 6. For a more precise location, see legal. Parcel Number 1475 30 000004 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. • 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: CaSignature r a—�S Date 7- / 3 -16 i Agency &LL c /AAr L.& el/Veld County Planning Dept. +1555 N 17th Ave, Greeley, CO. 50631 :•(970)353-6100 ext.3540 +(970)304-6498 fax • • Weld County Planning Department GREELEY OFFICE MEMORANDUM ' 6'n'E' RECEIVED TO: Michelle Martin, Planning Services DATE: July 13, 2010 IC� FROM: Heidi Hansen, P.E., Public Works Department COLORADO SUBJECT: RE-5034, Clapsaddle Farms LLC The Weld County Public Works Department has reviewed this proposal. Staff comments made during this phase of the process may not be all-inclusive, as other concerns or issues may arise during the remaining application process. Issues of concern must be resolved with the Public Works Department. Our comments and requirements are as follows: COMMENTS: WCR 49 is an arterial road, which requires a 140-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: In accordance with Section 24-7-50 J of the Weld County Code, Chapter 24, Article VII, the flag lot configuration will be avoided where possible. The minimum width of a flag lot is 30 feet. 1. Lots A and B shall share a joint access point. A shared access is normally 30' of access easement centered on the property line. The existing access onto WCR 49 shall be permanently closed, photographic evidence of the closure shall be provided to the Public Works Department. An access permit is required for the new access, the permit application is attached. Please contact the Public Works Traffic Engineer, Janet Carter, with any questions about the permit process. 2. Pursuant to Chapter 15, Articles I and II of the Weld County Code, if noxious weeds exist on the property or become established as a result of the proposed development, the applicant/landowner shall be responsible for controlling the noxious weeds. All vegetation, other than grasses, needs to be maintained at a maximum height of 12 inches until the area is completely developed. FLOOD HAZARD DEVELOPMENT STANDARDS: This area IS in a Special Flood Hazard Area (SFHA) as determined by the Federal Emergency Management Agency (FEMA). A portion of proposed Lot B lies in a Special Flood Hazard Area (SFHA) defined by the Federal Emergency Management Agency (FEMA). This SFHA is delineated on the current effective Flood Insurance Rating Map (FIRM), panel number 080266 1025C, dated September 28, 1982. Portions of lots located in the current effective FEMA 100-yr floodplain may not be buildable. Lot B is partially located within the FEMA mapped Box Elder Creek, Zone A, 100-Year Floodplain and possibly the floodway. Weld County Code prohibits the construction of buildings within the floodway. A Flood Hazard Development Permit (FHDP) is not required for agricultural activities. However, if the owner proposes to construct any type of building or place fill within the FEMA designated floodplain, a FHDP will be required showing that the proposed activity is not located within the floodway (Planning Policy No. 2010-07). Additionally, the FHDP application must show that the development activity is in compliance with all floodplain regulations in effect at the time of application. 6. Please show and label the floodplain boundary on the Plat drawing. 7. Please add the following notes to the Plat: Page 1 of 2 M:\PLANNING—DEVELOPMENT REVIEW\RE-Recorded Exemption\RE-5034.docx a. "WARNING: LOTS MAY NOT BE BUILDABLE DUE TO FLOODPLAIN OR FLOODWAY DESIGNATION. Please be advised that owners of Lot B of RE-5034 may not be able to obtain building permits to construct non-agricultural structures. All construction or improvements occurring in the floodplain as delineated on Federal Emergency Management Agency FIRM Community Panel Map#080266 1025C dated September 28, 1982, shall comply with the Flood Hazard Overlay District requirements of Chapter 23, Article V, Division 3 of the Weld County Code and all applicable FEMA regulations and requirements as described in 44 CFR parts 59, 60, and 65." b. Flood Hazard Development Permits will be required for development or construction activities located within the FEMA mapped Box Elder Creek Floodplain. c. The installation of any septic system within the 100-year floodplain shall comply with the Weld County I.S.D.S. Floodplain Policy. In accordance with the State of Colorado I.S.D.S. Regulations, no septic system shall be installed within the floodway. pc: RE-5034 • Page 2 oft M:\PLANNING-DEVELOPMENT REVIEW\RE-Recorded Exemption\RE-5034.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# : J Other Case#: 1. Applicant Name (L i p5 l �^ JC �a t n") 3 L-1 C Phone 3 03 - 44 y- 962 Address CIga-0 W . L f City Vies4n. ri Site StateCO Zip 80O.? I 2. Address or Location o ccess Section �3O Township IN. Range to lr/ Subdivision Block Lot Weld County Road#: Side of Road Eck s4 Distance from nearest intersection M4 milt 3. Is there an existing access to the property? Yes .f No #of Accesses 4. Proposed Use: ( Permanent (vrcesidential/Agricultural ( Industrial ( Temporary ( Subdivision ( Commercial ( Other 5. Site Sketch Legend for Access Description: AG = Agricultural RES = Residential t „ O&G = Oil&Gas D.R. = Ditch Road ❑ = House wcf2 h� O = Shed = Proposed Access .. '7 Z9 t �' + = Existing Access j RES '1 ew5( ,)a hoNes4a r'i 7--'-I!1"R fi 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: 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#: Other Case#: 1. Applicant Name (1 i ; c cA J i R C c').) LL(' Phone 3 03 - 42 S- 962 Address Gig 2.0 W Q{j I C 61)1{ � City 10.1 e5f'"n n eve State<.0 Zip S'0 0. I 2. Address or Location oif1ss g a Section c30 Township IN' Range ie. tfi Subdivision Rlock I of Weld County Road#• i4g Side of Road FG s4/ Distance from nearest intersectiorLM t IY 3. Is there an existing access to the property? Yea V No #of Accesses 1 4. Proposed Use: ( Permanent (vi residential/Agricultural ( Industrial ( Temporary ( Subdivision ( Commercial ( Other ****************************************************w**************3*******.