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Home My WebLink About20103105.tiff —[ 1 NOIIVIOO66Y 3NOHd3131 BNpfMM ow'ON NOI14Y3%3 NO IAIQ9 �'_ 2,2 22±, 44 # 'ONI 'ONIA3A8df1S ONV1 111Wd31Nl ° § al3 # a li Y C o i IF n e a {Y II ii 'Y q pet ii a 9¢ a 9_i ii- iiii ii i0 az sft z T f ' tg. c � t € ¢ee ._iY :I� x'sse° e Y Er'i emN� _ xiE F s s9 ° x kt zzII iE : # ai sP € ^i ei Rga z sezE / w 3 Yfc R x e „ ie i s z ss i : ap i a P kr XR n, i s �^_a . w 4 � pi lY et R I S 1R c -€ e ?WWI 8.1. £t eY i te2� t1 p eg - ; s . (12 ; R e t - E ' a R: tae dz t x e z@ 4 . e a -_ o 1 ▪ t tei .1 5 i t to ➢ SE e z ' c°ii a s.. d 9 c a �z e_ p Ptt 8 H. 4 Y I 6 I tl _- 9 2.2_2t1ht t- 6 d e f ii S E54; 8t - atritg; - iE.1- g_, sar p;' n g. I I €. i ;e a °c._ :wsna ; pt athA 4 !ghl III P! E Aa t t I. i L` re€ g t _ 3 /, Y z S.-.. S z¢ d es' g `I:, I ;k S- e z ee __a 12 ex06 g Pe i ii,` y s-P d I T a; ; a III x a ..e € III t, e E _xia Ur i£ :e z t C., a 3 —t a �t-.4 z kl epan - z : t 4.. 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W Oa b 31 ",,. oif .; C spa Z H-. a 8F. '`~° Ia. i,bt € Fe a Rost O =w I t S ,tE 9 ' - . a CD ONL" f F,. ? e m :Pewt tdP; t . : w ��"6 3 n DM 68 tlJM F Ptt m zm I .�.aw. .__ . — a 'i 4 _. __ a M aiit �CD 2E1 I 0 r E$5 F'_i 22 a s �'..i :s tf. �'=— 2 -2 I--- S 'c i€: .. so m 6 ' Ae �? .414 et �_ 3 r. g,', I ��* 8 EF F s 8 Yw 8 r - 3: 68, If r i € 2 I M S Eic€ Fr' [ S .o. ttt sh Eb Eo pw s Et g" 2010-3105 Ste"//7? • • • _ WIDEPARTMENTC SERVICES SUBDIVISION EXEMPTIONMPTION COLORADO ADMINISTRATIVE REVIEW Applicant: DF Ranch LLC Case Number: SE-1178 Request: Subdivision Exemption for a Public Utility Facility Legal Description: Part SE4 of Section 29 T12N R61W of the 6th PM, Weld County, Colorado Parcel Number: 0039 29 000006 Parcel size: +/- .018 acres Planner: C. Gathman Criteria Checklist Meets Criteria Yes No NA X 1. The proposal is consistent with the policies of Chapter 22 of the Weld County Code. X 2. The boundary change or temporary use location which would be allowed on the subject property by granting the request will be compatible with the surrounding land uses. X 3. In those instances when used pursuant to 24-8-30.A.1 of the Weld County Code, the request is the best alternative to dispose of existing improvements in conjunction with the companion Recorded Exemption. X 4. A lot being created for the purpose of financing will not result in the creation of a lot to be sold, shall be at least one acre in size, and will no longer exist upon termination of the financing arrangements. Approved With Conditions The Subdivision Exemption is approved in accordance with information submitted in the application and the policies of Weld County. The Department of Planning Services has determined through its review that the standards of Section 24- 8-40 of the Weld County Code have been met. 1. Prior to recording the plat: A. The plat shall be titled: Subdivision Exemption No. 1178 B. The applicant shall address the requirements of the Department of Public Works as stated in their referral dated July 14, 2010. The applicant shall obtain a right-of-way for the proposed access. Please contact the Department of Public Works Traffic Engineer—Janet Carter (304-6496 Ext. 3726). C. 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. D. County Road 89 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. There is presently 60 feet of right-of-way. A total of 30 feet from the centerline of County Road 89 shall be delineated right-of-way on the plat. This road is maintained by Weld County. E. 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. F. The following notes shall be placed on the plat: 1) This Subdivision Exemption is for the temporary use of a parcel for a public utility facility. 2) 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. 3) Any future structures or uses on site must obtain the appropriate zoning and building permits. 4) Subdivision Exemption Lots created for a Public Utility Facility shall revert back to the original parcel when the use ceases to exist. 5) 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. 6) 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. 7) Prior to the release of building permit(s), the applicant shall submit evidence of approval from the Pawnee Fire Protection District to the Weld County Building Department. 8) Effective January 1, 2003, Building Permits issued on the proposed lots will be required to adhere to the fee structure of the Weld County Road Impact Program. (Ordinance 2002-11) 9) 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) 10) WELD COUNTY'S RIGHT TO FARM: Weld County is one of the most productive agricultural counties in the United States, ranking fifth 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 longstanding 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 area: 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; and the use of pesticides and fertilizers in the fields, including the use of aerial spraying. Ditches and reservoirs cannot simply be moved out of the way of residential development without threatening the efficient delivery of irrigation to fields which is essential to farm production. 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. Weld County covers a land area of over 4,000 square miles in size (twice the State of Delaware)with more than 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. Snow removal for roads within subdivisions are of the lowest priority for public works or may be the private responsibility of the homeowners. 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. Children 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 present real threats to children. Controlling children's activities is important, not only for their safety, but also for the protection of the farmer's livelihood. Parents are responsible for their children. 2. 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. 3. The Department of Planning Services respectfully requests the surveyor provide a digital copy of this Subdivision 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(cilco.weld.co.us. 4. The Weld County Department of Planning Staffs approval of this Subdivision Exemption is based upon satisfying the above conditions. 