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' �E v Flq aoa z ix '2 a?III l'a v w OM CG N4 W O x T. . 1 'Si3 6 .4 oil ° i 8. � �'� d' E T. �4 ��raooj4�� �l'�S y: / S AAR �y»O oo / O W OJ W ..y 0 i $; I A Nsill • // ••77 O{4O Q z tt� /• f, z N1 w rri s gi vpt F .yumn,mo". U' F',.7 OO )/1:1119'LR ISM - i / go U .=rm aa.oc.lw R / �' U ..k. NWN _,i� %s i \ \T i, \ CIS $Kp/ tirl b. gm 8 3 40 a 31 7 1 0 s I-% R kx aell I @4 4 . g4 R 1 1n�� 8 $stl MO Id 7 92 $��W .mco9c isaxOUN ° kb Esi s.=aa fa 5 N 3 @f le i I EEFpi r;i I s 5 5 i 3 rill& i 4 W g yi EY �4 �I , c .. n Y(1 �� HJ.HON I� �; 3 7 gil ESB ÷ § © • vy :lig ims , ?If6eitdri DEPARTMENT OF PLANNING SERVICES WC RECORDED EXEMPTION ADMINISTRATIVE REVIEW COLORADO Applicant: Golden Dome Aggregates RE-5057 Planner: C. Gathman Legal Description: W2 and W2SE4 of Section 26, T2N,R67W of the 6th P.M., Weld County, CO. Parcel ID#: 1311 26 000028 Lot A Size: +/- 3 acres Lot B Size: +/- 3 acres Lot C Size: +/-3 acres Lot D Size: +/- 120.5 acres Water Source: Proposed Individual Wells Sewer System: Proposed Individual Septic Systems 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. ,20ia — 3/&& 2. The applicant has proposed a well as the source of adequate water for Lots A, B, C and D. Property owners are advised that the quantity of water available for usage may be limited to specific uses, i.e., "Domestic Use Only," etc. Because each situation is unique, the Department of Planning Services encourages property owners to contact the Office of the State Engineer, Division of Water Resources (1313 Sherman Street, Room 818, Denver, Colorado 80203. Phone 303-866-3581), to discuss each individual situation. 3. Topographic or physical features of the proposed Lots A, B and C, 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. 4. Prior to recording the plat: A. The plat shall be titled: Recorded Exemption No. 1311-26-3 RE-5057 P( The applicant shall address the requirements of the Department of Public Works as stated in their referral received November 2, 2010. In addition to providing evidence of approval . from the Department of Public Works, the following shall be indicated on the plat: opt.%raw-. y A 30 foot wide joint access and utility easement from County Road 18, for the benefit of Lots G I;9') A, B and C, shall be shown clearly on the plat. The joint easement shall be dedicated for the 0,, 1 �• 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. Y'I \` Additionally, in the event the proposed access crosses the adjacent property to the north ,O�'l �� � (owned by Platte Valley Irrigation District), the applicant shall submit: w 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. It All existing accesses shall be clearly shown on the plat. ?Q County Roads 18 and 23 are designated on the Weld County Road Classification Plan as collector roads, which require 80 feet of right-of-way at full build out. A total of 40-feet from the centerline of County Roads 18 and 23 shall be indicated as "edge of future right-of-way" on the plat. The applicant shall verify the existing right-of-way and the documents creating the right-of-way and this documentation shall be indicated on the plat. All setbacks shall be measured from the edge of future right-of-way. If the right-of-way cannot be verified, it shall be dedicated. These roads are maintained by Weld County. IS The applicant shall attempt to address the requirements (concerns) of the Fort Lupton Fire Protection District, as stated in the referral response received October 12, 2010. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. The applicant shall address the requirements of Weld County School District RE-8 as stated in the referral response dated October 7, 2010. Evidence of such shall be submitted in Artwriting to the Weld County Department of Planning Services. W Lots A, B and C 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. X. Lot D shall comply with the one-hundred twenty (120) acre net minimum lot size required by Section 24-8-20.C.3 of the Weld County Code. Net acreage calculations should not include reserved road right-of-way.— S1P F'F HAS ACA-0440 t 20 farS G to'S" 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. J. The following notes shall be placed on the plat: 1) All proposed or existing structures will or do meet the minimum setback and offset requirements for the zone district in which the property is located. Pursuant to the definition of setback in the Weld County Code, the required setback is measured from the future right-of-way line. No building or structure as defined and limited to those occupancies listed as Groups A, B, E, F,H, I, M and R in Section 302.1 of the 2003 International Building Code, shall be constructed within a 200-foot radius of any tank battery or within a 150-foot radius of any wellhead. Any construction within a 200-foot radius of any tank battery or 150-foot radius of any wellhead shall require a variance from the terms of the Section 23-3-10 of the Weld County Code. 2) Any future structures or uses on site must obtain the appropriate zoning and building permits. 3) Lot A, Lot B and Lot C are not eligible for a future land exemption in accordance with Section 24-8-20.C.3 of the Weld County Code. 4) 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, B, C and/or D has 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 Fort Lupton Fire Protection District to the Weld County Building Department. 7) Potential purchasers should be aware that Lots A, B and C may not be eligible for a domestic well permit which allows for outside irrigation and/or the watering of stock animals. The State Division of Water Resources issues all well permits. 8) Potential purchasers should be aware that groundwater may not meet all drinking water standards as defined by the Colorado Department of Public Health and Environment. The Weld County Department of Public Health and Environment strongly encourages well users to test their drinking water prior to consumption and periodically there after. 9) Potential purchasers should be aware that approval of this Recorded Exemption does not guarantee that well permits will be issued for the lots. Any lot may be deemed non-buildable if the lot owner is unable to obtain a well permit. The State Division of Water Resources issues all well permits. 10) Should noxious weeds exist on the property or become established as a result of the proposed development the applicant/landowner shall be responsible for controlling the noxious weeds, pursuant to Chapter 15, Articles I and II of the Weld County Code. 11) Building permits shall be obtained prior to the construction of any building. Buildings that meet the definition of an Ag Exempt Building per the requirements of Section 29- 1-20 and Section 29-3-20.B.13 of the Weld County Code do not need building permits, however, a Certificate of Compliance must be filed with the Planning Department and an electrical and/or plumbing permit is required for any electrical service to the building or water for watering or washing of livestock or poultry. 12) Effective January 1, 2003, Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County Road Impact Program. (Ordinance 2002-11) 13) Effective August 1, 2005, Building permits issued on the subject site will be required to adhere to the fee structure of the Capital Expansion Impact Fee and the Stormwater/Drainage Impact Fee. (Ordinance 2005-8 Section 5-8-40) 14) Potential Purchasers are hereby notified that a confined animal feeding operation (AMUSR-1231 — a 4,000 head dairy) is located 1/4 east and north of the intersection of County Roads 19 and 16 and an animal feeding operation (SUP-62 — Turkey Farm) is located north and east of the intersection of County Roads 18 and 21. Off- site impacts that may be encountered include noise from trucks, tractors and equipment; dust from animal pens and odors from animal confinement, silage, and manure. 15) Potential Purchasers are hereby notified that a Use by Special Review Permit (USR- 514—gravel mining) is located on Lot D of this recorded exemption. 16) Prior to the release of building permits on Lots A, B, C and/or D, 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. 17) The property owner acknowledges that mineral owners and lessees have real property interests that entitle them to surface use in accordance with Colorado State Statutes and applicable Colorado oil and Gas Conservation Commission regulations. (Department of Planning Services) 18) WELD COUNTY'S RIGHT TO FARM: Weld County is one of the most productive agricultural counties in the United States, typically ranking in the top ten counties in the country in total market value of agricultural products sold. The rural areas of Weld County may be open and spacious, but they are intensively used for agriculture. Persons moving into a rural area must recognize and accept there are drawbacks, including conflicts with long-standing agricultural practices and a lower level of services than in town. Along with the drawbacks come the incentives which attract urban dwellers to relocate to rural areas: open views, spaciousness, wildlife, lack of city noise and congestion, and the rural atmosphere and way of life. Without neighboring farms, those features which attract urban dwellers to rural Weld County would quickly be gone forever. Agricultural users of the land should not be expected to change their long-established agricultural practices to accommodate the intrusions of urban users into a rural area. Well-run agricultural activities will generate off-site impacts, including noise from tractors and equipment; slow-moving farm vehicles on rural roads; dust from animal pens, field work, harvest and gravel roads; odor from animal confinement, silage and manure; smoke from ditch burning; flies and mosquitoes; hunting and trapping activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and fertilizers in the fields, including the use of aerial spraying. It is common practice for agricultural producers to utilize an accumulation of agricultural machinery and supplies to assist in their agricultural operations. A concentration of miscellaneous agricultural materials often produces a visual disparity between rural and urban areas of the County. Section 35-3.5-102, C.R.S., provides that an agricultural operation shall not be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs methods or practices that are commonly or reasonably associated with agricultural production. Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to assume that ditches and reservoirs may simply be moved "out of the way" of residential development. When moving to the County, property owners and residents must realize they cannot take water from irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water. Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice the size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of state and County roads outside of municipalities. The sheer magnitude of the area to be served stretches available resources. Law enforcement is based on responses to complaints more than on patrols of the County, and the distances which must be traveled may delay all emergency responses, including law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must leave their jobs and families to respond to emergencies. County gravel roads, no matter how often they are bladed, will not provide the same kind of surface expected from a paved road. Snow removal priorities mean that roads from subdivisions to arterials may not be cleared for several days after a major snowstorm. Services in rural areas, in many cases, will not be equivalent to municipal services. Rural dwellers must, by necessity, be more self-sufficient than urban dwellers. People are exposed to different hazards in the County than in an urban or suburban setting. Farm equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center pivot operations, high speed traffic, sand burs, puncture vines, territorial farm dogs and livestock, and open burning present real threats. Controlling children's activities is important, not only for their safety, but also for the protection of the farmer's livelihood 5. The applicant shall submit three (3) paper copies of the plat for preliminary approval to the Weld County Department of Planning Services. Upon approval of the paper copies the applicant shall submit a Mylar plat along with all other documentation required as conditions of approval. The Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder by Department of Planning Services. Staff. The plat shall be prepared in accordance with the requirements of Section 24-8-60 of the Weld County Code. The Mylar plat and additional requirements shall be submitted within sixty (60) days from the date the Administrative Review was signed. The applicant shall be responsible for paying the recording fee. 6. In accordance with Weld County Code Ordinance 2005-7 approved June 1, 2005, should the plat not be recorded within the required sixty (60) days from the date the Administrative Review was signed a $50.00 recording continuance charge may be added for each additional 3 month period. 7. The Department of Planning Services respectfully requests the surveyor provide a digital copy of this Recorded Exemption. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles, Arclnfo Coverages and Arclnfo Export files format type is .e00. The preferred format for Images is .tif (Group 4). (Group 6 is not acceptable). This digital file may be sent to dhuerterco.weld.co.us 8. The Weld County Department of Planning Staffs 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 Date November 22, 2010 Chris Gathman — Planner III gee. 5OS1 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 Wee Scale Suitable Scale? (1"=200'or I"=100') l✓ Accesses indicated Shared Access? If so, is easement Certificate included? bee's'''. Roads labeled, including R.O.W 1 . Building Envelope(s) PiA Vicinity Map Suitable Scale? (Minimum I" =2000') ✓ North Arrow Legal Description Notes from Planner/ vs R ' n NO+ Development Standards / ) Conditions of Approval ��' o F e1`GXa-S C17) Owners Certificate Notarial Certificate included? All owners must sign the plat, re check the deed. Surveyors Certificate and All surveyed plats Surveyors Stamp Note: USR plats do not need to be surveyed lose Director of Planning Notarial Certificate included? (RE, SE, SPR, Final PUD if Staff Certificate Approved) Planning Commission (USR, COZ. Minor Sub. Final) 0/A Certificate Board Certificate (USR, COZ„ Minor Sub Final) 1.s+1/A (Final PUD, RE, SE& ZPMH if Board approved) Typical Road Cross Section (COZ, Final Minor Sub. and Final PUD) NIA Easements 14 16 Please return the plat to the CAD Technician within 24 hours of receiving the plat. 9 g l� 9-0---+ 3"t4 fps— �UI c'`'....) Planner on Call: (Initials) 3/21/1 i — e 4A - vK per pd.). 