HomeMy WebLinkAbout20102370 WI`DC. DEPARTMENT OF PLANNING SERVICES
Q SUBDIVISION EXEMPTION
COLORADO ADMINISTRATIVE REVIEW
Applicant: Eric Koolstra(AKA Koolstra Farms) Case Number: SE-1165
Request: Subdivision Exemption for Financing Purposes
Legal Lot B of RE-2074 being a portion of the W2 of Section 21; TN4; R68W; 6thP.M.
Description:
Parcel Number: 1061-21-0-00-022 Parcel size: 144 +1- acres; SE Planner: T. Parko
Parcel Size: 34.9 acres
Criteria Checklist
Meets Criteria
Yes No NA
X 1. The proposal is consistent with the policies of Chapter 22 of the Weld County
Code.
X 2. The boundary change or temporary use location which would be allowed on the
subject property by granting the request will be compatible with the surrounding
land uses.
X 3. In those instances when used pursuant to 24-8-30.A.I of the Weld County Code,
the request is the best alternative to dispose of existing improvements in
conjunction with the companion Recorded Exemption.
X 4. A lot being created for the purpose of financing will not result in the creation of a
lot to be sold, shall be at least one acre in size, and will no longer exist upon
termination of the financing arrangements.
Comment:
The applicant through discussion with the lending institution for the financing of the new residence shall
coordinate the acres to be encumbered for this land use application. The application materials state that a
separate parcel of land is required, however, the position of this office is that the financing parcel is
"imaginary" and will be created only by acceptance of default by the Board of County Commissioners.
2010-2370
SC//ia5-
Approved With Conditions
The Subdivision Exemption is approved in accordance with information submitted in the application and
the policies of Weld County. The Department of Planning Services has determined through its review that
the standards of Section 24-8-40 of the Weld County Code have been met.
1. 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.
The applicant has demonstrated that the existing home is serviced by septic permit SOE #9700096.
2. The Applicant has a current domestic water tap (#1432) from Little Thompson Water District as the
source of adequate water for the Subdivision Exemption lot.
3. Topographic or physical features of the proposed lot, such as ravines, ditches, streams etc. may
limit the area available for a new or replacement septic system. Prior to recording the plat the 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.
A Weld County Septic Permit is required for the proposed home septic system and shall be
installed according to the Weld County Individual Sewage Disposal Regulations. Please note, the
lot owners shall verify with the nearest Town/City or Sanitation District to determine the location
of the nearest sewer line. In accordance with the Weld County Code, if a sewer line exists within
400 feet of the property and the sewer provider is willing to serve the proposed structure, a septic
permit cannot be granted by the Weld County Department of Public Health and Environment.
4. Prior to recording the plat:
A. The plat shall be titled: Subdivision Exemption No. 1165.
B. The SE Lot shall use the existing access point from SH (Hwy) 56 as no additional accesses
shall be granted.
C. All approved accesses shall be clearly shown on the plat. The applicant shall contact the
Weld County Department of Public Works to determine if a culvert is necessary at any
approved road access point. If a drainage culvert is required, a 15 inch Corrugated Metal
Pipe (CMP) is Weld County's minimum size. If the applicant chooses to place a larger
culvert please contact the Colorado Department of Transportation.
D. According to the Hwy 56 Access Management Plan, Hwy 56 is designated as a Non-Rural
Principal Highway (NRA). The following objectives for Hwy 56 between CR 1 and CR 7
are as follows:
3.3.5 LCR 13/WCR 1 to WCR 7
This segment of the corridor from LCR 13/WCR Ito WCR 13 is
illustrated in Figure 3.12. This segment of the SH 56 corridor is
largely undeveloped. Most adjacent land is used for agricultural
purposes or large residential lots. Given that the majority of the
properties along this segment are very large parcels it is likely that
access patterns will not change significantly until land is developed
into new uses. These new uses will likely be low density since the
Berthoud Land Use Plan designates most land in this segment for
large lot residential development. Furthermore, this segment is
planned to have a rural typical section and high-speed roadway
design characteristics.
Objectives:
Preserve and protect the functionality of the SH 56/LCR 13/WCR 1,
the SH 56/WCR 3, the SH 56/WCR 5, and the SH 56/WCR 7
intersections. Minimize congestion and conflict points; reduce the
number of driveways on this segment.
Strategies:
Allow driveways to remain until a change of use but call for
restrictions (Right-In/Right-Out or ' movement) in future if safety or
mobility dictate. Consolidate driveways serving multiple, adjacent
properties during development/redevelopment. Avoid close proximity
of access points to the SH 56/LCR 13/WCR 1, the SH 56/WCR 3, the
SH 56/WCR 5, and the SH 56/WCR 7 intersections. Use
perpendicular street/roads or new parallel streets/roads for access as
redevelopment occurs; signals should not be closer together than %3
mile.
There is presently 94 feet of right-of-way. A total of 47 feet from the centerline of SH 56
shall be delineated right-of-way on the plat. The SH 56 Access Control Plan requires that
the applicant reserve an additional twenty-six feet on the plat. This road is maintained by
CDOT (Colorado Department of Transportation).
E. All vehicles located on the property must be operational with current license plates, be
screened from all adjacent properties and public rights of way, or be removed from the
property. All other items considered to be part of a noncommercial junkyard must also be
removed from the property or screened from adjacent properties and public rights-of-way.
F. The Subdivision Exemption Lot shall comply with the two and one-half (2 1/2) acre net
minimum lot size required by Section 24-8-40.L of the Weld County Code.
G. The following notes shall be placed on the plat:
1) This Subdivision Exemption is for the purpose of financing.
2) All proposed or existing structures will or do meet the minimum setback and offset
requirements for the zone district in which the property is located. Pursuant to the
definition of setback in the Weld County Code, the required setback is measured
from the future right-of-way line.
a) No building or structure as defined and limited to those occupancies listed as
Groups A, B, E, F, H, I, M and R in Section 302.1 of the 2003 International Building
Code, shall be constructed within a 200-foot radius of any tank battery or within a
150-foot radius of any wellhead. Any construction within a 200-foot radius of any
tank battery or 150-foot radius of any wellhead shall require a variance from the
terms of the Section 23-3-10 of the Weld County Code.
3) Any future structures or uses on site must obtain the appropriate zoning and building
permits.
4) Prior to the release of building permits for any structure exceeding 3,600 square feet,
the applicant must comply with the requirements of Appendix III-A of the
International Fire Code.
5) Should noxious weeds exist on the property or become established as a result of the
proposed development the applicant/landowner shall be responsible for controlling
the noxious weeds, pursuant to Chapter 15, Articles I and II of the Weld County
Code.
6) The approved configuration of the Subdivision Exemption Lot does not constitute
justification for further land splits.
7) 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.
8) Effective January 1, 2003, Building Permits issued on the proposed lots will be
required to adhere to the fee structure of the Weld County Road Impact Program.
(Ordinance 2002-11)
9) Effective August 1, 2005, Building permits issued on the subject site will be
required to adhere to the fee structure of the Capital Expansion Impact Fee and the
Stormwater/Drainage Impact Fee. (Ordinance 2005-8 Section 5-8-40)
10) Under Section 24-8-140.D of the Weld County Code, the property is still recognized
as one parcel. No additional building sites are created with this Subdivision
Exemption. The lot created for financing purposes shall no longer exist upon
termination of the financing arrangements.
11) 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.