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 Board of County Commissioners with a recommendation for denial. By Date: August 6, 2010 Chris Gathman ❖ Planner III DEPARTMENT OF PLANNING SERVICES 1555 N. 17th AVENUE GREELEY, COLORADO 80631 I WEBSITE: www.co.weld.co.us hman@co.weld.co.us C. t PHONE I(9 O) 353-6100, EXT. 3540 FAX (970) 304-6498 COLORADO August 6, 2010 Wiggins Telephone—Terry Hendrickson P.O. Box 690 Wiggins, CO 80654 Subject: Subdivision Exemption (SE-1178) Dear Mr. Hendrickson: The Department of Planning Services' has reviewed your application and related materials for compliancy with the Weld County Code. We find that your proposed Subdivision Exemption meets the intent of the Code and it has been conditionally approved by staff. We have enclosed our comments for your case. If applicable, please address all issues identified in the staff comments. Prior to submitting the Mylar, please submit two (2) paper copies of your plat for review by the Department of Planning Services' staff. Upon approval of the paper copies please submit a Mylar plat along with all other documentation required as conditions of approval. The Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder by Department of Planning Services' Staff. The plat shall be prepared in accordance with the requirements of Section 24-8-150.1 of the Weld County Code. The Mylar plat and additional requirements shall be submitted within sixty (60) days after the date the Administrative Review was signed or after the date of the Board of County Commissioners resolution. There is an eleven (11) dollar recording fee per Mylar sheet that you will be responsible for paying to record the plat. 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 shall added for each additional 3 month period. If you need any further information, please feel free to contact me at the above address, telephone number or e-mail address. Sincerely, • • Chris Gathman Planner III 3E- IC7 Plat Checklist POC Planner Item Comments Check Check Proper size and material 24" x 36" or 18" x 24" /Minimum 3 millimeter polyester sheet Lettering No stick-on lettering / Minimum 8 pt. lettering !/ Boundaries of Lots L.-------- Scale Suitable Scale? (1"-200'or 1"=100') L/-"---/ Accesses indicated Shared Access? If so, is easement Certificate included? Roads labeled, including C/ R.O.W Building Envelope(s) -) (Pc �� 7 5* Vicinity Map Suitable Scale? (Minimum 1"=2000' mot North Arrow ✓ ?c.,--, Legal Description Notes from Planner/ Lipc(4c_ 21c9A—� v 1;: '- I`1 oic Development Standards /t •\--Y Conditions of Approval 3 AC Cc-55 L`-)'"'-•' Y(.0— 3n`a- 1z, // K -� o (/Y�f r U`— �`.ccs C�g �_.2 Owners Certificate Notarial Certificate included?All owners must sign the plat, rT/ 441 check the deed. W l Gar Surveyors 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, SPR, Final PUD if Staff P/ Certificate Approved) Planning Commission (USR, COZ. Minor Sub. Final) 2 Certificate Board Certificate (USR, COZ„Minor Sub Final) Il (Final PUD,RE, SE&ZPMH if Board approved) R Typical Road Cross Section (COZ,Final Minor Sub. and Final PUD) N / ft Easements 13 /pc ` Please return the plat to the CAD Technician within 24 hours of receiving the plat. 7c�"t, ' Pc„..,,u..� S t coy ) Io - E�. ` • Planner on Call: (Initials) 1 Planner Signature: Date: /O12,010 ' WELD COUNTY,COLORADO ( DEPARTMENT OF PLANNING SERVICE 91810TH STREET GREELEY,CO 80631 PHONE:970-3534100,EXT.3540/FAX:970-304-6498 Dater-�j% I ( I 20 ,) Re eipt No. 1 J ::b _ Received From: f, ! 1i l 1( c '�Permit Type No. Description Fee 4221-RE/SE / 2 // / C i i' l_ 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 I 4430-COPIES 4730-INVESTIGATION FEE 6560-RECORDING FEE MISC. ❑CASH �CI-1ECIc .�.J �I. i TOTAL FEE t 1 - ( _ Receipted Bye —C I_ ' ( ' DL# Exp. • • DEPARTMENT OF PLANNING SERVICES a 1555 N 17` AVE GREELEY, CO80631 PHONE: (970)353 (970) Ext. 3540 FAX: 1(970)304-6498 COLORADO June 14, 2010 Wiggins Telephone Association do Terry Hendrickson PO Box 690 Wiggins CO 80654 Subject: SE-1178 -A Subdivision Exemption located on a parcel of land described as Section 29, T12N, R61W (SE parcel to be located in SE4 of Section 29, T12N, R61W) of the 6th P.M., Weld County, Colorado. Dear Applicants: Your subdivision 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 subdivision 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 subdivision exemption. If you have any questions concerning this matter, please call me. Sincerely, Digitally signed by Kristine Ranslem , h �' Reason:l am the author of this document /("L, yam'. /y„�a,.` Location:1555 N 17th Ave ll OJ/ Date:2010.06.1413:09:18-0600' Chris Gathman Planner ‘eratic., Wi`De APPLICATION FLOW SHEET COLORADO APPLICANT: DF Ranch LLC CASE #: SE-1178 REQUEST: Subdivision Exemption for a Public Utility LEGAL: Section 29-12-61 (SE parcel to be located in SE4 29-12-61) LOCATION: 1 mile east of CR 87 and north of and adjacent to CR 136. PARCEL ID #: 0039 29 000006 ACRES: +/- 640 (SE Parcel .018 acres) Date By Application Received 5/20/10 Application Completed 6/8/10 Referrals listed 6/14/10 CG Vicinity map prepared File assembled b1/s1/ti Case logged in computer Letter to applicant mailed Referrals mailed Field check by DPS staff ((11 Administrative Review decision: lecC., ' 1&' RD Board of County Commissioners hearing (if applicable) Date By County Commissioners Hearing Date Surrounding property owners notified Presentation prepared CC action: CC resolution received Plat recorded and filed /1, I v ait� einB G f/ Overlay Districts {{{{ Zoning Agricultural MUD Yes No_X_ IGA Yes No_X_ Airport Yes No_X_ Geologic Yes No_X_ Flood Hazard Yes No_X Panel#080266 • SUBDIVISION EXEMPTION (SE) APPLICATION FOR PLANNING DEPARTMENT USE DATE RECEIVED: RECEIPT/AMOUNT# IS CASE#ASSIGNED: APPLICATION RECEIVED BY PLANNER ASSIGNED: TYPE OF EXEMPTION REQUESTED(check one) F Property line adjustment F Used with Recorded Exemption F Financing Purposes IX Public Utility Facility Parcel Number 0 0 3 9 2 9 0 0 0 0 0 6 (12 digit number-found on Tax I.D.information,obtainable at the Weld County Assessor's Office,or