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Martin Legal Description: W2 SW4 of Section 35, Township 8 North, Range 62 West of the 6'" P.M. Weld County, Colorado Parcel ID#: 0545 35 000003 Lot A Size: +/- 10 acres Lot B Size: +/- 73 acres Water Source: Proposed Wells 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. 2. The applicant has proposed a well as the source of adequate water for Lots. Property owners are advised that the quantity of water available for usage may be limited to specific uses, i.e., V/&- 2/9/ • • "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: The plat shall be titled: Recorded Exemption No. 0545-35-3 RE-5055 / Lot B shall use the existing agricultural / oil and gas/ditch road access points necessary for agricultural operations as no additional accesses shall be granted. 7 All approved accesses shall be clearly shown on the plat. The applicant shall contact the Weld County Department of Public Works to determine if a culvert is necessary at any approved road access point. If a drainage culvert is required, a 15 inch Corrugated Metal Pipe (CMP) is Weld County's minimum size. If the applicant chooses to place a larger culvert please contact the Weld County Department of Public Works to adequately size the culvert. County Road 86 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 and delineate on the plat the existing right-of-way and the documents creating the right-of- way. All setbacks shall be measured from the edge of future right-of-way. If the right-of- way cannot be verified, it shall be dedicated. This road is maintained by Weld County. E. County Road 81 is a section line road, which requires 60 feet of right-of-way at full build out. The applicant shall verify and delineate on the plat the existing right-of-way and the documents creating the right-of-way. All setbacks shall be measured from the edge of future right-of-way. F. The applicant shall contact the Weld County Traffic Engineer regarding the access to Lot A. Evidence of the approved location of the access shall be submitted to the Weld County Department of Planning Services. 7" Lot A shall comply with the two and one-half (2 1/2) acre net minimum lot size required by Section 24-8-40.L of the Weld County Code. Net acreage calculations should not include reserved road right-of-way. 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. The applicant shall record a deed describing the property as W2 SW4 of Section 35, Township 8 North, Range 62 West of the 6`h P.M. Weld County, Colorado. A recorded copy of the deed shall be submitted to the Weld County Department of Planning Services. J. Any disputed property boundaries need to be addressed prior to recording the plat. K. The following notes shall be placed on the plat: 1) All proposed or existing structures will or do meet the minimum setback and offset • • requirements for the zone district in which the property is located. Pursuant to the definition of setback in the Weld County Code, the required setback is measured from the future right-of-way line. * No building or structure as defined and limited to those occupancies listed as Groups A, B, E, F,H, I, M and R in Section 302.1 of the 2003 International Building Code, shall be constructed within a 200-foot radius of any tank battery or within a 150-foot radius of any wellhead. Any construction within a 200-foot radius of any tank battery or 150-foot radius of any wellhead shall require a variance from the terms of the Section 23-3-10 of the Weld County Code. 2) Any future structures or uses on site must obtain the appropriate zoning and building permits. 3) Lot A is not eligible for a future land exemption in accordance with Section 24-8- 20.C.1 of the Weld County Code. 4) Prior to the release of building permits, the applicant shall submit a recorded deed describing the .Lot upon which the building permit is requested with the building permit applications. The legal description on such deed shall include the Lot designation and Recorded Exemption number. 5) Prior to the release of building permits, the applicant shall submit evidence to the Department of Planning Services that Lots A and/or B have an adequate water supply of sufficient quality, quantity and dependability. 6) Prior to the release of building permit, the applicant shall submit evidence of approval from the Briggsdale Fire Protection District to the Weld County Building Department. 7) Potential purchasers should be aware that Lots A and/or B may not be eligible for a domestic well permit which allows for outside irrigation and/or the watering of stock animals. The State Division of Water Resources issues all well permits. 8) 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. 9) 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. 10) 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. 11) Building permits shall be obtained prior to the construction of any building. Buildings that meet the definition of an Ag Exempt Building per the requirements of Section 29- 1-20 and Section 29-3-20.B.13 of the Weld County Code do not need building permits, however, a Certificate of Compliance must be filed with the Planning Department and an electrical and/or plumbing permit is required for any electrical • • service to the building or water for watering or washing of livestock or poultry. 12) 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) 13) 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) 14) Prior to the release of building permits on Lots A and/or B, the Lot owner shall verify with the nearest Town/City or Sanitation District to determine the location of the nearest sanitary sewer line. In accordance with the Weld County Code, if a sewer line exists within four hundred (400) feet of the property line and the sewer provider is willing to serve the proposed structure, a septic permit cannot be granted by the Weld County Department of Public Health and Environment. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. 15) 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, ArcInfo Coverages and Arclnfo Export files format type is .e00. The preferred format for Images is .tif (Group 4). (Group 6 is not acceptable). This digital file may be sent to mapsco.weld.co.us. 8. The Weld County Department of Planning Staff's approval of this Recorded Exemption Application is based on satisfying the Conditions of Approval. Should an applicant be unwilling or unable to meet any one of these conditions within 60 days of approval, then this case will be forwarded to the Weld County Board of County Commissioners with a staff recommendation for denial. By/WA1/4/ Date Michelle Martin 0 Planner Ill • P Plat Checklist OC Planner I - Item Comments Check heck Proper size and material 4" x 3'" r 18"x 24" /Minimum 3 millimeter polyester sheet Uttering No stick-on lettering / Minimum 8 pt. lettering Boundaries of Lots - Scale Suitable Scale? (1'=20 or 1"=100') Accesses indicated Shared Access?If so, is easement Certificate included? Roads labeled,including R.O.VI Building Envelope(s) 1-- ---- Vicinity Map Suitable Scale? (Minimum l" =2000') V North Arrow Legal Description Notes from Planner/ Development Standards l - Conditions of Approval COQ 5 t( lr 9 ......, Owner's Certificate Notarial Certificate included? All owners must sign the plat, check the deed. Surveyor's Certificate and All surveyed plats Surveyor's Stamp Note: USR plats do not need to be surveyed / Director of Planning Notarial Certificate included? (RE, SE, SFR. Final PUD if V Certificate - Staff Approved) Planning Commission (USR, COZ, Minor Sub.Final) Certificate Board Certificate (USR, COZ„ Minor Sub Final) (Final PUD, RE, SE &ZPME if Board approved) Typical Road Cross Section (COT, Final Minor Sub, and Final PUD) -se Easements Please return the plat to the AI) Technician within 24 hours of receiving the plat. Planner on Call: (Initials) Date. Planner Signartse: 1 l a) u_ j U co -O C O '� G- o Q I U 12 co co NI N p CO II \ Co /, o U C c a co O C , N m Q t 0 _ a p ma 0 0 D! Q p D II It I I . ii +i,. P_ co z I a> E m L olr m o r a) _c s N 0 C) LP 'v U c@ c E -c: c U - E ou -o E C U .cp N o -) Q cp L O N N': O 0 O vO U U U 3 L L, U N n3 tp E v .c c co ✓� U U Q • r �, = pl n L c O ci..::477 I aHHH hi DWELD COUNTY,COLORADO EPARTMENT OF PLANNING SERVICE 9181&"STREET GREELEY,CO 80631 PHONE:970-353-6100,EXT.3540/FAX:970-304-6498 r Date: f'/�3 20 / [� Receipt No. 1 J ;a 1 0 Received From: V///KZ v Permit Type No. Description Fee t 4 21-RE/SE J `7tc13- Lc7 /« /Oco 4221 ZPMH'' 4221-USR 4221-SITE PLAN REVIEW 4221-CHANGE OF ZONE 4221-PU D 4221-MINOR/MAJOR SUB #OF BUILDABLE LOTS 4221-ADDITIONAL 30% FEE FOR SUB's 4221-RE-SUBDIVISIONS 4221-BOA 4221-FHDP/GHDP 4430-MAPS/POSTAGE 4430-COPIES 4730-INVESTIGATION FEE 6560-RECORDING FEE MISC. ❑CASH ECK NO. /h/ c 2? TOTAL FEE /( Receipted By: / f DL# Exp. WELD COUNTY,COLORADO DEPARTMENT OF PLANNING SERVICES 1555 N 17TH AVENUE GREELEY,CO 80631 PHONE:970-353.6100, EXT. 3540/FAX: 970-304-6498 Date: / 1 f 20 Receipt 'No. 1 57 0 Received From: , Permit Type No. Description Fee 4221-RE/SE 4221-ZPMH 4221-USR 4221-SITE PLAN REVIEW 4221-CHANGE OF ZONE 4221-PUD 4221-MINOR/MAJOR SUB #OF BUILDABLE LOTS 4221-ADDITIONAL 30% FEE FOR SUB's 4221-RE-SUBDIVISIONS 4221-BOA 4221-ZPCV/ZPAS 4430-MAPS/POSTAGE 4430-COPIES 4730-INVESTIGATION FEE • 6560-RECORDING FEE ) 1- - OCASH [CHECK NO. A ) OCREDIT CARD TOTAL FEE J Receipted By: . . DL# Exp. Michelle Martin From: Dan Griggs [griggsdan@gmail.com] Sent: Friday, November 19, 2010 3:14 PM To: Michelle Martin Subject: Re: RE-5055 Michelle & Chris, You have my permission to add the new exhibit# to the plats. Please let me know what they are. Dan Griggs Contract Surveyors, Ltd. On Fri,Nov 19, 2010 at 3:06 PM, Michelle Martin <mmartinco.weld.co.us> wrote: HI Rick, As we discussed on the phone this morning the Exhibit A of the fence line agreement does not reflect the entire 80 acres. Therefore a new exhibit will need to be recorded that shows the entire 80 acres and the fence line. This new exhibit will need to clarify that it's a corrected exhibit. The new reception will need to be added to the Recorded Exemption plat (RE-5055). With the surveyor permission (via email) I can add this information to the plat. Also Chris Gathman has also requested that the reception numbers (3730358 and the new#) for the fence line agreement be added to the USR plat. With the surveyor permission (via email) he can add this information to the plat. If you have any questions please don't hesitate to contact me. i'lsnncr (tI T7th \c� G r::elc�. Co 80631 mmartin@co.weld.co.us 1'IiOvll: {950)353-6100 x 3540 I.,\N'. (9%0) :(i4-6198 1 I Michelle Martin From: Michelle Martin Sent: Friday, November 19, 2010 3:07 PM To: 'Rick D. Bailey' Cc: Chris Gathman; 'Bob D. Hirsekorn'; 'Dan Griggs' Subject: RE-5055 HI Rick, As we discussed on the phone this morning the Exhibit A of the fence line agreement does not reflect the entire 80 acres. Therefore a new exhibit will need to be recorded that shows the entire 80 acres and the fence line. This new exhibit will need to clarify that it's a corrected exhibit. The new reception will need to