7. The applicant shall submit two (2) 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.
8. In accordance with Weld County Code Ordinance 2005-7 approved June 1, 2005, should the plat
not be recorded within the required sixty (60) days from the date the Administrative Review was
signed a $50.00 recording continuance charge shall added for each additional 3 month period.
9. The Department of Planning Services respectfully requests the surveyor provide a digital copy of
this Subdivision Exemption. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation);
acceptable GIS formats are ArcView shapefiles, Arclnfo Coverages and ArcInfo Export files
format type is .e00. The preferred format for Images is .tif(Group 4). (Group 6 is not acceptable).
This digital file may be sent to maps(ii>co.weld.co.us.
10. The Weld County Department of Planning Staffs approval of this Subdivision Exemption is based
upon satisfying the above conditions. Should an applicant be unwilling or unable to meet any one
of these conditions, within 60 days of approval, then this case will be forwarded to the Board of
County Commissioners with a recommendation for denial.
By Date: October 5, 2010
Tom Parko Li Planner
•
5 11 - 10
Weld County
Department of Planning Services
918 10th Street
Greeley, CO 80631
Subject: Subdivision Exemption, SE-1165 (Koolstra)
This is to fulfill conditional approval 4-E in regard to vehicles on the property. Any
vehicles on the property or items that could be considered to be part of a noncommercial
junkyard are screened from all adjacent property owners and public rights of way.
WELD COUNTY,COLORADO
DEPARTMENT OF PLANNING SERVICES
91810"STREET
GREELEY,CO 80631
PHONE:970-353-6100,EXT.35401 FAX:970-304-6498
Date: 20 Receipt No.
Received From:
Permit Type No. Description Fee
4221-RE/SE
4221-ZPMH
4221-USR
4221-SITE PLAN REVIEW
4221-CHANGE OF ZONE
4221-PUD
4221-MINOR/MAJOR SUB
#OF BUILDABLE LOTS
4221-ADDITIONAL 30%
FEE FOR SUB'S
4221-RE-SUBDIVISIONS
4221-BOA
4221-FHDP/GHDP
4430-MAPS/POSTAGE
4430-COPIES
4730-INVESTIGATION FEE
6560-RECORDING FEE
MISC.
❑CASH ❑ CHECK NO. TOTAL FEE
Receipted By: DL# Exp.
WELD COUNTY,COLORADO
DEPARTMENT OF PLANNING SERVICES -
918 10Th STREET
GREELEY,CO 80631
PHONE:970-353-6100,EXT.3540/FAX:970-304-6498
Date: - 20''. - - Receipt No.
Received From:
Permit Type No. Description Fee
4221-RE/SE
4221-ZPMH
4221-USR
4221-SITE PLAN REVIEW
4221-CHANGE OF ZONE
4221-PU D
4221-MINOR/MAJOR SUB
#OF BUILDABLE LOTS
4221-ADDITIONAL 30%
FEE FOR SUB's
4221-RE-SUBDIVISIONS
4221-BOA
4221-FHDP/G HDP
4430-MAPS/POSTAGE
4430-COPIES
4730-INVESTIGATION FEE
6560-RECORDING FEE
MISC.
❑ CASH ❑ CHECK NO. TOTAL FEE
Receipted By: DL# Exp.
SUBDIVISION EXEMPTION (SE) APPLICATION
FOR PLANNING DEPARTMENT USE DATE RECEIVED:
RECEIPT/AMOUNT# /$ CASE#ASSIGNED:
APPLICATION RECEIVED BY PLANNER ASSIGNED:
TYPE OF EXEMPTION REQUESTED (check one)
❑ Property line adjustment
❑ Used with Recorded Exemption
Financing Purposes
❑ Public Utility Facility
Parcel Number: 106121000022.
Legal Description: Lot B of RE-2074 being a portion of the W2 of Section 21, Township 4
North, Range 68 West, of the 6th P.M.,Weld County, CO,being 144+/- acres.
Has the property been divided from or had divided from it any other property since August 30, 1972? Yes
Is this parcel of land under consideration, the total contiguous land owned by the applicant? Yes
FEE OWNER(S) OF THE PROPERTY:
Name: Koolstra Fish Farm, LLLP by Eric Koolstra, Managing Partner
Address: 2538 E. HWY 56, Berthoud, CO 80513
APPLICANT OR AUTHORIZED AGENT (See Below: Authorization must accompany applications signed by
Authorized Agent)
Name: Laurel Deringer, LANDPROFESSIONALS, LLC
Work Phone# 303-772-1164 Email Address: Ideringer@landpros.net
Address: 1707 N. Main St. #406, Longmont, CO 80501
I (We) hereby depose and state under penalties of perjury that all statements, proposals, and/or plans
submitted with or contained within the application are true and correct to the best of my (our)knowledge.
Signatures of all fee owners of property must sign this application. If an Authorized Agent signs, a letter
of authorization from all fee owners must be included with the application. If a corporation is the fee
owner, notarized evidence must be included showing the signatory has to legal authority to sign for the
corporation. I (we), the undersigned hereby request the Department of Planning Services to review this
Subdivision Exemption on the above described u corporate Weld qounty.
/ kir LSIdID
Signature: Owner or Aut ' ed Agent Date
f/,rt /eno s.t- 6—A4/to
P O
REAL ESTATE & LAND USE PLANNING
3- 18-1V
Weld County Planning
918 10th Street
Greeley, CO 80631
To Whom It May Concern:
I have contracted with LANDPROFESSIONALS, LLC to process a Subdivision
Exemption application with Weld County. I authorize LANDPROFESSIONALS, LLC
to represent me throughout this process.
<iy
Koolstra Fish Farm GLLLP
Cr t c Kr.15740—
p1 aneo <P
REAL ESTATE, LAND PLANNING, CONSULTING
LANDPROFESSIONALS, LLC.
11409 Business Park Circle-#120 • Longmont,CO 80504
office 970.535.4941 or 303.772.1164 • fax 303.772.1286 • Ijohnson@landpros.net
AGREEMENT FOR ADMISSION
OF PARTNER IN
KOOLSTRA FISH FARM LLLP
This Agreement is entered into this 27 day of O C +Are-.- , 2009 by and
between Koolstra Fish Farm LLLP, a Colorado limited liability limited partnership
("Partnership") consisting of Wilbert Koolstra and Phawnrice Marie Koolstra("Other Partners")
located at 2538 Highway 56, Berthoud, Colorado 80513, and Eric Koolstra ("Purchaser") of
20505 County Road 7, Berthoud, Colorado 80513.
RECITALS
A. The Partnership was duly formed and organized under the Colorado Uniform
Limited Partnership Act of 1981 ("Act") upon the filing of the Certificate of Limited Partnership
with the Colorado Secretary of State on April 22,2003.
B. A Partnership Agreement has existed since April 7, 2003 among the Other
Partners ("Partnership Agreement"), under which the Partnership has acquired assets consisting
of farm property.
C. Purchaser desires to purchase an undivided interest in the Partnership and to
participate in the management of the business of the Partnership as general partner of the
Partnership.
AGREEMENT
IN CONSIDERATION of the Recitals set forth above and the mutual covenants
contained herein,the parties agree as follows:
1. Sale of Interests. The Partnership agrees to sell and transfer to Purchaser a two
percent (2%) general partner interest and a thirty-nine and 24/100 percent (39.24%) limited
partner interest in consideration of the Purchaser transferring and assigning all of the assets set
forth in Exhibit A attached hereto to the Partnership. The Partnership represents and warrants to
Purchaser that all required consents of the Other Partners have been obtained and that upon
completion of the transactions referred to herein the Purchaser shall be deemed a two percent
(2%) general partner and thirty-nine and 24/100 percent (39.24%)partner of the Partnership with
all rights associated therewith as may be provided in the Act and in the Partnership Agreement.
