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Address Info: 1150 O Street, P.O. Box 758, Greeley, CO 80632 | Phone:
(970) 400-4225
| Fax: (970) 336-7233 | Email:
egesick@weld.gov
| Official: Esther Gesick -
Clerk to the Board
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20103127.tiff
pMunicipal Subdistrict Northern Colorado Water Conservancy District 220 Water Avenue• Berthoud,CO 80513 •970-532-7700• fax 970-532-0942 RECEIVED FEB 21 ,ni? February 14, 2012 Weld tlou,., department .P, FICE Mr. Kim Ogle Planner Manager Weld County Planning Department 1400 N. 17th Avenue Greeley, CO 80631 Dear Mr. Ogle: Enclosed for your records are recorded copies of Court Orders including the lands described in the Court Orders within the boundaries of the Municipal Subdistrict, Northern Colorado Water Conservancy District(Subdistrict). If you have any questions, please feel free to give me a call at 970- 622-2216. Sincerely, (..-}-0,_ > Marilyn L. Conley Inclusions Administrator me Enclosures r- / -)gal 0 3 I�?'7 O8(OAi "r-- It is hereby ORDERED that upon of eo<o GRANTED receipt of this order the moving party �`o shall mail or deliver a copy to any pro �i '�, ,,� ,: * se party who has entered an appearance L' * in this action. James Hartmann • 1: ,x District Court Judge DATE OF ORDER INDICATED ON ATTACHMENT EFILED Document—District Court 237 1937CV9454 CU Went county District Court 19th JD DISTRICT COURT, COUNTY OF WELD, STATE OF Filing Date:Oct 22 2011 5:16AM MDT Filing ID:40505334 COLORADO Court Address: 901 9th Avenue Greeley,Colorado 80631 IN THE MA 1'1'ER OF THE MUNICIPAL ♦ COURT USE ONLY SUBDISTRICT,NORTHERN COLORADO WATER Case Number: 1937CV9454-S1 CONSERVANCY DISTRICT Div.: 1 Ctrm.: ORDER FOR CONDITIONAL INCLUSION OF LANDS WITHIN THE BOUNDARIES OF THE MUNICIPAL SUBDISTRICT,NORTHERN COLORADO WATER CONSERVANCY DISTRICT This matter comes on regularly before this Court on this_day of 201_,on the Motion of the Board of Directors of the Municipal Subdistrict,Northern Colorado Water Conservancy District("Subdistrict") for an Order that the hereinafter described lands shall be conditionally included in the Subdistrict. The Court,having considered said Motion and being advised of the premises, finds as follows: 1. Pursuant to C.R.S. §§ 37-45-120 and 37-45-136(2),as amended,certain owners of lands ("Petitioners")have filed with the Board of Directors of the Subdistrict ("Board") a Petition in writing requesting that such lands be included within the Subdistrict ("Petition"),which Petition described the tracts of land owned by the Petitioners and is acknowledged as conveyances of land are required to be acknowledged. 2. The Petitioners and the lands sought to be included are set forth in Exhibit I attached hereto and incorporated herein by reference. 3. The Secretary of the Board caused notice of filing of the Petition ("Notice")to be given and published in Weld County, Colorado, in which said lands are situated,which Notice stated the filing of the Petition,the names of the Petitioners, descriptions of the lands to be included, and the request of the Petitioners,and notified� all persons interested to appear at the office of the Board at the time stated in the otiFe.and4P rni ied gbu•a.ful trueQn1corrsot 1 co0Y;o4J4e grigM,Wi4 in my cyustody, (-) /� —7/; Date" ( .k ERI1 L. VIE KE1t IIIIIIIIIIIIIIIII111111IIIIIIIIII111111 III 1111111111III UEu< .%At Le ; ''CCurt 3807890 11/23/2011 02:1213 Weld County, CO Deputy of a &R 26.00 D 0.00 Steve Moreno Clerk&Recorder show cause in writing, if any,why the Petition should not be granted. 4. The Board, at the time and place so mentioned,proceeded to hear the Petition. No objections to the Petition were presented in writing or orally by any person,and the Board granted the Petition on certain conditions and made and filed herein its Order to that effect. WHEREUPON, THE COURT ORDERS that the said lands described in Exhibit 1 attached hereto, shall be and are included in the Municipal Subdistrict,Northern Colorado Water Conservancy District, conditioned on future payment of all mill levies and assessments which are levied or which will be levied on other similarly situated lands in the Subdistrict at the time of inclusion of Petitioners' lands. If such payments are not made on such equal basis with similarly situated existing lands,Petitioners' lands are subject to exclusion for noncompliance with this condition, if the payments are not otherwise made. DATED this day of , 2011. BY THE COURT JUDGE 2 1111111111111113I 1111111 IIII Ililll III 1111111111111 3807890 11/23/2011 02:12P Weld County, CO 2 of 4 R 26.00 D 0.00 Steve Moreno Clerk& Recorder EXHIBIT 1 PETITIONER DESCRIPTION Plumb Ridge LLC A tract of land situated in Section 36,Township 5 North,Range 64 West of the 6h P.M., County Of Weld, State'of Colorado described as Lots A,B and C of Recorded Exemption NO.0963-36-2-RE5024 as recorded in Rec. No,3725088. 43±Acres 11111\LL\L%1111111III1111111III\111111IIIIIIII%\it 3807890 1112312011 0212P Weld County, CO 3 of 4 R 26.00 D 0.00 Steve Moreno Clerk&Recorder This document constitutes a nibue of the court and should be neared as sucL. Current Date: Oct 22,2011 Case Number: 1937CV9454 Case Name: In the matter of:NORTHERN CO WATER CONSERVANCY /s/Judge James Francis Hartmann 111111111111111111 III 1111111 IIII 111111 III IIIII IIII IIII 3807890 11/23/2011 02:12P Weld County, CO 4 of 4 R 26.00 D 0.00 Steve Moreno Clerk& Recorder o co,, It is hereby ORDERED that upon �q.� _ _o GRANTED receipt of this order the moving party o'' shall mail or deliver a copy to any pro �l/lJJ * �! _ * se party who has entered an appearance 'F i 16* in this action. James Hartmann District Court Judge DATE OF ORDER INDICATED ON ATTACHMENT EFILED Document—District Court 8%O� 1937CV9454 cO Well county District cou}t,19t DtreGt DISTRICT COURT, COUNTY OF WELD, STATE OF Filing Date:Oct 27 2011 Ig:o fit) Q0 and c�tody. Filing ID:405 Pied° final m,UQ)cu., COLORADO COPY 01eheltirg if Court Address: 901 9th Avenue gatC I�k Greeley, Colorado 80631 *bond,tr , dthe Cnr, CePutY eV taa'`" IN THE MATTER OF THE MUNICIPAL _ A COURT USE ONLY SUBDISTRICT,NORTHERN COLORADO WATER Case Number: 1937CV9454-S1 CONSERVANCY DISTRICT Div.: 1 Ctrm.: ORDER FOR CONDITIONAL INCLUSION OF LANDS WITHIN THE BOUNDARIES OF THE MUNICIPAL SUBDISTRICT,NORTHERN COLORADO WATER CONSERVANCY DISTRICT This matter comes on regularly before this Court on this day of 2011, on the Motion of the Board of Directors of the Municipal Subdistrict,Northern Colorado Water Conservancy District("Subdistrict")for an Order that the hereinafter described lands shall be conditionally included in the Subdistrict. The Court,having considered said Motion and being advised of the premises, finds as follows: 1. Pursuant to C.R.S. §§ 37-45-120 and 37-45-136(2), as amended, certain owners of lands("Petitioners")have filed with the Board of Directors of the Subdistrict ("Board")a Petition in writing requesting that such lands be included within the Subdistrict ("Petition"),which Petition described the tracts of land owned by the Petitioners and is acknowledged as conveyances of land are required to be acknowledged. 2. The Petitioners and the lands sought to be included are set forth in Exhibit I attached hereto and incorporated herein by reference. 3. The Secretary of the Board caused notice of filing of the Petition ("Notice")to be given and published in Weld County, Colorado, in which said lands are situated,which Notice stated the filing of the Petition,the names of the Petitioners, descriptions of the lands to be included, and the request of the Petitioners, and notified all persons interested to appear at the office of the Board at the time stated in the Notice and to 1 111111111111 IIIIIII II"Ural 'll"I III IIIII II I I"I 3807888 11/23/2011 02:12P Weld County, CO 1 of 4 R 26.00 D 0.00 Steve Moreno Clerk& Recorder show cause in writing, if any,why the Petition should not be granted. 4. The Board,at the time and place so mentioned, proceeded to hear the Petition. No objections to the Petition were presented in writing or orally by any person, and the Board granted the Petition on certain conditions and made and filed herein its Order to that effect. WHEREUPON, THE COURT ORDERS that the said lands described in Exhibit 1 attached hereto, shall be and are included in the Municipal Subdistrict,Northern Colorado Water Conservancy District, conditioned on future payment of all mill levies and assessments which are levied or which will be levied on other similarly situated lands in the Subdistrict at the time of inclusion of Petitioners' lands. If such payments are not made on such equal basis with similarly situated existing lands,Petitioners' lands are subject to exclusion for noncompliance with this condition, if the payments are not otherwise made. DATED this day of , 2011. BY THE COURT JUDGE 2 111II1 11111 1111111 I I 1111111 1111 111111 I I 1111111111 I I I I 3807889 11/23/2011 02:12P Weld County, CO 2 of 4 R 26.00 D 0.00 Steve Moreno Clerk& Recorder This document constitutes a ndeue of the cciurc and should be treated as such. Current Date: Oct 27,2011 Case Number: 1937CV9454 Case Name: In the matter of:NORTHERN CO WATER CONSERVANCY Is/Judge James Francis Hartmann 111111 till\\\%\tI IIIW�I\\I%\III li ii 1%it 3807889 1112312011 3 of 4 R 26.00 D 0.00 Sieve Moreno Clerk Recorder Exhibit 1 PETITIONERS DESCRIPTION Scott Busker A tract of land situated in Sections 19,20,29&30,Township 2 North,Range 66 West of the 6" P.M., County of Weld,State of Colorado described as beg. at the NE cor.of Sec.30;th. S. 89°44'08" W. 785.60ft to the POB; th. N. 00°15'52" W. 30ft to a pt. on the N. r/w In. of Co. Rd. 18; th. alg. sd. N. r/w as fol.:N. 89°44'08"E.786.60ft;th.N.89°41'10"E.2645.22ftto apt.lying 30ftN.of the N'''A cor.of Sec.29; th. S. 00°05'54"E. 30ft to sd.N'A cor.;th. S. 00°05'54"E. 30ft to apt. on the.S.r/w In.of Co.Rd. 18;th.S. 89°41'10"W.2645.04ft;th.S. 89°44'08"W. 119.84ft;th. S.00°34'19"E.490.35ft;th.S. 89°39'28"W.783.0811;th.N.53°03'48"W.207.54ft;th.N.39°23'20"W.74.71ft;th.N.00°24'00" E. 103.98ft;th.N.43°50'15"E. 156.23ft;th.N.60°24'25"E. 245.99ft to the PUB. 14.99 Acres 1111111 11111 1111111 III 11111111I III 11111 Ell IIII 3807889 11/23/2011 02:12P Weld County, CO 4 of 4 R 26.00 D 0.00 Steve Moreno Clerk& Recorder --4n a m� "o t — E l'. O. c 0, pp OOttotto a-n of D t n a !6 `bib Y p k a' 6 e'�l N3lR : @ p EdU N; _� gge Ip $ p 4. g g`e lS 6 p Il W a o e 4 III! 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O C 1.1.38 / oj55" V,~y GD 1801 V ION "� I KZ 39`01 6SC 0009 .U13,111H ANY / ` x ° LS'1S€4 3.9‘,O.68$ \ .W DOC / rZl 098851 3.91,[4895 (J (/1 \ 8 8 LII k W 0, st ,8 : ;• 74 18 o 5 39'299Z 3.91,55.605 �I m Q er 135 80 ONNO3 135 NO 03103 '₹ F ,y 'JNIHION NOW50d 03.181131V3ONINIO4 NOIll50d Q3111n]lr] i b zo o O p 4538 h9 DOWN 'NINON S 453M 19 30NVN 'HLOON IN `X'tt W'C' 11X5)801'9C NOLL]3S 830800 S 11X50801 '9£ NO18014 Dt l g H1N33U(IS-300 H1NON113403] 1130000 HW3300.S-300 HINON n U 1(1 W 14 WZ Vein m co 94 'J (1331 NI ) N o iy₹aa6VgI x 001-I3 014, 001 00 lo o g33 33,35]IHdNO m b 3.6" _ n i l imil ti 8 I € 6 g 8 "S MONS It a 01341 11813 NI ONI0ND M013B �7 Q *13 195 %.Z 1N31V ONI1OY z ,L dVJ 'Watt.r/4 € Y ONnN �8 0 • 0 NI 113 Ylntt /1. z Y 141101 III 'IS3M 19 30NYN 'N1H0N 0 1138*9 39NW 'HINON S 11X50801 '9f NOLL]35 S dIH5NM01 '9€ NOILO3S �$s 831.8010-3-NOHIUON 838603 NOIu35153tN1IHON� IOSCZ Sl ;p 9C SfID ≥_g= SO'Yt9Z 3.45,61.695 � -+- ti LOI DS1d °J 6Z 9Z 3 _ Mal NS1 A 3 9661.mats 8991[NS1 'NCI IVN3��' a 8 lxill Y SZ X _r,. y FFgg$8$$ [ OZ.; DEPARTMENT OF PLANNING SERVICES RECORDED EXEMPTION ADMINISTRATIVE REVIEW COLORADO Applicant: 70 Ranch LLC RE-5024 Planner: Ogle c/o Robert A. Lemke Legal Description: Lot B RE-1695; being part of the W2 Section 36, T5N, R64W of the 6th P.M., Weld County, CO. Parcel ID#: 0963-36-3-00-025 Lot A Size: 13 +/- acres Lot B Size: 13 +/- acres Lot C Size: 13 +/- acres Lot D Size: 156 +/-acres Water Source: Sewer System: Septic Criteria Checklist Yes No X 1. Conforms with Chapter 22 of the Weld County Code and any adopted municipal plan. X 2. Compatible with the existing surrounding land uses. X 3. Consistent with the intent of the zone district. X 4. Consistent with efficient and orderly development. X 5. Complies with Recorded Exemption standards in Section 24-8-40 of the Weld County Code. X 6. Provides for adequate protection of the health, safety, and welfare of the inhabitants of the neighborhood and the County. Approved with Conditions The Weld County Department of Planning Services has determined through an administrative review that the standards of Section 24-8-40 of the Weld County Code have been met. This Recorded Exemption is approved with the following conditions in accordance with information submitted in the application and the policies of Weld County. 1. A Weld County septic permit is required for any proposed home. The septic system shall be installed according to the Weld County Individual Sewage Disposal System (I.S.D.S.) regulations. 2010-3127 2. The applicant has proposed a well as the source of adequate water for Lots A, B, C and D. Property owners are advised that the quantity of water available for usage may be limited to specific uses, i.e., "Domestic Use Only," etc. Because each situation is unique, the Department of Planning Services encourages property owners to contact the Office of the State Engineer, Division of Water Resources (1313 Sherman Street, Room 818, Denver, Colorado 80203. Phone 303-866-3581), to discuss each individual situation. 3. The West Greeley Soil Conservation District has provided information regarding the soils on the site. The applicant shall review the information and use it to positively manage on site soils. 4. Prior to recording the plat: „Xi The applicant shall submit a proposed building envelope(s) for Lot D to the Department of Planning Services for review. Upon approval by the Department of Planning Services, the building envelope shall be delineated on the plat. Additional building envelopes shall be labeled alternative building envelope. All building envelopes shall take into consideration impacts to productive farm ground as well as the location of incompatible uses, flood plain, ditches, wetlands, geological hazards, accesses, preferable locations, oil/gas easements and oil/gas structures which must meet setbacks as required by Section 23-6-10 of the Weld County Code. ar The plat shall be titled: Recorded Exemption No. 0963-36-2 RE-5024 Lots A, B, C and D shall share a residential 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. D. A 30 foot wide joint access and utility easement extending across Lot D from County Road 50, for the benefit of Lots A, B, C and D, shall be shown clearly on the plat. The joint easement shall be dedicated for the use as shown using the language set forth in the Weld County Code, Appendix 24-F.2. The easement shall be graded and drained to provide all weather access. E. 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. F. County Road 50 is designated on the Weld County Road Classification Plan as a local gravel road, which requires 60 feet of right-of-way at full build out. The applicant shall verify the existing right-of-way and the documents creating the right-of-way. All setbacks shall be measured from the edge of future right-of-way. If the right-of-way cannot be verified, it shall be dedicated. This road is maintained by Weld County. G. County Road 59 is designated on the Weld County Road Classification Plan as a collector road, which requires 80 feet of right-of-way at full build out. There is presently 60 feet of right-of-way. An additional 10 feet shall be delineated on the plat as future County Road 59 right-of-way. All setbacks shall be measured from the edge of future right-of-way. The applicant shall verify the existing right-of-way and the documents creating the right-of-way. If the right-of-way cannot be verified, it shall be dedicated. This road is maintained by Weld County. H. The applicant shall address all requirements (concerns) of the Department of Public Works, as stated in the referral response dated May 10, 2010. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. I. • The applicant shall address all requirements (concerns) of the Department of Army, Corps of Engineers, as stated in the referral response dated May 7, 2010. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. J. The applicant shall address the requirements of Weld County School District RE-7 as stated in the referral response dated May 10, 2010. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. Lots A. B and C shall comply with the two and one-half (2 1/2) acre net minimum lot size required by Section 24-8-40.L of the Weld County Code. Net acreage calculations should not include reserved road right-of-way. �' Lot D shall comply with the one-hundred twenty (120) acre net minimum lot size required by Section 24-8-20.C.3 of the Weld County Code. Net acreage calculations should not include reserved road right-of-way. M. 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. N. The following notes shall be placed on the plat: 1) All proposed or existing structures will or do meet the minimum setback and offset requirements for the zone district in which the property is located. Pursuant to the definition of setback in the Weld County Code, the required setback is measured from the future right-of-way line. No building or structure as defined and limited to those occupancies listed as Groups A, B, E, F,H, I, M and R in Section 302.1 of the 2003 International Building Code, shall be constructed within a 200-foot radius of any tank battery or within a 150-foot radius of any wellhead. Any construction within a 200-foot radius of any tank battery or 150-foot radius of any wellhead shall require a variance from the terms of the Section 23-3-10 of the Weld County Code. 2) Any future structures or uses on site must obtain the appropriate zoning and building permits. 