be added to the Recorded Exemption plat (RE-5055). With the surveyor permission (via email) I can add this information to the plat. Also Chris Gathman has also requested that the reception numbers (3730358 and the new#)for the fence line agreement be added to the USR plat. With the surveyor permission (via email) he can add this information to the plat. If you have any questions please don't hesitate to contact me. Michelle Martin Planner III 1555 N 17th Ave Greeley, CO 80631 mmartin@co.weld.cows PHONE: (970)353-6100 x 3540 FAX: (970)304-6498 1 Michelle Martin From: Rick D. Bailey[Rick.Bailey@viaerocorn] Sent: Monday, November 15, 2010 4:13 PM To: Michelle Martin Subject: Re 5055 requirements Michelle, I have Dan working the changes you made on the Plat, he should be forwarding the corrective copy soon. You indicated that you were unable to find the reception #on the fence agreement it is 3730358. I am not sure as what you are requesting when you said that we need to contact Janet Carter the Traffic Engineer. I have left a message for her although we are still awaiting a return phone call. When I review the replies from Public Works on the RE & USR they indicate they are missing the WC Road Access Information Sheet. I have attached a copy as we had turned it in with our USR and RE applications. There seems to be a question as to how lots A& B will be accessed. They will be using the same existing access from CR 86. Thanks, Rick Bailey Viaero Wireless 1224 W. Platte Ave. Fort Morgan,CO 80701 Phone 970-768-6464 rick.bailey@viaero.com IMPORTANT: The information contained in or attached to this E-MAIL message is intended only for the CONFIDENTIAL use of the individual(s) named above. If you are not the named recipient or an agent responsible for delivering it to the named recipient,you are hereby notified that you have received this e-mail message and any attachments in error and that review, dissemination, distribution or copying of this e-mail message and any attachments is prohibited. Misdelivery of this communication does not constitute waiver of any applicable privilege. If you have received this e-mail message and any attachments in error, please notify the sender immediately by telephone or e-mail and then delete the e-mail message and any attachments from your computer and/or network.Thank you. ,,,,1. " @ 'J. , e° (7.5 . 'P< 'rl a 1 Michelle Martin From: Michelle Martin Sent: Monday, November 15, 2010 11:14 AM To: 'Dan Griggs' Cc: 'Bob D. Hirsekorn' Subject: RE-5055 Attachments: DEST2132.tif Dan, I have attached the redlines for RE-5055, there are just a few modifications that need to be made to Sheet 1. Let me know if you have any questions. Michelle Martin Planner III 1555 N 17th Ave Greeley, CO 80631 mmartin@co.weld.co.us PHONE: (970)353-6100 x 3540 FAX: (970) 304-6498 1 • • DEPARTMENT PLANNING SERVICES 6 1555 N. 17th GREELEY, COLORADO 80631 PHONE: (9(970) 353-6100, EXT. 3540 FAX: (970) 304-6498 WI`Pc. COLORADO Date: September 27, 2010 Applicant: Bob White Project: Two-Lot Recorded Exemption Case Number: RE- 5055 Parcel Number: 0545 35 00003 1. Applicant's statement indicates there will be no construction on site .Based on the information supplied; no building permits will be required. Sincerely, Ken Swanson Building Official Weld County Building Department Kristine Ranslem From: Kristine Ranslem Sent: Wednesday, September 08, 2010 10:48 AM To: Bethany Salzman; 'joanna.williams@state.co.us'; 'Billings, Sandra'; 'troy.florian@state.co.us'; 'Joyce Wallace'; 'rmondt@briggsdaleschool.org' Subject: RE-5055 Referral Attachments: Referral Sheetpdf; Recorded Exemption Application.pdf We have just received a case (RE-5055) in which we ask that you review the attached material and send a referral to us by October 8, 2010. Attached is the application and referral sheet. You may send your comments to the Planner assigned to this case, which is Michelle Martin (mmartinco.weld.co.us) If you have any problems with the attachments, we will provide hard copies upon request. Thank you! -/�I r IOGL Ake o K,rksti,we Rai/sLevw 61i1 WA* r Planning Technician U Weld County Planning Services 1555 N 17th Ave, Greeley CO 80631 970-353-6100 ext. 3519 1 • Kristine Ranslem From: Kristine Ranslem Sent: Wednesday, September 08, 2010 10:49 AM To: 'Bob.Hirsekorn@Viaero.com' Subject: Case RE-5055 Attachments: Applicant letter.pdf Please see the attached letter. If you have any questions, please let us know. Thank you! Kr%st%N,C Ra wsLevy. Planning Technician Weld County Planning Services 1555 N 17th Ave, Greeley CO 80631 970-353-6100 ext. 3519 1 resti;- „, DEPARTMENT OF PLANNING SERVICES 1555 N 17th AVE GREELEY, CO 80631 CPHONE: (970)353-6100, Ext. 3540 O FAX: (970) 304-6498 COLORADO September 8, 2010 Bob White c/o Bob Hirsekorn NE Colorado Cellular, Inc 1224 W Platte Ave Ft. Morgan CO 80701 Subject: RE-5055 -A Recorded Exemption located on a parcel of land described as W2SW4 of Section 35, T8N, R62W of the 6th P.M., Weld County, Colorado. Dear Applicants: Your recorded exemption application is being processed. If it is determined that the application meets the approval criteria of Chapter 24 of the Weld County Code, you will be notified that the recorded exemption is approved. If staff determines that the application does not meet the approval criteria or if staff has concerns with the application, staff may elect to forward the application for review to the Board of County Commissioners. You will be notified and asked to appear before the Board of County Commissioners at a public hearing. You will be informed of the hearing date prior to the hearing. The Board of County Commissioners will then consider your application and make a final decision on the recorded exemption. If you have any questions concerning this matter, please call me. Sincerely, Digitally signed they Kristine fhis om Beasortl 15 theauthor1Ave this document Location:1555 N 1 Rh Ave Date:2010.09.08 10:31:32-0600' Michelle Martin Planner Michelle Martin From: Michelle Martin Sent: Monday, August 30, 2010 4:06 PM To: 'bob.hirsekorn@viaero.com' irsekorn@viaero.com' Subject: RE application Bob, I thought I would follow up with an email to let you know I need an updated Certificate of Conveyances before I can set up your Recorded Exemption application. Please let me know if you have any questions. Michelle Martin Planner III 1555 N 17th Ave Greeley, CO 80631 mmartin@co.weld.co.us PHONE: (970)353-6100 x 3540 FAX: (970) 304-6498 del /)ec1s S" dpd ("C (0C- 0‘/2,6/ o � c;124 aal0 1 (sicov„-- Wi`PgDe APPLICATION FLOW SHEET COLORADO APPLICANT: Bob White CASE #: RE-5055 REQUEST: Two Lot Recorded Exemption LEGAL: W2 SW4 of Section 35, Township 8 North, Range 62 West of the 6'h P.M. Weld County, Colorado LOCATION: North of and adjacent to CR 86 and east of and adjacent to CR 81. PARCEL ID #: 0545 35 000003 ACRES: +/- 80 acres Date By Application Received 8/13/2010 TP Application Completed 9/7/2010 MM Referrals listed 9/7/2010 MM Vicinity map prepared File assembled lig'ID F-1L Case logged in computer Letter to applicant mailed Referrals mailed Field check by DPS staff Administrative Review decision: 4c3tl-al J®/l9/010 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 `; B Plat recorded and filed iJ jet ID c,1{} ) r' J Overlay Districts �l Zoning Agricultural MUD Yes No X IGA YesNo_X_ Airport YesNo_X_ Geologic Yes_No_X_ Flood Hazard YesNo_X_ Panel#080266 RECORDED EXEMPTION (RE) APPLICATION FOR PLANNING DEPARTMENT USE DATE RECEIVED: RECEIPT/AMOUNT# /$ CASE#ASSIGNED: APPLICATION RECEIVED BY PLANNER ASSIGNED: Parcel Number 0 n5 4 5 _ 3 5 _0 _0 0 _0 0 3 (12 digit number-found on Tax I.D. information,obtainable at the Weld County Assessor's Office,or www.co.weld.co.us) Legal Description Southwest 1/4 of Southwest 1/4 , Section 35 , Township8 North, Range 62 West Has the property been divided from or had divided from it any other property since August 30, 1972? Yes No n Is this parcel of land, under consideration, the total contiguous land owned by the applicant? Yes O No O FEE OWNER(S) OF THE PROPERTY: Name: Bob E.White Work Phone# Home Phone# (970)-339-8554 Email Address Address: 3315 33rd Ave Ct City/State/Zip Code Greeley/Colorado/80634 APPLICANT OR AUTHORIZED AGENT (See Below:Authorization must accompany all applications signed by Authorized Agent) Name: NE Colorado Cellular,Inc d.b.a.Viaero Wireless,Bob Hirsekorn Work Phone# (970)-542-3823 Home Phone# (303)-243-1149 Email Address bob.hirsekorn@viaero.com Address: 1224 W.Platte Avenue City/State/Zip Code Fort Morgan/Colorado/80701 Lot A Lot B Lot C Lot D Smaller Parcel Water Source None Required None Required Type of Sewer None Required None Required Proposed Use Tower/Grazing Grazing Acreage 10.01 73.01 Existing Dwellings? If Yes, list address If Yes, list address If Yes, list address If Yes, list address below: below: below: below: "iv(1'40\, , 7/o6os coo, `�aoo9 zx? If the property is vacant or unimproved write proposed water source and proposed sewer system for each parcel in the blanks above. For example, if a well and septic is proposed state: proposed well,proposed septic. I (We) request that the following described property be designated a Recorded Exemption by the Weld County Board of County 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 evide must be included showing the signatory has the legal authority to sign for the corporation. S/2/1070 „Ignatur . Owner or Authorized Agent Date Signature: Owner or Authorized Agent Date DISCLOSURE LETTER January 21, 2010 Weld County Planning and Zoning North Weld Building 918 Tenth St Greeley CO 80631 Dear Sirs: I hereby acknowledge my full awareness of the application/request being presented to Weld County by NE Colorado Cellular, Inc. d.b.a. Viaero Wireless for a special use review for a cellular communications facility on a parcel of land in the SW corner of Section 35, Township 8 North, Range 62 West and a recorded exemption for the same parcel. I hereby acknowledge that Robert Hirsekorn will be the authorized representative in the matter. Sincerely, R S-White rad RECORDED EXEMPTION QUESTIONNAIRE 1. Water supply statements addressing the following: a.Domestic use b.Irrigation water. No water will be required as this will be an unmanned facility. 2. A statement explaining that the proposed lots will have an adequate means for the disposal of sewage incompliance with the requirements of the underlying zone district and the Weld County Department ofPublic Health and Environment. Sewage disposal will not be required as this will be an unmanned facility. 