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Home My WebLink About20103042.tiff sfikMunicipal Subdistrict Northern Colorado Water Conservancy District 220 Water Avenue • Berthoud,CO 80513 •970-532-7700 •fax 970-532-0942 RECEIVED January 3, 2012 JAN 0 9 nnta Weld County harming Department GREELEY OFFICE Mr. Kim Ogle Planner Manager Weld County Planning Department 1400 N. 17th Avenue Greeley, CO 80631 Dear Mr. Ogle: Enclosed for your information are copies of the Petitions for Inclusion which we have received this past month for inclusion within the boundaries of the Municipal Subdistrict, Northern Colorado Water Conservancy District (Subdistrict). These Petitions will be acted upon by the Board of Directors of the Subdistrict at the Board Meeting to be held at 9:00 A.M. on February 10, 2012, at the Subdistrict's office, 220 Water Avenue, Berthoud, Colorado. If you have any questions, please feel free to give me a call at 970-622-2216. Sincerely, 1( ,f , ',.v"r_-,L-) Marilyn IL. Conley Inclusions Administrator me Enclosures 11 N l ( -03 , U, ( I � October 2006 PETITION FOR INCLUSION OF LANDS IN MUNICIPAL SUBDISTRICT NORTHERN COLORADO WATER CONSERVANCY DISTRICT TO THE BOARD OF DIRECTORS OF MUNICIPAL SUBDISTRICT, NORTHERN COLORADO WATER CONSERVANCY DISTRICT 1. All the owner(s) of lands situated in the County of Weld, State of Colorado, hereby petition(s) and pray(s) that the lands hereinafter described be included in said Municipal Subdistrict,Northern Colorado Water Conservancy District ("Subdistrict"). 2. The description of the lands owned by the Petitioner(s) is as follows: PETITIONER DESCRIPTION SEC.TWP.RGE. ACRES Greg Johnson Lot A, Recorded Exemption S12,T4N,R56W 4.087 and Sheree Johnson No. 1055-12-3-RE-5012 TOTAL ACRES INCLUDED 4.087 3. A plat of the above described property is attached hereto as Appendix "B." AMOUNT OF SUBDISTRICT PROCESSING FEE ENCLOSED $ 200.00 H:\LAND-ALL\C0NLEYU'0RMS\petition.inc-subd.doc 4. All the owner(s)of the above described property and their heirs, successors, and assigns hereby agree to be bound by the Water Conservancy Act, C.R.S. ' 37-45-101 et. seq., as amended from time to time,and all rules, regulations, and policies of the Subdistrict as amended or changed from time to time. 5. All of the owner(s) of the above described property hereby agree(s)that inclusion of the above described lands into the Subdistrict is conditioned on present and future payment of the same mill levies and special assessments as are levied or will be levied on other similarly situated property in the Subdistrict at the time of inclusion of the Petitioner(s) lands. If such payments are not made on such equal basis,the inclusion of the lands can be terminated for non-compliance with this condition if payments are not otherwise made. 6. All the owner(s)of the above described property have executed Appendix "A" attached hereto. THIS PETITION INCLUDING APPENDIX "A" MUST BE SIGNED BY ALL OF THE OWNERS OF THE ABOVE DESCRIBED PROPERTY TITLE (if in relation to a Partnership or a $IGNATL 3 Corporation) ADDRESS 22455 WCR 49,LaSalle,Co Greg Johnson 80645 Sheree Johnson 22455 WCR 49,LaSalle, Co 80645 STATE OF COLORADO) )ss County of The foregoing instrument was acknowledged before me this S' day of b cci c ri t3 Leg-- , A.D. 2011 , by !' .e c- :FL ,' h';- i f'"at.�z- Witness my hand and Seal. My commission expires: 5 1 SJ '`i . _, Notary Public of H:\LAND-ALL\CONLEY\FORMS\petition.inc-subd.doc 7� "( .MP • o ;!c Tg•TE OF GPv go" OMMr3310N EXQE APPENDIX "A" Purpose The purpose of this covenant is to subject Petitioner's property,described in the petition for inclusion and court order for inclusion,to the same mill levies and special assessments as are levied or will be levied on other similarly situated property in the Municipal Subdistrict(ASubdistrict@)of the Northern Colorado Water Conservancy District at the time of inclusion of Petitioner's lands. Waiver Petitioner hereby waives any right which may exist to require an election pursuant to article X, ' 20 of the Colorado Constitution before the Subdistrict can impose the mill levies and special assessments specified below. Petitioner also waives any right which may exist to a refund pursuant to article X, ' 20 of the Colorado Constitution. Mill Levies and Special Assessments Upon inclusion into the Subdistrict, and as an express condition thereof,Petitioner covenants to pay any and all special assessments levied by the Board of Directors of the Subdistrict against Petitioner=s property in the event the municipality or public corporation in which Petitioner=s property is located defaults on payment of its obligations under existing or future allotment contracts with the Subdistrict. Such obligations include,but are not limited to: 1. Repayment of the bonded indebtedness of the Windy Gap Project. 2. Payment of the annual costs incurred by the Subdistrict in the administration, operation, maintenance,repair and rehabilitation of Windy Gap facilities and such other annual costs as may arise from and be attributable to the operation of the Windy Gap Project. Covenant to Run with the Land This covenant will run with and burden the property described in the petition for inclusion and court order for inclusion and binds all future owners of the property. ALL OWNERS OF THE ABOVE DESCRIBED PROPERTY MUST SIGN THIS APPENDIX "A." DATE 7 ,SIGNATURES ADDRESS /04 I1_s(�t crikuncti% v-- �Qvstwc.tt44 laEctac.cr, SUb�Ir October 2006 PETITION FOR INCLUSION OF LANDS IN MUNICIPAL SUBDISTRICT NORTHERN COLORADO WATER CONSERVANCY DISTRICT TO THE BOARD OF DIRECTORS OF MUNICIPAL SUBDISTRICT, NORTHERN COLORADO WATER CONSERVANCY DISTRICT 1. All the owner(s) of lands situated in the County of Weld, State of Colorado,hereby petition(s) and pray(s) that the lands hereinafter described be included in said Municipal Subdistrict, Northern Colorado Water Conservancy District("Subdistrict"). 2. The description of the lands owned by the Petitioner(s) is as follows: PETITIONER DESCRIPTION SEC.TWP.RGE. ACRES Charlotte A. Jones Lot A RE-4092 08-01-66 2.74 Lot A. Rec Exemption No. 1471-08-4-Re4092 A.P. Schmidt& Co. Lot B RE-4092 08-01-66 37.28 V.J. Schmidt& Co. Lot B. Rec. Exemption No. 1471-08-4-Re4092 Schmidt Estate Revocable Trust PTS2SW4 08-01-66 52.65 & Schmidt A.F. & Co. Schmidt V.J. & Co. Lying E. of RR TOTAL ACRES INCLUDED 92.67 3. A plat of the above described property is attached hereto as Appendix "B." AMOUNT OF SUBDISTRICT PROCESSING FEE ENCLOSED $ 200.00 H:\LAND-ALL\CONLEY\FORM S\petition.i nc-subd.doe 4. All the owner(s) of the above described property and their heirs, successors, and assigns hereby agree to be bound by the Water Conservancy Act, C.R.S. ' 37-45-101 et. seq., as amended from time to time, and all rules, regulations, and policies of the Subdistrict as amended or changed from time to time. 5. All of the owner(s) of the above described property hereby agree(s) that inclusion of the above described lands into the Subdistrict is conditioned on present and future payment of the same mill levies and special assessments as are levied or will be levied on other similarly situated property in the Subdistrict at the time of inclusion of the Petitioner(s) lands. If such payments are not made on such equal basis, the inclusion of the lands can be terminated for non-compliance with this condition if payments are not otherwise made. 6. All the owner(s) of the above described property have executed Appendix "A" attached hereto. THIS PETITION INCLUDING APPENDIX "A" MUST BE SIGNED BY ALL OF THE OWNERS OF THE ABOVE DESCRIBED PROPERTY TITLE (if in relation to a Partnership or a SIGNATURES Corporation) ADDRESS V. J. Schmidt& CO. 13539 County Road 10 By Charlotte A. Jones Power of Attorney Fort Lupton, CO 80621 A. F. Schmidt& CO. 13539 County Road 10 By Charlotte A. Jones Power of Attorney Fort Lupton, CO 80621 Charlotte A.Jones owner 13611 County Road 10 Fort Lupton, CO 80621 Charlotte A. Jones Power of Attorney 13261 County Road 10 Fort Lupton, CO 80621 O2_1(9/n_ AlOn-CA STATE OF COLORADO ) ss County of ` ) per The foregoing instrument was acknowledged before me thir) day of A6V;04.1f3 , A.D. 20 (( , by apeaccrrE A. ,I0 .5 104 y, vie twko." Foe_ ( 3c 1 t kw •4s 40.4 Fog_ (3 & 3R a t C- W F - z irm-3 Co Witness my hand and Seal. My commission expires: U ((. Cr( t if:• Notary Public f-c " H\LMQD-4J.L\COij.EY\ RMS\petition.inc-subd.doc APPENDIX "A" Purpose The purpose of this covenant is to subject Petitioner's property, described lithe petition for inclusion and court order for inclusion, to the same mill levies and special assessments as are levied or will be levied on other similarly situated property in the Municipal Subdistrict4Subdistrict@)of the Northern Colorado Water Conservancy District at the time of inclusion of Petitioner's lands. Waiver Petitioner hereby waives any right which may exist to require an election pursuant to article X', 20 of the Colorado Constitution before the Subdistrict can impose the mill levies ad special assessments specified below. Petitioner also waives any right which may exist to a refund pursuant to article X: 20 of the Colorado Constitution. Mill Levies and Special Assessments Upon inclusion into the Subdistrict, and as an express condtion thereof,Petitioner covenants to pay any and all special assessments levied by the Board of Directors of the Subdistrict against Petitioners property in the event the municipality or public corporation in which Petitioners property is located defadts on payment of its obligations under existing or future allotment contracts with the Subdistrict. Such obligations include, but are not limited to: 1. Repayment of the bonded indebtedness of the Windy Gap Project. 