3) Lot A, Lot B and Lot C are not eligible for a future land exemption in accordance with Section 24-8-20.C.3 of the Weld County Code. 4) All structures requiring building permits shall be located within the designated building envelope. 5) WARNING: LOTS MAY NOT BE BUILDABLE DUE TO FLOODPLAIN OR FLOODWAY DESIGNATION. Please be advised that owners of Lot(s) A and D 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 0775 C 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 6) Flood Hazard Development Permits will be required for development activities located within in the FEMA mapped Box Elder Creek floodplain. 7) 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. 8) All construction or improvements occurring in a geological hazard area as delineated by the Colorado Geological Survey shall comply with Overlay District requirements of Chapter 23, Article V, Division 2 of the Weld County Code. 9) 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. 10) Prior to the release of building permits, the applicant shall submit evidence to the Department of Planning Services that Lots A, B, C and D have an adequate water supply of sufficient quality, quantity and dependability. 11) Prior to the release of building permit, the applicant shall submit evidence of approval from the Platte Valley Fire Protection District to the Weld County Building Department. 12) Potential purchasers should be aware that Lots A, B and C may not be eligible for a domestic well permit which allows for outside irrigation and/or the watering of stock animals. The State Division of Water Resources issues all well permits. 13) 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. 14) 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. 15) 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. 16) Recorded Exemptions on adjacent properties may raise the issue of compliance with the intent of the Recorded Exemption Process. Approval of this Recorded Exemption does not guarantee approval of future applications on adjacent properties. 17) 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 29-3-20.6.13 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. 18) Any disturbance of wetlands shall require the applicant to contact the Army Corps of Engineers for permits pursuant to Section 404 of the Clean Water Act. 19) 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) 20) 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) 21) Prior to the release of building permits, the Lot owner shall verify with the nearest Town/City or Sanitation District to determine the location of the nearest sanitary sewer line. In accordance with the Weld County Code, if a sewer line exists within four hundred (400) feet of the property line and the sewer provider is willing to serve the proposed structure, a septic permit cannot be granted by the Weld County Department of Public Health and Environment. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. 22) WELD COUNTY'S RIGHT TO FARM: Weld County is one of the most productive agricultural counties in the United States, typically ranking in the top ten counties in the country in total market value of agricultural products sold. The rural areas of Weld County may be open and spacious, but they are intensively used for agriculture. Persons moving into a rural area must recognize and accept there are drawbacks, including conflicts with long-standing agricultural practices and a lower level of services than in town. Along with the drawbacks come the incentives which attract urban dwellers to relocate to rural areas: open views, spaciousness, wildlife, lack of city noise and congestion, and the rural atmosphere and way of life. Without neighboring farms, those features which attract urban dwellers to rural Weld County would quickly be gone forever. Agricultural users of the land should not be expected to change their long-established agricultural practices to accommodate the intrusions of urban users into a rural area. Well-run agricultural activities will generate off-site impacts, including noise from tractors and equipment; slow-moving farm vehicles on rural roads; dust from animal pens, field work, harvest and gravel roads; odor from animal confinement, silage and manure; smoke from ditch burning; flies and mosquitoes; hunting and trapping activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and fertilizers in the fields, including the use of aerial spraying. It is common practice for agricultural producers to utilize an accumulation of agricultural machinery and supplies to assist in their agricultural operations. A concentration of miscellaneous agricultural materials often produces a visual disparity between rural and urban areas of the County. Section 35-3.5-102, C.R.S., provides that an agricultural operation shall not be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs methods or practices that are commonly or reasonably associated with agricultural production. Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to assume that ditches and reservoirs may simply be moved "out of the way" of residential development. When moving to the County, property owners and residents must realize they cannot take water from irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water. Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice the size of the State of Delaware)with more than three thousand seven hundred (3,700) miles of state and County roads outside of municipalities. The sheer magnitude of the area to be served stretches available resources. Law enforcement is based on responses to complaints more than on patrols of the County, and the distances which must be traveled may delay all emergency responses, including law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must leave their jobs and families to respond to emergencies. County gravel roads, no matter how often they are bladed, will not provide the same kind of surface expected from a paved road. Snow removal priorities mean that roads from subdivisions to arterials may not be cleared for several days after a major snowstorm. Services in rural areas, in many cases, will not be equivalent to municipal services. Rural dwellers must, by necessity, be more self-sufficient than urban dwellers. People are exposed to different hazards in the County than in an urban or suburban setting. Farm equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center pivot operations, high speed traffic, sand burs, puncture vines, territorial farm dogs and livestock, and open burning present real threats. Controlling children's activities is important, not only for their safety, but also for the protection of the farmer's livelihood.. 5. The applicant shall submit 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 Wel my Board of County Commissioners with a staff recommendation for denial. By Date July 27, 2010 kg, Ogle 0 Planner Robert Lembke w/o Enclosures 70 Ranch LLC 5460 Quebec Street, Suite 110 Greenwood Village, Colorado 80111 Laurel Deringer w/ Enclosures Land Professionals, LLC 1707 No. Main Street, Suite 406 Longmont, Colorado 80501 • • rs DEPARTMENT OF PLANNING SERVICES 1555 North 17th Avenue GREELEY, COLORADO 80631 IWEBSII ITE: www.co.weld.co.us Co E- L: kogle@co.weld.co.us PHONE I(9710) 353-6100, EXT. 3549 FAX (970) T 3 -6498 COLORADO July 26, 2010 Laurel Deringer LandProfessionals, LLC 1707 Main Street, Suite 406 Longmont, Colorado 80501 Subject: Recorded Exemption Referral Comments and Planning Administrative Comments Dear Laurel: The Department of Planning Services' has reviewed your application and related materials for compliancy with the Weld County Code. We find that your proposed Recorded Exemption meets the intent of the Code and it has been conditionally approved by staff. We have enclosed our comments for your case. If applicable, please address all issues identified in the staff comments. Prior to submitting the Mylar, please submit two (2) paper copies of your plat for review by the Department of Planning Services' staff. Upon approval of the paper copies please submit a Mylar plat along with all other documentation required as conditions of approval. The Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder by Department of Planning Services' Staff. The plat shall be prepared in accordance with the requirements of Section 24-8-60 of the Weld County Code. The Mylar plat and additional requirements shall be submitted within sixty (60) days after the date the Administrative Review was signed or after the date of the Board of County Commissioners resolution. There is an eleven (11) dollar recording fee per Mylar sheet that you will be responsible for paying to record the plat. If you need any further information, please feel free to contact me at the above address, telephone number or e-mail address. Sincere Kim PlannW Case File: 70 Ranch LLC, RE-5024 - AWELD COUNTY,COLORADO PARTMENT OF PLANNING SERVICES O 918 10711 STREET GREELEY,CO 80631 _41L______20 PHONE:970.353.6100,EXT.3540/FAX:970.304-6498 Date: i,; Receipt No. { . "' 7 Received From: , r c Permit Type No. Description Fee 4221-RE/SE 4221-ZPMH 4221-USR 4221-SITE PLAN REVIEW 4221-CHANGE OF ZONE 4221-PUD 4221-MINOR/MAJOR SUB #OF BUILDABLE LOTS 4221-ADDITIONAL 30% FEE FOR SUB's 4221-RE-SUBDIVISIONS 4221-BOA 4221-FHDP/GHDP 4430-MAPS/POSTAGE 4430-COPIES 4730-INVESTIGATION FEE 6560-RECORDING FEE MISC. ❑CASH C CHECK NO. . TOTAL FEE Receipted 6r DL# O457 1 __ net. _zto -A2o WELD COUNTY,COLORADO DEPARTMENT OF PLANNING SERVICES 1555 N 17Th AVENUE GREELEY,CO 80631 PHONE: 970-353-6100, EXT. 35401 FAX: 970-304-6498 Date: /O ! tt ll 20 /0 Receipt No. 157 , Received From: t/L4A i/1,1O(1- cAjfl `yvY). liNb 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 2 s0?y 2/ I��j CASH ❑CHECK NO. ❑CREDIT CARD TOTAL FEE 2/ Receipted By: DL# Exp. I • Kim Ogle To: Laurel Deringer Cc: Janet Carter; Kim Ogle; Lin Dodge Subject: RE: RE5024 Status Good morning Laurel In follow-up to your inquiry of September 18, 2010 . . . Public Works and Planning reviewed the plat and will require one amendment. Todd Bean and Mark Drouhard met County staff on site to discuss the permitted points of ingress and egress. The Traffic Engineer for the County agreed to allow two access points, and that the southwest most access (CR59 at CR50) did not meet the minimum warrants for offset from an intersection, as such, a dangerous condition was present. The in-field determination was to require access to all parcels from a point east of the oil and gas encumbrances, with the existing agricultural access to the larger parcel, utilized for agricultural purposes only, would be from CR 59. Please have Gary amend the plat to so reflect this determination. Thank you. Kim Kim Ogle d'r' .x;r21y Pi uriing Services-Greeley Office n ori. ce-,_J, �, �i?ta).U�7�U8��'e2fey COC�;�V'1.j� ;kO,zPtOi� weld Go us K !F.c; 304(ila From: Laurel Deringer[mailto:lderinger@landpros.net] Sent: Saturday, September 18, 2010 8:04 AM To: Kim Ogle Cc: 'Mark Drouhard' Subject: RE5024 Status Kim,just wanted to get an update on redline status for RE-5024. I believe Gary Hammer submitted these last week some time. If you would please let us know we would appreciate. 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A � r � P RO REAL ESTATE & LAND USE PLANNING August 27, 2010 ' Department of the Army Denver Regulatory Office 9307 South Wadsworth Boulevard Littleton,CO 80128 Dear Mr. Carey, In response to your letter dated May 7, 2010 regarding Case No. RE-5024, the applicant does not intend to work in any aquatic site. Should the applicant work in an aquatic site in the future the applicant agrees to adhere to any requires the Department of the Army Corps of Engineers requires. Thank you, Laurel Deringer LANDPRO REAL ESTATE, LAND PLANNING, CONSULTING LANDPROFESSIONALS,LLC. 1707 N.Main St.#406 • Longmont,CO 80501 • office 970.535.4941 or 303.772.1164 • fax 303.772.1286 ■ www.landpros.net c7latte 9)alley @5chools WELD COUNTY DISTRICT RE-7 P.O. BOX 465 - KERSEY, COLORADO 80644 - 970/336-6500 - FAX 970/336-65 I I E. GLENN McCLAIN,SUPERINTENDENT August 10, 2010 Weld County Planning Department 918 10th Street Greeley CO 80631 RE: Land Dedication— 70 Ranch, LLC—RE-5024 Platte Valley Schools is in receipt of$2250.00 which reflects cash-in-lieu payment for the above referenced property and have made proper transportation arrangements regarding this property. Sincerely, e d LisutiveSer g / /O D 302092 Executive Secretary /� date ��j[/�// nJ p_ 7 L Cmi received from "�'+u"- ag2`j CO amount Z.4 rebeditlevireW4V14)---- ////n'JJJJ -/ eej for payment of 1. aCd- cY��"cC41 U Ocash O money O credit �y order card "check M r , l amount due /' amount paid from to balance *pa rc SC1152WS carne `/fir/4 <f A0-0A. — tau srua,g Sc rze7% e Jfh" , (7/ Laurel Deringer From: Donald Carroll[dcarroll@co.weld.co.us] Sent: Monday,August 09,2010 1:18 PM To: Laurel Deringer Cc: Kim Ogle Subject: RE: RE-5024, Requirement I talked with Janet our traffic engineer about this a four lot spilt, it does not need a stop/street sign. Original Message From: Laurel Deringer [mailto:lderinger@landpros:net] Sent: Monday, August 09, 2010 11:14 AM To: Donald Carroll Subject: RE-5024, Requirement Don, please let me know the final answer on your comment: "Stop sign and street name sign will be required at the intersection of WCR 50 and the Recorded Exemption easement lane." If this requirement is not removed please let me know what needs to be done to record the plat. Thank you, Laurel Deringer 1' LANDPRO 303-772-1164 Office 970-690-6142 Mobile 303-772-1286 Fax 1 • , Kim Ogle From: Donald Carroll Sent: Monday, August 09, 2010 1:18 PM To: Laurel Deringer Cc: Kim Ogle Subject: RE: RE-5024, Requirement I talked with Janet our traffic engineer about this a four lot spilt, it does not need a stop/street sign. Original Message From: Laurel Deringer [mailto:lderinger@landpros.net] Sent: Monday, August 09, 2010 11:14 AM To: Donald Carroll Subject: RE-5024, Requirement Don, please let me know the final answer on your comment: "Stop sign and street name sign will be required at the intersection of WCR 50 and the Recorded Exemption easement lane." If this requirement is not removed please let me know what needs to be done to record the plat. Thank you, Laurel Deringer LANDPRO 303-772-1164 Office 970-690-6142 Mobile 303-772-1286 Fax • • PRO_., REAL ESTATE & LAND USE PLANNING Owner: 70 Ranch LLC (formerlyApplication ClynckeMap) RE: Recorded Exemption Legal Description: PT SW4 36-5-64 LOT B REC EXEMPT RE-1695 Acres: 196 more or less h ,, w Y,giy•.. yz4.0i'A I.cop 54 {� i ,� ` ?9 r g' ,.z c $ 'as k Existing"and proposed access g , for Lot D. sed RE ExistingO&G& ":_300,,. s q t, Ittolit �,.Il rm Ag access 3 5 it d 1 4 �� - * _:./~.. "-', 4 ti -'""n a l'-- Ya ELI ='!: ^. 'ter Proposed '- Lot C 'a x , - 13 ac +- proposed Existing and II proposed access 7 , " ar for Lot A, B, C& ' a _ Proposed D. Lot D will have x. -,a = _ a, :t .' - Lot B i an easement on M i3ac+- road. Existing an e Farm t ' ':- ,)::-..i4li' ' access road. 4, Lot A Proposed i 13 at+- Walt County,Colo-radc g ! i REAL ESTATE, LAND PLANNING, CONSULTING LANDPROFESSIONALS,LLC 1707 N.Main St. #406 ■ Longmont,CO 80501 ■ office 303.772.1164 •■ fax 303.772.1286 ■ mark@landpros.net Mill -/ 1. 1 Y •I *• ,. "fib li . r ti I I 1 J J 1 It 1 ' U Z Q o - 'NM ^' N "kdAl 'SS93DV W \ • r 0 ,,` _ ._.. ._r *' . . . •• \i, I O O . \ .�wC` . ; \1/4\ O W�. . vi , -.ems_ _ _. _ T -a 1 i� (+ L v 69 uVO uNnoO Joy 1 ..1 r AlNnO0 w, v.,, e . 1 ! t a x �� 1 e, ' :....I ` ^ f4 . • �'" , !, i , 1 ;4 I • e e t/ it e. `- a r r r J 1 ' 1 • 1,..,.. Q 11 \ r i . 