2. Interests of Partners. Upon completion of the transactions described herein, the
parties agree that the Partnership Interests (as defined in the Partnership Agreement) of the
Purchaser and the Other Partners in the profits and capital of the Partnership and the capital
accounts of all partners will be as follows:
• •
General Partners Interests Capital Accounts
Eric Koolstra 2% $ 48,500.00
Limited Partners
Wilbert Koolstra 29.38% $ 570,000.00
Phawnrice Marie Koolstra 29.38% $ 570,000.00
Erick Koolstra 39.24% $ 751,500.00
3. Partnership Agreement. A copy of the Partnership Agreement is attached to this
Agreement and incorporated in it by this reference, and such agreement will continue in full
force and effect except as modified by this Agreement. The parties understand and agree that
Purchaser shall be bound by all terms of the Partnership Agreement as if the Purchaser had been
originally named in that agreement.
4. Managing Partner; Tax Matters Partner. From and after the date of this
Agreement, Eric Koolstra shall be the managing partner of the Partnership and to such extent
Section 3.03 of the Partnership Agreement shall be amended. In addition, from and after the date
of this Agreement, the tax matters partner as designated under paragraph 8.B. of Exhibit A to the
Partnership Agreement.
5. Operation of Business. The business of the Partnership will be operated without
interruption, in the manner provided by the Partnership Agreement, except as it may be modified
by this Agreement.
6. Construction and Interpretation. This Agreement shall be construed and
interpreted in accordance with the substantive laws of the State of Colorado, including the Act,
without reference to the principles of conflict of laws of such state.
7. Counterparts. This Agreement may be executed in a number of identical
counterparts, each of which, for all purposes, is to be deemed as original, and all of which
constitute, collectively, one agreement; but in making proof of this Agreement, it shall not be
necessary to produce or account for more than one such counterpart.
[Intentionally Left Blank]
2
• A
8. Effective Date. For all purposes hereof,this Agreement shall be deemed effective
as of the date first mentioned above.
Partnership:
Koolstra Fish F LLL
adjet
brP
By:
Wilbert Koolstra, General Partner
Other Partners:
Partn�
c By: �"
Wilbert Koolstra, General and
Limited Partner BY-\-)—\\)\.
\ 4SCS
Phawnrice Marie Koolstra, General
and Limited Partner
Purchaser:
Pte'—R� I���
Eric Koolstra
3
• •
P PD
REAL ESTATE & LAND USE PLANNING
Statement: Purpose and Benefits of SE Proposal
The purpose of the subdivision exemption is for financing purposes as part of a settlement with Farm Credit
Services of the Mountain Plains (FCS). Attached you will find two documents from FCS:
1- Bankruptcy settlement/dismissal: FCS is asking the applicant to process an SE so that FCS can
collateralize the SE lot (109+/- Acres) as part of the loan restructure
2- Written verification from Tom Rainbolt,FCS, requesting/authorizing the SE process as part of the
bankruptcy settlement/dismissal
The existing home is serviced by septic permit SOE#9700096 and water tap 1432 from Little Thompson
Water District.
The proposed SE lot would be serviced by a proposed septic system and water would be a proposed well, the
proposed SE lot is to remain in Ag.
REAL ESTATE, LAND PLANNING, CONSULTING
LANDPROFESSIONALS,LLC.
11409 Business Park Circle-#120 • Longmont,CO 80504
■ office 970.535.4941 or 303.772.1164 • fax 303.772.1286 ■ Uohnson@landpros.net
• •
Laurel Deringer
From: Rainbolt,Tom [Tom.Rainbolt@ifeedtheworld.com]
Sent: Thursday, March 11, 2010 10:02 AM
To: 'Laurel Deringer'
Subject: RE: Koolstra-Fiske, LLLP Subdivision Exemption
Laurel,
We have met with the Koolstra's and have a verbal agreement on a plan with them that is subject to them completing this
Subdivision Exemption. The Subdivision Exemption is a key part of plan that we have both agreed to and the timing needs
to move as quickly as possible to complete this transaction. We have reviewed the initial plat and it conforms to our
agreement. Our agreement has been written out and we are still having all parties review it with plans to have it ready to
sign by April 1, 2010 but the plan can not be implemented until the Subdivision Exemption has been completed. The
completion of the Subdivision Exemption along with the financing package that we have offered will allow them to dismiss
their bankruptcy action when everything is completed.
Let me know if you have any additional questions.
Tom Qainbolt
970-506-3405 Office Direct
970-381-2865 Cell
N
February 11, 2010
6- -).- 3#3H-Ittil#
Daisy Lane Dairy, Inc
Daisy Lane Farm, LLC BA
Koolstra-Fiske, LLLP
fret
Re: Options for Restructure of Loans with FCS of the Mountain Plains (FCS)
Additional Collateral to be pledged to Mountain Plains:
Pledge the farm, water rights and irrigation equipment owned by Koolstra
Fish Farm, LLLP with a legal description of Lot B of Recorded
Exemption No. 1061-21-1-RE-2074 being a portion of the W2 of Section
21-4N-68W of the 6th P.M. in Weld County Colorado subject to the
following items:
■ Koolstra Fish Farm would complete a recorded exemption or
financing exemption to split Lot B of RE-2074 into two parcels
with the smaller acreage being the fish farm parcel which would
include the home and fish farm buildings and the larger parcel
would be the sprinkler farm parcel subject to agreement on the
acreage included and boundary lines for the two parcels. CS liens
would have as security the spri not
have any security interest in the fish farm parcel.
o An access easement to the fish farm parcel for the irrigation
wells, seep tiles, pipelines, Handy Ditch headgate and ditch
if not on parcel with improvements.
o An access easement to the farm parcel for road access and
access to any headgates, ponds, ditches, pipelines and
utilities used for the irrigation of the farm parcel.
o FCS recognizes that a portion of Lot B parcel is subject to a
dry up covenant for water used by the fish farm and an
agreement on acres impacted would be needed.
o FCS requires a professional be used to process the
exemption due to the time line involved.
4 4.5 shares of Handy Ditch water rights used for the fish farm
parcel would stay with it and would not be included as additional
collateral to FCS.
l k,
� a
e`. c`1
x 7' ,f#
• ` 11 shares of Consolidated Home Supply Ditch water rights used
for irrigation of the sprinkler farm parcel would be included in the
additional collateral to FCS. /
• FCS agrees to release the sprinkler farm parcel and water rights of
the Koolstra Fish Farm, LLLP collateral once Daisy Lane Dairy,
Inc., Daisy Lane Farm, LLC and Koolstra-Fiske, LLLP can meet
the fmancial covenants as follows:
• FCS PCA loan commitments are reduced bye) to
total commitments of at
• In compliance with all loan covenants including but not
limited to the following:
� 1,..n.” sa1,,v •�
p=b
2 ,..e Cow Debt per DCE does not excee
o Capital purchases in excess of need written
illir approval by FCS
o Personal draws and/or salary be less than
7400 $ /mth
o Borrowing Base and Financial Reporting continue
per the loan covenants
o Annual chattel inspections
o Milk check assignment to FCS
o Cooperate on correcting all UCC and title issues
Loans with FCS of the Mountain Plains PCA & FLCA
PCA revolving lines of credit (RLOC) loan#241.1 2e&
25 along with the PCA intermediate term loan(1TL)
#2 would be restructured for one year as follows:
e
`
f —• Total PCA commitment of a' v
7
o The RLOC for feed will bee ''Fr
(7:1?-- • Annual renewal with interest paid mthly
The Cope& Berthoud RLOC will be
combined into one RLOC
a o The RLOC for cattle will be .