**Mkr*****************************.************** 5. Site Sketch Legend for Access Description: AG = Agricultural L_ RES = Residential �t . O&G = Oil&Gas D.R. = Ditch Road ❑ = House W aR. hb O = Shed ,/� �7 A = Proposed Access `� • + = Existing Access RE5 30', ewsJ;00 OFFICE USE ONLY: Road ADT Date Accidents Date Road ADT Date Accidents Date Drainage Requirement Culvert Size Length Special Conditions El Installation Authorized ❑ Information Insufficient Reviewed By: Title: ( Access Permit Instructions 1. Access Information Sheet/Access Permit Please complete all components of the document including: -Applicant Information -Property Owner Information(if different than Applicant) -Parcel Location& Sketch -Road Surface &Construction Information -Proposed Use 2. Traffic Control A typical Traffic Control Plan is provided on the Weld County website. If the Traffic Control Plan warranted exceeds the provided typical Traffic Control Plan please include the expanded Traffic Control Plan with the submittal. 3. Certificate of Insurance The Certificate of Insurance may be waived by Public Works Staff. 4. Pictures at Access Please include 3 pictures at the Access (digital or hardcopy) - Looking down the roadway to the right of the access - Looking down the roadway to the left of the access - From the roadway into the access location 5. A Copy of the Issued Permit must be kept on the Project Site for review by PW staff. For Questions or further information,please contact: Janet Carter-Traffic Engineer or Amy Burry-Utility Coordinator/Permit Agent jcarter(a,co.weld.co.us aburry(inco.weld.co.us 970.304.6496 ext 3726 970.304.6496 ext 3764 4e3), 00+ Weld County Public or • Works Dept. s� 1111 H Street ACCESS PERMIT "O eapt0 P.O. Box 758 \G ' "iv- QA- Greeley, Co 80632 APPLICATION FORM (C Wfl Phone: (970)304-6496 Fax: (970)304-6497 Applicant Property Owner(If different than Applicant) Name C\ as) (\Ad L' y—s LLC Name Company �/ 1 f r Address Address 9WZO IJo .: " Ct City State Zip City ides i—rvItilkeZ State Co Zip R-003 03 Phone Business Phone 30-3- 4 2S)--95 2 1 Fax Fax E-mail E-mail A= Existing Access o= Proposed Access Parcel Location&Sketch The access is on WCR H 9 .�, Nearest Intersection:WCR &WCR 0 W S WCR 6 Distance from Intersection INC IQ L P Parcel Number 14475 30 0 CO 100 ) o' Section/Township/Range 30/ /A/6q W T v) Is there an existing access to the property? yEP NO N 3 3 Number of Existing Accesses I 30'skose Road Surface Type&Construction Information qcc ene t4Se.� ¢wt'} Asphalt Gravel Treated Other WCR `♦ Culvert Size &Type Materials used to construct Access Construction Start Date Finish Date Proposed Use o Temporary(Tracking Pad Required)/$75 ptSingle Residential/$75 ❑ Industrial/$150 o Small Commercial or Oil& Gas/$75 ❑ Large Commercial/$150 o Subdivision/$150 o Field (Agriculture Only)/Exempt Is this access associated with a Planning Process? o No o USR ri RE-503go PUD o Other Required Attached Documents -Traffic Control Plan -Certificate of Insurance -Access Pictures(From the Left, Right, & into the access) By accepting this permit,the undersigned Applicant,under penalty of perjury,verifies that they have received all pages of the permit application;they have read and understand all of the permit requirements and provisions set forth on all pages;that they have the authority to sign for and bind the Applicant,if the Applicant is a corporation or other entity;and that by virtue of their signature the Applicant is bound by and agrees to comply with all said permit requirements and provisions,all Weld County ordinances,and state laws regarding facilities construction. Signature Printed Name Date Approval or Denial will be issued in minimum of 5 days. Approved by Revised Date 6/29/10 Memorandum TO: Michelle Martin, W.C. Planning ICDATE: July 6, 2010 • FROM: Lauren Light, W.C. Department of Public COLORADO Health and Environment CASE NO.: RE-5034 NAME: Clapsaddle Farms LLC Environmental Health Services has reviewed this proposal to exempt 2 lots off of a 74 acre parcel. Proposed Lot A will be 5 acres in size and proposed lot B will be 69 acres in size. There are no residences located on either of the proposed lots. An individual sewage disposal system and individual well will be installed on each lot when residences are constructed. The eastern portion of proposed lot B is located in the floodplain. This department recommends not locating a septic system in that area. However, if a septic system is proposed for that location the Weld County I.S.D.S. flood plain regulations shall be adhered to. The following conditions are recommended to be part of any approval: 1. A Weld County Septic Permit is required for the proposed homes septic systems and shall be installed according to the Weld County Individual Sewage Disposal Regulations. Please note, the lot owners shall verify with the nearest Town/City or Sanitation District to determine the location of the nearest sewer line. In accordance with the Weld County Code, if a sewer line exists within 400 feet of the property and the sewer provider is willing to serve the proposed structure, a septic permit cannot be granted by the Weld County Department of Public Health and Environment. 2. The installation of any septic system within the 100-year flood plain shall comply with the Weld County I.S.D.S. flood plain regulations. In accordance with the Colorado I.S.D.S. Regulations, no septic systems shall be installed within the floodway. Please contact Weld County Public Works to verify flood plain vs. floodway. Additionally, please note the following: 1. Topographic or physical features of the proposed lot, such as ravines, ditches, streams, etc. may limit the area available for a new or replacement septic system. Prior to recording the plat the Division recommends that the applicants review the County Code pertaining to Septic Systems to assure that any installed septic system will comply with all setback requirements found in the Code. In the event the proposed lot is not of sufficient size to allow the installation of a septic system the lot may need to be enlarged. 