2. Payment of the annual costs incured by the Subdistrict in the administration, operation, maintenance,repair and rehabilitation of Windy Gap facilities and such other annual costs as may arise from and be attributable to the operation of the Windy Gap Project. Covenant to Run with the Laid This covenant will run with and burden the property described in the petition for inclusion and court order for inclusion and binds all future owners of the property. ALL OWNERS OF THE ABOVE DESCRIBED PROPERTY MUST SIGN THIS APPENDIX "A." 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F N01232724537 5 tWESTLINEOFTHENORTHWEST 1/4OFSEC.12 1 - ° 9999._.. 9999 9999 . _ _. 9909. . 9999. 9999... _. a c I 0 30 V a. • • itettitic\ DEPARTMENT OF PLANNING SERVICES WC RECORDED EXEMPTION ADMINISTRATIVE REVIEW COLORADO Applicant: Bar Nine LLC RE-5012 Planner: M. Martin Legal Description: Being part of the N2 SW4 of Section 12, T4N, R65W of the 6th P.M., Weld County, Colorado. Parcel ID#: 1055 12 000039 Lot A Size: +/-4.5 acres Lot B Size: +/- 55.5 acres Water Source: Proposed Central Weld Sewer System: Proposed Septic County Water District 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. DID--30N • • 2. Topographic or physical features of the proposed Lots, such as ravines, ditches, streams etc. may limit the area available for a new or replacement septic system. Prior to recording the plat the Weld County Department of Public Health and Environment recommends that the applicant review the Weld County Code pertaining to septic systems to assure that any installed septic system will comply with all setback requirements found in the Code. In the event the proposed lot is not of sufficient size to allow the installation of a septic system the lot may need to be enlarged. 3. Prior to recording the plat: .7- The plat shall be titled: Recorded Exemption No. 1055-12-3 RE-5012 The applicant shall submit to the Weld County Department of Planning Services a recorded copy of any agreement signed by all of the owners of the property crossed by the access. The access shall be for ingress and egress and shall be referenced on the plat by the Weld County Clerk and Recorders reception number. Si: A 30 foot wide joint access and utility easement extending across Lot B from County Road 46, for the benefit of Lots A and B, shall be shown clearly on the plat. The joint easement shall be dedicated for the use as shown using the language set forth in the Weld County Code, Appendix 24-F.2. The easement shall be graded and drained to provide all weather access. ,E.� All approved accesses shall be clearly shown on the plat. The applicant shall contact the Weld County Department of Public Works to determine if a culvert is necessary at any approved road access point. If a drainage culvert is required, a 15 inch Corrugated Metal Pipe (CMP) is Weld County's minimum size. If the applicant chooses to place a larger culvert please contact the Weld County Department of Public Works to adequately size the ��yy culvert. feThe applicant shall address the requirements of Weld County School District RE-1 as stated in the referral response dated 3/14/10. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. Lot A shall comply with the one (1) 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. 0 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. H. 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 LaSalle Fire Protection District to the Weld County Building Department. 7. Should noxious weeds exist on the property or become established as a result of the proposed development the applicant/landowner shall be responsible for controlling the noxious weeds, pursuant to Chapter 15, Articles I and II of the Weld County Code. 8. Building permits shall be obtained prior to the construction of any building. Buildings that meet the definition of an Ag Exempt Building per the requirements of Section 29- 1-20 and Section 29-3-20.6.13 of the Weld County Code do not need building permits, however, a Certificate of Compliance must be filed with the Planning Department and an electrical and/or plumbing permit is required for any electrical service to the building or water for watering or washing of livestock or poultry. 9. 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) 10. 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) 11. 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. 12. 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 4. 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. 5. In accordance with Weld County Code Ordinance 2005-7 approved June 1, 2005, should the plat not be recorded within the required sixty (60) days from the date the Administrative Review was signed a $50.00 recording continuance charge may be added for each additional 3 month period. 6. The Department of Planning Services respectfully requests the surveyor provide a digital copy of this Recorded Exemption. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles, Arclnfo Coverages and Arclnfo Export files format type is .e00. The preferred format for Images is .tif (Group 4). (Group 6 is not acceptable). This digital file may be sent to maps(a,co.weld.co.us. 7. 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/111111/111, Date 751 9/o�{d/0 Michelle Martin a Planner III POC Planner Plat Checklist Item Comment Check j Check Proper size and material ,24" x 36' or 18" x 24" /Minimum 3 millimeter polyester sheet l� Lettering No stick-on lettering / Minimum S pt. lettering Boundaries of Lots L.-/- Scale Suitable Sca1P. (1 =200' r 1"=100') Accesses indicated Shared Access?If so, is easement Certificate included? Roads labeled, including L-'.---- R.O.W Building Envelope(s) Vicinity Map Suitable Scale? (Minimum 1" =2000') North Arrow Legal Description Notes from Planner/ Development Standards Conditions of Approval LJl 2// Cr. Owner's Certificate Notarial Certificate included? All owners must sign the.plat, 1.--"—'� check the deed. /'� Surveyor's Certificate and All surveyed plats V Surveyor's Stamp Note: USR plats do not need to be surveyed Director of Planning Notarial Certificate included? (RE, SE, SPR,Final PUD if Certificate - Staff Approved) VV Planning Commission (USR, COZ, Minor Sub.Final) Certificate i Board Certificate (USR, OO2„ Minor Sub Final) ��! (Final PIED, RE, SE Sc.ZPMH if Board approved) Typical Road Cross Section (COI, Final Minor Sub. and Final PUD) Easements C D Please return the plat to the CAD Technician within 24 hours of receiving the plat. Plarrer on Call: (Initials) Date. Plante; Signan'ce: t C) a) a. .� U (6 a E 'O E O 'ci � O (T- o LL. d U 12 N co a) N 0 CO Nre O C7 ` O O C CO co N o) U-` n 0 En Q O (0 CO 3 Q 0 CO 3 i >> >>> E Z ^\J -5a) on E N (6 (`0 ((1) E O > co Y (N U N E 02$ `- 2 U c U O)a 3 E -c O O - U E - a) � Qv - r CL) CD O loi_ N m < o @ r U O C0m U _c ` lCr3 0 -0 .- U ) r 06N 0 • O 2 o ii `c3 co tin c--�, c I- I it w a) It >` 2 > t U O m a O O 2 OD WELD COUNTY,COLORADO DEPARTMENT OF PLANNING SERVICES 918 10Th STREET GREELEY,CO 80631 PHONE:970-3534100,EXT.3540/FAX: 970-304-6498 Date: j), , 20 1 . Receipt No. t ; 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-FHDP/GHDP 4430-MAPS/POSTAGE 4430-COPIES 4730-INVESTIGATION FEE 6560-RECORDING FEE _> f` MISC. ❑CASH ❑CHECK NO. TOTAL FEE / // `--- Jr .. -/ Receipted By: DL# Exp. • Weld County sing Department Weld County School District RE- 1 GREELEY OFFICE Gilcrest• LaSalle • Platteville ,JUL 2 09010 P.O. Box 157 RECEIVED 14827 CO8623 Gicrret, Dr.Jo Barbie, Superintendent Phone 970-737-2403 Scott Spearnak,Director of Learning Services Fax 970-737-2516 Keith Ouweneel, Director of Support Services Metro 303-629-9337 July 15, 2010 Ms. Michelle Martin Weld County Planning Department 918 10th Street Greeley, Colorado 80631 RE: Case Number RE-5012 Dear Ms. Martin: Weld County School District RE-1 has reached an agreement Bar Nine, LLC. regarding RE-5012. Weld County School District RE-1 interests in this recorded exemption have been met. Please feel free to call me if you have any questions, 970-737-2403 Sincerely, Pi" • aseJ,A41-:-, Dr. Jo Barbie Superintendent of Schools BOARD OF EDUCATION Marsha Harris Randy Ray Ken Garcia David Eckhardt Steve Reams Mark Ortiz President Vice President Secretary Treasurer Director Director Our Total Commitment is to Provide an Exemplary Education and Safe Environment for all Students DEPARTMENT OF PLANNING SERVICES 918 10TH Street GREELEY, CO80631 PHONE: (970) 353-6100100, Ex t. 3540 FAX: (970) 304-6498 COLORADO March 8, 2010 Bar Nine, LLC do Gordon Johnson 3502 Rangeview Rd Greeley CO 80634 Subject: RE-5012-A Recorded Exemption located on a parcel of land described as being part of the N2 SW4 of Section 12, T4N, R65W of the 6th P.M., Weld County, Colorado. Dear Applicants: Your recorded exemption application is being processed. If it is determined that the application meets the approval criteria of Chapter 24 of the Weld County Code, you will be notified that the recorded exemption is approved. If the staff determines that the application does not meet the approval criteria or if staff has concerns with the application, staff may elect to forward the application for review to the Board of County Commissioners. You will be notified and asked to appear before the Board of County Commissioners at a public hearing. You will be informed of the hearing date prior to the hearing. The Board of County Commissioners will then consider your application and make a final decision on the recorded exemption. If you have any questions concerning this matter, please call me. Sincerely, Digitally signed by Wls,Ine Panxlem /p/—f aa�:iam me.Nno,or,n.ee<umem `9u/[� ,mM1.104 Date 2010 16:IOi8 DM Michelle Martin Planner r WELD COUNTY,COLORADO ' 4EPARTMENT OF PLANNING SERVICES _f 91810TH STREET GREELEY,CO 80631 PHONE: 970-353-6100,EXT.3540/FAX:970-304-6498 n ,m Date: 20 Receipt No. 