www.coweld.co.us). Legal Description SE 1/4 of SE 1/4 ,Section 29 ,Township 12 North,Range61 West Has the property been divided from or had divided from it any other property since August 30, 1972? Yes_NoX Is this parcel of land,under consideration,the total contiguous land owned by the applicant? Yes_NoX FEE OWNER(S)OF THE PROPERTY: Name:Wiggins Telephone Association Work Phone#(970)483-7343 Home Phone# Email Addressterry@wigginstel.com Address:P.O.Box 690 City/State/Zip Code Wiggins,CO 80654 APPLICANT OR AUTHORIZED AGENT (See Below: Authorization must accompany applications signed by Authorized Agent) Name: Terry Hendrickson Work Phone#(970)483-7343 Home Phone# Email Address terry@wiggmstel.com Address:P.O.Box 690 City/State/Zip Code Wiggins,CO 80654 I (We) hereby depose and state under penalties of perjury that all statements, proposals, and/or plans submitted with or contained within the application are true and correct to the best of my (our)knowledge. Signatures of all fee owners of property must sign this application. If an Authorized Agent signs, a letter of authorization from all fee owners must be included with the application. If a corporation is the fee owner,notarized evidence must be included showing the signatory has to legal authority to sign for the corporation. I (we), the undersigned hereby request the Department of Planning Services to review this Subdivision Exemption on the above described unincorporated area of W eld County. u ��S /? /U Signatu Au thorized or Authth orized Agent Date Signature:Owner or Authorized Agent Date -4- The telecommunication shelter(or Hut as we refer to them) is needed for the Fiber to the Home project Wiggins Telephone Association is currently undertaking. This hut will house electronics that will regenerate the lightwave signal to allow further reach of the lightwave signal. In future years the shelter will have fiber distribution equipment that will allow us to split the signal of one fiber to serve up to 32 homes as we complete the Fiber to the Home. The rural areas we serve will see the benefit of improved telephone service over the existing 30+year old copper facilities currently in place as well as the benefits of having access to a truly broadband internet service for business and education purposes. GR-1 C Building On Leased Ground LEASE AGREEMENT Grover Exchng A Rt. 1C 1,2,3,4(1) THIS LEASE AGREEMENT is made and entered into as of the 1 71"h day of✓V q r c_h ,2010 ,by and between DF Ranch LLC hereinafter referred to as"Lessor", and WIGGINS TELEPHONE ASSOCIATION,414 S. Main,Wiggins, Colorado 80654,a Colorado Corporation,hereinafter referred to as"Lessee". This building is on leased ground. 1. Description of Property Lessor hereby grants and conveys permission to Lessee to construct,operate and install building and/or equipment as required and necessary to support Lessee's telecommunications system on the following tract of land A parcel not to exceed 20 feet by 40 feet located approximately 321 feet north and 36 feet west of the southeast corner of Section 29,Township 12 North, Range 61 West of the 6th P.M., Weld County, Colorado. 2. Term The term of this Lease Agreement shall be twenty-five(25)years from February 1,2010. 3. Lease Payments The yearly lease payment shall be One Hundred Dollars($100.00),with all twenty-five payments, a total of$2,500.00, due in advance on or before the date this lease becomes effective, as set forth in Article 2. 4. Installation and Maintenance of Lessee's Building,Structures and Equipment Lessor agrees and hereby grants Lessee free access to the described land for the purpose of constructing,inspecting and maintaining the facilities as set forth in Article 1. If not renegotiated at end of 25 year term, all facilities will be removed and land restored completely to original state. It is agreed that only employees,engineers and contractors of Lessee, including their subcontractors,or persons under their direct supervision, will be permitted to enter the property. It is further agreed that Lessee's construction and installation will comply with all applicable rules and regulations of the Federal Communications Commission,Public Utilities Commission of Colorado,and all applicable Electrical Codes. 5. Road and Utility Easement If the construction site is not immediately accessible to a public road,Lessor agrees to allow access as necessary to the Lessee, from the nearest accessible point to the site for the purpose of constructing and maintaining required public utility facilities, including electrical and telephone equipment. 6. Site Maintenance Lessee shall construct and maintain a fence around the building. 7. Lessee's Equipment Lessor acknowledges and agrees that all personal property, equipment,apparatus,fittings, fixtures and trade fixtures installed or stored on Lessee's premises constitute personal and exclusive property of Lessee or one of Lessee's affiliates, including without limitation,all telecommunications equipment,towers,switches,cables, wiring and associated equipment or personal property(collectively,the"Equipment"). The equipment shall remain at all times the personal property of the lessee or one of Lessee's affiliates, and neither the Lessor nor any person claiming by,though or under Lessor shall have any right title or interest(including without limitation a security interest)in the equipment. Lessee,and Lessee's successors in interest, shall have the right to remove the equipment at any time during the term of this Lease, including without limitation upon the expiration of the term of this Lease or its earlier termination. With respect to the holder of any mortgages,deed of trust or other lien affecting lessor's interest in the premises,whether existing as of the date hereof or arising hereafter,Lessor and Lessee hereby agree,acknowledge and declare that the equipment is now and shall at all times hereafter remain the personal and exclusive property of lessee or one of lessee's affiliates. The parties further acknowledge and agree that Lessor shall have no right or authority to grant a lien or security interest in or to any of the equipment. 