1 SII. I iii. r a Kit t(tst: DEPARTMENT OF PLANNING SERVICES Greeley Planning Office 1555 North 17t Avenue liD Greeley, Colorado 80631 WEBSITE: www.co.weld.co.us IC. E-MAIL: kogle@co.weld.co.us PHONE (970) 353-6100, EXT. 3549 • FAX (970) 304-6498 COLORADO June 24, 2010 Laurel Deringer Land Professionals, LLC 1707 No. Main Street, Suite 406 Longmont, Colorado 80501 Subject: Recorded Exemption, RE-5024 70 Ranch, LLC Dear Laurel: The Department of Planning Services has reviewed the narrative provided in the application materials and supporting documentation specific to the tract of land described as Lot B, RE- 1695, being part of the W2 of Section 36, Township 5 North, Rnage 64 West of the 6th P.M., Weld County. The property is located north of and adjacent to County Road 50 and east of and adjacent to County Road 59. The request is to subdivide a 195 acre parcel more or less into four parcels of 13 acres, 13 acres, 13 acres and 156 acres, more or less. The property's primary land use is agricultural production; seven oil and gas wells are located on site as well. No residences exist on the parcel at this time. Access to the property is from County Roads 50 and 59. The four existing accesses currently have a dual function of serving the agricultural and oil and gas uses on the parcel. The applicant proposes to utilize one access from County Road 50 for residential access to three 13-acre residential lots. Central Weld County Water District is the proposed water source and septic systems are proposed for sewage disposal on all lots. Parts of proposed Lots A and D are in the Special Flood Hazard Area (SFHA) as determined by the Federal Emergency Management Agency (FEMA). The portion of Lot A located within the FEMA mapped Box Elder Creek Floodplain is encumbered by an oil and gas tank battery. A portion of Lot D is located within the FEMA mapped Box Elder Creek Floodplain. However, the applicant indicates that Lot D is to remain agricultural. A FHDP is not required for agricultural activities. At such time as the owner proposes to construct a building or l place fill within the FEMA designated floodplain, a FHDP will be required. Section 24-1-30.N and Section 24-1-30.O speak to restricting or regulating building in flood hazard overlay district areas or areas poorly suited for building or construction. The Department of Planning Services' staff has concerns that the proposed division is inconsistent with efficient and orderly development and does not comply with Agricultural goals and policies of the Weld County Code. Section 24-1-30.A states that to achieve orderly and efficient development the proposed division of lands is consistent with sound land use practices as stated in Section 24-8-40.J of the Weld County Code, which by application preserves agricultural land and promotes its most productive use. The applicant's request is to create three (3) single family residential building parcels on large acreages, while retaining one large tract (156 acre) parcel for agricultural use. The additional residential parcels at this location would contribute to sprawl, row type development, which is in conflict with efficient and orderly development. The Town of Kersey is 2.5 miles to the northwest of the property. Agricultural policy A.Policy 1.1 states "Establish and maintain an agricultural land use designation to promote the County's agricultural industry and sustain viable opportunities for the future;" and, A.Policy 7.2 "Conversion of agricultural land to nonurban residential, commercial and industrial uses should be accommodated when the subject site can support such development, and should attempt to be compatible with the region." Surrounding property in the immediate area is large tract irrigated land with a viable crop production. Although the request is not for additional accesses for the property, an increase in residential land uses intensifies access usage and trip traffic significantly over what currently exists. The Department of Planning Services requests that the three 13-acre parcels be reconfigured into smaller acreages and placed in areas that will not take viable agricultural land out of production. Aerial photography indicates that the land may be flood irrigated, and further, the entire property is listed as prime agricultural land as delineated on the Important Farmlands of Weld County Map, dated 1979. Please take this request under advisement. Should your client desire to move forward with the request as presented in the case file, staff will request a hearing before the Board of County Commissioners to determine if the standards of Section 24-8-40.A through Section 24-8-40.O of the Weld County Code have been satisfied. Should you have additional questions or require clarification on any of the points presented herein, please contact this office. Thank you. Sinc O Planning Services Enclosure ec. T.Jiricek,Director T. Parko, Planning File: RE-5024 1 : - y.4-,.„ ;ii,I .,. r lam--- f y • ' if i _e � ..., 1' !• COUNTY ; .Y. '. 4r t,,..-..- __ y� �. Q,q r tip` \,\� 4`\ I �:��S9 j — I . 66 r_ w • COUNTY ROAD 59 .,�.�.� , ,� `�c r3z � ' p ,11 Y t ,,,1,, . \ : D • ,. ,. rn ...! ACCESS, TYPE -,-r- - "` O D z r r ' a! • I Ii I' j I, • i a?as s .,,,,,....,..—,.,,..,, -..f.--`,'. .:-- \ il • tulle 9)a/icy Schools WELD COUNTY DISTRICT RE-7 P.O. BOX 485 - KERSEY, COLORADO 80644 - 970/336-8500 - FAX 970/336-85 I I E. GLENN MCCLAIN,SUPERINTENDENT May 10, 2010 Weld County Planning Department 918 10th Street Greeley, CO 80631 RE: Recorded Exemption—70 Ranch, LLC—RE-5024 The Board of Education of Platte Valley School District, Weld RE-7 passed the land dedication, cash-in-lieu policy at the March 13, 2000 meeting. This policy addresses new developments and recorded exemptions that would affect the district. The policy is specifically intended for land use that will create a new residence. A cash-in-lieu payment is required for each new residential lot. It is the interpretation of the district that four new residences will be established with this recorded exemption. This policy is an effort to assist the district in mitigating the increasing capital cost of growth. Please forward this information to potential land developers and individuals requesting recorded exemptions so that they may make arrangements with the school district to satisfy the requirements of the policy. The district also requests that the land developer contact the school in regard to transportation. As the intended use is for residential development, consideration for a school bus stop needs to be examined. Please contact the district office with specific access locations and student transportation needs. Please contact my office if you have any questions. Sincerely, ti E. Glenn McClain, Jr., Ed.D. Superintendent OW/2 C'LCCLCYCtfIJ/1. . . C lllfll' Oar %2 (9n. Sk. 4 DEPARTMENT OF THE ARMY � ! CORPS OF ENGINEERS,OMAHA DISTRICT A �"- DENVER REGULATORY OFFICE,9307 SOUTH WADSWORTH BOULEVARD o• ''(;IVY ' . LITTLETON,COLORADO 80128-6901 May 7,2010 Mr. Tom Parko Weld County Planning Department Weld County Planning Department GREELEY OFFICE 1555N 17th Ave. Greeley, CO 80631 MAY 1 n 2010 RE: 70 Ranch,LLC,Case No.RE-5024 RECEIVED Corps File No. NWO-2010-965-DEN Dear Mr. Parko: Reference is made to the above-mentioned project located in the W Yz of Section 36, T5N, R64W, Weld County, Colorado. If any work associated with a project requires the placement of dredged or fill material, and any excavation associated with a dredged or fill project, either temporary or permanent, in an aquatic site, which may include ephemeral and perennial streams,wetlands, lakes,ponds, drainage ditches and irrigation ditches,this office should be notified by a proponent of the project for Department of the Army permits, changes in permit requirements or jurisdictional determinations pursuant to Section 404 of the Clean Water Act. Work in an aquatic site should be identified by the proponent of the project and be shown on a map identifying the Quarter Section, Township, Range and County or Latitude and Longitude, Decimal Degrees (datum NAD 83) and the dimensions of work in each aquatic site. Any loss of an aquatic site may require mitigation. Mitigation requirements will be determined during the Department of the Army permitting review. If there are any questions call Mr. Terry McKee of my office at 303-979-4120 and reference Corps File No.NWO-2010-965-DEN. Sincerely, Tim thy T. Car y Chief, egula ice tm • sok Kristine Ranslem From: Kristine Ranslem Sent: Thursday, May 06, 2010 3:00 PM To: 'joanna.williams@state.co.us'; leff.deatherage@state.co.us'; Barry Schaefer'; 'Doug Myers'; 'Lois Freemyer'; 'mconley@ncwcd.org'; 'Julie'; 'terry.a.mckee@usace.army.mil'; 'Joyce Wallace' Subject: RE-5024 Referral Attachments: Referal Sheet.pdf; Application.pdf We have just received a case (RE-5024) in which we ask that you review the attached material and send a referral to us by June 9, 2010. Attached is the application and referral sheet. You may send your comments to the Planner assigned to this case, which is Tom Parko (tparkoco.weld.co.us) If you have any problems or have any questions, please don't hesitate to contact me at the number below. Thank you! KrCst%v.e RelvusLe'v. Planning Technician Weld County Planning Services 1555 N 17th Ave, Greeley CO 80631 970-353-6100 ext. 3519 1 Kristine Ranslem From: Kristine Ranslem Sent: Thursday, May 06, 2010 3:01 PM To: 'Ideringer@landpros.net' Subject: Case RE-5024 Attachments: Applicant letter.pdf Please see the attached letter. K.rLst[vue rzawsLevu Planning Technician Weld County Planning Services 1555 N 17th Ave, Greeley CO 80631 970-353-6100 ext. 3519 1 DEPARTMENT OF PLANNING SERVICES 1555 N 17'"AVE GREELEY, CO 80631 IID PHONE: (970) 353-6100, Ext. 3540 FAX: (970) 304-6498 C. COLORADO May 6, 2010 70 Ranch, LLC do Laurel Deringer LANDPROFESSIONALS, LLC 1707 N Main St, #406 Longmont CO 80501 Subject: RE-5024 - A Recorded Exemption located on a parcel of land described as Lot B RE-1695; being part of the W2 of Section 36, T5N, 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 Kersey Planning Commission for their review and comments. It is recommended that you and/or a representative be in attendance at the Kersey Planning Commission meeting to answer any questions the Commission members may have with respect to your application. Please call Kersey at 970-353-1681, 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 Reason:l am the author of this document / Location:1555 N 17th Ave 'v a„/ /I J Date:2010.05,0614:4118-06'00' Tom Parko Planner Win e W APPLICATION FLOW SHEET �`P LORADO APPLICANT: 70 Ranch, LLC CASE #: RE-5024 REQUEST: Four-Lot Recorded Exemption LEGAL: Lot B RE-1695; being Part of the W2 of Section 36, T5N, R64W of the 6th P.M., Weld County Colorado. LOCATION: Approximately 2.2 miles southeast of the Town of Kersey and situated on 195+/- acres north of an adjacent to CR 50 and east of and adjacent to CR 59. PARCEL ID #: 0963 36 300025 ACRES: 195 +/- Acres Date By Application Received Application Completed 11/, Referrals listed 573 Vicinity map prepared s File assembled 67(P/ID Case logged in computer / Letter to applicant mailed Referrals mailed Field check by DPS staff _ SG 'cc? Administrative Review decision: i f r1Al (\ ►�l Board of County Commissioners hearing (if applicable) Date By County Commissioners Hearing Date Surrounding property owners notified Presentation prepared CC action: CC resolution received Date Plat recorded and filed /V �(a'o Overlay Districts Zoning Agricultural MUD Yes_ No_x_ IGA Yes_ No_x_ Airport Yes_ No_x_ Geologic Yes_ No_x_ Flood Hazard Yes_ No_x_ RECORDED EXEMPTION (RE) APPLICATION FOR PLANNING DEPARTMENT USE DATE RECEIVED: RECEIPT/AMOUNT# /$ CASE#ASSIGNED: APPLICATION RECEIVED BY: PLANNER ASSIGNED: Parcel Number: 096336300025 Legal Description: Lot B of RE-1695, being a part of the W 1/2 of Section 36,Township 5 North, Range 64 West, of the 6th P.M.,Weld County,CO. Has the property been divided from or had divided from it any other property since August 30, 1972? Yes Is this parcel of land,under consideration,the total contiguous land owned by the applicant?No FEE OWNER(S)OF THE PROPERTY: Name: 70 Ranch, LLC Address: 5460 Quebec Street, Suite 110,Greenwood Village,CO 80111 APPLICANT OR AUTHORIZED AGENT(See Below: Authorization must accompany all applications signed by Authorized Agent) Name: Laurel Deringer, LANDPROFESSIONALS, LLC Work Phone#303-772-1164 Email Address: Ideringer@landpros.net Address: 1707 N. Main St.#406, Longmont,CO 80501 Lot A Lot B Lot C Lot D Smaller Parcel Water Source Proposed Well Proposed Well Proposed Well Proposed Well Type of Sewer Proposed Septic Proposed Septic Proposed Septic Proposed Septic Proposed Use Proposed Single Proposed Single Proposed Single Existing Agriculture Family Dwelling Site Family Dwelling Site Family Dwelling Site Acreage 13+/- 13+/- 13+/- 156+/- Existing Dwellings? No No No No CQ-5‘> 02.1,97/ cft--5o 029 5- 4250 , Z9z7`I r/ b t 'if the property is vacant or unimproved,write proposed water source and proposed sewer system for each parcel in the blanks above. It' n� I (We)request that the following described property be designated a Recorded Exemption by the Weld County Board of County 4` Commissioners. I(We)hereby depose and state under penalties of perjury that all statements,proposals,and/or plans submitted with or contained within the application are true and correct to the best of my(our)knowledge. Signatures of all fee owners of property must sign this application. If an Authorized Agent signs,a letter of authorization from all fee owners must be included with the application. If a corporation is the fee owner,notarized evidence must be included showing the signatory has the legal authority to sign for the corporation. q-to Signature: Owner or Authorized Agent Date Signature: Owner or ufhorize gent Date • • RECORDED EXEMPTION (RE) QUESTIONNAIRE 1. Water supply statements addressing the following: a. Domestic use. The statement will include evidence that a water supply of sufficient quality, quantity and dependability will be available to serve all proposed lots. Proposed Lots A, B, C, D are vacant land, water will be supplied by proposed wells. b. Irrigation water: The statement will include the type and quantity of irrigation water to the site, whether irrigation water has been removed from the site and, if so, when. There is no irrigation water associated with this site. 2. A statement explaining that the proposed lots will have an adequate means for the disposal of sewage in compliance with the requirements of the underlying zone district and the Weld County Department of Public Health and Environment. A copy of the septic permit or a letter from the sewage disposal facility must accompany the application. Proposed Lots A, B, C, D are vacant land and will be a proposed septic system designed, constructed, and permitted according to WC ISDS requirements upon building permits. 3. A description of how the property is being used. When the parcel(s) is located in the agricultural zone district,the number and types of livestock and any existing improvements such as the principal residence, labor home, mobile home, manufactured home, barn, outbuildings, and oiVgas well production facilities on the property. If the property is being farmed the location of any pivot sprinklers and irrigation ditches as well as types of crops being produced. Proposed Lots A, B, C, D are vacant land. There are no animals on site. 4. A description of the location, size, present and future use of the area where the proposed new lot(s) will be created. Proposed Lot A, B, and C will be approximately 13+/-acres and are located East of and adjacent to WCR 59. It is being created to be sold as a single family residence site for future use. Proposed Lot D will be approximately 156+/-acres and is located East of and adjacent to WCR 59. It shall remain in agriculture. 5. A statement describing any unique physical characteristics on the site. If applicable, such as rock outcroppings, hills, ditches. There are no unique physical characteristics on the site. 6. A statement indicating where a primary building envelope and/or alternative building envelope will be designated on any of the lots. Building envelopes may not be necessary on lots that are smaller than 35 acres. There are no building envelopes requested. 7. Is there a business or Use by Special Review permit on the property? NO • • / PRO REAL ESTATE & LAND USE PLANNING Weld County Planning 1555 N. 17th Ave. Greeley, CO 80631 To Whom It May Concern: I have contracted with LANDPROFESSIONALS, LLC to process a Recorded Exemption application with Weld County. I authorize LANDPROFESSIONALS, LLC to represent met strghout this pr cess. \*�� k \_4„ (0,ks-, y\curc,rrc( REAL ESTATE, LAND PLANNING, CONSULTING LANDPROFESSIONALS, LLC. 1707 N. Main Street,#406 ■ Longmont,CO 80501 office 970.535.4941 or 303.772.1164 • fax 303.772.1286 • Ideringer@landpros.net • • eRecorded in Weld County,CO Doc Id: 3686097 04/09/2010 04:24 P Receipt#:7464060 Page: 1 of 1 Total Fee:$6.00 Steve Moreno, Clerk and Recorder After Recording Return to: 70 Ranch.LLC 5460 South Quebec Street Sidle 110 Greenwood Village,CO 10110 STATEMENT OF AUTHORITY Pursuant to C.R.S. §38-311-172, the undersigned hereby executes this Statement of Authority on behalf of'7C-Wain\ t,VC- ,a (.Ncsrrt n Vi)mktrit an entity other than an individual,capable of holding title to real property(the"Entity"), and states as follows: The name of the Entity is: xl \ C.\C,C\'‘ • The Entity is a: C.-\Afr'&) \\. Vcr 'l `'c'\l\, 11 Cc7r nCxj (state type of entity and state,country or other government authbrity under whose laws such entity was formed) i-t ILO . i. 1 '?'C IYJ The mailing address for the Entity is: (.- Ce—E.i.m..oror1 \rl Mcv-t' 1 n P) Sall I The name or position of the person(s) authorized to execute instruments conveying, encumbering,or otherwise affecting title to real pro erty on behalf of the Entity is: ()\'10C J . Le \ctt-,ortef _ The limitations upon the authority of the person named above or holding the position described above to bind the Entity are as follows: NC), e- (if no limitations insert'NONE') The instrument and recording information, Including the County. of the document by Nvliich title was acquired is: Other matters concerning the manner in which the Entity deals with any interest in real property are: (if no matters,leave this section blank) EXECUTED this ,1,\ c\--)_O\c BUYER: 0 Ranch,L Ro err A.Lembke, onager STATE OF COLORADO 1 55: COUNTY OF Weld The foregoing instrume t was acknowledged before me this 1 .c'U by r't �s • �-P cA1nYc.$_ rr5 r6Nr.nY.,q l d nry\ on behalf a l L' CG'(� } i"' il�'It-irn C Nn1K1R ' . ....• band and official seal. .Q'‘4.o1i4pirea on expires: API\z71 -- ^" _' / ' J L!/i Y ' i PUBUG;iFif app my Commission Expires Jury B.2011 Escrow No.597-H0259865-320-LIC2 • III LAN D P RO REAL ESTATE & LAND USE PLANNING Owner: 70 Ranch LLC (formerly Clyncke) RE: Recorded Exemption Application Map Legal Description: PT SW4 36-5-64 LOT B REC EXEMPT RE-1695 Acres: 196 more or less '"r a ' F -sir . d rr a ¢' '' : if t an- ,4 41 ' North i -!. 04 - 4 � a 1 1 itt — "-- -,,. '1.1\ _ — _ ,1--_-, Y, Existing and proposed access dei)for Lot D. Proposed RE Existing O&G & i I Lot D being - farm Ag access 156 acres + - oad. • ;-4.7., . ig ! i .1 36 "--1!‘lbLn T - - - mif lAi i Proposed i lir \ Lot C 1' 0 ' 13ac +- c (Existing and r soot!