3/23 . Planner Signature: Date:� Date: '.. /5/Z0I 1 f l J O WELD COUNTY,COLORADO DEPARTMENT OF PLANNING SERVICES 1555 N 17T"AVENUE GREELEY, CO 80631 PHONE: 970-353-6100, EXT.3540/FAX: 970-304-6498 Date: '1/21 20 b Receipt No. 15 7 n Received From: 1.--&144,1 (cAtk. - ¶/ ( u Pot* F 02-(4 Permit Type No. Description Fee 4221-RE/SE I 4 L6r � 1 V�^i 4221-ZPMH 4221-USR 4221-SITE PLAN REVIEW 4221-CHANGE OF ZONE 4221-PUD 4221-MINOR/MAJOR SUB #OF BUILDABLE LOTS 4221-ADDITIONAL 30% FEE FOR SUB's 4221-RE-SUBDIVISIONS 4221-BOA 4221-ZPCV/ZPAS 4430-MAPS/POSTAGE 4430-COPIES 4730-INVESTIGATION FEE 6560-RECORDING FEE OCASH triHECK NO. 1(720 ❑CREDIT CARD TOTAL FEE (cO) l d Receipte By: ,\ DL# Exp. 1 WELD , NTYDEPARTMENT OUF PLANNINGRADOSERVICES I 1555 N 17'AVENUE j GREELEY,CO 80631 PHONE:970-353-6100, EXT.3540/FAX:970-304-6498 Date: 20 ' 1 Receipt No. 15911 Received From: Permit Type No. Description 4221-RE/SE Fee 4221-ZPMH 4221-USR 1 4221-SITE PLAN REVIEW I 4221-CHANGE OF ZONE 4221-PUD I 4221-MINOR/MAJOR SUB #OF BUILDABLE LOTS 4221-ADDITIONAL 30% ■ FEE FOR SUB's 4221-RE-SUBDIVISIONS - 4221-BOA 4221-ZPCV/ZPAS { 4430-MAPS/POSTAGE .I 4430-COPIES - 4730-INVESTIGATION FEE 6560-RECORDING FEE I L - 1 - 9 ❑CASH mCHECK NO. : I ❑CREDIT CARD TOTAL FEE I 1 Receipted By: DL# - — r_Exp I i Chris Gathman From: Chris Gathman Sent: Thursday, March 24, 2011 10:11 AM To: 'hammersurveying@comcast.net Subject: RE-5057 revisions Gary, I only have a few minor revisions: 1) Remove reference to Net Acreage for Lot D. 2) Renumber Development Standards 18-20. 3) Development Standard #14—spelling error—should read "THAT". That is all I have. Sincerely, Chris Gathman Planner III Weld County Department of Planning Services 1555 N. 17th Avenue, Greeley CO.80631 Ph:(970)353-6100 ext.3537 Fax: (970)304-6498 g Wt 0..lC oU H-r u Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication.Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. 1 Chris Gathman From: Heidi Hansen Sent: Wednesday, March 23, 2011 3:12 PM To: Chris Gathman Subject: RE-5057 Plat Check Attachments: image003.png Chris, The plat for RE-5057 looks good. The shared access is as we discussed with them and should work well. Thanks, Heidi Heidi Hansen, P.E. Engineer II Weld County Public Works 1111 H Street Greeley, CO 80632 970-304-6496 ext. 3745 u Confidentiality Notice:This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. 1 Golden Dome Aggregates, LLC 619 North Cascade Avenue — Suite 200 • Colorado Springs, CO 80903 C/O— Mark Goldstein—1205 W. Elizabeth St—PMB 134 • Fort Collins, CO 80521 • 970-797-2187 March 10, 2011 Chris Gathman, Senior Planner Weld County Department of Planning 1555 N 17th Avenue Greeley, CO 80631 RE: Golden Dome Aggregates, LLC —4 Lot RE 5057 Dear Mr. Gathman: Regarding the application referenced above, I am remitting answers and supporting documents, along with the proposed final plats, for the completion of the project. Should you have questions or comments and I am not available, please address your request to Kathy Herder in our Fort Collins office—970-797-2187. GOLDEN DOME AGGREGATES -RE-5057 RESPONSES TO STAFF COMMENTS 1. Any home development, on any of the proposed lots, will comply with Weld County Individual Sewage Disposal System (I.S.D.S) regulations. 2. Upon the application for building permits to develop residences upon any of the lots the applicant will contact the Office of State Engineer, Division of Water Resources to confirm the availability of the appropriate well permits. 3. The applicant has reviewed the Weld County Code pertaining to septic systems. Any septic system will comply with all setback requirements found in the code and lots will be of sufficient size to allow the installation of the septic system. 4A. The plat is titled Recorded Exemption No. RE: 1311-26-3 RE-5057. 4B. In a meeting on October 28, 2010 with David Bauer and Heidi Hanson of the Weld County Department of Public Works, the issues of access were discussed and the following agreements were reached: The access to all proposed lots is restricted to a existing access and that access has been described in a Deed of Dedication For Easement recorded in Weld County as Doc ID 3751788 on February 22, 2011, copy attached. The easement is referenced on the plat. 4C. All existing access are clearly shown on the plat. 4D. Rights-of-way for County Roads 18 and 23 are shown as the existing 60 foot rights-of-way, with an additional 20 feet (10 on each side of the centerline of each road) indicated as a potential right-of-way expansion. In a meeting on October 28, 2010 with David Bauer and Heidi Hanson of the Weld County Department of Public Works, they indicated that an 80 foot right-of-way does not currently exist but is desired at some point in the future. Setbacks for new structures shall include the proposed expanded right-of-way. 4E. Fort Lupton Fire Protection District requirements for adequate surface access and numbering of address numbers on houses and drive way entrance will be properly posted as houses are constructed. 4F. Weld County School District RE-8 and applicant have reached an agreement to defer the school fee's until a building permits are issued. Copy of agreement dated January 25, 2011 is attached. 4G. Proposed Lots A, B and C comply with the (1) one acre net minimum size required by Weld County Code Section 24-8-40.L. 4H. Proposed Lot D complies with the (120) one hundred and twenty acre net minimum size required by Weld County Code Section 24-8-20.C.3. 41. Attached is a printout from the Weld County Treasurer's office indicating 2010 taxes of$63.25, which are not yet due. There are no delinquent taxes due on the property. 4J. Notes 11 through J18 have been placed on the plat. 5. Three paper copies are attached to this response letter. 6. If additional fees are required, please inform the applicant and they will be paid. 7. Upon final approval, and any revision to the plat attached, the surveyor will provide a digital copy of the Recorded Exemption. 8. Applicant believes that all conditions for approval have been met. Sincerely, Larry Clark For Golden ome Aggregates, LLC c/o 1205 West Elizabeth Street—PMB 134 Fort Collins, CO 80521 970-797-2187 larryclark@goldsteinenterprisesinc.com ATTACHMENT For Golden Dome Aggregates, LLC RE- 5057 Additional document for STAFF COMMENT 4B Copy of Recorded Deed of Dedication For Easement eRecorded in Weld County,CO Doc Id: 3751788 02/22/2011 03:30 P Page: 1 of 5 Total Fee: $31.00 Steve Moreno, Clerk and Recorder WHEN RECORDED RETURN TO: Golden Dome Aggregates,LLC 619 N.Cascade Ave.,Suite 200 Colorado Springs,CO 80903 PEED OF DEDICATION FOR EASEMENT KNOW ALL MEN BY THESE PRESENTS that Golden Dome Aggregates, LLC, a Colorado limited liability company (the "Grantor"), being the sole, legal and record owner of that certain parcel of real property in Weld County,Colorado, legally described as: The Northeast Quarter of Section 26,Township 2 North, Range 67 West of the 6"'P.M., County of Weld, State of Colorado, excepting therefrom that portion deeded in document recorded September 17, 1995 in Book 1430,Page 83,described as follows: Beginning at the Northeast Corner of said Section 26; thence North 89'40' West 1315 feet; thence South 17'00' East 585 feet; thence South 47'20' East 508 feet;thence South 6T12' East 859 feet; thence North 0'28' East 1296.6 feet more or less to the point of beginning; together with pasture lease located in portions of Sections 23 and 25, Township 2 North, Range 67 West of the 6th P.M.,County of Weld, State of Colorado(the"Property"); does hereby dedicate a non-exclusive, perpetual, private access and utility easement in, over, across,and under the portion of the Property that is legally described on Exhibit "A" and depicted on Exhibit "B" attached hereto and incorporated herein by this reference. Grantor's intent is to establish the easement set forth herein,and there shall be no merger by reason of the fact that Grantor owns the entire Property. 1. Benefit. Initially, the easement shall be for the sole use and benefit of Grantor and the legal record owner of Lots A, B, C and D of the Property("RE-5057")and said owner's encumbrancers, invitees, or assigns. Subsequently, Grantor may grant non-exclusive use and benefit of the easement to third parties who acquire a portion of the Property or any other adjacent property now or hereafter owned by Grantor. 2.Permitted Uses. The easement is for access and utilities purposes only. A. Access. The easement is limited to personal, family, and household use by pedestrians and passenger vehicles only for ingress to and egress to and from Lots A, B,C and D of RE- 5057. This provision does not restrict the temporary use of larger vehicles and equipment during the period of time necessary for road repair, maintenance,and improvement or for residential construction on any portion of RE-5057 or improvements thereto. B. Utilities. The easement is limited to the construction, installation, operation, maintenance, and repair of underground electric, water, gas, sewer, telephone, and other utility facilities with the right to reconstruct, improve, add to, enlarge, change, and remove such facilities. The legal record owner of Lots A, B, C and D shall have the duty and obligation to restore the easement to its original condition after any such construction, installation,operation,maintenance, repair, reconstruction, improvement, addition, enlargement, change, and/or removal of utilities within the easement. If such work is for the exclusive benefit of a specific lot owner said lot owner shall be responsible for the cost of said work. If the work is for the benefit of multiple owners, the costs shall be prorated between the owners equally, with a total distribution, should the work benefit all owners, of 25% of said costs being the responsibility of each lot owner. 3. Maintenance. Repair, and Improvement. At such time as Grantor subsequently transfers ownership of any or all of the lots in RE-5057 to third parties, the duty and obligation to -1- eRecorded in Weld County, CO Doc Id: 3751788 02/22/2011 03:30 P Page: 2 of 5 Total Fee: $31.00 Steve Moreno, Clerk and Recorder maintain, repair, and improve the easement shall be equitably apportioned between the legal record owners of Lots A,B, C and D at a prorated share of responsibility and costs of 25%to each such owner. Grantor shall expressly make such apportionment within the document granting the non-exclusive use and benefit of the easement to each third party. This Agreement imposes no obligations on any party to improve the easement. 4. Term. The easement shall be perpetual and shall run with the land concerning the Property. The easement,and the terms, rights,conditions, restrictions and limitations of this Agreement, shall run with and burden the Property, and shall inure to the benefit of any successor owners of the Property and its and their respective successors and assigns. 5. Indemnification. The legal record owners of Lots A, B, C and D shall indemnify and hold Grantor harmless from and against any and all bodily injury suffered or property damage incurred by Grantor or said owner while said owner, the owner's heirs, personal representatives, encumbrancers, invitees,or assigns is or are using the easement. 6. Enforcement. In the event any party to the easement incurs costs and attorneys fees in enforcing the terms of the easement, whether such enforcement is by lawsuit or otherwise, the prevailing party shall be entitled to reimbursement of all its reasonable attorneys' fees and costs by the other part(yxies). 7. No Prescriptive Rights; No Rights in the Public. The easement granted herein is not intended,nor will it create any prescriptive rights in the public to the easement. The legal record owners of Lots A,B, C and D shall have the right from time to time to temporarily close the right-of-way within the easement on their respective properties for a reasonable period of time in order to avoid the granting by prescription of any absolute rights in such right-of-way to third parties. The easement is not intended to, nor will it create any rights in the public. & Governing Law; Jurisdiction; and Venue. This easement shall be governed by and construed in accordance with the laws of the State of Colorado. The County and District Courts of Weld County, Colorado shall have the sole and exclusive jurisdiction and venue to decide any and all disputes arising out of this easement. The parties to this easement hereby irrevocably submit to the in personam jurisdiction and process of said Courts,and waive their rights to a trial by jury. 9. Remedies Cumulative. All rights, remedies, and recourses afforded by reason of this easement, or otherwise, are separate and cumulative and may be pursued separately, successively, or concurrently,as occasion therefor shall occur,and are nonexclusive and shall in no way limit or prejudice any other legal or equitable right, remedy, or recourse that is available.No single or partial exercise of any right or remedy shall preclude further exercise thereof or the exercise of any other right or remedy. 11. Payment of Taxes. The respective owner(s) of the Property subject to the Easement shall pay all real property taxes and assessments applicable to their portion of the Property and Lots so owned. 