3. A description of how the property is being used. Where 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, laborhome, mobile home, manufactured home,barn, outbuildings, and oil/gas well production facilities on theproperty. If the property is being farmed the location of any pivot sprinklers and irrigation ditches as well as types of crops being produced. The 80 acres is located in the Agricultural Zone District in the Southwest 'A of the Southwest 1/4 of Section 35, Township 8 North Range 62 West of the 61h Prime Meridian in Weld County, Colorado. The lot is currently used for grazing cattle. There are no improvements on the land 4. A description of the location, size, present and future use of the area where the proposed new lot(s) will be created. (Example - "The new lot will be approx five acres in size and located west of and adjacent to CR. and the north boundary of the property. It is being created to be sold for a single family dwelling site.") The new lot will be approximately 10.01 acres in size and located northeast of the intersection of CR 86 and CR 81. It is being created to be sold to NE Colorado Cellular, Inc., d.b.a Viaero Wireless. Viaero is proposing to place a cellular facility on the lot. 5. A statement describing any unique physical characteristics on the site. 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. The only thing on the lot will be a cellular tower, an equipment building, a generator and a propane tank. The attached drawing indicates the proposed layout. 7. Is there a Business or Use by Special Review permit on the property? If so, will it be vacated or remain on the Recorded Exemption lot(s)? There are no businesses or Use by Special Review permits on the property. Applications are in process for a permit to build a cellular communication facility. Weld County Treasurer• Statement of Taxes Due Account Number R0583386 Parcel 054535000003 Legal Description Situs Address 6458 ALL 35 8 62(4R4L) Account: R0583386 WHITE BOB E 3315 33RD AVE CT GREELEY,CO 80634 Year Charges Billed Payments Balance 2009 Tax $185.46 $185.46 $0.00 Grand Total Due as of 11105/2010 $0.00 Tax Billed at 2009 Rates for Tax Area 1006- 1006 Authority Mill Levy Amount Values Actual Assessed WELD COUNTY 16.8040000* $52.09 AG-DRY FARM LAND $4,575 $1,330 SCHOOL DIST RE10J 29.4540000 $91.30 AG-GRAZING LAND $6,098 $1,770 BRIGGSDALE FIRE 4.0020000 $12.41 Total $10,673 $3,100 AIMS JUNIOR COLLEGE 6.3120000 $19.57 HIGH PLAINS LIBRARY 3.2550000 $10.09 Taxes Billed 2009 59.8270000 $185.46 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 TREASURERS OFFICE WILL NEED TO BE CONTACTED PRIOR TO REMITTANCE AFTER THE FOLLOWING DATES: PERSONAL PROPERTY AND MOBILE HOMES-AUGUST 1, REAL PROPERTY-AUGUST 1. Weld County Treasurer•P.O. Box 458, Greeley CO 80632• 1400 N 17th Ave,Greeley CO 80631 •(970)353-3845 ext.3290 WELD COUNTY TREASURER Pursuant to the Weld County Subdivision Ordinance, the attached Statement(s) of Taxes Due, issued by the Weld County Treasurer,are evidence that, as of this date, all property taxes, special assessments and prior taxes liens currently due and payable connected with the parcel(s) identified therein have been paid in full. Signed — Date //5-:24e Weld County Treasurer Statement of Taxes Due Account Number R0583386 Parcel 054535000003 Assessed To WHITE BOB E 3315 33RD AVE CT GREELEY,CO 80634 Legal Description Situs Address 6458 ALL 35 8 62(4R4L) Year Charges Billed Payments Balance 2009 Tax $185.46 $185.46 $0.00 Grand Total Due as of 06/07/2010 $0.00 Tax Billed at 2009 Rates for Tax Area 1006- 1006 Authority Mill Levy Amount Values Actual Assessed WELD COUNTY 16.8040000* $52.09 AG-DRY FARM LAND $4,575 $1,330 SCHOOL DIST RE10J 29.4540000 $91.30 AG-GRAZING LAND $6,098 $1,770 BRIGGSDALE FIRE 4.0020000 $12.41 Total $10,673 $3,100 AIMS JUNIOR COLLEGE 6.3120000 $19.57 HIGH PLAINS LIBRARY 3.2550000 $10.09 Taxes Billed 2009 59.8270000 $185.46 Credit Levy ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE LIENHOLDER OR TO ADVERTISING AND DISTRAINT WARRANT FEES. CHANGES MAY OCCUR AND THE TREASURER'S OFFICE WILL NEED TO BE CONTACTED PRIOR TO REMITTANCE AFTER THE FOLLOWING DATES: PERSONAL PROPERTY AND MOBILE HOMES-AUGUST 1, REAL PROPERTY-AUGUST 1. Weld County Treasurer P.O. Box 458,Greeley CO 80632 1400 N 17th Ave,Greeley CO 80631 (970)353-3845 ext. 3290 • • REFERRAL LIST Name: Bob White Case#: RE-5055 County Towns & Cities Fire Districts _Attorney _Ault _Ault F-1 x Health Department _Berthoud _Berthoud F-2 _Extension Office _Brighton x Briggsdale F-24 _Emergency Mgt Office- Ed Herring _Dacono _Brighton F-3 _Sheriffs Office _Eaton _Eaton F-4 x Public Works _Erie _Fort Lupton F-5 _Housing Authority _Evans _Frederick _Airport Authority _Firestone _Galeton F-6 _Building Inspection _Fort Lupton _Hudson F-7 x Code Compliance _Frederick _Johnstown F-8 Kim Ogle (Landscape Plans) _Garden City _LaSalle F-9 _Lin (Addressing Change of Zone) _Gilcrest _Mountain View F-10 _Ambulance Services _Greeley _Milliken F-11 _Grover _Nunn F-12 State _Hudson _Pawnee F-22 x Div. of Water Resources _Johnstown _Platteville F-13 _Geological Survey _Keenesburg _Platte Valley F-14 _Department of Health _Kersey _Poudre Valley F-15 _Department of Transportation _LaSalle _Raymer F-2 _Historical Society _Lochbuie _Southeast Weld F-16 _Water Conservation Board _Longmont _Union Colony F-20 _Oil & Gas Conservation Commission _Mead _Wiggins F-18 _Milliken _Windsor/Severance F-17 Division of Wildlife _New Raymer _South Hwy 66 (Loveland) _Northglenn Commissioner x 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 _US Army Corps of Engrs x School District RE-10 _USDA-APHIS Vet Service _Central Colo. Water Cons Federal Aviation Admin (Structures _RR over 200 ft or w/in 20000 ft of Pub _Ditch Company Airport _Art Elmquist (MUD Area) Federal Communications Comm • Referral List • Name: Case# 1S C ' So)s County Towns&Cities Fire Districts _Attorney _Ault _Ault F-1 LIR. f[n Department _Berthoud Berthou -2 _Extension Office Brighton _ riggsdale F-24 _Emergency Management Office-Ed Herring _Dacono _Brighton F-3 _Sheriffs Off Eaton _Eaton F-4 _ ubliLP' c Works Erie Fort Lupton F-5 _Housing Authority _Evans _Galeton F-6 _Airport Authority Firestone _Hudson F-7 _Building Inspection _Fort Lupton _Johnstown F-8 e Compliance _Frederick _LaSalle F-9 _Assessor Office/Chris Woodruff(Final Plan) _Garden City _Mountain View F-10 Kim Ogle(Landscape Plans) _Gllcrest _Milliken F-11 _Lin or Peggy(Addressing Change of Zone) Greeley _Nunn F-12 Ambulance Services Grover Pawnee F-22 State Hudson Platteville F-13 iv.of Water Resources Johnstown Platte Valley F-14 Geological Survey _Keenesburg _Poudre Valley F-15 Department of Health _Kersey _Raymer F-2 _Department of Transportation _LaSalle _Southeast Weld F-16 _Historical Society _Lochbule _Union Colony F-26 Water Conservation Board _Longmont _Western Hills F-20 _Oil&Gas Conservation Commission _Mead _Wiggins F-18 Division of Wildlife Milliken _Windsor/Severance F-17 _South H '66(Loveland) _New Raymer _ orth Hwy 66(Greeley) _Northglenn Legal _Division of Minerals/Geology _Nunn Parcel ID# Soil Conservation Districts Pierce Zone Acres? _Big Thompson _Platteville USDA Boulder Valley Severance Airport Brighton _Thornton Geo Haz Centennial Windsor FP? Panel# Fort Collins Counties Road Impact Fee Area? *1/4.gfeeley _Adams (SW#1 ,#2 ,#3 ,Windsor ) _Longmont Boulder IGA? ORD# Morgan _Broomfield MUD? _Platte Valley Larne{ Southeast Southeast Weld Other H West Adams Central Colo.Water Conservancy Dist Federal Government Agencies _ Left Hand Water _US Army Corps of Engrs School District RE- I O USDA-APHIS Vet Service _Art Elmquist(MUD Area) Federal Aviation Admin(Structures over _Ditch Company, over 200 ft or wM 20000 ft of Pub Airport Commissioner 7 7 ft4(- 1RHI Weld County Referral.. 11 _ , j COLORADO September 8, 20 0 ,I SEP - 9 2010 i The Weld County Department of Planning Services has received the following item for review' _ _.._.._.____1 Applicant Bob White Case Number RE-5055 ` COW .. Please Reply By October 8, 2010 Planner Michelle Martin Project Two Lot Recorded Exemption Legal W2SW4 of Section 35, TBN, R62W of the 6th P.M., Weld County, Colorado. • Location North of and adjacent to CR 86; east of and adjacent to CR 81. For a more precise location, see legal. Parcel Number 0545 35 000003 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. ❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan U We have reviewed the request and find no conflicts with our interests. ee attached letter. Please notify me of any public hearings regarding this request. Comments: Signature ii Date g Se•/D Agency rP W • (*Weld County Planning Dept. +-1555 N 17'"Ave, Greeley, CO. 80631 9(970)353-6100 ext.3540 :•(970)304-6498 fax • • • Weld County Planning Department GREELEY OFFICE risk (t14H-H. MEMORANDUMEt (RCEIVED TO: Michelle Martin, Planning Services DATE: October 4, 2010 C FROM: Donald Carroll, Engineering Administrator 41u COLORADO SUBJECT: RE-5055, Bob White 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 86 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. Section Line Access: (right-of-way) Section line access (CR 81) REQUIREMENTS: Utilize the existing agricultural, oil and gas, and ditch roads that are necessary for your agricultural operation. (Lot B) 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 applicant shall complete a Weld County Access Permit. If a drainage culvert is required the County shall size your drainage culvert, width and location of your Access point. Contact Public Works Traffic Engineer. (Lot A) Flood Hazard Development Standards: This area is not in a Special Flood Hazard Area (SFHA) as determined by the Federal Emergency Management Agency (FEMA). pc: RE-5055 M:\PLANNING— DEVELOPMENT REVIEW\RE-Recorded Exemption\RE-5055\RE-5055.docx • Page I of I M:\PLANNING-DEVELOPMENT REVIEW\RE-Recorded Exemption\RE-5055\RE-505: � C064, Weld County Public s Dept. • 3``'V .4 1111 H Street ACCESS PERMIT „0 ,,,, sr uj P.O. Box 758 O V "M- Q4C Greeley, CO 80632 APPLICATION FORM %/C j 9 Phone: (970)304-6496 Fax: (970)304-6497 Applicant ' II Property Owner (If different than Applicant) Name _9pp 11 t{trS42-6(-IN_ Name ?)o1/2--, ,A #c Company NE e/eo Cel/utlnv- ic ' f va.l 'Manzi Address 3315 -334 A-vp C+. w,n. Address I2T1* W . ?t -�--e_ Ave. (�� City 6reele4 StateE?> Zip P0693 y City t -i'_ MA vy IA State C O Zip PDOO/ Phone 970 -, 35 - e'SS c{ Business Phone 303 - , 9-3 --)/4-5 Fax Fax q70- sl,--/ -3 ? E-mail E-mail DB , h t r ctL r , e s v �' . ♦= Existing Access A= Proposed Access Parcel Location&Sketch The access is on WCR W 4,Nearest Intersection: WCR F jj &WCR 81 wcR Distance from Intersection Sawte_ Parcel Number 05 S Sy O po o ci 3 Section/Township/Range 3 /g0 /(oZL' t C s u u Is there an existing access to the property? YESONO O N 3 3 Number of Existing Accesses a, Road Surface Type&Construction Information A a a Asphalt 0 Gravel II Treated 0 Other WCR Culvert Size &Type Materials used to construct Access (\ C Cee S Construction Start Date tics Finish Date / SA-V-1) j� Proposed Use )±f ®Temporary(Tracking Pad Required)/$75 0 Single Residential/$75 O Industrial/$150 ()Small Commercial or Oil & Gas/$75 O Large Commercial/$150 O Subdivision/$150 OField (Agriculture Only)/Exempt Is this access associated with a Planning Process? ❑ No gl USR ❑RE El PUD ❑ Other Required Attached Documents - Traffic Control Plan -Certificate of Insurance -Access Pictures (From the Left, Right, & into the access) By accepting this permit,the undersigned Applicant, under penalty of perjury,verifies that they have received all pages of the permit application;they have read and understand all of the permit requirements and provisions set forth on all pages;that they have the authority to sign for and bind the Applicant, if the Applicant is a corporation or other entity; and that by virtue of their signature the Applicant is bound by and agrees to comply with all said permit requirements and provisions,all Weld County ordinances,and state laws regarding facilities construction. 