- I proposed access for Lot A, B, C & I Proposed D. Lot D will have • --w- Lot B an easement on --r 13ac+- Iroad. Existing [- . O&G, Farm Ag access road. ' . . Proposed Lot A 04 • - 13 ac+- REAL ESTATE, LAND PLANNING , CONSULTING LANDPROFESSIONALS, LLC 1707 N. Main St. #406 • Longmont, CO 80501 • office 303.772.1164 • fax 303.772.1286 • mark@landpros.net • • Weld County Treasurer Statement of Taxes Due Account Number R1250797 Parcel 096336300025 Assessed To CLYNCKE LINDA L 3228 CR 36 MEAD,CO 80542 Legal Description Sltus Address PT SW4 36-5-64 LOT B REC EXEMPT RE-1695(2.25R) Year Charges Billed Payments Balance 2009 Tax $1,362.52 $1,362.52 $0.00 Grand Total Due as of 09/1812010 $0.00 Tax Billed at 2009 Rates for Tax Area 0738-0738 Authority Mill Levy Amount Values Actual Assessed WELD COUNTY 16.8040000' $510.34 AG-FLOOD $102,856 $29,830 SCHOOL DIST RE7 12,9010000 $391.81 IRRRIGATED LAND NORTHERN COLORADO WATER 1.0000000 $30.37 AG-MEADOW HAY $1,848 $540 LAND (NC CENTRAL COLORADO WATER 0.4250000 $12.91 Total $104,704 $30,370 (CCW CENTRAL COLORADO WATER 1.3380000 $40.64 SUBD PLATTE VALLEY FIRE 2.4150000 $73.34 AIMS JUNIOR COLLEGE 6.3120000 $191.69 HIGH PLAINS LIBRARY 3.2550000 $98.85 WEST GREELEY CONSERVATION 0.4140000 $12.57 Taxes Billed 2009 44.8640000 $1,362.52 Credit Levy ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE LIENHOLDER OR TO ADVERTISING AND DISTRAINT WARRANT FEES. CHANGES MAY OCCUR AND THE TREASURER'S OFFICE WILL NEED TO BE CONTACTED PRIOR TO REMITTANCE AFTER THE FOLLOWING DATES: PERSONAL PROPERTY AND MOBILE HOMES-AUGUST 1,REAL PROPERTY-AUGUST 1. Weld County Treasurer P.O.Box 458,Greeley CO 80832 1400 N 17111 Ave,Greeley CO 80631 (970)363-3845 ext.3290 • • Weld County Treasurer Statement of Taxes Due Account Number R1250797 Parcel 096336300025 Assessed To CLYNCKE LINDA L 3228 CR 36 MEAD,CO 80542 Legal Description Situs Address PT SW4 36-5-64 LOT B REC EXEMPT RE-1695(2.25R) Year Charges Billed Payments Balance 2009 Tax $1,362.52 $1,362.52 $0.00 Grand Total Due as of 04/19/2010 $0.00 Tax Billed at 2009 Rates for Tax Arca 0738-0738 Authority MITI Levy Amount Values Actual Assessed WELD COUNTY 16.8040000' $510.34 AG-FLOOD $102,856 $29,830 SCHOOL DIST RE7 12.9010000 $391.81 IRRRIGATED LAND NORTHERN COLORADO WATER 1.0000000 $30.37 AG-MEADOW HAY $1,848 $540 (NC LAND CENTRAL COLORADO WATER 0.4250000 $12.91 Total $104,704 $30,370 (CCW CENTRAL COLORADO WATER 1.3380000 $40.64 SUBD PLATTE VALLEY FIRE 2.4150000 $73.34 AIMS JUNIOR COLLEGE 6.3120000 $191.69 HIGH PLAINS LIBRARY 3.2550000 $98.85 WEST GREELEY CONSERVATION 0.4140000 $12.57 Taxes Billed 2009 44.8640000 $1,362.52 Credit Levy ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE LIENHOLDER OR TO ADVERTISING AND DISTRAINT WARRANT FEES. CHANGES MAY OCCUR AND THE TREASURER'S OFFICE WILL NEED TO BE CONTACTED PRIOR TO REMITTANCE AFTER THE FOLLOWING DATES: PERSONAL PROPERTY AND MOBILE HOMES-AUGUST 1,REAL PROPERTY-AUGUST 1. Weld County Treasurer P.O.Box 458,Greeley CO 80632 1400 N 17th Ave,Greeley CO 80631 (970)353-3845 ext.3290 • S REFERRAL LIST Name: 70 Ranch, LLC Case #: RE-5024 County Towns & Cities Fire Districts Attorney _Ault _Ault F-1 x Health Department _Berthoud _Berthoud F-2 _Extension Office _Brighton _Briggsdale F-24 _Emergency Mgt Office - Ed Herring _Dacono _Brighton F-3 _Sheriffs Office _Eaton _Eaton F-4 x Public Works _Erie _Fort Lupton F-5 _Housing Authority _Evans _Frederick _Airport Authority _Firestone _Galeton F-6 _Building Inspection _Fort Lupton _Hudson F-7 _Code Compliance_S.-Ann_N-Beth _Frederick _Johnstown F-8 _ Kim Ogle (Landscape Plans) _Garden City _LaSalle F-9 _Lin (Addressing Change of Zone) _Gilcrest _Mountain View F-10 _Ambulance Services _Greeley _Milliken F-11 _Grover _Nunn F-12 State _Hudson _Pawnee F-22 x Div. of Water Resources _Johnstown _Platteville F-13 _Geological Survey _Keenesburg x Platte Valley F-14 _Department of Health x Kersey _Poudre Valley F-15 _Department of Transportation _LaSalle _Raymer F-2 _Historical Society _Lochbuie _Southeast Weld F-16 _Water Conservation Board _Longmont _Union Colony F-20 _Oil & Gas Conservation Commission _Mead _Wiggins F-18 _Milliken _Windsor/Severance F-17 Division of Wildlife _New Raymer South Hwy 66 (Loveland) _Northglenn Commissioner _North Hwy 66 (Greeley) _Nunn Division of Minerals/Geology _Pierce _Platteville Soil Conservation Districts _Severance _Big Thompson/ FTC _Thornton _Boulder Valley/Longmont _Windsor _Brighton/SE Weld Centennial Counties x Greeley/West Greeley _Adams _Platte Valley _Boulder West Adams _Broomfield _Little Thompson _Larimer Federal Government Agencies Other x US Army Corps of Engrs x School District RE-7 _USDA-APHIS Vet Service x Northern Colorado Water _Federal Aviation Admin (Structures Conservancy District over 200 ft or w/in 20000 ft of Pub _RR Airport _Ditch Company Federal Communications Comm _Art Elmquist(MUD Area) REFERRAL LIST NAME: • CASE NUMBER: • COUNTY TOWNS and CITIES Attorney Ault _X Health Department Brighton Extension Service Broomfield Emergency Management Office Dacono _Sheriffs Office Eaton _X Public Works Erie Housing Authority Evans Airport Authority Firestone Building Inspection Fort Lupton Ambulance Frederick STATE Garden City _X_Division of Water Resources _Gilcrest Geological Survey Greeley Department of Health Grover Department of Transportation Hudson Historical Society Johnstown Water Conservation Board Keenesburg Oil and Gas Conservation Commission _X Kersey La Salle FIRE DISTRICTS Lochbuie Ault F-1 Longmont Berthoud F-2 Mead Briggsdale F-24 Milliken Brighton F-3 New Raymer Eaton F-4 Northglenn Fort Lupton F-5 Nunn Galeton F-6 Pierce Hudson F-7 Platteville Johnstown F-8 Severance La Salle F-9 Thornton Mountain View F-10 Windsor Milliken F-11 Nunn F-12 COUNTIES Pawnee F-22 Adams Platteville F-13 Boulder _X Platte Valley F-14 Larimer Poudre Valley F-15 Raymer F-2 FEDERAL GOVERNMENT AGENCIES Southeast Weld F-16 _X_US Army Corps of Engineers Windsor/Severance F-17 USDA-APHIS Veterinary Service Wiggins F-18 Federal Aviation Administration Western Hills F-20 Federal Communication Commission OTHER SOIL CONSERVATION DISTRICTS Central Colo. Water Conservancy Dist. Brighton Panhandle Eastern Pipe Line Co. _Fort Collins X Northern Colorado Water Conservancy Dist. _X Greeley Longmont SCHOOL DISTRICT West Adams X Platte Valley RE-7 COMMISSION/BOARD MEMBER 1 (ei s Co Weld Comfy Referral . MAY 072010 COLORADO May 6, 2010 Witiolaivititliorisaptant The Weld County Department of Planning Services has received the following item for review: Applicant 70 Ranch, LLC Case Number RE-5024 Please Reply By June 9, 2010 Planner Tom Parko Project Four-Lot Recorded Exemption Legal Lot B of RE-1695, being a part of the W1/2 of S36; T5N; R64W of the 6th PM, Weld Location Located approximately 2.2 miles southeast of the Town of Kersey and situated on 195± acres north of and adjacent to CR 50 & east of and adjacent to CR 59. Parcel Number 096336300025 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. Weld County Planning Commission Hearing: N/A E We have reviewed the request and find that it does/does not comply with our Comprehensive Plan G We have reviewed the request and find no conflicts with our interests. et See attached letter. Comments: Name: l�o.�o�D CtrR�U�L Signature: Agency: P.w . Date: S//O/ao in Weld County Planning Dept. 1555 N. 17'"Avenue,Greeley, CO.80631 ;(970)353-6100 a#.3572_i(970)304-6498 fax • Weld County Planning Department � GREELEY � rr ICE (it MEMORANDUM mAv ITO: Tom Parko, Planning Services DATE: MaRgcgWED FROM: Donald Carroll, Engineering Administrator N~ COLORADO Clay Kimmi, P.E., CFM SUBJECT: RE-5024, 70 Ranch LLC The Weld County Public Works Department has reviewed this proposal. Staff comments made during this phase of the process may not be all-inclusive, as other concerns or issues may arise during the remaining application process. Issues of concern must be resolved with the Public Works Department. Our comments and requirements are as follows: COMMENTS: Weld County Road Classification Plan (FHU): (June 2002)WCR 59 is a collector road and requires an 80-foot right-of- way at full build out. There is presently a 60-foot right-of-way. This road is maintained by Weld County. Pursuant to the definition of SETBACK in the Weld County Zoning (23-1-90), the required setback is measured from the future right-of- way line. The applicant shall delineate or dedicate an additional 10-foot of right-of-way parallel to the WCR 59 right-of-way for future build-out. WCR 50 is a local gravel road and requires a 60-foot right-of-way at full build out. There is presently a 60-foot right-of- way. This road is maintained by Weld County. Pursuant to the definition of SETBACK in the Weld County Zoning (23-1- 90), the required setback is measured from the future right-of-way line. Stop sign and street name sign will be required at the intersection of WCR 50 and the Recorded Exemption easement lane. REQUIREMENTS: Road Access Policy: (Policy Established Sec. 8-2-10) If a drainage culvert is required, a 15-inch corrugated metal pipe is the County's minimum size requirement. If the applicant chooses to place a larger culvert, please contact the Public Works Department to adequately size your culvert. Contact the Public Works Traffic Engineer for new access requirement. Utilize the existing agricultural, oil and gas, and ditch roads that are necessary for your agricultural operation. Pursuant to Chapter 15, Articles I and II of the Weld County Code, if noxious weeds exist on the property or become established as a result of the proposed development, the applicant/landowner shall be responsible for controlling the noxious weeds. All vegetation, other than grasses, needs to be maintained at a maximum height of 12 inches until the area is completely developed. The 30' min. access and utility easement shall be a graded and drained road to provide an all-weather access. Lots A, B, C, & D shall share a joint access point. (WCR 50) Flood Hazard Development Standards: Parts of Lots A and D are in the Special Flood Hazard Area (SFHA) as determined by the Federal Emergency Management Agency (FEMA). The portion of lot A located within the FEMA mapped Box Elder Creek Floodplain is encumbered by an oil and gas tank battery. It is unlikely that a structure could be built on lot A that is within the floodplain. If the oil and gas tank battery is upgraded or expanded, a flood hazard development permit(FHDP) will be required. A portion of lot D is located within the FEMA mapped Box Elder Creek Floodplain. However, the applicant indicates that lot D is to remain agricultural. A FHDP is not required for agricultural activities. At such time as the owner proposes to construct a building or place fill within the FEMA designated floodplain, a FHDP will be required. • • Add the following notes to the Plat: 1. WARNING: LOTS MAY NOT BE BUILDABLE DUE TO FLOODPLAIN OR FLOODWAY DESIGNATION. Please be advised that owners of lots A 8 D 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 #080266-0775C 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. 2. Flood hazard development permits will be required for development activities located within the FEMA mapped Box Elder Creek floodplain. 3. 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. 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L, >3/4 t ' , I 4. . -. 11 T i� y •♦ , I / } y . , •- Q ♦ Y !tA o 'Jr. , S. • .4 a. q. 0 • WELD COUNTY ROAD ACCESS INFORMATION Sit Weld County Public Works Department Date: 19—/C1/ - /0 1111 H Street, P.O. Box 758, Greeley, Colorado 80632 Phone: (970 )356-4000, Ext. 3750 Fax: (970)304-6497 1. Applicant Name 0 ?) LA/0_ Phone Address M' II� City ( pfiLd VgLLyState a> Zip %I t I 2. Address or to ation of access U-1 6c\ Ocilfi (....x� - p� Section ,31(D T``ow�p�ship 5k Range Subdivision I\kt Block LA" Lot HA" Weld County Road #Si`r5i Side of Road t KJ Distance from nearest intersection 3. Is there an existing access to the property? Yes 7C. No #of accesses 4. Proposed Use: Permanent )S—Residential/Agricultural ❑ Industrial ❑ Temporary ❑ Subdivision ❑ Commercial ❑ Other **t***t**************t*************t******t**t*****************t************************************t*************tnet 5. Site Sketch Legend for Access Description: AG = Agricultural --I L_ RES = Residential 0&G = Oil&Gas Q C, D.R. = Ditch Road O = House ,� 0 = Shed AAJ p = Proposed Access I _ ' A = Existing Access -D � LIT • cila O a ,, A N c�6o7 • 7 A& 'x,33 anti, 4 eU%mw i-ar /*****:*t****************************************************************************************y,*y **/**�,✓l************ OFFICE USE ONLY: IL4K! Road ADT Date Accidents Date Road ADT Date Accidents Date Drainage Requirement Culvert Size Length Special Conditions ❑ Installation authorized ❑ Information Insufficient Reviewed By: Title: 6 Kil t ‘i.a..-H.% Memorandum TO: Tom Parko, W.C. Planning II I DATE: May 27,L2.0 • FROM: Lauren Light010, W.C. Department of Public COLORADO Health and Environment CASE NO.: RE-5024 NAME: 70 Ranch, LLC Environmental Health Services has reviewed this proposal to exempt 3 lots off of a 195 acre parcel. Proposed Lots A, B and C will each be 13 acres in size and proposed lot D will be 156 acres in size. There are no residences located on any of the proposed lots. An individual sewage disposal system and individual well will be installed on each lot when residences are constructed. There is a small section located in the southeast corner of proposed lot D which 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. This application is proposing wells 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. • • I Print Form Weld County Planning Department • GREELEY OFFICE rfit( a MAY 8 zoio � RECEIVED liliC. Weld County Referral May 6, 2010 COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant 70 Ranch, LLC J Case Number i RE-5024 Please Reply By I June 9,2010 Planner I Tom Parko Project I Four Lot Recorded Exemption Legal Lot B RE-1695; being part of the W2 of Section 36,T5N, R64W of the 6th P.M., ,j Weld County, Colorado. of the Town of Kersey and Location I aApproximately 2.2 miles soces north of and adjacent to CRt situated 50 and east of and adjacent to CR 59. For a more precise location, see legal. , Parcel Number j 0963 36 300025 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. My 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 information may be If you desire newto examine added ne o obtain this dditional information,please call the Department fcess. Planning Services. O We have reviewed the request and find that it does/does not comply with our Comprehensive Plan 'ff,21114/e have reviewed the request and find no conflicts with our interests. O See attached letter. O Please notify me of any public hearings regarding this request. Comments: Signature �` ' r�l/a��� -- -- Date C'to /u Agency E. GREELEY CONSERVATION DISTRICT +Weld County Planning Dept. +1555 N 17'"Ave, Greeley,CO.80631 4(970)353-6100 ext.3540 6(970)304-6498 fax Applicant:70 R*h Planner: Tom Pare ease # RE-5024 "' / . : t - .:- v8 ) 8 . . ......_............_ ..., .. . .... . _ _ ._ ... ,.. ..,,fr, -,. __ ...._ :._ ,.,..._.__ ........._,.#7,i.„4,_____, A,,, ._ , _.‘ . , .. ..... ...........,............,..._,... . . . . . . j ' /J . . .1. ., .. i; . .‹t. I 4 i. ; _ f+''i .."T.4.-. _ .... . ✓ t p'''e .' • � ,gyp i v Jfpy "e - ) .mss ... -6 C.Q oa Q . t r ', I:, • • i II ! 1 i I i I f 0 O N I i I ! 1 O t i E ) I! I ' 0 a3 E ! I a' 4- o I Q) U I. - .IE 71 II j O � i I 0 al O O c13 D E j ! ----I o n'ILLI I . O a) c a) I ( j I I I i I Io a ._U) E J c r. r,i I J E. E- >-. ' r = m U r- l r I c� ... ' � tom r I + icy - '� ,�'' i I f _ I3 Q) Q I -- ri3't% j— cca I Q — J io ,i, cu i ! D — c ( ! 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I . ; I1- o , • • Print Form (isct Referral Weld County• May 6, COLORADO y The Weld County Department of Planning Services has received the following item for review: Applicant 70 Ranch, LLC Case Number RE-5024 Please Reply By June 9, 2010 Planner Tom Parko Project Four Lot Recorded Exemption Legal Lot B RE-1695; being part of the W2 of Section 36, T5N, R64W of the 6th P.M., Weld County, Colorado. Location Approximately 2.2 miles southeast of the Town of Kersey and situated on 195+/- acres north of and adjacent to CR 50 and east of and adjacent to CR 59. For a more precise location, see legal. Parcel Number 0963 36 300025 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. El We have reviewed the request and find that it does/does not comply with our Comprehensive Plan ® We have reviewed the request and find no conflicts with our interests. 