2. This application is proposing a well as its source of water. The applicant should be made aware that while they may be able to obtain a well permit from the Office of the State Engineer, Division of Water Resources, the quantity of water available for usage may be limited to specific uses, i.e. domestic use only, etc. Also, the applicant should be made aware that groundwater may not meet all drinking water standards as defined by the Colorado Department of Public Health and Environment. We strongly encourage the applicant to test their drinking water prior to consumption and periodically test it over time. • • Print Form ts CWeld County Referral 2 1 COLORADO June 11 0 0 The Weld County Department of Planning Services has received the following item for review: Applicant Clapsaddle Farms LLC Case Number RE-5034 Please Reply By July 11, 2010 Planner Michelle Martin Project Two Lot Recorded Exemption Legal Lot B RE-3117 being part of the S2 NW4 of Section 30, Ti N, R64W of the 6th P.M., Weld County, Colorado. Location East of and adjacent to CR 49 and south of CR 6. For a more precise location, see i legal. Parcel Number 1475 30 000004 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. ❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan ❑x We have reviewed the request and find no conflicts with our interests. ❑ See attached letter. ❑ Please notify me of any public hearings regarding this request. Comments: Upon review of my case files and computer,no violations were noted. Signature � � $ I � �� Date 06/11/2010 Agency ning Compliance ice II +Weld County Planning Dept. +1555 N 17th Ave, Greeley,CO.80631 +(970)353-6100 ext.3540 +(970)304-6498 fax Fax sent by : 13035364753 TOWN OF HUDSON 12-10 17:47 Pg: 1/1 Weld County Referral • June 11, 2010 COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Clapsaddle Farms LLC Case Number r RE-5034 • Please Reply By July 11,2010 Planner Michelle Martin Project Two Lot Recorded Exemption Legal Lot B RE-3117 being part of the 52 NW4 of Section 30,T1N, R64W of the 6th P.M., Weld County,Colorado. Location East of and adjacent to CR 49 and south of CR 6. For a more precise location,sea • legal. Parcel Number i 1475 30 000004 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application,please call the Planner associated with the request. Please note that new Information may be added to applications under review during the review process. If you desire to examine or obtain this additional information,please call the Department of Planning Services. CI We have reviewed the request and find that fi does/does not comply with our Comprehensive Plan El We have reviewed the request and find no conflicts with our interests. ® See attached letter. Q Please notify me of any public hearings regarding this request. Comments: Signature f.r54')/..st.. 1"'a,n ) c3 t" Date 'IMO Agency 3 ?inAA'Pr Can%Ai SC?IrH"-- *Weld County Planning Dept 01355 N re Ave, Greeley,CO.80631 0(970)353-6100 ext2540 0(970)3046498 fax • • Print Form Weld County Planning Departlllenf cirHloy, GREELEY OFFICE +.;.N 287r1r RECEIVE® Weld County Referral hiDe June 11 2010 COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Clapsaddle Farms LLC i Case Number RE-5034 Please Reply By July 11,2010 Planner Michelle Martin Project Two Lot Recorded Exemption Legal Lot B RE-3117 being part of the S2 NW4 of Section 30,Ti N, R64W of the 6th P.M., Weld County; Colorado. Location East of and adjacent to CR 49 and south of CR 6. For a more precise location, see legal. Parcel Number 1475 30 000004 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information,please call the Department of Planning Services. ❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan E3 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 Chris Mettenbrink Ale ' Date 6/23/2010 Agency Colorado Division of Wildlife *Weld County Planning Dept. 01555 N 17'"Ave, Greeley,CO.80631 0(970)353-6100 ext.3540 0(970)304-6498 fax , J4. i e.l..� .. IL. .. ... . � s �• . 1 f t + '# } g !l _ ,• 4r a 1 .1 *'Iiii,, �•'I , d'a'rt so s 1 « . :11 ilk 4 vi:r x � t` is •I '•i �h s 1 • • , * 9.1,4t: 1'; r ` re 1 apt 4' i 6 _'i 7 -. 1 • e .S i -� 1 ii �'} _ . _ r-x.vae J_ _. .. a.< *iv. ( t , e 'P f 4 .../ • *u+Jr-4R'4• wu... W.k..wR ....c-. *° 'r a, . 4 ',', ,:— ). 1 i t S, c..1 1 'tall{ I5 *�, • ' .i. " ^'* p u 1. • • ' • I I . �' a F.. 3' -J? wtlt Y�'gl'^>s s!?as„'-; .4°,m}'1*/^L-_sis1' I i..W�.im."V•4.1a.�•WPi,�"w- ` "' e ate x.ir :4.o::myekipv A�Nhtt'r r+� a t4 a , . •-Apt ,.a y. 1 4 { • f ii�Sµ *1 JK i I. } f 15p ♦ .k r Y •.•. 4 •44{,4 , � , v - .. -z -r•-tr; Y I y t li' 1 . 1 • 1 A /J !R * ' 77ii Y -. •.. •. {i-erA • '44,x L � ` rr e am . S .t... . ..rte t ,r-..'' a l' r ,t..., .. ' ... •,..: 7: _..1 •-0,-.• , , , ...;,. ,.,.. . _..,_ 4. " " 40 _ I f %.; 4 - - . ..- � .,'tea- , . 4 � } If Vii: �i� / J • - - . • 001 , •- 'mit= -- = c to , E . U ..- "A... • I _ • •ww tPt . r0 I .4 J , \ 11' I +. r . / '! }I; . . yi iii 11 I - - 1 t • is '!s 1 1 •Y dlIA- - -..-- : _ *` :4. y' }, t - . 6b HO _. . . s'.C i 'W Q) _ iii • cts CO .4* -- • • 16. • • 1 3i III i '' •r j (ry .. ` ' I t I :, i { .. _ _ i1 I 1 . • • .• .4 . _ice _ • L .�-- •.r�..r.�..�..� . • .. ..�I err is I e . �1' '• h~. 4' 'sit y Y ' I • Y1?;. •:7,..., y ` •1I4 (t j •tw.. I• ,, x �" -4 '11 ' la' 3• . I - I 4 '.W•iq i _ \lei r r tii I teI K *II • .,i. .L .yq'. ra., • O k£y V. , • t-1 h S•'�.rl �1 s a r em u 4 p I , % 't Of E • IS a{ 4 1'�t •' I c - : . - h:�.a>. t. It - 3 4' t •„ 1 ! y • • 1E.1 - .-^ .,-..�--.a• _ .7. ...t-'.*P91 : , I p- • ° 4, 4% , f jFIP, k - \:. T 1 ' - . 41 k _ t _I 3 1y . 1 x S",:.• s"?.. • . 1'j ! ' ct.,4o. 1. .!°' R n i P '•• •r{ . :lSi ,r.� If •��{ b,ye' L' • .... • t Oa1 I - - . 1� ,:1 Ibl, {{•1. - !' t �_ L , l . :.�.1• r 44 4 _ I• a {r tt k, b i e % 64W ,x 01N a{ X 65W .�.: � a - € ' ' Y 1. ' ' L, d ..... - .. �.'.•{"IT LL^/+..ran, ' K t 1:=. a. L .. t y'� T I _t k. l °: ' w•,1 I I' T t r#.. i; I. I , !, ' k t t OS i Z qq Y? y d1. !Y { tom+ b ', l i^ b C. • 'i 'AI'''.{ J ?ii ♦ s� _ y 1 lit:7'A'. b y� r `", ,F,. ,. r W- S +t5•"a I • f 1,11•4:,•11.11‘‘;4• •. i I R�i fi 1 ; 3111 4 "v\ 4 : 44-”IC4$T� �1 ; r, _ t , l Ort • • rT � am« l ,. 