12. Notices. All notices, requests, demands, or other communications called for or contemplated under this easement to be given to a party shall be in writing and shall be deemed to have been duly given when personally delivered or, if mailed, three(3)business days after the date of mailing, by United States First Class Mail, proper postage fully prepaid, addressed to such party at the address listed for such party in such party's deed to the party's property, or at such other address as such party may subsequently designate to the other parties by written notice in accordance with the terms and conditions of this Section. -2- eRecorded in Weld County, CO Doc Id: 3751788 02/22/2011 03:30 P Page: 3 of 5 Total Fee: S31 .00 Steve Moreno, Clerk and Recorder 13. Severability. If any provision of this easement or portion thereof shall be found by any court having competent jurisdiction over this easement and the parties to be invalid, unlawful, or unenforceable, this easement shall nevertheless remain effective, but shall be considered amended to the extent considered by said court to be reasonably necessary to render said provision or portion hereof valid, lawful, and enforceable, and shall be fully enforceable as so amended. The parties do hereby expressly authorize any court of competent jurisdiction to modify any such provision or portion thereof in order that any such provision or portion thereof may be enforced by such court to the fullest extent permitted by applicable law. 14. No Waiver. The waiver by any party of a breach of any provision of this Agreement shall not be deemed a continuing waiver or a waiver of any subsequent breach of the same or any other provision hereof. Witness the undersigned Grantor's hand and seal this )(i day ofy4 ,20 I( . GRANTOR: GOLDEN DOME AG GATES,LLC, a Colored+' im ed liab' i company By: �\ / Print Name: Title: Authorized Representa ive State of Colorado ) )ss. County of Of Pogo ) The foregoing instrument was acknowledged before me this )6.. day of F buA , 20jf by 0. J / l rr1" as Authorized Representative of GOLDEN DOME AGGREGATES,LLC a Colorado li ited liability company. Witness my hand and official seal. My commission expires: jC.f^, 11 ,24!f --- Notary Public [SEAL] MICHAEL MUELLER NOTARY PUBLIC.STATE OF COLORADO My Comm Expires January 11, 2015 -3- eRecorded in Weld County, CO Doc Id: 3751788 02/22/2011 03:30 P Page: 4 of 5 Total Fee: $31.00 Steve Moreno, Clerk and Recorder E HX IBIT A LEGAL DESCRIPTION: A 30-FOOT WIDE NON-EXCLUSIVE ACCESS EASEMENT LYING IN THE NORTHEAST 1/4 OF SECTION 26,TOWNSHIP 2 NORTH, RANGE 67 WEST,OF THE 6TH P.M.,COUNTY OF WELD, STATE OF COLORADO AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BASIS OF BEARING: CONSIDERING THE NORTH LINE OF THE NORTHEAST 1/4 OF SECTION 26, TOWNSHIP 2 NORTH, RANGE 67 WEST, OF THE 8TH P.M.,AS BEARING SOUTH 89°40'03" EAST AND WITH ALL OTHER BEARINGS CONTAINED HEREIN RELATIVE THERETO. COMMENCING AT THE NORTH ONE-QUARTER OF SECTION 26,TOWNSHIP 2 NORTH, RANGE 67 WEST; THENCE ALONG THE NORTH LINE OF THE NORTHEAST 1/4 OF SAID SECTION 26 S 89°40'03"E FOR A DISTANCE OF 692.98 FEET TO THE POINT OF BEGINNING; THENCE DEPARTING SAID NORTH LINES 01°30'33"W FOR A DISTANCE OF 544.56 FEET; THENCE S 43°45'47" E FOR A DISTANCE OF 1144.10 FEET; THENCE N 46°14'13" E FOR A DISTANCE OF 30.00 FEET; THENCE N 43°45'47"W FOR A DISTANCE OF 1131.59 FEET; THENCE N 01°30'33" E FOR A DISTANCE OF 532.67 FEET TO A POINT ON THE NORTH LINE OF SAID SECTION 26; THENCE ALONG SAID NORTH LINE N 89°40'03"W FOR A DISTANCE OF 30.01 FEET TO THE POINT OF BEGINNING. CONTAINING A CALCULATED AREA OF 1.15 ACRES. SUBJECT TO COUNTY ROAD RIGHT-OF-WAY GARY K. HAMMER, PROFESSIONAL LAND SURVEYOR DATE COLORADO NO. 24307 FOR AND ON BEHALF OF HAMMER LAND SURVEYING, INC. 4350 STATE HIGHWAY 66 LONGMONT, CO 80504 eRecorded in Weld County, CO Doc Id: 3751788 02/22/2011 03:30 P Pace:5of5 Total Fee' $31 00 gill Steve Moreno, Clerk and Recorder g 9 �s G_ 89 g se yyySj{ N a K pO�.i19 p S $g 9,g i 9 O 8 S a m s n ii 0-.mami 931.30'13,1, 544.75' a 0 — �4 / �-N01'JO'3YE 532.67 tIl /(41, y� H � kh n 9 : tit y b O O e ,p`� A dis Ii ii 'u o w dp�� .4^,. N 4t N S oN C g m N �t g p7 9t O3. 411 Cii 1.1.4r Saw qF N x 80 A Cil ,.,.., 0 a A Cn te ' q H 01 II -,- ..w N s9 g rc to i-j § rm m a, V I § ATTACHMENT For Golden Dome Aggregates, LLC RE- 5057 Additional document for STAFF COMMENT 4F Agreement to Defer Weld County School District RE-8 Fee's Administration Office www.ftlupton.k12.co.us W ••"^« � • 301 Reynolds Street Ph: 303-857-3200 Fort Lupton, CO 80621 Fax: 303-857-3219 fort Lupton,colored° DEFERRAL OF CASH,IN-LIEU OF LAND DEDICATION,FEE THIS AGREEMENT is entered into this 2�day of S“Au a✓r 20 I between Weld County School District RE-8 and Golden Dome Aggregates,U.C,a Colorado Limited Liability Company,current landowner of a tract of land,upon final approval of Recorded Exemption,to be described as Recorded Exemption RE-5057,being a portion of the W2 and W2SE4 of Section 26,72N,R67W of the 6th P.M.,Weld County,CO. All parties agree and acknowledge a one-time fee in the exact amount of$939.00,or current required rate,per new lot is due the Weld County School District RE-8, in lieu of land dedication,in order to address the need for future school sites. This fee is a condition of final approval of RE-5057 by the Weld County Planning Department. Weld County School District RE-8 hereby defers said fee-per-lot to the time when the landowner files application for a building permit for each lot of the Recorded Exemption. The applicant shall be responsible for the payment due for each lot,as building permits are secured,and the party responsible for said payment may be different than landowner at the time of this agreement. Payment in the amount of$939.00 per-lot,or current required fee for each proposed lot of Recorded Exemption RE-5057,shall be payable to Weld County School District RE-8 at 301 Reynolds Street,Fort Lupton,CO 80621. For Golden Dom.Apregna,LLC a reload.,limited Liability Company / By: Awr•n Pw(. w 1I q-S/2o iI Sign 7 S n _ OJtt / Pm As ALM%'.rtCtrl £q(C44J' aEWe Title STATE OF COLORADO ) ] p ps county of r'! "Az ) ���y4 The foregoing inMtmcw wn acknowledged before me thi2_ day of JAWAar 200,by AwR".i M. P tree Whore my had and officio]scat. My commission expires/(—t f-,,rjtIs -I.- ' % .• 'WanCountyDistrict _� Tide ��Jg!�N M ........ t STATE OF COLORADO p :'NOT '•:92•O1 f County of \0\ri ) h \ C� `\ \ ,'Rek • ' c' 4 The fereRomg innumem wn acknowledged before me this day of Y 11ri1Li NIL,byStocldt-, 7 cJ{ -.`r /�. 110 :C/7i Minns my hadad official reel ) ffffyt (d a Mycommiadonee ka: �-0'\d� IIt OA'.•C I C••a'O '� N Public tAk CbLORPn=- (SEAL] A community united for student success...college ready! Una comunidad unida pare el exito de sus estudiantes... iListos pars la universidad! ATTACHMENT For Golden Dome Aggregates, LLC RE- 5057 Additional document for STAFF COMMENT 4J Copy of Weld County Tax Collector's Tax Statement Weld County Treasurer Statement of Taxes Due Account Number R5429086 Parcel 131126000028 Assessed To GOLDEN DOME AGGREGATES LLC 619 N CASCADE AVENUE STE 200 COLORADO SPRINGS.CO 80903 Legal Description Situs Address 20404 NE4 26 2 67 EXC BEG AT NE COR N89040'W 1315'S17000'E 585'547020'E 508' $62D12'E 859'N0D28'E 1296.6'TO BEG(26.67A M/L)(4R) Year Charges Billed Payments Balance 2010 Tax $63.25 $0.00 $63.25 Grand Total Due as of 03/01/2011 $63.25 Tax Billed at 2010 Rates for Tax Area 3686-3686 Authority Mill Levy Amount Values Actual Assessed WELD COUNTY 16.8040000* $17.13 AG-GRAZING LAND $3,512 $1,020 SCHOOL DIST RE8 25.3190000 $25.83 Total $3,512 $1,020 CENTRAL COLORADO WATER 0.4250000 $0.43 (CCW CENTRAL COLORADO WATER 1.3390000 $1.37 SUBD FORT LUPTON FIRE 6.1010000 $6.23 FORT LUPTON FIRE(BOND 2022 2.3800000 $2.43 AIMS JUNIOR COLLEGE 6.3600000 $6.49 HIGH PLAINS LIBRARY 3.2810000 $3.34 Taxes Billed 2010 62.0090000 $63.25 Credit Levy ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE LIENHOLDER OR TO ADVERTISING AND DISTRAINT WARRANT FEES. CHANGES MAY OCCUR AND THE TREASURER'S OFFICE WILL NEED TO BE CONTACTED PRIOR TO REMITTANCE AFTER THE FOLLOWING DATES: PERSONAL PROPERTY AND MOBILE HOMES-AUGUST 1, REAL PROPERTY-AUGUST 1. Weld County Treasurer•P.O. Box 458,Greeley CO 80632• 1400 N 17th Ave,Greeley CO 80631 •(970)353-3845 ext.3290 • Chris Gathman From: Chris Gathman Sent: Monday, November 29, 2010 9:40 AM To: 'Larry Clark' Subject: RE-5057 - Golden Dome Aggregates - staff review comments & referrals Attachments: re 5057 staff comments.doc; Referral comments.pdf Larry, Here are the staff comments and referral comments for your recorded exemption. Let me know if you have any questions. Sincerely, Chris Gathman Planner III Weld County Department of Planning Services 1555 N. 17th Avenue, Greeley CO. 80631 Ph: (970)353-6100 ext. 3537 Fax: (970)304-6498 1 • DEPARTMENT OPLANNING SERVICES 1555 N. 17th GREELEY, COLORADO 80631 PHONE: (970) 353-6100, EXT. 3540 FAX: (970) 304-6498 COLORADO Date: October 18, 2010 Applicant: Golden Dome Aggregates Project: Four-Lot Recorded Exemption Case Number: RE- 5057 Parcel Number: 1311 26 000028 1. Based on the information supplied; no building permits will be required. Sincerely, Ken Swanson Building Official Weld County Building Department at:a;« „' Administration Office www.ftlupton.k12.co.us IAIoI . . 301 Reynolds Street Ph: 303-857-3200 Fort Lupton, CO 80621 Fax: 303-857-3219 fort lupton,colorado Weld County Planning Department October 7, 2010 GREELEY OFFICE 0CT 1 1 ?nln RECEIVED Chris Gathman Weld County Planning Department 918 10th Street Greeley, CO 80631 RE: Weld County Referral Golden Dome Aggregates Recorded Exemption RE-5057 Thank you for referring Golden Dome Aggregates exemption to the School District. Based upon expected student generation rates from what appears to be the possibility of three new single- family units residential lot with auxiliary quarters on approximately 3 Yz acres, the new homes would generate approximately 3 new students to be accommodated within district. Bus transportation would likely be provided. It is understood that approval of the proposed new lot does not yet add residential units to enrollment potential. However, certain school issues should be considered at this important juncture, including school site planning, transportation access and facility capacity. The current facilities that would serve this lot are Twombly Elementary or Butler Elementary, Fort Lupton Middle School and Fort Lupton High School. Capacities and enrollments of these schools are: Seats Student Enrollment Available School (Grades Served) Capacity (10/1/09) (Short) Twombly Primary (PK-5) 530 584 (54) Butler Elementary(PK-5) 668 560 108 Fort Lupton Middle School (6-8) 890 487 403 Fort Lupton High School (9-12) 770 639 131 The District is on record as not opposing growth so long as the growth is planned and is manageable from a student enrollment standpoint. This development could impact all levels of schools. In addition, even without this project, completion of other previously approved developments would generate more students than can be accommodated by the existing schools. As the volume of developments increases with no alleviation of the existing capacity conditions, the ability to provide the same quality education for these new students becomes increasingly difficult. Weld County School District RE-8 requests the cooperation and participation of the developer to provide cash in-lieu of land dedication fee, (currently $939 per new lot), to address A community united for student success...college ready! Una comunidad unida para el Oxito de sus estudiantes... iListos para la universidad! • 2 • the need for future school sites. Further, the District requests that the County assist with monitoring residential growth working and consider facility capacity impacts upon the schools in determining whether a new project should be approved. We appreciate your cooperation and the opportunity to comment upon the issues of interest to both the County and the School District. We ask that the recorded exemption not be approved until the applicant demonstrates that the cash in-lieu of land dedication fee has been paid, or that arrangements have been made with the School District. If you have any questions or need additional information, please do not hesitate to contact me at (303) 857-3210. Sincerely, `` `�y7 cv"acs /J C)tritif.„0.4,... Brenda S. Johnson Business Manager bsj/tlb a DEPARTMENT OF PLANNING SERVICES 1555 N 17th AVE GREELEY, CO 80631 PHONE: (970)353-6100, Ext. 3540 FAX: (970)304-6498 O C. COLORADO September 30, 2010 Golden Dome Aggregates do Larry Clark 1205 W Elizabeth St; PMB 134 Ft. Collins CO 80525 Subject: RE-5057 - A Recorded Exemption located on a parcel of land described as W2 and W2SE4 of Section 26, T2N, R67W of the 6th P.M., Weld County, Colorado. Dear Applicants: Your recorded exemption application is being processed. If it is determined that the application meets the approval criteria of Chapter 24 of the Weld County Code, you will be notified that the recorded exemption is approved. If staff determines that the application does not meet the approval criteria or if staff has concerns with the application, staff may elect to forward the application for review to the Board of County Commissioners. You will be notified and asked to appear before the Board of County Commissioners at a public hearing. You will be informed of the hearing date prior to the hearing. The Board of County Commissioners will then consider your application and make a final decision on the recorded exemption. It is the policy of Weld County to refer an application of this nature to any town or municipality lying within three miles of the property in question or if the property under consideration is located within the comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy of the submitted materials to the Firestone, Ft. Lupton, and Frederick Planning Commission for their review and comments. It is recommended that you and/or a representative be in attendance at the Firestone, Ft. Lupton, and Frederick Planning Commission meeting to answer any questions the Commission members may have with respect to your application. Please call Firestone at 303-833-3291, Ft. Lupton at 303-857- 6694, and Frederick at 720-382-5500, for further details regarding the date, time, and place of this meeting. If you have any questions concerning this matter, please call me. Sincerely, Digitally signed by Kristine Ranslem ,(`, '2;, Reason:I am the author of this document / '/ y Locdti0n'.1555N1)[II Avp /v✓� -1 � � Date:3010 09 30 10:Oa.36 06'00' Chris Gathman Planner f i Kristine Ranslem From: Kristine Ranslem Sent: Thursday, September 30, 2010 11:39 AM To: Ken Poncelow; Bethany Salzman; 'joanna.williams@state.co.us'; 'linda.brown- smith@state.co.us'; 'chris.mettenbrink@state.co.us'; 'cindy.einspahr@co.usda.gov'; 'Rebecca Toberman'; 'brucenickerson@me.com'; 'Todd Hodges'; 'Jennifer Simmons'; 'jodi@cwcwd.com'; 'roxanne@cwcwd.com'; 'Richard Hawley'; 'gmcginn@ftluptonfire.com' Subject: RE-5057 Referral Attachments: Referral Sheet.pdf; Application.pdf We have just received a case (RE-5057) in which we ask that you review the attached material and send a referral to us by October 30, 2010. Attached is the application and referral sheet. You may send your comments to the Planner assigned to this case, which is Chris Gathman (cqathmanco.weld.co.us) If you have any problems with the attachments, we will provide hard copies upon request. Thank you! KrktLwe R.cwAsLevu, Planning Technician Weld County Planning Services 1555 N 17th Ave, Greeley CO 80631 970-353-6100 ext. 3519 Kristine Ranslem From: Kristine Ranslem Sent: Thursday, September 30, 2010 11:39 AM To: larryclark@goldsteinenterprisesinc.com' Subject: Case RE-5057 Attachments: Applicant letter.pdf Please see the attached letter. Let us know if you have any questions. Thank you! KrLstLwe RGiwsLevw Planning Technician Weld County Planning Services 1555 N 17th Ave, Greeley CO 80631 970-353-6100 ext. 3519 1 ' " " R ' APPLICATION FLOW SHEET WUDc COLORADO APPLICANT: Golden Dome Aggregates CASE #: RE-5057 REQUEST: Four Lot Recorded Exemption LEGAL: ?I�W2 Ji. W2iy E4 26-2-67 � atAin 1S LOCATION: West of and adjacent to CR 23 and test of and adjacent to CR TEi . PARCEL ID #: 131126000028 ACRES: +/- 129.5 acres Date By Application Received 9/27/10 Application Completed 9/29/10 Referrals listed 9/29/10 CG Vicinity map prepared File assembled Case logged in computer Letter to applicant mailed Referrals mailed Field check by DPS staff I 1 /2.3 ) 1 O Administrative Review decision:_ <-p✓caa 11/21-1 ) 10 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 0)/ /3 lie B� Overlay Districts N I L� 1oA, Zoning Agricultural MUD YesNo_X_ VLVAz7e 3 S IGA Yes No_X_ � u E Airport Yes No_X_ "G J� eF Lair- \ Geologic YesNo_X_ VolO— ?Dr �Z Flood Hazard YesNo_X_ Panel#080266 7 e Aoz a� 7, 7 En•- RECORDED EXEMPTION (RE) APPLICATION FOR PLANNING DEPARTMENT USE DATE RECEIVED: RECEIPT/AMOUNT# /$ CASE#ASSIGNED: APPLICATION RECEIVED BY PLANNER ASSIGNED: Parcel Number I3 I I - Z 47 - 0 - O U - 0 .2- B (12 digit number�l-found on Tax I.D.information,obtainable at the Weld County Assessors Office,or www.co.weld.co.us) Legal Description IVE41 QXCapt ma-6. , Section 26, Township a North, Ranged?