1' Signature�� t!Cc�c. Printed Name f2Aazt \-cw-s '�Orvs, Date SlI(2— I LD la Approval or Denial will be issued in minimum of 5 days. Approved by Revised Date 6/29/10 • • • KE bobt7 �V CO(71 Weld County Public Works Dept. �� !- 1111HStreet ACCESS PERMIT "°-`t �„-+c„ P.O. Box 758 APPLICATION FORM eisr ,,c ik' Greeley, CO 80632 </C WO Phone: (970)304-6496 Fax: (970)304-6497 Applicant Property Owner(If different than Applicant) Name Name Bob ra Nall 3C Company Address 33/C 33viLu Cr Address City GR.EELE1 State Co Zip 804o3y City State Zip Phone qmo— 33c- 8554 Business Phone Fax Fax E-mail E-mail ♦= Existing Access L.=Proposed Access Parcel Location &Sketch I The access is on WCR 8C:, Nearest Intersection: WCR 86 &%'CR 81 S.L. I cR$g 5.1. - + I i Distance from Intersection 3 j� Parcel Number "I ~ to 3 fo Section/Township/Range 3S1 8/�� T 3S u Is there an existing access to the property? YES NO N 1 1.oT 8 Number of Existing Accesses I Road Surface Type&Construction Information A I WCR 84,Asphalt_ Gravel_ Treated _ Other m Culvert Size &Type ap Materials used to construct Access a 3 ' Construction Start Date Finish Date Proposed Use o Temporary (Tracking Pad Required)/$75 o Single Residential/$75 o Industrial/$150 o Small Commercial or Oil &Gas/$75 ❑ Large Commercial/$150 O Subdivision/$150 o Field (Agriculture Only)/Exempt • Is this access associated with a Planning Process? O No O USR IQ RE ❑ PUD ❑Other Required Attached Documents -Traffic Control Plan -Certificate of Insurance -Access Pictures(From the Left, Right,&into the access) By accepting this permit,the undersigned Applicant, under penalty of perjury,verifies that they have received all pages of the permit application;they have read and understand all of the permit requirements and provisions set forth on all pages;that they have the authority to sign for and bind the Applicant,if the Applicant is a corporation or other entity;and that by virtue of their signature the Applicant is bound by and agrees to comply with all said permit requirements and provisions,all Weld County ordinances,and state laws regarding facilities construction. Signature Printed Name Date Approval or Denial will be issued in minimum of 5 days. Approved by Revised Date 6/29/10 ra-itL Memorandum TO: Michelle Martin, W.C. Planning DATE: September 28, 2010, 2010 • FROM: Mary Evett, W.C. Department of Public COLORADO Health and Environment CASE NO.: RE-5055 NAME: Bob White Environmental Health Services has reviewed this proposal to exempt 10.01 acres from an 83.02 acre site. Proposed lot A will consist of 10.01 acres and a Use by Special Review application has been submitted (USR-1750) for a telecommunication tower on this proposed lot. As no employees will be located at the site, permanent water and sewer are not required. Proposed lot B will consist of 73.01 acres and is currently vacant. An individual sewage disposal system and an individual well will be installed on proposed lot B when a residence is constructed. The following conditions are recommended to be part of any approval: 1. A Weld County Septic Permit is required for the proposed home septic system and shall be installed according to the Weld County Individual Sewage Disposal Regulations. Please note, the lot owners shall verify with the nearest Town/City or Sanitation District to determine the location of the nearest sewer line. In accordance with the Weld County Code, if a sewer line exists within 400 feet of the property and the sewer provider is willing to serve the proposed structure, a septic permit cannot be granted by the Weld County Department of Public Health and Environment. Additionally, please note the following: 1. This application is proposing a well as its source of water. The applicant should be made aware that while they may be able to obtain a well permit from the Office of the State Engineer, Division of Water Resources, the quantity of water available for usage may be limited to specific uses, i.e. domestic use only, etc. Also, the applicant should be made aware that groundwater may not meet all drinking water standards as defined by the Colorado Department of Public Health and Environment. We strongly encourage the applicant to test their drinking water prior to consumption and periodically test it over time. • • Print Form Kit 1 Weld County Referral C. COLORADO September 8, 2010 The Weld County Department of Planning Services has received the following item for review: Applicant ,Bob White Case Number RE-5055 Please Reply By I October 8, 2010 Planner ' Michelle Martin Project Two Lot Recorded Exemption Legal W2SW4 of Section 35, TBN, R62W of the 6th P.M.,Weld County, Colorado. Location North of and adjacent to CR 86; east of and adjacent to CR 81. For a more precise location, see legal. Parcel Number 0545 35 000003 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. ❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan CI We have reviewed the request and find no conflicts with our interests. ❑ See attached letter. In Please notify me of any public hearings regarding this request. Comments: Upon review of my case files and computer,no violations were noted. Signature Date 09/08/2010 Agency oning Complian +Weld County Planning Dept. +1555 N 17'"Ave, Greeley,CO.80631 4(970)353-6100 ext.3540 +(970)304-6498 fax WT • • I Print Form Weld County Planning Department GREELEY OFFICE itt ITT 18 W11n RECEIVED Weld County Referral 1111BC. September 8, 2010 COLORADO p The Weld County Department of Planning Services has received the following item for review: Applicant Bob White Case Number j RE-5055 Please Reply By I October 8,2010 Planner i Michelle Martin Project Two Lot Recorded Exemption Legal W2SW4 of Section 35, T8N, R62W of the 6th P.M., Weld County, Colorado. Location North of and adjacent to CR 86; east of and adjacent to CR 81. For a more precise location, see legal. Parcel Number 0545 35 000003 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. ❑ See attached letter. ❑ Please notify me of any public hearings regarding this request. Comments: F Signature .(41e/t.___ Date tystat tr'6piraEkVArlu a ulsli Agency +Weld County Planning Dept. +1555 N i 7"Ave, Greeley,CO.80631 +(970)353-6100 ext.3540 O(970)304-6498 fax 'Applicant-. Bob White • •. Case# RE-5055 Planner: Michelle Martin r. . x.-. Q �.3 k 0*. • 1t. County Road 8,. • _ t 1 36 .. y> > .: _ FGA an 5 O 00 • a y _ fit.ri' AZ4 V Z�m'>' k r e'er ' Nr a f" - ,400 -,? (� c -11( 0 2,200 3'3©x' .feet 4' ...la - S ':. . s• 7P-- .::,' 6 • • • Weld County Planning Department GREELEY OFFICE SEP 14 'min RECEWED Weld County Referral • September 8, 2010 COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Bob White I Case Number RE-5055 Please Reply By I October 8, 2010 Planner Michelle Martin Project Two Lot Recorded Exemption Legal 'W2SW4 of Section 35, T8N, R62W of the 6th P.M., Weld County, Colorado. { Location North of and adjacent to CR 86; east of and adjacent to CR 81. For a more precise location, see legal. Parcel Number 0545 35 000003 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. ❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan ❑ We have reviewed the request and find no conflicts with our interests. ❑ See attached letter. ❑ Please notify me of any public hearings regarding this request. Comments: Signature ,./ % � J ��K�� Date 9- 9- io Agency f4jmi c SS}- 7 +Weld County Planning Dept. .1555 N 17th Ave, Greeley,CO.80631 x(970)353-6100 ext.3540 4(970)304-6498 fax 09/22/201.0 WED 13: 56 FAX • 2001/001 Print Form (#1. 0 Weld County Referral imk COLORADO September 8, 2010 The Weld County Department of Planning Services has received the following item for review; Applicant Bob White Case Number RE-5055 Please Reply By October 8,2010 Planner Michelle Martin Project Two Lot Recorded Exemption Legal W2SW4 of Section 35,T8N, R62W of the 6th P.M.,Weld County,Colorado. ------------------ Location !North of and adjacent to CR 86;east of and adjacent to CR 81. For a more precise location, see legal. Parcel Number 0545 35 000003 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant lo this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application,please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information,please call the Department of Planning Services. ❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan e have reviewed the request and find no conflicts with our interests. y.,)61 See attached letter. ❑ Please notify me of any public hearings regarding this request. Comments: 9 n Signature - Dale �7'z('.1 ._. ... Agency -Pm-kl,99 sc[c,A,.y clitC__.____.__.__.......... +Weld County Planning Dept. •:•1555 N 17"'Ave. Greeley.CO.110631 .N970)353-6100 nxl.3540 {•(910)3(4-(1198 lux • - • { r` � `h f.•' Y.•yam 4` ,y : kk:51:;. �, .''..-•:.:', ;...,'" � • e+<: :Ju d'. it CR81 t - F. yt r, , I 3! I FrF' • Cm. CR 86 a._____ fir' • oA, �.. L f raCF' � ,r 0,-.! fs N,'• J � 'y -�' ' 8 �C FY • P-o - - I 'Z.-FE'S-- 22 22. 22 � - o- n,` 20 & L k Iz € p d67 g c. Y� . ii �_o ii `zu Y SE Q'- h g k �uLL - 3 L r .� - -- » !` d J - - n E i OR :Y 3 .,�._. Sm is id fas b `� ' �� '2 .,_m _...... .. o�.00no z z rah o A aN V Z Q 0 -r _FP T w l ee Le4 4 I , I 7a i O r (f)r UO Iry Z QCI ^ r. Ln t I s>- � n ,2_ _a I! R O N I —w O U1 Vl rW �I !I - LO LiiH I— :: ; O rOQ o4-H I _ _._ _. zasir� —Lj_W\N2.fl III 6, �- t Q I - i 2 20 OZ Y 21 IYOO I g W L=Z n _ _... gl 2 / 7) vI 9S )( Dog, I — _ I. 4 e `a ��_p Iv - w II.. J,Et , I a s 9 if �-' cdE a _ 0 €e _._ _ mu�xm J > YS y 0 F 52 ₹EE E F E • S 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 All of Section 35, Township 8 North, Range 62 West of the 6th P.M., County of Weld, State of Colorado. CONVEYANCES (If none appear, so state): Reception No. 1546055 NI/ Book 624 Reception No. 16856151 Book 764 Reception No. 16879921 Book 766 Reception No. 1787348d Book 865 Reception No. 1787349 J Book 865 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 23rd day of August , 2010, at 7:00 am. Order No. H0279047 ritage T tle ompany By: �/ G Authorized Signatory • D • • • u/ .. NDOIO OO M R«ordra_._._APR 2.4 iegi _nt 9._. etaat A-N. soOR ..._.._..I3C.an DiyJ , ANN SPOMER Remade,. 624 Retention No.I Q, I VIllwB Sleep Made this 3,ax_ day of ti Sleek', v.