11 r b 1 , - °-1' t4T CERTIFICATE OF CONVINCES •D COUNTY STATE OF COLORADO DEPARTMENT OF PLANNING SERVICES COUTY OF WELD The Fidelity National 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 Recorded Exemption No. 1475-30-2-RE-3117,recorded September 11,2001 at Reception No. 2882696,being a part of the South Half of the Northwest Quarter of Section 30,Township 1 North,Range 64 West of the 6th P.M.,County of Weld, State of Colorado. CONVEYANCES if none appear,so state) Reception No. 1478289 , Book 556 "Reception No. 1511940 ,Book 590 'Reception No. 1604561 , Book 683 ")Reception No. 1702110 , Book 780 Reception No. 1790932 , Book 869 'Reception No. 1996268 , Book 1056 j Reception No. 2209926 , Book 1260 j Reception No. 2824606 , Book "Reception No. 3124077 , Book 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 constructed as an Abstract of Title nor an opinion of Title,nor a guarantee of Title and the liability of Fidelity National Title Company,hereby limited to the fee paid for this Certificate. In Witness whereof, Fidelity National Title Company,has caused this certificate to be signed by its proper officer this 3rd day of June ,2010,at 8:00am. Fidelity National Title Company BC Authorized Signature Joel F Ford Dated: (cr—S — 2•Dt� ci. cu 556 " t/o�y Ainat22 1355 R9L N, 1 4ql ML8Q Am .k.wY.. THIS DEED made this 18th dal, of December 1965, by Bianchi, Ruth Andrews of the County of Weld, Beverly J. Seese, Shirley L. Seaver and Marlene Ruth Andrews - of the County cf Denver, and Laurel A. Broickler of the _runty of Weld ._:- in <..c. _ate e. Colorado, '^ for other valuable consideration. a..d ONE HUNDRED AND NO/100 DOLLARS, hereby cell and convey to .,..^RENS FARMS, o corporation organized and existing under and. by virtue o£ the laws of the State of Colorado, the following real property situate in the County of tie1d, to-wit: PARCEL 1. The East One-half (E 1/2) of the Northeast one- fourth' (NE 1/4) , and the East One-half (E 1/2) of the Southeast One-fourth (SE 1/4) , lying North of the Neres Canal in Section Fifteen • (15) , Township One North (1 N) Range Sixty-five West (65 W.) of the 6th P.M., Except: Union Paciic Railroad Company reservations, together wit '5.:3 shares of the capital stock of the Burlington Ditch Rclervoir and Land Company. PARCEL 2: That portion of the Northwast One-fourth (NW 1/4) of Section Fourteen (14) , Township One North ( 1 N) , Range Sixty-five West ( 65 W ) of-the 6th P.E., lying north of. the Neres Canal. • }t! � s • tot: 'coca 556 1478289 PARCEL 3: The Southwest One-fourC.(SW 1/4) of Section Thirteen ' (13) , 0 • hit Ono North (11 'Range Six,t •cf_t -e t`.4 West (65W) of the 6th P.M., EXCEPTING One-half St (1/_; -._re in the Northwest corner legally described as fol._eve: `s Leg?- t the Northwest corner of the snnrhwnet Quarter f Section Thirteen, thence East 363 feet , thence South fi, feet( thence West 353 feet, thence North 60 feet to point of beginning, ZS Together with ten (10) shares of the capital stock of the Burlington Ditch Reservoir and Land Company. - - t- PARCEL 4: That part of the Northeast One-fourth (NE 1/4) and the North Seven Hundred Seventy-eight feet (N 778 feet) of the Southeast One-fourth (SE 1/4) lying i+;3; East of the Box Elder Canal of Section Twenty-three arc (23) , Township One North (1 N) , Range Sixty-five Mt west (65 WY of the 6th P.M. PARCEL 5: }»' The West Thirty Acres (N 30) of the South One-half (5 1/2) of the Southeast One-fourth (SE 1/4) and the South One-half (S 1/2) of the Southwest Ono- <+.-- yourth (SE 1/4) , all being in Section Eleven (11) Y ' Township Uno Nc,rth. _ N; Range Sixty-five west pY;i (65 W) of the 5t P.M., together with 11.75 shares of the capital stock of the Burlington Ditch Reservoir and Land Company. PARCEL 6: The Northwest Quarter (NW 1/4) and the East One- half (F• 1/2) of Section Thirty (30) , Township One North (1 N) , Range Si:ay-four West (64 'W) of the 6th P.M. IN PARCEL 7: Lots 17 and 18, Block 66, TOWN OF HUDSON, Weld County, Colorado, with all appurtenances, and warrant title to the same except rijhts of way, restrictions, reservations and encinhrancon I of record. Signed and delivered this 18th day of December 1965. �/ /l4(C . or, i,emu- c-ii „3.3....0 a. ,R.,._-..u.� I • STATE OF COLORADO ) ) SS ^^'.( COUNTY OF ADAMS ) The foregoing instrument was acknowledged before me this 18th December , 1965, by Blanche Ruth Andrews, BeveF ' Ss Shirley L. Beaver, Marlene Rath Andrews and Laurel j j ,o.ler. "� i�F1�� ,tn my hand and seal -lam_' tS ` yT. -2: /p..«_ / 1�`..I� n w.Ot:� irq-wry YubltC �' i/ p yrit.7iss ion expires Sept. 27, 1957 OF CO ..' MI -.1 it.-,':rs (a- • •_ . .._.... :...;72,7„... e . 1,411 2 S Y!.X,1e! `_"ic•F%'4 .k2.'i•rtgtrtl- ,- }.14 foxtrot.Sew*. ..-::," a c Ts11 13 w7! D'1 �1-._� _xuu' ✓s31 • w•...... === ade this ss 5:,'y] day of cct ar, . __ --� .. 1.,:lw,_ .Iodize, �r-,- aof Snell. eVtray Zna-- ;r.:...••. E ' l Marlene th 1^..s?reom a:.' ti,e COvat� : :s s:'SRZSCY73 the County r � D. of rr•` ofnr • t3:S CTuw ' ±�fli. roic ler O t. - of %old. n11 int._ 7 Ze. G .�� wry,. .,may.. of I3±t'C ''•w:l 7-m1LLtt nucav ua.-. ... ` ."�G. ..L'.:`.':n a*,"_ r"c'`'; j7U.arJ�:. • -..- S.-% _ a _► riff c=r _+-?,sr c•;. nah1C cr,:� _ . ...R .- �ret Oi:c,.n v �...r.....�-. MC:r_--•r-.:4`... C�•• ',�.::'si.. :•s • »_; "ass s::':.! w.- r -- 04 �.9_t2'•.d:su .a e.. SiW wt ra laws t;:. .uvuser= _. .; SL's .ele ti:_.r '".fol innexr l *•'« :2;4::at•_ :.i1 `fie C:7;:..:t1 , '•::. u: (!n?era?o. the following real ••- a. *a`t; to-i l.t: _j The East O^.e-*,alp (n 1/2)of.•.li .(y �1=� r-, tip ^crr_��a�t !1 (Nand ,.fast O_. +-.A. 1/4), S /4a) , 1•rinc orth of w�'! C:al in 7.4 ono-fourth W Fifteen 3 (15), :.:�aawp �.., `1m- y Section 1 �\tlT1 ti ��.'n�'• , - ! of 4} F. 1117 Q Sift r-five West ± �,) ' i:on Pacific Railroad Cc;W Y reservations,N T;r 33 es of the capital .toth e: the Burlington :..* .1'..7:""'7.' 2. V �, Vii•=_`2 ;Y� 1/4) f «_t:cw :n.�.•::.n.y.-. ;It) . ....!31 �+:: � �: a.i•2. 1.„.1.71-:). .t 'ir,.t• a( C.% of t i4::� .+i\tw le TonI9i1sa " n� %"srth ( I S i ,rouge Ciattx y- • ,. �`r v(. —.P J.C. C.,?�s-hA if (3./') -.cre .. lt::i/i) cf t.S::.