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HomeMy WebLinkAbout20101510.tiff RESOLUTION RE: ACTION OF THE BOARD CONCERNING BCV #1000040 AGAINST WILDWING DEVELOPMENT, LLC/BOX ELDER SANITATION FOR VIOLATION OF THE WELD COUNTY CODE WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, Wildwing Development, LLC, and Boxelder Sanitation, BCV #1000040, are allegedly in violation of the Weld County Code, and WHEREAS, despite efforts by the Planning staff to resolve said matter, the violation has not been corrected, and WHEREAS, on the 13th day of July, 2010, a public hearing was held before the Board of County Commissioners for the purpose of hearing testimony relating to said violation, and WHEREAS, at the request of Planning staff, the Board deems it advisable to refer the matter back to the Department of Planning Services. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that BCV#1000040 be, and hereby is, referred back to the Department of Planning Services. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 13th day of July, A.D., 2010. BOARD OF COUNTY COMMISSIONERS ,�4 EL ELD COUN COLORADO ATTEST: r ; �n a�� • _,�c2r 1861 1' ti«u I Rademac er, Chair Weld County Clerk to the B rd ` ' + Pit' CUSED arbara Kirkmeyer, Pro-Tem BY: Depu y Clerk t he oard Sean P. Conway C APP AS ORM: William F. Garcia ty t rhey EXCUSED David E. Long Date of signature: '7I2` i0 c,c, . PL, Vic . 2010-1510 �I �Ii1 PL0824 4414 Planning Department EmitBUILDING VIOLATION CASE SUMMARY COLORADO Violation Number: BCV10-00040 Compliance Officer: Peggy Gregory PRIMARY OWNER: Situs Address: 6154 CR 78 WILDWING DEVELOPMENT LLC Mailing Address: 15530 E BRONCOS PARKWAY CENTENNIAL, CO 80112 Phone: SECONDARY OWNER: Mailing Address: Phone: VIOLATION CONTACTS: PARCEL: 070530000007-R0738186 Acreage: 278.1 Legal Description: 23744 PT 30 7 67 LYING NORTH OF THE DESC LINE BEG AT THE W4 COR THENCE S657.11' TO TRUE POB 560D32'E 34.51'S60D32'E 593.74'N26D09'E 43.86' N88D08'E 28.81'576D06'E 34.94'S70D19'E 138.62'578D05'E 45.77'N88D28'E 63.53'N77D35'E 70.84'N67D53'E 565.33' N48D47'E 36.39' N39D49'E 51.25'N28D49'E 65.21'N18D59'E 51.36'N09D24'E 120.22'N16D39'E 88.58'N22D21'E 56.13'N29D09'E 42.27'N42D13'E 35.56'N58D47'E 62.59'N62D16'E 83.30' N78D06'E 101.17'N66D23'E 49.78' N46D47'E 35.85'N17D36'E 33.30'N04D02'E 47.95'N06D20'W 27.16'N19D02'W 52.23'N25D24'W 52.77'N32D31'W 46.80' N45D13'E 96.65'N44D09'E 102.42' N62D41'E 71.11'N57D34'E 36.67' N48D26'E 41.67'N43D04'E 71.77'N46D38'E 57.68' N53D45'E 57.46'N46D09'E 54.18' N29D59'E 48.77'N24D44'E 52.87'N29D36'E 37.61' N42D12'E 34.94' N51D08'E 107.81'N38D03'E 206.38'N31D30'E 123.20'N34D18'E 56.34'N43D44'E 30.49' N53D26'E 184.99' N57D30'E 62.37'N76D53'E 38.62'N84D37'E 113.67' N79D50'E 127.75' S80D51'E 85.31'S37D38'W 207.46'S23D06'W 441.20' N83D10'E 375.81'N37D41'E 133.84' N82D39'E 129.47'N60O37'E 128.59'N42D07'E 160.03' N61D26'E 124.20' N58D00'E 134.21' N51 D51'E 160.36'N67D51'E 43.61' S74D22'E 85.81'S29D21'E 149.61'S43D16'W 161.06' 511D58'W 100.41'S26D55'E 99.85' S79D25'E 247.06'S77D16'E 103.67'N87D33'E 117.50' 3389.44 EXC ALL THAT PT IN THE NE COR LYING N OF L&W CANAL&LEE LAKE(9A) ALSO EXC OG&M (7R16LAKE30S) 6710 78 CR B WELD 00000 LOCATION: Location : South of and adjacent to CR 78,West of and adjacent to CR 15 North : Agricultural property South : Agricultural property East : Agricultural property West : Larimer County Report ID: CODE00027v002 Page 1 of 3 Print Date-Time: 7/7/2010 9:22:45AM 2010-1510 SK Planning Department /�� ���^ BUILDING VIOLATION CASE SUMMARY COLORADO NOTIFICATION INFORMATION: Certified Date ; 06/10/2010 Certified Reference Number ; 7003 1010 0002 8989 4277 USPS Date Posted Date : 06/10/2010 VIOLATION DESCRIPTION: VIOLATION REMEDY: Remedy 1 : A new permit application and all applicable documentation shall be submitted for the Timnath Reservoir Lift Station,fees paid,the permit issued, and all inspections completed. Remedy 2 : Remedy 3 : RECOMMENDATION: WORKFLOW SUMMARY: Case Initiation 03/30/2010 Initiated Violation 03/30/2010 Violation Notice Letter Violation 04/06/2010 Violation Notice Letter Violation 06/07/2010 Hearing Notification Report ID: CODE00027v002 Page 2 of 3 Print Date-Time: 7/7/2010 9:22:45AM Planning Department BUILDING VIOLATION CASE SUMMARY WilDe COLORADO OTHER CASE HISTORY: Phone Call Phone message from Fred Walker from 04-19-10(I was out of the office in the afternoon). He said he would be out of the office on 04/20 but to speak to Randy Sidens. I returned his call and left a message that neither I nor Ken Swanson have received a response from Crow Creek Construction. Phone Call Phone call from Pat Methena of Box Elder Sanitation. She requested a copy of the buidling permit application faxed to her. She said the property owner is actaully Windwing Development and she's not sure hwo they are listed on the violation. I told her that Boxelder is listed as the owner and applicaton on the application and Crow Creek Construciton is the General Contractor. It does not list Wildwing Development. She said they have"accepted"the lift station so Wildwing Development says they(Boxelder)is responsible. The Assessor's records list Wildwing Development as the owner. 04/23/2010 Property Inspected Ken and Jill met on site with the project foreman. They are to amend the current permit to include the entire project and submit requested engineered letters. Phone Call Phone call from Fed Walker, inquired how the site inspection of 04/23/10 went. I told him Ken was out but I would talk to him and get back with Fred. Phone Call I spoke with Ken and Jill regarding the site visit. They spoke with the construction foreman and he was very cooperative. He was told they need to submit engineered letters as there were no inspections and need to amend the open permit to include the entire project. I called Fred Walker to tell him this. He would like to be contacted about any further meetings or progress. INSPECTION SUMMARY: Report ID: CODE00027v002 Page 3 of 3 Print Date-Time: 7/7/2010 9:22:45AM Kit DEPARTMENT OF PLANNING SERVICES Building Compliance Division 1555 N 17th AVE, Greeley, CO 80631 Website: www.co.weld.co.us WI D E-mail Address: pgregory@co.weld.co.us C Phone: (970) 353-6100, Ext. 3568 Fax: 30(970) 304-6498 COLORADO June 7, 2010 FRED WALKER BOX ELDER SANITATION DISTRICT PO BOX 1518 FORT COLLINS CO 80522 LARRY BUCKENDORF CROW CREEK CONSTRUCTION LLC 7251 W 20 ST, BLDG L, STE 101 GREELEY CO 80634 Subject: BCV10-00040, Part of Section 30, T7N, R67W, of the 61h P.M., Weld County, Colorado Dear Mr. Walker: The property referenced