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I ( Is A> nF. E"Va W M w �% I ) q< s o�DE iW1 --FAirfAl ii: II , °" \-� ( wi i )) 154 hki im q l a F3a y I I I`S" .,u iii 150Ua PO 9' g / d IIY .a z a 's $ rI a tr4 II et:93190.2.2t 182412 ''‘)pt Ni nrn'22�Sanid ji mum.OPY PIA R Y £ • tt n+yp 01114 Mt vs T [ _ ` a §P a s<i � � � R�.S eNwiOF SWIM mU�io-rse S �4ra b p sae i" t 7 € $ 8 R �0, IIdi€ Sps it $ i1!li • • DEPARTMENT OF PLANNING SERVICES V iRECORDED EXEMPTION C RECORDED EXEMPTION ADMINISTRATIVE REVIEW COLORADO Applicant: Kiyota Properties, LLC AMRE-4153 Planner: C. Gathman Legal Description: Lot B of RE-4153; located in the SE4 of Section 35, T3N, R67W of the 6th P.M., Weld County, CO. (in conjunction with RE-5051) Parcel ID#: 120935400003 Lot A Size: N/A Lot B Size: Before: +/- 117 acres After: +/- 122 acres Water Source: Proposed Central Weld Sewer System: Septic County Water District Criteria Checklist Yes No X 1. Conforms with Chapter 22 of the Weld County Code and any adopted municipal plan. X 2. Compatible with the existing surrounding land uses. X 3. Consistent with the intent of the zone district X 4. Consistent with efficient and orderly development. X 5. Complies with Recorded Exemption standards in Section 24-8-40 of the Weld County Code. X 6. Provides for adequate protection of the health, safety, and welfare of the inhabitants of the neighborhood and the County. Approved with Conditions The Weld County Department of Planning Services has determined through an administrative review that the standards of Section 24-8-40 of the Weld County Code have been met. This Recorded Exemption is approved with the following conditions in accordance with information submitted in the application and the policies of Weld County. 1. A Weld County septic permit is required for any proposed home. The septic system shall be installed according to the Weld County Individual Sewage Disposal System (I.S.D.S.) regulations. p 7 2. Prior to recording the plat: XThe building envelope as shown on the recorded RE-4153 plat (rec. # 3340824) shall be indicated on the AMRE-4153 plat. X The plat shall be titled: Amended Recorded Exemption No. 1209-35-4 AMRE-4153 KThe applicant shall provide documentation of the existing water source for amended Lot B (for the existing greenhouses) and documentation for the proposed water source on amended Lot B in the event a single family residence is constructed on this parcel. You indicate the water source for proposed Amended Lot B has not changed. Central Weld Water was the proposed water source for the original recorded exemption 4153 (recorded 11/17/2005). A letter from the Central Weld County Water District indicating capacity to serve Lot B of AMRE-4153 (or evidence of an existing water tap that can be utilized for Lot B) shall be provided to the Department of Planning Services. The applicant shall address the requirements of the Department of Public Works as stated in their referral dated September 15, 2010. Items to be addressed are: 1) The applicant shall use the existing access to the property. No new accesses will be granted. 2) Show and label the floodplain boundary on the plat. XAll approved existing accesses shall be clearly shown on the plat. The applicant shall contact the Weld County Department of Public Works to determine if a culvert is necessary at any approved road access point. If a drainage culvert is required, a 15 inch Corrugated Metal Pipe (CMP) is Weld County's minimum size. If the applicant chooses to place a larger culvert please contact the Weld County Department of Public Works to adequately size the culvert. 1 County Road 21.5 is designated on the Weld County Road Classification Plan as a collector road, which requires 80-feet of right-of-way at full build out. There is presently 60 feet of right-of-way. An additional 10 feet from the centerline of County Road 21.5 shall be delineated on the plat as future County Road 21.5 right-of-way. All setbacks shall be measured from the edge of future right-of-way. The applicant shall verify the existing right- of-way and the documents creating the right-of-way and this information shall be indicated on the plat. If the right-of-way cannot be verified, it shall be dedicated. This road is maintained by Weld County. �U- , X The applicant shall address the requirements of the Weld County of Building Inspection as stated in the referral response dated September 7, 2010. The proper permits shall be y obtained from the Department of Building Inspection for the existing greenhouses that have �.V:4\S' been constructed. Evidence of such shall be submitted in writing to the Weld County �j� Department of Planning Services. Q Setback radiuses for existing oil and gas tank batteries and wellheads shall be indicated on / K• the plat per the setback requirements of 23-3-50.E of the Weld County Code. 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) All structures requiring building permits shall be located within the designated building envelope. 4) WARNING: LOTS MAY NOT BE BUILDABLE DUE TO FLOODPLAIN OR FLOODWAY DESIGNATION. Please be advised that owners of Lot B may not be able to obtain building permits to construct non-agricultural structures. All construction or improvements occurring in the flood plain as delineated on Federal Emergency Management Agency FIRM Community Panel Map 080266 0855 C dated September 28, 1982, shall comply with the Flood Hazard Overlay District requirements of Chapter 23, Article V, Division 3 of the Weld County Code and all applicable FEMA regulations and requirements as described in 44 CFR parts 59, 60 and 65. 5) Flood Hazard Development Permits will be required for development activities located within the FEMA mapped South Platte River Floodplain. 6) The installation of any septic system within the 100-year flood plain shall comply with the Weld County I.S.D.S. flood plain policy. In accordance with the State of Colorado I.S.D.S. Regulations, no septic system shall be installed with in the floodway. 7) 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. 8) Prior to the release of building permits, the applicant shall submit evidence to the Department of Planning Services that Lot B has an adequate water supply of sufficient quality, quantity and dependability. 9) Prior to the release of building permit, the applicant shall submit evidence of approval from the Platteville Fire Protection District to the Weld County Building Department. 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 29-3-20.8.13 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 (SUP-64 — Turkey Farm) is located directly south and east of the intersection of County Roads 24 and 19. 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) Prior to the release of building permits on Lot B, the Lot owner shall verify with the nearest Town/City or Sanitation District to determine the location of the nearest sanitary sewer line. In accordance with the Weld County Code, if a sewer line exists within four hundred (400) feet of the property line and the sewer provider is willing to serve the proposed structure, a septic permit cannot be granted by the Weld County Department of Public Health and Environment. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. 16) 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) 17) 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. 3. 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. 4. 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 $50.00 recording continuance charge may be added for each additional 3 month period. 5. The Department of Planning Services respectfully requests the surveyor provide a digital copy of this Recorded Exemption. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles, Arclnfo Coverages and Arclnfo Export files format type is .e00. The preferred format for Images is .tif (Group 4). (Group 6 is not acceptable). This digital file may be sent to dhuerter(aco.weld.co.us r • 6. The Weld County Department of Planning Staff's approval of this Recorded Exemption Application is based on satisfying the Conditions of Approval. Should an applicant be unwilling or unable to meet any one of these conditions within 60 days of approval, then this case will be forwarded to the Weld County Board of County Commissioners with a staff recommendation for denial. By Date September 25, 2010 Chris Gathman - Planner Ill • •mom - 1{ 153 Plat Checklist POC Planner Item Comments Check Check Proper size and material 24" x 36" or 18" x 24" /Minimum 3 millimeter polyester sheet se Lettering No stick-on lettering / Minimum 8 pt. lettering ✓ Boundaries of Lots toe Scale Suitable Scale? (1"=200'or 1"=100') ✓© te4011 Accesses indicated Shared Access?If so, is easement Certificate included? *Cita Roads labeled, including boose. PSI R.O.W 1"IGi4 Building Envelope(s) 0M a- Tette Vicinity Map Suitable Scale? (Minimum 1"=2000') Re North Arrow ✓ Legal Description t•oe Sv b - Notes from Planner/ YNOV16 Nb4. 03 -. meta) " Cji Development Standards Conditions of Approval Owner's Certificate Notarial Certificate included'?All owners must sign the plat, '/ check the deed. Surveyor's Certificate and All surveyed plats t≥✓ Surveyor's Stamp Note: USR plats do not need to be surveyed Director of Planning Notarial Certificate included? (RE, SE, SPR,Final PUD if / Certificate Staff Approved) Planning Commission (USR, COZ,Minor Sub.Final) N f f$ Certificate Board Certificate (USR, COZ„Minor Sub Final) NM(Final PUD,RE, SE&ZPMH if Board approved) Typical Road Cross Section (COZ,Final Minor Sub. and Final PUD) NIA Easements AIR Please return the plat to the CAD Technician within 24 hours of receiving the plat. Ft AAAI ta 3/VVZ°ii - ea' Planner on Call: (Initials) Planner Signature: Date: 3/rifZo1 ( ., DWELD COUNTY,COLORADO EPARTMENT OF PLANNING SERVICES 918 10Th STREET GREELEY,CO 80631 PHONE:970-353-6100,EXT.3540/FAX:970-304-6498 Date: ii//3 20 a) Receipt No. 9 Zse I Received From: C-c/ %n� ,, J-;r ce, f ‘. G � Permit Type No. Description Fee 2..-'5`/ E //Mt 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 E -CHECK NO. /(P/ - TOTAL FEE AS v Receipted By: DL# Exp. WELD COUNTY,COLORADO DEPARTMENT OF PLANNING SERVICES 1555 N 17TH AVENUE GREELEY,CO 80631 PHONE:970.353-6100, EXT.3540/FAX: 970-304-6498• Date: aj •74 20J Receipt No. 1 5 9 1 Received From: x-I4E: A, ,I�terms Permit Type No. Description Fee 4221-RE/SE 4221-ZPMH 4221-USR it 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 t. k.trige ,K`52 n i — CASH L CHECK NO.S_OCREDIT CARD TOTAL FEE 2 Receipted By: DL# Exp. � I Chris Gathman To: Larry Clark; hammersurveying@comcast.net Subject: AMRE-4153 & RE-5051 plats & prior to recording conditions of approval Larry, Public Works has reviewed the plats and has no changes. After my review There are a few minor changes remaining: AM RE-4153: 1) The 30-foot access and utility easement indicated on RE-4153 (recpt. #3340824). ✓ 2) Lot A of RE-4153 should be made a lighter shade—also the label "Lot A AMRE-4153" shall be change to "Lot A RE-4153". ✓ 3) Remove General Note #3. 4) Minor spelling correction on Note#17—the word "THAT" is misspelled. RE-5051 1) Minor spelling correction on Note#17—the word "THAT" is misspelled. REMAINING CONDITION OF APPROVAL: Condition of Approval D—Septic System : I showed a copy of the check you provided me for the septic permit to the Department of Public Health and Environment.They have no record of this check ever having been received/receipted in their Department. All other conditions of approval have been addressed. 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 1861 -2011 WEL ._COUNTY I I 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 1 • Chris Gathman From: Heidi Hansen Sent: Wednesday, March 09, 2011 7:52 AM To: Chris Gathman Subject: RE-5051 &AmRE-4153 Plats Chris, I took a look at the plats and they look okay for PW. The new access to Lot B is allowed because they agreed to close the U driveway on Lot A. Thanks, Heidi Heidi Hansen, P.E. Engineer II Weld County Public Works 1111 H Street Greeley, CO 80632 970-304-6496 ext. 3745 11411 701 , 111 µ N . F.t,{,,,�[O TT C1'Lonfidentiiality 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 r privileged,mmed confidential nts l or sender by return e protected from disclosure. If you have received this communication distributionn pr the tame immediately action concerning r the e-mail and destroy the communication. Any disclosure, copying, roerning t contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. t Kiyota Properties, LLC C/O—Mark Goldstein —1205 W. Elizabeth St—PMB 134 • Fort Collins, CO 80521 • 970-797-2187 February 17, 2011 Chris Gathman, Senior Planner Weld County Department of Planning 1555 N 17`h Avenue Greeley, CO 80631 Golden Dome Aggregates, LLC:4—lot RE-5051 Kiyota Properties, LLC:AMRE-4153 Dear Mr. Gathman: Regarding the two applications referenced above, I am remitting answers and supporting documents, along with the proposed final plats, for the completion of the two projects. These two projects are tied together because the Amendment application (AMRE-4153) changes the size of the Golden Dome property, and thus the configurations of the Golden Dome Recorded Exemption layout for their application (RE-5051). 