~tiCSS P.:. �. i :AL1CWC .. 2.h �:^. (:'fir:i2?i,.':!= C•. •Y s;rt,lE o^I 4:e.:ta:Y•'A:Ii !-hsrs,\l\�,..st .. ~•n z,qt., ' '.. :rar? South 60 `�:t! :ii:s:C'.'. ., 4. :t c" tir.ei.-cy. ? i • .,,-.• ,.,.,�,. 'L i/:,t end r .Zh Part of the ►sv:them:;: Cro-:our - . 7 „) �t r SeJen ght feet{ 7a' •.`•i:n Seven y4t1T.ir_Gs ty�`«-� 3.•..A5 +f ..f tt�s. to itho.nat One-fourth (.S:: 1/41 i n gap._ Q. il of the Box Elder Can-? of C=ctf ent6i ty�five ft ' t s;t_ ^nunnhio One North ( 1 II), R3.;=- jfeSat (65 77) of the 6tn P.M. :.:...____-__The West Thirty acres (.9 :O) of the South One-half (S 1/2) cf the Southeast One-`fourth (SE 1/4) and / • 1/2) of the Southwest Ono-fourth :he L/41, One-half (5 - - !t:t rrrwn!hit. 1 .•::far, �..�� C .. 1u?Q h ( ! 0), Rang _.. �, North ( 1 A)! Range Sixty-five went tee el v: si.., ��- ur1ingtoni itch Resort/sir and tLand he aCioopanytal t�k of the PARCR?. 6: ! wrd tea East One-half �^r hA Northwest Quarter ( +' l�4) Township One North (1 14)r • of section Thirty (30), ww••n AA S•f.,at l PNRCEL 7: lq • t , 1 �1e C 5G. TOT Si.D W , nod-U Got ICY, y� i4tr. 17 and s r 14"1 . 3 • . 1 d Jar . , ,ate w ._.a tar-ant.title 1=. 1t.""..4.` or`+, e: crpt.- ' ti.Th all ecirox .taaaaa, aad rSiK t .3rCx9^n of r.4:3:vfi a vay, r*.atric.sona. rarr'?'et1_4 ffi Aioil°';+. ' e '✓ _ I& -t± a. _`__ .C mfrs .+®_ Teal_ f n ice! Rlnlrene l Rater-, -0— _!see $ a[t 0L641 i‘ 1 `. 6hir Louise Beazer nano Mutes araTra r �� (� � � boo A 'Yaare o e irritate: I 5Ti1`.tE CY (XWRRD0 ) ) GS. ram or aoaar= n The foregoing :Instrument 'cos ac tcvlodeet. ',afore ne this ?C 4 day of Rcetmber. 1457. by Blanche M th hn.'r3•-?%1 Sond i,e Jrie ,^.enna, Shirley Louise Reimer, Marlene Ruth Isndrems ac>s Lo- l h.`.e1e Brsicxlsr. - _ 11..44 „tp8 nhond and goals _ P V. O., 'deg =vitas: • I I i . y I.t • ei•t 1::!,iir.et H0_ �!. _ .-.... -.. ..Yerel4l._ _ .. • ✓' TO fZ t..:,. f• .o Oita J(•t II . ., .. n. a li•i bete,a,i ...•71:N*.Y< ranee.!. !•C. j tl ,I , ;il il ..•^:Tern'i•ry .51•;or':•...ni I i I 1 and wasting win:^r rod by virtu•:o:ih•- .. ..' :•r (;r.I-tit',:4 i I (1 of the't:it part,ani i• E r r:a s 3 r+ III LAURT:L A. PREICKI.CR noel Gain ZIFJC::LER t t� -4. i I: •a :s1 it crow cotetf^f ;old I` II slid States of Colorado,of tbo serend inert: tj. .gyp t� WC:NEMETB+That the and party of;hl.first part,for and is con- t p ij sidernt:en+of the sum • :I aof EN piiD NO/1.00 DOLLARS, .-e II •urd other good and valuable consideration, I ▪ ..t to::is hand paid by the said'er'i>o of the r:ecood pert,the recoiit whereof is hereby cantered and edneirieJLT. : I has granted,hr.:gained,rid and ton:'.,ed red'+y these rres^^nte dohs graft,ba.oaIn,sell,toning and ee:t+'s mtto I { rr !l the said parties of the second hart,not in tearrty In common trot in joint!mane,.the survivor of ag i them,their ss t el :t and the heirs rid irelgen of such sus-tine fanner.ail ti-e fellowi.ip described to_ or parcel of land,situate,1ytn,^, I .1 • c i.; and being In ti•n CCaoty of WL}.d and State of Colorado,to titit. 1 .✓, n .._.:t !:=r.r Aat_l -- t:-:t::::...:a n.._.,.a.,• t'7,04 :an„ i. ' i .31 � v, Went Half (!des) of liai+t Galt' ("•c) or ..erthwe,t' Quarter (NW i) „' rat• Section 3(:, Tot ship 1 1 ortl,, R.an:5. 511 West of the 5th V. M. ` $1 I! II I,I LeII 1 I • • Il 1l I TGEPIFOt with ail and 'angular the 1•.ereditaments ar'epwrteaaucee thereunto belonging', or in anywise �I app. '.y,and the re raico and r�sar.inna.t®aireder and rematnden rents.testes and profits thereof•sad all I l ;ye right,title,interest,elms and reesud whter Lad of the said party of the float either in law or equity of,in and to the above bargain premises•with the tredlta.'fents and appurtenances. I TO RAVE AND TO HOW the said pessioes above hargalned and described,with the apportenaneoe,unto the i l sal,.parties of the second part,tbi surriror of them,their assigns,au:the heirs and ridges of meek stervteot for- • I ever.Arid the raid ed the fist part,for lrstf.!b successors rid assigns,does covenant,pant,bar ale end a�aaa to and wits Ins osfii p.-lies of Ili::second pars,fire inrvivor of them,t4elr astl and tlra betr+e sad as�d�as i I of rash survivor,t]sat;coed, t thesttime of t e esae�ling ar+d deilrery of these Weser+.it L waII eoteed of the pewnises 11 has good right,fall power and e d lawwfful authfect,ority to grant bs.'Fsln,se end convey the same iaice,in n ma in fnner aee nd forte sai l i afarearid,and that the same are free and dear from all!venire-or other grainy bargains, sales,Lions.tares.as l I astern ats and mctrade stet of whatever abaci or nature ..ever. Excc;.t taxes for 1973 due and payable 19711, and except reservation„, .• I� ..ectr.r tions, .,a'aemeita and i llts of windy of Peeped. 1, I r ir.the quiet and peaceable possession of the said parties of the word pert,the t r',I (� and the adorn m,ba trier premises, o.such aerelece,against all and sway %: •it I s�fully of them,astir assigns andthe heirs r•L and thereof, the p.arwn p�xm f f lawfully or to claim the._.le or c;y glint thereof,the said party of, first part sltail a�wfl{WwBRAh: i. Ft ` AND FORF,VFR DEFEND. i_III ,....,•._�..,^'.'.".:Z ",:.:ice::�.,f:Le.w:t vie:,sae caw...;UN w�r:w name ao be Berea=sub- i. scribed by obi President and its eorponsts seal to be hereunto affixed,attested by its •^Secretory,the dry and year first oboe.written. La I .-Awt13Lr•, - �, • ./�!�/ - I —A2';CREWS FARMS, INC. A + #.. sr.w.ni. T I- 1•- E e i ' 1`. •-} �JBL`se SATE OF COLORADO, ;. V rs�ounty ot._. Weldil. j. •,� ;•, before me thts 3 day of "Decenber , going Internment was acknowledged Oth • 0(y ("bye'Blanche A. Andrews as President and Marlene Andrews as Secretary of I + •• e corporation. I l' ,c,,,,n`...:.s'A My eetnr'nl ee•rmledon eapine January 7. 1973 ii, 04,• �'. •' .- wimp.,my hand and official seal. (-e:11141-/ -. ....412/1-4--, tones T+i, • mo w' '•. . : • l 1. e No.elih,wAnnsit'T oreh—Piow C ,.sale Se Selma Terre.—eel f i rules o..11141 Well w..t awls.cebs..i.—t}n f ice. t\i :., 11;7 : 61t'ii: Y 1 I 111:91) It CONN."\.