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:Name: VO N DDMi; AGERon.IkS)� Work Phone# (,'107gl-21$7Home Phone# cm N2-`s015 Email Address lllrvl�t;tu,(�c, Q I61.51an- einivpi ¢n,ng.ow, Address: L A 5C OE RUC-• 5u,m 2100 City/State/Zip Code (Ot-OR,Ltiov 5FRIIQ65. CO APPLICANT OR AUTHORIZED AGENT (See Below:Authorization must accompany all applications signed by Authorized Agent) Name: ( Lrntcy a is Work Phone#�9'1U) 'Iq1- 2l8lHome Phone#V71))4q2-51'16 Email Address lull thmit Cugbltkitinewttivpnsisinc,tp:.1 Address: 12 -5 W C(.IZAf3Crk 51/ MC5 I34 City/State/Zip Code FOOT CO LL II-5, Co 8D525 Lot A Lot B Lot C Lot D Smaller Parcel C64)CAD Water Source A PPLY k)/I LOG 14914-V 4 404A6I-r RPPLY w/$*(1- APPLY W WIT- 41191-1 1'PLY wif(�M�r Type of Sewer ATM (P/ Riga LZM i T APPLY w/ F} I T- 41191-1 wiYERM T Proposed Use RE-3(POUT iprt- Rta51 D6 kill Al- P.C1:5 tPeAril In AG Acreage 3 11- A. ; u.. iii rXrt_ 3 V. I?;Q,,s min. ?,IF/' Existing Dwellings? If Yes, list address If Yes, list address If Yes, list address If Yes, list address J below: /p(o5 y below: /0/x5 6 below:/045'g below:/U G 5,e)tit' No 2R-4 No c/2-it k) p "8 ND edi9 • If the property is vacant or unimproved write proposed water source and proposed sewer system for each parcel in the blanks above. For example,if a well and septic is proposed state:proposed well,proposed septic. I (We) request that the following described property be designated a Recorded Exemption by the Weld County Board of County Commissioners. I (We) hereby depose and state under penalties of perjury that all statements, proposals, and/or plans submitted with or contained within the application are true and correct to the best of my (our)knowledge. Signatures of all fee owners of property must sign this application. If an Authorized Agent signs, a letter of authorization from all fee owners must be included with the application. If a corporation is the fee owner, notarized evidence must be included showing the signatory has the legal authority to sign for the corporation. OCk 9/1) to Signature: wner or Authorized Agent Date Signature: Owner or Authorized Agent Date •olden Dome Aggregates, LL• 619 North Cascade Avenue—Suite 200 • Colorado Springs, CO 80903 C/O—Mark Goldstein—1205 W. Elizabeth St—PMB 134 • Fort Collins, CO 80521 • 970-797-2187 August 31, 2010 Weld County Planning 918 Tenth Street Greeley, Co 80631 Dear Representative: This letter hereby names: Larry Clark Goldstein Enterprises, Inc. 1205 W. Elizabeth, PMB 134; Fort Collins, Co 80521 E-Mail: larryclark@goldsteinenterprisesinc.com as the Authorized Agent to act on our behalf regarding the filing of the following: Proposed Sandhill 4 Lot Recorded Exemption described as follows: The Northeast Quarter of Section 26, Township 2 North, Range 67 West of the 6th P.M., County of Weld, State of Colorado, excepting therefrom that portion deeded in document recorded September 17, 1995 in Book 1430, Page 83, described as follows: Beginning at the Northeast Corner of said Section 26;thence North 89'40' West 1315 feet;thence South 17°00' East 585 feet;thence South 47°20'East 508 feet;thence South 62'12' East 859 feet;thence North 0'28' East 1296.6 feet more or less to the point of beginning;together with pasture lease located in portions of Sections 23 and 25, Township 2 North,Range 67 West of the 6th P.M.,County of Weld,State of Colorado; Together with reserved pasture rights as set forth in document recorded September 17, 1955 in Book 1430, Page 83,and related documents; Together with that 99 Year pasture Lease,as set forth in document recorded July 14, 1976,at Reception No.1693632. Gol en Dome Aggregates Date State of Colorado / County of L_lAnk The foregoing Letter of Authorized Agent was acknowledged before me by Mark S. Goldstein, as O pe rating Partner of Golden Dome Aggregates, Inc., this 0215day of SCPrEMea-- , 2010, Witn ss my hand and official seal L NO ARY P BLIC t4ot,dp✓ V r My commission expires: 1113/2014 4r •: KATHRYN Li y. ilf COMMS>EXPIRES: Milt I August 31, 2010 Recorded Exemption Application Questionnaire NOTE: The applicant has granted authority to the individual referenced below to act on their behalf as Authorized Agent. Please address any correspondence or questions to: Larry Clark c/o Goldstein Enterprises, Inc. 1205 W. Elizabeth Street, PMB 134 Fort Collins, CO 80521 970-797-2187 larryclark@goldsteinenterprisesinc.com 1. Water Source: Currently there are no domestic or irrigation wells on the subject property. Upon obtaining a building permit for Proposed Lots A, B, C or D we will apply for a domestic well permit and have it engineered, designed and constructed to meet Weld County's water well specifications. 2. Septic Source: Proposed Lots A, B, C or D will file for septic permits at the time of construction and a engineered septic system will be designed, constructed and permitted to Weld County ISDS requirements. 3. Currently there are no improvements on the property. All land is being used for agriculture purposes. There is a perpetual grazing right which comprises approximately (5) five acres along the north eastern boundary line of the subject property. Currently there is no livestock or sprinkler\irrigation equipment on the subject property. All oil and gas facilities are located on Proposed Lot D. (See map). 4. Proposed Lot C is located near the northeasterly center of the subject property and will contain approximately 3 acres. Proposed Lot B will be located directly West of Lot C and will contain about 3 acres while Proposed Lot A will be located directly West of Lot B and will comprise approximately 3 acres. All four lots will be used for future single family homes. Proposed Lot D comprises the remainder of the land containing a minimum of 120 acres. Proposed Lot D can have a residence but will continue to be utilized for oil & gas production and agricultural purposes. 5. Sandhill Reservoir lies adjacent to northeast of the subject property. 6. No building envelopes are requested. 7. There are no business uses or uses by special review. • • Weld County Treasurer Statement of Taxes Due Account Number R5429086 Parcel 131126000028 Assessed To GOLDEN DOME AGGREGATES LLC 619 N CASCADE AVENUE STE 200 COLORADO SPRINGS,CO 80903 Legal Description Situs Address 20404 NE4 26 2 67 EXC BEG AT NE COR N 89D40'W 1315'S 17D00'E 585'S47D20'E 508'$62D 12'E 859'NOD28'E 1296.6 TO BEG(26.67A M/L)(4R) Year Charges Billed Payments Balance 2010 Tax $63.25 $63.25 $0.00 Grand Total Due as of 04/05/2011 $0.00 Tax Billed at 2010 Rates for Tax Area 3686-3686 Authority Mill Levy Amount Values Actual Assessed WELD COUNTY 16.8040000* $17.13 AG-GRAZING LAND $3,512 $1,020 SCHOOL DIST RES 25.3190000 $25.83 Total $3,512 $1,020 CENTRAL COLORADO WATER 0.4250000 $0.43 (CCW CENTRAL COLORADO WATER 1.3390000 $1.37 SUBD FORT LUPTON FIRE 6.1010000 $6.23 FORT LUPTON FIRE(BOND 2022 2.3800000 $2.43 AIMS JUNIOR COLLEGE 6.3600000 $6.49 HIGH PLAINS LIBRARY 3.2810000 $3.34 Taxes Billed 2010 62.0090000 $63.25 *Credit Levy ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE LIENHOLDER OR TO ADVERTISING AND DISTRAINT WARRANT FEES. CHANGES MAY OCCUR AND THE TREASURER'S OFFICE WILL NEED TO BE CONTACTED PRIOR TO REMITTANCE AFTER THE FOLLOWING DATES: PERSONAL PROPERTY AND MOBILE HOMES-AUGUST 1.REAL PROPERTY-AUGUST 1. Weld County Treasurer•P.O. Box 458,Greeley CO 80632•1400 N 17th Ave,Greeley CO 80631 •(970)353-3845 ext. 3290 • Weld County Treasurer Account Parcel Number Receipt Date Receipt Number R5429086 131126000028 Feb 18, 2010 2010-02-18-10-7744 GOLDEN DOME AGGREGATES LLC 619 N CASCADE AVENUE STE 200 COLORADO SPRINGS,CO 80903 Sltus Address Payor Legal Description 20404 NE4 26 2 67 EXC BEG AT NE COR N89D40'W 1315'S17D00'E 585'S47D20'E 508' S62D12'E 859' N0D28'E 1296.6' TO BEG (26.67A M/L)(4R) Property Code Actual Assessed Year Area Mill Levy AG-GRAZING LAND-4147 3,512 1,020 2009 2228 59.325 Payments Received Net Vantage Multi-Account Payment Check Number 001001 Payments Applied Year Charges Billed Prior Payments New Payments Balance 2009 Tax $60.51 $0.00 $60.51 $0.00 $60.51 $0.00 Thank you for your payment all payments subject to final bank clearance • Identify Results Page 1 of 1 WELD COUNTY ASSESSOR PROPERTY PROFILE Account#: R5429086 Parcel#: 131126000028 Tax Area: 2228 Bordering County: Acres: 129.5 Township_Range Section_Quart. Sec. Subdivison Name Block# Lot# 02 - 67 - 26 - 0 - - Owners Name&Address: Property Address: GOLDEN DOME AGGREGATES LLC Street: 619 N CASCADE AVENUE STE 200 City: COLORADO SPRINGS, CO 80903 Business/Complex: Sales Summary Sale Date Sale Price Deed Type Reception # 12/15/2009 $4,200,000 SWD 3665828 Legal Description 20404 NE4 26 2 67 EXC BEG AT NE COR N89D40'W 1315' 517D00'E 585' S47D20'E 508' $62D12'E 859' N0D28'E 1296.6' TO BEG (26.67A M/L) (4R) Land Valuation Summary Land Type Abst Code Unit of Number of Assessed Actual Value Measure Units Value Agricultural 4147 Acres 5.69 Agricultural 4147 Acres 123.81 Land Subtotal: 129.5 $3,512 $1,020 No Buildings on Parcel http://maps2.merrick.com/W ebsite/W eld/setSgl.asp?cmd=QUERY&DET=PP&pin=131126... 9/7/2010 REFERRAL LIST Name: Golden Dome Aggregates Case #: RE-5057 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 x Sheriffs Office _Eaton _Eaton F-4 x Public Works _Erie x Fort Lupton F-5 _Housing Authority _Evans _Frederick _Airport Authority x Firestone _Galeton F-6 x Building Inspection x Fort Lupton _Hudson F-7 x Code Compliance x Frederick _Johnstown F-8 Kim Ogle (Landscape Plans) _Garden City _LaSalle F-9 _Lin (Addressing Change of Zone) _Gilcrest _Mountain View F-10 Ambulance Services _Greeley _Milliken F-11 _Grover _Nunn F-12 State _Hudson _Pawnee F-22 x Div. of Water Resources _Johnstown _Platteville F-13 _Geological Survey _Keenesburg _Platte Valley F-14 _Department of Health _Kersey _Poudre Valley F-15 _Department of Transportation _LaSalle _Raymer F-2 Historical Society _Lochbuie _Southeast Weld F-16 _Water Conservation Board _Longmont _Union Colony F-20 _Oil & Gas Conservation Commission _Mead _Wiggins F-18 _Milliken _Windsor/Severance F-17 Division of Wildlife _New Raymer x 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 x Platte Valley _Boulder West Adams _Broomfield _Little Thompson _Larimer Federal Government Agencies Other _US Army Corps of Engrs x School District RE-8 _USDA-APHIS Vet Service x Central Colo. Water Cons Federal Aviation Admin (Structures _RR over 200 ft or w/in 20000 ft of Pub _Ditch Company Airport _Art Elmquist(MUD Area) _Federal Communications Comm � � Referral List C�� 505—) Name: (-2O � Case# County owns&Cities FiWistricts Attorney Ault Ault F-1 'K Health Department Berthoud Berthoud F-2 Extension Office Briohton Briaasdale F-24 Fmeraencv Manaaement Office-Ed Herring Darono Briohton F-3 $ Sheriffs Office Faton Eaton F-4 A Public Works Erie X Fort Lupton F-5 Housina Authority Evans Galeton F-6 Airoort Authority X Firestone Hudson F-7 X Buildina Inspection J( Fort I uoton Johnstown F-8 X Code Compliance X Frederick I aSalle F-9 Assessor Office/Chris Woodruff(Final.Plan) Garden City Mountain View F-10 Kim Dale(I andscaoe Plans) Gitcrest Milliken F-11 Lin or Peaav(Addressing Chanoe of Zone) Greeley Nunn F-12 Ambulance Service& Grover Pawnee F-22 State Hudson Platteville F-13 k Div of Water Resources Johnstown Platte Valley F-14 Geolooical Survey Keenesbura Poudre Valley F-15 Department of Health Kersey Ravmer F-2 Department of Transportation I aSalle Southeast Weld F-16 Historical Society I ochbuie Union Colony F-26 Water Conservation Board I onamont Western Hills F-20 Oil&Gas Conservation Commission Mead Wiaains F-18 Division of Wildlife Milliken Windsor/Severance F-17 X South Hwy 66(Loveland) New Ravmer North Hwy 66(Greeley) Northolenn I eoal Division of Minerals/Geology Nunn Parcel ID# Soil Conservation Districts Pierce 7one Acres Bid Thompson Platteville USDA Boulder Valley Severance Airport .. 1No Briohton Thornton Geo Haz W D Centennial Windsor FP's i\I 0 Panel# Fort Collins Counties Road Impact Fee Area'? Greeley Adams (SW/41 #2 #3 Windsor t Lonamont Boulder IGA' ORD# Morgan Broomfield MUD'S X Platte Valley _Southeast Weld Other West Adams A(Central Cob.Water Conservancy Dist Federal Government Agencies _Left Hand Water _US Army Corps of Enqrs ASchool District RE- B _USDA-APHIS Vet Service _Art Elmquist(MUD Area) _Federal Aviation Admin(Structures over _Ditch Company, over 200 ft or w/in 20000 ft of Pub Airport Commissioner Federal Communications Comm • r LLl 1 9401 OCT - t eta VELD j' r LV 'Y' ;(S DEPT j Weld County Referral C. September 30, 2010 COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Golden Dome Aggregates Case Number RE-5057 Please Reply By October 30, 2010 Planner Chris Gathman Project Four Lot Recorded Exemption Legal W2 and W2SE4 of Section 26, T2N, R67W of the 6th P.M., Weld County, Colorado. Location West of and adjacent to CR 23 and south of and adjacent to CR 18. For a more precise location, see legal. Parcel Number 1311 26 000028 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. U We have reviewed the request and find that it does/does not comply with our Comprehensive Plan U We have reviewed the request and find no conflicts with our interests. 