P:5;19(C)7
"" / • Annual renewal with interest paid mthly Se
-/ o The ITL for capital will be Se
• Monthly payments with 10 year
amortization which begin atlen
ct? / 1
• This provides funds for all accounts payable to be brought
current and provides funds for ongoing operating expenses.
• Interest would begin at the variable interest rate of 5.75%
with this rate also being the interest rate floor for these
loans. This is a reduction of the interest rates on three loans
' i- and matches the interest rate on the fourth. The interest
u� / 2 rates on these loans would be indexed to the Mountain
rd
c s Plains Cost of Funds which is a LIBOR based product.
FLCA real estate term loans 2a& 25e would be
restructured as follows:
• Loan #25erwill be re-amortized with a principal
balance of with the balance due being paid with
Eel fiords from the restructured PCA lines of credit. Interest
will begin at the variable interest rate of 4.75% amortized
over 20 years with monthly payments of
brings this loan current and reduces the interest
by
his
it
not being in default.
3 '�) • Loan #251 \\"Air i with an un-matured principal balance of
aMMISI LI as of 02/01/2010 will be brought cun•ent U j 5 ✓
5 with funds from the restructured PCA lines of credit. The
" current terms on this loan continue in place with monthly
payments of until 05/01/2010 when the interest
cute will convertt to our variable interest rate, which will be
`7 the same as loan #2S. This brings this loan current
and reduces the interest rate by it not being in default.
lior ft)
Bankruptcy—District Court Action
• The bankruptcy filings can be withdrawn/dismissed.
• The Debtor in Possession bank account would be closed
and all income and expenses ran through the lines of credit
with Mountain Plains.
• The proceedings in District Court would be
withdrawn/dismissed.
The above items arc not a formal agreement and are for discussion purposes only
and any terms agreed to by the parties would need to be finalized in a restructure
agreement.
Weld County Treasurer
Statement of Taxes Due
Account Number R4679386 Parcel 106121000022
Assessed To KOOLSTRA FISH FARM LLLP
2538 E HWY 56
BERTHOUD,CO 80513
Legal Description Situs Address
PT NE4 21-4-68 LOT B REC EXEMPT RE-2074(4.89R) 2538 56 HWY WELD
Year Charges Billed Payments Balance
2009 Tax $3,062.42 $1,531.21 $1,531.21
First Half Due as of 03/18/2010 $0.00
Second Half Due as of 03/18/2010 $1,531.21
Tax Billed at 2009 Rates for Tax Area 2385-2385
Authority MITI Levy Amount Values Actual Assessed
WELD COUNTY 16.8040000* $662.92 AG-SPRINKLER $32,270 $9,360
SCHOOL DIST R2J 41.2950000 $1,629.08 IRRIGATED LAND
NORTHERN COLORADO WATER 1.0000000 $39.45 AG-FLOOD $9,165 $2,660
IRRRIGATED LAND
(NC
BERTHOUD FIRE 13.7740000 $543.39 AG-GRAZING LAND $11 $10
BERTHOUD FIRE(BOND 2020) 1.5000000 $59.17 AG-ALL OTHER $7,000 $2,030
LAND
HIGH PLAINS LIBRARY 3.2550000 $128.41 FARM/RANCH $208,929 $16,630
Taxes Billed 2009 77.6280000 $3,062.42 RESIDENCE-IMPS
Credit Levy OTHER BLDGS.- $24,818 $7,200
AGRICULTURAL
ALL OTHER AG IMPS $5,386 $1,560
Total $287,579 $39,450
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
Mil LXN DP Rib
REAL ESTATE & LAND USE PLANNING
- Owner: KOOLSTRA FISH FARM LLLP (AFTER MAP)
- Base Legal Description: PT NE4 21 -4-68 LOT B REC EXEMPT RE-2074; Gross Acres: 144+-
.1.1141....._ ....t.1.
1 _ .
i ,_ - -
j t "" • LA►NDVOYAGL• fi;s*
Rcsiti cntial !\cec's_; I '.\I'aing. /Pn111OSed .`:
Ac L CSc ot ' _ ...
C II
Ur.
Ii
. *_,_ _ A _ Hwy 56 .
.• .14. N
H•
1 elti
Y . +
• • i , s,
i` t ' op ed North f '
l .
( v
I OO1St a__ \0 F N
No 1 ,1t '
S
( It A11
i
i
rropu d SE Lot ~-.
k P--- for Financing
. VCR
- Purposes 7
il 109 ac+- w/pivots
r
S
I
l .
Existing/Proposed ,_
Residential & Ag
D. .t.r. ,tom, i , .,
7t i
Access
i' 11 ,
F aI —
t ' ., .
re—
_ t .
- Existing Residential Acce�, r 'L , +nlc•d
4.
n rntrat-T-iri lot adjoining rr rc'r(v ® t.�,avo
T imp
REAL ESTATE, LAND PLANNING , CONSULTING
LANDPROFESSIONALS, LLC
• office 303.772.1164 • cell 970.381.6307 • mark@landpros.net
3/18/2010 lb Page - 2 -
( BEFORE MAP- ALL EXISTING ACCESS POINTS REMAIN THE SAME)
plpirip
15
w.
... ._..,.. - - �..
-- - - --
fp
S
1 . , N .
f+
. '!if . . - E. - . 1
• ., I
1 a. I ti
' I
#"w.— [Base Farm:
I f
'i ' Owner: Koolstra
1
• Lot B of RE-2074
gl 1
144ac+ - home and
Irr. farm 2
-, \ I
tit' i
- f WOW*
CD 1
. BERTHC
2a
. , _
- �h
4\ . ..4.. ..
CI II .1
,
yS
in1 i_... . .... . ..
.,,_ ..
iii. ... ..„. „. .,
___._ _____ .. -
, . _.• , :.,,,
Pte, I -
a Ill Y
• •
WELD COUNTY ROAD ACCESS INFORMATION SHEET
Weld County Public Works Department Date: g JI ' -' 0
1111 H Street, P.O. Box 758, Greeley, Colorado 80632
Phone: (970 )356-4000, Ext. 3750 Fax: (970)304-6497 2�� �t q
1. Applicant NameV5k---ipi? 11ann w Ph ne 303-1' D t(0 Li
Address a53� aN , City ' U O1 State Zip, t513
2. Address or to a4on of access ��� �
Section Township 'E-rs __— Range___(42s9
Subdivision Block Lot
Weld County Road #1 Side of Road k/ /Distance from nearest intersection
3. Is there an existing access to the property? Yes /\ pNo #of accesses q
4. Proposed Use: �(tleterIG WaSe<5 V
❑ Permanentl.
Residential/ /cultural ❑ Industrial
❑ Temporary ❑ Subdivision ❑ Commercial ❑ Other
*************1*********************444*****4**4***********************4**4********************************************
5. Site Sketch
Legend for Access Description: • elkAG = Agricultural L_
RES = Residential
0&G = Oil&Gas
D.R. = Ditch Road \\//
0 = House e J� 1*
O = Shed U •
p = Proposed Access mil 054
A = Existng Access " o
40 Kliti;
•
I , . 'Ackissipci
,, ,
N
7 7 .