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-FHDP/G HDP 4430-MAPS/POSTAGE 4430-COPIES 4730-INVESTIGATION FEE 6560-RECORDING FEE MISC. ❑ CASH ❑CHECK NO. TOTAL FEE Receipted By: DL# Exp. APPLICATION FLOW SHEET COLORADO APPLICANT: Bar Nine LLC CASE #: RE-5012 REQUEST: Two Lot Recorded Exemption LEGAL: Being part of the N2 SW4 of Section 12, T4N, R65W of the 6th P.M., Weld County, Colorado. LOCATION: Approximately 1/4 mile north of CR 46 and west of CR 47 PARCEL ID #: 1055 12 000039 ACRES: +/- 60 acres Date By Application Received 3/2/2010 ko Application Completed 3/8/2010 Mm Referrals listed 3/8/2010 mm Vicinity map prepared File assembled 314 ho I/n�- Case logged in computer 1 Letter to applicant mailed Referrals mailed /l Field check by DPS staff Administrative Review decision: ad"l eei '2ol( RAI Board of County Commissioners hearing (if applicable) Date By County Commissioners Hearing Date Surrounding property owners notified Presentation prepared CC action: CC resolution received 4,7. / to 1�BY Plat recorded and filed k c �_ /O ��(�,Q �h Overlay Districts Zoning Agricultural MUD Yes No_X_ IGA YesNo_X_ Airport Yes No_X_ Geologic YesNo_X_ Flood Hazard YesNo_X_ Panel#080266 'age 1 of 1 S Gordon Johnson From: "Michelle Martin" <mmartin@co.weldco.us> To: <gordon@bigfootturt.com> Sent: Thursday, March 04, 2010 10:39 AM Subject: Recorded Exemption Gordon, I am working on processing your recorded exemption application and the warranty deed states that Bar Nine LLC currently owns the property therefore I will need you to provide documentation that you have the authority to sign for Bar Nine LLC before we can continue to process the case. Let me know if you have any questions. Thanks for your help. Michelle Martin Planner Ill 918 10th Street Greeley, CO 80631 mmartin@co.weld.co.us PHONE: (970) 353-6100 x 3540 FAX: (970) 304-6498 Mc/aft-Mt frifid r'G'1.lcJ�Y(mS ''t)> / i n Sr14-rill fret r a,= /4rn rAktzrr I ir/10tij (34,2 KJi.urr_ C L C .t--/sN'u r et (Eei t /� Cs i. is CJ t 9"//i 4 ego" et?!~ (2_24 N>� ar0 4,-15 pa' (l Q am,e_ a r f +N 7-642 e./7e./7-7 // re f-1 /t-. H. Gordon Johnson • 3502 Rangeview Rd. Cell: 970-396-4977 Greeley, CO 80634 Home: 970-330-4977 gordon@bigfootturf.com 3/7/2010 RECORDED EXEMPTION (RE)APPLICATION FOR PLANNING DEPARTMENT USE DATE RECEIVED: RECEIPT/AMOUNT# 1$ CASE#ASSIGNED: APPLICATION RECEIVED BY PLANNER ASSIGNED: Parcel Number / o . S - / 2 - 0 - o n - d 3 9 (12 digit number-found on Tax I.D.information,obtainable at the Weld County Assessor's Office,or www.co.weld.co.us) Legal Description PP/ N �Z '.5 i J /t/ , Section /2,, Township y North, RangeL West Has the property been divided from or had divided from it any other property since August 30, 1972? Yes No ✓ Is this parcel of land, under consideration,the total contiguous land owned by the applicant? Yes No ✓ FEE OWNER(S)OF THE PROPERTY: Name: /364, /Vine. tie /o 6-arcIo., -SaAjnyern Work Phone# 2 9V-(oco° Home Phone# 3940 -y9 77 Email Address go nicn 6) b;J/acitdmrf:Co,,, Address: 31x2 I)et nit t ✓; e-.j , 4l City/State/Zip Code G r c e!k se co E9/S(o eV APPLICANT OR AUTHORIZED AGENT(See Below:Authorization must accompany all applications signed by Authorized Agent) Name: Work Phone# Home Phone# Email Address Address: City/State/Zip Code Lot A Lot B Lot C Lot D Smaller Parcel Water Source C W LA) O C W ec) D Type of Sewer :r5DS 16DS Proposed Use R'5 Acreage ' S A C. t SS 5 AG Existing Dwellings? If Yes, list address If Yes, list address If Yes, list address If Yes, list address below: below: below: below: ll,O If the property is vacant or unimproved write proposed water source and proposed sewer system for each parcel in the blanks above.For 1 " example,if a well and septic is proposed state:proposed well,proposed septic. I (We) request that the following described property be designated a Recorded Exemption by the Weld County Board ofCountyCommissioners. I (We) hereby depose and state under penalties of perjury that all statements, proposals, and/or plans submitted with or contained within the application are true and correct to the best of my (our)knowledge. Signatures of all fee owners of property must sign this application. If an Authorized Agent signs, a letter of authorization from all fee owners must be included with the application. If a corporation is the fee owner, notariz d evidence must be included showing the signatory has the legal authority to sign for the corporation. / - 3/,///0 Signature: Owner or A orized Agent Date Signature: Owner or Authorized Agent Date ( • • GENERAL DURABLE POWER OF ATTORNEY I, WANDA J. JOHNSON of the County of Weld, Colorado,do hereby execute this General Durable Power of Attorney with the intention that the attorney-in-fact hereinafter named shall be able to act in my place in all matters. SECTION 1. DESIGNATION OF ATTORNEY. 1.01 I appoint my spouse, H. Gordon Johnson, of the County of Weld, Colorado, to be my attorney-in-fact to act for me, in my name and in my place. SECTION 2. EFFECTIVE DATE OF POWER OF ATTORNEY. 2.01 This General Durable Power of Attorney shall be effective as of the date of execution by me. 2.02 This General Durable Power of Attorney shall not be affected by my incapacity or disability, it being my specific intention that my attorney-in-fact shall continue to act as such even though I may not be competent to ratify the actions of my attorney-in-fact. 2.03 Third parties may rely upon the representations of my attorney-in-fact as to all matters relating to any power granted to my attorney-in-fact,and no person who may act in reliance upon the representation of my attorney-in-fact shall incur any liability to me or my estate as a result of permitting my attorney-in-fact to exercise any power. 2.04 This power is revocable, provided that insofar as any governmental agency, bank, depository,trust company, insurance company,other corporation,transfer agent,investment banking company or other person is concerned, who shall rely upon this power, this power may be revoked only by a notice in writing executed by me or my attorney-in-fact and delivered to such person or institution. 2.05 This power of attorney shall not be revoked or otherwise become ineffective in any way by the mere passage of time,but rather shall remain in full force and effect until revoked by me or my attorney-in-fact in writing, as provided in 2.04 hereof. SECTION 3. POWERS. 3.01 My attorney-in-fact shall have all of the powers, discretions, elections and authorities granted by statute,common law and under any rule of court. In addition thereto,and not in limitation thereof, my attorney-in-fact shall also have the powers set forth below. 3.02 My attorney-in-fact may collect and receive, with or without the institution of suit or other legal process, all debts, monies,gifts,objects, interest,dividends, annuities and demands that now are due or may hereafter become due, owing or otherwise payable or belonging to me. My • • attorney-in-fact may use and take all lawful actions in my name or otherwise to recover the same and to compromise the same. 3.03 My attorney-in-fact may sell, convey, lease, exchange, mortgage, pledge, release, hypothecate or otherwise deal with,dispose of,exchange or encumber any of my property,either real or personal. This shall include the power to borrow money or otherwise obtain credit, upon such terms,conditions and covenants as my attorney-in-fact considers to be appropriate. 3.04 My attorney-in-fact may appear on my behalf in any litigation in which I am or may become a party during the duration of this General Durable Power of Attorney. 3.05 My attorney-in-fact may give discharges,releases,consents and receipts on my behalf. 3.06 My attorney-in-fact shall have the power to deposit funds in my name in any banking or savings institution or in any money market account, whether or not insured. 3.07 My attorney-in-fact shall have the power to pay any and all bills,accounts,claims and demands now due by me or becoming due by me subsequent to the execution of this General Durable Power of Attorney. In connection therewith,my attorney-in-fact may withdraw funds from and draw and sign checks in my name upon any bank or trust company, savings institution or money market funds in which I may have any funds on deposit. 3.08 My attorney-in-fact may endorse all checks drawn to my order for deposit in any account in which I have funds on deposit or in any new account opened in my name. 3.09 My attorney-in-fact shall have the power to hold, invest, reinvest and otherwise deal with and manage all property in which I have any interest. 3.10 My attorney-in-fact shall have the power to transfer or surrender any securities which I may own. In connection therewith,my attorney-in-fact may execute in my name or on my behalf any stock power or other instrument in order to effect any such transfer or surrender. 3.11 My attorney-in-fact shall have the power to enter into or renew any agency or custodian agreement with any bank or trust company at my expense for the investment or safekeeping of any property. This shall include the power to revoke any agency or custodian agreement, whether the agreement is entered into by me, by my attorney-in-fact or by any other person. 