«y7-- In the ' sir year of our Lord one thousand nine hundred and Seventy between LYNN WHITE and MARY E. WHITE. a/k/a MARY WHITE in Li\0 of the County of Weld and State of Colorado, of the o .. find part,and .N' BOB E. WHITE and ARLYNE E. WHITE N N of the County of Weld and State of Colorado, of the 0 I...1 ,v, second part: WITNESSETH:That the said parties of the first part,for and in consideration of the sum of 0 w OTHER GOOD AND VALUABLE CONSIDERATION AND TEN 010.00) DOLLARS, p to the said parties of the first part in hand paid by the said parties of the second part, the receipt whereof is N o hereby eonfeased and acknowledged, ha ye granted, bargained,sold and conveyed,and by these presents doo o grant,bargain,sell,convey and confirm unto the said parties of the second part,to pass not In tenancy in common O but In joint tenancy,the survivor of them,their assign.and the heirs and assigns of such survivor forever,all the fol- o lowing described iota or parcels of land,situate,lying and being in the o County of Weld and State of Colorado,to-wit: o •— All of Section Thirty—five (35), Township 8 North, Range 62 West of the 6th e9 P.M.; The South Half (Sit) of Section Thirty—six (36), Township 8 North, Range CV cc 62 West of the 6th P.M.; The Southeast 46Quarter (SEig) of Section One (1) rL Township 7 North, Range 62 West of the 6th P.M.; The Northeast Quarter (NE1) `c of Section Thirty—two (32), Township 8 North, Range 61 West of the 6th P.M.; The South Half (5O) of Section Eight (8), Township 8 North, Range 61 West of the 6th P.M.; The South Half Wu) of the North Half (Nit) of Section Eight (8), Township 8 North, Range 61 West of the 6th P.M.; and the East Half (VD of Section 7, Township 8 North, Range 61 West of the 6th P.M., together with all oil, gas and other mineral rights to said property owned by the Sellers. TOGETHER with all and singular the hereditament. and appurtenances thereunto belonging, or in any wit, appertaining, sad the reversion and reversions, remainder and remainders, rents, Issues and profits thereof; and all the estate,right, title, interest, claim and demand whatsoever of the said parties of the first part,either in law or equity, of, in and to the above bargained premises,the hereditamcnte and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with appurtenances, unto the said parties of the second part,the survivor of them, their assimh and the heirs and assigns of such survivor for- I ever. And the said parties of the first part,for themelyes/ TaNs, executors, and administrators, do covenant, grant, bargain and agree to and with the said parties of the second part, the survivor of them, their assigns and the heirs and assigns of such survivor,that at the lime of the entailing and delivering of these presents, they are well seized of the premises above conveyed, as of good, sure, perfect, absolute end indefeasible estate of inheritance,in lase,in fee simple,and have good right, full power and lawful authority to grant,bargain, sell and convey,the sane in manner and form aforesaid,and that the same are free and clear from all former and i other grants, bargains,sales, liens, taxes, assessments and Incumbrances of whatever kind or^_sear: soever: Subject to 1969 taxes. K a. M Cand the above bargained premises in the quiet and peaceable possession of the said parties of the second part the survivor of them, their assigns and the heirs and assigns of such survivor,against all and every person or pi sons I lawfully claiming or to claim the whole or any part thereof,the said part tea of the first part shall end ern WARRANT AND FOREVER DEFEND. _ IN WITNESS WHEREOF, the said parties)f the first part lave hereunto set their hand s and seal s the day and year first above written. Signed, Sealed and Delivered in the Presence of : r, /I 'L(/w' ' (SEAL) State Dc WgEr�tgr�,Fws (/ (Lynn.White) _p-. s ___Hate-- f K 'e i'M �rnan`, - tA) (SEAL) $ ' 7. 4 5 , try E. White ;• ca k/a Mary White) , --^---- ate._._ ___ __. __— ,..—. ____ - SEAL) STATE OF COLORADO,` i t, Coy ty pl Weld. FThe focegohsg im .trumeat was acknowledg-d before me this—,,s2-4 __.day of v;s """'. / `... -- ' 197Q.,by__Lbtrat.Fihtts and Nary E Whiter zi '♦ : ••:•••••.. r i• _ Witness My Hand end Ofilclal.9,5af s' P(/ Q L I 0: My commission Exits, _. �'`;✓�r•�.7, 177,7----_ _ ray 0\tae' _ � Newry Puttle. . ..)0. ar4 - WA.-iANTY DEED—To Joint Tenants y' -'- . pisO Boot( Race t "—o'clock 4CPM., APR 81976 �. 04 6Y. Recoptlon No. ^' .�U.B aM $r JAE_SHEHEE, JR,' Eccordor. BOB H. WHITE and ARLYNE E. WHITE Iwhose address is Route 1, Box 4 Briggs dale County of Weld , and State of OS Colorado , for the consideration of TEN DOLLAR \�.i, AND OTHER GOOD AND VALUABLE CONSIDEATION--- `o dollars, in hand paid, hereby sell(s) and convey(s) to MN CO b BOB E. WHITE whose address is Route 1, BOx 4 , Briggsdale County of a Weld , and State of Colorado - the following real property in the 00 •o County of Weld , and State of Colorado, to wit: 0 o. All of Section Thirty-five (35) , Township 8 North, Range 62 West of the 6th P.M.; The South Half (big) of Section Thirty-six (36) , Township 8 North, Range 62 West of the 6th P.M.; The Woutheast rr ea Quarter (SEI ) of Section One (1) , Township 7 North, Range 62 cue West of the 6th P.M.; The Northeast Quarter (NEIL) of Section • Thirty-two (32) , Township 8 North, Range 61 West of the 6th P.M. ; . The South Half (S1) of Section Eight (8) , Township 8 North, Range 61 West of the 6th P.M.; The South Half (SI) of the North Half (NI) of Section Eight (8) , Township 8 North, Range 61 West of the 6th P.M. ; and the East Half (Ely) of Section 7, Township 8 North, Range 61 West of the 6th P.M. , together with all oil, gas and other mineral rights to said property owned by the Grantors. (convenience deed, no documentary fee required) I with all its appurtenances and warrant(s) the title against all persons claiming under tms) (us). II Signed and delivered this 7 day of -71/114.-017 , 19 76 . it I � In the presence of . A' l,-de [SEAL] BOB E. WHITE III . [SEAL] I Ii /r�,��tta.�G�: �- [SEAL] ARLYNE" E. WHITE I I I STATE'OF COLORADO, ss. ,,,a,,,,,,,,,,,,, (City and County of Denver " BI.4 ,0061v '. .yo p The foregoing instrument was acknowledged before me this 911 day of ��k*n ,rs': i --0-ajce: ,n 19 76 , by Bob E. White and Arlyne E. White '0 •''(4'1 In ) :' .r,n r My commission expires ? — 9 , 19ft) .WiWitnessyn Oilland,officiiat sess9'ci 11. 6 —46-4 / 105,14 f _N,t&rt t''• Kahn N,hlu:. I _ 5252 _ 5252_____..-.— _.... __ __....._. ...___ _.._...---__-_---__ ___—._..._.__.__.__—._.--___5244-_- _ _ - `�•Ne. aoa. RC1'. �a1.aPFr1.\I.\r.\IIItA\'t\'nLel,-�iheet Fe,m—Ilrn,llet.l V„I,Inh,nt Cu. 15244G ew„t$trot,.soarer.felnrn.,o—i.::1 toox766 Roe at i..,o lock...: Ll MAY 71976sr yy j Reception No ],657992 j LEE SHEHEE, BOB E. WHITE ' whose address is Route 1, Box 4 P Briggsdale County of Weld , and State of ; Colorado for the consideration of TEN DOLLARSt5. AND OTHER GOOD AND VALUABLE CONSIDERATION---- tidollars, in Laud paid, hereby sell(a) and convey(s) to op `o BOB WHITE CO. , a Partnership r-1 whose address is Route 1, Box 4 , Briggsdale County of to Weld g real, and State of Colorado the following property in the County of Weld and State of Colorado, to wit: All of Section Thirty-five (35) , Township 8 North, Range 62 West of the 6th P.M.; The South Half (Stn) of Section Thirty-six (36) , r° Township 8 North, Range 62 West of the 6th P.M.; The Southeast n Quarter (SE;) of Section One (1) , Township 7 North, Range 62 j West of the 6th P.M.; The Northeast Quarter (NE') of Section ric Thirty-two (32) , Township 8 North, Range 61 West of the 6th P.M.; The South Half (Sh) of Section Eight (8) , Township 8 North, Range 61 West of the 6th P.M.; The South Half (81 ) of the North Half (NV,) of Section Eight (8) , Township B North, Range 61 West of the 6th P.M. ; and the East Half (Eh) of Section 7, Township 8 North, Range 61 West of the 6th P.M. , together will all oil, gas and other mineral rights to said property owned by Grantor. (convenience deed, no documentary fee required) with all its appurtenances and warrant(s) the title against all persons claiming under (me) (as•)e 2Yi9M�.o Signed and delivered this owl/ day of 19 7 6 In the presence of g BO E. WHITE *�tt�ri [SEAL] [SEAL] [SEAL] 1 STATE OF COLORADO, 1 }s9. yity and County of Denver ))) �yr1 The foregoing instrument was acknowledged before me this o?/qday /iy.of o 19 76 , by. Bob E. White 3118 � r 3 I1 my commission expires �— p - PC) `� a•W E , 19 . \6i mess my iis�td npdyr fll peril i J/ ,LLJJ' \�� Cs o t�s �'� _ R 13 1979 'ded at... ,yp�y o'clock ._4 O m1/4,4, N piton No. 17S7348 I or, A ,/ W Id County.-Col BOB WHITE CO., a Partnership I 1 iwhose address is Route 1, Box 4 w• Briggsdale -County of Weld ,State of o0 Colorado ZS for the consideration of other fl valuable consideration and Ten and no/100 qdollars, in hand paid, hereby sell(s) and convey(s) to C,- rt BOB E. WHITE whose address is Route 1, Box 4 Briggsdale County of `oI Weld , and State of Colorado the following real property in the ed • County of WELD , and State of Colorado, to wit: 0 1 The Southeast Quarter (SE}). of Section One (1), in Township Seven (7) North, �= Range Sixty-two (62) West of the 6th P.M. and all of Section Thirty-five (35) M and the South Half (Sk) of Section Thirty-six (36), both in Township Eight '1 (8) North, Range ¢ ang Sixt y-two (62) West of the 6th P.M., together with the tc.e• following oil, gas and other minerals lying in and under and that may be produced therefrom: All the minerals in the Southeast Quarter (SE$) of Section One (1), Township Seven (7) North, Range Sixty-two (62) West of l the 6th P.M.; all the minerals in Section Thirty-five (35), and none of I the minerals in the South Half (S1) of Section Thirty-six (36) in Township Eight (8) North, Range Sixty-two (62) West of the 6th P.M.; Gft4 .LGtl. /,. .)jii+. ' i with all its appurtenances, and warrant(s) the title to the same, subject to all previous reservations of minerals; to rights-of-way for public highways and to any and all rights-of-way and easements, however evidenced, over and across said property; and to the 1979 taxes, payable in 1980. Signed this „4., day of April , 19 79- .BOD_WRITE._Co,.,., ..FOr.[n.ershIP By J/o'_q / Bob E. Whit�al'artne{ STATE OF COLORADO, 1 Jas. County of WELD ew-The foregoing instrument was acknowledged before me this /0•�` day of April •19 79 .by BOB WHITE CO., a Partnership, by Bob E. White, a Partner. 'MY c8imni Err�b expires ( n,c 'c ..--11.:( e /d/ ``.itnys,[,ptk hi41 and official'seal. - • P0Tl_w O , Noury P,Slit �f t� No.897. wvnnly Deed—Short Form.-O,odta4 Debi:1 DR Co_:63L16 Sleet Street.Derma C,lor.,h—10<6 CD CD APR 1 O Aeenrded t D'clock2M., tA7 9d 86 Reception No, 1' 8'X-3 . —,_ 1�..� recorder -_'---rte _.--- — ii. -E�untvrCof ` _. - ote ARLYNE E. WHITE F whose address is ! ! Briggsdale County of Weld ,and State of o>• II Colorado ,for the consideration of other valuable • o. it consideration and'Ten and no/100 - Dollars,in hand paid, Ct m H hereby sell(s)and quit claim(s)to BOB E. WHITE whose address is Route 1, Box 4 Q. Briggsdale County of Weld ,and State of Colorado ,the following real • property,in the - County of WELD ,and State of Colorado,to wit: .i All of Section Six (6), Township Seven (7) North, Range Sixty-one (61) West of the 6th F.N.; • All of Section One (1), Township Seven (7) North, Range Sixty-Two (62) West of the 6th P.N.; • . 