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. KIYOTA—AMRE-4153 NOTE: This is an application to increase the size of the existing Lot B by approximately 5 acres. There are no changes to the status that existed when the prior RE was approved. The structures are not changing, the water source is not changing, no new accesses are required and no additional building sites are proposed. However, the comments and requirements placed on the approval of this Amendment have taken several months and several thousands of dollars to satisfy. RESPONSES TO STAFF COMMENTS 1. Any proposed home development will comply with Weld County Individual Sewage Disposal System (i.S.D.S) regulation. 2.A.The building envelope from the prior recording (RE-4153) is shown on the AMRE-4153 plat 2.B.The plat is titled Amended Recorded Exemption No. 1209-35-4-AMRE-4153 • • 2.C. Attached to this response are copies of documents from Central Weld County Water District confirming the existing water supply. 2.D. 1. Existing access will be used and no new accesses are requested or required. 2.D.2.The flood plain is labeled and shown on the plat. 2.E.The existing access is shown on the plat. Should the access need repair or modification, all such repairs or modification shall be done within the guidelines and approvals of the Weld County Department of Public Works. 2.F. Right of way for County Road 21.5 is shown as the existing 60 food right-of-way, with an additional 20 feet(10 on each side of the centerline) 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. 2.G. As stated in the NOTE above, all of the structures in question were in existence at the time of the prior Recorded Exemption's approval, and these new requirements were not imposed at that time. However, the Kiyotas have spent nearly$15,000 to make sure the requirements have been met. Documentation is attached to this response which includes the Ag-Exempt Certificate of Compliance Permit, Building Permit application, signed Building Permits following inspections, and other correspondence. In verbal communications with Ken Swanson, it was indicated to Roger Kiyota that all requirements have been met or waived. 2.H. Oil and gas tank batteries and wellhead setbacks, per Weld County Code 23-2-50 E are indicated on the plat. 2.1. Attached is a printout from the Weld County Treasurer's office indicating 2010 taxes of$837.92, which are not yet due. There are no delinquent taxes due on the property. 2.J. Notes J.1 through J.17 have been placed on the plat. 3.Three paper copies are attached to this response letter. 4. If additional fees are required, please inform the applicant and they will be paid. 5. Upon final approval, and any revision to the plat attached, the surveyor will provide a digital copy of the Recorded Exemption. 6. Applicant believes that all conditions for approval have been met. • • Sincerely, j Larry Clark For: Kiyota Properties, LLC c/o 1205 West Elizabeth Street— PMB 134 Fort Collins, CO 80521 970-797-2187 larryclark@goldsteinenterprisesinc.com DEPARTMENT OF PLANNING SERVICES arSta,a 1555 N 17`h Avenue GRHONE EY, COLORADO 80631 T.354 PHONE (970) 353-6100, EXT.3540 FAX (970) 304-6498 COLORADO September 7, 2010 Applicant: Kiyota Properties, LLC Project: Amended Recorded Exemption Case Number: AmRE-4153 Parcel Number: 120935400003 Narrative: According to Weld County records, no building permits (BCR) or Ag-exempt permits (COC)were obtained for the greenhouses constructed 1. Permits are required for the existing greenhouses constructed. The type of permit depends on the proposed use. 2. Buildings shall conform to the requirements of the various codes adopted at the time of permit application. Currently the following has been adopted by Weld County: 2006 International Building Code; 2008 National Electrical Code; 2006 International Mechanical Code; 2006 International Plumbing Code: 2006 International Energy Code;2006 International Fuel Gas Code; 2003 ANSI 117.1 Accessibility Code and Chapter 29 of the Weld County Code. Regards, Ken Swanson Weld County Building Official 970-353-6100 ext. 3548 ATTACHMENT For Kiyota Properties, LLC Amended RE-4153 Additional document for STAFF COMMENT 2.C. Central Weld County Water District Verification of Water Supply 2.C.The AMRE-4153 is concurrently submitted with this application to the Department of Planning Services 2.D. Proposed Lot A needs to be treated as a vacant lot on which a residential home will be built.There is a structure on the site but it will be demolished and the septic system that used to serve it will be filled. For the new construction all necessary permits will be acquired and all regulations will be followed, including Weld County Individual Sewage Disposal System (i.S.D.S) regulations 2E. 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: 2.E.1. The eastern access to proposed Lot A has been closed (photograph is attached). This closure gives the applicant an allowance for one access in a different location (no NET increase in total access points.) 2.E.2. The allowed new access(granted by having eliminated one on proposed Lot A)will allow access to proposed Lot B. The configuration of the property,oil and gas wells and tank locations,could not accommodate placing proposed Lots B and C beside each other. Since only one access is available, it is being used for proposed Lot B. Proposed Lot C will use an existing access. The existing access will become part of AMRE- 4153,when approved, so an access easement has been created and recorded which allows both AMRE-4153 and RE-5051 to share an access which already exists from Weld County Road 21.5. When the plat is approved,application will be submitted to Public Works for an Access Permit for proposed Lot B. 2.E.3. Lot D will use existing oil and gas and ditch road accesses. 2.F.The existing accesses are shown on the plat. Should an accesses need repair or modification,all such repairs or modification shall be done within the guidelines and approvals of the Weld County Department of Public Works. The new access,to proposed Lot B,when constructed, shall be built within the guidelines and approvals of the Weld County Department of Public Works 2.G. Rights-of-way for County Roads 21.5 and 24.5 are shown as the existing 60 food 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. • m O 0 N Nu. d � o , CO.a •• CI N O O " _ - s lP l.) ,3 ----_m - 7 N 4-' W O .r-I U N a a a) cn -d 1'71 r+ H in H * * N 1481: 1300C * * O Ln o Q r O o o o j - l-nrn N L� , _ - m . O "? O a tP O m -. O N Q w S. S - bi m o rl U - �rl Na): oH 3m ci HCA- * -"p4' m m O * * in cn* *° * * ri 55 H o O O a min - o 'a d' • O CS - � oH O - 1O ,n m - 3i; w ` O 3" <r N 3 0 3 m • Cq L° O -ri U r , W,. m a 0i - O N U] -'1-:- - - 3 ri, - -. ... A * O in 0 H mo * * c cs‘ ri \* * ft co * * o O 1N01l/09/2010/TUE 09:32 AM Weldirty Water FAX No, 970 353 .5 P. 001 • - May 19, 1977 ACTIVE TAPS TAP FEE AGREEMENT NOTE: Current tap of 3/4" being traded in for I" tap. CuatOWeT paying the difference of the two. THIS AGREEMENT, made and entered into this 6th day of September , 1991_ by and between the CENTRAL WELD COUNTY WATER DISTRICT, hereinafter called the District, and John R. Riyoca and Daisy F. aivota , hereinafter called Customer, WITNESSETH: WHEREAS, District has been organized as a legal body and is known as the Central Weld County Water District, and WHEREAS, Customers are taxpaying electors within said District, or desiring to join said District, or and. WHEREAS, Customers are desirous of acquiring one water tap of }'• . inches in diameter from the said District, NOW, THEREFORE, in consideration of the premises and the terms of this agreement, it is mutually agreed as follows: 1. Customer agrees to pay the tap fee of E 5.HOn M Five thousand eight hundred and no/10o'a*************************** Dollars. 2. In the event it is not economically feasible to extend the water to the property line of Customer, which matter is in the entire discretion of District, then all sums paid hereunder shall be returned to Customer and the agreement shall be null and void. 3. The description of the premises for which these taps are being purchased is as follows: NWk SE:; SEk SEk Section 35, Township 3 North, Range 67 West of the 6th P.M. Weld County, Colorado. 4. This agreement, when approved by the Board of Directors, shall become a legal and binding contract upon all parties hereto. 5. Customer further agrees to execute any and all easements needed by District at no expense to District, across Customer's property for the purpose of installing any pipelines constructed by District. District shall be responsible for restoring surface area back to reasonable condition at District cost. 6. It is further mutually agreed that this agreement shall extend to and be binding upon the heirs, executors, administrators and assigns of the parties hereto. 7. Customer further agrees to the following special provisions: • 8. Customer further agrees to abide by the rates established and the rules and regulations of the District. IN WITNESS WHEREOF, the parties hereto have hereunto and hereunder set their signatures the day and year first hereinabove written CUSTOMER SIGNATURE CENTRAL WELDCOUNTY WATER DISTRICT (Property Owner) /y BY C� � � � ba 4.61/26:—.•'nnnn8. tyoca r/ ' ✓,1'-1�,r.n.. ATTESTC7Glirn.LAJ ley P, �.iyota �/ • • 1.4 �• �.F,:to i'. .•.�, . YC+/':'9/2019/TUE 09: 32 AM Weld my Water Eel:' No, 970 P. 002 ' 2235'— 2nd Avenue • \f Greeley, Colorado INFORMATION APPLICATION FOR WATER SERVICE CUSTOMER COMPLETE: H 74..4A5/1'/ , /)Ar F7-22./,"�/,C FOR OFFICE USE ONLY Name df Property Owner Phone: --/W,5--,9:7O.1e.), Meter a Account No. 6-97) 4-' 4- Date Property Included in Dist. c2/^1/ Namd of Person who will receive/bills Property Plotted ---1 Tap Plotted —1 Phone: 7,QtS Date Tap Agreement accepted by Board // 9‘4/ /r.JJp%7" (!i /� / a/%a Tap Fee Pd. Date 7 � Study Fee Pd. —. Date ��. /7" 76rYJ, (1/) LY.x`'/ Meter Address Extension Fee Pd. --"'" Date Information Sheet //96-4/ ✓ R.O.D. /. Petition ✓ W.O. C f-',? T/ ,3 ,2 Tap Agreement ' Meter Sheet ,/- Mail Bill/Address / Assignment Alpha List ,,.— Meter Size File Folder Label ✓ Location List ✓ Tap Fee Owner/Tenant List ...% Active ✓� Standy-By r"-'" Property and Tap Location: NOTES: / Section �,,S, Township , Range - ?V71 (Prix, i)b 7j — T j /A {!.Yci:. Subdivision rcni IIu Lot , Block } l Show Approximate Tap Location Below ! ` ' t /. .11.214-'r1 Ifl 'i C. NORTH i '.'ES'e EAST use. 0P 2.2-r•t kou SOUTH DATE APPROVED _ CUSTOMERS SIGNATURE ° :7/09/2410/TUE 09:23 AM Weld my Water PAK No. 970 353 5 P. 003 c*, Central Weld County <*n CONNECT - Meter Reading System Copyright 2010 Badger Meter, Inc . 11-09-2010 09:15:03 Page 1 Customer Record - ORION = _ Customer a Account #. . . :105901 Name :SUSAN KIYOTA Address :C/O KIYOTA GREENHOUS City, State : , USA Zip Code Phone # Meter Type :Water Date Installed. . : - - Model :WCR 26 & 21 1/2 Meter Tag Color. :None Serial # :90586207 Service Type :1-Servl Location :S 35-3-67 Resolution :RTR TC = 10 Gallon Reading Module Module Type. :ORION Date Installed. . : - - Model Active :Yee Serial # :61032147 Lat/LOng :40.17434333 -104 .857720 Location a Current Reading Date/Time. . . :10-19-2010 08:24:06 Comment Code. : Reading : 6233924 I 6233 Route # 0013 High Limit. . : 999999000 999999 Sequence # . . . :14090 Low Limit. . . : 5950000 I 5950 Reader ID :scm Verify Read. : Sent :No Read Type. . . : (R/D) Normal/Interrogated Tamper Code. : (L) Potential Leak Reader Comments Comment To. . : Message To. . : Comment From: Message From: Notes History Date Reading Account # Time Ilse Meter Serial # Read Type Reading Information 10-23-2008 11588000 90586207 105901 ID=din 12 :50:00 (R/d) Normal/Manual 11-20-2008 11749000 90586207 105901 ID=dln 10 :22:09 161000 (R/d) Normal/Manual 12-192008 11820000 90586207 105901 ID=dln 11:38:58 71000 (R/d) Normal/Manual 01-21-2009 11922000 90586207 105901 ID=dln 14 :24 :37 102000 (R/d) Normal/Manual N07/09/2010/TUE 09:33 AM Weldnty Water FAX No, 970 3534105 P. 004 c*> Central Weld County c*7 CONNECT - Meter Reading System Copyright 2010 Badger Meter, Inc. 11-09-2010 09:15:03 Page 2 Customer Record History Date Reading Account # Time Use Meter Serial # Read Type Reading Information 02-19-2009 12035000 90586207 105901 ID=dln 12:45:40 113000 (R/d) Normal/Manual 03-16-2009 80021 90586207 105901 Rd=dln Tmp=L 13 :18:29 (LID) LOW Read/Interrogated 04-20-2009 360073 90586207 105901 Rd=nnn 13:39:11 280052 (R/D) Normal/Interrogated 05-19-2009 822269 90586207 105901 Rd=dln Tmp=L 13:20 :51 462196 (R/D) Normal/Interrogated 06-16-2009 1141367 90586207 105901 Rd=dln Tmp=L 09:53 :39 319098 (R/D) Normal/Interrogated 07-20-2009 1698797 90586207 105901 Rd=scm Tmp=L 11:54:25 557430 (R/D) Normal/Interrogated 08-18-2009 2064591 90586207 105901 Rd=dln Tmp=L 09:49:53 365794 (R/D) Normal/Interrogated 09-212009 2482541 90586207 105901 Rd=scm Tmp=L 11:28:39 417950 (R/D) Normal/Interrogated 10-19-2009 2646057 90586207 105901 Rd=scm Tmp=L 16 :44:51 163516 (R/D) Normal/Interrogated 11-16-2009 2718978 90586207 105901 Rd=scm Tmp=L 13:53 :44 72921 (R/D) Normal/Interrogated 12-11-2009 2781794 90586207 105901 Rd=BCm Tmp�L 15:25:38 62816 (R/D) Normal/Interrogated 01-19-2010 2880719 90586207 105901 Rd=scm Tmp=L 10 :46:06 106925 (R/D) Normal/Interrogated 02-16-2010 2984848 90586207 105901 Rd=scm Tmp=L 09:20:59 96129 (R/D) Normal/Interrogated 03-17-2010 3135650 90586207 105901 Rd=scm Tmp=L 13 :54:26 150802 (R/D) Normal/Interrogated 04-20-2010 3451783 90586207 105901 Rd=BCm Tmp=L 12:27:47 316133 (R/D) Normal/Interrogated 05-17-2010 3768162 90566207 105901 Rd=scm Tmp=L 15:25:44 316379 (R/D) Normal/Interrogated 06-17-2010 4290091 90586207 105901 Rd=scm Tmp=L 08 :26 :26 521929 (R/D) Normal/Interrogated N0'1/09/2010/TUE 09:33 AM Weld my Water FAX No, 970 353 •5 P. 005 c*> Central Weld County c*> CONNECT - Meter Reading System Copyright 2010 Badger Meter,Inc. 11-09-2010 09:15:03 Page 3 Customer Record History 5O-_:==_ Date Reading Account # Time Use Meter Serial # Read Type Reading Information 07-20-2010 4920802 90586207 105901 Rd=scm Tmp=T, 08:37:04 630711 (R/D) Normal/Interrogated 08-19-2010 5415289 90586207 105901 Rd=scm Tmp=L 08:29:04 494487 (R/D) Normal/Interrogated 09-20-2010 5950019 90586207 105901 Rd=scm Tmp=L 15;46:14 534730 (RID) Normal/Interrogated • • ATTACHMENT For Kiyota Properties, LLC Amended RE-4153 Additional document for STAFF COMMENT 2.1 Copy of Treasurer's Statement of Taxes • • Weld County Treasurer Statement of Taxes Due Account Number R4179206 Parcel 120935400003 Assessed To KIYOTA PROPERTIES LLLP 11964 CR 21.5 FORT LUPTON,CO 80621 Legal Description Situs Address PT SW4SE4 35-3-67 PT LOT B REC EXEMPT RE-4153(2.86D) 11964 21.50 CR WELD 000000000 Year Charges Billed Payments Balance 2010 Tax $837.92 $0.00 $837.92 Grand Total Due as of 02/15/2011 $887.92 Tax Billed at 2010 Rates for Tax Area 2191 -2191 Authority Mill Levy Amount Values Actual Assessed WELD COUNTY 16.8040000' $332.03 AG-MEADOW HAY $2,010 $580 SCHOOL DIST RE1 9.3930000 $185.61 LAND NORTHERN COLORADO WATER 1.0000000 $19.76 AG-WASTE LAND $14 $10 (NC AG-ALL OTHER $10,725 $3,110 CENTRAL COLORADO WATER 0.4250000 $8.40 LAND (CCW FARM/RANCH $201,793 $16,060 CENTRAL COLORADO WATER 1.3390000 $26.46 RESIDENCE-IMPS SUBD Total $214,542 $19,760 PLATTEVILLE-GILCREST FIRE 3.8030000 $75.15 AIMS JUNIOR COLLEGE 6.3600000 $125.68 HIGH PLAINS LIBRARY 3.2810000 $64.83 Taxes Billed 2010 42.4050000 $837.92 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 No,29 10 12:02p Kiyota Greenhod Inc 19707856091 p.2 • 1;, rya 1 t- — 14I KIYOTA GREENHOUSE, INC-BUILDING PERMIT/AG EXEMPT SITUATION Kiyota Greenhouse, Inc.(KGI) is a family owned wholesale business that has sold plants to independent garden centers in Colorado for over 50 years. Needing more space for greenhouse operations,the Vincent family agreed to lease roughly 2.5-3 acres to us on an annual basis. As of Jan 1, 2010,the property was sold to Goldstein Enterprises. KGI and Goldstein reached an agreement on acreage and price and have been currently going through the purchase process. We've completed a Right of Way vacate process on WCR 26 and are currently dealing with the county on a building permit lag exempt issue. We received a letter from Ken Swanson of the planning dept stating that the lot where the boundary adjustment would take place had greenhouses that were built without permits. He staled he would not persue houses built before the 1980's but we needed to permit houses built from the 1990's on. This is where our problem is, as the the hoop-houses or quonsets in question are manufactured as non-perrnittable. I currently have letters from the manufacturer and a structural engineer agreeing with this point and also stating that a retrofit to bring them up to code would be extremely expensive. For the last 20 years KGI has been working to correct the"shortcuts"that our founders and fathers took and we are more than willing to have items such as the electrical and gas inspected. We just feel as if obtaining a building permit considering the structural nature of the houses is not reasonable given the express purpose they were manufactured for. We do realize that technically the quonsets should not be considered ag exempt because they contain heaters but in all other aspects and terminologies they fall under what is considered ag exempt and are asking that the quonsets are classified as such. The quonsets are built on ag zoned property and the sole purpose is to provide protection for our plant material against the elements. Please note that there are numerous quonsets set up along highway 85 and old 85 in Weld county that have heaters and no structural reinforcement which means they would not pass building codes for wind and snow toad tolerances and also would not qualify as ag exempt because they are heated. Our greenhouse has operated with the quonsets in place for almost 20 years with the premise they were ag exempt because the information that was given when they were purchased. We are asking that the heating clause in the ag exempt compliance be waived so our land purchase can proceed. Thank you for your consideration, gsi 21 2010 Roger Kiyota 303 944 3065 No,29 10 12:02p Kiyota Greenhoyi Inc 197 56091 p.3 6 DEPARTMENT OF PLANNING SERVICES 1556 N 17°1 Avenue GREELEY,COLORADO 80631 PHONE(970)3534100,EXT.3840 FAX(970)3044498 imk cOADU September 7,2010 Applicant Kiyota Properties,LLC Project Amended Recorded Exemption Case Number. AmRE-4153 Parcel Number. 120935400003 Narrative: According to Weld County records, no buiding permits (BCR) or Ag-exempt permits (COC)were obtained for the greenhouses constructed 1. Permits we required for the existing greenhouses constructed.The type of permit depends on the proposed use. 2. Bullrings shall cortorm to the requirements of the various codes adopted at the time of permit application. Currently the following has been adopted by Weld County: 2006 International Building Code; 2008 National Electrical Code; 2006 International Mechanical Code; 2006 International Plumbing Code: 2006 International Energy Code;2006 International Fuel Gas Code; 2003 ANSI 117.1 Accessibility Code and Chapter 29 of the Weld County Code. Regards, Ken Swanson Weld County Building Official 970-353-6100 ext. 3548 ItUle1 Pit ) 1, t - �� /. T -4 . Nov 29 10 12:02p Kiyota Greenhouse Inc 197 56091 p.4 WOOFS Els6CICIE1TE 6 November 24. 2010 Roger Ki'yota 12016;NCR 21 'V: Fort Lupton. CD 80621 Re: Greenhouse 12016WCR21 '- Fort Lupton, CO 80621 Project No. Misc 2010 Gentlemen: We nave reviewed the capacity of the manufactured Greenhouse that is currentiy located a: the property ksted above. The greenhouse is a Competitor Series end was made by Nexus Greenhouse Corporation. The structure consists of steel tube frames spaced at Oft c.o. that form a 30ft span arch with a steel tune end wall and a poly sheathing covering. Three purfhns are also provided with the structure. Each end of the arch frame is placed in a sleeve that is embedded in a concrete pier. As provided by :he owner. the arch frame aloes are 1 1.,:"x1 i "xl9GA of 45ksi yield steel. t is our opinion that the greenhouse is NOT adequate for the design loads requirec at the location listed above. We based the review or a ground snow load of 20 psf and a wind speed of 90mph and exposure C. The loads were educed as allowed by Chapter 16 of the 2006 IBC. If the greenhouse is heater year round, the main arch frames are about 2.3 times over capacity based on the coda snow loading. The arch frames are about 3.1 times over capacity if the greenhouse is unheated during a code snow loading. Based on the cote required wind ,oadinc, the arch frames would be about 8.5 limes ove- capacity. Under these loadings, the frames could also experience large deflections. Depending on the actual foundation pier used on the project, it appears the typical pier detail on the manufacturer provided detail will be over capacity. If the owner would like to make me greenhouse code compi.ant, the frames would need significant retrofit. Some options may be adding additional supports for the frames at the interior, adding additional frames or strengthening the existinc frames. Recommendations for :hese options would require runner analysis of the structure. If we can be of Further assistance please contact us. Sincerely. Weeks &Associates, Inc. Reviewed By: John McBride. P.E. Gary G. Weeks. P.E. Structural Engineer Structural Engineer t.\'e.,k .c Associate. L•:;. "00 South C.rle_c .\.None. Sw:c .. F.a:t lglin..C U SO-325 Nh.ate tin, =_'-'4'_J_fa� 'i-n '2 -2tt'_' No\c291012:02p KiyotaGreenhoolnc 19.856091 p.5 rage 1 of .t Subj.. Re: Nexus Corp Contact Us Submission 14 Date: 11/9/2010 5:34:09 PM Mountain Standard Time i / From: t_tinsman@comcast.net To: RKTO2005@AOL.COM 2Hbu vU 4''u-t 7i Hello Roger, My name is Tom Tinsman and I have worked for Nexus Greenhouse Company for 30 years. I received your email today. The competitor greenhouse model we make is not engineered to meet any local building department requirements. We make the Competitor to be an inexpensive greenhouse that we have American Clay sell. Even though it seems to stand up to a lot of bad weather, it has no snow or wind load specifications. It will not come close to any local requirements. The only Ground to Ground model that does meet code is the Columbine { � `v� greenhouse. But it is two to three times the price of the Competitor. kr Sorry for the bad news. If you would like to talk with me in person you can call me at 303-457-4000. Thank you, Tinman --- Original Message — From: RKTO2005@AOL.COM To: TomT@nexuscorp.com Sent Tuesday, November 9, 2010 12:23:16 PM Subject: Nexus Corp Contact Us Submission CONTACT SUBMISSION First Name: ROGER Last Name: KIYOTA Address: 12016 Weld County Road 21 1/2 City: Fort Lupton State: Colorado Zip: 80621 Phone: 303 944 3065 Email: RKTO2005@AOL.COM Market: Commercial Growers How would you like to be contacted? by Email Comments/Questions: Could you please tell me where I might be able to find some building plans and specs for a Competitor ground to ground hoop house. Im currently retro actively getting building permits for these houses and am in desparate need! Thanks. Roger Wednesday,November 10,2010 America Online:Rkto2005 No;29 10 12:02p Kiyota Grsenhou�e Inc 1978 56091 p.1 3 (04 it sPbs --IA; cige- - Ib W Can )67101 FLNM ►1\l ' oW-- Alva, Lrvvis Nota IF t GIN Noe( Imo- 'tug- TsvviC AND Pau) • • Kristine Ranslem From: Kristine Ranslem Sent: Monday, August 23, 2010 3:03 PM To: Bethany Salzman; 'cindy.einspahr@co.usda.gov'; 'Rebecca Toberman'; 'brucenickerson@me.com'; 'Troy Renken'; 'sbutherus@kbnengineers.com'; 'Barbara Cole'; 'Leah Heneger'; 'Jo Barbie'; 'Russ Kissler' Subject: AmRE-4153 Referral Attachments: Referral Sheet.pdf; Application.pdf We have just received a case (RE-5051) in which we ask that you review the attached material and send a referral to us by September 23, 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! ` '"aiueL •-(b 7'} kadOZu tt,fGti r✓D✓Y�c2 K.vtst{,to RnwsLevy, Planning Technician Weld County Planning Services 1555 N 17th Ave, Greeley CO 80631 970-353-6100 ext. 3519 i • • Kristine Ranslem From: Kristine Ranslem Sent: Monday, August 23, 2010 3:08 PM To: 'rkto2005@aol.com'; larryclark@goldsteinenterprisesinc.com' Subject: Case AmRE-4153 & RE-5051 Attachments: Applicant letter.pdf; Applicant letter.pdf Please see the attached letters. If you have any questions, please let us know. Thank you! KristLite rzavtsLevH. Planning Technician Weld County Planning Services 1555 N 17th Ave, Greeley CO 80631 970-353-6100 ext. 3519 1 • DEPARTMENT OF PLANNING SERVICES 1555 N 17'"AVE GREELEY, CO 80631 I PHONE: (970) 353-6100, Ext. 3540 FAX: (970)304-6498 c COLORADO August 23, 2010 Kiyota Properties, LLC do Larry Clark 1205 W Elizabeth St PMB 134 Ft. Collins CO 80521 Subject: AmRE-4153-A Recorded Exemption located on a parcel of land described as Lot B RE-4153; located in the SE4 of Section 35, T3N, 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 and Platteville Planning Commission for their review and comments. It is recommended that you and/or a representative be in attendance at the Firestone and Platteville Planning Commission meeting to answer any questions the Commission members may have with respect to your application. Please call Firestone at 303-833-3291 and Platteville at 970-785-2245, 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 „I . _y{� Location am the author of this document �/�u"/,W� s�-Y c.YNI/lw ` Lote:ion1 .08. 313thAve Date:2010.08.13 13:50:15-06'00' Chris Gathman Planner ' Wi `Pc APPLICATION FLOW SHEET COLORADO APPLICANT: Kiyota Properties, LLC CASE #: AMRE-4153 REQUEST: Amended Recorded Exemption. LEGAL: Lot B RE-4153; located in the SE4 35-3-67 (in conjunction with RE-5051) LOCATION: East of and adjacent to County Road 21.5 and 1/2 mile north of County Road 24.5. PARCEL ID #: 120930400003 ACRES: +/- 34.7 acres Date By Application Received 8/16/10 Application Completed 8/16/10 Referrals listed 8/20/10 CG Vicinity map prepared File assembled Slam(D v.12. Case logged in computer Letter to applicant mailed Referrals mailed — Field check by DPS staff ((�� Gt/ZSI SO t n Administrative Review decision: Amnia_ 1 ,47410 Board of County Commissioners hearing (if applicable) Date By County Commissioners Hearing Date Surrounding property owners notified Presentation prepared CC action: CC resolution received /' /lDate Plat recorded and filed 61/I`'b // Overlay Districts Zoning Agricultural (ti'11c.