13 See attached letter. El Please notify me of any public hearings regarding this request. Weld County Planning Department GREELEY OFFICE Comments: MAY 2 O?pi RECEIVED Signature lil��7. Date ZO" (0 Agency +Weld County Planning Dept. 41555 N 17th Ave, Greeley,CO.80631 4(970)353-6100 ext.3540 4(970)304-6498 fax • • Weld County Referral May 6 2010 COLORADO y ' The Weld County Department of Planning Services has received the following item for review: Applicant 70 Ranch, LLC 1 Case Number RE-5024 Please Reply By June 9, 2010 Planner Tom Parko Project Four Lot Recorded Exemption Legal Lot B RE-1695; being part of the W2 of Section 36, T5N,R64W of the 6th P.M., Weld County, Colorado. Location Approximately 2.2 miles southeast of the Town of Kersey and situated on 195+/- 1 acres north of and adjacent to CR 50 and east of and adjacent to CR 59. For a more precise location, see legal. Parcel Number 0963 36 300025 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. K you desire to examine or obtain this additional information, please call the Department of Planning Services. D 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 ourInterests. D See attached fetter. El Please notify me of any public hearings regarding this request. Comments: No Problems noted. Signature y �j' f J �� Date 5/6/2010 Platte Valleyire otection District Agency +Weld County Planning Dept 01555 N 17Th Ave, Greeley,CO.80631 4(970)353-6100 ext.3540 +(970)304-8498 tax 4 •d 0684ESEOL6 %H3 13Ca3SH1 dH 1Er91 0102 90 ReW RESOLUTION OF THE BOARD OF EDUCATION OF PLATTE VALLEY SCHOOL DISTRICT RE-7 WHEREAS,growth in residential land development and the construction of new residential dwellings within the boundaries of the Weld County School District RE-7(the "District")necessitates the acquisition of additional public school sites to accommodate the corresponding increases in student populations; and WHEREAS,requiring land dedications for public school sites,or payments in lieu of land dedications will provide a portion of the land to meet such demand; and WHEREAS,planning departments within the various local governments that have territory within the District routinely refer npplictdiuu5 rotating to new development for review and comments concerning the adequacy of public school sites and facilities; and WHEREAS, local governments are encouraged and authorized to cooperate with other units of government,pursuant to Section 29-20-105,C.R.S., for the purpose of planning or regulating the development of land, including, but not limited to,the joint exercise of planning, zoning,subdivision, building,and related regulations;and WHEREAS, in an effort to promote further cooperation between the District and other local governments in connection with the issuance of residential land development approvals,and in the mitigation of the impacts of such residential land development approvals on the District's ability to provide adequate school,the District has determined to adopt a uniform policy with respect to its recommendations to such local governments in the referral process; and WHEREAS, the District has determined that the mitigation of the impacts of such residential land development approvals should occur through the dedication of land for school sites,or the payment of funds in lieu of such dedication; and WHEREAS, the policy set forth within constitutes a reasonable and uniform method of ensuring that new residential construction and residential development bear a proportionate share of the cost of public school sites acquisition necessary to accommodate the educational service capacity demands of the residents who will be living in the new dwelling units: NOW, WHEREFORE, the Board of Education of Weld County School District RE-7 hereby results as follows: I. Cooperation with Local Governments Encouraged. The ability of the District to provide adequate educational opportunities for its student population is depend&t upon,among other matters, the availability of adequate land,or in the alternative the availability of funds to purchase adequate land. Since the approval of residential land development applications by local governments with territory within the boundaries of 'the District substantially impacts the District's ability to meet its obligations to the public, the District shall encourage and request that such local government entities refer to the District all residential land development applications for review and comments concerning the adequacy of public school sites and facilities. Further,the District shall encourage and request that such local goVcrnment entities consider the District's/ comments in conjunction with the review and processing of each individual residential development application,and cooperate with the District in regard to the mitigation measures established in this Resolution. The District shall promptly review the referred development application and promptly submit its comments, recommendations and requests consistent with the policy set forth in this Resolution,to the appropriate local government. 2. Land Dedication Requirements. In connection with any pending or new application for residential land development to any local government with territory within the boundaries of the District,the District shall recommend and request that the following land dedication standards be imposed by such local government as a condition of development approval,except to the extent that the District,through its Superintendent or designee,has determined that the best interests of the District would be served by the payment of the fees set forth in paragraph 3 hereof,in lieu of such land dedication. Land shalt be dedicated to the District in an amount equal to the greater of: (a) 10 percent of the total size of the approved development,or(b)calculated at the rate of two acres for every 1,000 new residents reasonably projected by the District for the development. 3. Fees in Lieu of Dedication. In the event the District,through its Superintendent or designee,determines that dedication of land is not in the best interests of the District,the District shall recommend and request that the following fees be paid in lieu of such land dedication,as a condition of approval of the development application by the local government. The fees shall be calculated as follows: (a)$750 for each new single-family residence;(b) $585 for each unit in a duplex or triplex; and(c)$420 for each unit in a multi-family structure other duplexes or triplexes. 4. In-Kind Contributions. The District shall be authorized to accept in-kind contributions in satisfaction of the requirements set forth in either paragraph 2 or 3 hereof, provided that such in-kind contributions represent a fair equivalent in terms of the value which would otherwise be realized under the policy set forth in such paragraphs. 5. Land Dedication Procedures. In the event that the District determines that land should be dedicated to the District, the District shall recommend and request that before recording the final plat for any development,that the local government require proof that the property owner has conveyed title to the District by general warranty decd. free and clear of all liens, encumbrances and exceptions(except those approved in writing by the 2 • • District), including, without limitation,real property taxes,which shall be prorated to the date of the conveyance. The property owner shall also provide a title insurance commitment and policy in an amount equal to the fair market value of.the dedicated property. 6. Fees in Lieu of Dedication Procedures. In the event that the District determines that fees should be paid in lieu of dedication of land,the District shall recommend and request that before recording the final plat for any development,that the local government require proof that the property owner has either paid in full to the District the applicable fee based on the total number of residential units proposed for the development,or alternatively,that an agreement has been signed between the District and a party in interest acceptable to the District which provides for a means of payment of such fees upon such terms and conditions as the parties may mutually agree upon. It shall be an acceptable method of payment, for purposes of such agreements,for the fees to be paid as building permits are issued. 6. Exemptions. The District has determined that the following types of residential development do not have an adverse effect on the District's ability to provide adequate educational facilities;accordingly they are exempt from land dedication requirements or fees to be paid in lieu of land dedication: (a)alteration or expansion or replacement of a residential dwelling unit not exceeding an increase of 1000 square feet over the existing dwelling;(b)assisted living facilities for the elderly;(c)construction of any building or structure intended for and used for limited terms stays,including by way of example and not by way of limitation,bed and breakfasts,hotels, family-care or group-care homes,hoarding or rooming houses,nursing homes, hotels, motels or hospices; (d) construction of any non-residential building or structure; and(e) construction of any residential building or structure classified as housing for older persons,pursuant to the Federal Fair Housing Act then in effect 7. Use of Funds. The District shall hold or deposit in trust for public school sites all lands or funds it receives in connection with the application of the policy set forth in this Resolution. With respect to funds received,the District shall use such funds solely for acquisition,development,or expansion of public school sites or for capital facilities planning, sites acquisition,or capital outlay purposes. The timing,nature, method and extent of such planning, acquisition,development or outlay shall be at the discretion of the District. 8. Accounting for Dedications or Fees. The District shall cause to be included within its annual audit a summary and description of the status of receipts of land or fees in lieu of land dedication, so that full disclosure of the District's activities with respect to such receipts may be made public. 9. Further Actions. The District hereby authorizes its Superintendent,and such other employees, agents or consultants of the District as the Superintendent shall so designate,to proceed to contact local government entities with territory located within the boundaries of the District in order to inform such entities of the District's adopted policy. 3 • • Further, in order to ensure the long-term integrity of the policy set forth in this Resolution, such parties are authorized to proceed to negotiations with such entities directed towards achieving a formal written agreement with respect to the cooperation between such local governments and the District ADOPTED THIS L3 DAY OF ma rrh ,2000. PLATTE VALLEY SCHOOL DISTRICT WELD COUNTY RE-7 C-1-4 By: President, Board of Education ATTEST By: Secretary, Board of Education 4 • • . . ra Weld County Planning Depettret GREELEY OFFICE RECEIVED Weld County Referral 10 € May 6, 2010 COLORADO The Weld County Department of Planning Services has received the following item for review: lApplicant 70 Ranch, LLC Case Number RE-5024 Please Reply By June 9, 2010 Planner Tom Parko Project I Four Lot Recorded Exemption Legal Lot B RE-1695; being part of the W2 of Section 36, T5N, R64W of the 6th P.M., Weld County, Colorado. Location Approximately 2.2 miles southeast of the Town of Kersey and situated on 195+/- acres north of and adjacent to CR 50 and east of and adjacent to CR 59. For a more precise location, see legal. Parcel Number 0963 36 300025 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. D 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. C See attached letter. ❑ Please notify me of any public hearings regarding this request. Comments: Signature C �� Date May 10,2010 Agency Platte Valley School District Weld RE-7 +Weld County Planning Dept. ❖1555 N 17th Ave, Greeley, CO.80631 ••(970)353-6100 ext.3540 e(970)304-6498 fax PLATTE VALLEY FIRE PROTECTION DISTRICT P hora 0.2'' :3.3✓•.1k90 • .`1 i St{'fix E-.':t. k .k( e;7 O.Z r .4AffF516k Kel.i:&y, CD 80644 FACSIMILE TRANSMITTAL SHEET TO: FROM: Weld County Dept of Planning Division Chief Douglas Myers COMPANY: yyDATE_ 70 Ranch, LLC ' � h rc_ E� A 9l thA FAX NUMBER: s ° Aik ati a'91."" i LUDING COVER! F �_ ��, C 970-304-6498 (I RE-5024 _ ^. ?' URGENT FOR REiA ., : "r �,' EAST y- X PLEASE RECYCLE NOTES/COMMEN Please let us know if your fa .Thank you. 1 fey 0-,r.;, s "2' $ i'C. 'W i Otaa Doug Myers & fit Division Chief f � F 970-590-6412 Cell r 970-353-3890 ,, ' 9, s 1, £'&lsn'itt i 970-353-4890 Fax whys " Danyers@plattevalleyfre.org z. + C8 207 FIRST STREET, PO BOX #448, KERSEY, CO 80644 E •d 068fESEOL6 XH3 13C63Su1 dH 06 :91 0102 90 Sew CERTIFICATE OF CONVEYANCES WELD COUNTY STATE OF COLORADO DEPARTMENT OF PLANNING SERVICES COUNTY OF WELD Heritage Title Company hereby certifies that it has made a careful search of its records and finds the following conveyances affecting the real estate described herein since August 30, 1972, and the most recent deed recorded prior to August 30, 1972. LEGAL DESCRIPTION Lot B, Recorded Exemption No. 0963-36-3-RE1695, recorded May 1, 1995 at Reception No. 2436485, (a portion of the W1/4 of Section 36, Township 5 North, Range 64 West of the 6th P.M.) County of Weld, State of Colorado CONVEYANCES (If none appear, so state): I Reception No. Book 1209 Page 486 j Reception No. 1641549 Book 720 Reception No. 1641551 Book 720 Reception No. 1840593 Book 919 J Reception No. 1842190 Book 920 Reception No. 2010262 Book 1070 J Reception No. 2125601 Book 1180 J Reception No. 2436485 Book 1490 V Reception No. 2723916 Book J Reception No. 2767354 Book '1/4/ Reception No. 3686099 Book Reception No. 3686687 Book This certificate is made for the use and benefit of the Department of Planning Services of Weld County, Colorado. This certificate is not to be construed as an Abstract of Title, Opinion of Title or a Guarantee of Title and the liability of Heritage Title Company is hereby limited to the fees paid for this Certificate. In Witness Whereof, Heritage Title Company, has caused this Certificate to be signed by its proper officer this 9th day of April, 2010, at 7:00 am. Order No. H0273277 VI7ge Title Company Lynn Vance -Title Examiner w JJ Warsoal, .� _ M 'Walsee..4(..Y �QyN • laa.plSon�1O&. 1-TICI ANN snhIEw aeee. n M - tWM{IGY',r LYtle Me .------, Y�ka, ,. -�I„y at August hi Igo .Year 8f oantdataaadbonsond nine ltwtdnd awl 'forty-seven` 'between ,'ltlEd Ss ECKHARDT *lithe „ Canto gg- Weld . and.State obcdfonda,at the ;brit:garb Med l P$IB D.�SOBLAO&L and MINI. aOSLdOl4. • -•HS .. a,.�lithe Canty 0 = Wald' - and State-of Colorado,of lily haond.prh W1TNtSSCrAtThat the sold party of gut fiat part Tor and In consideration of the sum al- TEE COLLARS AND OTHER GOOD AND TALUAALE CONSIDENA'ITONe, 4mmomm It j :to the said party of the lint prtIn hand paid Atte sold gannet of the second part,-the receipt whereof is ',hereby ennfessed and seemowiedged,-he a rioted, bargained,sold and conveyed,and by Date,presents do ea 'giant.bargain,,ell,convey end confirm unto the said,parties of the second'art,to gat not In tenancy in common --hut.In Joint tenancy,the seminar of them,'their assign and the heirs and assigns of such survivor forever,all the fol. i lowing described lot or.parcel of land, Situate,dying and being In the -County of 'Bnld and State of'Colorado,to-wit: "' The Southeast Quarter (8W!') end the South Half (Bj) of the Northweet Quarter Mt) of Section Thirty-six '(36), in _Tamehip live ((5) North, tie t, feet of• iSaidrSouth Haalf) est(Si)fofhe the6th orthwest exempt e(Nw1)Northnd3 A: g,.,e that port of the South Half (81) of the Northwest Quarter !Nat}) of ) said Section Thirty-six (36), conveyed to nee Sterling by Deed recorded in Book 359, at Pace 231, -geld County records, containing Iji 10 200.8 sores, more or lase{ together with 2J, shares of the onpltal 'stook of The Lower Latham Ditch Company end 2} shares of the capital j JomIll•min! stock of The Lower Latham Denervoir Contently and prnreto share of the Iy water allotment of The Northern Colorado Water Connarvanoy District, I��.h` 4t1; an ;'ore fully uppeero in hook 1065, Page 9 of said Weld County I ` - ' reoorde; together with ell interest of Hirst Party in and to pump. f, If Ing plant with fixtures and equipment therefor, said plant being. hooted In the southwest corner of the Southeaut :quarter (OHO of p'l1{ „ the Southwest Quarter (cis:,) of snit Section Thirty-six (36), end • pi ,c1;•„..jki said interest being subject to the rights and reservation of an undivided one-half I ) interest therein by the :.state of W. Carl tidlhe,.:,dr; Moore deceased, as more fully appears from reservations and exceptions - tc r made in deed from Amite E. L,00rc, i.dmiolatrotrix of the Betete of W. IP;;, Curl ,'wore, doom'Ted, to Lily .:. 'Aidney, at Book 1186,. Page 406 of 1, 1,'II' the weld County records; oleo subjeot to easements one rights of way end " RIf.,,,, lateral rights for the carriage of water over and across the said :_. .. Sou thv:e❑t 'uerte:r (JW„) one acid south Half (WO of the Northwest ,, Quarter (rD:h) to the Northeast quarter (Nei) and the North Half (Ne) NE ,III- of the Horthwe it ' carter (1:4.,,) of said ,cotta 'Thirty-six; together with oil oropn now standing or growing upon said premiaea. a 1l mor e vere and grants thereof: and alt coat many, right.title,Interest. 'lob.,and demand wltslmeeer of the mid part•• of the tint part. either In Ian or slily, hi. i„ Mai In the nl•uv, bargained premiees, whit the licredimmemr null appurtenances. TO HAVE AND TO HOLD the said premises;Love bargained cold described, with npp.rtene,iees, men the hi aid IatW,of the second earl.tits :unbar of theta,their assigns,and the heirs and;wallow of well survivor for v r a r. :\wl Ihr•ail parr of the firm part.for Monet 1' !it a heirs exeenmrs, and administrators. dorm, t n' unno. maven, ragwin alai agree to end with file salt) parties of the aramt part. the survivor of then,, their amit,, ,.std the hen.and a.: br inn. of melt mrviv ,that it the dine of the entailing mot delivering of them Presents. ' tell wised of Ilk-pt ani...above conveyed,as of good,sure,perfect,ab.nlae and l'nle@asllde"Inn cl t„hsnlanre, i„ law, Ill Ire simple. sod ha a good right,full power and lawful authority to Nrent. bargain, all amt n na y,the sae In manner and limo aforeald,and that the scone are free and glen from all former and 'liar gum; bargains. sales lirns, laves aeaamo,gs end bemahrance, of whatever hind or nature e.rur. !pnc tWnn, duo en., ',Within I1, 1!a', aim oo uornn-, .,tint lrr tamp.-o I. d '•'•' n• •: nn,i n111*Pa' --, lint oc ttron Imp.....p:t h.. - -sow-' rAmlm•1 s , ,cot 0u alma,-amount prewar. In the whim and peaceable possession of the aid pariee of the aceonci Pant ton • , Ir,;, their assigns and Ihr helmandassigns of such survivor.ngniaal all amt etcry person or thermos Inninlly .laimmg or to elahu ihr -vlude or ally part thereof,the mil pal o of the Nat pal Aril and will i\0\ltlt AN AND lOttIiVRE DEFEND. IN WITNESS WIIENEM,. fie said pony at the filet part ha n 'ammo.,:el ht n hand and and the day and year nil slime written. tilmm,l. Sealed Anil Delivered In lie Vrvennee vet 1 's/N.t ,� .•7,4, 4u4-- ..d—I,� (1/ _. .. -(ORAL.) STATE Ott COLORADO, Coulutof:wad. Its. The foregoing InwnamWit ua attoawledgad boars art•this /Sri, -day of t/ in n jr„. „, ,, ayL7ata _, w_9?, by_ 71Mb.tr. ED61alDT.le _. t4 * , .Winos.try Hand sod amen-Seal IT •= R My Commission awl,,. .0A...9 i ' ape .. WAR bait'T.asnw-.1 VeY'ninleg%Gr.11wy,-Colande, r,unua•,k,ae,au.vur.`mN'td"w:E •+•?.`i..