1 All of Section Thirty-five 5) and the South Half (S4) of Section r (3 eL Thirty-six (36) in Township Eight (8) North, Range Sixty-two (62) West of the 6th P.M.; • • also known as street and number with all its appurtenances , subject to all previous reservations of minerals; to rights-of-way for public highways and to any and all rights-of-way and easements, however evidenced, over and across said property; and to the 1979 taxes, payable in 1 80tgn. ed this ct day of April �f Arlyna E, White • STATE OF COLORADO, ,ss. County of WELD 111111 Cz The foregoing instrument was acknowledged before me this /.i) day of April ,19 79 ,by ARLYNE E. WHITE. My commission expires 0-/,7-79 _ 1,rllitrress mt hand and official seal �1 a (rA v.0 Tq R.bcD , 77(uf. • '(r•.w Nuu.v Pub4e • O \- No.558 QUF'':LAIM DEED—Sbatt form-133-ml ford Publiehing Co,IPPl•l6 Stout Street.D ovet,coloredo(5t9-601n-➢'19 • 1111 11111111111 111111 I� • 3571 111111111111111111 IIII If'I 3730357 11/05/2010 11:29A Weld County, CO 1 of 1 R 11.00 0 0.00 Steve Moreno Clerk& Recorder Warranty Deed Bob E. White, a resident of Greeley, County of Weld,and State of Colorado, for the consideration of ten dollars, in hand paid, hereby sell(s)and convey(s)to himself,the same Bob E. White, the following real property in the County of Weld and State of Colorado, to wit: the W V2 of the SW V. Sec. 35,T8N, R62W with all its appurtenances and warrant(s)the title to the same. Signed this ....... day of November, 2010. G. t )(lgo 6 Te STATE OF COLORADO ) J 'F.' )ss. COUNTY OF WELD ) „ The foregoing instrument was aclul led ed before me thil—da ;b .: .."... .`.��< g g g y ,. ..`) H& 7-,Qc� 8 2010, by P) a. 1 ¢ - 7 m W Witness my hand and official seal. A •. p .: o Notary Public Tres 0310'112013 My Commission Exp My Commission Expires: 358 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIYiIIII111111N1111111111 373038 1U06I2010 11 29A Wald County, CO 1 0l 4 R 26.00 D 0.00 Steve Moreno Clerk b Reeorder FENCELINE AGREEMENT This Fenceline Agreement("Agreement")is made by and between Cass Farms,owner of certain real property located within Section 34,Township 8 North, Range 62 West(the"Cass Property"); and Bob E. White,owner of certain real property located within Section 35, Township 8 North,Range 62 West(the"White Property'). In complete settlement of any present or future disputes with respect to the parties' shared property line dividing the Cass and White Properties,the parties hereby agree,on behalf of themselves,their successors,and assigns: 1. The existing fence separating the parties'property does not precisely follow the section line separating the Cass Property and the White Property, as depicted on the survey attached hereto as Exhibit A. 2. The parties agree that the section line,and not the fence line,accurately divides the Cass Property and the White Property. 3. Each party irrevocably waives, on behalf of itself and any and all successors and assigns,any right to claim any property of the other based upon the existing fenceline through adverse possession. 4. Each party represents that it has the authority to enter this agreement and bind itself as owner of its respective parcel as described above. AGREED this rday of November,2010. CASS FARMS BOB E. WHITE �` By: _alit� C,g54 BY: o fY�, va printed name: Printed H h i to Tide: FR es,�y , ^ Title: crc.n t.a&. 1 111111111111 111II IIIIII III1I IIIII IIIII III 11III/III/III 3730358 11/06/2010 11:29A Weld County, CO 2 of 4 R 26.00 0 0.00 Steve Moreno Clerk& Recorder Date: /t/0k& 21'" 09.7„ 8/0 Date: STATE OF COLORADO ) )ss. COUNTY OF WELD ) The foregoing • t was acknowled ed before me this `ohday ofAl,PP//{!0; 2010,by .^(/P.L.j r)�( as SK2/cAti! of Cass Farms. Witness my hand and official seal. My commission expires /c,•(F•.2U/3 • y Notary Public TARA D. 4 [SE 1; ,MORRISON�q •. (OF 6O- '\ STATE OF COLORADO ) ) ss. &Jae COUNTY OF MORGAN ) The foregoing instrument was acknowledged before me this 0h day of/t fl it4 4- 2010,by 73446-, GVh i 6, as ()WA/CM' of,NE Colorado 2 1111111 1111 111111 r 3730358 11/05/2010 11:29A Weld County, CO 3 of 4 R 20.00 D 0.00 Steve Moreno Clerk& Recorder Cellular Inc.,a Colorado corporation,d/b/a Viaero Wireless. Witness my hand and official seal. My commission expires /02•J 2')5 . / e/r/i, 'cam 0�*pY•Pod p`', Notary Public [SEAL] : �,•' .1.411. I 3 TARA D. # I / i MORRI8ON; tin /Of 11 14.�•,, 10 r 1% i,tyf•CO`OQ_- 3 aowoaoy e val3 ou kow 91101$ a o0•gz a t7 10 f 41) pa 'A�uno0 PIM Van OI.OZ/201t1 8960f.LE 1111 liii 11111111 11111 11111 11111 111111 111111 11111 1111111 , --- ..,. I!. t , _ u u :cI ! i f ;RA t � ti I -- I of _ "! f� I ,...0 0'A i i I; 4 ' z •g l6A ! '. Ili ri N IP �C a I �f 1 ,. I • -5a1.24-w i soz i rw_w 660.51' __-- "� �' �" '=-.-'' -—� 7'07"E- --'''''-+t t .. 760.76' i • O.3.. t r, o z—i m lir' f g I • 11 ill N rn p!`* m 7449I - uar CC It !I▪ li! • ' .• - i;i ' • 1 I '5 y Hill co ,-.1 -n�Jr nm�r- k og so21T07•W 660.01 gg l d • r Ki PO I yy ��yp j ; - 1iii ' 1a:# 4 qq NI -• D 0-t tt ' {,; C g 8 'P-' 73 I 3ydR» X16 -Itle$1. Ai 0 0 ♦ ' T pp Ig pQ d a agi-I ' i' g v 2 ,j 4 I C ..Ai Srri-jp g � r AfZ a i!g:?-41 i0,i l Oil' 7 c�11r34! iO ••,iit '" cv ~x Rip� R fly 5 ill II l a 141 •= ill; h {t Aaa, Ml SO ` � �-1 t 4 L _Pa a li * ill 11 i >< r i r6 3173°73584 730358 11105/2010 11:29p Weld County, CO 1 of 4 R11268.510028108 0C Steve Moreno Clerk& �'e; 14 A 645 e,.R�cor� P `t� 9 LU FENCELINE AGREEMENT This Fenceline Agreement ("Agreement") is made by and between Cass Farms,owner of certain real property located within Section 34, Township 8 North, Range 62 West(the"Cass Property"); and Bob E. White,owner of certain real property located within Section 35, Township 8 North, Range 62 West(the "White Property"). In complete settlement of any present or future disputes with respect to the parties' shared property line dividing the Cass and White Properties, the parties hereby agree, on behalf of themselves, their successors,and assigns: 1. The existing fence separating the parties' property does not precisely follow the section line separating the Cass Property and the White Property,as depicted on the survey attached hereto as Exhibit A. 2. The parties agree that the section line,and not the fence line, accurately divides the Cass Property and the White Property. 3. Each party irrevocably waives, on behalf of itself and any and all successors and assigns,any right to claim any property of the other based upon the existing fenceline through adverse possession. 4. Each party represents that it has the authority to enter this agreement and bind itself as owner of its respective parcel as described above. AGREED this J'f'day of November, 2010. CASS FARMS BOB E. WHITE By: _ ,SrsIVL y t}. CA-55 — By: ' — L , Printed name: Printed nape: -7 Title: 2 n er^ Title: ,�xn 1 1111111 VIII 111111 III 1111111111111 VIII 11111111 IIII IIII 3734645 11/24/2010 03:26P Weld County, CO 1 of 4 R 26.00 0 0.00 Steve Moreno Clerk& Recorder • • 1111 1111 1111 3730358 11/05/2010 11:294 Weld County, CO 2 of 4 R 26.00 0 0.00 Steve Moreno Clerk& Recorder Date: //c'/eez,Zir1 t//j i';'i(1 Date: • ( LI'HA!U1" 03:26P Weld County,unty, CO 2 of 4 R 26.00 D 0.00 Steve Moreno Clerk& Recorder STATE OF COLORADO ) ) ss. COUNTY OF WELD ) The foregoing instrument was acknowledged before me this Y" ay of/&<'m/ft 2010.by L; Y; as /yCt//,4,51 of Cass Farms. cf Witness my hand and official seal. My commission expires /. ,r•:/1/ D. Notary Public TARA ; MORRISON: [SEA ; : a 1)k:1: nd`O STATE OF COLORADO ) ) ss. COUNTY OF MORGAN ) The foregoing instrument was acknowledged before me this ''Ar day of/i XY2,-/.2r 2010, by she . /1JA/4e, as ,1L'//fir' of, NE Colorado 2 • l 11 11111111 I I 1 11 �� --� 3730358 11/05/2010 11:29A Weld County, CO 3 of 4 R 26-00 D 0.00 Steve Moreno Clerk 8 Recorder Cellular Inc., a Colorado corporation, d/b/a Viaero Wireless. Witness my hand and official seal. My commission expires /•,i F',i(l4S R�AFY pUe! Notary Public TARA D. .�: MORRISON I N`. QO r pf C0v 111111 11111 111111 III I�I��l i�I��I��Ir�III II�tI\��I IIII 37346 3 of 4 R 26.00 D 0.00 Steve Moreno Clerk& Recorder 3 P I Ii I I !r I1• 1"-±,'" d l': rp, HI '1 i a—.—. I _ ' _ 37 P� '- I•, a L 'Ie 3. a ea"^,III °^° In 1 :& Y )f �: eR1t � :$' f: e (- I � : _ k 5 e) I Y t2. J I 1 Lc c z 2 iIl Y — I 1 1 F-L I 9 ) F V)" 11 II 7 O I j VII i It q L J I , a ' i :I 4 %r I 4 ya 1 €C Cp + I`s r 6 I'I `I i .,-,)I 111111111111111111 I I 1111111111111111111 III 11111 I I I I"I 3734645 11/24/2010 03:26P Weld County, CO 4 of 4 R 26.00 D 0.00 Steve Moreno Clerk& Recorder 06/15/2010 2:29:46 PM • emitment No.: 459-H0279051-084-RL6 Lawyers Title Insurance Corporation COMMITMENT SCHEDULE A Commitment No: 459-H0279051-084-RL6 1. Effective Date: June 7, 2010 at 7:00 A.M. 2. Policy or policies to be issued: Proposed Insured Policy Amount (a) ALTA 2006 Owner's Policy $24,000.00 NE Colorado Cellular, Inc., dba Viaero Wireless 3. The estate or interest in the land described or referred to in this Commitment is: A Fee Simple 4. Title to the estate or interest in the land is at the Effective Date vested in: Bob E. White 5. The land referred to in this Commitment is described as follows: Sec Attached Legal Description (for informational purposes only) none shown,Greeley,CO 80631 PREMIUMS: Owners Coverage: $525.00 Tax Cert: $10.00 Copyright 2006-2009 American Land Title Association.All rights reserved.The use of this Form is restricted to ALTA licensees AMERICAN and ALTA members in good standing as of the date of use.All other uses are under license from the American Land Title Association. ±ANn.7�,LE 06/15/2010 2:29:46 PM • commitment No.: 459-H0279051-084-RL6 Attached Legal Description A parcel of land located in the Southwest Quarter of Section 35, Township 8 North, Range 62 West of the Sixth Principal Meridian, being more particularly described as follows: Beginning at the Southwest corner of said Section 35,Township 8 North, Range 62 West, thence following the West line of the Southwest ''/a of said Section 35 N 02°17'07"E a distance of 660.51 feet; Thence S 89°57'55" E a distance of 660.51 feet; Thence S 02°17'07"W a distance of 660.51 feet to a point on the South line of the Southwest '/a of said Section 35; Thence following said South line of Section 35 N 89°57'55"W a distance of 660.51 feet to the True Point of Beginning, County of Weld, State of Colorado. Copyright 2006.2009 American Land Title Association.All rights reserved.The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use.All other uses are under license from the American Land Title Association. � v� 06/15/2010 2:33:10 PM • •ommitment No.: 459-H0 27 9 051-08 4-RL6 SCHEDULE B-Section 1 Requirements The following requirements must be met: a. Pay the agreed amounts for the interest in the land and/or for the mortgage to be insured. b. Pay us the premiums, fees and charges for the policy. c. Obtain a certificate of taxes due from the county treasurer or the county treasurer's authorized agent. d. Evidence that any and all assessments for common expenses, if any, have been paid. e. The Company will require that an Affidavit and Indemnity Agreement be completed by the party(s) named below before the issuance of any policy of title insurance. Party(s): Bob E. White The Company reserves the right to add additional items or make further requirements after review of the requested Affidavit. f. Deed sufficient to convey the fee simple estate or interest in the Land described or referred to herein, to the Proposed Insured Purchaser. END OF REQUIREMENTS Copyright 2006.2009 American Land Title Association.All rights reserved.The use of this Form is restricted to ALTA licensees ,,bLL® and ALTA members in good standing as of the date of use.All other uses are under license from the American Land Title Association. rAN 7 Ti,,_ rU . 