****4*41****4**********************************************************************************4**4*****************1*
OFFICE USE ONLY:
Road ADT Date Accidents Date
Road ADT Date Accidents Date
Drainage Requirement Culvert Size Length
Special Conditions
❑ Installation authorized 0 Information Insufficient
Reviewed By: Title:
6
i
CERTIFICATE OF CONVEYANCES WELD COUNTY
STATE OF COLORADO DEPARTMENT OF PLANNING SERVICES
COUNTY OF WELD
Heritage Title Company hereby certifies that it has made a careful search of its
records and finds the following conveyances affecting the real estate described herein
since August 30, 1972, and the most recent deed recorded prior to August 30, 1972.
LEGAL DESCRIPTION
Lot B of Recorded Exemption No. 1061-21-1-RE-2074, according to the map thereof recorded
October 10, 1997 at Reception Number 2576498, being a part of the West Half of Section 21,
Township 4 North, Range 68 West of the 6th P.M., County of Weld, State of Colorado.
CONVEYANCES (If none appear, so state):
N. Reception No. 1404334 Book 1642 Page 124
Reception No. 1740193 Book 818
Reception No. 2232788 Book 1282
Reception No. 2576498 Book 1633
Reception No. 305599 Book
This certificate is made for the use and benefit of the Department of Planning Services
of Weld County, Colorado.
This certificate is not to be construed as an Abstract of Title, Opinion of Title or a
Guarantee of Title and the liability of Heritage Title Company is hereby limited to the
fees paid for this Certificate.
In Witness Whereof, Heritage Title Company, has caused this Certificate to be signed
by its proper officer this 8th day of March, 2010, at 7:00 am.
Order No. H0270884
Heritale Company
By: 11—
Lynn GL
Vance Title Examiner
Authorized Signatory
soax1642 eAGE124 'Recorded at—IL ei 'DAR 5-9 II
Reception No_i 404,3 1 ANN Sep rA{ '
r
THIS DEED, Made Oils Q'4� day of March ri
r
m tM Tc>: o!ow Lord oa thobsavd eJne hundred tied sixty—three t t �. .
between BESSIE B SIANBAUTH, also known as BESSIE B r -
STAMBAUGH, also known as BESSIE B STAMBAUGH,put
;111i49 and Comfy of San Diego and Sank of . Ii
EMANUEL E ZOLLER and KATHERINE M ZOnER,
of the Came of Ianmer and State et Conrad;a the second Pet
WZTNESSETH,that the said partly of the first part,for and in eondderatlm of the tam of
Ten Dollars and other valuable consideration Xliatillaill
to the said part y of the fine part in band paid by the said parties of the second part, the receipt whereof Is x>,.,, ..,,Of
hereby confessed and acknowledged.W s granted,6atgamed,said and conveyed,and by these presentspresentsdo does `...`.. —
grant bargain,sell,convey and refine tam We said parties of the second pert,their heirs and assigns ferret, not - 1
in tenancy in common bet in Joint tenancy,all the following described lot or parcel of land.situate,lying and
Ong in the County of Weld
of Colorado,to-wit: and State 1
Sid} of Section 16, and the NE} of Section 21, Township 4 -4,- ,' ��• '
,H North, Range 68 West of the 6th P.M.; together with 200
acre—Feet of Big Thompson water, 30 shares Consolidated
Home Supply Ditch Reservoir Company, 6} shares Handy Ditch �
s..., ; Company, and 298 shares in Sunnyside lateral Ditch Company;\( '
,-. r ' together with all other ditch, water or irrigation rights - - —
,. used in connection with the above described property or .. s., V.— b
., .:-
appurtenant thereto; - _
;. 4
TOGETHER with alland angular the hereditammm and appurtenances thereunto belonging. ea in agonise
appertaining and the reversion and reversions,remainder and menders,tents,issues and profits thereof;and all the
O estate,right title,interest,claim and demand whatsoever of the said part y of the first part,either in law or equity,
of,in and to the above bargained premises,with the heediaments and appurtenances,
c TO HAVE AND TO HOLD the said premises above bargained and de
Penn of the secondembed,with the appurtenances,unto the said
1 her h • part,their heirs and assigns forever.And the said put
W 9 of the first part,faller '
heirs,aecuton,and administrators do es c°spant nat.bargain and
144\ I of the second part,their hem and assigns,that at the time of the eruealmg andagree to and with the issai parties
r, well seized of the premise,above conveyed, delivery asa these pte of is
as a good,slaw.perfect,absolute and indefeasible e estate of thi e,in
as x`f law,in fee simple,and ha s good right,full power and lawful authority to grant,bargain,sell and convey the same in
'i manner and form aforesaid,and that the same are free and clear from all former and other grants,bargains,sales,lima» taxes,momenta and incembnnces of whatever kind or nature'Dever, sub;ect to 1963 General Taxes
and easements and reservations in place or of record;
S and the above bargained premises in thequiet and
i r\ peaceable claiming
possession the said parties of any second part,their. h heirs
t and=signs.against all and every person or persons lawfully or to claim the whole or part Wereof,the said
s E. part y of the first part shall and will WARRANT AND FOREVER DEFEND.
IN WITNESS WHEREOF the said part y of the first part has hereunto set her hand and
° rad the day and year font shoot
a
o Signed,Sealed and DeUvered in the Presence of z
essie an au [SEAL) a
Also Knorr As:/3Y:44,-w 13. `� ce
l�s ie 8. tamba gn )SEAL] �^
Also Known As: 3 p �' t
CALIFORNIA "Bessie . otann�uu„T^"/9 [SEAL) o
o
STATE OF •i, c
7
County of San Diego }aa ,,,
'J�v�l.� E U
t•i Si' I/ tC.
1b r to.tr°ment we,acimowledged before me this 0 it
day of March 7x1!4 "1$l, bB.
W St(anbaauth, also known as Bessie B. Stambaugh, also known as
to v'skaSpires et, .2/0 19L#1 Wimeaa my band and official seal. {f(
woan veto.
Na 921.WARRANTY Dee°.-To Joint Tewa ,—ewdterd taiezea p,laelal o,uow.leas,.,sly"es as na.a.cbb,.m pa
alt TaaneOyyy-then insert la4aet,tbmnlasart Dame oI Mrs n a,eiasoYw�at ILO ol•aroyni-le Swot or ottra.gioVO err d.n tplim [ emeeer of mss f'
lelaotwDdpa On 1114.1 Colorado Jnvb,dO Of such Memo o d Biotin=ti=lent !oe mw Minn of sorb corporation.manly It—arafneay.
Cr'
4 pop wtordedat iris
scut—A W,, DFC$o-1977 - N
LIN
-teesitboDo 7tYAMa'i - -- - -AV1fl fl5l ASaaw Resider N .
f-/
THIS _EEm Detests 23rd - Ray of December, . . - _ - - _ _
ta77 •bet'a IDlANUEL E. ZOLLER-and KATHERINE H. Z0LLER, Husband and Wife
_'- __ - _At.-1,_ Box•107 A, Berthoud._Colorado - ,
of the Cowart ,Weld and!Ditto( Colorado - - - — - do
a - CaloiwdwdtEelistpirt,a_ ,d' Eii3WOATH E. ZOLLER and DONNA M. ZOLLER, _ - -
.-4 • " - - -- - Rt. 1, Box 107, Berthoud, Colorado - .