\NCI' C' 'f ANDREWS FARMS, INC. , a corporation duly ei:'Ranirrl and existing under Ca and by virtue of the Ines of the State of Colorado, whose address Is Hudson, Colorado 80042. In the County of Weld, and State of Colorado, for the consideration of TEN AND NO/100 Dollars and other good and valuable consideration in hand paid, Yh n hereby sells mid conveys: %l.' '-: To IILANCIIE ANDREWS, whose address is Hudson, Colorado 80042, C an undivided 437, interest in the real property hereinafter describ,d, x I To DIARhFNI:. ANDREWS whose address is 4280 East Maplewood 1\':>,v, c, Littleton, Colorado 80121, an undivided I9%interest in the real property 1. hereinafter described. 1 rj i To InEVER!.? SEESE, whose address is 0933 Enders Avenue, San Diego, `� California 9'21'P2, an undivided 19% interest in the real ptvprrt\' I hereinafter described. I To SI IIRLEY BEAVER, whose address is 1'23 Creenwmd Drive, Indiana, Pennsylvania 13701, nn undtvi dcd 19% in the real property hereinafter described. i To-wit: the property in the County of Weld and Stale of Colorado, The East Half of the East Half of Sertion 15, Township I North, Range 63 West of the 0th P,\l, which is located North of the ?:ere.^. Canal, J also, II The East Half of the East Half of East Half of Northwest Quarter in 1 Section 30, Township 1 North, Range 0.1 West of the MP, P,M, twith all Its appurtenances, and warrant the title to the same, subject to reser- y trillions, restried'ear, casements and rights of way of record, ;I Signed this 26t1hty of July , 1976. ,, ANDREWS FARMS, INC. ` ,...... ,P..o' • liv ca 1 1 .• ., l l , c f -i , c tr:,• , ,'1 it` . Veesietent 7.< it;iz;y!,. / S I3A'rI GIF2'.oLORAD() ) ) ss. County of.Adana_ ) a 71111-6pforogoing instrument was acknowledged before re this 28O day of 14 at'1T,4Thi' L970, by Manche R,Androvs as President and Marlene An revs rM".i tury_ aFAndrews Farms. Inn, , a eerporntion, is ' - y .... l • +`r ,.,•rOPQ.i ottiry Puhlfe ' •' My m PatnRl'n expires: October 25, 1979 a t fee t itri , y i-y: uu tom -. 'A" �. R' • Recorded of-_ Un�Oil __oclock/IQ I 1 ? 1979 LV BO° 069 Rec Na. 1790932 S��4� )—$ 1 CtQ State of Culotta Weld Chum" Chili a Records/ DEED THIS DEED made this /9.- day of Yi(aM , 1979, between - cr. ANDREWS FARMS, INC CI A corporation Aly organized under and by virtue of the laws of the State of 0.2 Colorado Blanche R Andrews, Beverly J Seese, Shirley L Beaver and Marlene rn Ruth Andrews, being a majority of the surviving members of the last acting Board of Directors of Andrt- Farms. Inc , as named in the files of the Secretary of State of the State of llorado, s For the consideration of Ten and No/100ths Dollars and other valuable considera- bon in hand paid, hereby sell and convey i„ o To BLANCHE RUTH ANDREWS whose address is Hudson, Colorado 80642, o an undivided 43%interest m the real property hereinafter described, To MARLENE RUTH ANDREWS whose address is 4280 East Maplewood Way, Littleton, Colorado 80121, an undivided 19%interest in the real property PO l'ereirafter described, To BEVERLY J SEES); whose address is 8111 West 72nd Place, Arvada, Colorado 80005, an undivided 19%interest in the real property hereinafter described, To SHIRLEY I. BEAVER whose address 1s 7786 Arlington Drive, Boulder, Colorado 80303, an undivided 19%interest in the real property hereinafter described, to-wit The property in the County of Weld and State of Colorado The East Half of the East Half of Northwest Quarter in Section 30, Township 1 North, Range 64 Rest of the 6th P M with all appurtenances. and warrant the title to the same subject to reservations, restrictions, easements and rights of way of record SIGNED this //et day of Pi./ , 1979 ANDREWS FARMS INC By Att Ltt,£Iv.us_I.PIletit i vt_By 47- "- Blanche Ruth Andrews Beverl J Seese By /lac, 4,0477xr„ . i BY / j i S LTBeavei Marlene 1 t Andrews `Surviving members of the last acting Board of Directors STATE OF COLORADO ) ) as County of Denver The forcgor'g 1-s`rre^t -as acknowledged before ate tub 1nrn say of Ray , 1979. by Blanche Ruth Andrews, Beverly J Seese, Snirley L Beaver, Marlene Ruth Andrews , eacn of whom is one of the last acnng airecrors ofA4dt44ar,i Farms, Inc a°11-1S/ty t1 My Commission Expires otary Public {, V1011 s `1° ltg Wmmlawnbcona Ho t7,nil d"y a, f • AR1996268 Re B 1056 01996268 01/23/85 13:45 $3.00 1/001 be F 0864 MARY ANN FEUERBTEIN CLERK 6 RECORDER WELD CO, Co QUIT CLAIM DEED RECORDER'S STAMP Tills DEED,Made this 15th day of January .1985. between Ri.WW'RP Will ANDREWS of the 'County of Boulder and Slate of Colorado,gnntot(a).and MABIfl((E R. ANDREWS, BURLEY I. BEAVER, LAUREL A. BRICK=and BEVERLY J. BRISWAIWER whose legal address is 7786 Arlington Drive Boulder, Colorado 80303 of the Conned' Boulder and State of Colorado,grantee(s), WITNESMEfH,That the preemie),for and in nmsidmtlon of the tuna of One Collar and other Yallable consideratioh__._ -DOLLARS the receipt end suffwkney of which is hereby acknowledged,be remised,released.sold,conveyed and QUIT CLAIMED,and by these presents does remise.Mkase.sell.convey and QUIT CLAIM unto the grankc(s), their heirs.successors and assigns, (orever,all the right,title. Interest, claim and demand which the wantons)has in and to the real property,together with impmsemeNs,irony.situate.lying and being in the County of Weld andStaieof Colorado,described as follow All of my forty-three percent (43%) interest in and to the following described property: Ito East Half of the East Half of Northwest Quarter in Sectiat 30, Township 1 North, Range 64 West of the 6th P.M. also known by street and number as: 10 HAVE AND TO HOLD the sane,together with all and singular the appurtenances and parileges thereunto belonging or In anywise Meteorite appertaining.and allow Aran.right.etc.Interest and claim whatamer,tithe graoteds),eider inIowa equity,to the only proper use,benefit and behoof of the grantee(s), their heirs and assigns forever. IN WITNESS WHEREOF,Thegramen(s)haS ext.uted this deed on the date scl/fon af�bore.. il& 1861 n Cl1"Ai1DieR8� Arm dagjA • STATE OF COLORADO, l ns. County of )) Toe foregoing Instrument was acknowtedgedbefort the lathe Countyaf State of Colorado .this 15th dayof January .1985. by Blanche Rath Andrews. My commission expires .19 .Witness my hand and official seal. My re00lnlaton Weis Jen.0.1955 •....cos y0 • 0121 o' ravY net. -�i a P ,a7 ar ': elf is Denser,insert"City and." '.ttil4P aW1Vv No.933,Rev.I-84. QurrcesoiDEE ams.awa.ue,.3aasw.Si M...ra,.,.d.W SON!