\ �� 5cxz: o �s .5 YesNo X U5ck � Ca"' 54c- MUDoff„ IGA YesNo_X_ PreA uc` ^ b� bw — cA1\ Airport Yes NoX_ c ^ 1JwAL,,b)(0 _ Geologic Yes No_X_ For-S ` ; �fio.v , p 0 Flood Hazard YesNo_X_ Panel#080266 qOS 8568 -15Z- v -� $� 55'f 35-3- OVERVIEW Two Recorded Exemption Applications 1: RECORDED EXEMPTION AMENDMENT(RE-4153 LOT LINE) IN CONJUNCTION WITH 2: FOUR-LOT RECORDED EXEMPTION (NEW APPLICATION) Attention Planning Department THE ENCLOSED TWO APPLICATIONS ARE TO BE PROCESSED IN CONJUNCTION WITH ONE ANOTHER The two applications are adjoining properties. Each application addresses issues impacting the other. 1) KIYOTA APPLICATION (Amendment of RE-4153 for Lot-Line Adjustment): THIS AMENDMENT IS TO CHANGE THE LOT-LINE BETWEEN PROPERTY OWNED BY KIYOTA PROPERTIES, LLC(LOT B RE-4153) AND PROPERTY OWNED BY GOLDEN DOME AGGREGATES, LLC,APPLICATION (2) BELOW. The Kiyota family owns greenhouses that have been built south of their Lot B property line. These greenhouses are on property which was purchased December 15, 2009 by Golden Dome Aggregates, LLC. Kiyota Properties, LLC desires to purchase, and Golden Dome Aggregates, LLC desires to sell, approximately 4.7 acres owned by Golden Dome Aggregates, LLC on which the Kiyota greenhouses are situate. The Kiyotas have agreed to pursue the expansion of their existing Lot B through an Amendment to their existing RE. In a pre-planning meeting, a condition of this Amendment was the vacation of a portion of the Right-of-Way of Weld County Road 26.The Resolution to vacate the ROW was approved by the Weld County Commissioners at their July 26, 2010 meeting. • • 2) GOLDEN DOME AGGREGATES, LLC APPLICATION (NEW 4-Lot Recorded Exemption) This Recorded Exemption application is for three single family lots and one agricultural lot. The agricultural lot shares its north property line with the south property line of Lot B RE-4153. That boundary will be moved south through the above (1)Amendment. The Golden Dome RE application reflects the loss of the approximate 4.7 acres moved into the Kiyota Lot B by the above Amendment. CONTACT Both applicants have granted authority to the below named individual to act on their behalf as Authorized Agent (Authorization letter included in RE Application.) 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@Roldsteinenterprisesinc.com A Mai D re RECORDED EXEMPTION (RE) APPLICATION — ow 1'1 Et- 3 1 FOR PLANNING DEPARTMENT USE DATE RECEIVED: RECEIPT/AMOUNT# /$ CASE#ASSIGNED: APPLICATION RECEIVED BY PLANNER ASSIGNED: Parcel Number I Z 0 - :3 5" -- y - O CJ - 0 0 'Z AND 12- 0, 35-1-1 p co O,a (12 digit number-found on Tax I.D.Information,obtainable at the Weld County Assessor's Office,or www,co.weld.co.us) Legal Description L or - Pt_ - `i ( S 3 , Section 35, Township 3 North, Range 6 7West 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 O No el FEE OWNER(S) OF THE PROPERTY: Name: IC t 'i OYA P 11-0 P t g.-t-i-S L L C_ Work Phone#303 -9 411-3045 Home Phone# ' Email Address r k-I--o 2 o og Q a o I • co,h Address: It7b4 ‘,..1.Eeu-D cc,LA.L-7-y RuAD 21 .5 City/State/Zip Code For-Y Lt.*P-N;I--), cc B ob a I APPLICANT OR AUTHORIZED AGENT(See Below:Authorization must accompany all applications signed by Authorized Agent) Name: LAkk-N CLARK Work Phone# 97o-797-atf37 Home Phone# Email Address lar'rycla4. e9,a ids�e:i.4 Address: tzci- w , EL CIA REm Cr - Pm R, 1 Lt a-ti4e.rptiScr.,n.e., ,c City/State/Zip Code Fo RT c_-G, L-L_IN s c•., Pas 2-t Lot A Lot B Lot C Lot D Smaller Parcel Water Source NO oh( ANGE 'JO cKl t.IGC Type of Sewer No cror ce N C CHANL.E Proposed Use UO (KANcc ACRkcui—ukiii u2 n= voae Acreage I.Jo cr.(An.tct- tzz. RF-n-2 Existing Dwellings? If Yes, list address If Yes, list address If Yes, list address If Yes, list address below: )‘y bN below: below: below: '-C - 2I . S Cott L,-t0 17)r+ CD 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 evi ence must be included showing the signatory has the legal authority to sign for the corporation. Signature: Ow�er or Authorized Agent Date Signature: Owner or Authorized Agent Date • Kiyota Properties, L!C 11964 Weld County Road 21'A • Fort Lupton,CO 80621• 303-944-3065 July 29,2010 Weld County Planning and Building Department 1555 N.17th Avenue Greeley,CO 80631 Dear Planning Department: This letter hereby names: Larry Clark Goldstein Enterprises, Inc. 1205 W. Elizabeth St.PMB 134 Fort Collins,CO 80521 email: larrvclark@goldsteinenterorisesinc.com as the Authorized Agent to act on our behalf regarding the filing of the following: Amendment to RE-4153 on the following property: Lot-B:Recorded Exemption No. 1209-35-4 RE-4153,according to map recorded November 17,2005 at Reception No.3340824,being a part of the SE%of Section 35,Township 3 North,Range 67 West of the 6th P.M.,County of Weld,State of Colorado Parcels:120935400002 and 120935400003 The purpose of this amendment is to transfer 4.7+/-acres of land currently owned by Golden Dome Aggregates,LLC to the owners of Lot B of RE-4153. Kiyota Properties, .LLC By: ‘79a7 ItLtZL% Date 2— �J As: /" ,eZi---19 L '- K The foregoing was acknowledged befR re me by 1)U t too h— ,as 'Q e. of Kiyota Properties, LLC this 1- day of 9--2010. `��ttM'W yeu Witness my hand and official seal .0 p y?. �ptARY (t arr.. NOTARY PUBLIC i PutiA.\r'io My commission expires G Z-ZU' LU L( 'Z'°F co` ��,� '..Haut[[. T:\PROJECTS\Resource Land Holdings LLC\PROJECTS\Vincent\Golden Dome Aggregates\North Vincent Land Planning\Kiyota Sale and Amended RE 4153\Kiyota\Authorization for Larry C to act on behalf of Klyota 072910.docx • • ()Mao RECORDED EXEMPTION (RE) APPLICATION _ c ' t✓a Z FOR PLANNING DEPARTMENT USE DATE RECEIVED: RECEIPT/AMOUNT# /$ CASE#ASSIGNED: APPLICATION RECEIVED BY PLANNER ASSIGNED: Parcel Number 1 3 1 - 0 2_ - 0 -- O C) - ci Z (12 digit number-found on Tax I.D.information,obtainable at the Weld County Assessor's Office,or w.wa.co.weld.co.us) Legal Description PTt-i N e- t/y , Section 2_ , Township Z North, Range6'7 West Has the property been divided from or had divided from it any other property since August 30, 1972? Yes No t Is this parcel of land, under consideration,the total contiguous land owned by the applicant? Yes a No 0 FEE OWNER(S) OF THE PROPERTY: Name: C cL.9SN Bo me Pt-cc a.. -c._ A-TES LLC Work Phone# Home Phone# Email Address Address: 619 N cA-scADr k\.;e". - SLtC E ZCv City/State/Zip Code L 011..A.Dc S P f U N cs cc ea 9 G`., APPLICANT OR AUTHORIZED AGENT(See Below:Authorization must accompany all applications signed by Authorized Agent) Name: LIN RR-Y CLARK Work Phone# 3'7o -7q7-at6'7 Home Phone# Email Address lac dark_ Q.' j `\dsie+,a Address: 12 or U.) tLt2A irk it♦ ST - eAna t3 Li eh{erprisct;,nc , co, City/State/Zip Code r---c. 2T c,:.5 t L I r, s' CL/C+ tP c 32_1, Lot A Lot B Lot C Lot D Smaller Parcel e {+oyG—p Water Source Dtrcu s"Retr { 2 wet L. t Type of Sewer q1 c N E Proposed Use A-c P-AcA-kL-tk Acreage \-%.0 Existing Dwellings? If Yes, list address If Yes, list address If Yes, list address If Yes, list address below: below: below: below: 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 e idence must be included showing the signatory has the legal authority to sign for the corporation. Signature: 0c ner or Authorized Agent Date Signature: Owner or Authorized Agent Date 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 July 1, 2010 Weld County Planning 918 Tenth Street Greeley, Co 80631 Dear Representative: This letter hereby names: Larry Clark or Kathy Herder Goldstein Enterprises,Inc. 1205 W. Elizabeth, PMB 134 Fort Collins,Co 80521 E-Mail: larryclark@goldsteinenterprisesinc.com E-Mail: kathyherder@goldsteinenterprisesinc.com as the Authorized Agent to act on our behalf regarding the filing of the following: Amendment to RE-4153 on the following property: Lot—B: RE-4153 County of Weld,State of Colorado Parcels: 120935400002 and 12093540003 - The purpose of this amendment is to transfer 4.70+/- acres of land currently owned by Golden Dome Aggregates to the owners of Lot B of RE-4153. A Four(4) Lot Recorded Exemption on the following property: NE/.of Section 2,Township 2 North, Range 67 West Parcel U: 131102000021 Acct t: R5360286}.1\ ?? Golden Dome Aggregates Date The foregoing Letter of Authorized Agent was acknowledged before me by Mark S. Goldstein, as Operating Partner of Golden Dome Aggregates, Inc.,this Z(l day of ,\LLl,„( , 2010, Witness my h nd and official seal ; ax NOTARY PUBLICy{ ` may®-,()fld My commission expires: -1_,D ,,,pm "' m AW 4A0 m *;• .:a, • • Kiyota Properties, LLC 11964 Weld County Road 211/2 • Fort Lupton, CO 80621 • 303-944-3065 Recorded Exemption Questionnaire Application to Amend RE-4153 NOTE: THIS APPLICATION IS TO BE PROCESSED IN CONJUNCTION WITH A RECORDED EXEMPTION APPLICATION FOR A 4-LOT RE SOUGHT BY GOLDEN DOME AGGREGATES, LLC, THE OWNERS OF THE PROPERTY ADJOINING LOT B RE-4153, DIRECTLY TO THE SOUTH. THIS AMENDMENT APPLICATION WILL CHANGE THE LOT-LINE BETWEEN THE PROPERTY IN THIS APPLICATION, LOT B RE-4153,AND THE REFERENCED GOLDEN DOME PARCEL 131102000021. NARRATIVE: Existing Lots A and B were created through the Recorded Exemption process in RE-4153 recorded November 17, 2005. Both lots are owned by Kiyota Properties, LLLP (which changed its name with the Colorado Secretary of State on January 12, 2006, to Kiyota Properties, LLC). The Kiyota family has greenhouses that have been built south of their Lot B property line. These greenhouses are on Parcel Number 131102000021 which was purchased December 15, 2009 by Golden Dome Aggregates, LLC. Kiyota Properties, LLC desires to purchase, and Golden Dome Aggregates, LLC desires to sell, approximately 4.7 acres owned by Golden Dome Aggregates, LLC on which the Kiyota greenhouses are situate. This amendment would move the south lot line of Lot B RE-4153 south into the Golden Dome owned Parcel Number 131102000021. Lot B RE-4153 will continue to be used for agriculture purposes and Lot A RE-4153 will remain unchanged. In conjunction with this amendment, Golden Dome Aggregates, LLC is filing a 4-lot Recorded Exemption application on their Parcel Number 131102000021. That Recorded Exemption application reflects the approximate 4.7 acre loss on the north lot-line of the Golden Dome parcel. T:\PROJECTS\Resource Land Holdings LLC\PROJECTS\Vincent\Golden Dome Aggregates\North Vincent Land Planning\Kiyota Sale and Amended RE 4153\RE Questionaire 080310.docx i • RIGHT-OF WAY VACATION NOTE: Both parties (Kiyota and Golden Dome) filed a petition with the Weld County Commissioners to vacate that portion of Weld County Road 26 which was a "paper" right-of-way separating Lot B RE- 4153 from the Golden Dome parcel. That right of way existed for over 100 years, on paper, but was never developed. The Weld County Department of Public Works indicated it would never be developed and that its vacation would not deprive any properties of access. On Monday, July 26, 2010, the County Commissioners approved a Resolution to Vacate the Right-of-Way. The resolution removes any concerns that the approval of this amendment application will interfere with the rights of the County for future access across the approximate 4.7 acres being transferred from Golden Dome Aggregates, LLC to Kiyota Properties, LLC. CONTACT The applicant has granted authority to the below named individual to act on their behalf as Authorized Agent (Authorization letter included in RE Application.) 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 ANSWERS TO QUESTIONNAIRE 1. Water Supply Statement: The water supply for each lot will remain unchanged. 2. Septic Service The septic service for Lot A will remain unchanged. There is no septic service on Lot B, the lot is used for agriculture purposes. 3. Current Use of Property Lot A is currently used for residential purposes. Lot B is currently used for agricultural purposes. Existing accesses will remain and no new accesses are sought. T:\PROJECTS\Resource Land Holdings LLC\PROJECTS\Vincent\Golden Dome Aggregates\North Vincent Land Planning\Kiyota Sale and Amended RE 4153\RE Questionaire 080310.docx • 4. Description of Future Use Both lots will continue to be used for the same purposes listed above and for which they were approved in Recorded Exemption RE-4153. 5. Description of Property The property has two major ditches running through its lands. The Meadow Island Ditch If1 runs through the southwest portion of Lot B. There is an existing bridge over the ditch located near the north property line of Lot A. The Beeman Ditch runs north through the eastern portion of Lot B. There are oil and gas roads as well as agricultural roads throughout the land. 6. Building Envelopes No building envelopes are requested. 7. Business Uses and special Review There are no business uses or use by special review. T:\PROJECTS\Resource Land Holdings LLC\PROJECTS\Vincent\Golden Dome Aggregates North Vincent Land Planning\Kiyota Sale and Amended RE 4153\RE Questionaire 080310.docx • • O\.,ti N t J 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.: Book: 1151 at Page 148 Reception No.: 1656553 Book: 735 Reception No.: 1805113 Book: 883 Reception No.: 1909629 Book: 982 Reception No.: 3545863 Book: Reception No.: 3665828 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 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 15th day of July, A.D., 2010, at 7:45 am. STEWART TITLE OF COLORADO BY: Iv l.