O -- - _. - -
ey
• W -
- of 0* - - - - Count of field iidStateofColorado.ofthossosapert
n Wl7'NESSRTH,that the said part ieiofthe first pert.for and inconsideration of the sum of Jf 4
- to ----Ten Dollars and Other Valuable-Considerations DOLLARS. ea -
- w - - - - - - - - -- - -- - - et
- - to the said put See of the lint part in-hand paid by-the said parties of the second part,the receipt whereof is C_
hereby confessed and aclmowledged,ha ve granted.bargained,sold and conveyed,and by these presents do -
- grant•beraun,set convey and confirm unto the and parties of the second part,their heirs and assigns forever, -
h-, not in tenancy in common but in Joint tenancy,an the following descnhbd lot or parcel of land,neuate,
aj - bang and beragm the -- - - County of Weld and State of Colorado,towit b---
t^ - NEe Section 21, Township 4-North, Range 68, Weld County Colorado, Excepts ' M -
.Y. A portion of the Northeast Quarter of Section 21, Township 4 North, _ -
o
�
_ - -
Range 68 West of the 6th. Principal Meridian, Weld County, Colorado, - -
- - being-sore particularly described as-follows, - '- - --- - - - -
- Beginning at the Northeast corner of said Section 21, thence along the, _ - -
North line of said-Northeast Quarter South 89x59'53"-West-1091.74 feet; - - - -
- - , thenoe'South 30'42'25" East 791.05 feet, thence North 89x21'09^ East -`
685.42 feet to the East line of said Northeast Quarter, thence along said,
-- East line North 00012'22" East 672.43 feet to the point of beginning. _. -
Subject to State Highiay right of way along the Northerly line of said
described parcel end County_Road right of way along the Easterly line
of-said described parcel and any-other__easements-and rights of way of _ - '1
record. - - - - -
Together with any and all improvements thereon and soecificalby including -
following,water stock and rights, -
_
, -- (1 - al shares of-Capital-Stock-of Randy-Ditch Co `
- -- -
(2; 7 shares-of Capital Stock of Consolidated Home Supply Ditch and _
- Reservoir Company. - -i - - - . _
3? - 137 shares of Sunnyside Irrigation Ditch Company.
4) 1 Domestic Water Tap of Little Thompson Valley Water District. =-
5))) Together filth any_and all water rights,Irrigation Pumping System -
and Reservoir-now located in NW} of Na, of Section 21, Township ,
4 North, Range 68 West of 6th. P.H., Weld County Colorado
Cr• -
�h cr.{,,g _ -
- Slar am cicu +ltr Pas -
Dreg ;DEC-9 0-l977
_a9? YS -- +:
• - ._a wed Ivthhgadjtamantuand ortenantwe thereunto belonrM,bfiS anyw,a;Ippaw, ,
a - - T !t��- -anon.te e- - ---- -.issues _"'_ te ttieteuL.pe_d`W
•- .tammta.dthe rsvmmon and-rex4mm�±.=rem°nior-mid-remmedeni._ -apt Per.__.,__.__„_
?_ imam ndit•title mb!ut,5Wrb and demand wbassoever oft the said pert lea Hof the lintpar.ertber to law or wuRy,�
-of,in and to the?ba,e bargained prea.rsa.with ittikerednamenti and appurtenances - - ' - - -
_-.iIQe.7 WnRe®-Taalfi�YrarsihiahYY6,4adWMawta,M.JM,wr Ci,M-LTe
-¢5 - -.-s*-5_
18113ill 0noa,3
9-2
TO HAVE AND TO HOLD the said premises above bargained and described with the appurtenances unto the said
parties of the second part,their heirs and assigns forever And the said part lee of the first part,for them-
eel yes heirs,executors,and administrators do covenant,grant bargain and agree to and with the
said parties of the second part,their heirs and assigns,that at the time of the enaeabng and dsinery of these presents,
they are well seized of the premises above conveyed,as of good sure perfect,absolute and indefeasible estate
of inheritance in lair,in fee simple,and ha ye good right,full power and law ful authority to grant,bargain,sell and
convey the same in manner and form aforesaid,and that the same are free and clear from all former and other grants,
bargains,sales,hens,taxes,assessments and encumbrances of whatever kind or natui e,son er Subject to
Encumberance of Regard to Prudential Insurance Company in the sum of
$96,537 00 which Second Party assumes and agrees to pay, easements,
restrictions, encumberances, and rights of way of record, if any
Subject to 1978 taxes due and payable in 1979
and the above bargained premises in the quiet and peaceable possession of the said parties of the second part,their heirs
.C,d assigns,against all and every person or persons lawfully claiming or to claim the whole or any part thereof,the said
part lee of the first part shall andw,R WARRANT AND FOREVER DEFEND
IN WITNESS WHEREOF the said part lea of the first part ha ye hereunto set their hands and
seals the day and year first above written
Signed.Sealed and Delivered in the Presence of e t [SEAL]
' mane E Zoller, Husband
71-22-4(2.-.• ' 'J CPfs ISEALI
Katherine H. Zoller, Wife
MEAL]
STATE OF COLORADO,
as
County of Weld
The foregoing matrumentwas acknowledged before meths 23rd — day of December
19 77,by Emanuel E. Zollerr u band and Katherine N Zoller, Wife
"..... mission / fo ,19 Witness my hand and official seal
•see 119T4Zy !as ft/? a - f:// Noon Public
pups Va ,O j
"';err �Ph f
r'r•"•.Cr O NN r
Cr'
el
g .2
W 5
E 4.0iiit. O
U
A
LI1Iä
V Cti,a naG I
9$ �•ranire
rl Ct IM
m \p e 2 aXH
N w t°ro"" 3N-y$o Je 5 1,-,a
r a g r2 A
W p} v W
E 1282 02232788 11/13/90 08:53 >1 1/002
' ' AR2232788 F 0276 ANN FEDERSTEIN CLERK & RECORDE6 CO, CO
rot_ _1
WARRANTY DEED '
I• THIS DEED.Made 8th dear p( November ,
I' 1990.betwcen ELLLSWORTH E. ZOLLER and DONNA M. ZOLLER 59�'
'i mate •county or Weld and State of
1
'! Colorado.amnion and WILBERT KOOLSTRA and PHAWNREICE MARIE
II. KOOLSTRA ' •
I whose legal address is 31 505 Hlfi yf mu•--r SG
l ?Sher7oac'b, Co. ar05-/3 II
of the
County of (f/E<b and state of Colorado.grantee
.I WrENESSETH,That the grantor for and m consideration of the sum or Four Hundred Twenty One Thousand and li
I no/1OOths ($421,000.00)
DOLLARS, Ii
I. the receipt and sufficiency of which is hereby acknowledged,hasgranted.bargained,sold and conveyed,and by these poems dues pant.bargain.sell. 'I
convey and confirm,unto the grantee,his heirs and assigns forcer.all the real property together With,mplomonu,if any.situate.lying and being in the I
county of Weld and State of Colorado dumbed as follows:
I; See Exhibit "A" attached hereto and made a part hereof.