73 See attached letter. ❑ Please notify me of any public hearings regarding this request. Comments: • Signature / { _ c; Date /G -C Y re Agency kuLAC (njC r fCS •.Weld County Planning Dept. 4.1555 N 1T"Ave, Greeley, CO.80631 t(970) 353-6100 ext.3540 t(970)304-6498 fax • �eld County PMnntne U,p,rtf118nt Kitt?1,1- , GREr L 'f ICS MEMORANDUM Noy( - C VED TO: Chris Gathman, Planning Services cp ember c,Z010 WI DC FROM: Heidi Hansen, P.E., Public Works Department 4,1 COLORADO SUBJECT: RE-5057, Golden Dome Aggregates, LLC The Weld County Public Works Department has reviewed this proposal. Staff comments made during this phase of the process may not be all-inclusive, as other concerns or issues may arise during the remaining application process. Issues of concern must be resolved with the Public Works Department. Our comments and requirements are as follows: COMMENTS: WCR 18 & WCR 23 are collector roads and require an 80-foot right-of-way at full build out. There is presently a 60-foot right-of-way. These roads are 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: The applicant has proposed two new accesses. These accesses cannot be granted on a collector roadway. The access to Lot C is in between two curves on WCR 18 and cannot cross the pasture. The shared access for Lots A and B may be too close to the curve on WCR 18. All of the lots must share an access. The lots may need to be rearranged to accomplish this in an efficient manner. When arranging the site please keep the County's access policy in mind: When feasible, there shall be no net increase in the number of accesses to a public road. The applicant shall submit a plan to the Department of Planning Services indicating how they propose to provide adequate access to all lots without creating a net increase. The submitted information shall be reviewed in accordance with Chapter 8, Article II and Chapter 24, Article II, Section 24-8-40 of the Weld County Code. 1. Please submit a plan showing all of the lots sharing an access on to WCR 18. An access easement may be used to provide access between lots. The minimum width of an access easement should be 30 feet and please consider how maintenance of the access will be shared. 2. Please apply for an Access Permit for the new shared access. The application form for an Access Permit is available on the County website htto://www.co.weld.co.us/Departments/PublicWorks/Permits/Applications.html . Please contact the Public Works Traffic Engineer with any questions about the access permit process. 3. Lot D shall utilize the existing agricultural, oil and gas and ditch road accesses. No additional accesses will be granted. 4. 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: RE-5057 Page 1 of I M:\PLANNING^DEVELOPMENT REVIEW\RE-Recorded Exemption\RE-5057.docx 4�0 CO 4+J, Weld County Public Works Dept. 3 - 1111 Fl Street ACCESS PERMIT ,fl rtt, er h P.O. Box 758 G�<)C W*4• r GreeleY(9 0)304-6496 CO 80632 APPLICATION FORM Fax: (970)304-6497 Applicant Property Owner(If different than Applicant) Name LARD, aLA2sc Name 66 LOEN DOME A666REGAE5, LLC. Company,.I G&LOEN DUMQ [k66R€OX1tS) LLC Address (01q N. CASCAvc AVE, Sit 20o Address NO 1205 W. ELi ZAF3Eflf 51; PWto 134 CityCOLIRAPD 5PRIA)65State Co Zip SOg03 City FORT Co-[-INS State CD Zip ©525 Phone @n1L) 1q'1 -zig1 Business pone 6/10iql-2j$7 Fax 01U) (042 - 8342 FaK V1 ) (04g - 3 342 E-mail Ian)Clatk. Q uTI6154 n.zvt¢-,fAU.sCsln(!. co,A E-mail LARt2y CLU-i .a6t,LpSTtINEN ERPRI SESIIJC,toM A.Existing Access A=Proposed Access Parcel Location&Sketch e°. JO col) The access is on WCR Iia Nearest Intersection:WCR ICt &WCR 23 WCR A Distance from Intersection I QU6 (sfprOX. ; A % '` Pt};, ' rig 061 C Parcel Number 1311260000as ,) Li I� m y( v. Om SZ6 i2 �� to N 06 N Section/Township/Range_ t 1§1 I0666 Lc Is there an existing access to the prop/erty? YES*JO O N Number of Existing Accesses `3 (03rs6..il'k+.(-Q ) Road Surface Type&Construction Information Asphalt O Gravel O Treated O Other WCR 21.5 Culvert Size&Type Materials used to construct Access Construction Start Date Finish Date Proposed Use ©Temporary(Tracking Pad Required)/$75 ! Single Residential/$75 . O Industrial/$150 ()Small Commercial or Oil&Gas/$75 O Large Commercial/$150 O Subdivision/$150 ()Field (Agriculture Only)/Exempt Is this access associated with a Planning Process? ❑No ❑USR ERE ❑PUD ❑ Other Required Attached Documents - Traffic Control Plan -Certificate of Insurance -Access Pictures (From the Left, Right,&into the access) By accepting this permit,the undersigned Applicant, under penalty of perjury,verifies that they have received all pages of the permit application;they have read and understand all of the permit requirements and provisions set forth on all pages;that they have the authority to sign for and bind the Applicant,if the Applicant is a corporation or other entity;and that by virtue of their signature the Applicant is bound by and agrees to comply with all said permit requirements and provisions,all Weld County ordinances,and state laws regarding facili 'es construc ion. Signature /I-e Printed Name x S. t 5'7c-..1 Date g•}!. bib Approval or Denial will be issued in minimum of 5 days. Approved by Revised Date 6/29/10 . Submit by Email Print Form CWeld County ReferralSeptember 30 2010 COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Golden Dome Aggregates Case Number RE-5057 Please Reply By October 30, 2010 Planner Chris Gathman Project Four Lot Recorded Exemption Legal W2 and W2SE4 of Section 26, T2N, R67W of the 6th P.M., Weld County, Colorado. Location West of and adjacent to CR 23 and south of and adjacent to CR 18. For a more precise location, see legal. Parcel Number 1311 26 000028 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 ❑x 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: Upon review of my case files and computer,no violations were noted. Signature !�\ Date 10/01/2010 Agency oning Compli rce Offer +Weld County Planning Dept. +1555 N 17'"Ave, Greeley,CO.80631 4(970)353-6100 ext.3540 4(970)304-6498 fax 10-12-10;01 :43PM; ;303 857 6619 # 1/ 2 • �r submitbyEmall, PriritlForm tretsHlist, lURe Weld County Referral September 30, 2010 COLORADO P The Weld County Department of Planning Services has received the following item for review. Applicant Golden Dome Aggregates Case Number RE-5057 Please Reply By October 30,2010 Planner Chris Gathman Project Four Lot Recorded Exemption Legal W2 and W2SE4 of Section 26,T2N, R67W of the 6th P.M.,Weld County, Colorado. Location West of and adjacent to CR 23 and south of and adjacent to CR 18. For a more precise location,see legal. Parcel Number 1311 26 000028 The application is submitted to you for review and recommendation. My comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. My response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that 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 $I We have reviewed the request and find no conflicts with our interests. tigSee attached letter. Please notify me of any public hearings regarding this request. Comments: Signature Date /0-12-10 Agency Fort L yfon Fre frdtecl.on [Mkt *Weld County Planning Dept. ♦1555 N 17th Ave, Greeley,CO.80631 •(970)353-6100 ex1.3540 +(970)304-6498 fax '0-12-10. 01 :43PM; :303 857 6619 # 2/ • • FORT LUPTON FIRE PROTECTION DISTRICT PLAN REVIEW REPORT and PERMIT Plans submitted to FLFPD are reviewed for compliance with the fire code as adopted and/or amended. This report is intended to provide the submitter with the status of plan approval,and any comments that may require further information,verification or action for approval of plans. All plans may be subject to field inspection and/or testing for final approval prior to sign off on a Certificate of Occupancy or Certificate of Inspection. The approval of plans constitutes a permit to commence work where required by the fire code, and is subject to the conditions as may be noted in the comment section below. Project: Golden Dome Aggregates Address: Parcel# 1311-26-0-00-028 WCR 18 and WCR 23 South West Corner Plan Description: Four Lot Recorded Exemption Submitted by: Chris Gathman Submitter Phone#: 1-970-353-6100 ext 3540 Submitter email: Permit#: RE-5057 Submittal Date: 9-30-2010 Approval Status: Approved with comments Reviewed by: Greg McGinn Date: 10-12-2010 Comments: The following shall apply when houses are present on these lots. 1. Driveways for fire department access must be designed and maintained to support fire apparatus and be surfaced to provide all weather driving capabilities. 2. Address numbers must be posted on the house and also at the driveway entrance off of the main roads. Numbers must be at least 4 inches tall, %2 in width, and be on a contrasting backboard. 10/12/2010 14:10 3038570351 CITY OF FT LUPT0N PAGE 02/02 • 5�t6i;=lf byrY e(j . 6hlnt F6trh :,1 Weld County Referral MIK September 30, 2010 COLORADO The Weld County Department of Planning Services has received the following Item for review: Applicant Golden Dome Aggregates I Case Number RE-5057 Please Reply 8y October 30.2010 Planner 'Chris Gathman Project Four Lot Recorded Exemption Legal W2 and W2SE4 of Section 28,T2N,R61W of the 6th P.M.,Weld County,Colorado, Location West of and adjacent to CR 23 and south of and adjacent to CR 18. For a more precise location,see legal. Parcel Number 1311 26 000028 The application is submitted to you for review and recommendation. Any comments s ore recdmmendation date so iont you consider relevant to this request would be appreciated. Please reply by the 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 a ca ll ring ng ereview Department o cess. If you desire to examine or obtain this additional information,p Planning Services. O We have reviewed the request and find that It does/does not comply with our Comprehensive Plan [2(We have reviewed the request end find no conflicts with our Interests. See attached letter. CI Please notify me of any public hearings regarding this request. Comments: ///• / ///j /W//1�� �(9 &It ow t aQ /inavno(ey Ali A Wil�h ear eta/ t]` I Ivt4(CQ . T. ar (S AtSr`i.,,a-47 et5 Arkvl'?dth/ bct! re 7'& 6(f Griot enniee " pot,e 0w l v Signature / O/oil/✓ ;�.�:, s c � to Agency e4 +Weld county Planning Dept. •1555 N 17"'Ave. Greeley,CO.80631 411970)353-6100 ext.3540 0(970)304.6498 fax .� '''� r ♦.- � ,p�,.;n,e ♦5i• G 7�' VI II ' 1 §wR 9 k', t cJ,: . i : ' O , .r. ' .L ta p SS • $ ;' s r — s. 9 , W \ ,1 n• LMC cD t } ��--, .. a CID (A /T W . • U U • Q ,. N CU co U J / . .. . ,‹ 6 4 o la-- is • 1 tlib;" . • di fits , c, On i CU U U a ft, Gni gi 0 Iasi • ' . 4 ;'.i•, n 0 41:;, co o co is p N Jcz r r.-• �.+ V i \- lirses9 - & • ss- - Da. s ...11---1.---a— Ill ----Irrarla til L • T • `5',r` F.1 Y• V f. a i, r • J ... f ' , ' h ' - - .-1- • ie , , hi . ..,„, w. .....,,,• ..•••• . lit 41k•.9'0 r .. %foot , �• T , t4 t It {C i 9 + y t? , -. * O. trii... -.. -.4 , ... . r - re • -S .a _ j: - i 1 '•el � , , T Vi .• • I \ ; C� _ ,_ 0 a • r,II*. . - . •, V TL 't.' . lei.... nil 1_1___1_ 02 • II li a be se O w W N be cc -) W K C V 00 . 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Pi*w on n i • { -i1 • • i ... \s„.3/4„.ey, ____________\,\\& J >le a i 0 0 O co i Cr CaLLO . wM • ill• n g Cr p •a 111 W / 0We\....CI°V) o • r it 1.5tilk a CO C N , 4,.„., a Z Q qrs • •• . •Y ra ` ,0 : % ° "' 0 ' k ' f v‘ r a ` ,ice! ._rte "�-�. .I a- re-----1-* 0T . ti,• � z � Q c %A.. V§ - , . .. • . Ilj ye- a bi I . . - c . . a . 0 1 4 ...._ t.-cri 1 g 1 44_ _ _ _. J i ,, i • `S 1 III o i i Y Q a il GP 1 C 1..... a Ne . 1 i •L f _` I•• • 10 re 4j,.....„ llPity�.. r \ • • 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: See Attached Legal Description CONVEYANCES (if none appear, so state): Reception No.: I Book: 1208 at Page 157 Reception No.: 1909629 it Book: 982 Reception No.: 1922885 Book: 993 Reception No.: 1922886'/ Book: 993 Reception No.: 2425564/ Book: 1478 Reception No.: 2434874�/ Book: 1488 Reception No.: 3545858 Book: Reception No.: 3545862. Book: Reception No: 3665828 V This Certificate is made for the use and benefit of the Department of Planning Services of Weld County, Colorado. This Certificate is not to be construed as an Abstract of Title 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 August, A.D., 2010, at 7:45 am. STEWART TITLE OF COLORADO BY: \LA3,5c tsn_ \). Ykk)., Authorized Signature 1O NA . EXHIBIT A To SPECIAL.WARRANTY DEED (THE"PROPERTY") Parcel l The Northeast Quarter of Section 26, Township 2 North, Range 67 West of the 6`h P.M., County of Weld, State of Colorado, excepting therefrom that portion deeded in document recorded September 17, 1995 in Book 1430, Page 83, described as follows: Beginning at the Northeast Corner of said Section 26; thence North 89°40' West 1315 feet; thence South 17'00' East 585 feet; thence South 47°20' East 508 feet; thence South 62°12' East 859 feet; thence North 0°28' East 1296.6 feet more or less to the point of beginning; together with pasture lease located in portions of Sections 23 and 25, Township 2 North, Range 67 West of the 6`h P.M., County of Weld, State of Colorado; • ,Il )' IRRU PRAM Cnuwty—TM giver Nolen.Gnat.Cr.. Flort?..l.� {ola a� yr ` . b �f,t+ ifnnnl 1111 Mtn Ql�f// pK/fn1/.Tha1 WMws a Trn.ureN t)rted t� 111 ls) Ieawsl oars* � V , I on the .lylb...My of.I./RMRyy.................,10.41.,romvsyfrg the hnelnafin described property to Weld abiIsg,. ,1 a lawfully constituted county of tin N of Colorado, /Nit dorado,end Treasurer's Ilredia) (wen) duly ,.onto M , 0!),1' Un,hl I){141,,at Portal R7MAMi the war.of IM County(i m(Ink oat Km M NS ofNS,a1 Weld,NAM M k+O,41t'do doi1110 ono 1o1d 011rde0 14, 1111 t ff,, Awn It 1144444 the Canty Commladeen d the County of Weld did elect in hell aid M pwvldld • �,( by low,and did now ambit of all al plinth auttlen of Curb Red Mate In br odvertlw,t In Ion Men sl,.,.,.n.. �4� ' Ib% Oriels?Snootier A several a newspaper at al circulation In Ow wild Canty of Soho r, ' A the Ant nutletnutletadvertised not ware mare than thirty nor In. than tweedy dim hew the date at mil wiry AS ,,_1 wend miler arlvrrll.ed not moo thin Ahem dim rem km than Ave days twin,,surh ale,and MA mod sill INMw • In A iwddlc Mire In the('oimy(htrthaw Ice of k'..1 thirty dam before Itw dale .d ooh islet and lhneepot MI offer rwh rAI rush tin la it roldir awake (p1111WIMR1 on IM 1411 day oh , :ult.,................... 