8. Leasehold Mortgages and Security Agreements (a) Lessor hereby agrees that Lessee may execute and deliver to one or more of Lessee's Lenders("Lender"),and perfect one or more leasehold mortgages and security agreements ("Mortgage")creating a lien on the leasehold estate created by this Lease and on any and all property now or hereafter in or on such leasehold estate. The Mortgage on such leasehold estate and property shall be senior to any lien of Lessor thereon. . ..... . . . . .. . .. . .. . . (b) Lessor further agrees(i)that if an address of Lender is provided to Lessor, lessor shall provide to Lender written notice of any default in payment of lease payments required to be made by Lessee under this lease,(ii)that Lender shall have the right,but not the obligation,to cure any such default at any time within sixty days after Lender's receipt of such notice,and (iii)that Lessor shall not seek to cancel this Lease if such default is so cured. (c) Lessor further agrees that if Lender shall foreclose or otherwise realize upon any Mortgage,Lender may elect in writing to succeed to,and to have all of the benefits of, all of Lessee's right, title and interest in and to said leasehold estate,but Lender shall not be responsible for lease payment or indemnity obligations of lessee prior to lender's written election,provided, however,that there shall be no monthly proration of yearly lease payments. If Lender assigns and transfers such leasehold estate,notwithstanding other provisions,Lender shall have no obligation under this lease arising,accruing,or attributable to the period subsequent to such assignment and transfer by Lender, and Lessor shall not require otherwise for any consent to such an assignment or transfer. • • (ill Lessor agrees to execute and deliver to lender from time to rime,as requested,lessor's written consent regarding the foregoing 9. Sublease Lessee shall not assign this lease or sublet the prermsa or any part tacttoS except to an affiliate of Lessee,without fist obtaining the written consent oft the Laver.Notwithstanding the above prohibition Or limitation of lessee's right to sublease or assign its interest under this Lease,Lessor acknowledges and agrees that Lessee shall have the right to gram a security interest in Its right and merest under this lease.Lessor further agrees that any person foreclosing or otherwise realizing upon such a secvstyinterest granted by Lessee chill succeed to,and shall have the bers5ts oC all Lessee's right;,title and interest under this Lease. 10. Tara and Insurance Lessee shall be responsible for and shall pay all personal property taxes on the leased premises. Lessee shall at all times during the term of this Lease maintain at its own expanse worker's compensation and employers'liability insurance in accordance with appropriate laws on all employees used in the performance of this leas;and • shall maintameonprehtnsive geuesatpoblie liability and property damage assure covering operations,products,completed operation,coffiactul and irdependeot contractors'liability in mini:atn bodily Irdmy am ins of 51,000,000 pet oeterence and aggiegase. 11.1 Lessor's Indemnity Lessor hereby agrees to indemnify and boldLesseelumilets from any damages,claims or causes of action which may arise during the teem of this Lease as a=tilt of any action or negligence by the lessor,their agents, servants or employees,and m pay all reasonable rusts and expenses,including,but not limited to,attorney's fees and court costs 12. Lessee's Indemnity Lessee hereby agrees to indepmify and bold Lessor harmless fammy damages,claim or causes of action whiehmay arise during the tam of this lease as a ale of any tenon or negligence by the lessee,tbeirageots, servants or employees,and to pay all reasonable costs and expenses,including,but not limim d to,attantey's fees and court costs 13. Coneineenev This Lease Agreement is contingent upon Lessee receiving all necessary permits and liernsel, • including,but not limited to,FCC and any zoning requirements.Any Mbar provision herein contained notwithstanding,no lease payment shall be due until receipt by lesser of final approval. The date of receipt of such fmnl approval shall be the anniversary date of this Agreement and the date payment is due pursuant so Article 3. 14. Governing Law Any claim arising out of this Agreement shall be governed by the laws of die State of Colorado. 15.Binding Efferg This Agreement Ishhuti„g upon the parties hereto,they respective heirs,executors, administrators,successors end assigns. 16.Warranties orEine and Ouiet Possession Lessor covenants that lessor is shred of the demised premises inlet simple and has fuiitigbttomate and=et into this lease and thatlessee shall have quiet audpneeable possession of the .. d misedpremises during the manor tins lease agrement IN WIT'ESS WHEREOF,each patty has executed this Agreement on the dam eat forth below_ T.FSSOR LESSEE DF Rua LLC Pat Wiggins Telephone Association �r r / Wiggins, r•-Iv/'•CS' 4L4 S. CO 80654 • By: Do rigid E,F;Ke_ Due Mtkrcis l'7t &Dl fl Cdi/ n�i2X�� Terry 'fi*re ; Mel a o e r Tide: G era]Manners a£0/ tree grant eucgdeTey eoTEEpts CtLLEltOLST L0:97 ttol tT'lidY . . .. • . / LIMITED TITLE SEARCH County •/4/a/ ll Sec- 2 q Township /2 rt Range to t Legal Description of Property .A\\A—,et -iwnerw-—o- 9.,, ..t c.f. .1-1-r, ag Lc)NAj d P. R:ke. Address/phn 11 2515:—,Al,' ri k p.- 5E, rlQ.5\AL.E.q IL-. /A i iicil i, sZ'79-3.3-/S.SD c•-r G x/03/4.(35-7)1,1-9- a4;.O 51 Co,P-d tSrr • Tcn C.a.-1 .�,•4 d 414r: l'a r e- R ri r'rr-rn G,' — Ca ri n+ rj IV"' D Doc i...1. r-ue_ .bv64L a 1rancd_coP4 Address/phn# Conveyance p Q A Book&Page y Location ? €.."-.gSZ y.hC• Sat,ti-, CaaA CAJ�^!C� .S '7M. . �ht QltA f�� tt -- G'2� d 1 ►t`So' ' aid., �t b �-2 �,or,-. :. u 9r;,>�r pn�.r 3.2,E i �` G 'j /r i• �� k Off-Illy?'20' 1d ..t....-R--4A. .�- 4'��-�-pp Lo, i•r �• • "71,A., a.>r f]�lAtr1 r�O'f � Qlu1.�Dc , . %; 'CO' l•C':tl tr �T 'f• r r;/' •A . i I / i. 