State Documentary Fee
Date 11-1.3-fD
S 6/07. /O
e
II
I
I
I
as known by street and number as: 2538 Highway 56, Berthoud, Colorado
ii
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 the I
!I grantor,either in law or equity,of.in and to the above bargained premises.with the hereditaments and appurtenances. I'
I TO HAVE AND TO HOLD the said premises above bargained and described,with the appuneaaces,unto the grantee,his heirs and assigns I
I former.And the grantor.for himself.his heir,and personal representatives.does covenant.grant.bargain.and agree to and with Nr panty.hishein and II assigns.that atthetime oflhc cascading and delivery of these presents.he is well seized of the premises above conveyed.has good,sure.perfect,absolute iI
Iand indefeasible esateof inheritance,in law.in fix simple.and has good right.full power and lawful authority to grant,bargain.sell and convey de same 1
in manner and form as aforesaid,and that the sane arc free and clear from all former and other grants.bargains.sales.liens,taxes.assessments, I
I encumbrances and restrictions of whatever kind or nature soeven=cm taxes for 1991 and subsequent years, whichi
I grantees agree to pay; restrictions, rights of way and easements of record or in I
use
The grantor shall and will WARRANT AND FO RE V ER DEFEND the above•bargained premises in the quiet and peaceable possession of to grantee,
' his helm and assigns.against all and every person or persons lawfully calming the whole oranypan thereof.The singular mother shall include he plural, I
lI the plural the singular,and the use of any gender shall be applicable to all genders.
IN WITNESS WHEREOF,the grantor has accused this deed on the date set forth above.
-7664.. (if 4)r ir--t 23 n-ez..
Ellsworth E. Zoller Donna M. Zoller '
ii
STATE OF COLORADO ll
aunty of Boulder }ova.
it
„Tut promos instrument was acknowledged before me this 8th day or November .19 90 . I
•.4.siBtlli4 j E. Zoller and Donna M. Zoller 8th
"h4AMY,eirrairiA : January 23, .19 93 .Witness my hand and official seal. ,I
.c.•;$4_
spT .�vv '/ //// b I.
;"..- ,
:jFy...
.m:i O r. CO�' ! Katy rats l.
jIf m Deaver,insert'City and'. I'
I�
No.932A.Rev.7-84. WARRANTY DEED CR.Pb,l'G.Alr Man) .. . -.. .e,is,'
Branca Publishing.1743 Ware Y..Dann.CO tents—(sey1292.2500—MO
B 1282 REC 02232781,1/13/80 08:53 X10.00 0/002
F 0277 MARY ANN FEUERSTEIN CLERK S RECORDER WELD CO, CO
EXHIBIT "A"
The Northeast Quarter of Section 21, Township 4 North, Range 68 West
EXCEPT a portion of the Northeast Quarter of Section 21, Township 4
North, Range 68 West of the 6th P.M. , being more particularly
described as follows:
Beginning at the Northeast corner of said Section 21; thence along
the North line of said Northeast Quarter South 89°59'53" West, 1091. 74
feet; thence South 30°42'25" East, 791.05 feet; thence North 89°21'
09" East, 685.42 feet to the East line of said Northeast Quarter;
thence along said East line North 00°12' 22" East, 672.43 feet to
the Point of Beginning.
EXCEPTING THEREFROM those parcels of land conveyed to The Department
of Highways, State of Colorado, by Deeds recorded April 13, 1962 in
Book 1611, Page 559, and August 10, 1962 in Book 1622, Page 379,
ALSO EXCEPTING THEREFROM that portion conveyed to Weld County by
Deed recorded November 22, 1989 in Book 1249 , Reception No. 2198101,
COUNTY OF WELD, STATE OF COLORADO.
AND RESERVING unto the grantor, an undivided 1/2 of all oil , gas and mineral
rights, which reservation shall continue for a period of ten years and so long
thereafter as oil and gas is being produced in paying quantities from wells
producing on November 8, 2000, after which such rights shall revert to the
surface of the property at the time.
0 • r
i€i :i '_.
1 1 , 1 gS}
: 1I I� I ) 9F
!Ti! 6
�!sEi; : ; i ! 11-
! r
1
CNI is lyj ll; 1 FI<l I i : y 11O -iie I lie
th I W
O HI I I ILL/LUL/n U,.tlh } i iiiv in• I p - O
W {u 1Iii ar-....
CC If lift art h.l} 1 1 1'1 Ij.!I � . ,i I114'
h
''dill Ill IIIIIIIIIIIIII1i1111 II l•hl 'ail' i 'if I & u
I.I 1ii1 l l • •- Jib , col; :It II 1 --II 1 1 1
I !blip!ill lllllilllllll!lidy!? i!!!y] g )) i , Jill y
r 0 , . Irlf yi.L11I2 trye'2! �1a�Q�i:1. 61 Ir .: { �I i i i !: I. ! ` !r R §
B .EI;�J;J'sc11:}ij 1t11t i3i3ii llllilllllJ�� {9 ;jig I I, ! iJ @ I I
��
o iii
Z O � �6 `.,„ „a1r,xmil 1*6 a+,
LCL (. 11 @a`.r! p iun d`l;� Y 91
L O iDl
1111 Ii...m yq fq-iii '-Alain 10 e0 14
x gi-A ei j dis ° r.r f:' 7 1lp
1.1 i; .4 e
W OA
1'.t, y , fl C_^t _ e: l
Q `y II.1 IIE�I�(i rat I��'[ Eg d "au1 r 3�r g ILES. 4
W al . III 111111 ri31i 204 j 1 Ai:y i -8da* ! i
F0-- +ear Pis[^
Q 5 - - iris S • lids L'051
CC
0
0
W
CC
., o•moo° cnc
pi sp. ill/� 7i: A!! .'o
°1 `O
;II II .3; c -
1`r II 1 c o Gve
r11 .. II
II 1 I.IU jj!
F
II " i v
33a
I °` I a U gtiFig
2 Is II a
I a s R
r L sp
L °_ ..n.„ II : .
II ill I I E. ,� ➢ - q leg,
e @
ae is
Y- O
II
9U.. le I Ii e, �\ tl
[led11 IN
41 ±il n
r ii a I I
599 111111111111131111011111111111 IIIII IIII lit
3095599 04/2412003 02:12P Weld County,CO
1 0l 1 R 8.00 D 0.00 Steve Moreno Clerk 8 Recorder Due colored inks do not ot reproduce.
SPECIAL WARRANTY DEED
THIS SPECIAL WARRANTY DEED,made this day ay of April,2003,between Wilbert Koolstra
and Phawnrice Marie Koolstra,a/k/a P.Marie Koolstra,whose address is 2538 East Highway 56,Berthoud,
CO 80513, grantor,and Koolstra Fish Farm LLLP,a Colorado limited liability limited partnership,whose
address is 2538 East Highway 56,Berthoud,CO 80513,grantee. (The terms"grantor"and"grantee"include
the respective heirs,successors,successors-in-title,legal representatives and assigns of the parties where the
context requires or permits.)
Grantor,as a capital contribution to grantee,hereby sells and conveys to grantee,all of grantor's
right,title and interest in all of that certain tract or parcel of land lying and being in Weld County,Colorado,
as more particularly described as follows:
The Northeast Quarter of Section 21,Township 4 North Range 68 West EXCEPT a portion
of the Northeast Quarter of Section 21,Township 4 North,Range 68 West of the 6'"P.M.,
being more particularly described as follows:
Beginning at the Northeast corner of said Section 21;thence along the North line of said
Northeast Quarter South 89°59'53"West,1091.74 feet;thence South 30°42'25"East,791.05
feet;thence North 89°21'09"East,685,42 feet to the East line of said Northeast Quarter;
thence along said East line North 00°1222"East,672.43 feet to the Point of Beginning.