�l. .'Cr'x Yl..--. Autholized Signature • • • 7ANK • NEFttR • VyF LI EEFOIZL. • YA.JK • NWT w@LL wELL NeVRFR :Et • LOT RE LUS3 117 Ac&ey • We l � w•t-L- � trrR GyIJTtNb wcctsir> Ciaoe Knit \. erten) nouts S •t�f of\GE 3`�l Y_' t o cJ t n U Q O Sc Gux_5EJ DoMe o�L � CF.s r+ bGGREG�4 Ft.},LLC Ac Len 2 y -rAN� ARCEL\ 3 13t1OZ0000Lt 0 1y g pce S • ant w•�L q 6 AZ w8'L". 2 to. 3 W t 0 • CORR.ALS a. t ■ AtaF..) EX ST N4 B 4.ccesJ Houi£ WELD c.Ouivl( &GAO 2 `k . S N • TA' e we ETC • y,J fe LL p • • n wt WELL wELI• MCATg watt_ r LOT $ \\H • RE " 413.3122. 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AbiB�! s�. ill el 4 Accela Automation: GetPerLis1stom - T8150-L • Page 1 of 1 Menu I Favorites I Help I Logout Si Weld County, Colorado ' User ID: CGATNMAN Daily ACCL SmartManager Application Property People Fees Cashier Workflow Attachments Inspection Rep Application Selected: Find Application - Browse (Click the • below to select.) 11 Pages: 1 2 3 4 5 IID 4= Application File Date Application Owner Name Street # St Status • BC-0100489 05/30/2001 Voided KIYOTA JOHN & 11964- CR DAISY • BC-0100519 06/08/2001 Finaled KIYOTA JOHN & 11964- CR DAISY • BC-0100804 08/24/2001 Finaled KIYOTA HENRY 11935- CR & MAY • BC-9700474 06/06/1997 Finaled KIYOTA JOHN H 12016- CR & DAISY F • BCR10-01091 12/07/2010 Finaled KIYOTA GREEN 12016- CR HOUSE INC GR • BCR10-01092 12/07/2010 Finaled KIYOTA GREEN 12016- CR HOUSE INC GP • BCR10-01093 12/07/2010 Finaled KIYOTA GREEN 12016- CR HOUSE INC GR • BCR10-01094 12/07/2010 Finaled KIYOTA GREEN 12016- CR HOUSE INC GP • BCR10-01095 12/07/2010 Finaled KIYOTA GREEN 12016- CR HOUSE INC GP • BCR10-01096 12/07/2010 Finaled KIYOTA GREEN 12016- CR HOUSE INC GR 0 4 Pages: 12345 ID https://accela-web.co.weld.co.us/operations/permit/index.cfm 3/9/2011 Accela Automation: GetPcrLislOstom - T81 50-L • Page 1 of 1 Menu I Favorites I Help 1 Logout 4 4C: Weld County, Colorado ° User ID: CGATHMAN Daily ACCE SmartManager Application Property People Fees Cashier Workflow Attachments Inspection Rep Application Selected: Find Application - Search (Click the • below to select.) 4 Pages: 1 2 3 4 5 ► Application File Date Application Owner Name Street # Street r Status • BCR10-01097 12/07/2010 Finaled KIYOTA GREEN 12016- CR 21.5 - HOUSE INC GREENHC #7 • BCR10-01098 12/07/2010 Finaled KIYOTA GREEN 12016- CR 21.5 - HOUSE INC GREENHC #8 • BCR10-01099 12/07/2010 Finaled KIYOTA GREEN 12016- CR 21.5 - HOUSE INC GREENHC #9 • BCR10-01100 12/07/2010 Finaled KIYOTA GREEN 12016- CR 21.5 - HOUSE INC GREENHC #10 • BCR10-01101 12/07/2010 Finaled KIYOTA GREEN 12016- CR 21.5 - HOUSE INC GREENHC #11 • BCR10-O1102 12/07/2010 Finaled KIYOTA GREEN 12016- CR 21.5 - HOUSE INC GREENHC #12 • BCS-020112 03/20/2002 Voided KIYOTA 12012- CR 21.5 GREENHOUSES • BCS-020631 11/04/2002 Expired KIYOTA 12012- CR 21.5 GREENHOUSE INC • BCS-040246 06/17/2004 Finaled KIYOTA JOHN 12012- CR 21.5 • BCS-040509 11/19/2004 Finaled KIYOTA 12016- CR 21.5 PROPERTIES LLLP 50 % INT 4 Pages: 12345 b. ni o of of https://accela-web.co.weld.co.us/operations/permit/index.cfm 3/9/2011 Accela Automation: GetPerList1tom - T8150-LIII Page 1 of 2 Menu I Favorites I Help i Logout 4 lifSi Weld County, Colorado User ID: CGATHMAN • r 1 + Dai#Y ACCE SmartManager Application Property People J Fees Cashier 1 Workflow Attachments Inspection ( Rep Application Selected: Find Application - Search (Click the • below to select.) 4 Pages: 1 2 3 4 5 ► riiiiiiiii i= Application File Date Application Owner Name Street # St Status • BP33643 03/28/1989 Finaled KIYOTA JOHN H 12012- CR &DAISY F • BP34667 09/20/1989 Finaled KIYOTA JOHN H 12016- CR &DAISY F • BP36139 09/14/1990 Finaled KIYOTA JOHN & 11935- WC DAISY • BP39662 08/18/1992 Finaled KIYOTA JOHN H 12012- CR &DAISY F • COC-980064 10/09/1998 APPROVED KIYOTA HENRY 11935- WC & MAYRENE • COC10-00099 12/17/2010 Finaled KIYOTA GREEN 12016- CR HOUSE INC • EL-0010221 08/07/2000 Finaled KIYOTA HENRY 11935- WC • EL-0110285 10/25/2001 Withdrawn KIYOTA 12012- CR HOWARD • EP30288 05/07/1987 Finaled KIYOTA JOHN H 11964- W( &DAISY F • EP36466 11/13/1990 Finaled KIYOTA JOHN H 11964- CR & DAISY F https://accela-web.co.weld.co.us/operations/permit/index.cfm 3/9/2011 I kx 1 . 1 CT)> o +� , v o a o L. a V) S: a A a , c .....- a c k h t� n aorl�, c.. vlr c fir' I �I ❑ X41 War ; � f[7 a) zJ j ; ...c. a) r rc L ?-, 1 I i.. f I g VI O u o s_. C :; j p c ti CC U }. J1 1 .- i ti`1' T 0 L C.) I'l ) 0i Ql b Q ( F t 1 E S ttt c [7] v 4-' J C.:l > "U I-- u� +•1 U. lr) r_-.1 a) C C) I C NI I .-7,i I I I •u.1 4 j u• � Y � I r I I 0 I CIi ul in• , f! oil i E r P I / 1 ..Y A § .-1-:. Y • E. q , r. F II I I I ......1 (*ii .....; i _nil i Vi C A.. 2 1 lir I Il Il -4\ o Eil t ' N a) �` 11 ,7...�.. ...�.4 I••••1 ./ !I • . .4.i' a I !,C1J ,,-) rt a .# 1f:31 .3 il (DP ;Thin s: a t : 9.,1 Lrl Cl.. '- r--•d.....„. 1„� 8 i y > u CU ' n _H �� CL Q) • 0 Identify Results • Page 1 of 2 • WELD COUNTY ASSESSOR PROPERTY PROFILE Account#: R5360286 Parcel#: 131102000021 Appiormommumummi.iniI'nnwimpondmmniimiinm.ipn minaniimmnnaninnmiimominnnnnnminmimnummnuupiummmunnnmim iimonununimmxninnirimminpummniiiniiunnnthimnnnnnnnnnniiiminmiiiimamimmnnnninummnmmimnnnnitmomdmirmnn Tax Area: 2191 Bordering County: Acres: 138 Township Range Section Quart.Sec. Subdivison Name Block# Lot# 02 -67 -02 -0 - - Owners Name&Address: Property Address.nnnnnn,nnnndonnn ,nnnnen,unn.unnnnnannnn GOLDEN DOME AGGREGATES LLC Street: 10963 21.5 CR 619 N CASCADE AVENUE STE 200 City: WELD 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 20203 NE4 2 2 67 EXC 11.7A IN NE COR NE4 ALSO EXC IA IN NW COR NE4 (4R5D) Land Valuation Summary Land Type Abst Code Unit of Number of Assessed Actual Measure Units Value Value Agricultural 4147 Acres 8 Agricultural 4117 Acres 25.61 Agricultural 4117 Acres 8.53 Agricultural 4117 Acres 8.53 Agricultural 4117 Acres 87,33 Land Subtotal: 138 $58,269 $16,900 Buildings Valuation Summary Bldg# Property Type Actual Value Assessed Value 1 Residential 2 Out Building Improvements Subtotal: $67,908 $6,900 Total Property Value $126,177 $23,800 Building Details Account#: R5360286 Parcel#: 131102000021 Owners Name&Address: Property Address: GOLDEN DOME AGGREGATES LLC Street: 10963 21.5 CR 619 N CASCADE AVENUE STE 200 City: WELD COLORADO SPRINGS,CO 80903 Building# Property Type 1 Residential http://maps2.merrick.com/Website/Weld/setSgl.asp?cmd=QUERY&DET=PP&pin=13110... 6/24/2010 Identify Results • . Page 2 of 2 Individual Built As Detail Built As: Ranch 1 Story Year Built: 1910 Exterior: Frame Hardboard HVAC: Forced Air Interior Finish: Plaster Built As SQ Ft: 1009 #of Baths: 1 Roof Type: #of Bdrms: Roof Cover: Composition Shingle #of Stories: 1 Rooms: 0 Units: 0 Garage: Attached SQ Ft: Detached SQ Ft: Basement: Total SQ Ft: Finished SQ Ft Account#: R5360286 Parcel#: 131102000021 Owners Name&Address• Property Address: GOLDEN DOME AGGREGATES LLC Street: 10963 21.5 CR 619 N CASCADE AVENUE STE 200 City: WELD COLORADO SPRINGS,CO 80903 Building# Property Type 2 Out Building Individual Built As Detail Built As: Shed -Equipment Year Built: 1986 Exterior: Pole Frame Metal Siding HVAC: None Interior Finish: Built As SQ Ft 2016 #of Baths: 0 Roof Type: #of Bdrms: 0 Roof Cover: #of Stories: 1 Rooms: 0 Units: 0 Garage: Attached SQ Ft: Detached SQ Ft: Basement: Total SQ Ft: Finished SQ Ft http://maps2.merrick.com/Web site/Weld/setSql.asp?cmd=QUERY&DET=PP&pin=13110... 6/24/2010 Identify Results Page 1 of 1 • • WELD COUNTY ASSESSOR PROPERTY PROFILE Account#: R4179106 Parcel#: 120935400002 Tax Area: 2192 Bordering County: Acres: 80.62 Township Range Section Quart.Sec. Subdivison Name Block# Lot# 03 - 67 - 35 - 4 - - Owners Name&Address: Property Address: KIYOTA PROPERTIES LLLP Street: 11964 CR 21.5 City: FORT LUPTON, CO 80621 Business/Complex: Sales Summary Sale Date Sale Price Deed Type Reception# $0 Legal Description I PT NW4SE4/SE4SE4 35-3-67 PT LOT B REC EXEMPT RE-4153 Land Valuation Summary Land Type Abst Code Unit of Number of Assessed Actual Value Measure Units Value Agricultura 4167 Acres 1.43 Agricultura 4147 Acres 3.53 Agricultura 4147 Acres 33.98 Agricultura 4147 Acres 29.75 Agricultura 4147 Acres 11.01 Agricultura 4167 Acres 0.92 Land Subtotal: 80.62 $1,250 $370 No Buildings on Parcel http://maps2.merrick.com/Website/Weld/setSgl.asp?cmd=QUERY&DET=PP&pin=12093... 7/29/2010 Identify Results • • Page 1 of 2 WELD COUNTY ASSESSOR PROPERTY PROFILE Account#: R4179206 Parcel#: 120935400003 .a..4 @}Y e..F.9:YTMiM......... : ........ q.... l sa.. v. +.4:...mPv,,) ... .::.:,, .... .,. .h 4a a, ,..:„:IX„., 2 :c Ym➢,,. . hx:a:s Tax Area: 2191 Bordering County: Acres: 34.76 Township Range Section Quart. Sec. Subdivison Name Block# Lot# 03 - 67 - 35 -4 - - _Owners Name&Address: Property Address: KIYOTA PROPERTIES LLLP Street: 11964 21.50 CR 11964 CR 21.5 City: WELD FORT LUPTON, CO 80621 Business/Complex: Sales Summary Sale Date Sale Price Deed Type Rece tp ion# $0 Legal Descri tP ion PT SW4SE4 35-3-67 PT LOT B REC EXEMPT RE-4153 (2.86D) Land Valuation Summary Unit of Number of Actual Value Assessed Land Type Abst Code Measure Units Value Commercial 4180 Acres 4.29 Agricultural 4137 Acres 28 Agricultural 4167 Acres 0.47 Agricultural 4167 Acres 2 Land Subtotal: 34.76 $12,749 $3,700 Buildings Valuation Summary Assessed Bldg# Property Type Actual Value Value 1 Residential Improvements Subtotal: $201,793 $16,060 Total Property Value $214,542 $19,760 Build_ing Details Account#: R4179206 Parcel#: 120935400003 Owners Name&Address: Property Address: KIYOTA PROPERTIES LLLP Street: 11964 21.50 CR 11964 CR 21.5 City: WELD FORT LUPTON, CO 80621 Building# Pro ertType 1 Residential Individual Built As Detail http://maps2.merrick.com/W ebsite/W eld/setSgl.asp?cmd=QUERY&DET=PP&pin=12093... 7/29/2010 Identify Results Page 2 of 2 • • Built As: Modular Year Built: 1989 Exterior: Frame Hardboard HVAC: Heat Pump Interior Finish: Drywall Built As SQ Ft: 2413 #of Baths: 3 Roof Type: Gable #of Bdrms: 3 Roof Cover: Composition Shingle #of Stories: 1 Rooms: 7 Units: 0 Garage: Attached SQ Ft: 0 Detached SQ Ft: 784 Basement: Total SQ Ft: 948 Finished SQ Ft: 0 http://maps2.merrick.com/W ebsite/W eld/setSgl.asp?cmd=QUERY&DET=PP&pin=12093... 7/29/2010 • • cw' e 1 Weld County Treasurer Statement of Taxes Due Account Number 84179106 Parcel 120935400002 Assessed To KIYOTA PROPERTIES LLLP 11964 CR 21.5 FORT LUPTON,CO 80621 Legal Description Situs Address PT NW4SE4/SE4SE4 35-3-67 PT LOT B REC EXEMPT RE-4153 Year Charges Billed Payments Balance 2009 Tax $15.23 $15.23 $0.00 Grand Total Due as of 04/07/2010 $0.00 Tax Billed at 2009 Rates for Tax Area 2192-2192 Authority Mill Levy Amount Values Actual Assessed WELD COUNTY 16.8040000' $6.22 AG-GRAZING LAND $1,237 $360 SCHOOL DIST RE1 8.2120000 $3.03 AG-WASTE LAND $13 $10 NORTHERN COLORADO WATER 1.0000000 $0.37 Total $1,250 $370 (NC CENTRAL COLORADO WATER 0.4250000 $0.16 (CCW CENTRAL COLORADO WATER 1.3380000 $0.50 SUBD PLATTEVILLE-GILCREST FIRE 3.8240000 $1.42 AIMS JUNIOR COLLEGE 6.3120000 $2.33 HIGH PLAINS LIBRARY 3.2550000 $1.20 Taxes Billed 2009 41.1700000 $15.23 '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 Statement of Taxes Due Account Number R4179206 Parcel 120935400003 Assessed To KIYOTA PROPERTIES LLLP 11964 CR 21.5 FORT LUPTON,CO 80621 Legal Description Situs Address PT SW4SE4 35-3-67 PT LOT B REC EXEMPT RE-4153(2.86D) 11964 21.50 CR WELD 000000000 Year Charges Billed Payments Balance 2009 Tax $813.52 $813.52 $0.00 Grand Total Due as of 04/07/2010 $0.00 Tax Billed at 2009 Rates for Tax Arca 2191-2191 Authority Mill Levy Amount Values Actual Assessed WELD COUNTY 16.8040000* $332.04 AG-MEADOW HAY $2,010 $580 SCHOOL DIST RE1 8.2120000 $162.27 LAND NORTHERN COLORADO WATER 1.0000000 $19.76 AG-WASTE LAND $14 $10 (NC AG-ALL OTHER $10,725 $3,110 CENTRAL COLORADO WATER 0.4250000 $8.40 LAND (CCW FARM/RANCH $201,793 $16,060 CENTRAL COLORADO WATER 1.3380000 $26.44 RESIDENCE-IMPS SUBD Total $214,542 $19,760 PLATTEVILLE-GILCREST FIRE 3.8240000 $75.56 AIMS JUNIOR COLLEGE 6.3120000 $124.73 HIGH PLAINS LIBRARY 3.2550000 $64.32 Taxes Billed 2009 41.1700000 $813.52 •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 • • U W N - Weld County Treasurer Statement of Taxes Due Account Number R5360286 Parcel 131102000021 Assessed To GOLDEN DOME AGGREGATES LLC 619 N CASCADE AVENUE STE 200 COLORADO SPRINGS,CO 80903 Legal Description Situs Address 20203 NE4 2 2 67 EXC 11.7A IN NE COR NE4 ALSO EXC 1A IN NW COR NE4(4R5D) 10963 21.5 CR WELD 80621 Year Charges Billed Payments Balance 2009 Tax $979.84 $979.84 $0.00 Grand Total Due as of 08/05/2010 $0.00 Tax Billed at 2009 Rates for Tax Area 2191 -2191 Authority Mill Levy Amount Values Actual Assessed WELD COUNTY 16.8040000" $399.93 AG-FLOOD $58,216 $16,880 SCHOOL DIST RE1 8.2120000 $195.45 IRRRIGATED LAND NORTHERN COLORADO WATER 1.0000000 $23.80 AG-GRAZING LAND $53 $20 (NC FARM/RANCH $60,817 $4,840 CENTRAL COLORADO WATER 0.4250000 $10.11 RESIDENCE-IMPS (CCW OTHER BLDGS.