3.12 My attorney-in-fact shall have unrestricted access to,and the right to enter into,any safe deposit box,vault,storage warehouse or other depository which I may own,which may be registered in my name or in which any property may be held for me. 3.13 My attorney-in-fact shall have the power to bargain for,contract for,purchase,receive, lease or otherwise acquire in my name,for my account or on my behalf property of any kind, real or personal, tangible or intangible, including, but not limited to, United States Treasury Bills, Notes, . • • Bonds and other obligations of the United States Government or any of its agencies which may be used,pursuant to 6312 of the Internal Revenue Code and the Regulations thereunder(as the same may be in effect from time to time), in payment of the tax imposed by 2001 of said Code as it may be in effect from time to time. 3.14 My attorney-in-fact shall have the power to prepare,make,execute and tile any and all federal, state, local or other tax returns, claims for refunds or declarations of estimated tax. This power shall include the power to represent me (directly or through attorneys, accountants or other agents)in any matter before the Internal Revenue Service or any other federal,state or local agency. In connection with such representation, my attorney-in-fact may execute consents extending the statutory period for the assessment or collection of taxes,may pay all taxes and interest thereon which I may properly owe or which may be assessed against me and may contest the validity of any proposed assessment. 3.15 My attorney-in-fact shall have the power to execute,seal,acknowledge and deliver any instruments, documents or papers deemed necessary, advisable or expedient with respect to any property. 3.16 My attorney-in-fact may act in all matters with respect to all powers described herein as freely, fully and effectively as I could or might do personally if present and of sound and disposing mind. SECTION 4. RATIFICATION, USE OF PHOTOCOPY, REVOCATION OF PRIOR POWERS. 4.01 I hereby ratify,allow,acknowledge and hold valid all acts taken by my attorney-in-fact pursuant to this power. 4.02 I hereby authorize the use of a photocopy of this General Durable Power of Attorney,in lieu of the original copy executed by me, for the purpose of effectuating the terms and provisions hereof. 4.03 Notwithstanding any other provisions of this General Durable Power of Attorney,my attorney-in-fact shall have no rights or powers hereunder with respect to any act,power,duty,right or obligation relating to any person,matter,transaction or property owned by me or in my custody as a trustee, custodian, personal representative or other fiduciary capacity. 4.04 1 hereby revoke, annul and cancel any and all General Durable Powers of attorney previously executed by me, if any,and the same shall be of no further force or effect. However,I do not intend in any way in this instrument to affect,modify or terminate any special,restricted or limited power or powers of attorney I previously may have granted in connection with any banking,borrowing or commercial transaction. -3- . • 4.05 This General Durable Power of Attorney is executed and delivered in the State of Colorado,with the intention that it can be used in any state in which I reside,whether such residence be temporary or permanent,and the laws of the State of Colorado shall govern all questions as to the validity of this power and as to the construction of its provisions. 4.06 This instrument is to be construed and interpreted as a General Durable Power of attorney. The enumeration of specific powers herein is not intended to,nor does it,limit or restrict the General Durable Powers herein granted to my attorney-in-fact. IN WITNESS WHEREOF, I have executed this General Durable Power of Attorney this 9th day of October,2009. Wanda J. Johnson, Principal SAMPLE SIGNATURE: L i (. ... H. Gordon Johnson STATE OF COLORADO ) )ss. COUNTY OF WELD ) Subscribed,sworn to and acknowledged before me this 9th day of October,2009 by Wanda J. Johnson. Witness my hand and official seal. __1..— .' Jet ._ 'rL Notary Public My Commission Expires: a j- • v„EANN..I� •.4 ft NOT `•n -4- RE Questionnaire 1. Water supply. a. Domestic Water Use. Mr. Johnson has purchased one(1)additional Water Taps for the SW '/ of Section 12, T4N, R65W of the 6th P.M. See enclosed Tap Fee Agreement and the copy of the check. The proposed Lots"A" and "B" have obtained a willing to serve letter has from the Central Weld Water District, see attached letter, and the proposed tap was paid for in July of 1999. b. Irrigation Water. 15.03 shares of the capital stock of The Farmers Reservoir and Irrigation Company, and 18 shares of the capital stock of The Bohlender Lateral Company. 2. Sewage Disposal. Proposed Lot"A" will be served by an ISDS when the residence is constructed. Lot"B"is proposed as agricultural use, when a dwelling is proposed for this lot, it will be served by an ISDS. 3. Property Uses. At the present time a temporary batting cage is present on the parcel and on proposed Lot"A" (Northeast Corner).No other buildings exist on this parcel. No livestock is associated with this parcel. One gas/oil well is located in the Northeast 'A of the Southwest 'V4. The remaining portion of the parcel is used as a turf farm for Big Foot Turf and is irrigated by a pivot sprinkler. The pivot is located at the mid point of the south 1/16 line of the north half of the southwest 'A of section 12. 4. Description. At the present time, a temporary batting cage is located in the Northeast corner of the parcel. A home is planned to be centrally located on the proposed Lot"A"of this RE application. Proposed Lot"A"will have a size of ±4.1 AC. NET/GROSS. Access for proposed Lots "A"and "B" will by a joint access easement/agreement across the south % of the southwest 'A of section 12. Proposed Lot"B"of this Application will be used as agricultural by Big Foot Turf and the size of this proposed parcel is±37.495 AC. 5. Gilmore Canal is located on the Southwestern/Western side of proposed Lot"B". 6. The building/residential is planned and will be centrally located on proposed Lot "A". At this time no dwelling is proposed for Lot"B". 7. At the present time the parcel is fanned by Big Foot Turf. The proposed Lot"A" will be used as a residential lot and proposed Lot"B" will continue to be farmed by Big Foot Turf. • • Weld County Treasurer Statement of Taxes Due Account Number R4348486 Parcel 105512000039 Legal Description Situs Address 11932 N2SW4 12 4 65 LYING E OF GILMORE CANAL(2D) Account: R4348486 BAR NINE LLC 3502 RANGEVIEW RD GREELEY,CO 80634 Year Charges Billed Payments Balance 2009 Tax $265.29 $0.00 $265.29 Grand Total Due as of 02/10/2010 $265.29 Tax Billed at 2009 Rates for Tax Area 0108-0108 Authority Mill Levy Amount Values Actual Assessed WELD COUNTY 16.8040000* $114.61 AG-FLOOD $23,508 $6,820 SCHOOL DIST RE1 8.2120000 $56.00 IRRRIGATED LAND NORTHERN COLORADO WATER 1.0000000 $6.82 Total $23,508 $6,820 (NC CENTRAL COLORADO WATER 0.4250000 $2.90 (CCW CENTRAL COLORADO WATER 1.3380000 $9.12 SUBD LASALLE FIRE 1.5530000* $10.59 AIMS JUNIOR COLLEGE 6.3120000 $43.05 HIGH PLAINS LIBRARY 3.2550000 $22.20 Taxes Billed 2009 38.8990000 $265.29 '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 Prusuant to the Weld County Subdivision Ordinance, the attached Statement(s) of Taxes Due, issued by the Weld County Treasurer, are evidence of the current status as of this date of all property taxes, special assessments and prior tax liens attached to this (these) account(s). Current year's taxes e due but not delinquent. Signed: �j��r� 11:),nf Date:. %�J 94:0 Identity Results ragc 1 ui 1 • • WELD COUNTY ASSESSOR PROPERTY PROFILE Account#: R4348486 Parcel#: 105512000039 Tax Area: 0108 Bordering County: Acres: 60 Township Range Section Ouart.Sec. Subdivison Name Block# Lot# 04- 65- 12 -0 - - Owners Name&Address: Property Address: BAR NINE LLC Street: 3502 RANGEVIEW RD City: GREELEY, CO 80634 Business/Complex: Sales Summary Sale Date Sale Price Deed Type Reception* 5/5/1994 $45,500 02387206 Legal Description 11932 N2SW4 12 4 65 LYING E OF GILMORE CANAL(2D) Land Valuation Summary Land Type Abst Code Unit of Number of Actual Value Assessed Measure Units Value Agricultural 4117 Acres 31.53 Agricultural 4117 Acres 28.47 Land Subtotal: 60 $23,508 $6,820 No Buildings on Parcel http://maps2.merrick.conl/Website/Weld/setSgl.asp?cmd=QUERY&DET=PP&pin=10551... 