above remains in violation of the Weld County Code. I have scheduled a meeting with the Board of County Commissioners on July 13, 2010, at 10:00 a.m., to consider the violations. The property is in violation of the following Sections of the Weld County Code: Section 29-3-10 "Building permit required." Section 29-8-40 "Expiration of permit." To bring the property into compliance: A permit application and all applicable documentation shall be submitted for the Tinmath Reservoir Lift Station, fees paid, the permit issued, and all inspections completed. This meeting will take place in the County Commissioners Hearing Room, First Floor, Weld County Centennial Center, 915 10th Street, Greeley, Colorado. It is recommended that you or a representative be in attendance at this meeting to answer any questions the Board of County Commissioners might have regarding the violation. The Department of Building Inspection will be recommending that the Board of County Commissioners authorize the County Attorney to proceed with legal action to remedy the violation. Our records indicate that you were made aware of the nature of the violation, the action necessary to correct the violation,and that you were given sufficient time to remedy the violation. If you have any questions concerning this matter, please contact me at the above address, telephone number or e-mail address. gl:grr Building Compliance Officer pc:BCV 10-00040 U.S. Postal Service. U.S. Postal ServiceTM r`` CERTIFIED MAIL. RECEIPT _a CERTIFIED MAIL„ RECEIPT ru (Domestic Mail Only;No Insurance Coverage Provided) S (Domestic Mail Only;No Insurance Coverage Provided) F•r•elivery inf rmati nvisit ur we•sile at www.us•s.c•rrt® F r•elivery rM rmati•n visit ur we•siteat www.ua•s.c m® D-' ,m.. - - - a m Er I c0 Postage $ Postage $ fL ru O Certified Fee O Certified Fee O Postmark O Postmark O Rehm Reciept Fee Here O Return Reciept Fee Here (Endorsement Required) (Endorsement Required) O Restricted Delivery Fee Restricted Delivery Fee CI r-R (Endorsement Required) O (Endorsement Required) O I-9Total Postage&Fees $ Total Postage&Fees M rn /� /� �7 _/ L 00 Son ernX .�,1�c%r.1?yDi. atn �/�sf• O senrTel..l�Gfl ere eh l:on,� acif[01! r` Street,APt.No.: 13 3j /. 2,8 Street Box No.; City, PO Box No. or PO Box No. 7025/---//��0 Qi�� /...9e./0/ CiN,Stare,ZP 4 n dins 00 4$ CIN,Stare,ZIP+- OOLL ( vy & SO o LI Co dins PS Form 3800,June 2002 See Reverse for Instructions 5 F rm 3.•i June 2r 4 See averse f r Instruc[i ns SENDER: COMPLETE THIS SECTION CAM LETS THIS SECTI•NON UtLIVEnT • Complete items 1,2,and 3.Also complete A. Sig . . ❑Agent item 4 if Restricted Delivery is desired. X ❑Addressee • Print your name and address on the reverse , .47/O—e-. so that we can return the card to you. �B. Received by(Printed Name) C. Date of Delivery • or on this card to he p r it the mailpiece, W � d�, i or on the front Ifs ace permits. D l'sYE v '-_ ell i e ? Yes 1. Article Addressed to: fFdie` elow: ❑No FRED WALKER JUN 1 02010 BOX ELDER SANITATION DISTRICT ����'��� PO BOX 1518 FORT COLLINS CO 80522 3. Service Type W Certified Mail 0 Express Mail ❑Registered 0 Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. I4. Restricted Delivery?(Extra Fee) 0 Yes 2. Article Number - 7003 1010 0002 8989 4277 (Transfer from service"-- • .- . PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540 • Attach this card to the back of the mailpiece, or on the front if space permits. D. Is delivery address different from item 1? O Nes 1. Article Addressed to: Wed County V nnitfwaP dry address below: LARRY BUCKENDORF GREE , �,11 OFFICE CROW CREEK CONSTRUCTION LLC 7251 W 20 ST, BLDG L, STE ldf1 GREELEY CO 80631 DEC a ail ❑Express Mail 0 Registered 0 Return Receipt for Merchandise 0 Insured Mail 0 C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number 7003 1010 0002 8989 4260 (Transfer from service latx 102595-02-M-1540 Domestic Return Receipt PS Form 3811,February 2004 6 DEPARTMENT OF PLANNING SERVICES 7 0 Building Compliance Division 918 10th Street, Greeley, CO 80631 Website: wvvw.co.weld.co.us E-mail Address: pgregory(ahco.weld.co.us Phone: (970) 353-6100, Ext. 3568 Fax: (970) 304-6498 COLORADO WELD COUNTY BUILDING CODE VIOLATION NOTICE April 6, 2010 LARRY BUCKENDORF CROW CREEK CONSTRUCTION LLC 7251 W 20 ST, BLDG L, STE 101 GREELEY CO 80634 FRED WALKER BOX ELDER SANITATION DISTRICT PO BOX 1518 FORT COLLINS CO 80522 Subject: BCV10-00040, Part of Section 30, T7N, R67W of the 6th P.M., Weld County, Colorado Dear Mr. Buckendorf: As per my letter of February 26, 2010,the expiration extension on permit number BCR08-00777 has now expired and the property is in violation of the following Sections of the Weld County Code: Section 29-3-10"Building permit required." Section 29-8-40"Expiration of permit." Inspections were scheduled on April 22, 2009, and again on October 9, 2009. On both dates, it was noted that a certified engineer's letter must be provided as only electrical inspections were completed by Weld County inspectors. We did not receive the letter dated October 12, 2009, from TST, Inc. until March 26, 2010. This letter was reviewed by both the inspector and Kenneth Swanson, Weld County Building Official. Mr. Swanson has determined that the letter is very vague and does meet our requirements. The letter must be specific as to dates and times of inspections and the exact details of the observations. Please call Mr. Swanson at 970-353-6100 Ext. 3548, to discuss this matter and to schedule an on-site inspection to meet he and the inspector on site. It will then be necessary to submit a new permit application and all applicable documentation, pay the required fees, and complete all inspections once the permit is issued, according to the direction of Mr. Swanson. On October 14, 2009, permit number BCR09-00643 for revisions to the site was issued. This permit does not expire until October 14, 2010, but there has also been no inspections completed on that permit. April 6, 2010 page two It is the intention of this office to assist and cooperate with you without imposing undue hardship; however,we have no discretion in this matter if you fail to correct this violation within 14 (fourteen)days from April 6, 2010. Failure to do so will result in this office scheduling the violation before the Board of County Commissioners to consider whether to refer the case to the County Attorney's Office for legal action. Should you have any questions regarding this letter, or if you need any further information, please feel free to contact me at the above