1t1.1, lit time Aml plate a ended in'.odd a venlyd nab;l AND WIIERPAS, 40111i.5.,..end.541P4 T154•55 . of the County of ,'Meld ..p1 Milo of n°1°1414° . , ,bid for amid)wat,rrty the own of Cam,10mosod ,rlePbad l'ML...,71Qhli(RI awl no . . nth rR, whleh AM hrtg Ihr hlahni And Mal told foe rash In Mal f and Ming Moe IS. mw.hi,d of IM Mimi q alssl of IM hill with volt,.made by Ike County Morn of wild propnrv) was aeaPtil 1. ' by lid Raid of Comity Cenmh.kwwu of IM IAMI (Nattily of Weld' AND WIIRRRAS, the ad......Rollie 7,.sn4 drab llnenst. am Ono-lbouan4 rlyr•budS..Nlnsly ' M . TRIM API sal............ ... . .Mn Iisiiald do r at �m In hill payment of aM'4d in.saki pmpri,y. NOW TIIKKRMAll. Wild(Mown,by,"'roll' It. 4MMn , , ha 14Anmlakmrr n(ydnlnl in auala this deed Ming the rains prom as ai'1'10..P,,!.IMa+R.... ,..., ..the doh gunned (ihasid) County Timmer of 11'eid County,Whig moo Me dlrrrilnn of tin Rant el County Caominwwwnn of Weld t5mnty and as Idly) County Tosourn,hi menthol d d.Aced,for and In rnaMeralla of the sum et ,,ClPLbhaIIIM.littiselmolimMAnn letter UI)I.LAN*ad , ...,,NA.„ -- .CRNf/, )old Al efnreakt and by vMtw of the aiatmen In men elm made all Ino.hled.by thew)wrath dna pant,Seib and all ill frollowhia drwrAnd real thole,Iwwlll Lola S to 10, R1nek In, raft 1.uelan, winhauna pad flat (0Rer-sal. 'Molina la, ttmMhie 0 North, Wines On VIII of the h., wrw�.. ntryw oseenll os hi levy of M Iltrlw ame&S Rdnad Comm,Ind eanp, nntvaIMw In Ike Ilnhml I'M INwnl and ""'1M tom* rewvalr *. and lerlimilon Minks„II any, ak dreg flab,N ivy It. pub& IInle ways and rap,and Is any sad aN rdalrr rossaseMa or radar el way,*WPM evidenced on sane*and ab)m1 to 'sluing haw and rnerehm IMrnlmm,N gtsMW, all SI,4M and Misr minerals therein or tiwsundn, dlwte,lying and Miry)la the Conti al Weld,abb M Calade,orals the wild b1})w,J,..Pd A1C4,..... Weir ( ) aorta'Min ad ASP; any corrunis et warranty whatsoever and ad oohing to oft the d1hb of rnfminbn by mimes,bat memos w his,M Ina6bd tq by. This dart Is made SunjM to rnelyla of IM Beard of Comfy (Mnmhshnnn of 11'eld County, Cando, duly made and entered of Hard In lb Nrea.dh.p the..3!111 day of..i'M1r ' ,.,A,D.10 , appointing llotladi1A._4IRM.R......._.._..., CbmmbsM Maar sto &to mate this deed In behalf of Weld Cam, And to sits tin sal of Weld County, CalonM,esevey1ng said ml Mate Is wand party hrs. IN WI WIIIRCOP, I.Ikya14,Ma..lost . ,Cammdals iv appslayi to a sum w IS. r b r deed,IM .,... County oil virtue al hire aMMw� rnnulnM In IM Ally ...Jail of�/ ry1' `-. Oro a CnrnmWmwn a Ow day t..! .. ,. ' a. lLt law '/ a,• hereunto mt my bad and sm,stl the Pell of aid tide; . 7; ' t, ....,....Rl1R......,. 10'1 .,few MIt any, fit,k1 ° its no 0244 , oL • a MOS 1 Cs i i Atari t�ffff JJ centre nta.a�� x i t4�/walii Small IMO aneeededpd Stara me Mb J.Illk,,.day el `v' 'ant, aa.inuliv ,Caaslmbwr.,,-k ad m saw IA'as, .' ' kr' ' ' WI' ",ay Dui all Cues/qL 7+1i` r •o • f ` } e , I l-0 ,I. . , . IIII�Md/sn \ >, • • AR1909629 B 0982 REC 01909629 11/23/82 14:32 $6.00 1/002 F 1595 MARY ANN FEUERSTEIN CLERK 6 RECORDER WELD CO, CO DEED OF DISTRIBUTION BY PERSONAL REPRESENTATIVE (TESTATE ESTATE) THIS DEED is made by Katharin L. Vincent as Personal Repre- sentative of the Estate of Ralph Vincent, deceased, Grantor, to Nancy J. Wittemyer as Trustee named, appointed, and designated as such in the Last Will and Testament of said Ralph Vincent, Grantee, whose address is P. O. Box 1440, Boulder, Colorado 80306. WHEREAS, the above-named decedent in his lifetime made and executed his Last Will and Testament dated August 30, 1977, which Will was duly admitted to informal probate on November 25, 1980, by the Probate Court in and for the County of Denver, State of Colorado, Probate No. 80 PR 1545; WHEREAS, Grantor was duly appointed Personal Representative of said Estate on November 25, 1980, and is now qualified and acting in said capacity; and WHEREAS, the Grantee is determined to be the person entitled to distribution of the hereinafter-described real property, and Grantor is authorized and directed to distribute the same to Grantee; NOW, THEREFORE, pursuant to the powers conferred upon Grantor by Section 15-12-711 and Section 15-12-907 of the Colorado Revised Statutes, 1973, Grantor sells, conveys, assigns, transfers and releases to Grantee the following real property in Weld County, Colorado: Parcel I - 1/2 interest in NE 1/4 Sec. 26, T2N, R67W of the 6th P.M. , Weld County, Colorado, except pre- viously deeded parcel in NE corner. Parcel II - NE 1/4, Sec. 2, T2N, R67W of the 6th P.M. , Weld County, Colorado, except 11.7 acres in the NE corner and one acre in the NW corner previously deeded, with seven shares of capital stock in the Meadow Island Ditch Company and one share of capital stock in the Lupton ➢ottom Ditch Co. . R 0902 REG1909629 11/23/02 14:32 46.All, 2/002 F 1596 MARY ANN FEUERSTEIN CLERK A RECORDER WELD CO, CO Parcel III - An undivided 1/2 interest in N 1/2 SE 1/4, Sec. 25, T2N, R67W of the 6th P.M. , Weld County, Colorado, together. with 100' R/W thru NE 1/4 of said Sec. 25, T2N, R67W, and together with 1-1/4 shares of Lupton Bottom Ditch Co. with all appurtenances. Executed July 1, 1982. Ko Z:J� - Katharin L. Vincent, as Personal Representative of the Estate of Ralph Vincent, Deceased. STATE OF COLORADO ) ss. COUNTY OF BOULDER ) The foregoing instrument was acknowledged before me this 31- /2 day of July, 1982, by Katharin L. Vincent as Personal Repre- sentative of the Estate of Ralph Vincent, Deceased. Witness my hand official seal. . NY COMMISSION SWIRSS /Larch 23, '� 4: A: My commission expires: 2e .i%�:, Notary Pub1yY '; •�• " CO. ecy it go , ifo.1',i,i U, go, ;' A_I\ -2- 1, „a f 01927n 04/0Fi/R S 19 Oh l') • E '+ .. riAPY NN FEUFI ifI IN IlI K S bEIuRUEk IJFLD LD. LII • AR1922dd5 PERSONAL REPRESENTATIVE'S DEED (TESTATE ESTATE) THIS DEED is made by Raleigh J. Vincent, Jr. , as a/k/a R. J. Vincent, Personal Representative of the Estate of Rollie J. Vincent,/ deceased, Grantor, to Raleigh J. Vincent, Jr. , Clara Lee Martin, Lucile E. Grothe, Virginia J. Ruggiero, Mary L. Jolley, and Beverly B. Willard, Grantees, whose addresses are c/o R. J. Vincent, Jr. , 1135 Hoover Street, Fort Lupton, Colorado 80621. WHEREAS, the above-named decedent in his lifetime made and executed his Last Will and Testament dated June 25, 1970, which Will was duly admitted to formal probate on April 15, 1974, by the District Court in and for the County of weld, State of Colorado, Probate No. P-13159; and WHEREAS, Grantor was duly appointed Personal Represen- tative of said Estate on April 15, 1974, and is now qualified and acting in said capacity, NOW, THEREFORE, pursuant to the powers conferred upon Grantor by the Colorado Probate Code, Grantor does hereby sell, convey, assign, transfer and set over unto said Grantees, as tenants in common, as the persons entitled to distribution of the property under the above-captioned Will that certain real including the interest of Grantor in any of said property as conveyed property,eituated in the County of Weld, State of Colorado, as to him as Executor, more particularly described in Schedule A annexed hereto with all appurtenances. We, the undersigned, pursuant to the provisions of Section 15-12-713 of the Colorado Revised Statutes (1973) , being all of the heirs, devisees and interested persons of the Estate of Rollie J. Vincent, hereby approve and consent to the foregoing sale and conveyance from Raleigh J. Vincent, Jr. , as Personal Representative of the Estate of Rollie J. Vincent, to Raleigh J. Vincent, Jr. , et al. E O973 RL f. 017 '885 04/°U/03 09 06 $7.00 6003 1-7 9373 8AR. ANN FFLIGRS11 fib fLLR9< & RECOKDLR WF:ii $D, CO Wherever used herein, the singular shall include the plural. Executed this / day of .r-- ' .. l _ , 1981. Raleigh . V cent, Jr. , as Personal epresentative of the Estate of Rollie J. Vincent, Deceased , a/k/a R. J. Vincent STATE OF COLORADO ss. COUNTY OF WELD The foregoing instrument was acknowledged before me this </1/ day of //ref /i-NF-/ , 1981, by Raleigh J Vincent, Jr. , as Personal Representative of the Estate of Rollie J. Vincent, Deceased, a/k/a R. J. Vincent. witness my hand and official seal. My commission expires: / /////-al F / �O t• 11 b 1 •• f 4�-l.cb / YC , f &tF7 - _ - .. Notary Public / • b- o-<- ;+ Address: S,' .9 i-'194.5./..44,1v1,2‘,.:,,,_, // , ./"]f c1O;*. ! E i y r....triRaleigh J. V' cent, Jr. Clara Lee Martin 1" Lucile E. Grothe Virgin/AIL. Ruggi�ro / / /fr Mary L l Jo ec ( �/ if A - ttr Beverly Willard _z_ r • • k 0993 EEG K)1 :RE 34/68/%i5 O9-bh t9_00 . AH4 OC/1 MidFr ANN FLDLIi TlELN LlI[FK S F r:PPDFR WELD ( Ii Lil SCHEDULE A DESCRIPTION OF REAL PROPERTY WITH RESPECT TO PERSONAL REPRESENTATIVE'S DEED FROM RALEIGH J. VINCENT, JR. , AS PERSONAL REPRESENTATIVE OF THE ESTATE OF ROLLIE J. VINCENT, TO RALEIGH J. VINCENT, JR. , ET AL. The following parcels of real property located in the County of Weld, State of Colorado: First Parcel; E1/2 NW1/4 of Section 5, T.2N. , R.66W. of the 6th P.M., with four (4) shares of Lupton Short Line Ditch 6 Reservoir Company and fifty (50) shares of Fulton Irrigation Ditch Company, together with one-half (1/2) of the mineral rights thereon. Second Parcel: Undivided one-half (1/2) interest in NE1/4 of Section 26, T.2N., R.67W. of the 6th P.M. Third Parcel: Lots 1 through 8 of the 51/2 of Section 12, T.2N. , R.67W. of the 6th P.M. , with two hundred (200) shares of Lupton Meadows Ditch Company, together with one-half (1/2) of the mineral rights thereon. Fourth Parcel: One-half (1/2) of the mineral rights on the following properties now or formerly owned by Ralph Vincent; (1) N1/2 SEI/4 of Section 25, T.2N. , R.67W. of the 6th P.M. (2) NE1/4 of Section 2, T.2N. , R.67W. of the 6th P.M. • One or more of the above parcels may be subject to rights-of-way for county roads, rights of others to remove ore from any of the foregoing parcels, rights of the Lupton Coal Ridge Land Company and the Lupton Meadows Ditch Company, any and all easements and rights-of-way, all as of record may appear; and excluding from the above any portion that may have been conveyed prior to the recording hereof as of record may appear. R OW? ( 0i /JJR3/, d4/(4?/ 4 ; i)9 W. i0 i /004 3r, MAP1 ANN FNIF I'. II' 7iP (.I FF-T `, I 1114,01-k WFI_I) ['f, I.11 ABIldedd6 QUIT CLAIM DEED THIS DEED, Made this / day of j,,• ; , 1981, between RALEIGH J. VINCENT, JR. , CLARA LEE MARTIN, LUCILE E. GROTHE, VIRGINIA J. RUGGIERO, MARY L. JOLLEY, and BEVERLY B. WILLARD of the State of Colorado, of the first part, and THE VINCENT PARTNERSHIP, a Colorado general partnerhsip. whose legal address is 1135 Hoover Street, Fort Lupton, Colorado 80621, of the County of Weld and State of Colorado, of the second part, WITNESSETH, That the said parties of the first part, for and in consideration of the sum of TEN DOLLARS ($10.00) and other valuable consideration, to the said parties of the first part in hand paid by the said party of the second part, the receipt whereof is hereby confessed and acknowledged, have remised, released, sold, conveyed and QUIT CLAIMED, and by these presents do remise, release, sell, convey and QUIT CLAIM unto the said party of the second part, its successors and assigns, forever, all the right, title, interest, claim and demand which the said parties of the first part have in and to the properties described on Schedule A annexed hereto, lying and being in the County of Weld and State of Colorado. 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 said parties of the first part, either in law or equity, to the only proper use, benefit and behoof of the said party of the second part, its assigns forever. IN WITNESS WHEREOF, The said parties of the first part have hereunto set their hands and seals the day and year first above written. 4€3VUVV/ RALEI VINCENT, aane-0_ CLEE MARTIN LUCILE E. GROTHE �7 l/fdVIRGIN J. RUG ERO 7` /64 MAR-- ltd (--L4 tiClu%±MC. BEVERLY B. WILLARD Ic J993 hF 1 1 In 04/ ift I .; ;f• M( F i, I I III A "I F. LU 111 KF: LI.COF:ni F wH I''3 STATE OF ( G IC i} '!. ) ) ss. COUNTY OF /c 14- t {1 ) The foregoing instrument was acknowledged before me this c_ri day of /)rc'' r .r r • 1981, by RALEIGH J. VINCENT, JR. My commission expires: /;, . t -1•, r, -( r,- o r Q 2;— Witness my hand and official seal. Sf••� _.. mil;oy-, _< { { c -s : ¢ . r�, :. Notary Pubic s:�.;-�'-0" ;, Address: ar-se i ni, 4,11'O0‘../1.; d41 o, STATE OF (1( k A/-?./7( ) ) ss. COUNTY OF tC, ,El J9 ) The foregoing instrument was acknowledged before me this i.>-A day of r EC r i i °%'F t , 1981, by CLARA LEE MARTIN. My commission expires: AL( ET) /-5)-p r 3 j /QS- -- Witness my hand and official seal. c ( ( ,t ,q ci a'/) / ? _, i 7 - ' • Notary Publ ':. Address: c7.29 l'r7f c'S'�y'.-f����-_c' J-/ Lac F?'sr i/ trit10., -a �'••A.a a , STATE OF /1Ci ( G rP ss. COUNTY OF ? ' -1c-( 12 ) The foregoing instrument was acknowledged before me this ?y-/I day of ./)rrErJ;r-li4L , 1981, by LUCILE E. GROTHE. My commission expires: L; /;r;frt )>cr / 3� lti.7.5 Witness my hand and official seal. L-cwt_-L l 74 . L ( /-7, /`:RL fx"r•..• o�::' Notary Public / - ♦ ann -. Y`, Address: ,5.2 /cjt ,ef. fie,: vv7VJ0 11Y .•� -Z- F< ,', Ji PEI: 01 .4 ` JA.'(1£' ;li 99- , 9,f' i0 U:)q 5 7 r' WO,'r nrJ1J II-Ill PS'II ;t1 IIFI F' t 4Ft ulait t_ rIFID ill, Ill STATE OF _ ( /c-! // r-'G ) ) ss. COUNTY OF / ( L ) The foregoing instrument was acknowledged before me this -(//2( day of l / t +;s/) , 1981, by VIRGINIA J. RUGGIERO. / My commission expires: f�(;;. r=U;r'r/= / ? / /41,c1-i • — Witness my hand and official seal. Notary Public ./ �+ S / n1 Address: - ? /-73/JZ- '-` w , a� it#27 ! r u'>/ F/.=llb" �aF\ :4• •. STATE OF ! // 7;7 y i/' ) ? pjjj1,0 ss. COUNTY OF ( p/C,1 ) cif_ The foregoing instrument was acknowledged before me c this I day of 7th//7-7;;;;"7- , 1981, by MARY L. JOLLEY. My commission expires: J'/ iL,'>'?/i - /ys' -- . Witness my hand and official seal. ,,.�,...�..,,, �, J6 ^ u i '1�::_l . ._ Ire a ,/ -L 4 1 toe = + Notary Public ✓ o: y. : Address: ?-2.'2 A-7)/7e;.o �N71� ' :,,, ;,'- ((:C'/41.. •.J� r STATE OF CLL Li'f=l%J(= ) ) ss. COUNTY OF /( ,LFL ) The foregoing instrument was acknowledged before me this 1:4 day of /;'s<'Eii".t `.7 , 1981, by BEVERLY B. WILLARD. A // My commission expires: A /I;/ ,/'./j.l',Eh / 3/ Witness my hand and official seal. <.< t 3 i11 ilk Notary Public/ c: i o :.�-' is Address: ,?•,?/-.? /c t24s2_<6vjn(', fat' -3- I Oi/ i'f,`Li HMO E I III I Sl2_IN rl [-I K 4 hl ! 9EUl k Wk:l.0 ! 