-.?, `w 10 O i `20 ad ot J....Q r T o'clock M a,UL`J 197 , 1641549 Rec. No. —_ S. Lee 5hehee, Jr., Recorder /—t WARRANTY DEED 1 e E KNOW ALL MEN BY THESE PRESENTS, That Ruth L. Schlagel, of the County of Weld and State of Colorado, for the consideration of $155,000.00, hereby sells and conveys the real estate and property hereinafter described as follows: an ,r undivided 1/5 interest ot Duane Schlagel and Ione Schlagel,as joint tenants in and to said undivided 1/5 interest; an undivided 1/5 interest to Walter Schlagel ti and Mildred I. Schlagel, as joint tenants in and to said undivided 1/5 interest; �r an undivided 1/5 interest to Kenneth Schlegel and Carolyn Schlagel, as joint ten- ti ants in and to said undivided 1/5 interest; an undivided 1/5 interest to Kenneth p a„ Corliss and Sharon Corliss, as joint tenants in and to said undivided 1/5 inter- (}k 0 a' est; and an undivided 1/5 interest to Dennis McLavey and Myrna McLavey; as joint 19:' tenants in and to said undivided 1/5 interest (it being specifically declared rm that said 1/5 interest relates to the other 1/5 interests as tenants in common, in with the ownership of each 1/5 interest being in joint tenancy), all of the `" County of Weld and State of Colorado, said real estate and property, situate in 0 the County of Weld and State of Colorado, described as, to-wit: 0 The Southwest Quarter (SW14) and the South Half of the r:' Northwest Quarter (S1/2111104) of Section Thirty-six (36), ON Township Five (5) North, Range Sixty-four (64) West z J of the 6th P.M., Weld County, Colorado, EXCEPT the 4°' - said South Half of the Northwest &A 'Y / Quarter (S1/21‘11414) and that part of the S1fNW14 of said ea '\�' ` Section 36 conveyed to Asa Sterling by Deed recorded 1 c:Y72/ in Book 359, Page 231, Weld County Records; and 4Yto �: EXCEPT right-of-way as conveyed by Deed recorded in `o • .);'Book 296, Page 149, Weld County records; together of / V a with 214 shares of the capital stock of The Lower `e. % in Latham Ditch Company and 216 shares of the capital `-i g/stock of The Lower Latham Reservoir Company, and one (1) 8" Irrigation Well, together with all its appurtenances and warrants the title to the same, subject, however, to the following: 1. 1974 taxes payable in 1975. 9 2. Reservations, easements and conditions of record. 3. Inclusion within the Northern Colorado Water Conservancy District, West . o Greeley Soil Conservation District, Platte Valley Fire Protection District, and Central Colorado Water Conservancy District. 4. Deed of Trust for the benefit of the Prudential Insurance Company of o America, recorded in Book 513 under Reception No. 1435188 of the Weld County Records, securing the promissory note of Ruth L. Schlagel in the original principal amount of $55,000.00, the principal balance and accrued interest, of which, as of theo date hereof, grantees hereby assume and agree to pay. w 5. Deed of Trust for the benefit of Greeley Industrial Bank recorded in tat Book 683 under Reception No. 1604778 of the Weld County Records, securing the N promissory note of Ruth L. Schlagel in the original principal sum of $10,000.00, o the principal balance and accrued interest of which, as of the date hereof, theo grantees hereby assume and agree to pay. 6. Unpaid 1973 taxes. 24 Signed and delivered this 2G day of 9s&... , 1974. n.40 a Idf1.tL q Ruth L. Schlagel / STATE OF COLORADO) )SS COUNTY OF WELD ) /] i, The foregoing instrument was acknowledged before me thisc � day ofr Sith/'r 1974, by Ruth L. Schlagel. C,d1 .WITNESS my hand and official seal. 'y /f/$ :'tJOTi�R yMy Commission expires June 15,1978 J., �7� 07�•- t.V ��.AUC LAG/.`° , otary Public —_—._....m..m.e,,.,....,....r, , .c•.u.... ss..-34..off.1€sF;'`, ' C) aii• AP �— JUL2919 Q •.' 720 'lorded at r-4 o'clock 4 AA 1641551 5. Shehee, Jr., Recorder Roc. Mo. /—/ WARRANTY DEED KNOW at MEN BY THESE PRESENTS, That Duane Schlegel and Ione Schlegel, i Walter Schlagel and Mildred I. Schlegel, Kenneth Schlegel and Carolyn Schlagel, p Kenneth Corliss and Sharon Corliss, and Dennis McLavey and Myrna McLearey, of the County of Weld and State of Colorado,for the consideration of $155,000.00 ,-; hereby sell and convey to C.M.S., Inc., a Colorado corporation, the following u-,, real estate and property, situate in the County of Weld and State of Colorado, to-wit: tl\ r-I n' The Southwest Quarter (SA) and the South Half of the Northwest Quarter (SIINW1/4) of Section Thirty-six (36), ^" Township Five (5) North, Range Sixty-four (64) West of the 6th P.M., Weld County, Colorado, EXCEPT the s '4' e ioty Is, North 293 feet of said South Half of the Northwest Stoke pocuu' -� Quarter (5�NW') and that part of the S'NW' of said ,9 .. Section 36 conveyed to Asa Sterling by Deed recorded J_wifl`Q �• oin Book 359, Page 231, Weld County records; and pots. / _�✓(2"` o EXCEPT right-of-way as conveyed by Deed recorded in $- Book 296, Page 149, Weld County records, together with 21/4 shares. of the capital stock of The Lower �// 7y.5 _� 0 Latham Ditch Company and 21/4 shares of the capital o'� c^ stock of The Lower Latham Reservoir Company, and one (1) 8" Irrigation Well. together with all its appurtenances and warrants the title to the same, subject, however, to the following: 1. 1974 taxes payable in 1975. 2. Reservations, easements and conditions of record. 3. Inclusion within the Northern Colorado Water Conservancy District, West Greeley Soil Conservation District, Platte Valley Fire Protection District, and Central Colorado Water Conservancy District. 4. Deed of Bust for the benefit of the Prudential Insurance Company of Amer- ._ ica, recorded in Book 513 under Reception No. 1435188 of the Weld County Records, F? securing the promissory note of Ruth L. Schlegel in the original u) gprincipal ofal amount of $55,000.00,the principal balance and accrued interest, of which, as of the date r't-l'1 hereof, the grantee hereby assumes and agrees to pay. 5. Deed of Trust for the benefit of Ruth Schlagel recorded in Book 720 under Reception No./Ed/no of the Weld County Records securing grantor's note for original principal amount of $a y 9w. 1-2- , the balance of which, together rn with accrued interest, the grantor hereby assumes and agrees to pay. �I 6. Deed of Trust for the benefit of the Greeley Industrial Bank recorded st in Book 683 under Reception No. 1604778 of the Weld County Records, securing the i promissory note of Ruth L. Schlagel in the original principal sum of $10,000, r the principal balance and accrued interest of which, as of the date hereof, the o grantee hereby assumes and agrees to pay. 7. Unpaid 1973 taxes. a Signed and delivered this Z. day of / 1974. o id/ Duanhlag Ione Schlagel in fID�//U//ua �7o� 0 h Q I n L/tti �Jl i / 4 oCI C id n. n t� Walter Mildred SchlaB e 1 dred I. Schla e y` tY , ./;t14.41i Kenneth Schlagel Carolyn Sch agel A i Kenneth Corliss Sharon Sharon Corliss may/ _� $' Denn -, is McLLaayey ' a'1 ""`�(j M ��lit-2. /// �(t lcey _ yrn cLawey U (f .r. STATE OF COLORADO) )SS '! „AODND'k,OF WELD ) .r a4,5•' ''- foregoing instrument was acknowledged before me this T6 day of July, "• Y9/4 m)ji r.Duane & Ione Schlagel; Welter & Mildred I. Schlagel; Kenneth & Carolyn '-''n� 'c4 LSc}plagjel;Lkenneth Corliss & Sharon Conies; ye }a McLavey & Myrna McLavey. e O a r� ea / / ea A, WSS my hand and official seal. ' " / �7 .Ti4E / 92,71 y _',(rL My Cummioslon p'spire¢June 18,I0J — Notary Public • _ • 184059:-.3 • ';_:,.2 ---,`"%,:,-.--,41,:...-, ;i6 RECORD ED EMF91ON N 0961-36-3—RE 456 I Leval Description The Southwest Quarter 1W'1) end the South Half of the Northwest :e` Quarter (51-11h%) of Section Thirty-six (36), Township Five (5) i North, Range Sixty-four (54) West of the 6th P.M., Weld County, e Colorado, EXCEPT the North 293 feet of said South Half of the Northwest Quarter (54404-) and that part of the SIPW< of said Section 36 conveyed tc Asa Sterling by Deed recorded `,n Book 359. ./ ! e Page 231, Weld County records; and cXcEPT ght-of-way as conveyed 0 by Deed recorded in Book 296, Page 149, Weld. County records. I LOT "A.. � 40. :6] A parcel of land located in SW4 of Section 36, Township 5 North, ` i! r, Range 64 West of the 6th P.K., Weld County, Colorado being more 1l N particularly described as follows: 0 r' Beginning at the Southwest Corner of said Section 36 and considering the west line of said section as bearing North 00°00'00" East, en with all other bearings contained herein relative thereto; Thence North 0O00'00" :ast, 476.60 feet to the True Point c, of Beginning; Thence north 00°00'00" East. 1246.06 feet; Thence South 49°53'25" East, 123.61 feet; Thence South 05°00'55" 'nest, 37.05 feet; Thence South 36°45'51" East, 201.12 feet; Thence South 43°29'49" East, 185.61 feet; Thence South 24°061;6" Fast, 93.60 feet: ` Thence South 16°41'11" East, 74.57 feet; Thence South 00°52'00" East, 'l6.31 feet; Thence South li`48'51" West, 1:,4.99 feet; Thence South 28°43'43" West, 124.62 reel , Thence South 43°22'57" West, 141.26 feet; Thence South 47°51'02" West, 275.31 feet to the True Point of Beginning. Said described parcel of land contains 7.243 acres, more or less. including 0.840 acres, x re or less, reserved for county road right-of.-way purposes mid is subject to any rights-of-way or other easements as granted or reserved by instre ents of record or as now existing on said described parcel of land. Surveyor's Certificate I hereby certify that this plat was prepared under my supervisio and that the same is correct to the best of my knowledge and bel -f • 4392 AR Prooerty Owo:Isr.:A:::::v::: & t'S. ho. 4:YL 1 We, C.N.S., Inc., being sole owner in-fee of the a ve described . ,%pipperty do hereby subdivide the same al . .� on d , • e i / i;ifInj By dalte- Soh agelfNCretery -/..-1), iipreijoing certification was acknowledge'; before Fe this _ 'f44:444#1 of ,A.D., 1980. Wijnss iiy hand an seal. Qratilieilif -0,44-' Planning Commission'Certifigate _ t F The acceacarry slat is,accepted and,a )y'e4jOr.f,l ia=, f a-- a .yr:, . s a 1x44 -A4 v.rr - r"'° v�'��• , ai7iiac.Board o w43tl •,w.d-'9S. ivmezws.. ... . ._ot.....-.a......tovep:wr`..�:.:'7. _'a' _ •,..w-rte-''=, tn_IT = tiiirf .'.y. -.-.-�...-r ,'_ gt WeiliV323 . .x' sv _ • • 1&10593 RECORDED EMMPTION N! 0963-36-3- RE 456 a S'6n r---t duty Car See 74 s. ,, Law. II: / /✓/f/ p I V/6.v i 4.iti Sok J.4-0 O el ge .?,Vi J 9� aFfeTaie are MOW tlam, amnia. ._ w B tiara z eV near 4 C 8.C4CS7Y nx r i 13/44 ti Ater 25 - p -sirented: /air r S'e a ar4: 9.e.60' t 3 al 1 I 'I.20.5-ALsE5'� p F B/Ga4/%/E 7f..47' e • 'ate, a C �' �.%.;" ✓ S4reP's7A!' SIfl v nue •;.%a sc/ D •' '`'- A'$fl7W 4 e,.S.'.f/- 1 sG'..✓ in to -c 4i OOrl N "S �r nrw-c,Yrr wl✓r/ yavt yeer9 1 K ../ IS seer- ar AclereeeNt Ater.ONF L/1x]' 420-a.. • tt Pelee j s...E' 1re ,/itlr M9 d✓ -a. c. a r. ardv_,.ttaa,. 1S !Sir 4...N.,t5 20 � � 3 v pY✓MER= V 9 oisrwlit Asa C.M•S. . //rC. C4 ,&t}r -.••�. t 54 star scsystee/src. if i 41141/4,6 Aire, 532 I i ' Anter, C 4w-a .1 Z 10.4 I o'% 3 . 7::4 i 11 —v. *as f f --c- vr+. ...Z.;^•>Y/rr raw t f; 1 C sesa•./".111•00" 0,*- 920 • ° w !. G.......A,[19Y...2 0 1980 ? CD 1_8_12_199_ a- I et Slate of Cc/biotic, Weld County Clerk & Reevmt. WARRANTY DEED a KNOW ALL MEN BY THESE PRESENTS, 'hat C.M.S. , INC. , a Co'orado cor- ., poration, of the County of Weld and State of Colorado, Grantor, fcr the con- sideration of Three Hundred Fifty Thousand and No/100 Dollars ($310,000.00) in hand paid, hereby sells and conveys to ROBERT E. BACKUS and ELA/NE D. BACKUS, as joint tenants and not as tenants in common, Grantees, whose address is Post Office Box 208, Summerville, South Carolina 29483, the following real estate and property, situate in the County of Weld, State of Colorado, to-wit: L'1 E Lot B of Recorded Exemption No. 0961-36-3-RE 456, recorded in Book 919 as Reception-No. 1840593, Weld County Records, being also described as the Southwest Quarter (SW/4) and the South Half of the Northwest Quarter (S/2 NW/4) of Section 36, Township 5 North, Range 64 West of the 6th P.M., County of Weld, State of Colorado, EXCEPT for the following: (I) North 293 feet of said South Half of the Northwest Quarter (5/2 NW/41; (21 _ . that part of the said South Half of the North- west Quarter (S/2 NW/4) conveyed to Asa Sterling by deed recorded in Book 359 at page 231, Weld County Records; and (3) Lot A of said Recorded • Exemption; Stale Documentary Fee together with 2-1/4 shares of the capital stock NOV Z 1980� Dale—CF---5-_c)(;) .2...... of The Lower Latham Ditch Company, 2-1/4 shares $; of the capital stock of The Lower Latham Reser- voir Company and one 900-gallon-per-minute ad- judicated irrigation well, motor and pump; RESERVING TO THE GRANTOR, HOWEVER, the right of location, easements and right- of-way for the operation, repair and maintenance of an existing water well, g' pump, motor, pipe, pipelines and all appurtenances, as now located on the e above-described premises for the benefit of, and appurtenant to, Lot A of Re- 14. corded Exemption No. 0961-36-3-RE 456 recorded in Book 919 under Reception No. 1840593 of the Weld County Records. Said well is located approximately • 166 feet North of the South boundary line and approximately 38 feet East of the West boundary line, both of the above-described premises (Lot B of said Recorded Exemption). The pipeline from said well extends in a general north erly direction from said well across said Lot B to said Lot A. ALSO RESERVING TO THE GRANTOR, HOWEVER, the right of location, easement and right-of-way for the purposes of operating, repairing and maintaining a pump, motor, pipe and all appurtenances thereof as now located, with said pump be- ing located in a ditch serving the above-described premises (Lot 8), for the purposes of pumping water from said ditch for a 24-hour period each week that water is in said ditch during the irrigation season for the benefit of, and use on, said Lot A. The general location of the pump is in the immediate vi- cinity of a division box now located on said Lot B approximately 60 feet in a more or less easterly direction from the following described point on the boundary line between Lots A and B: COBIMENCING at the Southwest corner of Section 36, Township S North, Range 64 West of the 6th P.M. , Weld County, Colorado, and cons;derin_g the West line of said Section as hearing North 00° 00' 00" East, with all other hearings contained herein he- ing relative thereto; THENCE North 1722.66 feet; • THENCE South 49° 53' 25" East, 123.61 feet; • w 920 0� • • 1842190 2- a THENCE South 05° 00' SS" West, 37.05 feet; THENCE South 36° 45' 51" East, 201.12 feet; THENCE South 43° 29' 48" East, 185.61 feet; THENCE South 29° 06' 56" East, 93.60 feet; THENCE South 16° 41' 11" East, 74.57 feet; THENCE South 00° 52' 00" East, 68.00 feet to the Point. The pipeline from said well extends more or less westerly from said pump across said Lot B to Lot A; together with all its appurtenances, and warrants the title to the same, sub- ject however, to the following: 1. 1980 taxes, payable in 1981. 2. Reservations, rights-of-way, easements, agreements and leases of record. SIGNED and delivered this 'y day of November, 1980. C.M.S., INC. 21e441/1 .,,,u "''o'. BY '�n,i' CI, ;a Q," Authori zed Signature [SEA'? STATE OF COLORADO ] ] ss: COUNTY OF WELD ] ``�� The foregoing ins�fn�w���i�ent was„acknowledged before me this,/5" day of dLr4L°!"'yy��..G1�,.yi 1980 by L-c4 t C,4 . - -c_.,tt't , ..l , iu_a LC,.;f-, and ,Z'c t, . Pi ,---cc-•474,:y__( , S-i <., ,�-', of C.M.S. , INC. WITNESS my hand and official seal. y( 79 n � ` Gcc .'-1�_L rt, y:/./. LJk-L ci«— V...Y - Notary Public o 1'lYcommisslonkxpimsrug. A'1981,Mr;'CpO sion expires - --- _ - . U c _Z- • B 1070 REC 02010262 05/20/85 14:25 $6.00 J/002 F 0353 MARY ANN FEUERSTEIN CLERK 6 RECORDER WELD CO, CO II AR2010262 WARRANTY DEED ICI KNOW ALl, PERSONS BY THESE PRESENTS: Thai Robert E. Backus, an unmarried man, of 13762 West Warren Drive, Lakewood, Colorado 80228, and Elaine D. Backus, an unmarried woman, of 1400 Yarmouth Place, No. 408, Ht. Prospect, Illinois 60056, parties of the first part, in consideration of the sum of Ten ($10.00) dollars, and other valuable considerations*, in hand paid, the receipt of which is hereby acknowledged, do hereby grant, bargain, sell, convey and warrant unto The Federal. Land Bank of Wichita, a corporation, with address of P. 0. Box 2940, Wichita, Kansas 67201, party of the second part, the following described real property and premises situate in Weld County, State of Colorado, to-wit: Lot "B" of Recorded Exemption No. 0961-36-3-RE-456 recorded November 3, 1980 in Book 919 under Reception No. 1840593, Weld County records, being a portion of the SW1 and the Sri of the NISt of Section 36, Township 5 North, Range 64 West of the 6th P.M., County of Weld, State of Colorado Together with 24 shares of the capital stock of Lower Latham Ditch Company, and together with 21/4 shares of the capital stock of Lower Latham Reservoir Company, and together with all water rights and all wells and equipment used for irrigation of said land Together with all privileges, hereditamen[s and appurtenances [hereunto belonging, including all water, irrigation and drainage rights of every kind and description, however evidenced or manifested, and all rights of way, apparatus and fixtures belonging to or used in connection therewith; also abstracts or other evidence of title to the above described real estate. Subject to easements and rights of way appearing of record or as now existing on the promises, and mineral interests or mineral leases owned by third persons under valid reservations or conveyances now of record. Together with all improvements thereon and the appurtenances thereunto belonging, and warrant the title to the same. TO HAVE AND TO HOLD said described premises unto the said party of the second part, its successors and assigns forever, free and clear, and discharges of and from all former grants, charges, taxes, judgments, mortgages and other liens and encumbrances of whatsoever nature. *Part of the consideration for this deed is the full retirement and cancellation by the grantee herein of that certain promissory note executed by the grantors herein dated November 5, 1980, for Loan No. 791073 6-0 5565-0. There will be no merger of the security documents for said loan into this conveyance. This deed is made in lieu of foreclosure and is not taken as additional security. Signed and delivered this J_Q day of May, 1985. APoCeC /f Robert E. Backus I 707 Elaine D. Backus B 1070 RE c 010262 05/20/05 14:1.5 $6.0 2/002 F 0354 MAR NN FEUERSTEIN CLERK Sr RECORDER WE CO, CO STATE OF COLORADO ) ) S5. COUNTY OF A.PA,PAHOF) The foregoing instrument was acknowledged before me this /1)- day of May, 1985, by Robert E. Backus. 