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O5386 Parcel 063929000006 Legal Descr ptl, Situs Address 5404 ALL 29 12 r (12R36RES) Account: 12(_5386 DF RANCI I I_LC 285 SOU la I I \RNHAM ST GALESI3URr'„ IL 61401 Year 2N.arges Billed Payments Balance 2009 Tax $106.07 $106.07 $0.00 Grand Total [tie as of 11/01/2010 $0.00 Tax Billed at 2009-:rues for Tax Area 1204- 1204 Authority Mill Levy Amount Values Actual Assessed WELD C ""TY 16.8040000* 536.30 AG-GRAZING LAND $7,454 $2,160 SCHOOL '. r1 '2 19.3080000 $41,70 Total $7,454 $2,160 PAWNE':" E 301307A 5551 AIMS JUNIOR C )LLEGE J0Lu0 613 u; HIGH PLAINS L'. 'RARY 3 ^`500^0 57.03 WEST GREELE ' CONSERVATION Taxes B'"c-' :" 49.1060000 `1 0. *Credit l ALL TAX LIi_'1 `,MOUNTS ARE SUBJECT TO CHANGE DUE TO I ': 2SEMENT OF CURRENT TAXES BY THE LIENHOLD,-': O ADVERTISING AND DISTiL IN i WARRANT FEES- CHANGE:: 1 :CUR AND THE I REASURER'S OFFICE WIt I. NEED TO BE CONTACTED PRIOR TO REMITTANCE AFTER THE FOLLOWIN TA T.. PERSONAL PROPERTY At1D MOBILE HOMES-AUGUST 1, REAL PROPERTY-AUGUST 1. 'meld r1^ — .o;..-,,rem• P.O. Box 458,Greeley CO C_:122• 1400 N 17th P.ee,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 Identify Results • • Page 1 of 1 WELD COUNTY ASSESSOR PROPERTY PROFILE Account#:R0025386 Parcel#:003929000006 gmagramaare Tax Area: 1204 Bordering County: Acres:628 Township Range Section Quart.Sec. Subdivison Name Block#Lot# 12-61 -29-0 - - Owners Name&Address: Proper Address: DF RANCH LLC Street: 285 SOUTH FARNHAM ST City: GALESBURG,IL 61401 Business/Complex: Sales Summary_ Sale Date Sale Price Reception# 7/29/2003 $2,858,000 WD 3090154 Legal Description 1 5404 ALL 29 12 61 (12R36RES) Land Valuation Summary Land Type Abst Code Unit of Number of Actual Value Assessed Measure Units Value Agricultural 4147 Acres 64.04 Agricultural 4147 Acres 563.96 Land Subtotal: 628 $7,454 $2,160 NO Buildings on Parcel http://maps2.rnerrick.com/Website/WeldlsetSgl.asp?cmd=QUERY&DET=PP&pin=003 929... 5/2/2010 REFERRAL LIST Name: DF Ranch LLC Case#: SE-1178 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 _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 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 _Milliken F-17 Division of Wildlife _New Raymer _South Hwy 66 (Loveland) _Northglenn _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 _Lorimer Federal Government Agencies Other US Army Corps of Engrs _ _ School District RE- _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 Commissioner _ Print Form IngWeld County Referral CJune 14, 2010 COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant DF Ranch LLC i Case Number SE-1178 Please Reply By July 14, 2010 Planner Chris Gathman Project Subdivision Exemption for a Public Utility Legal I Section 29, T12N, R61W (SE parcel; to be located in SE4 of Section 29, T12N, R61W)of the 6th P.M., Weld County, Colorado. Location 1 mile east of CR 87; north of and adjacent to CR 136. For a more precise location, see legal. Parcel Number 0039 29 000006 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. o We have reviewed the request and find that it does/does not comply with our Comprehensive Plan ®x We have reviewed the request and find no conflicts with our interests. © See attached letter. Comments: Upon review of my case files and computer,no violations were noted. SignatureLgcpieerll > � Date 06/15/2010 •:•Weld County Planning Dept. +1555 N 17'"Ave, Greeley,CO.80631 +(970)353-6100 ext.3540 :•(970)304-6498 fax JUPI 15 2010 ---r- . 'it 4.71P4( i i Weld County Referral IliaC. June 14, 2010 COLORADO The Weld County Department of Planning Services has received the following item for review: IDFApplicant Ranch LLC Case Number SE-1178 Please Reply By July 14, 2010 Planner Chris Gathman Project _ I Subdivision Exemption for a Public Utility Legal I Section 29, T12N, R61W(SE parcel; to be located in SE4 of Section 29, T12N, R61W) of the 6th P.M., Weld County, Colorado. Location 1 mile east of CR 87; north of and adjacent to CR 136. For a more precise location, see legal. Parcel Number i 0039 29 000006 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. ‘SCSee attached letter. Comments: Signature r Date q�- ' .. 'so Agency ct o US L4tbi'k1 .1.1/Veld County Planning Dept. 4.1555 N 17'"Ave, Greeley,CO. 80631 4.(970)353-6100 ext.3540 t(970)304-6498 fax Weld County Planning Department GREELEY OFFICE (it MEMORANDUM Pk ig ?nio RECEIVED TO: Chris n! ., Public Works Department,,4 Services July 4 ' � 2010 FROM: Heidi Hanse P.E COLORADO SUBJECT: SE-1178, DF Ranch LLC �P� The Weld County Public Works Department has reviewed this proposal. Staff comments made during this phase of the process may not be all-inclusive, as other concerns or issues may arise during the remaining application process. Issues of concern must be resolved with the Public Works Department. Our comments and requirements are as follows: COMMENTS: WCR 89 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: 1. The applicant shall obtain a Right-of-Way Permit for the proposed access. Please contact the Public Works Traffic Engineer, Janet Carter. 2. Pursuant to Chapter 15, Articles I and II of the Weld County Code, if noxious weeds exist on the property or become established as a result of the proposed development, the applicant/landowner shall be responsible for controlling the noxious weeds. All vegetation, other than grasses, needs to be maintained at a maximum height of 12 inches until the area is completely developed. FLOOD HAZARD DEVELOPMENT STANDARDS: This area IS NOT in a Special Flood Hazard Area (SFHA) as determined by the Federal Emergency Management Agency (FEMA). pc: SE-1178 Page I of! 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II sf Jr 3'1t ~d Pt� g ' n FY� •3.[E I fdt f}s�D s[ i 91 � s'55 d� .s'' € 1 t 1.112 I;il$ 'lilt €P#{' i pfg •� i —i3 'Iii4 t its f 1 ;i .TA li5�l ` Aril$- s;ij ..1 j 4i fl; II pl £-186 l fii 1 ill i1. �siiE� *$li j IA —o•M¢'�' I i "I'll '' 1)111 fib i el �'-';ill, 'III 3F-t{Eiije f'rIhIB { f{t Ef !`1i lI :E a17 Gn ci � illiiiS3 Nffart /i h i...!:„Il i d.11 Y_ - i III ¢¢ I g a !fill! "s 8 JIlli l 1111 I 6 ;IWO; 1111. € �, of ��, a Ih4l! i �� i 1 a rill 1 is [ �{ r . 'If 1 i ' !! 