2/10/2010 Kristine Ranslem • • From: Kristine Ranslem Sent: Tuesday, March 09, 2010 8:37 AM To: Ann Siron; 'manuel@farmersres.com'; 'mlockhart@farmersres.com'; 'Jo Barbie'; 'Isfd@comcast.net' Subject: RE-5012 Referral Attachments: referral sheet.pdf; Application.pdf We have just received a case (RE-5012) in which we ask that you review the attached material and send a referral to us by April 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 (mmartinAco.weld.co.us) If you have any problems or have any questions, please don't hesitate to contact me at the number below. Thank you! KtrLstLN.e RawsLew,. Planning Technician Weld County Planning Services 918 10 Street, Greeley CO 80631 970-353-6100 ext. 3519 1 Kristine Ranslem • • From: Kristine Ranslem Sent: Tuesday, March 09, 2010 8:38 AM To: 'gordon@bigfootturf.com' Subject: Case RE-5012 Attachments: Applicant letter.pdf Please see the attached letter. K.rSt%we rza 1/4,S Levu. Planning Technician Weld County Planning Services 918 10 Street, Greeley CO 80631 970-353-6100 ext. 3519 i . REFERRAL LIST Name: Bar Nine LLC ase#: RE-5012 County Towns &Cities Fire Districts __Attorney _Ault _Ault F-1 x Health Department _Berthoud _Berthoud F-2 _Extension Office _Brighton _Briggsdale F-24 _Emergency Mgt Office- Ed Herring _Dacono _Brighton F-3 _Sheriffs Office _Eaton _Eaton F-4 x Public Works _Erie _Fort Lupton F-5 Housing Authority _Evans _Frederick _Airport Authority _Firestone _Galeton F-6 _Building Inspection _Fort Lupton _Hudson F-7 x Code Compliance Ann _Frederick _Johnstown F-8 Kim Ogle (Landscape Plans) _Garden City x LaSalle F-9 _Lin (Addressing Change of Zone) _Gilcrest _Mountain View F-10 _Ambulance Services _Greeley _Milliken F-11 _Grover _Nunn F-12 State _Hudson _Pawnee F-22 Div._ of Water Resources _Johnstown _Platteville F-13 _Geological Survey _Keenesburg _Platte Valley F-14 _Department of Health _Kersey _Poudre Valley F-15 _Department of Transportation _LaSalle _Raymer F-2 _Historical Society _Lochbuie _Southeast Weld F-16 Water Conservation Board Longmont _Union Colony F-20 _Oil & Gas Conservation Commission _Mead Wiggins F-18 _ _Milliken Windsor/Severance F-17 Division of Wildlife _New Raymer _South Hwy 66 (Loveland) _Northglenn Commissioner _North Hwy 66 (Greeley) _Nunn _ _Division of Minerals/Geology _Pierce _Platteville Soil Conservation Districts _Severance _Big Thompson/ FTC _Thornton _Boulder Valley/Longmont _Windsor _Brighton/SE Weld _Centennial Counties _Greeley/West Greeley _Adams _Platte Valley _Boulder _West Adams _Broomfield _Little Thompson _Larimer Federal Government Agencies Other _US Army Corps of Engrs x School District RE-1 _USDA-APHIS Vet Service _Central Colo. Water Cons _Federal Aviation Admin (Structures _RR over 200 ft or w/in 20000 ft of Pub x Gilmore Canal Company Airport _Art Elmquist(MUD Area) _Federal Communications Comm Referral List 16- • •Case# ^ ro, ,Name. County • Towns&Cities Fire Districts Attorne, _Ault _Ault F-1 Berthoud Berthoud F-2 ealth Department — — _Extension Office Brighton Briggsdale F-24 Emergency Management Office-Ed Herring _Dacono _Brighton F-3 _Sheriffs _Eaton _Eaton F-4 ublic Works _Erie _Fort Lupton F-S _Housing Authority _Evans Galeton_ F-6 _Airport Authority _Firestone _Hudson F-7 Buildinr eclion _Fort Lupton _Johnst 8 de Compliance _Frederick _ aSalle F-9 _Assessor Office/Chris Woodruff(Final Plan) Garden City _Mountain View F-10 _Kim Ogle(Landscape Plans) _Gilcrest _Milliken F-11 _Lin or Peggy(Addressing Change of Zone) _Greeley _Nunn F-12 Ambulance Services _Grover —'as ice F-22 State Hudson _Platteville F-13 Div._ of Water Resources _Johnstown _Platte Valley FO4 _Geological Survey Keenesburg _Poudre Valley F-15 _Department of Health _Kersey _Raymer F-2 _Department of Transportation _LaSalle _Southeast Weld F-16 _Historical Society Lochbuie_ _Union Colony F-26 _Water Conservation Board _Longmont Western_ Hills F-20 _Oi1&Gas Conservation Commission _Mead _Wiggins F-18 Division of Wildlife Milliken — - _South Hwy 66(Loveland) _New Raymer _North 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 P_ _Fort Collins Counties Road Impact Fee Area? _Greeley Adams (SW 41 42 43 ,Windsor_) Longmont _Boulder IGA0 ORD P Morgan _Broomfield MUD? Platte Valley _Larimer Southeast Weld Other West Adams _Central Colo.Water Conservancy Dist Federal Government Agencies _Left Hand Later US Army Corps of Engrs _ drool District RE-L_ — 47_ n • USDA-APHIS Vet Service Ad Elmquist(MUD ArealYnaa-C (/' Federal Aviation Admin(Structures over ch ComP an -Ca h _ — over 200 ft or w/in 20000 ft of Pub Airport Commissioner /4 6 Federal Communications Comm _- -. — - "f tit e _ • aunty Planning Department GREELEY OFFICE d C MMAR 25 ;awn REcElyED Weld County referral IiDc March 8, 2010 COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Bar Nine LLC Case Number RE-5012 Please Reply By April 8, 2010 Planner Michelle Martin Project Two Lot Recorded Exemption Legal Being part of the N2 SW4 of Section 12,T4N, R65W of the 6th P.M., Weld County, Colorado. Location Approximately 114 mile north of CR 46 and east of CR 47. For a more precise location, see legal. Parcel Number 1055 12 000039 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 f'&( vj t'VI-N-1In Date Aakcii -L, TOR) Agency C.R ICA +Weld County Planning Dept. 0918 10t Street Greeley,CO.80631 4(970)353-6100 ext.3540 4(970)304-6498 fax • • Print Form OH, ‘, Weld County Referral C. March 8, 2010 COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Bar Nine LLC Case Number RE-5012 Please Reply By April 8, 2010 Planner Michelle Martin Project Two Lot Recorded Exemption Legal Being part of the N2 SW4 of Section 12, T4N, R65W of the 6th P.M.,Weld County, Colorado. Location Approximately 1/4 mile north of CR 46 and east of CR 47. For a more precise location, see legal. Parcel Number 1055 12 000039 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. Q�We have reviewed the request and find that it does/does not comply with our Comprehensive Plan JW1 We have reviewed the request and find no conflicts with our interests. O See attached letter. O Please notify me of any public hearings regarding this request. Comments: LitdLQvLetu % nut dolx-Pu i aft,' Cade v no U>G>�Q?�ia2d be-e n10}�d U Signature C Date , 2) f p—70 Agency a/7 +Weld County Planning Dept. 4918 10'"Street Greeley,CO.80631 0(970)353-6100 ext-3540 +(970)304-6498 fax • • 60 taari :, viiWeld County Referral IIDCMarch 8, 2010 RECEIVED COLORADO MAR 1 1 2010 IA Cavity Putts*mks Dwain. The Weld County Department of Planning Services has received the following item for review: Applicant 1 Bar Nine LLC Case Number ,RE-5012 r Please Reply By April 8, 2010 Planner Michelle Martin Project Two Lot Recorded Exemption Legal Being part of the N2 SW4 of Section 12, T4N, R65W of the 6th P.M., Weld County, Colorado. i Location Approximately 1/4 mile north of CR 46 and east of CR 47. For a more precise location, see legal. Parcel Number 1055 12 000039 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 ❑ lye 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:SE 4, e.se-P-tezrr es;AA-. . Signature OW Date 3- a5- to Agency 2 W . *Weld County Planning Dept. 4918 10th Street Greeley, CO. 80631 4(970)353-6100 ext.3540 4(970)304-6498 fax • , Weld County Planning Department MEMORANDUMGREELEYOFFICE Kito lrt ,j ,24,,;, 7 TO: Michelle Martin, Planning Services DACE: ItS �la':1 IFROM: Donald Carroll, Public Works Department Oil SUBJECT: RE-5012, Bar Nine LLC COLORADO 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 Strategic Roadway: (December 2002) WCR 49 is classified by the County is a Strategic Roadway, which requires a 140-foot right-of-way at full build out. This road is maintained by Weld County. (WCRs 5,7, 9.5, 11, 13, 22, 24, 27, 37, 49 and 74) Weld County Road Classification Plan (FHU): (June 2002) WCR 46 is a local gravel road and requires a 60-foot right- of-way at full build out. There is presently a 60-foot right-of-way. This road is maintained by Weld County. Pursuant to the definition of SETBACK in the Weld County Zoning (23-1-90), the required setback is measured from the future right- of-way line. REQUIREMENTS: Utilize the existing agricultural, oil and gas, and ditch roads that are necessary for your agricultural operation. Pursuant to Chapter 15, Articles I and II of the Weld County Code, if noxious weeds exist on the property or become established as a result of the proposed development, the applicant/landowner shall be responsible for controlling the noxious weeds. All vegetation, other than grasses, needs to be maintained at a maximum height of 12 inches until the area is completely developed. The access width requirements for emergency equipment (fire department) are a minimum of 20 feet. The applicant indicated that it has been cleared with the fire department and emergency services that the width and weight capacity of the access lane shall be adequate for emergency purposes. The applicant shall provide documentation to that effect. The easement shall be a graded and drained road to provide an all-weather access. Both Lots A and B shall share a joint access point. Question: Is a ball field, batting cage, and parking required on a USR? Check out the adjacent property, also owned by Johnson. Flood Hazard Development Standards: This area is not in a Special Flood Hazard Area (SFHA) as determined by the Federal Emergency Management Agency (FEMA). The applicant shall place on the plat drawing: the 30-foot access easement on Parcel #105512300068 across Lot B of RE-5012 for the benefit of Lot A on case RE-5012. pc: RE-5012 NL\PLANNING-DEVELOPMENT REVIENARE-Recorded Exemption\RE-5012\RE-5012 docx - 1 - WELD COUNTY ROAD ACCESS INFORMATION SHEET Weld County Department of Public Works 111 H St PO Box 758 Greeley CO 80632 Phone: (970)356-4000 x3750 Fax: (970)304-6497 a� 10 Road File#: qle Date: 3_ RE#:: 5o r D Other Case#: 1. Applicant Name Cr o e d on Johnson Phone Address 3502 Retell a tr.-.