1...... ' !4i ' WITNESS My hand and official seal. /1/4/12/Qimny, My commission expires: n• ' r otaSublic STATE OF ILLINOIS ) ) SS. COUNTY OF rt,t ) • The foregoing instrument was acknowledged before me this _13,4,,day of May, 1985, by fame D. Backus. WITNESS My hand and official seal. My commission expires:a, LC) I Q&(, e- Notary Public i._ (� . - .r 5 w r- , l' c B 1180411C 02125601 12/21/87 15 :5 $6 .00 1/002 F 1762_+RY ANN FEUERSTEIN CLERK & ORDER WELD CO, CO CORPORATION SPECIAL WARRANTY DEED State Documentary Feo AR21256D1 The Federal Land Bank of ldichita Date ...(. -.z�•. / THIS INDENTURE, made this 18th day of December 1987 between THE FEDERAL LAND BANK OF WICHITA, Wichita, Kansas, a corporation, party of the first part and LEROY J, BAKER AND NANCY J. BAKER, JOINT TENANTS whose address is 4260 Word County Road 5 Erie, CO 8051.6 part ies_ of the second part. WITNESSETH: That the said party of the first part for and in consideration of the sum of ONE HUNDRED FIFTY THOUSAND AND NO/100 $ IbO,UUU.OU Dollars, and other good and vbluable consideration to it in hand paid by the said part ies of the second part , the receipt whereof is hereby confessed and acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell and convey unto the said part ies__ of the second part their heirs, sucessors and assigns, forever, its title to and interest in the following described real estate situated in the County of Weld and State of Colorado, to-wit: Lot "B" of Recorded Exemption No. 0961-36-3-RE-456, recorded November 3, 1980 in Book 919 under Reception No. 1840593, Weld County Records, being a portion of the Southwest Quarter (SW1/4) and the South Half of the Northwest Quarter (S 1/2 NW1/4) of Section Thirty-six (36) , Township Five (5) North, Range 01 Sixty-four (64) West of the 6th P.M. , County of Weld, State of Colorado. g 7CI X ") TOGETHER WITH: Well ill , (adjudicated) in Case ff W1929 dated 12/9/72; (a. 2 shares in the Lower Latham Reservoir Company and 2 shares of the Lower Latham Ditch Company. SUBJECT TO: Easements, rights of ways, restrictions, reservations, mineral interest or mineral leases, and any building or zoning restrictions or ;•egulations, and any discrepancies an accurate survey would reveal. TO HAVE AND TO HOLD the same, together with all and singular the title and interest of part of the first part in and to the tenements, hereditaments and appurtenances thereunto belonging, or in any wise appertaining, forever . And the said party of the first part hereby covenants and agrees • that at the delivery hereof its is the lawful owner of the interest hereby conveyed in the above described premises; and that it will warrant and defend the same u ;to the parties of the second part , __ their heirs, sucessors, and assigns, forever, against the said party of the first part , its sucessors and assigns, and all and every person or persons whomsoever lawfully claiming through, by or under it, them or either of them. • B 1180 REC (25601 1?./21/87 15 :52 �, 00 2/002 F 1763 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO IN WITNESS WHEREOF, the said party of the first part has caused these presents to be signed by its Vice President, and its corporate seal to he affixed hereto, and attested by its Secretary, by and with the consent and authority of its Board of Directors, on the date and year first above written. 4 1THE FEDERAL LAND BANK OF WICHITA ATTES ': t 7,„„ ( , „f e-,, f.r, •-•"2-1•• C. v t.12 �J ACKNOWLEDGEMENT STATE OF COLORADO) SS. COUNTY OF WELD ) Before me, the undersigned a Notary Public in and for said County and State on this \SjA` da ' ' f p�m' , 19 B'4_, personally appeared 'tit rV to me personally known and known to me to be the identical person who subscribed the name of The Federal Land Bank of Wichita, Wichita, Kansas, a corporation, to the foregoing instrument as its Vice President , and his being by me duly sworn did say that he is such officer and that the seal affixed to said instrument is the corporate seal of said Corporation an that the sane was signed and sealed in behalf of said corporation by authority of its hoard of directors, and he acknowledged to me that he executed the same as his free and voluntary act and deed, and as the free and voluntary act and deed of such corporation, for the uses and purposed set forth and specified t `rein. Witness my hand and seal the day and year last Above written.\ my connissicn expires: ct�t4,i�Gi _ \- t CkI (r tt. \ . c_lU(.__6'O . 1 1 7;1;13 n3' E oa rEm E-11E irl EN CYc s r.°°° z tt"e ° ym3u«, n I 03rc 8P. gig E mm i „o ti* as;g 451'. -212 t n3 3 E E $ tyE a0 g nD o66H "8 . EFa E 2 2 (p El _L 3 2 = $1:1 5 W ° $ ;"8 o° CC z ER o z ra v F °3 mEm o _ If. t- $ 02 .E`er I p cm88-f x6 s m _ rs it C. a .. e"q qr. Em^ ` wc u`m m E. E p Y /'J oi "I .P3� I^I V °p. °E.Ls �p 8 K ,J V4 e z . E k o w - .Y/ 3i o 3o«u 'C� ° rn H_ 3J z -7:2,°amm t a ht.." Wz _ M g gEe't .7 a mo= �m N)(p o n '- ry „m' . rvrv»° �� b ',V..,V Va) bi, rv�o _ omFo 2�«.rvry 1 lhz;Ibb F 5 xg gEti "sa � 8 O u 333- ;3 3w3wwwww3333w w Y? 8,91°9a"=°qt E 9 jj��u(u(m o c> w 222 °mn ,o0 p h,� .,,,il s`�"§Sp5 u y "_?pA - �: g n138 :7,,HriJ8 nnnn.7ntnt'gy nz00a a� Ivx5€"g-b;',$ %dix U o O�o33m zulp �5 4F 36u 55.1E5Z R9393n nn LLLLg Z `e Ebeu5be O �Rna u @@ Vie=.€t€'t5n3e o m o_ n r ry vn. �g'3 �2 gt.t.' F a �� ' ,�nnn�Ad°'«J,eimPo�_ad��^gin««t� 3tltll o3:iss%aaeE¢t 2 ` Cy.. \ ..... .�wa, .n.:. .m— w• +°an. \ I/I 11 gra ;I b 9 2 it! '' W $$ I;8 Zesc8x §>£ « R'3°5 22 a s-",- sgi "". „Y 012 tit 6 3g 3jll C I : 1s :_vii 3 4ii £ 3 2s „F.: ° if, E IlrS „ g: Nm$3 Ee ,rg 1 g5gE j3.g c, r; ₹ 94F40 x Li pi- qNN : =� §P �=' \ :gym Eli L 40 .x • mwz 9� qLL �'9 n) v AE� R[5 o I. 0 , .: 0. 3-93 0 ¢ Y,107 9i A e w M O V v Eg o F 4,. gic 62 OYON .[1«1]00 079« ma w xnwnm ma E£B " "- rn r.aid len 'Art ig. pa 33SgAAggg y lf{ OO 1..:5 8.8. E • I UMW iuiii iii mu iiini iii nm im ull 2723915 10/01/1999 12:51P Wald County CO 1 of 2 R 10.00 D 35.50 JR Sul(' Toukamoto R/cc WARRANTY DEED THIS DEED, made on 09/30/99 u between`efoy J. Baker and Nancy J. Baker n 2f m of the County of Weld and State of Colorado an , grantor, and Richard D. C%yinte as to an undivided 46% interest, and Linda L. Clyncke as to an ., whose Legal address interest 9358 North 55th Street Longmont, CO 80503 of the County of Weld and State of Colorado , grantee; WITNESSETH, that the grantor, for and in consideration of the sum of Three hundred sixty five thousand dollars and no cents DOLLARS, the receipt and sufficiency of which if hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm unto the grantee, his heirs-and assigns forever; all She real property, together with improvements, if any, situate, lying and being in the County of Weld and State of Colorado described as follows: (continued) as known by street and numbers as: Vacant Land TOGETHER with all and singular the hereditamente and appurtenances thereto belonging, or in anywise appertaining and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the grantor, either in law or equity, of, in and to the above bargained premises, with the hereditamente 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, had 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, bargains, sales- liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, except for general taxes and assessments for the year 1999 and Subsequent years; and subject to easements, covenants, reservations, • restrictions and rights of way of record. The grantor shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable possession of the grantee, his heirs and assigns, against all and every person or persons lawfully claiming the whole of 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 NIINESS WHEREOF,_ the grantor has, executed this-deed on the-date set forth- above. l �� ��d'//FI,n/ 4fl Leroy 6666 aker Nancy J. Baker STATE OF Colorado } SS. County of Weld The foregoing instrument wan acknpw d before me this 30th day of September, 99 by LeRoy J. Baker and Nancy J."6ikPre. CC-- (P.e Witness rspand an ancr ial seal. My commission expires 07/01/03 !CHARLOTTE A �A-�� CLARK / Notary Public �Iv �••. .✓'. Charlotte Clark 101048a GR 'F ."'� NO.93.2A,Rev.10-97 warranty Oeed(per score) NORTH AMERICAN TITLE COMP • • LEGAL DESCRIPTION (continued) File No. GR 101048a C-2 Lot B, Recorded Exemption No. 0963-36-3-RE1695 (a portion of the W1/4 of Section 36, Township 5 North, Range 64 West of the 6th P.M.) , County of Weld, State of Colorado. TOGETHER WITH two (2) shares of the capital stock of The Lower Latham Reservoir Company; two (2) shares of the capital stock of The Lower Latham Ditch Company; one (1) Irrigation Well #RF1070 adjudicated under Case #W-1929, Water Division I, State of Colorado; and one (1) unit of G.A.S.P. SUBJECT TO a 20 ft wide access easement for the purpose of ingress and egress over and across the North 20' of Lot B adjacent to the South boundary of Lot A for the use and benefit of Lot A and Lot B of RE 1695 recorded May 1, 1995 in Book 1490 under Reception No. 2436485. . ALSO SUBJECT TO a 10 ft wide easement adjacent to Weld County Road 59 over and across the subject property for the purpose of water and utilities for the use and benefit of Lot A and Lot B of RE 1695 recorded May 1, 1995 in Book 1490 under Reception No. 2436485. ALSO RESERVING UNTO GRANTORS all 1999 growing crops and unpaid government payments for the same. 111111 11111 111111111111111 11111 111111 111 11111 1111 1111 2Iof928R10/01/1999 10 001D 38.50 JA Sukt Isukomoto I111111IIIII1111111IIII11111II!IIIIIIiiiiiiiii1111 41111 2767354 05/10/2000 04:35P JA Suki Teukamolo 1 of 1 R 5.00 0 0.00 Weld County CO QUITCLAIM DEED THIS DEED,Made on May 10, 2000 between Richard D. Clyncke, as to an undivided 46% interest, and Linda L. Clyncke, as to an undivided 54% interest of the "County of Weld and State of Colorado,grantor(s),and Richard D. Clyncke and Linda L. Clyncke, in joint tenancy • whose legal address is 9358 North 55th Street Longmont, Colorado 80503 of the County of Weld and State of Colorado,grantee(s), WITNESSETH,That the grantor(s),for and in consideration of the sum of No dollars and no cents the receipt and sufficiency of which is hereby acknowledged,ha ve remised,released,sold and QUITCLAIMED,and by these presents do remise,release,sell and QUITCLAIM unto the grantee(s), their heirs, successors and assigns, not in tenancy in common but in joint tenancy,forever,all the right,title,interest,claim and demand which the grantor(s)ha ye in and to the real property,together with improvements,if any,situate,lying and being in the County of Weld and State of Colorado,described as follows: Lot B, Recorded Exemption No. 0963-36-3-RE1695 (a portion of the W1/4 of Section 36, Township 5 North, Range 64 West of the 6th P.M.), County of Weld, State of Colorado. also known by street and number as: Vacant Land Weld County, Colorado TO HAVE AND TO HOLD the same,together with all and singular the appurtenances and priveleges thereunto belonging or in anywise thereunto appertaining,and all the estate,right,title,interest,and claim whatsoever,of the grantor(s),either in law or equity,to the only proper use,benefit and behoof of the grantee(s) their heirs and assigns forever. IN WITNESS WHEREOF,The grantors)ha ye executed this deed on the date set forth above. rte, -ii,CIPfral7f)'Ov (1J21-19,06C2-- Richard D. Clyncke dab/0 el 4',114- Linda L. Clynckdj STATE OF COLORADO } S.S. County of Weld The foregoing instrum tknowledged before me on // M cl a oa by Richard D. aild.Linda L. Clyncke. Witness my hand and official�seal.• Q YP1idIE J. . My commission expires: v,i^n� =1410)oleo/ $RCTNAUER ®ldt. F"co,'.gi,``a `- NotLiic •a m Dm.;wisest"car w'. Name and Address of Person Creating Newly Legal Description(38-35-106.5,C.R.S.) quit claim deed-ta joint tenann • eRecorded in VOCounty, CO Doc Id: 3686099 04/09/2010 04:24 P Receipt#: 7464062 Page: 1 of 5 Total Fee: $162.00 Steve Moreno, Clerk and Recorder AFTER RECORDING RETURN TO: 70 Ranch, LLC Attn: Laurie Friedman 5460 South Quebec Street,#110 Greenwood Village, CO 80111 SPECIAL WARRANTY DEED THIS DEED, made this Lt day of April, 2010, is between LINDA L. CLYNCKE, an individual, whose address is 3228 WCR 36, Mead, Colorado ("Grantor"), and 70 RANCH, LLC, a Colorado limited liability company, whose legal address is 5460 South Quebec Street, Suite 110, Greenwood Village, Colorado 80111 ("Grantee"). WITNESSETH, that the Grantor, for and in consideration of the sum of One Million Three Hundred Sixty Thousand and NO/100 Dollars ($1,360,000.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey, and confirm, unto the Grantee, its successors and assigns forever, all the real property, together with improvements, if any, situate, lying and being in Weld County, State of Colorado, as more particularly described as: Lot B, Recorded Exemption 0963-36-3-RE-1695 recorded in the records of the Weld County Clerk and Recorder under Reception No. 2436485, in Book 1490 at Page 219, situated in the West One-Half of Section 3, Township 5 North, Range 64 West of the 6'" P.M., County of Weld, State of Colorado, consisting of 198 acres TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the Grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the Property, with the appurtenances, unto the Grantee, its successors and assigns forever. And the Grantor, for itself, its successors and assigns, does covenant and agree that it shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable possession of the Grantee,its successors and assigns, against all and every person or persons claiming the whole or any part hereof, by, through or under the Grantors, excepting and subject to the Permitted Exceptions, as more particularly set forth in EXHIBIT A attached hereto and incorporated herein by this reference, IN WITNESS WHEREOF,the Grantor has executed this deed on the date set forth above. • I 4/toPe. Cei pu4e__ LINDA L. CLYCKE, indivally • -1- SWD (Real Property) • eRecorded in ounty, CO Doc Id: 3686099 04/09/2010 04:2 Receipt#: 7464062 Page: 2 of 5 Total Fee: $162.00 Steve Moreno, Clerk and Recorder STATE OF COLORADO ) ss. COUNTY OF &,I, g re cll. ) The foregoing instrument was acknowledged before me this / day of April, 2010, by Linda L. Clyncke, individually. Witness my hand and official seal. My commission expires: (AL • 2 l 3 Notary -u61ic I 'Vh ti Y -2- SWD(Real Property) • eRecorded in County, CO Doc Id: 3686099 04/09/2010 04:2�P Receipt#: 7464062 Page: 3 of 5 Total Fee: $162.00 Steve Moreno, Clerk and Recorder EXHIBIT A PERMUTED EXCEPTIONS (see attached) -3- SWD(Real Property) • eRecorded in County, CO Doc Id: 3686099 04/09/2010 04:2 P Receipt#: 7464062 Page: 4 of 5 Total Fee: $162.00 Steve Moreno, Clerk and Recorder 04/06/20108:18:49 PM Commnnmm No.' 597410259865-3104K2,Amend wow No,5 SCHEDULE B—Section 2 Exceptions Any policy we issue will have the following exceptions unless they arc taken care of to our satisfaction: 1. Any facts,rights, interests or claims that arc not shown by the Public Records but which could be ascertained by an inspection of the Land or that may be asserted by persons to possession of the Land. 2. Easements, liens or encumbrances, or claims thereof,not shown by the Public Records. 3. Any encroachments, encumbrances, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by Public Records. 4. Any lien or right to a lien, for services,labor or material heretofore or hereafter furnished, imposed by law and not shown by the Public Records. Note: The above exception will be deleted on the policy to be issued upon compliance with all requirements herein. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the Public Records or attaching subsequent to the effective date hereof but prior to the date the proposed Insured acquires of record for the value the estate or interest or mortgage thereon covered by this Commitment. Note: The above exception will not appear on policies where closing and settlement has been performed by the company and upon compliance with all requirements herein. 6. (a)Taxes or assessments for the year 2010 that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings By a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency of by the Public Records. 7. (a) Unpatented mining claims; (b)reservations or exceptions in patents or in Acts authorizing the issuance thereof, (c) water right, claims of title to water,whether or not the matters excepted under(a), (b), or(c)are shown by the Public Records. 8. All taxes and assessments for 2010 and subsequent years,a lien not yet clue and payable. 9. Notes, easements, and any other matters as set forth or shown on Recorded Exemption No. 0963-36-3- RE1695 recorded May 1, 1995 at Reception No. 2436485, 10. Terms, conditions, provisions and obligations as contained in Augmentation Agreement and Covenant recorded January 9,2007 at Reception No. 3446821. 11. Terms, conditions, provisions and obligations as contained in Surface Exceptions Locations Consent recorded October 10. 2008 at Reception No. 3583659. 12. Terms, conditions, provisions and obligations as contained in Memorandum of Agreement recorded October 27, 2008 at Reception No. 3586290. eRecorded in ounty, CO Doc Id: 3686099 04/09/2010 04:2 Receipt#: 7464062 Page: 5 of 5 Total Fee: $162.00 Steve Moreno, Clerk and Recorder 04/06/2010 8.18:49 PM Commitment No.. 597-H0 259865-3 2 0-LK2.Amendment No.