1 I 1 al s a;11 {lt l'i! r s i le I 1.1.!1 b' D 1} Q i' of '11,41 II . II I II blii f iii 1 1111;$;1 :lil- II r≤ II i gas9 i bia E l' a1 x I i I I 1 I I i "I IIJ ilkii Ili c5 if! 1 J)ini e II:I I I i I; : ! I ppI i R € 2 Fy ; R I z a. — jt II I O l! ti Ta faiE a Ti ajsa r a 1 hilt o -4'418'4i;; es Nat —ij — — — — L IIi f .i1 I 4 U L C --�--- ---im==Je.y�— _ oar_ 1`; 1 r --1,I r1O11W 3I I 1{j8i {S r - iiif 1.1# O I t �o o �I I ; f! i x i=§8 z I {j ill Ip I Ik O `'-' — D ' I . . „ iilliilfi4 gum. W 0 L6-# 68 2:10Mki Fx}<< i di FW Ewa � -=�--- -sa iw�r '--- - J E l Di �0 i A t (nice. °w-`4 i it 1a e' e R i i1 1, 5 e, u - r s ''tT Ili I ,--- I. ! i.1 ' 8 e- '$ 8& = 1'., #� 1st' 1.E r 64 ; 114 18 i z ,4 , y a .111 j [ 8 . 8 tr # , t f ';S! - 1 bi� 7iE U ff ss fIf �— 8 • e N l f 1,) 11! it ii,! 4 WELD COUNTY ROAD ACCESS INFORMATION SHEET Weld County Public Works Department Date 1111 H Street P.O.Box 758, Greeley,Gatorade 80632 Phone: (970)356-4000.Ext. 3750 Fat (970)304-6497 1 ApoiicartName Wiggins Telephone Assoc iationPhone 9711-483-7343 Address 414 main St . On Rnx 690 City Wiggins State rn ZtoR0654 2 Address n-'ayal,on of access SE 1 /4 of SE 1 /4 Section 29 Township 1 AN Range uw Suodivtsion Block Lot Weld County Road p R 9 Sioe of Road west Distance from nearest sntersectpn 21 ' 3 Is there en existing access to the property? Yes No x A of accesses 4. Use: Permanent O Residential/Agricultural O Industrial 0 Temporary ❑ SubdhMebn 0 Comrnen:IS O Other • 5. Stares* t.eprna for Assess Oeaerlpaen: I IL. AG • AgdWperel fl RES • Resider/se WCR O&G • 00&0r R.R. • Dftth Road 0 = House W W O • Shed c R tia Propped Access • *Exlithp Access Op N 1 1 WCR 136 .....................«.w.... _ I ••• ••• 0PPICI USE LY.ONLY. Road _ACT Dole Accidents Dab Reed D Oe Rsqukemsni ACT • irwt Deb �.___,_ Accidents Deb, Spat Condition m 0 tlntslletlon such tied U ledonnstlon iraufobnt Railweed 8r TO. http:Owww.cn weld.co.us/departments/pubfic_works/PertniinWACCESS INFO SHEET.doc Certificate of Conveyances Weld County Services Department of Planning State of Colorado ) County of Weld ) STEWART TITLE OF COLORADO hereby certifies it has made a careful search of its record, 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 29,township 12 North,Range 61 West of the 6th P.M. CONVEYANCES (if none appear, so state): t4eception No.: 1460990 Book: 539 ception No.: 3090154 Book: vReception No.: 3437746 Book: This Certificate is made for the use and benefit of the DepaiLuient 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 Title, and the liability of STEWART TITLE OF COLORADO is hereby limited to the fee paid for this certificate. In Witness Whereof, STEWART TITLE OF COLORADO has caused this certificate to be signed by its property officer this 27th day of April A.D., 2010, at 7:45 am. STEWART TITLE OF COLORADO C ` I , BY: _ __L 1—OO\�K 4ti Authdrized Signature n g h I� !1. t. 1 C ' ' � , ! moo, s s.s,+�,,,p .fibL;;"'r Tt /V 6'``vT'°Tgg "`I`��,g,qy,iFJ"oae �,vy U.yy��jj tt ut'r'Ni},�}' d r,•s FNw tie ices(t],{ Ldsh'k-.• 1„a'€ 3.2Ai Erf s ytiw.fi}4 x .. , I. R APR 13 1965 H aa�.539 R.awraea .r[L_y� n•rteeh.l.!!L.___—._—_:..__..----------- e . ( T ' _ Daepvanx 14609f90 - kiNSPOA:fk_. ..Reserver (!Mare• it; '. RECORDER'S STAMP f I'.• yLp ]]()//% Tins DEED, Made this 19th day of February I \ { in the year of oar Lord one thousand nine hundred and Sixty—f lye between C. E. e'EFLEEONER. KATHLEEN HEFLEOONER and VELMA leIREY of the � City and Cowrty of Denver and State of Colored.,of the first part,red SA INAN RANCH, ]ne., 11{s a corporation organised and • 1 4•' existing under and by virtue of the laws of the State of VNomi n9 of the second part: . .. pa� i. ! a WITEESSETE. That the said part les of the first part, for and in consideration of the sum of J g other valuable considerations and One-hundred - - - - - - - - - - - - DOLLARS. to the said part les of the flat pert in heed paid by the said party of the second part,the receipt whereof 6 c hereby confessed and acknowledged,have granted,bargained,sold and conveyed,and by:bean presents do yy'��wwyya�.•s grant.bargain,sell,convey and confirm,onto the said party of the second part,Its anccessn:s red'assigns forever, is 1 all of the fellowfcg described lot or parcel of land,situate,lying and being in the County of Weld and State of Colorado,to-witt ,. Section Twenty-nine 1291, Township Twelve Mil North, annce Sixty-one t5i1 i 11 5 of the Sixth P.M., 1717-9Peel, :-j g�a—yam not9ekvt• %Rl1 e' .hasfs °-r s" t`��r • � �8� .a, iG ej G ! F. 3erj' o ;bc we r � FFii C /jy �mrr;�s, �nrnnxeNas J s mvmstY�iin smaue§nmtll tss?sa re TG tll,; 11 '6:ji i?15533 • _ TOGETHER with eIl end singular the hereditament, and appurtenances !hereunto belonging or In anywise , appertaining,and the rcveramn and rererdens,remainder and remainders,rents,issues and profits thereof;and all 1 the estate,right,title,interest,claim and demand whatsoever of the said part es of the first part,either in law 1 or equity,of,in and to the above bargained premises,with the hereditament,and appurtenances. TO RACE AND TO BOLD the sold promises above bargained and described,with the appurtenances,unto the 1 /, s said party of the second part,Its successore and assigns forever.And the said part es of the first port, Inc t hem ne eel ves, heirs,eguton and administrators,do covenant,grant,bargain and agree to end with • the said party of the second part,its successors and assigns.that at the time of tha ensealing and delivery of these presents. they are well seised of the premises above conveyed,as of good,sore,perfect,absolute and . !' indefeasible estate of Inheritance,in tow,In fee simple,and hate good right,full power and lawful authority to grant,bargain,sell and convey the tame In marncrand form as aforesaid,and that the same are free and Blur from all former and other grants,bargains,sales,Hens,taxes,assessments and ineumbranees of whatever kind or nature .ever, estecl 1965 lases due and Payable in 1966, and the above bargained premises in the quiet and peaceable possession of the said party of the encond port,its successors and assigns,against all and every person or persons lawfully claiming or to claim the whole or any part thereof,the said pastes of the first part shall and will WARRANT AND FOREVER DEFEND. f DI WITNESS WHEREOF.The said tidies of the first pan have hereunto set 'heir hand 5 `,L 1 end seals the day and year lint above written. / q n //_//l /! of Signed,Sealed and Delivered in the Presence of ��t ' i ,e_ /)[_••r_��_ISEAL] II w _..