EXCEPTING THEREFROM those parcels of land conveyed to The Department of
Highways,State of Colorado,by Deeds recorded April 13, 1962 in Book 1611,Page 559,
and August 10, 1962 in Book 1622,Page 379,
ALSO EXCEPTING THEREFROM that portion conveyed to Weld County by Deed
recorded November 22,1989 in Book 1249,Reception No.2198101,COUNTY OF WELD,
STATE OF COLORADO.
also known as 2538 Highway 56,Berthoud,CO 80513.
To have and to hold the property,together with all and singular the rights and appurtenances thereof,
to the same belonging or in any way appertaining,for the use and benefit of grantee in fee simple. This deed
is made expressly subject to all matters of public record.
Subject only to the title matters set forth above,grantor will warrant and forever defend the right and
title to the tract or parcel of land described above to the grantee against the claims of all persons claiming by,
through or under grantor,and not otherwise.
IN WITNESS OF THE ABOVE, grantor has signed, sealed and delivered this decd on the date
written above.
Wilbert Koolstra
"k\No
Phawnrice Marie Koolstra,a/k/a
P.Marie Koolstra
STATE OF COLORADO
)ss.
COUNTY OF WELD
The foregoing instrument was acknowledged before me thisn}J-day of April,2003,by Wilbert
Koolstra and Phawnrce Marie Koolstra,a/k/a P.Marie Koolstra.
WITNESS my hand and official seal.
My commission expires:)-4 c {�111/lf �did�
Notary Public 1I P
Return to: Witver, Oldenburg, Barry ,LP� Po
6 Bedingfield, LLP Q �
822 7th Street, Suite 760 =
Greeley, CO 80631 GO�DD ARD •
9�OP ppL '
- . . . ' : .,n._= _ —''l P2
X71,}�� j f���� anti i•i RitF i _
.. i lITFi•Fi�.,-tl'L(�.'Z7UY �IIM RIi --amass- - ..
•
-, .. 'INIXYI,..- -�S i9fif!_M'Ji...r.%N_i ,wit_., -.- __. - ... .•... .t
i.i3: ^""1.�.!'�t�i`` � T+.tg�f'._�i`�•a .sll7LVi.�IIR �— �...�E_-- _— _
.01/,'• 1 f ZJ � '-
Y '/( L 621271A-1si 1 .N,t1U t 4T IX F5t !
...._ l + lRT1R✓ ca-va ...1 _ -" ,,i' }-S₹.i�1 ^O"^lCA3�@Iv - Y-Y]-3E= S:J+A"i.7. - .='... ^'sL....._. �T' - —
t 02/02/10 •-•1,-t„,, , :-.,.. -r5 i
•
4 01.63611(% 6554002 .)1I4;7.v 613685a sALk 7Rf?ci 2a17-
•
.... .. ilfl3p2 ccaL ern ISO06 x n.nfi9lnF. = 77 nn_I i
''A .. ilage m!ts mn ^Onnn ^t. Q.C O2?v6 7,4,.ua i
-
:_'�-' Jh"l �u ff • d COS,L 750i ,c if.i:ii3ittu _= 'J. .7c
c
.... Usa.yt COWL op 7 R!Ej x O_:;i:3y(:S; _ 100.93 =
1
! E
• E
-1 - •
E
I F
•
1.._._ .- I
t ir •ii tsar, a. .. . i .
¢_. �..Y CUt�cut. CLwzz .. 5iti,ux 1 •
....L"�.u_�......-.�.-.m - u[
— t 3i_ iL.:?Ai'i' Tr,(i no
....:.T..-:.g a 3 il=tea tisr(;7 rt< 1st if you rec v c3 l Gv r.�: qt r. a t5,00 fC:e
If'17 .iu `A::ma t.,. .'' n= _ _ hiI , .,_;, - _
i+.r ..4,—m Pl -nCt_rt-tS-1`cr9,_ e: �vii7 ai=g:,t _.L tT".t;%t ..gin-t'^ 3,.±1:13_ .. ,_�- i G..�sW 1 1
• Fi-T $;t T: ,iLZN6: wrw_LT F'.cr' oz CP.i:.:.: a-zta ?. -civi '
JCLOIfV iQUU Ual mnCIt dam upon Tto*i t
...• ' -k..-_ li41.-Y)I-y will t .:dS1'd to doillacuant COUtte. '
• FiaLia:Rf.r iti ;tfr.iAl ;,'H''RRnr = f:y iaimn
G-6.000 = v 2.20 .1000-4=1
e;,GOI-in:(to . I.F. h 1411.1e. . !...
30,001.6a,aoa - t a.oa«0u; iie
.g,-,_,.4. , •.se l,rin(� wi t.
Iei:Aead[ r - F.[.t11^.ai^_d Rcad1nc __.-Little 'ii`i'-,mpevn Water u:�i.,it:i
CO - Llierrm-.. s:nr t_n :t•.n! air s: iaw., {IS
4R Credit R7ta-Sal-2a4e,
1517 16th Avenue Court ` � -� IRAN
Greeley, Colorado 80631 [ (�1 � ImoREPAIlto
''
(303)353-0635 Wield County Health De pa etlt pnem.
STATEMENT OF EXISTING FOR SEPTIC SYSTEM (� �! 97®,1 �
(PLEASE FILL OUT IN BLACK INK ONLY) ✓`)C/ (�
OWNER OF RECORD: -l; �1e y
M
� P ' IL-v0 `�, ��; PHONE: 7/0 /
MAXLLNG ADDRESS: :3 >; J_.' H (. -
City State Zip
SITE ADDRESS: ) C i'Y' C_
City State Zip
LEGAL DESCRIPTION: PT: PT: SECTION: 2. k TOWNSHIP:lp/ RANGE: (0,S(
SUBDIVISION: LOT: BLOCK:_ FILING:
NUMBER OF PEOPLE: Z BATHROOMS: ? LOT SIZE: P'/
> <:<0S BEDROOMS: j
`RESIDENTIAL or COMMERCIAL BASEMENT PLUMBING: Yes (NO) WATER SUPPLY: J. it/lc
SYSTEM SIZE: Tank is constructed of ( 00C Ce tc..> and has f -Z C ('; gallons capacity
(material)
FIELD: Bed •�QC)C) sq. ft. or Trench sq. ft. DATE SYSxu1 INSTALLED: / `/ `/
Yon are required to draw a diagram of the system on the reverse side of this form in
black ink only and indicate location, length, width, and distance from the dwelling.
The undersigned property owner hereby certifies that the above described septic system
is in fact installed. as described, and exists at this time on the parcel of ground
identified by the above legal description and further states that the system is in good
working order and to the best of his/her knowledge is not failing to function properly.
I further understand that any falsification or misrepresentation may result in revocation
of any permit granted based upon this information hereby submitted and in legal action
for perjury as provided by law.
' ( 1 C
Date
Owner
Subscribed and sworn to before me this day of \, f.,/,, —,i46,' 199
by � � pr,e / nA/S7 w
Witness my hand and official seal. My commission expires: J/J/-/ -
�_ak -t :t C� 1 -11
/� (/
Date ( ./ rK„ it.w(
Notary Public
STATEMENT OF EXISTING REVIEWED BY:
Environmental Protection Specialist
Hello