- $7,091 $2,060 CENTRAL COLORADO WATER 1.3380000 $31.84 AGRICULTURAL SUBD Total $126,177 $23,800 PLATTEVILLE-GILCREST FIRE 3.8240000 $91.01 AIMS JUNIOR COLLEGE 6.3120000 $150.23 HIGH PLAINS LIBRARY 3.2550000 $77.47 Taxes Billed 2009 41.1700000 $979.84 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 0 REFERRAL LIST Name: Kiyota Properties, LLC Case #: AmRE-4153 County Towns & Cities Fire Districts _Attorney _Ault _Ault F-1 x Health Department _Berthoud _Berthoud F-2 _Extension Office _Brighton _Briggsdale F-24 Emergency Mgt Office - Ed Herring _Dacono _Brighton F-3 Sheriffs Office _Eaton Eaton F-4 _ x Public Works _Erie _Fort Lupton F-5 _Housing Authority _Evans _Frederick _Airport Authority x Firestone _Galeton F-6 x Building Inspection _Fort Lupton _Hudson F-7 x Code Compliance _Frederick _Johnstown F-8 _ Kim Ogle (Landscape Plans) _Garden City _LaSalle F-9 Lin (Addressing Change of Zone) _Gilcrest _Mountain View F-10 _Ambulance Services _Greeley _Milliken F-11 _Grover _Nunn F-12 State _Hudson _Pawnee F-22 _Div. of Water Resources _Johnstown x Platteville F-13 _Geological Survey _Keenesburg _Platte Valley F-14 _Department of Health _Kersey _Poudre Valley F-15 _Department of Transportation _LaSalle _Raymer F-2 _Historical Society _Lochbuie _Southeast Weld F-16 Water Conservation Board _Longmont _Union Colony F-20 _Oil & Gas Conservation Commission _Mead Wiggins F-18 _Milliken _Windsor/Severance F-17 Division of Wildlife _New Raymer _South Hwy 66 (Loveland) _Northglenn Commissioner _North Hwy 66 (Greeley) _Nunn _ _Division of Minerals/Geology _Pierce x 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 _Lorimer Federal Government Agencies Other US Army Corps of Engrs x School District RE-1 _USDA-APHIS Vet Service _Central Cola Water Cons _Federal Aviation Admin (Structures _RR over 200 ft or w/in 20000 ft of Pub x Meadow Island Ditch Airport Company Federal Communications Comm _Art Elmquist(MUD Area) Referral List /f 153 Name: kI I paPu't. • case# 71141/44 ri. -`l County I Towns&Cities Fire Districts Attorney Ault Ault _ K Health Department Berthoud Berthoud F-2(Will charaeSI Extension Office Brighton Rrinnsdale F-24 Emergency Management Office-Ed Herrina Dacano Brighton F-3 Sheriffs Office Eaton Eaton F4(Will charae Sl )(Public Works _ Erie Fort Lupton F-5 + Housina Authority Evans _ GaletonF-5 Airport Authority )(Firestone Hudson F-7 X Buildina Inspection Fort Lupton Johnstown F-8 JC Code Compliance-Beth$ Ann Frederick 1 aSalle F-9 Garden City Mountain View F-10 Kim Oale(I andscaoeflansl Gilcrest Milliken F-11 Lin or Peal)/(Addressina Chance of Zone) Greeley ` Nunn F-12 Ambulance Services Grover Pawnee F-22 State Hudson )(Platteville F-13 Div of Water Resources Johnstown Platte Valley F-14 K Geological Survey Keenesbura Poudre Valley F-15 , Department of Health Kersey Ravmer F-2 Department of Transoortation LaSalle Southeast Weld F-16 ' Historical Society I nchbuie Union Colony F-25 Water Conservation Board_ I nnnmont Western Hills F-20 Oil&Gas Conservation Commission Mead Wiaains F-18 Division of Wildlife Milliken Windsor/Severance F-17 South Hwy 66(Loveland) New Ravmer North Hwv 66(Greeley) Northalenn Legal Division of Minerals/Geoloav Nunn Parcel ID# Soil Conservation Districts Pierce •7one Acres? Bia Thomason Platteville USDA Boulder Valley Severance , ," 'Aim ort Brighton Thornton ‘ Geo Haz Centennial Windsor FP's Panel# Fort Collins Counties Road Impact Fee Area? Greeley Adams (SW#1 #7 #3 Windsor ) ` I onamont Boulder IGA' ORD# Moroan Broomfield MUD K 'S !�Platte Valley. Southeast Weld Other _West Adams Central Cola,Water Conservancy Dist Federal Government Agencies Left Hand Water US Army Corps of Enqrs ASchool District RE- I USDA-APHIS Vet Service Art Elmquist(MUD Area) \ t J _Federal Aviation Admin(Structures over Ditch Company, e�iflw -Esl D r 'JYti� over 200 ft or w/in 20000 ft of Pub Airport Commissioner Federal Communications Comm • • • AUG 24 2010 • C. Weld County Referral August 23, 2010 COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Kiyota Properties, LLC i Case Number AmRE-4153 Please Reply By 1 September 23, 2010 Planner Chris Gathman Project Amended Recorded Exemption Legal Lot B RE-4153; located in the SE4 of Section 35, T3N, R67W of the 6th P.M., Weld County, Colorado. Location East of and adjacent to CR 21.5 and '/ mile north of CR 24.5. For a more precise location, see legal. Parcel Number 1209 35 400003 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. • We have reviewed the request and find that it does/does not comply with our Comprehensive Plan ❑ We have reviewed the request and find no conflicts with our interests. ® See attached letter. ❑ Please notify me of any public hearings regarding this request Comments: Signature .—N1- f l v ./ Date l — I5 IC Agency uk(n.C 0erAC� •:•Weld County Planning Dept. •'x1555 N 17'"Ave, Greeley,CO.80631 +(970)353-6100 ext.3540 c•(970)304-6498 fax .• • • Weld County Planning Department GREELEY OFFICE rictert , MEMORANDUM SEP 20?rim RECEIVED TO: Chris Gathman, Planning C FROM: Heidi Ha sen, P.E.,1, Public September 15, 2010 ic Works Department � COLORADO SUBJECT: AmRE-4153, Kiyota Properties, 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 21.5 is a collector road and requires an 80-foot right-of-way at full build out. There is presently a 60-foot right-of- way. This road is maintained by Weld County. Pursuant to the definition of SETBACK in the Weld County Zoning (23-1.- 90), the required setback is measured from the future right-of-way line. REQUIREMENTS: 1. The applicant shall utilize the existing accesses to the property. No new accesses will be granted. 2. Pursuant to Chapter 15, Articles I and II of the Weld County Code, if noxious weeds exist on the property or become established as a result of the proposed development, the applicant/landowner shall be responsible for controlling the noxious weeds. All vegetation, other than grasses, needs to be maintained at a maximum height of 12 inches until the area is completely developed. FLOOD HAZARD DEVELOPMENT STANDARDS: This area IS in a Special Flood Hazard Area (SFHA) as determined by the Federal Emergency Management Agency (FEMA). A portion of Lot B lies in a Special Flood Hazard Area (SFHA) defined by the Federal Emergency Management Agency (FEMA). This SFHA is delineated on the current effective Flood Insurance Rating Map (FIRM), panel number#080266 0855O, dated September 28, 1982. Portions of lots located in the current effective FEMA 100-yr floodplain may not be buildable. A portion of Lot B is located within the FEMA mapped South Platte River Floodplain. However, the applicant indicates that Lot B is to remain agricultural. A Flood Hazard Development Permit (FHDP) is not required for agricultural activities. At such time as the owner proposes to construct a building or place fill within the FEMA designated floodplain, a FHDP will be required. 3. Please show and label the floodplain boundary on the Plat. 4. Add the following notes to the Plat: a. WARNING: LOTS MAY NOT BE BUILDABLE DUE TO FLOODPLAIN OR FLOODWAY DESIGNATION. Please he advised that owners of Lot E may not be able to obtain building permits to construct non- agricultural structures. All construction cr irn9rovements occurring in the floodplain as delineated on Federal Emergency Management Arericy FiRM Community Panel Map #080266 0855C dated September 28, 1982, shall comply with the Flood Hazard Overlay District requirements of Chapter 23, Article V, Division 3 of the Weld County Code and al' aprtirable FFMA regulations and requirements as described in 44 CFR parts 59 60, and 65. b. Flood hazard developmeni permits iniil ue required for development activities located within the FEMA mapped South Platte River Floodplan Page I oft IdiP'.P,NNING—DEVELOPMENT REVIEW\RE-Recorded ExemptionWmRE-4153.docx • c. The installation of any septic system within the 100-year floodplain shall comply with the Weld County I.S.D.S. Floodplain Policy. In accordance with the State of Colorado I.S.D.S. Regulations, no septic system shall be installed within the floodway. pc AmRE-4153 Page 2 oft M:\PLANNING DEVELOPMENT REVIENARE-Recorded Exemption\AmRE-4153.cocx • • WELD COUNTY ROAD ACCESS INFORMATION SHEET Weld County Department of Public Works 111 H St PO Box 758 Greeley CO 80632 Phone: (970)356-4000 x3750 Fax: (970) 304-6497 Road File#: Date: / RE#: Other Case#: 1. Applicant Name K F c `w Phone 910 -791-Z 18`1 Address It05 O.•a i ZC4 • bt f In fir. rs t city 6::+r I" COI I n 5 State l Zip 9,€) t I 2. Address or Location of Access Section 35 Township 31\) Range (.011A) Subdivision " Block — Lot Weld County Road# 21 .5 Side of Road tit4 t Distance from nearest intersection 3. Is there an existing access to the property? Yes )C No #of Accesses 3 4. Proposed Use: ( Permanent (XResidential/Agricultural ( Industrial ( Temporary ( Subdivision ( Commercial ( Other .......RRFiiif......"....H......R R#ii..... .........”RRRRfR .....RRf:RRR4YYf......... ........RRRRRR#YY......R ........ RRR 5. Site Sketch Legend for Access Description: AG = Agricultural RES = Residential (AG = Oil&Gas 'A D.R. = Ditch Road - ❑ = House O = Shed Aga t' A = Proposed Access i i . + = Existing Access Kt6 ACn OFFICE USE ONLY: Road ADT Date Accident' Date Road ADT Date Accident' Date Drainage Requirement Culvert Size Length Special Conditions ❑ Installation Authorized Information Insufficient Reviewed By: Title: ( V0 CO ti� Weld County Public'ks Dept. II � 1111H Street ACCESS PERMIT ,0 r. a co P.O. Box 758 01, —s 'V Greeley, Co 80632 APPLICATION FORM �L/C $4O Phone: (970)304-6496 Fax: (970)304-6497 Applicant Property Owner(If different than Applicant) Name `—At-r' CL ` -k Name Kt4crb PO4JPca-nes, t LC Company &ct-DsTEir-, EtiF2t'+Ztse-rcLNc Address ( t9E `f AJn-o CtiwNt' k0 AO L(. Address 12,oC UJ -ELI 2ACSeit( - PP-10, 134 City Pr)2-r \-uPr"r/ State CO Zip eL' 6 Z ( City 'Po 1'LrCoL-t-IrtsState CO Zip SoS-2-1 Phone 3C) - 9`i Lt- 3065 Business Phone 9 70 - 7 9 7- ZI 81 Fax Fax E-mail r k--c, Z°Oc @ 2 6 . C.c wt E-mail \arry clank eq ;\d3}e-'0r.,. vhr,rrs A= Existing Access A=Proposed Access I K c , cc on Parcel Location&Sketch The access is on WCR Z t . 5— Nearest Intersection:WCR 21• c &WCR 2_11 . S- WCR Distance from Intersection 12- j \ In tzo9 _3.r-‘-t - oo ooz Parcel Number tzoLI 3s - y - o o - 00_3 N Section/Township/Range 3 s 3 I` u u Is there an existing access to the property? YES*JO 0 N 3 4 E-- ex tc-n N 6- 3 A-cc cis- Number of Existing Accesses 3 Road Surface Type&Construction Information Asphalt El Gravel D Treated 0 Other WCR Zy . S Culvert Size&Type Materials used to construct Access Construction Start Date Finish Date Proposed Use °Temporary(Tracking Pad Required)/$75 ° Single Residential/$75 0 Industrial/$150 °Small Commercial or Oil&Gas/$75 ()Large Commercial/$150 0 Subdivision/$150 ®Field (Agriculture Only)/Exempt Is this access associated with a Planning Process? in No in USR r� RE ❑PUD In 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 facilities construction. t Signature " Printed Name Lt4 C tr— Date 8 /c/ % C' Approval or Denial issued in minimum of 5 days. Approved by Revised Date 6/29/10 cfe Memorandum TO: Chris Gathman, W.C. Planning DATE: September 21, 2010 • FROM: Lauren Light, W.C. Department of Public COLORADO Health and Environment CASE NO.: AMRE-4153 NAME: Kiyota Properties Environmental Health Services has reviewed this proposal to amend the lot line between lots A and B of RE-4153. It appears that proposed lot A will consist of 1.5 acres and proposed lot B will consist of 122 acres. There is an existing residence on proposed lot A, however no information was provided indicating how water is provided nor was a septic permit provided. According to this departments records there is not a septic permit on file for the residence addressed as 11964 CR 21.5. Lot B is vacant. No information was provided indicating how potable water will be provide either via well or through a water district. A new individual sewage disposal system will be required on lot B if a residence is constructed in the future. The following conditions are recommended to be part of any approval: 1. 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. 2. All septic systems located on the property shall have appropriate permits from the Weld County Department of Public Health & Environment. The Environmental Health Division of the Weld County Department of Public Health & Environment was unable to locate a septic permit for the septic system located on the smaller parcel of this application. Any existing septic system which is not currently permitted through the Weld County Department of Public Health & Environment will require an I.S.D.S. Evaluation prior to the issuance of the required septic permit. In the event the system is found to be inadequate, the system must be brought into compliance with current I.S.D.S. regulations. 3. All septic systems must be located on their respective lots and meet all lot line set back requirements. Provide a drawing of the septic system, with dimension and distances from lot lines, to W.C. Department of Public Health and Environment for verification of setbacks. 