-J Rd, City et-cc-ley StateCO Zip 80LP3c/ 2. Address or Location of'mess Section /2 Township V Range L 5 Subdivision Block Lot Weld County Road#. c/ to Side of Road N Distance from nearest intersectioaL 3. Is there an existing access to the property? Yes No X #of Accesses ace. below 4. Proposed Use: ( Permanent (Residential/Agricultural ( Industrial ( Temporary ( Subdivision ( Commercial (Other G.o-5 5. Site Sketch Legend for Access Description: _Thrl AG = Agricultural RES = Residential et 0&G = Oil&Gas D.R. = Ditch Road Pecos," ❑ = House Lae ':3 ' noe0seoil O = Shed I` A = Proposed Access 4/ A + = Existing Access S W ./y 5 / �. SE �s . / j�iePosed- `; s a /w l� r 3 E s.nen t / wcR t. + / if - ___, rno 2 i L� / e''4 S G:� Cr ;S .nS 'Q� Cana( Access `\ Propene). Access - - Ze6a ‘ft„`h `g" in A'Y Scz P OFFICE USE ONLY: Road ADT Date Accidents —ate _ .... Road ADT Date Accidents Date - Drainage Requirement Culvert Size Length Special Conditions Installation Authorized ❑Information Insufficient Reviewed By: Title: (7 ( Memorandum TO: Michelle Martin, W.C. Planning lDATE: April 9, 2010 FROM: Lauren Light, W.C. Department of Public COLORADO Health and Environment CASE NO.: RE-5012 NAME: Bar Nine LLC Environmental Health Services has reviewed this proposal to exempt 4.5 acres from a 60 acre site. Proposed lot A will consist of 4.5 acres and proposed lot B will consist of 55.5 acres. Both lots are currently vacant. Central Weld Water District will provide water and individual sewage disposal systems will be installed when a residence is built on either parcel. The following condition is recommended to be part of any approval: 1. A Weld County Septic Permit is required for any 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. Topographic or physical features of the proposed lot, such as ravines, ditches, streams, etc. may limit the area available for a new or replacement septic system. Prior to recording the plat the Division recommends that the applicants review the County Code pertaining to Septic Systems to assure that any installed septic system will comply with all setback requirements found in the Code. In the event the proposed lot is not of sufficient size to allow the installation of a septic system the lot may need to be enlarged. • Print Form Weltunty Planning Department GREELEY OFFICE (it MAR 167n1n RECEIVE® Weld County Referral March 8, 2010 COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant I Bar Nine LLC Case Number RE-5012 Please Reply By April 8, 2010 Planner Michelle Martin Project Two Lot Recorded Exemption Legal Being part of the N2 SW4 of Section 12, T4N, R65W of the 6th P.M., Weld County, Colorado. Location Approximately 1/4 mile north of CR 46 and east of CR 47. For a more precise location, see legal. Parcel Number 1055 12 000039 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. ee attached letter. C Please notify me of any public hearings regarding this request. Comments: Signature j4 py ,,Agnyt Date 3//t/ADAgency W 9 Cstasilry �4ara. +Weld County Planning Dept. 0918 10"'Street Greeley,CO.80631 +(970)353-6100 ext.3540 +(970)304-6498 fax • • Weld County School District RE- 1 Gilcrest • LaSalle •Platteville P.O. Box 157 14827 W.C.R. 42 Gilcrest, CO 80623 Dr. Jo Barbie, Superintendent Phone 970-737-2403 Jeff Cogburn, Director of Personnel&Auxiliary Services Fax 970-737-2516 Scott Spearnak,Director of Learning Services Metro 303-629-9337 Keith Ouweneel,Director of Technology March 14, 2010 Weld County Planning Department Attention: Michelle Martin 918 10th Street Greeley, Colorado 80631 RE: Case Number RE-5012 Dear Ms. Martin: We have reviewed the application by Bar Nine, LLC for RE-5012 and have the following comments: Weld County School District RE-1 has developed methodology for Land Dedication and/or In Lieu Payments. The current In Lieu Payment amount per single family unit is $1,054.20. Based on the information provided, it appears that there are plans to build a new home on parcel A. Therefore, an in lieu payment in the amount $1,054.20 is due to the school district prior to approval of the recorded exemption. Sincerely, p Dr. Jo Barbie Superintendent of Schools pc: Gordon Johnson, Representative BOARD OF EDUCATION Marsha Harris Randy Ray Ken Garcia David Eckhardt Patricia Montoya Steve Reams President Vice President Secretary Treasurer Director Director Our Total Commitment is to Provide an Exemplary Education and Safe Environment for all Students CENTRAL WELD COUNTY WATER DISTRICT February 16, 2010 H. Gordon Johnson 23333 County Road 46 LaSalle, CO 80645 RE: Water Service Dear Mr. Johnson: This letter is in response to a request for water service to serve the following property described as follows: Proposed Lot A of the N 'h SW '/4 S '/2 SW '/o SE 1/2, Section 12,Township 4 North,Range 65 West of the 6th P.M.,Weld County, Colorado. Water service can be made available to the above described property provided all requirements of Central Weld County Water District, Northern Colorado Water Conservancy District and the U. S. Bureau of Reclamation are satisfied. Central Weld County Water District will require that Tap Assignments be consummated prior to the setting of a tap or this letter shall become null and void unless extended in writing by the District. Subdivisions requiring 10 or more taps will be required to purchase and transfer raw water prior to District approval. Please note that you are responsible for confirming that this property has met the requirements of Northern Colorado Water Conservancy District and the Bureau of Reclamation. To do this, you may contact Marilyn Conley with Northern Colorado Water Conservancy District at 970.532.7700. Central Weld cannot issue a tap until all requirements are satisfied. A review of the District's system in this water service area will need to be done prior to water taps being sold. Water main infrastructure currently does not exist to provide service to this property. A water main line extension will be required. Due to the rapid cost increase of raw water, existing tap fees may not apply for water service to this property. The District will not notify, by separate letter, any prospective landowners or land purchasers of tap fee or line extension cost increases. The cost of a tap fee and/or line extension will have to be paid in advance to the District by the prospective customer in accordance with District policy within one (1) year from the date of this letter It is your responsibility to confirm with your local Fire Protection Authority if fire flow water capacity is required for your project. Sincerely, CENTRAL WELD COUNTY WATER DISTRICT W. Zadel eneral Manager JWZ/rg 2235 2"d Avenue • Greeley, Colorado 80631 •Phone (970) 352-1284 • Fax(970) 353-5865 John W.Zadel, General Manager CENTRAL WELD COUNTY WATER DISTRICT February 16,2010 H. Gordon Johnson 23333 County Road 46 LaSalle,CO 80645 RE: Water Service Dear Mr. Johnson: This letter is in response to a request for water service to serve the following property described as follows: Proposed Lot B of the N '/2 SW '/4 S '/2 SW '/4 SE '/4, Section 12,Township 4 North,Range 65 West of the 6th P.M., Weld County, Colorado. Water service can be made available to the above described property provided all requirements of Central Weld County Water District, Northern Colorado Water Conservancy District and the U. S. Bureau of Reclamation are satisfied. Central Weld County Water District will require that Tap Assignments be consummated prior to the setting of a tap or this letter shall become null and void unless extended in writing by the District. Subdivisions requiring 10 or more taps will be required to purchase and transfer raw water prior to District approval. Please note that you are responsible for confirming that this property has met the requirements of Northern Colorado Water Conservancy District and the Bureau of Reclamation. To do this, you may contact Marilyn Conley with Northern Colorado Water Conservancy District at 970.532.7700. Central Weld cannot issue a tap until all requirements are satisfied. A review of the District's system in this water service area will need to be done prior to water taps being sold. Water main infrastructure currently does not exist to provide service to this property. A water main line extension will be required. Due to the rapid cost increase of raw water, existing tap fees may not apply for water service to this property. The District will not notify, by separate letter, any prospective landowners or land purchasers of tap fee or line extension cost increases. 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Afoio Les+D ofilze 5(Dia c.:,Q 412 ES 0 da.figesa p lei CP tr.. ccus Nr rt 1. t h „ , g�x... ,„.,.mnx-nr,m.F. .,...!...star -,r.a+_--r -_5 .....w...�.-r.i,.......e...g a t.ter. • • • WEST 1 4 COR. 12 FND. CENTQ 1 4 COR. 12 FMD. a 23301w 2 1/2- AL. CAP NORTH LINE OF THE NORTHWEST 1/4 OF SEC. 12 �1 REu1lw. 3 1 4 AL CAP S 89°58'26" E 2631.92' 4392 THe ' 1/4)` llI 829.32' �� ` _ I1�` 680.'14' • / N 85°30 Ole E 276.77 ..>''' .. ` I o� LOT A 4.0871 ACRES o. Y. I N 0l•1044'W END GUN ARC 'D a 37°0923" / $ C' 102.0(Y IST WHEEL._ -. Ra1438.89' TRACK ARC L=933.17 CH=S 46°31'18'E 916.86' \\I_ c LOT B #j\ 53.7118.*ACRES ig N. (12\:SfitPS' •b, j,. GAS WELL." # N 88°41141.E / I v 30.00' N_i9°1T41'W Abi/e (n 50.00 /, Tri I �6 \\ W tz 93' R.O.W. GII.MORE CANAL 0� 30'ACCESS&UTILITY EASEMENT 2 Z BOOK 314.PAGE 323 FOR THE BENEFIT OF LOT'S A OF RE- C lT1 173 ACROSS LOT B OF RE --" O M 0 ( \ (PERTHLSPLATI 0 I.11 W 00 nj N 20°1744"W CSPRINKLER ' -' � z J 150.00 PIVOT VD O) ON LT' oZ 2 O - ` SOUTH 1 1/ oDR. ON L11E 7Of�SEC. 12 ►45x ;4' BIER-301110 1/16 COIL OF SEC. 12 In K ji VD NI S 89°58' " E 2629.93' / N N FD. PI w. 301 4AL CAP F0. /R W. 3 1 4' AL CAP N y� w LS. 4 . COIL 6r N. 1/2 OF SW. 1/4) (T.P.O.R.) L S. 4312. COR. OF N. 1/2 OF SW. 1/4) a to ... y I I I I N ”.3 A CURVE TABLE I I O CURVE DELTA RADIUS LENGTH CHORD C-I 3°10'20' 537.70' 29.77 N 21.52'54"W 29.77' � .0.1°.° W.C.R. #47 C-2 39°30110" 405.63' 27964' N 40°02'44"W 274.14'1 O n --F.:-.-.- 1600 RO W.1 C-3 43°21001" 221.44' 167.48' N 3811714"W 163-51' (/] W.. LAI C'-4 29°36101" 333.35' 172.21' N 31°15'44'W 170.31' til N - PETTfK7NTO OPEN&VIEWERS APPROVED C-5 55°39101" 197.87' 192.19' N73°53'14"W 184.72' li o I5 APRIL.. 