__ __.._._...�_ • -<z G ECt'RTFCt�I�'.I�'`=L I5£AL7 a "I 0 ---_--__-__ _ 7. fRl '_/`!_l-bet.".-,_(SEAL] STATE OF COLORADO, In. µ / cp „ City end County of Denver 1F C� 9114C!L as FThe foregoing Instrument was acknowledged before me till, - -,(.3/ L day of shaawr} ,h Ig65 ,by'a Velma Kirby. D CO t ; 1/4\., I M ITNESf fry hand and of dal seal k sn j ,t( �� /7/9G3 Fs y s i,sett 4 ryfltlaa ezpirce/ 1 �" 5 _, w} l :s� rte rcu� or A! C O ee .-..-._...._ _ Rw.w ANT. { i. . _ _ _._ . _. .___ .. .. _ _.... .. - __. _.. _ ..____ 1 : N0.932. we' !ANTI➢tan TO CD➢eadAtolnei Ms. Co. Mc lee Penes 1} n • rt. � —nrayu,dltµ,va t•,a,ga„Nt aeWwialwn.l➢IWalai411]iatR Darer.Calmb L,1 �`y O VI am lii•• —a�. yy..��J ;~r '1 a fy` sv "'t" a. i y—o atS �[jJ 0} .. ]y t�ap 'r /212 t{ L'CCG5* 'Se i� F}�' '�. fl �4 �tV 't� ` �' ..}. .,u�3i4 143, ey'�"t�:•". tyn'EaxtYNJrAI�i�adi' "ke' g �'. 'e4.�:5u>,.'f.cSte..v.". � '.. .� y ; s"er`>r.r)s A.rt^• c'4a' • yt#r t ./La f ,tAr. "u tilt t ; 11.• "R tit ',41 Ik 04 % r' e; ..,r5771‘...:;•", '!1 J 11 r I..ez, S..n d ,e, R1 1yr •qt ! ti r dti l -2 Ul s 111- • ! ' / ��tF4 :, { • �7tc•�,fr*TO;yI {ii',i�Ux44U'a1'r!g1t�7{,''r Yr Jt� 4 ;�9�L Kit ''ti'NYr�v Ma � .[.14 `� , t r *" .!file""� A. "Yraellt(ill t'i''WC")/4bffiteuch.li);t 121 °7F's"'l.1 'F1 as 539 1460990 f s:` t,: 1' 17. STATE OF KANSAS 1 lss. - 'M; COUNTY OF JOHNSON) The foregoing Instrument was acknowledged before me r this -Z�� day of},tr..,,rar 7965, by L E. HEFL EBCVlER end KATHLEEN J { .! HEFLE5ONER. H'4 ...:1 • ir ,� t. WITNESS my hand and official seal. my commission expires Arai' -0(2 /947 ' 7 1 (Notary Public) • barn o / r •i-'1101 ' r-1r ) •.` 9E0UN1K 4F= • • q // �.` f , I• • • c �7• 1•'l Yl ri. �}y f,t��{�Cr'f f(f} { t. (I N t! Mr 1• Y •P• ,: , �l�L i• . . 1 •tf'ti .J , ':3Vy't�k fjr2C ,�,ktt i) 'sr _1 .tN:,k ',,,;',..E,tti r : J y! '1 1 I " ,� \ t r t t . AY t • 1 1 >a r ,, I• ttt.•v , ti !c1 11 � 'l l .,"•..,,,‘ 1 w rf , .4i4itl,], �] IN.A'4 ac t�Ml s.i \!1ri r' 1 911 ..,�a y, tj�` 4J'5,tAly i, • a. ; • f,/� I)V ;,, )1t $ • rx •.`f .yy 4 Y7'�lt•L {t ' C'!t e'e','t-1 ! L: „ t :,� 11,,,,. .111%, li w� tiii ' ri •11 r \ ,z,0,:..,..,5 S at N� ,A c '4 e r . �}$ A' '�y ! .,fit r i A'7`,, slot LS. N I.�t� l;g.C r.i-t r�9 � .t `� \ d R 5t a t i 1, !: ,y i3.J4•VF �-` 105n,i a'. y (< µ ''.:4 l `1 �549ty' ,1 �L,7 ' . `l < 1AMItiF' y k t`9t #U fs b..�+"' 1"�!t " 'Ih YrlKh 7 '�.^'ik 1i `WY, "1.41, ,,, .wf �. r• •x —1, JY.I ` �° f§t�„'FC C4 qtr jy,CKv t d ztk 33 ilia 'n f(ct f i, t� Y <.4t -k-yC' ^rl a::t5'at 4. +}�,3,W.�jtk.rEt-S1:S"' 2+ ? `P t', 1 '�1.,. iPc\Q,0,[tANtF 'Yn, NE :':!cr ' yL arY sa7'Lt; A-'44c1tl''r454V. 9/4t 1..-... .. .. ....,,c . ,.,,-'• ,D✓;,;s5,».e•.Y, S.,,Jl+i/ ..'nx.ai'a.....!•-��.f.:sLr: '_�'� .:p.—- a , ' t ;,� 1111111 Hill 131111111111111 111111 III 11111 1111III I 3090154 07131/2003 03:30? Weld County,CO 1 of 2 R 11.00 0 285.80 Steve Moreno Clerk&Recorder WARRANTY DEED 1,14I THIS INDENTURE, made the 29th day of July, 2003, by and between Bauman Ranch,Inc.a corporation organized and existing under and by virtue of the laws of the State of Wyoming and having its principal place of business in the County of La amic, the GRANTOR,and Mark Ray whose address is 200 North Monroe,Abingdon,[I.61410,the GRANTEE,WITNESSEI'H: • That Grantor,for and in consideration of the sum of Ten Dollars($10.00)and other good and valuable consideration,to Grantor in hand paid by Grantee,the receipt of which is hereby confessed and acknowledged,has grunted,bargained,sold,and conveyed,and by these presents does hereby grant, bargain, sell, convey, and confirm, unto Grantee, his heirs, personal representatives, and assigns, forever, the real property, together with all improvements, if any, situate,lying,and being in the County of Weld,State of Colorado, which is legally described as follows: In Township 11 North, Range 61 West of the 60' P.M., County of Weld, State of Colorado: Section 2: SYs Section 3: SY2 Section 7: All Section 8: All Section 9: All Section 10: All Section 11: WY2 Section 15: All Section 17: All Section 18: All except that portion to Colorado and Wyoming Railroad Company in that instrument recorded November 17, 1887, in Book 69 at Page 527. Also except all that portion of subject property lying South of Weld County Road 390. Section 20: All Section 21: All Section 22: All In Township 12 North, Range 61 West of the 6th P.M., County of Weld, State of Colorado: Section 19: SEY. Section 20: All Section 21: All Section 29: All Section 30: SY2 and SY,NE'/. TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents,issues, and profits thereof,and all estate, right, title,interest, claim,and demand whatsoever of Grantor,either in law or equity, of, in, or to the above bargained premises,with the hereditamenls and appurtenances. f 111111 Hill 111 111111 1111111 1111 111111 IN Hill 1111111 3090154 07/3112003 03:30P Weld Cow*,CO 2 of 2 R 11.00 0 285.80 Steve Moreno Clerk&Recorder TO HAVE AND TO HOLD the said premises above bargained and described,with the appurtenances unto Grantee, his personal representatives, and assigns, forever. And Grantor,for itself and assigns,does covenant,grant,bargain,and agree to and with Grantee, his heirs,personal representatives,and assigns,that at the time of the cnseatingand delivery of these presents it is well seized of the premises above conveyed; have good, sure,perfect, absolute,and indefeasible estate of inheritance,in law,in fee simple;and have good right,full power,and lawful authority to grant,bargain,sell,and convey the same in manner and form as aforesaid;and that the same arc free from all former and other grants,bargains,sales,liens, taxes,assessments,encumbrances and restrictions of whatever kind or nature socver;except all reservations,restrictions,easements,encumbrances of record. Grantor shall and will WARRANT AND FOREVER DEFEND the above bargained premises in the quiet and peaceable possession of Grantee,his heirs,personal representatives, and assigns,against all and every person or persons lawfully claiming the whole or any part thereof. IN WITNESS WHEREOF,the Grantor has caused its corporate seal to he hereunto affixed,and these presents to be signed by its duly authorized officer,the day and year first above written. ATCF_Sr: BAUMAN RANCH,INC. BY:John '.