06/15/2010 2:32:05 PM • Commitment No.: 459-110279051-084-RL6 SCHEDULE B—Section 2 Exceptions Any policy we issue will have the following exceptions unless they are taken care of to our satisfaction: 1. 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 finished, 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) Unpatented mining claims; (b)reservations or exceptions in patents or in Acts authorizing the issuance thereof, (c) water rights, claims of title to water, whether or not the matters excepted under (a), (b), or(c) are shown by the Public Records. 7. (a)Taxes or assessments 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 or by the Public Records. 8. All taxes and assessments, now or heretofore assessed, due or payable. 9. Any existing leases or tenancies, and any and all parties claiming by, through or under said lessees. 10. Reservations contained in the Patent From: The United States of America To: William W. Pickett Recording Date: July 20, 1912 Recording No: Book 359, page 512 Which among other things recites as follows: Subject to any vested and accrued water rights for mining, agricultural, manufacturing, or other purposes and rights to ditches and reservoirs used in connection with such water rights, as may be recognized and acknowledged by the local customs, laws and decisions of the courts, and the reservation from the lands hereby granted, a right of way thereon for ditches or canals constructed by the authority of the United States. Copyright 2006-2009 American Land Title Association.All rights reserved.The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use.All other uses are under license from the American Land Title Association 06/15/20102:32:05 PM • •Commitment No.: 459-110279051-084-RL6 11. An oil and gas lease for the term therein provided with certain covenants, conditions and provisions, together with easements, if any, as set forth therein, and any and all assignments thereof or interests therein. Recording Date: October 4, 1968 Recording No: 1522159 12. An oil and gas lease for the term therein provided with certain covenants, conditions and provisions, together with easements, if any, as set forth therein, and any and all assignments thereof or interests therein. Recording Date: September 14, 1970 Recording No: 1554530 13. A Mining Lease for the term therein provided with certain covenants, conditions and provisions, together with easements, if any, as set forth therein, and any and all assignments thereof or interests therein. Recording Date: November 19, 1970 Recording No: 1557744. 14. An oil and gas lease for the term therein provided with certain covenants, conditions and provisions, together with easements, if any, as set forth therein, and any and all assignments thereof or interests therein. Recording Date: March 25, 1988 Recording No: 2135707. 15. An oil and gas lease for the term therein provided with certain covenants, conditions and provisions, together with easements, if any, as set forth therein, and any and all assignments thereof or interests therein. Recording Date: January 28, 2010 Recording No: 3672668. END OF EXCEPTIONS Copyright 2006-2009 American Land Title Association.All rights reserved.The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use.All other uses are under license from the American Land Title Association. 06/15/2010 2:32:05 PM • •Commitment No.: 459-110279051-084-RL6 AFFIDAVIT AND INDEMNITY AGREEMENT TO Heritage Title Company a Colorado Corporation and Lawyers Title Insurance Corporation,a Nebraska Corporation. 1. This is written evidence to you that there are no unpaid bills, and to the extent there may be unpaid bills, that the undersigned undertakes and agrees to cause the same to be paid such that there shall be no mechanics or materialmen's liens affecting the property for materials or labor furnished for construction and erection, repairs or improvements contracted by or on behalf of the undersigned on property: legally described as: See Attached Affidavit and Indemnity Agreement Legal Description Property Address: none shown,Greeley,CO 80631 2. We further represent that to the actual knowledge and belief of the undersigned there are no public improvements affecting the property prior to the date of closing that would give rise to a special property tax assessment against the property after the date of closing. 3. We further represent that to the actual knowledge and belief of the undersigned there are no pending proceedings or unsatisfied judgments of record,in any Court, State,or Federal,nor any tax liens filed or taxes assessed against us which may result in liens,and that if there are judgments,bankruptcies,probate proceedings, state or federal tax liens of record against parties with same or similar names,that they are not against us. 4. We further represent that there are no unrecorded contracts, leases, easements, or other agreements or interests relating to said premises of which we have knowledge. 5. We further represent that to the actual knowledge and belief of the undersigned we are in sole possession of the real property described herein other than leasehold estates reflected as recorded items under the subject commitment for title insurance. 6. We further represent that there are no unpaid charges and assessments that could result in a lien in favor of any association of homeowners which are provided for in any document referred to in Schedule B of Commitment referenced above. 7. We further understand that any payoff figures shown on the settlement statement have been supplied to Heritage Title Company as settlement agent by the seller's/borrower's lender and are subject to confirmation upon tender of the payoff to the lender. If the payoff figures are inaccurate,we hereby agree to immediately pay any shortage(s)that may exist. If applicable as disclosed or referred to on Schedule A of Commitment referenced above. The undersigned affiant(s)know the matters herein stated are true and indemnifies Heritage Title Company,a Colorado Corporation and Lawyers Title Insurance Corporation,a Nebraska Corporation against loss,costs,damages and expenses of every kind incurred by it by reason of its reliance on the statements made herein. This agreement is executed with and forms a part of the sale and/or financing of the above described premises,and is given in addition to the conveyance and/or financing of the premises in consideration for the conveyance and/or financing, and forms a complete agreement by itself for any action thereon. SELLER: SELLER: Bob E. White State of Colorado }ss: County of Weld The foregoing instrument was acknowledged,subscribed,and sworn to before me on by Bob E. White. (SEAL) Notary Public My Commission Expires: 06/15/20102:32;05 PM • commitment No.: 459-H0279057-084-RL6 ATTACHED AFFIDAVIT AND INDEMNITY AGREEMENT LEGAL DESCRIPTION A parcel of land located in the Southwest Quarter of Section 35,Township 8 North,Range 62 West of the Sixth Principal Meridian,being more particularly described as follows: Beginning at the Southwest corner of said Section 35,Township 8 North,Range 62 West,thence following the West line of the Southwest 'V4 of said Section 35 N 02°17'07"E a distance of 660.51 feet; Thence S 89°57'55"E a distance of 660.51 feet; Thence S 02°17'07"W a distance of 660.51 feet to a point on the South line of the Southwest'A of said Section 35; Thence following said South line of Section 35 N 89°57'55"W a distance of 660.51 feet to the True Point of Beginning, County of Weld,State of Colorado. 06/15/2010232:05 PM . .Commitment No.: 459-10279051-084-RL6 i Pj Lawyers Title INSURANCE CORPORATION COMMITMENT FOR TITLE INSURANCE Issued by Heritage Title Company AS AGENT FOR Lawyers Title Insurance Corporation Lawyers Title Insurance Corporation, a Nebraska corporation("Company"), for a valuable consideration, commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the Proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest in the land described or referred to in Schedule A,upon payment of the premiums and charges and compliance with the Requirements; all subject to the provisions of Schedule A and B and to the Conditions of this Commitment. The Commitment shall be effective only when the identity of the Proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A by the Company. All liability and obligation under this Commitment shall cease and terminate 6 months after the Effective Date or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue the policy or policies is not fault of the Company. The Company will provided a sample of the policy form upon request. IN WITNESS WHEREOF,Lawyers Title Insurance Corporation has caused its corporate name and seal to be affixed by its duly authorized officers on the date shown in Schedule A. .... .•,•,,.,,.,,.410By: :sus President •.•,,, Authorized Countersigned: — '� Rai SEAL zed Signatory ,.g r 7i'•. :o p5Kp,„•°' Attest: Secretary Copyright 2006.2009 American Land Title Association.All rights reserved.The use of this Form is restricted to ALTA licensees ATIEIrlr and ALTA members in good standing as of the date of use.All other uses are under license from the American Land Title Association. L. y 06/15/2010232:05 PM • Commitment No.: 459-H0279051-084-RL6 CONDITIONS 1. The term mortgage, when used herein, shall include deed of trust, trust deed, or other security instrument. 2. If the proposed Insured has or acquired actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions. 3. Liability of the Company under this Commitment shall be only to the named proposed insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith(a)to comply with the requirements hereof, or(b) to eliminate exceptions shown in Schedule B, or(c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policies or policies committed for and such liability is subject to the insuring provisions and Conditions and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. This Commitment is a contract to issue one or more title insurance policies and is not an abstract of title or a report of the condition of title. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. 5. The policy to be issued contains an arbitration clause. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. You may review a copy of the arbitration rules at http://www.alta.org. • Copyright 2006.2009 American Land Title Association.All rights reserved.The use of this Form is restricted to ALTA licensees TrrAN and ALTA members in good standing as of the date of use.All other uses are under license from the American Land Title Association. 