—tamtsaats on AR2209926 41,1260 REC 02209926 04/04/90 15:21 •5.00 1/001 F 0687 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO QUIT QLAIM DEED ateTHIS DEED,Made this ok��day of March ,19 90, ads Doetmentaty Fee• between Shirley L. Beaver, Marlene Ruth Andrews, a/k/a DBffiK44�'�L Marlene R. Andrews, Beverly J. Setae and Beverly J. Briswalter of the *County of and State of Colorado,grantor,and David E. Breickler and Laurel A. Breickler whose legal address is P.O. Box 424 . Hudson, Colorado 80642 of the County of Weld and State of Colorado,grantees, WITNESSETH,That the grantor,for and in consideration of the sum of Eighteen Thousand and no/100 DOLLARS the receipt and sufficiency of which is hereby acknowledged,has remised,released,sold,conveyed and QUITCLAIMED,and by Slue presents does remise,release,sell,convey and QUIT CLAIM unto the grantees,their heirs,successors and assigns forever,not In tenancy incommon,but in joint tenancy,all the right,title,interest,claim and demand which the grantor has in and to the teal pmpeny, together with improvements,if any,situate,lying and being in the County of Weld and State of Colorado,described as follows: E1/2 El/2 NW1/4 Section 30, Township 1 North, Range 64 West. One (1) acre in the Northwest corner of SW1/4 Section 14, Township 1 North, Range 65 West, lying North and West of ditch. also known by street and number as: Vacant land. TO HAVE AND TO HOLD the same,together with all and singular the appurtenances and privileges thereunto belonging or in anywise thereunto appertaining,and all the estate,right,title,interest and claim whatsoever,of the grantor,either in laworequity.to the only proper use,benefit and behoof of the grantees,their heirs and assigns forever.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 WHERE The:..nu has executed this deed on the date set forth above. please Ara ? Be rly e � ee • ff,r, 'r 9ne v An -Ff. Be ly_J. lter a a arlene uth Andrews - Shirley f . Beaver STATE OF COLORADO, az. Canty of Adams µ, The foregoing iastument was acknowledged before me this.4--1 I day of March .1990 by Marlene R. Arnold, Marlene R. Andrews, Marlene Ruth Andrews, Beverly J. Seese, Beverly J. Briswalter and Shirley L. Beaver Myeommiasion expirtsbus -1 ha..L ('3 a ,1911-tress my hand and official seat 1,C, � Arad ''If m"benver,'insert"City and." No.961,W.SAL QUIT CLAIM MID no btu law) eamawahwa.lanw.w.w...t,a..,m,wamw_tmtnaaaao 747 11111111111 IIiii 111111 III 11111111 III 11111 liii IIII • 6 U,(•� 2824606 02/07(2001 03:44P JA Sukl Tsukamoto 1 of 1 B 5.00 0 0.00 Weld County CO QUITCLAIM DEED THIS DEED,made this 5th day of February .2001 between David E. Breickler and Laurel A. Breickler of the 'County of Weld and State of ,grantor,and David E. Breickler and Laurel A. Breickler whose legal address is P.O. Box 424, Hudson, Colorado, 80642 of the County of and State of ,grantees: WITNESS,that the grantor,for and in consideration of the sum of Title purposes only - No consideration DOLLARS, the receipt and sufficiency of which is hereby acknowledged,has meted,released,sold and QUITCLAIMED,and by these presents does remise,release,sell and QUITCLAIM unto the grantees,their heirs,successors and assigns forever,not in tenancy in common but in joint tenancy,all the right,title,interest.claim and demand which the grantor has in and to the real properly,together with improvements,if any, situate,lying and being in the County of and State of Colorado, described as follows: S 1/2, NW 1/4 Section 30, Township 1 North, Range 64 West of the 6th P.M. Vacant Land also known by street and number as: assessor's echeduk or parcel number. TO HAVE AND TO HOLD the same,together with all and singular the appurtenances and privileges thereunto belonging,or in anywise thereunto appertaining,and all the estate,right,title,interest and claim whatsoever of the grantor,either in law or equity,to the only proper use,benefit and behoof of the grantees.their heirs and assigns forever. The singular number shall include the plural,the plural the singular,and the use of any gender shall be applicable to all genders. IN //� [ W�ITNESSWHEREEOF the grantor ties executed this deed on the date set forth above. David E. Breickler Laurel A. Breickler n/ • STATE OF COLORADO a. County of Adams r /,,,�, The foregoing instrument was acknowledged before me this ' day of Ff ft w""j, ,20 01 . by Davi&E. Breickler and Laurel A. Breickler Witness my hand andofhefal ?;..,.....,��w My commission expires: S/ 1'00 s_' 1 9 I 'ttiA 'fa { / R'U"L i] :7/714.-711.4..-•---".'" Klsnperysni 415; 8iQ'f: Mary r.ebr � zl Nam rte Adesn Naas Crating Newly Gaud lap D=,whn IIHJSle.s.Caa.1 Na.962.Rev.494. QUITCLAIM DEED Op Joint Tuns) ',IN', Bradford RIMS,a1,043 Wane Si.Dense.CO 10202-1092924500—wwwbodfordpublishirmcorn—60D I11111it1111111l�lliii1111111111111111111I • 3124077ll p1110512003 1.00 0 21 03:49P PS Moreno County, 003 Recorder 077 WARRANTY DEED � TIIIS DEED, Made this �� day of IVtvttn / "",i{ 003• between David E. Breickler and Laurel A. Breickler of the County of Weld and State of Colorado grantor,and Clapsaddle Farms, LLC, a Colorado Limited Liability Company whose legal address is 9820 Wolff Court, Westminster, CO 80031 of the County of Adams and State of Colorado .grantee: WITNESSETH.That the grantor,for and in consideration of the sum of TWO HUNDRED FORTY FIVE THOUSAND AND NO/100 DOLLARS.($245,000.00 ), the receipt and sufficiency of which is herehy acknowledged,has granted,bargained,sold and conveyed,and by these presents does grant,bargain,sell,convey and confine.