18$6 BOOK 4.PAGE 201 C43 101°32100 98.34' 172.55' N 51°2(+44' W 151.25' 310 JOI T A(CFSS&UTILITY FAY i 1 I - VIEWERS REPORT ACCEPTED-ROAD OPEN® C-7 8(.°41101" 136.79' 206.95' N 42.09146"E 187.77 FOR THE BENEFIT OF LOTS A&B(1F RE-_ �l N I 25 FEB.. 1886 BOOK 4.PAGE 178 C 8 60°37'13" 167.46' 177.18' N 55°1140'E 169.03' LYING 30'WEST AND PARALLEL WITH THE EAST LINE OF THE SOUTH 1/2 OF THE ' SOUTHWEST 1/4 OF SECTION 12 RECORDED AT REC. NO I DATED_FEBRUARY.2010I I I I II , . I I I , _.- I -Sca /e QI I A m cn I , 91 I W.C.R. #46 aO (60'RA.W.) G1I ki 9 918 8OOK 15.PAGE 435 ROAD APPROVEDmI (SAID ROAD NOT LESS THAN 30'IJ WI TH) �'-30000 FEB.;! y ! 3,0.00 - - - - - - - - - - - - - - - - - - SOUTHWEST'COR. 12O. N 89°59'25" W (S 89°5925" E) 2627.94' (2627.86') s�o1m1 4 ooR. / 12 FMD. �°,� W. AL. SOUTH LINE OF THE NORTHWEST 1/4 OF SEC. 12 LS. ■� W. 2 1 AL. CAP 4-3"1 OF BEARINGS) • • WELD COUNTY ROAD ACCESS INFORMATION SHEET Weld County Department of Public Works 111 H St PO Box 758 Greeley CO 80632 Phone: (970)356-4000 x3750 Fax: (970) 304-6497 Road File#: Date: RE#: // Other Case#: 1. Applicant Name &oedon Johnson Phone Address 3502 Ra ,33t✓; - R1 City Gccerey StateCO Zip 804.3'/ 2. Address or Location of Xccesc Section /2 Township V Range G S Subdivision Block Lot Weld County Road# Sr (o Side of Road W Distance from nearest intersection 2 Lo yo t 3. Is there an existing access to the property? Yes No x #of Accesses Set below 4. Proposed Use: ( Permanent (✓Residential/Agricultural ( Industrial ( Temporary ( Subdivision ( Commercial (Other bras *******************NNNN****HM**MH*********************************************NN***********************MMM******** 5. Site Sketch Legend for Access Description: = AG = Agricultural RES = Residential et 0&G = Oil&Gas D.R. = Ditch Road /�oP�sed ? NO 1/4 N£'4 ❑ = House Coe "3 ' o = Shed /�°P°5`�t A = Proposed Access N V I` ' 10 p + = Existing Access S co r' S SE h. ?op oseot '/y 3o Access/uE r eaS Ter, E LJCR t. C.; tenon.. Cr :e1.n 4)/Gos Cana( Access5 Proposed Access Loris A"* "8" i r7 N/: Sca%y OFFICE USE ONLY: Road ADT Date Accidents Date Road ADT Date Accidents Date Drainage Requirement Culvert Size Length Special Conditions Installation Authorized Information Insufficient Reviewed By: Title: P ( • CERTIFICATE OF CONVEYANCES WELD COUNTY STATE OF COLORADO DEPARTMENT OF PLANNING SERVICES The HERITAGE TITLE COMPANY hereby certifies that it has made a careful search of its records, and finds the following conveyances affecting the real estate described herein since August 30, 1972, and the most recent deed recorded prior to August 30, 1972. LEGAL DESCRIPTION: All of the North Half of the Southwest Quarter (N1/2SW1/4)1/4) lying east of The Gilmore Canal in Section 12, Township 4 North, Range 65 West of the 6`h P.M.; CONVEYANCES (if none appear, so state): Reception No. Book 1023 Page 452 2 Reception No. 2168357 Book 1222 Reception No. 2387206 Book 1440 Reception No. 2663390 Book The certificate is made for the use and benefit of the Department of Planning Services of Weld County Colorado. This Certificate is not to be construed as an Abstract of Title nor an opinion of Title, nor a guarantee o. Title and the liability of HERITAGE TITLE COMPANY, is hereby limited to the fee paid for this Certificate. In Witness Whereof, HERITAGE TITLE COMPANY, has caused this certificate to be signed by its proper officer this 11th day of February, 2010, at Greeley, Colorado. Heritage Title ompany77 Order No. H0268354 By: By: Authorized Signature HTCSHeritage 5586 West 19th street.866340634 Greeley,CO 8 Title Company Phone: (970)3304522 Fax: (866)828-0844 UPDFILE NUMBER: 459-HQ?68354-820-GRO DATE: February 22.2010 PROPERTY ADDRESS: vacant land.„CO BORROWER: Bar Nine.LLC and H.Gordon Johnson PLEASE DELIVER TO THE CUSTOMER LISTED BELOW: • TO: Freese Engineering PHONE: (970)352-0100 Mark Taylor FAX: 217 E. 18th St. E-MAIL: PO Box 913 NO.OF COPIES: I Greeley,CO 80632 ROUTING METHOD: Pick Up ABOVE IS A LIST OF CLIENTS TO WHOM THE ATTACHED MATERIALS HAVE BEEN DELIVERED. SHOULD YOU HAVE ANY QUESTIONS REGARDING THESE MATERIALS,PLEASE CONTACT Heritage Title Company AT THE ABOVE PHONE NUMBER. WE SINCERELY THANK YOU FOR YOUR BUSINESS. ``''' gaaa A �M(l,� 22 ( .t -!L vd.al. ._ 1923BOOK PAGE 452 Receptionlld:! s _WALTER f MHRRIsOM[1a4 a'.11tlL6'rl' De re Printed Ivy Mutts'•riots:Plant _' THIS INDENTURE, mode this .e9.th day of ..-._.. . March ,in the year of our Lord.r •. I : (Sire Thousand.Nine Tlnndred-and..... ----lowly_-E}gh? between James_..T.....Alitheerge L___...__._ .. ..... . . .. , of the County of • Curry and State of Nev Mexico, of the first part, and ...._..__..._. Fred Arens Jr...- .. ....__....____...._., of the County of State of Cale redo. .. .. .. of the second part: WITNESSETH,That :he said part Y of the first part, for nod in consideration of the sum of e_nd o01kr valuable consideration - - - -..-. - r .DOLLA RS ' lawful money of the United States of America, to him in hand paid by the said part..y of the second part, the receipt whereof is hereby confessed and acknowledged,ha ...4 .granted,bar- gained,sold, remised. conveyed, released and confirmed and by these presents do _es.. grant, bar- gain.sell.remise.convey,release and confirm unto the said part ...Y .of the second part h1s heirs and assigns forever, all the following described lot_. . or parcel..._. of land end real estate, t. beingt,aft Zand State of olfrado sinmh•, lying and in the County of Ku wso to-rail: North Ewal' o:' the Southwest 4uarter (NyS'Wq) or Section Twelve in Township Four ;-I) North o; Range Sixty-Five (55) West of the 6th F.M.; .Iso all di:th, reservoir and rater rights and ell enlargements end r,ions a:' nitch, reservoir or water rights pertaining or in any r: aelone..:ng to said V.nd or used thereon, rind especially the certlfi- -'-te of interest no. 16 Issued by the Northern Bank and Trust Co of Ere"le':, Colorado, as trustee attaching to the ncave described lend, . .. rive of th capitol stock of the Bohlende' Lateral Company, :tores core or less and su oiect to strip of land sold and .. . ... Ic :hf D"aver Vs.11ey Irrigation ilstrlct. (Actual consideration less than $100.00) 1'nigcihrr will,all and singular the lands,tenements. here:litaments. and :rppa9enances thereunto be- t•inging nr hi nuywise upperlainhrg, and the reversion and reversions, remainder and remainders. rears, issues and profits thereof, and all the estate, right, title, interest, claim and demand what- nu r or of said part Y. .of the first part,either inlay or in equity of, it mid to the above bargained premises with the hereditamenlx and appurtenances: l(1 HAVE AND TO HOLD. the said premises above bargained and described, with the appur. ':nonres unto the said part Y of the second part. hi a heirs and assigns forever. And the „id pail , of the first part for hias a IC,his _ .heirs•executors and ;Ihr miser:tars. do `e toeenant and agree to und with the said part. Y. _ __. of the second part. heirs aril assigns thal at the time of the enseul ing and delivery of these presents he is wcoil seized of the premises above conveyed, as of good, save, perfect and indefeasible •stub of inheritance. in lse, in fee simple, and ha s .... a good right, full power and lawful authority to grant. hargain. sell and convey the same in manner and form aforesaid; and that the -tree are free and clear from all former and other grants, prioidi,y,tsaleds, liens, taxes, assessments roes mirc:,ntes. of what kind and nurture snever except: t bl Cit33 mart hags and oII accrued � . .e..s -tracer-tracer.. +:n': _ es with -tracer rent now assessed against the property, anti- . the D':nv"r ere. ley Volley District bones eunlect to th- .. -r ...-._:on. und the above bargained premises in the quiet and peaceable possession of the part i'. of the see:nd part his heirs and assigns against all arid even' person or persons lawfully claiming or daim the whole or any part thereof, the said part y of the first part .shall and will a.,.:ant and forever defend. IN WITNESS WHEREOF, the said part N of the first part ha a hereunto set his In:,, .1 and seal , the clay and year first above written. cc-via .G.4.g,(ll... (SEAL) ... - (SEAL) _. _.. ....._ _. (arSAL) .__...... (SEAL) • • . TA1'I< IIP .F:,, )I P:S!Cr 1. 1 f'1:)2:3 F a4-5 I. f'lll'S'I'5' UI' 1'f�H R5. I tin this 1 -1 rIzi •d 8', rch .\. U. I?:; i, . in;. ,• tm i rr.<nn:ilk 'rilearrd Jr:- i!1::h CE;ri--,11t- br my knuv.ii to Iry the pro-son described is and ,c ht. ezrrulrti Hit. Iialirtlmy :n=rrCna nt• and m Lmncb:dhr:! Ihid h. rcrruit'd Ihr ;anr• ::: h1:- II-r- :.r. did door- . IS \CI7SF:ss \CIIIfin.Ai '. I Inn. 11•trnti n ,:• an tn,Jutd :,.:d ffi b.. ..�t .di:,i:.! •.:�! 