1 SCHEDULE A DESCRIPTION OF PROPERTY BEING THE SUBJECT OF THAT CERTAIN DEED FROM RALEIGH J. VINCENT, JR., ET AL. TO THE VINCENT PARTNERSHIP The following parcels of real property located in the County of Weld, State of Colorado: First Parcel: E1/2 NW1/4 of Section 5, T.2N., R.66W. of the 6th P.M. , with four (4) shares of Lupton Short Line Ditch 6 Reservoir Company and fifty (50) shares of Fulton Irrigation Ditch Company, together with one-half (1/2) of the mineral rights thereon. Second Parcel: Undivided one-half (1/2) interest in NE1/4 of Section 26, T.2N. , R.67W. of the 6th P.M. Third Parcel: Lots 1 through 8 of the S1/2 of Section 12, T.2N. , R.67W. of the 6th P.M. , with two hundred (200) shares of Lupton Meadows Ditch Company, together with one-half (1/2) of the mineral rights thereon. Fourth Parcel: One-half (1/2) of the mineral rights on the following properties now or formerly owned by Ralph Vincent: (1) N1/2 SE1/4 of Section 25, T.2N. , R.67W. of the 6th P.M. (2) NE1/4 of Section 2, T.2N. , R.67W. of the 6th P.M. One or more of the above parcels may be subject to rights-of-way for county roads, rights of others to remove ore from any of the foregoing parcels, rights of the Lupton Coal Ridge Land Company and the Lupton Meadows Ditch Company, any and all easements and rights-of-way, all as of record may appear; and excluding from the above any portion that may have been conveyed prior to the recording hereof as of record may appear. 2425564 R P-792 02/03/95 04:42P PG 1 OF 2 •REC DOC ARc'Y2556Y Weld County CO Clerk & Recorder 10.00 OUIT CLAIM DEED THIS DEED, made effective the 1st day of January, 1995, between VINCENT FAMILY PARTNERSHIP, a/k/a THE VINCENT PARTNERSHIP, Grantor, and VINCENT PROPERTIES, INC., Grantee, whose legal address is 9859 East Julian Way, Westminster, Colorado 80030, WITNESSETH, that the Grantor, for and in consideration of the sum of Ten dollars and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, has remised, released, sold, conveyed and quit claimed, and by these presents does remise, release, sell, convey and quit claim unto the Grantee, its heirs, successors and assigns, forever, all the right, title, interest, claim and demand which the Grantor has in and to the real property ("Real Property") , together with improvements, if any, situate, lying and being in the County of Weld and State of Colorado, described as follows: The real property described on Exhibit A attached. EXEMPT pursuant to Colo. Rev. Stat. S 39-13-104(1) (b) . 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 Grantor, either in law or equity, to the only proper use, benefit and behoof of the Grantee, his heirs and assigns forever. IN WITNESS WHEREOF, the Grantor has executed this deed on the date set forth above. VINCENT FAMILY PARTNERSHIP, a/k/a THE VINCENT PARTNERSHIP r Z/�7 L-t. i._J f By: 77 R. J. incent, Jr. Partner STATE OF COLORADO ) ss. COUNTY OF )rgersnn) The foregoing ins rument was subscribed and sworn to before me this (1+11, day of iwor') , 1995 by R. J. Vincent, Jr. , as Partner of Vincent Family Partnership, a/k/a The Vincent Partnership. Witness hand and.;Jfficial seal. Q: tip,ti.,. 4� 4-42 Notary P lic My comma ion expires: 140 When recorded 'reWur .5tO: James L. Carpenter, Jr. P.O. Box 1170 Boulder, CO 80306 2425564 B-14-792 02/03/95 04:42P PO 2 OF 2 • EXHIBIT A THE VINCENT PARTNERSHIP, a/k/a VINCENT FAMILY PARTNERSHIP, is transferring to Vincent Properties, Inc. all the real property remaining from the following four parcels, which were received from the Estate of Rollie J. Vincent. The following parcels of real property located in the County of Weld, State of Colorado: First Parcel: E1/4 NW1/4 of Section 5, T.1N., R.66W. of the 6th P.M. , with four (4) shares of Lupton Short Line Ditch and Reservoir Company and fifty (50) shares of Fulton Irrigation Ditch Company, together with one-half (1) of the mineral rights thereon. Second Parcel: Undivided one-half (§) interest in NE1. of Section 26, T.2N., R.67W. of the 6th P.M. Third Parcel: Lots 1 through 8 of the S§ of Section 12, T.2N. , R.67W. of the 6th P.M. , with two hundred (200) shares of Lupton Meadows Ditch Company, together with one-half ('i) of the mineral rights thereon. Fourth Parcel: One-half ($) of the mineral rights on the following properties now or formerly owned by Ralph Vincent: (1) N'i SE'4 of Section 25, T.2N. , R.67W. of the 6th P.M. (2) NE'4 of Section 2, T.2N., R.67W. of the 6th P.M. One or more of the above parcels may be subject to rights-of-way for county roads, rights of others to remove ore from any of the foregoing parcels, rights of the Lupton Coal Ridge Land Company and the Lupton Meadows Ditch Company, any and all easements and rights- of-way, all as of record may appear; and excluding from the above any portion that may have been conveyed prior to the recording hereof as of record may appear. 41609 1/9/95 0MV Reception Na. 2434874 488 P-344 04/19/95 03:45P PG 1 OF 1 S REC DOC Weld County CO Clerk & Recorder 5.00 3.60 AR2'+j'187M WARRANTY DEED THIS DEED,Made this 11th day of April . 1995 , between Vincent Properties, Inc. • a corporation duly organized and existing under and by virtue of the laws of the State of Colorado ,grantor,and Katherine L. Vincent whose legal address is 2257 Dahlia, Denver, Colorado 80227 of the City and `County rat Denver .State of Colorado,grantee: WITNESSETH,That the grantor,for and in consideration of the sum of Thirty—Six Thousand and no/100 • ($36,000) DOLLARS, the receipt-and sufficiency of which is hereby acknowledged,has granted,bargained,sold and conveyed,and by these presents does I grant, bargain, sell, convey and confirm, unto the grantee, his heirs and assigns forever, all the real propeny, together with improvements,if any,situate,lying and being in the County of Weld I' State of Colorado.described as follows: AN UNDIVIDED 1/2 INTEREST IN THE FOLLOWING PROPERTY: THE NORTHEAST QUARTER SECTION 26, TOWNSHIP 2 NORTH, RANGE 67 WEST OF THE 6th P.M., COUNTY OF WELD, STATE OF COLORADO, EXCEPTING THEREFROM THAT PORTION DEEDED IN DOCUMENT RECORDED SEPTEMBER 17, 1955 IN BOOK 1430 PAGE 83, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID SECTION 26; THENCE NORTH 89°40' WEST 1315 FEET; THENCE SOUTH 17°00' EAST 585 FEET; THENCE SOUTH 47°20' EAST 508 FEET; THENCE SOUTH 62°12' EAST 859 FEET; THENCE NORTH 0°28' EAST 1296.6 FEET MORE OR LESS TO THE �'.. POINT OF BEGINNING COUNTY OF WELD STATE OF COLORADO also known by street and number as: II TOGETHER with all and singular the heredimments and appurtenances thereto belonging,or in anywise appertaining.and the reversion and reversions,remainder and remainders,rents,issues and profits thereof,and all the estate,right,title,interest,claim and demand whatsoever of the grantor,either in law or equity,of,in and to the above bargained premises,with the hereditaments and appunenances. TO HAVE AND TO HOLD the said premises above bargained and described with the appurtenances.unto the grantee,his heirs and I I assigns forever.And the grantor,for itself,and its sureessors,does covenant,grant.bargain and agree to and with the grantee,his heirs and assigns.that at the time of the ensealing and delivery of these presents.it is well seized of the premises above conveyed,has good, sure,perfect,absolute and indefeasible estate of inheritance,in law,in fee simple,and has.good right,full power and authority to gram, bargain,sell and convey the same in manner and form as aforesaid,and that the same are free and clear from all former and other grants, bargains,sales,liens,taxes,assessments,encumbrances and restrictions of whatever kind or nature soccer,except The grantor shall and will WARRANT AND FOREVER DEFEND the abnvc-bargained premises in the quiet and peaceable possession of the grantee,his heirs and assigns,against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural,the plural the singular,and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF,The grantor has caused its corporate name to be hereunto subscribed by its President, and its corporate seal to be hereunto affixed, attested by its Secretary, the day and year first above wnuen. VINCENT PROPERTIES, INC. /qr II Attest: o smoky 0 y llVV4 By „', I,' , $TACE OF COLORADO x-a >wpty of BOULDER The foregoing instrument was acknowledged before me in the County of Boulder I State of Colorado ,this //4. day of / , 1995 by Raleigh J. Vincent, as President and Virginia Ruggiero as Secretary I' of Vincent Properties, Inc. a corporation. My commission expires yrfi'— I Witness my hand and official seal. N.xv.• lt t'M JI +r renrrnhatnn 8Rp1N1l1 Y[ 151Y% StiQ Aaa,e„ IC 'If in Denver,insert"City and." Buider, r',vRd0 0fi444Q C — o l — — No.JOB.Rev.5-84. WARRANTY DEED(Corporation) Bradford Psblisbmt,5825 W.6th sac.Lakewood.CO aa21a—Oa3)ns 65.00 744 (' . I 1111 11111 111111111 UN III JIB 3545858 04/0712008 01:30P Weld County, CO 1 of 2 R 11.00 0 0.0C Steve Moreno Clerk& Recorder $� PERSONAL REPRESENTATIVE'S DEED (Testate Estate) THIS DEED is made by Nancy J. Wittemyer and Jacqueline S. Kilburn as Co-Personal Representatives of the Estate of Katharin L. Vincent aik/a Katherine L.Vincent,deceased,Grantor, to Nancy J. Wittemyer and Jacqueline S. Kilburn as tenants in common, Grantees, whose legal address is P.O. Box 4575, Boulder, Colorado 80306. WHEREAS, the Last Will and Testament of the above-named decedent was made and executed in the lifetime of the decedent, and is dated June 1, 1989, which Will was duly admitted to informal probate on October 30, 2006, by the District Court in and for the County of Boulder, State of Colorado, Probate No. 06PR526; WHEREAS, Grantors were duly appointed Co-Personal Representatives of said Estate on October 30, 2006, and are now qualified and acting in said capacity. NOW THEREFORE, pursuant to the power conferred upon Grantors by the Colorado PrDbate Code,Grantors do hereby sell,convey, assign,and transfer and set over unto said Grantees as the persons entitled to distribution of the property in the above captioned will,the following real property situate in the County of Weld, State of Colorado: An undivided 50% interest in the following property: The Northeast Quarter of Section 26, Township 2 North, Range 67 West of the 6°i P.M., County of Weld, State of Colorado, excepting therefrom that portion deeded in document recorded September 17, 1955 in Book 1430,Page 83,described as follows: Beginning at the Northeast Corner of said Section 26; thence North 89040' West 1315 feet; thence South 17000' East 585 feet;thence South 47020' East 508 feet; thence South 62012'East 859 feet; thence North 0028' East 1296.6 feet more or less to the point of beginning also known by street and number as: also known by assessor's schedule number as: 131126000028 With all appurtenances, subject to covenants, easements and restrictions of record, and subject to general property taxes for the year 2007 and subsequent years. As used herein, the singular includes the plural and the plural the singular. Executed goitLi) ,2(O Nancy J. Wittemyer, Co-P sonal Rep. Jac4dielinVS. Kilburn, Co-Personal Rep. of the Estate of Katharin L. Vincent a/k/a of the Estate Katharin L. Vincent a/k/a Katherine L. Vincent, Deceased Katherine L. Vincent, Deceased III �� 1111111111IIIIHI1 III 1111111 Ill 11111IIIIIIII 3545858 04/07/2008 01:30P Weld County, CO 2 of 2 P 11.00 D 0.00 Steve Moreno Clerk& Recorder STATE OF COLORADO ) ) ss. COUNTY OF BOULDER ) 7/DA / The foregoing instrument was acknowledged before me this day of 20 <ob, by Nancy J. Wittemyer, Co-Personal Representatives of the Estate of Kath rin L. Vincent Ala Katherine L. Vincent, Deceased. Witness my hand and official seal. A�jj -E 9expires:_• mission ___�� A0/0A0/0PPOT A• O ' S E A L) ; +t 9 J� , �L1cf,G:'�D Notary Public C F i�tIL 'R, 'COLORADO ) ) ss. COUNTY OF BOULDER ) The foregoing instrument was acknowledged before me this y day oft_ 204, by Jacqueline S. Kilburn,Co-Personal Representatives of the Estate of Katharin L. Vincent a/k/a Katherine L. Vincent, Deceased. Witness my hand and official seal. iLC,EY K f ; 5 * mission expires:_ /&,, o76/v ' (SEAL) i' G OAd 1��•eLi.• p� Notary Public yr CoCO rt- 2 I 111111 11111 I�11111Mtn 1111111 11111111111 IIII 3545862 n4/07/2006 01:30P Weld County, CO 4j 1 of 1 R 6.00 D 0.00 Steve Moreno Clerk& Recorder SPECIAL WARRANTY DEED (Statutory Form-C.R.S.§38-30-115) Nancy J. Wittemyer as Trustee u/w Ralph Vincent d. 8/30/1977, Grantor,whose address is P.O. Box 4575, Boulder, Colorado 80306, for the consideration of TEN DOLLARS, in hand paid, and by way of distribution,hereby sells,transfers and conveys to Nancy J.Wittemyer and Jacqueline S. Kilburn, as tenants in common, Grantees, whose address is P.O. Box 4575, Boulder, Colorado 80306, the following real property in the County of Weld and State of Colorado, to wit: An undivided 50% interest in the following property: The Northeast Quarter of Section 26, Township 2 North, Range 67 West of the 6th P.M.. County of Weld, State of Colorado, excepting therefrom that portion deeded in document recorded September 17, 1955 in Book 1430,Page 83,described as follows:Beginning at the Northeast Corner of said Section 26; thence North 89040' West 1315 feet; thence South 17000'East 585 feet;thence South 47020'East 508 feet;thence South 62012'East 859 feet: thence North 0028' East 1296.6 feet more or less to the point of beginning CONVENIENCE DEED -NO DOCUMENTARY FEE REOUIRED assessor's schedule or parcel number: 131126000028 with all its appurtenances and warrants the title against all persons claiming under her, subject to restrictions and easements of record, if any, and taxes for 2007 and subsequent years. Signed this h1l y!day of ant i/ , 2008. Ralph Vincent Trust u/w d. 8/30/1977 By: Ypicti ( Nancy i. Wittemyer, Trustee STATE OF COLORADO ) ) ss. COUNTY OF BOULDER ) n.The foregoing instrument was acknowledged before me this y71? day of /or ,� , 2008, by Nancy J. Wittemyer, Trustee u/w,Ralph Vincent d. 8/30/1977. 