address, telephone number or e-mail address. L.n.c;y,� � V tt Peggy Gregory Building Compliance Officer pc'. BCV10-00040 BCR08-00777 BCR09-00643 Kenneth Swanson, Building Official Jill Boshinski, Building Inspector ft DEPARTMENT OF PLANNING SERVICES Building Compliance Division 918 10th Street, Greeley, CO 80631 Website: www.co.weld.co.us Will Cie E-mail Address: pgregory@co.weld.co.us Phone (970) 353-6100, Ext. 3568 Fax: (970) 304-6498 COLORADO February 26, 2010 BOX ELDER SANITATION DISTRICT PO BOX 1518 FORT COLLINS CO 80522 CROW CREEK CONSTRUCTION LLC 7251 W 20 ST#L101 GREELEY CO 80634 Subject: Permit# BCR08-00777— Part of Section 30, T7N, R67W of the 6th P.M., Weld County, Colorado On September 15, 2009,you were granted an extension on the above noted permit for a lift station for the Box Elder Sanitation District at 6154 County Road 78. According to our records, that extension is due to expire on March 30, 2010, and there are inspections remaining to be completed. Failure to complete the inspections by the expiration date will result in expiration of the permit, a violation notice, and is subject to go before the Board of County Commissioners with written notice. You may call our 24-hour inspection request line at 1-800-234-2534 or 970-356-8016. If you have any questions, I may be reached at 970-353-6100, Ext. 3568. Thank you for your cooperation in this matter. Sin ly, IV Art Peggy Gregory Building Compliance pc: BCR08-00777 SERVICE,TEAMWORK,INTEGRITY,QUALITY cat!t' (T VI ) DEPARTMENT OF PLANNING SERVICES WI`B 918 BUILDING INSPECTION DIVISION 10TH STREET. GREELEY, CO 80631 COLORADO (970) 353-6100 X3540 EXTENSION REQUEST FORM DATE 9 - /5 - 09 PERMIT NUMBER /2) (Rog - co? 3 7 APPLICANT INFORMATION:NAME (rot- 6-c r /C (onsi-rccI :00 i C1 I YO - ;O - C)cn ti ADDRESS 705) l,-) ,�C + c rcc (cy , co st(-m A PROPERTY OWNER Qrrn, h}e(-tY i SITE ADDRESS Cr .�i�. Q� ) -:- ("<"t_, R fn I S ORIGINAL EXPIRATION DATE JO - 1 - Zoc--I REASON FOR EXTENSION i-�, .�C cv>L- rccr , vc,-1 r ; 2c-. I Jrsocc1;oc, 9 SIGNATURE DATE cc) - /,i _c-,9 RELATIONSHIP TO PROPERTY OWNER (c„ri1r,,C cc NEW EXPIRATION DATE 3.30 .ao/o_) FOR OFFICE USE ONLY. APPROVED BY gLile...L tie.e.t.zov DATE ' //9 FEE: $42.00 PAYOR 7141- CASH CK # /4//57 CREDIT CARD # Kit DEPARTMENT OF PLANNING SERVICES Building Compliance Division 918 10th Street, Greeley, CO 80631 Website: www.co.weld.co.us CE-mail Address: pgregory@co.weld.co.us Phone: (970) Fax: (9770) 304-6498 COLORADO September 3, 2009 BOX ELDER SANITATION DISTRICT PO BOX 1518 FORT COLLINS CO 80522 CROW CREEK CONSTRUCTION LLC 7251 W 20 ST#L101 GREELEY CO 80634 Subject: Permit# BCR08-00777 Part of Section 30, T7N, R67W, of the 6'h P.M., Weld County, Colorado This letter is to remind you that a permit for a lift station for the Box elder Sanitation District at 6154 County Road 78 was issued on October 1, 2008. According to our records,this permit will expire on October 1,2009, and all of the required inspections have not been completed. Article VIII, Section 29-8-40 of the Weld County Code states that: Every permit issued by the Building Official under the provisions of the Building Code shall expire by limitation and become void after the given utilization period has elapsed. The utilization period begins on the date of permit