'I. I n • d year in thin r,a till,at, fire, :dime terrors. ( ` (}/ JI': „imini=.h.u ,'.pier: i.r;q:rv.:. , / \„ .1,...l. VC . _ \X C7 ! F - s ° 9k � ` it A°i � j r z a; o a c < o - • - I ' II - I ro NI 74 CC C7 CD M U-) CD I Q H 0 • Ae22168357 B 1222 REC 02168357 01/19/89 11:23 $3.00 1/001 F 0370 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO QUIT CLAIM DEED THIS QUIT CLAIM DEED, Made this day of • , 1988, by FRED ARENS, JR. of the County of Weld, State of Colorado, party of the f�first part and the ANNA M. ARENS LIVING TRUST, dated , I,:C. . �l , 19 , as amended from time to time, of the ounty of Wed, State of Colorado, whose post office address is 22099 Weld County Road 47, LaSalle, Colorado 80645, party of the second part, WITNESSETH, That the said party of the first part, for and in consideration of the sum of Ten Dollars and other good and valuable considerations, to him in hand paid by the said party of the second part, the receipt whereof is hereby acknowledged, has remised, released, sold and forever quitclaims unto the said party of the second part, its successors and assigns forever, all right, title, interest, claim, demand and estate that he has in the following described land, together with improvements, if any, situate, lying and being in the County of Weld, State of Colorado: North Half of the Southwest Quarter (N 1/2 SW 1/4) of Section Twelve in Township Four (4) North of Range Sixty-Five (65) West of the 6th P.M.; also all ditch, reservoir and water rights and all enlargements and extensions of ditch, reservoir or water rights pertaining or in any way belonging to said land or used thereon, and especially the certificate of interest no. 16 issued by the Northern Bank and Trust Co of Greeley, Colorado, _ as trustee attaching to the above described land, and five shares of the capital stock of the Bohlender Lateral Company, containing 80 acres more or less and subject to strip of land sold and deeded to the Denver Valley Irrigation District. subject to and excepting all mineral, oil and gas reservations and leases, easements, encumbrances and all other matters of record. THIS IS A CONVENIENCE DEED ONLY TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever, of the party of the first part, either in law or equity, to the only proper use, benefit and behoof of the party of the second part, its successors and assigns forever. IN WITNESS WHEREOF, The said party of the first part has hereunto set his hand and seal the day and year first above written. Signed, sealed and delivered in the presence of: //O ) R S iy ) RED ARENS, J STATE OF C. LO/C!-}s7 CD ) ss. COUNTY OF (....ea-L3 ) I HEREBY CERTIFY That Fred Arens, Jr. personally appeared before me this day and acknowledged the due execution of the foregoing instrument. �' //�� nWITNESS My hand and official seal this day of,t./OP_P,n' /, 198X. l My Commission Expires: Lf f /n7/ / S 9 a it O 4 4 i n, .\ Hotar i ubiic 3i 4!\h' . V % .$ '. This Instrument prepared by: Address: 4155 E. J2WF t xv, v DENVER, CO 8G 4212 ., ` ARNOLD P. GUTTENBERG, P.C. ra•,�i,.5a y� . A. ,r 4155 East Jewell Avenue, #500 Y R1 . ,• Denver, Colorado 80222 AR23872D6 - B 1440 AEC 02387206 05/06/94 15:01 $5.00 1/001 - F 1334 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO WARRANTY DEED Grantor(s), Fred W. Arens Jr. and Anna M. Arens, Trustees of The Anna M. Arens Living Trust dated December 21, 1988, whose address is 22095 WCR 47, LaSalle, CO 80645 STATE DOCUMENTARY FEE 'County of Weld ,State of Colorado Date J—�/o '/� ,for the consideration of • LT.55 Forty—Five Thousand Five Hundred and No/100 dollars,in hand paid,hereby sell(s) and convey(sj to H. Gordon Johnson ir) whose legal address is 2333 WCR 46, LaSalle, CO 8O645 County of Weld ",and State of Colorado the following real property in the County of Weld ,and State of Colorado,to wit: That Part of the North 1/2 of the Southwest 1/4 of Section 12, Township 4 North, Range 65 West of the 6th P.M. lying east of The Gilmore Canal Reserving however, unto grantor all oil, gas, and other minerals in an under the above described property. also known by street and number as with all its appurtenances,and warrant6s)the title to the same,subject to reservations, easements, rights—of—way and oil and gas leases of record and the 1994 taxes payable in 1995. Signed this 5th day of May ,19$120/1" 94 /2 l�/ red W. Arens Jrr./.,,��a d (741A a -m, Anna M. Arens as Trustees of The Anna M. Arens Living Trust dated December 21, 1988 STATE OF COLORADO, ss. County of Weld The foregoing instrument was acknowledged before me this 5th day of May ,1994 , by Fred W. - . . r. and Anna N. Arens as Trustess of The Anna M. Arens Living . Trust ,,'+'cem 21, 1988 My co.,r't, exp a G1'} . Witness my hand and official seal. ,I7 ® J i Notary •IfiO, "Ci, d' p • • 8 {Vi r. . • NwceW Add. '�•Vy-� OpYN Legg Demotion a]63FIM.S,GRS) No.897.Re..6-92. WAAEMT'DEED(Short Form) lyl) Bradford Publishing 1743 wamst,Draw,CO 80302—(3031292.3500—8-92 11111111111111111111 III 11111 III!ill • 266339 /29/1998 01:10P Mold County CO '0 1 of 1 R 6.00 D 0.00 JR Suit' Taukamoto WARRANTY DEED Grantor,H.Gordon Johnson,whose address is 22455 Weld County Road 49,La Salle,County of Weld,State of Colorado,for the consideration of other valid consideration and Ten Dollars,in hand paid,hereby sells and conveys - to Bar Nine,LLC,a Colorado Limited Liability Company.with an address of 22455 Weld County Road 49,La Salle,. County of Weld,and State of Colorado 80645,the following real property in the County of Weld,and State of Colorado, to wit: �ptYtl All of the North Half of the Southwest Quarter(N'/,SW'/.)lying east of The Gilmore Canal;the South J Half of the Southwest Quarter(S' SW'/e); and the Southeast Quarter(SE'/.),all in Section 12, r" Township 4 North,Range 65 West of the 6'"P.M.; EXCEPT Lot A of Recorded Exemption No.1055-12-3-RE1133 and Lot A of Recorded Exemption No. 1055-12-4-RE660; Together with 15.03 shares ofthc capital stock of The Fanners Reservoir and Irrigation Company and 18 shares of the capital stock of The Bohlender Lateral Company; with all its appurtenances,and warrants the title to the same,subject to 1998 real property taxes and exceptions and reservations of record Signed this er day December,1998. H.Gordon Johnson STATE OF COLORADO) )ss COUNTY OF WELD ) The foregoing instrument was acknowledged before me this ,ja nul day of December, 1998, by H.Gordon Johnson. Witness my hand and official seal. Notary Public My Commission Expires: c1.I L MICHELLE M.VEGTER NOTARY PUBLIC STATE OF COLORADO ,y CwnnisstorrExpam Sortambee te,2000 None and Address of Person Crewing Newly Created Legal Description(138-35-106.5.C.R.S.) AIM 1111 11111111011111111111111111111111111 • 3223466 09/30/2004 11:07A Weld County, CO 1 of 2 R 11.00 (20.00 Steve Moreno Clerk& Recorder / rte; 6 6 RSTATEMENT OF AUTHORITY r' _6,6 _ (Section 38-30-172, C. S.) I /'gym (-0�[ / 112-11, / ) I® 1. This Statement of Authority relates to an entity' named Bar Nine, LLC. 2. The type of entity is a Limited Liability Company. 3. The entity is formed under the laws of Colorado. 4. The mailing address for the entity is 23333 WCR 46,J aSalle, CO 80645. 5. The name of and position of each person authorized to execute instruments conveying, encumbering, or otherwise affecting title to real property on behalf of the entity is H. Gordon Johnson,Manager/Member and Wanda J. Johnson,Manager/Member. 6. The authority of the foregoing person to bind the entity is not limited as follows2 7. Other matters concerning the manner in which the entity deals with interests in real property: 8. This Statement of Authority is executed on behalf of the entity pursuant to the provisions of 438-30-172, C.R.S 3 9. This Statement of Authority amends and supersedes in all respects any prior Statement of Authority executed on behalf of the entity.4 This form should not be used unless the entity is capable of holding title to real property. 2 The absence of any limitation shall be prima facie evidence that no such limitation exists. ' The statement of authority must be recorded to obtain the benefits of the statute. 4 Strike if not applicable. STEWART TITLE dtV • STATEMENT OF A UTHORI7 . (Section 38-30-172, C.R.S.) Continued Executed this 27th day of September,2004 RIO 11111 11111 1111111111 illl 11(111 III 3223466 09/30/2004 11:07A Weld County, CO 2 of 2 R 11.00 D 0.00 Steve Moreno Clerk& Recorder By: Printed Name: H. Gordon Johns Title: Manager/Member By: liftAA-641. Pie Printed Name: Wanda Johnson Title: Manager/Member STATE OF COLORDO ) ) ss. COUNTY OF WELD ) The foregoing instrument was acknowledged before me this 27th day of September,2004, by Bar Nine, LLC, By: H. Gordon Johnson, its Manager/Member, and by Wanda J. Johnson,its Manager/Member. WITNESS my hand and official seal. My commission expires: 03/30/2008 =GpCaBUlq�y h� ..)427:( Notary Public f/ ' �" (; Return to Farm Credit Services of the Mountain Plains P.O. Box 336851, Greeley, CO 80633 2 321 111111111111A 1111111111111111111111111111111 • 3708321 07/29/2010 03:25P Weld County, CO 1 of 1 R 11.00 D 0.00 Steve Moreno Clerk & Recorder NON-EXCLUSIVE EASEMENT AND RIGHT OF WAY This Non-Exclusive Easement and Right of Way by Bar Nine, LLC and H. Gordon Johnson("Grantors")made and entered into this_day of July,2010. Grantors hereby grant, dedicate and convey for the benefit of the owners of Lots A and B of Recorded Exemption No. 1055-12-3 RE-4983 a non-exclusive easement and right of way for road access and utility installation and use over and across the following described property, to wit: A 30 feet easement and right of way, being 15 feet on each side of a centerline, which center line is described as follows: Commencing at a point 15 feet west of the South Quarter Corner of Section 12,Township 4 North, Range 65 West of the 6th P.M., Weld County, Colorado and continuing North and parallel to the Fast line of the Southwest Quarter of said Section 12 to Lot A of Recorded Exemption No. 1055-12-3 RE-4983. Grantors reserve the non-exclusive right of use of such easement and right of way for road across and utility installation and use. Dated the year and date first above written. H. Gordon Johnson Bar Nine, LLC 44- %iv 41A Manager State of Colorado ) )ss. County of Weld ) Subscribed, sworn to and acknowledged before me this 21% day of -7v( , 2010 by H. Gordon Johnson and H. Gordon Johnson, as Manager of Bar Nine, LLC. Witness my hand and official seal. r�G' . . ..,• ' ,i tart'Public r t4OTAR y: S i My Commission Expires: i M1'Comm.Expire. Oct. 17,2012 Hello