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 ,and State of Colorado, described as follows: Lot B of Recorded Exemption No. 1475-30-2-RE-3117, recorded September 11, 2001 at Reception No. 2882696, being a part of the South Half of the Northwest Quarter of Section 30, Township 1 North, Range 64 West of the 6th P.M., County of Weld, State of Colorado , and; See continuation to Legal Description, Dchibit "A", attached hereto and incorporated herein. also known by street and number as Vacant Land WCR 49, Hudson, CO 80642 TOGETHER with all and singular the hereditunents and appurtenances thereunto belonging,or in anywise appertaining,mid 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 heredit mends and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described,with the appurtenances,unto the grantee,his heirs and assigns forever. And the grantor,for himself,his heirs and personal representatives,does covenant,grant bargain and agree to and with the grantee,his heirs and assigns,that at the time of the 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 as aforesaid,and that the same are free and clear from all former and other grants,trergains,sales,liens,taxes,assessments, encumbrances and restrictions of whatever kkimppp or nature soever,except for taxes for the current year,a lien but not yet due and payable,and those specific Exceptions-described by reference to recorded documents as reflected in the Title Documents accepted by Buyer In accordance with section Sa[Title Review],of the contract dated May 2, 2003 between the parties.**Reservations and Easements The grantor shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable posses- sion of the grantee,his 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. IN WITNESS/�WHEREOF.the grantorhas executed this deed on the date • _ set forth above. David E. Breickler Laurel A. Breickler STATE OF COLORADO - 7 )ss. COUNTY OF�,fµ 1 1fY 1U/ ) z� / / f� T - instrument was acknowledged before me this k f day of No Van 003 by r up,.C'- eickler and Laurel A. Breic ler n'1 �Ryy h hoo mess my andPfhi/y��sceal omrmsbon � . { 'l.[fin II/)t Notary Public ...�� O11:9_0Fllee UO590r6Ace 4( W w •. ••,R+•.•':�YM1Wo[TerNo aerarJ)geRwwol • • • CONTINUATION TO LEGAL DESCRIPTION, EXHIBIT A TOGETHER WITH all water and water rights, well and well rights, tributary, non-tributary and not non tributary, appurtenant to the property for domestic, livestock, and irrigation as customarily used with or upon the above described real estate, and; TOGETHER WITH Colorado Division of Water Resources Irrigation Well Permit No. 5999-F subject to the Well Use Agreement executed by the parties and recorded contemporaneously with this deed, and; With respect to Well Permit No. 5999-F and any water and water rights associated therewith, said property is conveyed without representation or warranties, except as to title which is warranted, and; SAVING AND RESERVING unto Grantor, Half (50 percent) of all mineral rights owned, including oil and gas, oil and gas rights, and hydrocarbons, for a period of 10 years and thereafter for so long as commercial production shall exist. r 96'4. gedliftors? 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INIT1 114Y1M3 IN Wok 013 1 d 2 111 CUB IMO Ynee tlllt i liada WARRANTY DEED TIMME *it* . dat Ur U P'V. hales Arvid E.Iaai.rslu tma-1 A. Pre:ckler • • ofte aucty of told ai9.hd Co:o:ado i pat clawadn-le?arts, LCD', a Ccicted°Liaitad ability Capany %taahpladketia 9820 Wolff Court, Cestaiester, CO 80031 al Lb ccenty of Ades atl5Ydrd Colorado pans. RTnItSall1.Tag kpram kiwis coadmeretf'k®d TO @tdr(977 r `^t FIVE "MI XT_ AI®M3/1CD -D0ILA I(5215,X0.OD ). to=Oa:diary d slit aIsla"xhodelgalha pail tailed;odaicomet mil hat riotpook 4(13914 taps.a( ed adm nb k patalii tear ad wiles tam al tool popy to ei wpram d a d cf.ante Ipil a and halite Carty of Held ,ad Jlta of Crimea dagikeiatalon Lot B.f Rexrded Exemption No. 147S-10-2-RE-J117, recorded September 11, 2301 a:Reception St. ?802196, being a par:of tae South Half of the Xort1 : Winer of 3ectict 30, l'conttip:3 8crh, Range 66 Kest of the 6th P.X., ,}' Calmly oO tread, State at Coa-acs.,and;gee aXitimatios to tidal.i itrtpt z1, Hd'.lbit'Ae,attached hereto and itsuperated testis. 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La-gel A. 3eir-tler Gec_c E. Braid er C!tTEOf CVLOWOas. MOW Efbla 1Estieen �d �CC3 q n se la data !111 bat eickle:Band Laael a. B eictler QA"'74(r .4/1 /1005 MY. 1 aunt* t,�i L\Y•��a7) -1.i la allow — ryapyemeA parVr6 • • 4 OF COlO DEPARTMENT OF NATURAL RESOURCES e $' DIVISION OF WATER RESOURCES �BTS *� Bill Ritter,Jr. Governor June 14, 2010 Weld County Planning eke R[(il"`Director GREELEY OF5I�kEy'olfe,P.E. Director/State Engineer Ms. Michelle Martin )UN 1 7 2111(1 Weld County Planning Department 1555 N 17th Ave. RECEIVED Greeley, Co 80631 Re: Exemption from Platting-Clapsaddle Farms, LLC Case No. RE-5034 S1/2 NW1/4, Sec. 30, TIN, R64W, 6th P.M. Water Division 1, Water District 1 Dear Ms. Martin: We have reviewed the above referenced proposal to create by exemption two lots of 5 acres (Lot A) and 69 acres (Lot B). The water supply for Lots A and B will be supplied by new individual on-lot wells. Since the submitted material does not appear to qualify as a "subdivision" as defined in Section § 30-28-101(10)(a), C.R.S., pursuant to the State Engineer's March 4, 2005 memorandum to county planning directors, this office will only perform a cursory review of the referral information and provide comments. The comments will not address the adequacy of the water supply plan for this development or the ability of the water supply plan to satisfy any County regulations or requirements. In addition, the comments provided herein cannot be used to guarantee a viable water supply plan or infrastructure, the issuance of a well permit, or the physical availability of water. Since these lots are to be created through an exemption from the subdivision regulations they may qualify for new residential well permits. The ability for proposed Lots A and B of RE-5034 to obtain well permits will be evaluated at the time that the well permit applications are submitted. Should you have any questions in this matter, please contact loana Comaniciu of this office. Sincereiy, / • iL Joa na Williams, P.E. grater Resource Engineer JMW/IDC Office of the State Engineer 1313 Sherman Street,Suite 818 •Denver,CO 80203• Phone:303-866-3581 •Fax:303-866-3589 www.water.state.co.us Hello