issuance. If the building or work authorized by a Building Permit has not received final inspection by the permit expiration date, all work shall stop until a new permit is issued. Article VIII, Section 29-8-45 states: A. The Building permit holder may submit a request for an extension of time before the expiration of the utilization period. The Building Official may extend the Building Permit one time, for a period not to exceed 180 calendar days. Such request shall include name, address, telephone number, the building permit number, site address and a description of specific circumstances which prevented completion of the work prior to the expiration date. A $42.00 fee shall be charged if a building permit extension is granted. B. If the Building Permit expires before a request is submitted for an extension, an extension shall not be granted. To proceed with the same project the following process shall be required: 1. A new permit must be obtained. 2. The full permit fee must be paid along with any other applicable fees. 3. The applicant must comply with all applicable codes and regulations in effect at the time the new permit application is submitted. SERVICE,TEAMWORK,INTEGRITY,QUALITY page two An expired permit will result in a violation being issued and will remain open until a new permit is issued and is subject to go before the Board of County Commissioners with written notice. You may call our 24-hour inspection request line at 1-800-234-2534 or 970-356-8016. If you have any questions, I may be reached at 970-353-6100, Ext. 3568. Thank you for your cooperation in this matter. Sincerely, gOM Peggy Gregory Building Compliance Officer pc: BCR08-00777 SERVICE,TEAMWORK,INTEGRITY,QUALITY Identify Results Page 1 of 2 WELD COUNTY ASSESSOR PROPERTY PROFILE Account#: R0738186 Parcel#: 070530000007 Tax Area: 3955 Bordering County: Acres: 256 Township Range Section Quart.Sec. Subdivison Name BIQck# Lot# 07 - 67 - 30 -0 - - Owners Name&Address: Property Address: WILDWING DEVELOPMENT LLC Street: 6710 78 CR B WELD 15530 E BRONCOS PARKWAY STE 350 City: WELD CENTENNIAL, CO 80112 Business/Complex: Sales Summary Sale Date Sale Price Deed Type Reception # $0 Legal Descri tp ion 23744 PT 30 7 67 LYING NORTH OF THE DESC LINE BEG AT THE W4 COR THENCE$657.11'TO TRUE POB$60D32'E 34.51' $60D32'E 593.74' N26D09'E 43.86' N88D08'E 28.81' S76D06'E 34.94'570D19'E 138.62'S78D05'E 45.77' N88D28'E 63.53' N77D35'E 70.84' N67D53'E 565.33' Land Valuation Summa Land Type Abst Code Unit of Number of Assessed Actual Value Measure Units Value Agricultural 4167 Acres 18 Agricultural 4147 Acres 49 Agricultural 4117 Acres 7.11 Agricultural 4117 Acres 48.38 Agricultural 4117 Acres 133.51 Land Subtotal: 256 $66,176 $19,200 Buildings Valuation Summary Assessed Bldg# Property Type Actual Value Value 1 Residential 2 Residential Improvements Subtotal: $168,611 $13,420 Total Property Value $234,787 $32,620 Building Details Account#: R0738186 Parcel#: 070530000007 Owners Name &Address: Property Address: WILDWING DEVELOPMENT LLC Street:6710 78 CR B WELD 15530 E BRONCOS PARKWAY STE 350 City: WELD CENTENNIAL, CO 80112 Building# Property Type http://maps2.merrick.com/Website/Weld/setSgl.asp?cmd=QUERY&DET=PP&pin=070530... 