4 06/15/2010 2:32:05 PM • •Commitment No.: 459-H0279051-084-R1A DISCLOSURE STATEMENT • Pursuant to Section 38-25-125 of Colorado Revised Statutes and Colorado Division of Insurance Regulation 3-5-1 (Section 6), if the parties to the subject transaction request us to provide escrow-settlement and disbursement services to facilitate the closing of the transaction, then all funds submitted for disbursement must be available for immediate withdrawal. • Colorado Division of Insurance Regulation 3-5-1, Paragraph C of Article VII, requires that"every title entity shall be responsible for all matters which appear of record prior to the time of recording whenever the title entity conducts the closing and is responsible for recording or filing of legal documents resulting from the transaction which was closed". Provided that Heritage Title Company conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction, exception No. 5 in Schedule B-2 will not appear in the Owner's Title Policy and Lender's Title Policy when issued. • If the sales price of the subject property exceeds $100,000.00 the seller shall be required to comply with the Disclosure of Withholding Provisions of C.R.S. 39-22-604.5 (Nonresident Withholding). • Section 39-14-102 of Colorado Revised Statutes requires that a Real Property Transfer Declaration accompany any conveyance document presented for recordation in the State of Colorado. Said Declaration shall be completed and signed by either the grantor or grantee. • Recording statutes contained in Section 30-10-406(3)(a) of the Colorado Revised Statutes require that all documents received for recording or filing in the clerk and recorder's office shall contain a top margin of at least one inch and a left, right, and bottom margin of at least one-half of an inch. The clerk and recorder may refuse to record or file an document that does not conform to requirements of this paragraph. • Section 38-25-109 (2) of the Colorado Revised Statutes, 1973, requires that a notation of the purchasers legal address, (not necessarily the same as the property address)be included on the face of the deed to be recorded. • Regulations of County Clerk and Recorder's offices require that all documents submitted for recording must contain a return address on the front page of every document being recorded. • Pursuant to Section 10-11-122 of the Colorado Revised Statutes, 1987 the Company is required to disclose the following information: o The subject property may be located in a special taxing district. o A Certificate of Taxes Due listing each taxing jurisdiction shall be obtained from the County Treasurer or the County Treasurer's authorized agent. o Information regarding special districts and the boundaries of such districts may be obtained from the Board of County Commissioners, the County Clerk and Recorder or the County Assessor. • Pursuant to Section 10-11-123 of the Colorado Revised Statutes, when it is determined that a mineral estate has been severed from the surface estate, the Company is required to disclose the following information: that there is recorded evidence that a mineral estate has been severed, leased, or otherwise conveyed from the surface estate and that there is a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy in the property; and that such mineral estate may include the right to enter and use the property without the surface owner's permission. • Note: Notwithstanding anything to the contrary in this Commitment, if the policy to be issued is other than an ALTA Owner's Policy(6/17/06), the policy may not contain an arbitration clause, or the terms of the arbitration clause may be different from those set forth in this Commitment. If the policy does contain an arbitration clause, and the Amount of Insurance is less than the amount, if any, set forth in the arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties.. Copyright 2006-2009 American Land Title Association.All rights reserved.The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use.All other uses are under license from the American Land Title Association. 06/15/20102:32:05 PM emitment No.: 459-H0279051-084-RL6 Effective Date 5/1/2008 Fidelity National Financial, Inc. Privacy Statement Fidelity National Financial, Inc. and its subsidiaries ("FNF") respect the privacy and security of your non-public personal information ("Personal Information") and protecting your Personal Information is one of our top priorities. This Privacy Statement explains FNF's privacy practices, including how we use the Personal Information we receive from you and from other specified sources, and to whom it may be disclosed. FNF follows the privacy practices described in this Privacy Statement and, depending on the business performed, FNF companies may share information as described herein. Personal Information Collected We may collect Personal Information about you from the following sources: • Information we receive from you on applications or other forms, such as your name, address, social security number,tax identification number, asset information, and income information; • Information we receive from you through our Internet websites, such as your name,address,email address, Internet Protocol address, the website links you used to get to our websites, and your activity while using or reviewing our websites; • Information about your transactions with or services performed by us, our affiliates, or others, such as information concerning your policy, premiums, payment history, information about your home or other real property, information from lenders and other third parties involved in such transaction, account balances, and credit card information;and • Information we receive from consumer or other reporting agencies and publicly recorded documents. Disclosure of Personal Information We may provide your Personal Information(excluding information we receive from consumer or other credit reporting agencies)to various individuals and companies, as permitted by law, without obtaining your prior authorization. Such laws do not allow consumers to restrict these disclosures. Disclosures may include, without limitation,the following: • To insurance agents, brokers, representatives, support organizations, or others to provide you with services you have requested, and to enable us to detect or prevent criminal activity, fraud, material misrepresentation, or nondisclosure in connection with an insurance transaction; • To third-party contractors or service providers for the purpose of determining your eligibility for an insurance benefit or payment and/or providing you with services you have requested; • To an insurance regulatory authority, or a law enforcement or other governmental authority, in a civil action, in connection with a subpoena or a governmental investigation; • To companies that perform marketing services on our behalf or to other financial institutions with which we have joint marketing agreements and/or • To lenders, lien holders,judgment creditors, or other parties claiming an encumbrance or an interest in title whose claim or interest must be determined, settled, paid or released prior to a title or escrow closing. We may also disclose your Personal Information to others when we believe, in good faith, that such disclosure is reasonably necessary to comply with the law or to protect the safety of our customers, employees, or property and/or to comply with a judicial proceeding, court order or legal process. Page 1 of 2 Privacy Statement 06/15/2010 2:32:05 PM mitment No.: 459-H0279051-084-RL6 Fidelity National Financial,Inc. Privacy Statement(Continued) Disclosure to Affiliated Companies — We are permitted by law to share your name, address and facts about your transaction with other FNF companies, such as insurance companies, agents, and other real estate service providers to provide you with services you have requested, for marketing or product development research, or to market products or services to you. We do not, however, disclose information we collect from consumer or credit reporting agencies with our affiliates or others without your consent, in conformity with applicable law, unless such disclosure is otherwise permitted by law. Disclosure to Nonaffiliated Third Parties — We do not disclose Personal Information about our customers or former customers to nonaffiliated third parties, except as outlined herein or as otherwise permitted by law. Confidentiality and Security of Personal Information We restrict access to Personal Information about you to those employees who need to know that information to provide products or services to you. We maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard Personal Information. Access to Personal Information/ Requests for Correction,Amendment,or Deletion of Personal Information As required by applicable law, we will afford you the right to access your Personal Information, under certain circumstances to find out to whom your Personal Information has been disclosed, and request correction or deletion of your Personal Information. However, FNF's current policy is to maintain customers' Personal Information for no less than your state's required record retention requirements for the purpose of handling future coverage claims. For your protection, all requests made under this section must be in writing and must include your notarized signature to establish your identity. Where permitted by law, we may charge a reasonable fee to cover the costs incurred in responding to such requests. Please send requests to: Chief Privacy Officer Fidelity National Financial,Inc. 601 Riverside Avenue Jacksonville, FL 32204 Changes to this Privacy Statement This Privacy Statement may be amended from time to time consistent with applicable privacy laws. When we amend this Privacy Statement, we will post a notice of such changes on our website. The effective date of this Privacy Statement,as stated above, indicates the last time this Privacy Statement Page 2 of 2 Privacy Statement • • F�ti di hO � DEPARTMENT OF NATURAL RESOURCES $i DIVISION OF WATER RESOURCES \# 6 Bill Ritter,Jr. * /g76 • Governor September 14yitoti,punty Planning Department Mike Kin GREELEY OFFICE Executive Director Dick Wolfe,P.E. �n1n Director/State Engineer Ms. Michelle Martin SEP 1 7 Weld County Planning Department RECEIVED N 17th Avenue Greeley, Co 80631 Re: Exemption from Platting-Bob White Case No. RE-5055 W1/2SW1/4, Sec. 35, T8N, R62W, 6th P.M. Water Division 1, Water District 1 Dear Ms. Martin: We have reviewed the above referenced proposal to create by exemption two lots of 10.01 acres (Lots A) and 73.01 acres (Lot B). The 10.01 acres (Lot A) is being created to be sold to the NE Colorado Cellular Inc., d.b.a. Viaero Wireless, to place a cellular tower, an equipment building, a generator and a propone tank on this lot. There is no proposed water supply for either of the two lots. 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, no water related matters were presented in the referenced material. However, as assistance to your office, if you have any specific questions regarding the water supply or wells, please contact loana Comaniciu of this office. Sincerely, itiaklizeo1/2, I ' Joa a Williams, P.E. - er Resource Engineer Cc: JMW/IDC Office of the State Engineer 1313 Sherman Street,Suite 818•Denver,CO 80203•Phone:303-866-3581 •Fax:303-866-3589 www.water.state.co.us Hello