4 aY mission expires:_ _�t_ � V/ 4'.49s l'4 t' y hand and official seal. Nom: 15:<:'•C•:8 L‘9 o Notary Public die-In e"). •• o • 111111 11111 111111 11 tiii 1111111 Ili 11111 1111 IIII 3665828 12/18/2009 09:32A 828 1 of 6 R 31.00 D 420.00 Steve Moreno Clerk& Recorder After Recording Return To: Golden Dome Aggregates, LLC 619 N.Cascade Ave.,Suite 200 Colorado Springs,CO 80903 SPECIAL, � WARRANTY DEED THIS DEED, made this I� day of December, 2009,between NANCY J.WITTEMYER and JACQUELINE S. KILBURN ("Grantors"), the mailing address of which are 14 Eagles Drive, Boulder, Colorado 80302 and 1456 Cassin Court, Boulder, Colorado 80303, respectively, and GOLDEN DOME AGGREGATES, LLC, a Colorado limited liability company ("Grantee"), the mailing address of which is 619 N. Cascade Avenue, Suite 200, Colorado Springs, Colorado 80903. WITNESSETH, that the Grantors for consideration of Four Million Two Hundred Thousand and no/100 Dollars ($4,200,000.00), the receipt and sufficiency of which is hereby acknowledged,have granted,bargained, sold and conveyed, and by these presents do grant, bargain, sell, convey and confirm unto the Grantee, its successors and assigns forever, all the real property, together with improvements, if any, situate, lying and being in the County of Weld, State of Colorado, described as follows(the"Property"): SEE EXHIBIT"A"ATTACHED TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right, title, interest, claim and demand whatsoever of Grantors, either in law or in equity of, in and to the above bargained premises, with the hereditaments and appurtenances to the Property; RESERVING unto Grantors, as equal co-tenants, all right, title, interest, claim and demand in and to all mineral interests, including without limitation all oil, gas, natural gas, and other hydrocarbons, appurtenant to the Property and all royalties related thereto under existing or future leases; provided, however, that such reserved mineral interests shall not include sand and gravel located on the Property; TO HAVE AND TO HOLD the said Property above bargained and described with the appurtenances, unto the Grantee, its successors and assigns forever. Grantors for themselves, their successors and assigns, do covenant and agree that they shall and will WARRANT AND FOREVER DEFEND the above-bargained Property in the quiet and peaceable possession of the Grantee, its successors and assigns, against all and every person or persons claiming the whole or any part thereof, by, through or under the Grantors, except those encumbrances listed on Exhibit B hereto. IN WITNESS WHEREOF, Grantors have caused this instrument to he duly executed as of the day and year first written above. -dtf9 o1S62_ 100033171.D0C:21 "� • 1111111111111111111111111111111111t11111111111111 I 111111 I I I I I I I I 3665828 12/18/2009 09:32A Weld County, CO 2 of 6 R 31.00 0 420.00 Steve Moreno Clerk& Recorder GRANTORS: Na ittemyer Jacq me IS. Kilburn STATE OF COLORADO ) )ss. COUNTY OF BOULDER ) The foregoing instrument was acknowledged before me this I day of December, 2009, by Nancy J. Wittemyer and Jacqueline S. Kilburn. Witness my hand and official seal. C.,‘..___ Notary Public My commission expires: ' l • I —1 ` , a} Nei NOTA Y PU6UC.TATE OfC .LOPADO[ThONNA O (00o33171.DOC:21 2 111111 11111 111111 111111 IIII 3665828 12118/2009 09:32A Weld County, CO 3 of 6 R 31.00 D 420.00 Steve Moreno Clerk 8 Recorder EXHIBIT A To SPECIAL WARRANTY DEED (THE"PROPERTY") Parcel 1 The Northeast Quarter of Section 26, Township 2 North, Range 67 West of the 6`h P.M., County of Weld, State of Colorado, excepting therefrom that portion deeded in document recorded September 17, 1995 in Book 1430, Page 83, described as follows: Beginning at the Northeast Corner of said Section 26; thence North 89°40' West 1315 feet; thence South 17°00' East 585 feet; thence South 47°20' East 508 feet; thence South 62°12' East 859 feet; thence North 0°28' East 1296.6 feet more or less to the point of beginning; together with pasture lease located in portions of Sections 23 and 25, Township 2 North, Range 67 West of the 6th P.M., County of Weld, State of Colorado; Together with reserved pasture rights as set forth in document recorded September 17, 1955 in Book 1430, Page 83, and related documents; Together with that 99 Year Pasture Lease, as set forth in document recorded July 14, 1976, at Reception No. 1693632. Parcel 2 The Northeast Quarter of Section 2, Township 2 North, Range 67 West of the 6'h P.M., County of Weld, State of Colorado, excepting therefrom that portion as described in Deed recorded May 4, 1939 in Book 1041 at Page 508; and excepting therefrom that portion described in Deed recorded June 10, 1944 in Book 1 135 at Page 341; and excepting therefrom that portion for County roads as set forth in Road Petitions recorded July 15, 1884 in Book 48 at Page 114 and April 23, 1888 in Book 48 at Page 71. Also known as No.: 10730 County Line Road 24 'A, Ft. Lupton, Colorado 80621, Parcel 3 The North One-Half of the Southeast Quarter of Section 25, Township 2 North, Range 67 West of the 6`h P.M., County of Weld, State of Colorado, together with 100 foot right-of-way in the Northeast Quarter of said Section 25, Township 2 North, Range 67 West of the 6th P.M., County of Weld, State of Colorado as described in Deed recorded October 28, 1948 in Book 1236 at Page 404. {00033171.DOC:2) 3 111111111111111111!1111 ii��I��� 1111111 III 111111111 IIE 3665828 12/18/2009 09:32A Weld County, CO 4 0l 6 R 31.00 D 420.00 Steve Moreno Clerk& Recorder EXHIBIT B TO SPECIAL WARRANTY DEED (EXCEPTIONS) 1. ALL TAXES AND ASSESSMENTS FOR THE YEAR 2009 AND SUBSEQUENT YEARS. A LIEN, BUT NOT YET DUE OR PAYABLE. 2. RIGHT OF WAY FOR COUNTY ROADS 30 FEET ON EITHER SIDE OF SECTION AND TOWNSHIP LINES, AS ESTABLISHED BY THE BOARD OF COUNTY COMMISSIONERS FOR WELD COUNTY, RECORDED OCTOBER 14, 1889 IN BOOK 86 AT PAGE 273. PARCEL l 3. RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES AS RESERVED IN UNITED STATES PATENT RECORDED FEBRUARY [6, 1894, IN BOOK 51 AT PAGE 247. 4. RIGHT OF WAY EASEMENT AS GRANTED FOR DITCH IN INSTRUMENT RECORDED SEPTEMBER 26, 1922, IN BOOK 622 AT PAGE 519. 5. RIGHT OF WAY EASEMENT AS GRANTED FOR DITCH IN INSTRUMENT RECORDED SEPTEMBER 04, 1925, IN BOOK 781 AT PAGE 1. 6. ALL OIL, GAS, MINERALS AND OTHER MINERAL RIGHTS AS RESERVED IN INSTRUMENT RECORDED JULY 21, 1947, IN BOOK 1208 AT PAGE 157, AND ANY AND ALL ASSIGNMENTS THEREOF OR INTERESTS THEREIN. 7. OIL AND GAS LEASE RECORDED JULY 20, 1970 UNDER RECEPTION NO. 1551544 IN BOOK 630 AND ANY AND ALL ASSIGNMENTS THEREOF, OR INTEREST THEREIN. NOTE: EXTENSION OF THE ABOVE LEASE AS CLAIMED BY AFFIDAVIT OF PRODUCTION WAS RECORDED AUGUST 30, 1976 UNDER RECEPTION NO. 1697414 IN BOOK 775. 8. RIGHT OF WAY EASEMENT AS GRANTED TO PANHANDLE EASTERN PIPELINE COMPANY IN INSTRUMENT RECORDED JULY 12, 1971, UNDER RECEPTION NO. 1571349 IN BOOK 649. 9. RIGHT OF WAY EASEMENT AS GRANTED TO CONTINENTAL PIPE LINE CO IN INSTRUMENT RECORDED MARCH 15. 1974, UNDER RECEPTION NO. 1631996 IN BOOK 710. M. RIGHT OF WAY EASEMENT AS GRANTED TO AMOCO PRODUCTION CO IN INSTRUMENT RECORDED APRIL 09, 1974, UNDER RECEPTION NO. 1633799 IN BOOK 712. II. RIGHT OF WAY EASEMENT AS GRANTED TO UNION RURAL ELECTRIC ASSOCIATION INC IN INSTRUMENT RECORDED JANUARY 27, 1977, UNDER RECEPTION NO. 1709931 IN BOOK 788. 12. RIGHT OF WAY EASEMENT AS GRANTED TO COLORADO INTERSTATE GAS CO IN INSTRUMENT RECORDED MAY 29, 1984, UNDER RECEPTION NO. 1968457 IN BOOK 1031. 13. RIGHT OF WAY EASEMENT AS GRANTED TO COLORADO INTERSTATE GAS CO IN INSTRUMENT RECORDED OCTOBER 25, 1984, UNDER RECEPTION NO. 1986364 IN BOOK 1047. 14. RIGHT OF WAY EASEMENT AS GRANTED TO COLORADO INTERSTATE GAS CO IN INSTRUMENT RECORDED OCTOBER 25, 1984, UNDER RECEPTION NO. 1986365 IN BOOK 1047. 15. RIGHT OF WAY EASEMENT AS GRANTED TO AMOCO PRODUCTION CO IN INSTRUMENT RECORDED JANUARY 17, 1991, UNDER RECEPTION NO. 2238662 IN BOOK 1287. 16. RIGHT OF WAY EASEMENT AS GRANTED TO AMOCO PRODUCTION CO IN INSTRUMENT RECORDED APRIL 15, 1993, UNDER RECEPTION NO. 2328991 IN BOOK 1378. 17. ANNUAL PASTURE SUBLEASE OF 72-ACRE PARCEL TO LUPTON MEADOWS DITCH COMPANY, MAY 15, 2009 TO MAY 14,2010. 1000331'71.DOC:2J 4 11111111111111111111111111111101111111 III 1111111111111 3665828 12/18/2009 09:32A Weld County, CO 5 04 6 R 31.00 D 420.00 Steve Moreno Clerk 8 Recorder PARCEL 2 IS. RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE'THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES AS RESERVED IN UNITED STATES PATENT RECORDED JUNE 07, 1892, IN BOOK 51 AT PAGE 173. 19. RIGHT OF WAY EASEMENT AS GRANTED FOR DITCH IN INSTRUMENT RECORDED APRIL 27, 1905, IN BOOK 212 AT PAGE 155. 20. OIL AND GAS LEASE RECORDED MARCH 31, 1970 UNDER RECEPTION NO. 1544587 IN BOOK 623 AND ANY AND ALL ASSIGNMENTS THEREOF, OR INTEREST THEREIN. NOTE: EXTENSION OF THE ABOVE LEASE AS CLAIMED BY AFFIDAVIT OF PRODUCTION WAS RECORDED AUGUST 06, 1974 UNDER RECEPTION NO. 1641964 IN BOOK 720. 21. ALL OIL, GAS, MINERALS AND OTHER MINERAL RIGHTS AS RESERVED IN INSTRUMENT RECORDED MARCH 24, 1975, UNDER RECEPTION NO. 1656554 IN BOOK 735, AND ANY AND ALL ASSIGNMENTS THEREOF OR INTERESTS THEREIN. 22. RIGHT OF WAY EASEMENT AS GRANTED TO UNION RURAL ELECTRIC ASSOCIATION INC IN INSTRUMENT RECORDED MAY 27, 1976, UNDER RECEPTION NO. 1689624 IN BOOK 768. 23. RIGHT OF WAY EASEMENT AS GRANTED TO PANHANDLE EASTERN PIPELINE COMPANY IN INSTRUMENT RECORDED AUGUST 08, 1983, UNDER RECEPTION NO. 1936289 IN BOOK 1004. 24. RIGHT OF WAY EASEMENT AS GRANTED TO HS RESOURCES INC IN INSTRUMENT RECORDED AUGUST 04, 1998, UNDER RECEPTION NO. 2630711. 25. LEASE TO LARRY PANCOST,MARCH 2009 THROUGH MARCH 2010. 26. LEASE OF 5 ACRES TO KIYOTA GREENHOUSE INCORPORATED DATED FEBRUARY 10,2004. PARCEL 3 27. RIGHT OF WAY EASEMENT AS GRANTED FOR DITCH IN INSTRUMENT RECORDED MARCH 22, 1876, IN BOOK 11 AT PAGE 178. 28. ALL OIL, GAS, MINERALS AND OTHER MINERAL RIGHTS AS RESERVED IN INSTRUMENT RECORDED OCTOBER 28, 1948, IN BOOK 1236 AT PAGE 404, AND ANY AND ALL ASSIGNMENTS THEREOF OR INTERESTS THEREIN. 29. OIL AND GAS LEASE RECORDED MARCH 31, 1970 UNDER RECEPTION NO. 1544601 IN BOOK 623 AND ANY AND ALL ASSIGNMENTS THEREOF, OR INTEREST THEREIN. NOTE: EXTENSION OF THE ABOVE LEASE AS CI.AIMED BY AFFIDAVIT OF PRODUCTION WAS RECORDED JANUARY 15, 1975 UNDER RECEPTION NO. 1652095 IN BOOK 730. 30. ALL OIL, GAS, MINERALS AND OTHER MINERAL RIGHTS AS RESERVED IN INSTRUMENT RECORDED MARCH 24, 1975, UNDER RECEPTION NO. 1656554 IN BOOK 735, AND ANY AND ALL ASSIGNMENTS THEREOF OR INTERESTS THEREIN. 31. RIGHT OF WAY EASEMENT AS GRANTED TO PANHANDLE EASTERN PIPELINE COMPANY IN INSTRUMENT RECORDED JULY 18, 1977, UNDER RECEPTION NO. 1724791 IN BOOK 803. 32. TERMS, CONDITIONS AND PROVISIONS OF NOTICE RECORDED JUNE 26, 1986 AT RECEPTION NO. 2058722. 33. RIGHT OF WAY EASEMENT AS GRANTED TO AMOCO PRODUCTION CO IN INSTRUMENT RECORDED APRIL 29, 1988, UNDER RECEPTION NO. 2139590 IN BOOK 1194. 34. TERMS. CONDITIONS AND PROVISIONS OF NOTICE RECORDED JANUARY 24, 1991 AT RECEPTION NO. 2239296. 35. RIGHT OF WAY EASEMENT AS GRANTED TO GUY D JENSEN IN INSTRUMENT RECORDED NOVEMBER 04, 1991, UNDER RECEPTION NO. 2268171. {00033171.DOC:2) 5 1111111111 111111 1111111 HERO O IIII 3665828 12/18/2009 09:32A Weld County, CO 6 of 6 R 31.00 D 420.00 Steve Moreno Clerk & Recorder 36. RIGHT OF WAY EASEMENT AS GRANTED TO JOHN J ADAMS IN INSTRUMENT RECORDED SEPTEMBER 18, 1998, UNDER RECEPTION NO. 2641195. 37. TERMS, CONDITIONS AND PROVISIONS OF NOTICE RECORDED DECEMBER 18, 2000 AT RECEPTION NO. 2813676. 38. TERMS, CONDITIONS AND PROVISIONS OF NOTICE RECORDED AUGUST 06, 2007 AT RECEPTION NO. 3495293. 39. TERMS, CONDITIONS AND PROVISIONS OF NOTICE RECORDED DECEMBER 21, 2007 AT RECEPTION NO. 3525268. 40. PASTURE LEASE TO DANIEL VON FELDT,JANUARY 1,2009 THROUGH DECEMBER 31,2009. {00033171.DOC2} 6 4-4--, ... ........„-..._,.0-7 _ .,________i_ j l / 11. ,:ro \ \� ,,.A-\ W I ; I N I.{.l v O ID, r,:- i co It ; I.% i �� ?``iiI I )\) j ( `std �iiic ://k\1 I • y 1 Z O Q t � le S iii- f !:r ,E y �f i1I t'I I wi' ' 1 ` .; j !: . .IIii! s •4i; re. / ll ;it 7 I ;:iiZ iyt itr: f 7.„/ /.>\/f/• a'" F'i.lil' i•S. \�,I: 7 i• !1 .i 1 ill 'I:,{7'gt i 3f l E Milli di! / I i i 1Ef� I 111111 il r I I !ill I 4I . _ I I Hill iia / lb iii E=!.!: i.li 3. f! If 1 ki lilt 1/4 ._ i il- ii ii 1 ^ ( I �j I` It f 'i`ii 4 i `-'.i! f 'j -,i ;i:: 1;31 .3 .-4 .2 / , /1 { a{ f - 'ijF i .S 00004-0.000 oo4 I fit i Illliiii li ei i.� \ I ° ;�� iii :!ii, ii 3 li r Et '3[ it 't j.l , , 11. I, • [• Ili ir•if[ F; ;r I /,ET—_��__ �\ — I g i₹ aie iilFs ii : II -- = J i;I w IloA0 Lk CIDG} N = • K) ...,....., ` it l 1g i °i iii 10.6011 i 1 0 ♦•it !ITN i , ,.+. �a iii N • (L til!i•. ;i I 'r a p ial•iiiiji, 'I ifs�i= i :i i II �Eii![lii :i 1.! r c z a �' it is el 9 vr__-=' 41.-..-_-_,-_-.11....9 !iii i• [e _ ZV s4 li N i N leEii i'ir' •• Ig �i rn i [` ''Willi; ≤ �f N i 1_ _� N M 5i€Ir.ir i 3 `ga mi U 15iil�rii•7 I rr s •: . �y ci ii[ ) W W a '1,"” Y isijIi�Yy';j •• E cn 4.1. , • IT moil V — • 0 • • �C OFD�O, \ DEPARTMENT OF NATURAL RESOURCES ,17) L., DIVISION OF WATER RESOURCES * ro *� � Bill Ritter,Jr. St/g76 �r. Governor Mike King October 13, 2010 Executive Director Dick Wolfe,P.E. Director/State Engineer Mr. Chris Gathman Weld County Planning Department County Planning Department 1555 N 17th Ave. GREELEY OFFICE Greeley, Co 80631 OCT 7 1 Thin Re: Four Lot Recorded Exemption —Golden Dome Aggregates ��/��� G® Case No. RE-5057 RECEIVED G NE1/4 Sec. 26, T2N, R67W, 6th P.M. Water Division 1, Water District 2 Dear Mr. Gathman: We have reviewed the above-referenced proposal to create by exemption a total of four lots, three lots of approximately 3 acres each and one lot of approximately 120 acres. The three smaller lots are each to be used for one single-family residence; the larger lot may eventually have one single-family residence but will continue to be used for agricultural purposes and production of oil and gas. The application indicates that the single-family residences on the four lots will each be served by individual wells and septic systems. Since the submitted material does not appear to qualify as a "subdivision" as defined in Section § 30-28-101(10)(a), C.R.S., pursuant to the State Engineer's March 4, 2005 memorandum to county planning directors, this office will only perform a cursory review of the referral information and provide comments. The comments will not address the adequacy of the water supply plan for this development or the ability of the water supply plan to satisfy any County regulations or requirements. In addition, the comments provided herein cannot be used to guarantee a viable water supply plan or infrastructure,the issuance of a well permit, or the physical availability of water. According to Division of Water Resources records, no registered wells are located on the subject property, which lies outside the boundary of the Central Weld County Water District. Since these four proposed lots are to be created through an exemption from the subdivision regulations, each lot may qualify for a new residential well permit. The ability for the proposed lots of RE- 5057 to obtain well permits will be evaluated at the time that well permit applications are submitted. Should you have any questions in this matter, please contact Mike Bender of this office. Sincerely, S.2 Li Joan - William l, P.E. Resource Engineer JMW/GMB Office of the State Engineer 1313 Sherman Street,Suite 818 •Denver,CO 80203• Phone:303-866-3581 • Fax:303-866-3589 www.water.state.co.us Hello