$ SCHEDULE B - Section 2 Exceptions(Continued) 13. Terms, conditions, provisions and obligations as contained in Memorandum of Agreement recorded November 13, 2008 at Reception No. 3589450. END OF EXCEPTIONS I • eRecorded in Weld County, CO Doc Id: 3686687 04/14/2010 09:03 A Receipt#: 7464616 Page: 1 of 4 Total Fee: $157.00 Steve Moreno, Clerk and Recorder AFTER RECORDING RETURN TO: 70 Ranch, LLC Attn: Laurie Friedman 5460 South Quebec Street,#110 Greenwood Village,CO 80111 SPECIAL WARRANTY DEED THIS INSTRUMENT IS A CORRECTION DEED INTENDED TO CORRECT AND SUPERCEDE THAT CERTAIN SPECIAL WARRANTY DEED, DATED APRIL 9, 2010, RECORDED IN WELD COUNTY,COLORADO ON APRIL 9, 2010,AT RECEPTION NO.3686099 / T� THIS DEED, made this ' day of April, 2010, is between LINDA L. CLYNCKE, an individual, whose address is 3228 WCR 36, Mead, Colorado ("Grantor"), and 70 RANCH, LLC, a Colorado limited liability company, whose legal address Is 5460 South Quebec Street, Suite 110, Greenwood Village, Colorado 80111 ("Grantee"). WITNESSETH, that the Grantor, for and in consideration of the sum of One Million Three Hundred Sixty Thousand and NO/100 Dollars ($1,360,000.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey, and confirm, unto the Grantee, its successors and assigns forever, all the real property, together with improvements, if any, situate, lying and being in Weld County, State of Colorado, as more particularly described as: Lot B, Recorded Exemption 0963-36-3-RE-1695 recorded in the records of the Weld County Clerk and Recorder under Reception No, 2436485, in Book 1490 at Page 219,situated in the West One-Half of Section 36,Township 5 North,Range 64 West of the 6'h P.M., County of Weld, State of Colorado, consisting of 198 acres TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, Issues and profits thereof, and all the estate, right,title, Interest, claim and demand whatsoever of the Grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the Property, with the appurtenances, unto the Grantee, its successors and assigns forever. And the Grantor, for itself, its successors and assigns, does covenant and agree that it shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable possession of the Grantee,its successors and assigns,against all and every person or persons claiming the whole or any part hereof, by, through or under the Grantors, excepting and subject to the Permitted Exceptions, as more particularly set forth in EXHIBIT A attached hereto and incorporated herein by this reference. IN WITNESS WHEREOF,the Grantor has executed this deed on the date set forth above. %ea /4 AA.A. LINDA L. CLYCKE, i vidually -1- SWD Correction(Real Property; • • Recorded Electronically ID --- AFTER RECORDING RETURN TO: County 70 Ranch, LLC Date • . to _ Attn: Laurie Friedman Simplifile.com 800.460.5657 5460 South Quebec Street,#110 Greenwood Village,CO 80111 SPECIAL WARRANTY DEED THIS INSTRUMENT IS A CORRECTION DEED INTENDED TO CORRECT AND SUPERCEDE THAT CERTAIN SPECIAL WARRANTY DEED, DATED APRIL 9,2010, RECORDED IN WELD COUNTY, COLORADO ON APRIL 9, 2010, AT RECEPTION NO. 3686099 THIS DEED, made this I3 day of April, 2010, is between LINDA L. CLYNCKE, an individual, whose address is 3228 WCR 36, Mead, Colorado ("Grantor"), and 70 RANCH, LLC,a Colorado limited liability company, whose legal address is 5460 South Quebec Street, Suite 110, Greenwood Village, Colorado 80111 ("Grantee"). WITNESSETH, that the Grantor, for and in consideration of the sum of One Million Three Hundred Sixty Thousand and NO/100 Dollars ($1,360,000.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey, and confirm, unto the Grantee, its successors and assigns forever, all the real property, together with improvements, if any, situate, lying and being in Weld County, State of Colorado, as more particularly described as: Lot B, Recorded Exemption 0963-36-3-RE-1695 recorded in the records of the Weld County Clerk and Recorder under Reception No. 2436485, in Book 1490 at Page 219, situated in the West One-Half of Section 36,Township 5 North, Range 64 West of the 6`fi P.M., County of Weld, State of Colorado, consisting of 198 acres TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the Grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the Property, with the appurtenances, unto the Grantee, its successors and assigns forever. And the Grantor, for itself, its successors and assigns, does covenant and agree that it shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable possession of the Grantee,its successors and assigns,against all and every person or persons claiming the whole or any part hereof, by, through or under the Grantors, excepting and subject to the Permitted Exceptions, as more particularly set forth in EXHIBIT A attached hereto and incorporated herein by this reference. IN WITNESS WHEREOF, the Grantor has executed this deed on the date set forth above. Ada LINDA L. CLYCKE, i vidually -1- SWD Correction(Real Property) STATE OF COLORADO-J ) ��tGt ) ss. COUNTY OF ) i The foregoing instrument was acknowledged before me this day of April, 2010, by Linda L. Clyncke, individually. Witness my hand �qand ,�official seal.l. �J i— Mycommi.s 'D t7p'"""�i� fJ" - l-- `Q/3 1 eri Ilt;3oTARrt • o4, ✓ I tbi S. • PUBOG of" Note Public \.. nnnnmrwn O Salon a# •2- SWD Correction(Real Property) EXHIBIT A PERMITTED EXCEPTIONS (see attached) -3- SW D Correction(Real Property) S • t. Any facts,rights. interests or claims that are not shown by the Public Records but which could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 2. Easements, liens or encumbrances,or claims thereof,not shown by the Public Records. 3. Any encroachments,encumbrances. violation,variation,or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by Public Records. 4. Any lien or right to a lien, for services, labor or material heretofore or hereafter funtished, imposed by law and not shown by the Public Records. 5. Defects, liens,encumbrances,adverse claims or other matters. if any,created, first appearing in the Public Records or attaching subsequent to the effective date hereof but prior to the date the proposed Insured acquires of record for the value the estate or interest or mortgage thereon covered by this Commitment. 6. (a)Taxes or assessments for the year 2010 that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records;(b)proceedings By a public agency that may result in taxes or assessments.or notices of such proceedings,whether or not shown by the records of such agency of by the Public Records. 7. (a)Unpatented mining claims;(b) reservations or exceptions m patents or in Acts authorizing the issuance thereof,(c)water right,claims of title to water,whether or not the matters excepted under(a),(b),or(el are shown by the Public Records. 8. All taxes and assessments for 2010 and subsequent years,a lien not yet due and payable. 9. Notes, easements, and any other matters as set forth or shown on Recorded Exemption No.0963-36-3-RE 1695 recorded May I, 1995 at Reception No. 2436485. 10. Terms, conditions, provisions and obligations as contained in Augmentation Agreement and Covenant recorded Januaiy 9,2007 at Reception No. 3446821. 11. Terms, conditions, provisions and obligations as contained in Surface Exceptions Locations Consent recorded October 10,2008 at Reception No. 3583659. P. Terms, conditions, provisions and obligations as contained in Memorandum of Agreement recorded October 27,2008 at Reception No. 3586290. 13. Terms, conditions, provisions and obligations as contained in Memorandum of Agreement recorded November 13,2008 at Reception No. 3589450. 1111111 11111 1111111 III I IIIII IIIIII 1111111E • 602 2951602 06/15/2002 02:50P Weld County CO 1 of 2 R 10.00 D 0.00 J.A. "Suki" Tsukamoto State of Colorado, )ss. County of Boulder, IN THE MATTER OF THE TITLE TO SUPPLEMENTAL AFFIDAVIT REAL PROPERTY IN JOINT TENANCY WENDY LOUISE TOMCZAK,being duly sworn,upon oath,deposes and says: That she is of legal age,and that she is a disinterested person, is a resident of the State of Colorado, has no record interest in the property herein described,and has personal knowledge of the facts herein set forth. That RICHARD D. CLYNCKE, late of Longmont, Boulder County, Colorado, died in Boulder County, Colorado,on August 24,2000. That RICHARD D. CLYNCKE was the same person as RICHARD DENNIS CLYNCKE named in the Certificate of Death,No. CR-167185,certified to on the 25th day of August, 2000,by Neal Griggsmiller, Boulder County Registrar, State of Colorado. That the said RICHARD D. CLYNCKE was at the time of his death the owner in joint tenancy with Linda L. Clyncke of the following described property situate in the County of Weld and State of Colorado, to wit: Lot B,Recorded Exemption No. 0963-36-3-RE1695,(a portion of the W 1/4 of Section 36, Township 5 North, Range 64 West of the 61°P.M.), County of Weld, State of Colorado. Also known by street address as: vacant land. Gda-ua.o cio-ntcJ Wendy Loahe Tomczak The foregoing instrument was subscribed, sworn to and acknowledged before me this 9th day of May 2002, by Wendy Louise Tomczak. •••••Witness my hand and official seal. 1„I.P4y cohmussion expires: April 13, 2006 :•`\oTA fir . b, , '• ... ..-`v Notary Public. \ / }, _\17 CERTIFICATION OF V11 1L RECORD \`I/ "' \ '' �_f STATE OF COLORADO ,I COUNTY OF BOULDER - STATE OF COLORADO STATE FILE NUMBER E CERTIFICATE OF DEATH �n et a3i Id cu.]J[Nrsrvw[.r,nr u.eor.nr, 2 [[z J oPtt OF DEATH denm on rr.,l - C ®� Richard Dennis CLYNCKE Male August 24, 2000 - o I- •SCOAt 6iW.IT, S. •4E-L,4 So 040(0 YEAR Y.04018 rQAV •DOE Of POOH r El THP ACr IC,,•ao Euur Frey v^ M V- 119 [FR S.n ,r.viva) u-ur.0•r.Y« 610,11 523-48-6011 59 ""' •°'"f "" 'MM' December 26, 1940 Louisville, CO. = ID= li 6 wry 0(0(015.EV[Rw Ea PLACE 01 GT41Cx•o.a•Lnnrl vs us No: ORCEs • HOSPITAL T X - f i ESENIPA«m 0DCM CMorro None R«N•n« =01n•.IFO•elrl 90 'ACE. rvwE V.n4+4+,'.e•p •unam,ru.00.,, to 0,55 rows.OR LOCAYION Or OATH SO COUNt'Or Of Alm -02.cc 9358 N. 55th Lon moot Boulder NUMB ID. DELEDENT'S 08uµ OCCUPATION IpE Nwe Of EUSMf6GIN0UgTYITM RITAL URUs WNeO. +}9 tstu.IN.Fn rvwyn 01001 �Np os G�SOENC STATE•Uua COuwo,HaN.nyl« Nays W,MO.W t0I0. Oo_i ule..ru.e D.•wc•OISOreIM =c 0 Farmer Agriculture Married Linda Sutherland �No I ii RFb.OENCESTATE Oa COVMn I%CM.rdVM,ORIOWrMNI %.6TREEt ANONUMEfP 0 40 Colorado Boulder Longmont AnM9358 N. 55th c ''.. Pri 51D1 I3,WC-0'0E •WAS DECOMENEHiSRANCC ORIGINS TO.MS .n Indian Ti.DECCAEDAENTSEDUCATION l5p.oIy.rI,n On•4 �T- L Gay Z,:=7.:44415::,=1""'''ry 'Mink WHIT.eye IS"C"° Iogorrxw1I COINp.I'l Im0INN 18°' R r ITS+ M1a CI Yob RN° 80503 Sauer White 8 I) [ATHFR MAMF 'Es'Mq.N l.•H '7- fa MOr"ER NAME Indy..YIa.[«11Y«Nn Hemel' Ip.IN•ORMNfiYMF«O,4•Lmn+e,o«««•a. [{ANN PARE NTs Freeman IL Clyncke Mary Hogan Linda Clyncke Spouse imi so METHOD 00 DISPOSITION PM PLACE OF bu.OSTION Wore p armory.111140•..So ray LCCATgN-CST w Two So.,. E()0 X'.L.,., rl Erin.', -...m.....,VI.,. U4wCN min cil DISVOSITION Don..y.. 011.,rse.cN1 NN Green Mountain Cemetery Boul der, Colorado }l.SIGNATURE D.ruN(RA o«POISON ACTING PsfucN [TS we NO PIES Inc. III/ Howe Mortuary, Inc. ���David Lynch 439 Coffman St. Longmont, CO. ]1.80501 E / 2' 6r RRA fLGMA Re /I E»OATS ESE°WOOFS.too'MI O I 2grl fC , / '/'//�7�.(��y. e�S 0011 2: Et1 nnT AONOUI•Cte SEA' aq, Nrw I ��Irn .101 F N Yes si P. August 2dr 2000 12:30PM (/. Yes I To SE COMnn IT CERTIFYING M u ITEIeN TO SC COM rLETE o SY COMONER T6 r: oN l•%;=, rA•4Sw a PS 11.11 27 Oiln.« Psaym1n4Qon«mamc.•np4ren ma,Essenar.In p rn.e4 . l yma O4r NAY a.0 p.uemEwu«YLm Nanny,M•I4« C.t EIFlr11 i'... :pity.'"$gnY,w. I 1 lb DATE ED;Mown On•.., ]E DATE slobED I4e"m Day Ens 4 j/• ' _ 1/� 30 NAME OIL NO 411010 ADDRESb Of CtAnntRtORONERM,RMywl �% ' Mark Sitarik, M.D., 1155 Alpine Suite 360, Boulder, Colorado z"P 80304 I. ), MAMEO0ATTENDING rrvvYLNN IF°THEN THEN CERr,iIER l.ro✓I„ml P S] MANNER O.OFAfs NR OPTEDE INJURY SM TMOE STt IMJWIVAT Sy.011.$1114OWINJURY00000MO p vlu,4 naMo• 'mom par.r•,I INJURY t. O 5 Ha^"rp M•ryr • Y On. ONe .« -man4, 33o PorCF erIN RV.M Roma 1MT 41yM1«bT.Mb• L[LOCATIQN*op w Rueter or lNNRMN NwNOM.Cagy Cant,44x I wlle4y.yM I«•un Se; la IMMEDIATE CAUSE If sr ADNL roof[Ay::EJMLINn FOR i4 1Y ANOlcLI OoME PRP W of IPSO I' Gres 4b«M•Im,N.«IJ.I«• Ana«.«loan en sr NRT CAb aL OF O, =mo CC aR�Gc WNv STN pGfv MLratrntaC It qx•r,,,/ BF ROI CONDITIONS •OuFTp0o A5A CONSL0uF 4LE0r 111••rd«Iwa•o"••' RISE CN •roa«In GAVE r0 I $r'El,TEF AV5E a OA IOON ASACDN9EOVFNLf OF r"roan nOENLVING CAUSE 1na0•.n LAST III .ART OTHERSIGn,IICANTCO$puION6 G0+aoen0«0nwng leo.4hwnou.Ml•Ole c««m St AUTOPSY S5.if [Owg M..Mp«n•N.a II _ n Poll,Lp YcoTY«r«yens.H^Trn Ire 0,Sol Man«niATEc««014.0M, rd. No I 1. P. CR167185 THIS IS TO CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF THE OFFICIAL RECORD WHICH IS IN MY CUSTODY rL1�� 1 DATE ISSUED AUG 2 5 2000 ' `�� -_- - ..,,SS�. `_ _ ° NEAL GRIGOSMILLER r9 z r 'y _ ��oiE BOULDER COUNTY REGISTRAR p �n� 11 ° ' e �'.:T° Pn' ply. n. Y� „'„'"y not accept unless prepared on security paper with engraved horder displaying the Colorado Re state p b `N seal and signature of the Registrar. PENALTY BY LAW, Section 25-2-HR, Colorado Revised �y� 'F$%� �14A� na %TA,c pf�l Ta Statutes, 1982, if any person alters, attempts to use or furnishes to another for deceptive use any otca55y *s :%,:44 I' Ya , vital statistics record. NOT VALID IF PHOTOCOPIED. vR,00S vet z« �,:6 1. -T t ...,..,..4.4.,„ e: '4' 1w`'. ,�„m - y •19]:%.,a-'-' ')111 ' ,E s. -F' I• \ANY ALTERATION OR ERASURE VOIDS TEl S CERTIFICATE iEIA "..or:" A''1 j �' T a � w `R �Yi ..._.wT. S✓ _, •all% ea. AN 21,3 A • ReeadeW St eel M' ROO EDS,j,39gf9t - Ann Sparser,R«older , BOaE1636N�'`gt DEPARTME TM. .,STATE OF COLORADO Bute Fug No. EDUCATION.AND WELFARE rustic .Penn*aflame alkITANDARD CERTIFICATE'OF DEPT, Restate., Na. All that.238 I. PLACE OP DEATH COUNTY Weld 1.a.STATE b. RESIDENCE Where b.COUNTY If Institution' RnlJendmlulanl b.CITE.TOWN.OR LOCATION e.Leytb of m -in lb ` Colorado Weld Greeley e.CITY.TOWN.OR LOCATION d.NAME OF (If not in Marital Elm street adding) ) HOSPITAL OR ''''"I at" +� INSTITUTION Weld County General Hospital Id[e8ox • I1W (A mi. SE) e.IS PLACE OF DEATH INSIDE CITY LIMIEST ,.IS RESIDENCE INSIDE CITY LIMITS? YES 1 I NO (M YES 4 I NO I 1 L IS HESIDENCR ON A FARM? YES Me) NO I ) I. NAME.OF Pint MIddi. Wt 4. DATE Month Ow Year DECEASED OF (Tape or Pint) PETE D SCHLAGEL DEATH December 3, 1959 P. Sea IL Color or Rove T. Married (E) Never Manta 1 1 A Dale of Birth I. Ate fin Year. If Under 1 Man If Under N tors. Male White Widowed r i. arm July 28a 1903 end 11 W1Sb Whay1 Month. Dye Ifaun Ml n. 10..work)oneudiGn (Dire hind of HO.Kind of Badness or Industry II.BIehOMre.ISM*or foreign teenier) H.Clllmn of What Counlni work done a.e. arame"roAin` Farming Strausendosfi• Russia USA r..men If rdlM D. Father's Name IL Molls.Maiden Neme Peter Schlegel Elizabeth Wittig IS. Wan Dammed Ever In U. S.Armed Tema Social Seemly Na. I1 INFORMANT ... Addma(Yen.NO r unknown If yea.al N.re war or data fservice) 720-01-2899 WS. ANTH PrHI.AGEL (MB fns)_ Kersey Colo 114 CAUSE OF DEATH 'Enter unto one al per line for (0. Ibl and lei.) INTERVAL BETWEEN Pon I Death wm ImmediateBy (s). Thrombo Bis.,-„-___ _ .., _„ _,.__ ON13ETAND DEATH MitchCondi gam If ant. Coronary Atherosclerosis 4?d R Mitch rem Naga Dona Ibl store Sts 101. __ ..-..__ • sestivin...a .tie. ter- 5 Ifne ox wL Dal b co __.-._ ._.... _ _.... _._...._.. . _.._ Part II. Other significant cendlUona contributing to death but not rams te the terminal elem..condition given In II. Wan Aulapn *.Pert I (al performed C Yeefl Ne( )N Ise.Aeeldent outride Homlelde lOb.Describe How Injure Ono-red. (Enter nature of Injury in Part I or Part II of Item ILI I ) W i A roe. Time of Hour Month, Day, Year Injure u ore nag ':J. i u Oeeu 1 Main 01. Place of mn la.a.,in or.Met III. City.Town. r Location County Rmu I:r E While At n m Not WhileLeme.Lean.foeten.wren office - p Work I I At Wadi ( I bldg..Ite.) , II. I attended Ow(tensed from .. .._. Dee•.2, M95 9 _....._._. bT18C,3,Y939 and last raw 3u allot on lleC.. 2, 1959t,t r Deam .veer... at 12140 AMUm m the date elated agre:and to tat beat of my knowledge.from the cameo.teed 0 1 Da Ha. SIONATURE ( nn Pr IIIl.1 fkb. Adam toe. Date Planed 1 E. P. MONTGOMERY, M.D. Greeley, Colorado 12-5-59 i.Me. Burial Cremation. lab Data tie. None of Centlery or CrematoryCrematory114. Location (City.town.or Hei)., ..: biiT.al !Dec. 5, 1959 Sunset Memorial Gardens Gre01e « jn Dingle. fl. Funeral Dingle. Address IS. Date Date Reed fly?real nn. St -1= 1(� .;:at ' MACYSI John Allnutt. Greeley, Colorado 12-5-1959 ,_ JP STATE OP COLORADO count,of weM m. ffy �.?, p,.; I. J 11. WHITE M.D., teal Enthuse of Vital Statistic. tar the County or Web. State of Colorado. do hereby certify � rnrrret COPY or the retort!of death of PETE D. HLAGEL •.` �Et', and � y 1Y a+ (Nano M Y in ear• •reds a d nn. n Pik in /olnee December �`'�a clean rents my h.ne.rye rut ni. 23d ay or .- P tonal Reelnnae of vlw Diauaun r . i,9 r' .l4 4% Pmbtrnlon DlslAe No,ue..Watl'di.nty.Gklrado. I W Ihi&ism ar m,‘3, ti OF C°LO4, DEPARTMENT OF NATURAL RESOURCES t t DIVISION OF WATER RESOURCES ♦\* �,#*/ Weld County Planning Department6+11 Ritter,Jr \f876 May 10, 2010 GREELEY OFFICE Governor Harris D.Sherman MAY 1 3 ?(11f1 Executive Director Dick Wolfe,P.E. Mr. Tom Parko RECEIVED Director/State Engineer Weld County Planning Department 1555 N17th Ave. Greeley, Co 80631 Re: Exemption from Platting-70 Ranch, LLC Case No. RE-5024 W1/2, Sec. 36, T5N, R64W, 6th P.M. Water Division 1, Water District 1 Dear Ms. Hatch: We have reviewed the above referenced proposal to create by exemption four lots of 13 acres (Lots A, B and C) and 156 acres (Lot D). The water supply for the four lots 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, B, C and D of RE-5024 to obtain a well permit will be evaluated at the time that the well permit application is submitted. Should you have any questions in this matter, please contact loana Comaniciu of this office. Sincerely. A _,44 Joan a Williams, P.E. r 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
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