4. Submit documentation indicating that water service is available for each parcel. Additionally, please note the following: 1. Topographic or physical features of the proposed lot, such as ravines, ditches, streams, etc. may limit the area available for a new or replacement septic system. Prior to recording the plat the Division recommends that the applicants review the County Code pertaining to Septic Systems to assure that any installed septic system will comply with all setback requirements found in the Code. In the event the proposed lot is not of sufficient size to allow the installation of a septic system the lot may need to be enlarged. 2. This application may be proposing a well as its source of water. The applicant should be made aware that while they may be able to obtain a well permit from the Office of the State Engineer, Division of Water Resources, the quantity of water available for usage may be limited to specific uses, i.e. domestic use only, etc. Also, the applicant should be made aware that groundwater may not meet all drinking water standards as defined by the Colorado Department of Public Health and Environment. We strongly encourage the applicant to test their drinking water prior to consumption and periodically test it over time. 3. The proposed acreage for lot A currently does not meet current Weld County Health Department policy if the lot is 1.5 acres in size and is served by an individual well and septic system. We would encourage the applicant to increase the acreage for lot A to 2.5 acres. However, in the event the applicant cannot or chooses not to increase the lot size, please place the following note onto the plat. Future development may necessitate a larger lot A than what is displayed on the plat. In addition, a larger lot A would provide additional dilution and attenuation of sewage wastes which may beneficial to the environment. . • Print Form irriii., Weld County Referral lURe August 23 2010 COLORADO g The Weld County Department of Planning Services has received the following item for review: Applicant j Kiyota Properties, LLC Case Number AmRE-4153 Please Reply By !September 23, 2010 Planner Chris Gathman Project Amended Recorded Exemption Legal I Lot B RE-4153; located in the SE4 of Section 35, T3N, R67W of the 6th P.M.,Weld County, Colorado. Location East of and adjacent to CR 21.5 and '/z mile north of CR 24.5. For a more precise location, see legal. Parcel Number l 1209 35 400003 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 0 We have reviewed the request and find no conflicts with our interests. El See attached letter. El 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 08/23/2010 Agency Z ning Complia e Offic r II *Weld County Planning Dept. +1555 N 17'"Ave, Greeley,CO.80631 +(970)353-6100 ext.3540 +(970)304-6498 fax KitLiHre Weld County Referral • August 23, 2010 COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Kiyota Properties, LLC Case Number i AmRE-4153 Please Reply By September 23, 2010 Planner Chris Gathman Project Amended Recorded Exemption Legal Lot B RE-4153; located in the SE4 of Section 35, T3N, R67W of the 6th P.M., Weld County, Colorado. Location East of and adjacent to CR 21.5 and 1/2 mile north of CR 24.5. For a more precise location, see legal. Parcel Number 1209 35 400003 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 126.We have reviewed the request and find no conflicts with our interests. O See attached letter. ® Please notify me of any public hearings regarding this request Comments: • Signature (o_ cL LQ s w^it ate 9/15 /D Agency - t :•Weld County Planning Dept. ••1555 N 17'"Ave, Greeley, CO.80631 •'(970) 353-6100 ext.3540 •}(970)304-6498 fax • I Print Form • Weld County Planning Department GREELEY OFFICE /f & SEP n7?nm RECEIVED Weld County Referral C. 2 , COLORADO August 23, 0 0 The Weld County Department of Planning Services has received the following item for review: Applicant Kiyota Properties, LLC Case Number AmRE-4153 Please Reply By September 23, 2010 Planner Chris Gathman Project Amended Recorded Exemption Legal Lot B RE-4153; located in the SE4 of Section 35, T3N, R67W of the 6th P.M., Weld County, Colorado. Location East of and adjacent to CR 21.5 and %mile north of CR 24.5. For a more precise location, see legal. Parcel Number 1209 35 400003 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 DI We have reviewed the request and find no conflicts with our interests. O See attached letter. ❑ Please notify me of any public hearings regarding this request Comments: / C Signature ? 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W 1 • a U O t 41 I Ig EIS �� E I IIi11d m .d (� wn• 1 e e eiloi ' �� z ° x y di II i ;I ; I rp ,1 ± © • `0i C " x m 3 F U z O F d H D. W < ° 12i a O 0 o 0 J :uii:: a. ��1" a ��III�III it b o 1` d PIA 1st' i Ii ell' I l o a.Y 1. .. ' r' j ii�l II IL' I ItI1 s' gt Mallito emilN U l i iii i i = 1! T 5 Eli y f1 ti q1 is III CE l! ' 2 a i ___ i a 4-._.—.i•—•—• hi ilk Ii ii III E Ir. i .E I!1 r git ! . I 1!a I 1t hit litp! I. •@ °!I I 4 !t I 11•• ss: m mm'vv,mu m,Y.Y mom <eeei i ' I E kn 1_ 1 ill / a V • • 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.: J Book: 1151 at Page 148 Reception No.: 16565530 Book: 735 Reception No.: 1805113✓ Book: 883 Reception No.: 1909629 Book: 982 Reception No.: 3545863✓ Book: Reception No.: 3665828✓ 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 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 15th day of July, A.D., 2010, at 7:45 am. STEWART TITLE OF COLORADO , BY: \„_\&-).0.),.11,-, A LCrrE:✓ Authoitized Signature • SCHEDULE A LEGAL DESCRIPTION A PARCEL OF LAND LYING IN THE NORTHEAST 1/4 OF SECTION 2, 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 2, TOWNSHIP 2 NORTH, RANGE 67 WEST OF THE 6TH P.M., AS BEARING SOUTH 89°2521" EAST BETWEEN A FOUND 2 1/2" ALUMINUM CAP LS 19585 AT THE NORTH ONE-QUARTER CORNER AND A FOUND 3 1/2" ALUMINUM CAP LS 28665 AT THE NORTHEAST SECTION CORNER AND WITH ALL OTHER BEARINGS CONTAINED HEREIN RELATIVE THERETO. COMMENCING AT THE NORTH ONE-QUARTER OF SECTION 2, TOWNSHIP 2 NORTH, RANGE 67 WEST; THENCE ALONG THE WEST LINE OF THE NORTHEAST 1/4 OF SAID SECTION 2 S 00°50'54" E FOR A DISTANCE OF 121.71 FEET TO THE POINT OF BEGINNING; THENCE DEPARTING SAID WEST LINE ALONG THE SOUTHERLY AND EASTERLY LINES OF A PARCEL OF LAND DESCRIBED IN BOOK 1185 AT PAGE 341, WELD COUNTY RECORDS, THE FOLLOWING TWO (2) COURSES AND DISTANCES;. 1. S 89°25'21" E FOR A DISTANCE OF 354.97 FEET; 2. N 00°34'39" E FOR A DISTANCE OF 121.67 FEET TO A POINT ON THE NORTH .LINE OF SAID NORTHEAST 1/4; THENCE ALONG SAID NORTH LINE S 89°25'21" E FOR A DISTANCE OF 1366.50 FEET TO A POINT ON THE WEST LINE OF A PARCEL OF LAND DESCRIBED IN BOOK 1041 AT PAGE 508 WELD COUNTY RECORDS; THENCE ALONG SAID WEST LINES 10°40'21" E FOR A DISTANCE OF 124.05 FEET; THENCE DEPARTING SAID WEST LINE N 89°25'21"W FOR A DISTANCE OF 1344.70 FEET; THENCE S 00°34'39" W FOR A DISTANCE OF 92.25 FEET; THENCE N 89°2521" W FOR A DISTANCE OF 398.68 FEET TO A POINT ON THE WEST LINE OF SAID NORTHEAST 1/4; THENCE ALONG SAID WEST LINE N 00°50'54" W FOR A DISTANCE OF 92.08 FEET TO THE POINT OF BEGINNING. R '• J Lr r 1 1•!' ..err) 4.e..r:. 9 1 • I 1r if K Y • . - 1 . 1.1 It;' 'm 11+Ati1 ` tr T•a'y!t'r ..r4 r+�r`S.r`r r f �.i . rr. ��I�iu':P'rrli'W=4F1•/7�+ 1 T� r ( • .t ,}��,, d 1 + caax = 7 r Y" Wc�ttr'l9I,G.u .1~ 7 t�t l r ,�y� v r �>✓ 1 1 i t • x ��• .,• ,';e f a 'o n i ..f ' tr. ;J Flw l ':. M>Wtt .. 1I cbrdu'01 t('.t.A rM4 ' 'it a a h 4Ioi } 1 y ti71M. . tr, f - rRp��Tf dos ;de4. �.. • -, %}SYn is li )ifJ�e "n�Sn r,w ;� �1' -4d tY partial d W.Mad put,Innis*0s1 !" �k'4° .0 t1V", r 9� el __ t, �iL,1111� 110 __ titW dilairC6ri it M enr.•z • —S ��!}� r Eyre �hYWJ4.jj�rY ry'r.11 'a'F J,4 ( .]J 1 mprdtrewWndr/WaMIMalhs •' • - 1 t • 75 Isly it Insn.6and dslNM d.slwL 1� ht,Ln i) t:.& 1, „s '�Lit; JO Ak aaw�� k u tad nal • to the prtlasL.t W Mena pet.WLstrat/e Mani t;id Oa 11111411141;atilt 8114 1itt, nM itha wbedlbidtat. ,f,"It $ ..' t11,4N :, I X' AND Inman,On the /4' gq d' /1,.�tsry„'t 61R 1f.Jbt 11� t S.},. slid pKLlUt Intprt,a kastntate's&ete• Nam MWWa dna ntedblise "' Use old*net a nmeetd.pl the n ma&sl 11ereldi '+.� AND 7IMILFTmt,nn orate sletrshe a.sell tale et flat Sus Irate W.dea:.a'a$SIJ ' 7 nord,wbW erde is W wort ad knee sl Mien Wwtte 1' - .. • I • Ja• 1', • ' •-d ri 'gfnt yr1, lessor orl w ed ' 'I,�i.. . 1 III.seder____.wd rest wr sat W.t eat rta +"r'r, .—•-_ y '.t t .. "' t 'h Stn ' 11q ii rY1°7•w ' rI . ( r p J a Rr i t • I q .- ;, i x . • 1 t at 4 rrl ;'pia� ''r , "I6 �i i f - ( �4uPp rw4rnw►ro,� Cowan a:P • -- '_ l •;.•.tlfp'�J { ,ye of slit rs or TNI*km o d;•4•';1(441 k + 'Ai'I) i 4 _... a ._ 1 r,�'.w�weiy,o' .. •1tf..l I c War f>. F °Mx* 'W , IN. . i • ' tiI • e• _ . OF VIAL fRtATI ' F 10 Now eu this dap tome..I. Chartea..>aeleam . ,5( anelni.tnter of ski state,In penis,Sad by Nlarlsi.alt Ofk$Mr. II rti F ' 33, h..le.....sttomey a . _. .. b .... f } .. _.. _. __.. ) J. a.....f' and this matter,tieing been hemoban romtinued to this day,romn on to be hem'upon the report of.. .. nit of' sal state T!j `,n made under and •^e of the deer of Ala Court. And It appearing to the stisb chum of the Court that In making mid awls' ... the said .... Onarlii. Nul.os. "y • ere al.lal.traitor .ha 2 in ell re•peele full(complied with the low It,much ease made and provided,and with the decree of this Coott. HIt L Tbeniore Ordered.Adjudged sod Decreed,That the ! ..._...,made by the said _ ..Charlie tslsep i• marsh a/elat.tntsr lh Rollie:. Tie.eat ant - - , Ralph..Tineemt .... ._.of the fotlewhr dwethed lot.... or parcel of • t land situate hi the County of eau.. Ptah of Colorado,fawlP ti An ualltllel onesholf Interest in and hal I 1 • •. The Northeast Quarto, (714) et Inure Tri,(f). in Tanshlp Toe (t) N rte et Renee lttt�'wefln (0T Ian et the IIAS taut) P. Nei VISA OelwtT.' Colorado, meeting therefrom n )ef'sa et late mere partienla rip 4Nrihel as fellers, titaiti oaen.meia( et the Northeast sorter 1t sale /sew Ilse Two (I), TOnshIp tee (I) Nora. NIS . t +' • y , ' 1 ti., A �yoir�ryry�ily s lyi,t i, titt a',�y;�^V.:�;.trei�.��e v a 46' , -~_ , .. '", ..a'fn ikat 1.e_r.Ctep'di.M'ee A h ra4. a l.. .,•y t , rrr;1 , ,yc f� d. " ! .l'iuLM :' M, a , ' I f. 1 1, r �,ypllhgghe/p1!K 1721VY°471.Jr .b r ytry r A].`tMt 40 yea �7b r' r e 1 ill, •f l'44 ^i1� td I ,tf�t •.e. uy.Z� 4 Nlit• e�! t e,� ".r -' 'r w .Xr. l•^e.,yr' Y{ .1 '' + ' '. 442 1 t' r,, ray A, , f' _ M. -. it' 1 f "�.� - ;.n.7- e :Y a lair:.: e, Au t ky, ',lir re,+. '1',...A•T ia✓ � 1 y ~ oh, Vt s fps L I e 'y t ' Y ofr'I �y�dJp�l i, 1�'"1"a * . Id) Nevin Ideal Dieu se ort 1 :tit t?tnitni lloRtIt 4 "of let for the swm et...f.tar...Tiostafil.. .t1tr�..-.t iDaa.elt . ...id id tS being ant-a lb..pprde.4"du et said drwfh.d nil atafe..OM met . 151 is not disproportionate to Om valve of said rd Male,&T.Rate n4.et bail ebWuble,he and se same is benby.ppnved and cntirmd. . . h le Farther Ordered,That the Wd__.................__._._.0karidl-yIst1 .. •1 .. le t atiftf._._......of mid Math, make,execute,seknowldf,and deliver unto the dd_...R11k11_i a...'WWI..14._.........._._... .Ralph Ylsre tt a good and dflleint'deed of eoe..lnee, conveying to mid purchaser ' - r0111111.Palla all the right,title,Ivineet and estate in and to the said promisee and property so_.. Mari. gaga. widish the.id.' 1 !.l• Rani Thad therein at the ilea d . h.K.. decease,with the same*treat as if made by mid deaden(daring h....1R..]lfetlms fl...._....sun."stmenaragains notoismitilainn a 'l o And It le Farber Ordered That said report so made n sfon.tdl be and It is hereby approved and that the same be and It is benby ordered!worded. ' ,._>'.- Done In open Court this J .LA day of "'Laskin(. - A. D. 9 41 • By Si Ceerli r haft �� elean wee.et mein& time ta ee s of Se. lean es M ., t PI LID I' — - - t 7 Ifil • itY t1 d t f ., i I.,. jm 1 ., ! 1. "II la, %A ° ,S din , .mow , t. w• sow,THERMORV,Ds water lasers irk 4 � . • ��nMntlea d W prelr,AM dm na.iMMY lig iA ' . r' *t limn i6 C -' ' . j he--Lab bind Paid Min mild Wtl.Ne1WMsaai pest,W -JetYeM ,t I "t deed,be—L.mod sad earoes,sad topf thus •ul�lm�Iss salt 0 dad new yy OD iii et the snood part, t'ytrite sad.Sie e9 a'1 a'Pwe ale,deldeed sesi s.Sq ■ai _..._ ....__ Anaa Vclmee—' ! le it wit se waegsml the laa/l.Nam I . L._lifetine yi---'-aReaanm1 11ephu la ad . I le the folowt deaerlbd nal eeuu,Stub,One and b*(lathe' Omen d ! _.___-._ra1A and Buu d0olondq ta•wttl An undivided one-half interest In and tai 10 The Northeast Quarter (NL4) of deotion Two (2) In Township Two (2) North of Range Sixty-seven (b7)'. West of the Sixth (6th) P. N., Veld County Colorado, excepting therefrom a parcel of land more particularly described as follows, to-wit: '.'. Commenoing at the Northeast corner of said Swetigh 1]n Two (2), Township Tiro (2) North, Range Sixty (67) Went of the Sixth (6th) P. N. thence due Vest 935 feet to a point, thence South 11015° East -132 feet to a point, thence South 39010' East 392 feet to a point, thence South 52°45' East 178 feet to a point, thence South 66015' East 132 feet to a point, 11 thence South 49020' Get 395 feet, thence South 45035' Get 179 feet to a point, thence due North 946 feet to the point of beginning, containing 11.7 sores, more or lees; also excepting a tract con-', taining approximately one acre in the Northwest corner of said premises as conveyed by deed ' I recorded in Book 1135 at page 341, Weld County records; together with seven (7) shares of Meadow Island Ditch Company and one (1) share of Lupton Bottom Ditch Company, Said property IS' situate in the Northern Colorado Water Conservan07 Dietrict, TO HAVE AND TO HOLD TIFF SAlt4.,with all the appunenaneee tberneto bemiring.of yIn ear win pertaining.to the proper use,benefit and behoof of the said perL.12A_.;of,s ereyct ran s b sir Lein and assign' forever _......._.._..._.