• Roman Y: rs.Darold Bauman TITLE:Secretary T LE: President STATE OF WYOMING ) )ss. COUNTY OF LARAMIE ) On this 29th day ofJuly,2003,before me personally appeared Mrs.Darold Bauman, to me personally known,who being by me duly sworn,did say that she is the President of Bauman Ranch, Inc. and that said instrument was signed and sealed on behalf of said corporatiq@;,>t4 authority of its Board of DIficat2rs and said John E.Bauman acknowledged said instrument to be the free act and dee%"bid corporation. Witness my hand and official seal. SEAL Notary Publ. My eorn nlssion expires: TAMMY J.POWELL-I10TAIWPUSLIC 0=I ebae ping acarn spt11,2 My Commission Slims Sept 11,2003 • . IIIIIII11111 IIIII1111111Iif(IIIII IIIIII III IIIII IIII IIII • 3437746 11/28/2006 02:21P Weld County, CO 1 of 3 R 16.00 D 0.00 Steve Moreno Clerk&Recorder WARRANTY DEED 746 (Colorado) THIS WARRANTY DEED is made as of the 2q1 day of October, 2006,by and between MARK RAY, a/k!a/Mark D. Ray and CAROL S. RAY having their address at 1258 140`h Street, Cameron, Illinois 61423 ( the "GRANTORS") and DE RANCH LLC, an Illinois limited liability company having its principal place of business at 115 East South Street, Galesburg, Illinois 61401 ("GRANTEE"),WITNESSETH: That Grantors, for and in consideration of sum of Ten Dollars ($10.00) and other good and valuable consideration, to Grantors in hand paid by Grantee, the receipt and sufficiency of which is hereby acknowledged,has granted, bargained, sold and conveyed, and by these presents to hereby grant, bargain, sell, convey and confirm unto grantee, its successors and assigns forever,the real property,together with all improvements thereon,if any, situate, lying and being within the County of Weld, State of Colorado,which is legally described as follows: See Exhibit A attached hereto and incorporated herein by reference. TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues, and profits thereof, and all estate, right, title, interest, claim and demand whatsoever of Grantors, either in law or equity, of, in or to the above bargained premises,with the hereditaments and appurtenances. TOGETHER with all fixtures, all easements, rights of way, reversionary rights, all privileges pertaining thereto, all water, irrigation and drainage rights, all coal, oil, gas and hydrocarbon rights and royalties owned by Grantors and all rights pertaining thereto. TO HAVE AND TO HOLD the said premises above-bargained and described, with the appurtenances unto Grantee, its successors and assigns forever and Grantors for themselves, successors and assigns do hereby covenant, grant, bargain and agree to and with Grantee, its successors and assigns, that at the time of the delivery of this deed they are well seized of the premises above conveyed; have good, sure, perfect, absolute and indefeasible title in law, in fee simple; and have good right, full power and lawful authority to grant, bargain, sell and convey the same in the manner and form as provided above; and that the said premises are free from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature except all reservations, restrictions, easements and encumbrances of record as of the date hereof. Grantors hereby acknowledge and agree that none of the deeds of trust, mortgages or security interests against the premises held of record by Grantee shall be merged into this deed but shall remain in full force and effect following recording hereof. Grantors shall and hereby do, warrant and forever defend the above-bargained premises in the quiet and peaceable possession of Grantee, its successors and assigns against all and every person or persons lawfully claiming the whole or any part thereof. 111111111111 11111!111111 111 111111 111111 III 111111111 1111 3437746 11/2812006 02:21P Weld County, CO 2 of 3 R 1600 D 0.00 Steve Moreno Clerk&Recorder IN WITNESS WHEREOF, Grantors have caused this Warranty Deed to be executed and delivered to Grantee the day and year first written above. GRANTORS: Mark Ray a/k/a Mark D Ray Carol S.Ray STATE OF ILLINOIS ) ) ss. COUNTY OF wp&eEtJ ) On this 2'i day of October, 2006, before me personally appeared Mark Ray, a/k/a/ Mark D. Ray and executed and acknowledged the foregoing Warranty Deed as his free and voluntary act. Witness my hand and official seal. A 1' fi " Notary Public -OFFICIAL SEAL My commission expires: 'RONALD D.STOMBA.U£II{ NOTARY PUBLIC-STATe OF ILUKO:o t t�Y'OOiv'MISSION EXPIRES F&2 t STATE OF ILLINOIS ) s s. COUNTY OF Wt'R.KErt ) On this .161 day of October, 2006,before me personally appeared Carol S. Ray, spouse of Mark Ray, a/k/a Mark D. Ray and executed and acknowledged the foregoing Warranty Deed as her free and voluntary act. Witness my hand and official seal. Notary Public a° '114 4-764 My commission expires: OFFICIALSEAL DD STONi3% v : STATE CF„L'%C.. 1 .;Jceit SON EXPLRES C:\Docun,cnts and SettinysWonaldlLocal Settings\Tesnpomry Internet 2 Flles\LontenaIESU307ALQH\Waaanty Deed - Colorado rev 10-24- 2006.dce • • 111111111111 1111 1111111 III 11111111111 111111 1111 II11 3437746 of R 16.00 D 0.00 Steve Moreno ld Clerk&Recorder EXHIBIT A In Township 11 North,Range 61 West of the 6th P.M.,County of Weld, State of Colorado: Section 2: S'% Section 3: S'h Section 7: All Section 8: All Section 9: All Section 10: All Section 11: W% Section 15: All Section 17: All Section 18: All except that portion to Colorado and Wyoming Railroad Company in that instrument recorded November 17, 1887, in Book 69 at Page 527. Also except all that portion of subject property lying South of Weld County Road 390. Section 20: All Section 21: All Section 22: All In Township 12 North,Range 61 West of the 6'h P.M.,County of Weld,State of Colorado: Section 19: SE'/a Section 20: All Section 21: All Section 29: All Section 30: 5' and St/2NE'/. All that portion of Section 13, Township 11 North, Range 62 West of the 6th P.M., lying East of County Road 390,County of Weld, State of Colorado. Hello