7/7/2010 Identify Results Page 2 of 2 1 Residential Individual Built As Detail Built As: Modular Year Built: 1993 Exterior: Frame Hardboard HVAC: Forced Air Interior Finish: Drywall Built As SQ Ft: 1134 # of Baths: 2 Roof Type: Gable # of Bdrms: 3 Roof Cover: Composition Shingle # of Stories: 1 Rooms: 5 Units: 0 Garage: Attached SQ Ft: Detached SQ Ft: Basement: Total SQ Ft: Finished SQ Ft: Account#: R0738186 Parcel#: 070530000007 Owners Name &Address: Property Address: WILDWING DEVELOPMENT LLC Street: 6710 78 CR B WELD 15530 E BRONCOS PARKWAY STE 350 City: WELD CENTENNIAL, CO 80112 Building# Property Type 2 Residential Individual Built As Detail Built As: Ranch 1 Story Year Built: 1910 Exterior: Frame Hardboard HVAC: Forced Air Interior Finish: Drywall Built As SQ Ft: 1168 # of Baths: 1 Roof Type: # of Bdrms: 2 Roof Cover: Composition Shingle # of Stories: 1 Rooms: 0 Units: 0 Garage: Attached SQ Ft: 0 Detached SQ Ft: 0 Basement; Total SQ Ft: 224 Finished SQ Ft: 0 http://maps2.merrick.com/W ebsite/W eld/setSgl.asp?cmd=QUERY&DET=PP&pin=07053 0... 7/7/2010 BARGAIN AND SALE DEED (WELD COUNTY) 1114 THE BOEKEL FARM LLLP,a Colorado limited liability limited partnership,with a business address of 1800 East Stanford Avenue, Cherry Hills Village,Englewood, Colorado 80110, for the consideration of Ten Dollars and other good and valuable consideration, in hand paid,hereby sells and conveys to WILDWING DEVELOPMENT LLC,a Colorado Limited liability Corporation, with a business address of 410 171h Street, Suite 1190, Denver, CO 80202,a 75%interest in and to the following real property located in the County of Weld, State of Colorado, to wit: That real property described on Exhibit A attached hereto and forming a part hereof by this reference(the "Property) and an undivided 75%interest in and to the minerals owned by grantor as of the day of this conveyance; TOGETHER WITH a 75%interest in all easements and rights of way appurtenant to the Property, and all improvements thereon, and all water and water rights, all ditch and ditch rights,all well and well rights, all spring and spring rights and all reservoir and reservoir rights appurtenant to or historically used on or in connection with the Property, including but not limited to (i) four(4)shares of the capital stock of Larimer and Weld Reservoir Company, (ii)four(4)shares of the capital stock of Larimcr and Weld Irrigation Company, and(iii) 167 acre-feet of water allotted to the Property by the Northern Colorado Water Conservancy District. RESERVING unto THE BOEKEL FARM LLLP the exclusive use of all buildings and structures now in place on the above described property. EXCEPTING all prior mineral reservations and conveyances of record. This conveyance is made subject to: taxes for the year 1999 and subsequent years;the inclusion of the Property in any special taxing District; all apparent rights of way and casements now established; all reservations and restrictions of record, including any patent and mineral reservations, if any; ditches or irrigation laterals in place or of record; and all leases and tenancies, if any. EXECUTED this 27th day of April, 1999. BOEKEL FARM, LLLP �Gu- ( / 4o(�ld3l 'Fredrick W. Boekel R.G. Boekel General Partner General Partner 1 111111 11111 111111 1111 1111111 11111 111111111111 11111III I2728764 2 R 10125119 04:54P 10.00 00.00 Weld A Sukl CountyCO kamoto of IIIIIIIIIIII111111IIII MINIM MI III Iilll IIII 2728764 10/25/1888 04:54P JA Sold Tsukamoto 2 of 2 R 10.00 0 0.00 Weld County CO EXHIBIT 'A' PROPERTY DESCRIPTION A PARCEL OF LAND IN THE NORTH HALF AND SOUTHWEST QUARTER OF SECTION 30, TOWNSHIP 7 NORTH,RANGE 67 WEST OF THE 6TH.PRINCIPAL MERIDIAN,COUNTY OF WELD,STATE OF COLORADO BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SECTION 30 AND CONSIDERING THE NORTHERLY LINE OF THE NORTHWEST QUARTER OF SAID SECTION 30 TO BEAR N 89°13'47"W WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO;THENCE S 46°53'03""E A DISTANCE OF 41.10 FEET TO THE POINT OF BEGINNING. THENCE N 86°I3'47"E ALONG A LINE 30 FEET SOUTHERLY OF AND PARALLEL WITH SAID NORTHERLY LINE OF THE NORTHWEST QUARTER A DISTANCE OF 2353.36 FEET; THENCE N 86°13'50"E ALONG A LINE 30 FEET SOUTHERLY OF AND PARALLEL WITH THE NORTHERLY LINE OF THE NORTHEAST QUARTER OF SAID SECTION 30 A DISTANCE OF 1204.52 FEET; THENCE S 55°56'13"E A DISTANCE OF 1460.90 FEET; THENCE S 00°13'10"W ALONG THE EASTERLY LINE OF SAID NORTHEAST QUARTER OF SECTION 30 A DISTANCE OF 1299.50 FEET; THENCE ALONG THE BOUNDARY OF THAT PARCEL DESCRIBED IN BOOK 1126 AT PAGE 1666 IN THE RECORDS OF THE WELD COUNTY CLERK AND RECORDER THE FOLLOWING SIXTEEN(16)COURSES: I.N 87°35'46"W A DISTANCE OF 88.19 FEET; 2.N 86°29'46"W A DISTANCE OF 376.00 FEET; 3.N 24°59'46"W A DISTANCE OF 185.50 FEET; 4.N 31°43'14"E A DISTANCE OF 284.00 FEET; 5.N 57°41'46"W A DISTANCE OF 142.60 FEET; 6.S 53°49'14"W A DISTANCE OF 917.30 FEET; 7.S 83°45'14"W A DISTANCE OF 478.50 FEET; 8.N 23°43'14"E A DISTANCE OF 441.20 FEET; 9.N 37°51'14"E A DISTANCE OF 208.00 FEET; 10.N 69°08'46"W A DISTANCE OF 78.80 FEET; II.S 75°23'14"W A DISTANCE OF 327.20 FEET; 12.S 54°I1'14"W A DISTANCE OF 230.60 FEET; 13. S 31°50'14"W A DISTANCE OF 156.60 FEET; 14.5 39°14'14"W A DISTANCE OF 513.80 FEET; 15.S 48°40'14"W A DISTANCE OF 293.80 FEET; 16.S 54°41'14"W A DISTANCE OF 274.70 FEET; THENCE ALONG THE BOUNDARY OF THAT PARCEL DESCRIBED IN BOOK 826 AT PAGE 398 IN SAID RECORDS OF THE WELD COUNTY CLERK AND RECORDER THE FOLLOWING FOURTEEN(14)COURSES: I.5 30°05'46"E A DISTANCE OF 116.00 FEET; 2.S 25°22'14"W A DISTANCE OF 84.90 FEET; 3.5 04°48'14"W A DISTANCE OF 82.70 FEET; 4.S 75°44'14"W A DISTANCE OF 159.20 FEET; 5.S 69°25'14"W A DISTANCE OF 116.50 FEET; 6.S 44°01'14"W A DISTANCE OF 115.00 FEET; 7.S 28°59'14"W A DISTANCE OF 101.80 FEET; 8.S 09°51'14"W A DISTANCE OF 242.30 FEET; 9.S 36°28'14"W A DISTANCE OF 129.00 FEET; 10.S 68°13'14"W A DISTANCE OF 641.10 FEET; II.S 81°37'14"W A DISTANCE OF 96.70 FEET; 12.N 70°33'46"W A DISTANCE OF 173.00 FEET; 13.S 82047'14"W A DISTANCE OF 130.50 FEET; 14.N 60°03'46"W A DISTANCE OF 487.51 FEET; THENCE N 00°00'07"E ALONG THE EASTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 901 BEING ALSO A LINE 30 FEET EASTERLY OF AND PARALLEL WITH THE WESTERLY LINE OI TI lE SAID SOUTHWEST QUARTER OF SECTION 30 A DISTANCE OF 675.82 FEET; THENCE CONTINUING N 00°00'07"E ALONG SAID EASTERLY RIGHT-OF-WAY LINE BEING ALSO A LINE 30 FEET EASTERLY OF AND PARALLEL WITH THE WESTERLY LINE OF THE NORTHWEST QUARTER OF SECTION 30 A DISTANCE OF 2615.39 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 269.030 ACRES(11,719,028 SQ.FTJ,MORE OR LESS. Hello