`_.__-T— - ' IN WITNESS WHEREOF,The said part. of the lint part,se—._A alit —,_ of aid nub as aforesaid,ha.A....bereitnlo set FIJI..WA and*L.-.to dew and year am berolnabevs writtee. I' • ..� 4e a mt--mlatat A.in._...AS149,1.I1Tgt9r of W Stab et Anna Holmes, Deceased. _ , • wn,ain to tees '� e f ( "fe', } s I e E I • ' • . , ( ,.0 it .. . , ♦ •A ury _._ I r e14,44r^,' t' ••`I < I .. w " . : •� KLfi z. c 11 yt • { -:::0 ,-; ;,!;.:,$".4.4,---',:, i.. ' A71 a _' t r r 1 r ,z •v a '11r. ,..i.,Li .•v4„.;,6-1,,,,4,1k.... i 44aw,,,!. ffro, lykl J.4.61(Ill-1. ' .0. 1 •L �7 Ir � :4 r r 4 � .y,:.,:.c ba.ti M _ tr .r.'te, , u ,: ar...- Ott, 7iCi rr , I.:. i 4O 1' 1 .. ',min.x,1 r•N?t^t m•• 1 k'•y , Ih1. - I �rr mlltC hrcPMNi rIld. �"� rw.� ,K t r�i1'. e ' �/GA!'Aradw.�wWuatdrM ' 7GAlAr 750 ....� .1... t • I 1 In1 J.r t :1e, ..in ` t; 1. f{ 1 .V} f i �y�n6 " "" ',, 14, ( " ' `yf '� ri e:1,LYro Metal. f,0UVP6Avua), ,4. tk' ry y_.wu). any b)nenaLCl 1. ♦ , .!•!C.(ait p.�t .�i ,.'1,"�v��fnri oU4 ry�C � r� ,..�, - M • IG,,,},, ,vet 4?rl,: T, dc ,. :r4:' Mal Qonv r7. 7t.it OSp41. 91 i'i .7 •t, 01,6a'r:4Q p%, Qaoq . fb l';r ,.-41Jr041♦4 J :vs iioyr(I44xr l t',_ • 7•._.1v1 , (coul'xt Ufllt :!'J `^LW ' tr).U01 t}n4 HOLL'' . �nppnfN L( l�(� 7w L-T• 11 0 V fl�T'L L 77 4f •' I c3j4 M ro,) • , T t ,,r P • 1 y,.;f • J/.' ro „•t ill• , xx+ ! r- x.s wax. ft smn3"iitl..) xwr4.i ,ICYO ,� I N ' }i ` I 1 1 L7 .p:. Jfk, y� ' .- r .a j t''tt.,.. ':N� s .,,. , .{ t !4:. r x ,'4 ' “ ;. rW', 2i. ,1 �{ 141. . JJ. J� f� 1S;ft� i .. `h`7 :.,:'.1%,,,,ti r� , . e. .. . e r a BOOKel 1,02Moo ry .C.. - C _.. �.� v Q tempfion No_ _1656553.-- -----.._ . s. LEE sHri+ed. 5a �W DEED, Made this day et 1975 ! 1 between Ralph Vincent II,' Y eT ' t't of the City and " Coaty of Denver and State of Colorado,of the firm pert,and Ra__________L: igh N . Vincent, Jr. Executor of the Estate of Rollie J. Vince t, a/k/a Memayag in . MS- - ..-1 . J. Vincent of the County of Weld and State ofOoloredo.of the second tart: c WITHESSETR,That the glad party of the fires part,for end In consideration of the eon ofparty of the o second part's conveyance to party of the first part, by deed of even coto the old part y of the tint part in hand paid hl add pert Y ofthe second paro hereby oofead end srboowledged,has skated.bargained sold and moms, 'the Presents receipt whatnot r greet,begu n,let mafirn4 ma sa id d rated sod by fheo heirs end assi o Chantyen following described let or panel the et land,skeet;lying sad!minglesecond ilte foe fw. Weld and Sate of Colorado,town: k Undivided 'T interest in VI NWtt Sec. 5, T. 1 N., R. 66 W. of the 6th P.M., with sma 4 shares Lupton Short Line Ditch 6 Res. Co., and 50 shares Fulton Irrigation Ditch Co. * date herewith, of an nndevidef.!. , N' , - _ of the 6th P.M., with 1! shares Lupton Bottom Ditch Co., and T. IR., R. 67 W. II undivided td interest in NEt Sec. 2, T. 2 N., It. 67 W. of the 6th P.M., with 7 shares of Meadow Island Ditch Co. and 1. share of Lupton Bottom Ditch Co. TOGETHER with MI sad Mph, the hentlikarante AM appurtenances app atekkg,end the node revise,,r®sinkr and , hknees d p nt@ h eo ad ill l the eMete.M bR a Intermit,�,I the OM aandddve ialled whiaearar of pay of the flint pot,ei her fa w TO asva AND TO HOLD the aid premiss shore bused and l5eddess,with the aadwith spoertmem except oil e aid pare y d the seined pert, helm end assign form.AM the old yp7aeaoeee.Otte the for him df his bibs,mentors.end eda fektraton,does pant y of the Ere peer,peat,bargain,gad epee to ead Mk the of these aid party of the mond pled of the heir.and above that st time of the mange sad tii�iamb, he iscoureped ,of brief a hole estate of inhul b sin,bs w,in foe Mole,end has rod tight ley eilre.ews,Verdes ead i a hte erald fat,Wyk, iota dr convey the ma la miner end form ea slgroeema,end that the ewe em free and elm • oetor .oar. except taxes xas foorratt era year 9755.ei,Ilea ameomoa at ocmhreoe d MM.Iliad ae ** and gas and mineral rights which are hereby reserved unto party of the first. I part ad the share bargained premier a the gnat is peeeeaN memos os ef the addI Me aid edam easiest attend eeer7puaro party at*tombs et to dabs ebb pant er any part thereof.the aid peaty of the firm part eh Mall and R WARRANT AND FOREVER a tie wade WfTtfs 88 WHEREOF,the aid party Mike of fmae part has end end the day and year tlot eberewrntea haeeotoem his br I -- pRAw I __ ____._,SEAL.) STATE OF COLORADO. Canty of Wss.b The for going lmm teat was selmowlypd before me this rim-- el N L 9 Lyeesadmne Wake, fix 3 .. o ✓ / Ip 6 .Wlwr aai • --- 21 O ViiSii Mani. waO.Ryrto mrase atlas h_p,Hbdd`_•.ra a.rasa ,,� a""irmtnmeatura: _44. ppn y� t��OCT }z r�7e tV �J gesepDes le0.t/ll�� "//y�p�/��f'f' •• /-I I!l�Vegtaiiidy:Cali0P` ikt H v TRW Dia Leek this ''' day d August , to n . I betweo Ralph Vincent I Co. ofthe City and • Comb of Denver and State of Colorado,of the first pert,and Raleigh J. Vincent, Jr., Executor of the Estate of Rollie J. Vincent, flaw OIWpgK argaltgliWellx • a/k/a R. J. Vincent of the County of Weld and State of Calends,of the.eo ad pnt: • W TNESSRTIL That the said party of the first part,for and in consideration of the®rapt party of the b second part's conveyance to party of the first part, of an undivided* AWAholdIR r to the acid party of the fleet part in hand paid by meld party of the emend part•the rem**hereof is ton hey confined mad aelmowldpad,he granted,bargained these and conveyed,and by th presents do es o rent,bargain,sell,convey and eonfirm,unto the mid tarty of the second part, helm and assigns for. o ever,all the following described lot or parcel of land,situate,lying end being In the County of Weld and State of Coloado, to wit; P- ei f;11, Undivided k interest in E' NW�t Sec. 5, T.1N., R.66W. of the 6th P.M., cam_+ with 4 shares Lupton Short Line Ditch 6 Res. Co., and 50 shares Fulton o Irrigation Ditch Co. * if interest in Nil 5Ek Sec. 25, T.2N., R.67W. of the 6th P.M., with 11 shares Lupton Bottom Ditch Co., and undivided is interest in NEy Sec. 2, T.2N., R.67W. of the 6th P.H., with 7 shares of Meadow Island Ditch Co. and 1 share of Lupton Bottom Ditch Co. `,i. ,. ,, 1 \I TOGETHER with ell and singular the hereditament. and appurtenances thereto beinglrg, or in anywW (� j� ,and the reveron and mordent remeleder and remainders,rent.,haw and p petits thereof,and ell 3 i,, the estate,right,title,interest,data and demand whatsoever of the said party of thefts'put,either in law or equity,of,in and to the above berated premises,with the beredltem®b and appurinamm, except** I TO HAVE AND TO HOLD the aid premises above bargained and described with the e said Lett d the eeemdPPurtof the unto eha Y pact, heirs and assign.forever. And the mid party of the first part, `j for him Self, hisheira,executors,and admWMmm,do es covenant,grant,bargain,and agree to and '% 1\ with the said party of the second put, Win and sedges,that at the time of the srseBng and delivery +r. L. d of these Predate, he is well seised of the premises above conveyed,as of god,sure,perfect,absolute and +^.\ Idda estate of Inheritance,In last,b fee simple,ad ban gad right,fall power and lawful authority r,'(Z. b gaunt,beipt..cell and convey the me in manner ed form u aforesaid and tWt the same ere!re,aid clear hem W former ad other gtente,bergelas,sale,Base,err.as e.esenta and eneumbtamu of whatever kid of aatgreeever, except taxes, for the current year. **oil and gas and mineral rights which are hereby reserved unto party of the first part. (The purpose and intention of this deed is to correct that certain deed between the grantor herein and the grantee herein recorded 3/24/75 in*** and the above bargained premise in the quiet and peaceable possession of the said party of the second part, Missend assigns against all and every Tenon or persons lawfwly claiming orb eiuim the whole or any pert thereof,the pad part y of the flat part shall and will WARRANT AND FOREVER DEFEND. IN WITNESS WHEREOF,the mid party of the tint part has hereunto set his hen and seal the day and year flat above written. ..... .P1.1.a L.._ ....(lsGd' (SEAL) .....:'^ (SEAL) (SEAL) S E J,......••:(29TATE OF COLORADO, ea .. :?,l n 7*' ,� .Yes•.; CaunbeT Weld e r..„.,,.. dsetevunt ova uknowldgd baton me this 27th p, lT p day of August Y�1 h Vincent ". '..! assiiiida alaa January 30, •leg3 Wlbese my hid and offielal met. tom .. I.O 10v , 4GCE Fe efijpfhs Nawv MI* ***Book 735 as Reception No. 1656553, the name of the grantor having been omitted in the acknowledgment in said deed). a Na.as waenaNn o®,-rirsrrrseasr Mast-bawl nnmars a.,tow sir mum eerw..amnia-u-n r; • • ARL9O9629 R 0982 REC 01909629 11/23/82 14:32 $6.00 1/002 F 1595 MARY ANN FEUERSTEIN CLERK & 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 ail as such in the Last Will and Testament of said Ralph Vincent, Grantee, whose address is P. 0. 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 Bottom Ditch Co. B 0992 R 5909629 11/23/92 14:32 $6 2/002 F 1596 MAR ANN FEUERSTEIN CLERK 1. RECORDER D 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. _ 4.G.oa' )aAh,ti/1 Katharin L. Vincent, as Personal Representative of the Estate of Ralph Vincent, Deceased. STATE OF COLORADO ) ) 89. COUNTY OF BOULDER ) The foregoing instrument was acknowledged before me this I31- � 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 CoWNZSSZON IYPZR&7 Narch 23 My commission expires: .3`0 '4•.,�;)))�•.:,_y 91100 ° � o-' f1 Notary Pub1 go, 11.ba.' �ytd)' . CO. aa/ !quo , 1?c..P,1,. Cv !s � .131 -2- I 111111 Illll 11111111111111111 moo II!11111 sit Sj 1 of 1 R 6.00 0 0.001:30P Steve Moreno Clerk&Recorder rL(21AL WARRANTY DEED (Stotutory Form-C.RS.4 38-30-I IS) 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 byway of distribution,hereby sells,transfers and conveys to Nancy J.Wittemyer and Jacqueline I 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: The Northeast Quarter of Section 2, Township 2 North, Range 67 West of the 6'I' P.M., County of Weld,State of Colorado,except 11.7 acres more or less in the NE corner and one acre more or less in the NW corner previously deeded. CONVENIENCE DEED-NO DOCUMENTARY FEE REOUIRED also known by street and number as: 10730 County Line Road 24 'h, Ft.Lupton, Colorado 80621 assessor's schedule or parcel number: 131102000021 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 y-ln day of Qhrll _,2008. Ralph Vincent Trust u/v/d. 8/30/1977 By: tarkeletl NanccJ. Wittemyer,Trifstee STATE OF COLORADO ) ) ss. COUNTY OF BOULDER ) -- /J Theoregoing instrument was acknowledged before me this y W` day of lX�/f�l rte, ,2008, by Nancy J. Wittemyer,Trustee u/w Ralph Vincent d. 8/30/1977. fission expires: ly/G/ &/ v 4,czy rc �/ PIPao hand and official sea . " p • v Le ;r Notary Public L p CF COLOR; • 1111111lull 11111111111111111III VII1111111,111111111111 3665828 12/1812009 D9:32A Weld County, CO 828 1 of 6 R 31.00 D 420.00 Steve Moreno Clerk&Recorder J I 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 tE� d �ay of December,2009,between NANCY J.WITrEMYER 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 be duly executed as of the day and year first written above. p Z t00033171.DOCY) ""�`'- ... . _... • 11111!11111 M111 11111 III 1111111 III IIIII IIII IIII 3665828 12/18/2009 09:32A Weld County, CO 2 of 6 R 31.00 D 420.00 Steve Moreno Clerk& Recorder GRANTORS: 41WNancy . ittemyG r Jacq ine 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. Notary Public My commission expires: • I DONNA P,rI�.NCI NOTARY PUSLIC STATE OP COLORADO (00033I71.DOC:^_) 2 1111111 VIII 11111111111111111 III 1111111 III 11111 IIII(III 3665828 12/18/2009 09:32A Weld County, CO 3 of 6 R 31,00 D 420.00 Steve Moreno Clerk& 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 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 6112' 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. I693632. Parcel 2 The Northeast Quarter of Section 2, Township 2 North, Range 67 West of the 6th 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 1135 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 6th 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 6'h P.M.., County of Weld, State of Colorado as described in Deed recorded October 28, 1948 in Book 1236 at Page 404. (00033in.DOCa} 3 • 1 41111 111111 1111111113 III 1111111 BI 111111111 III! 3665828 12/18/2009 09:32A Weld County, CO 4 of 6 R 31.00 D 420.00 Steve Moreno Clerk& Recorder EXHIBIT B To SPECIAL WARRANTY DEED (EXCEPTIONS) I. 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 1 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 16, 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 I2, 1971,UNDER RECEPTION NO. 1571349 IN BOOK 649. 9. RIGHT OF WAY EASEMENT AS GRANTED TO CONTINENTAL PIPE LINE CO IN INSTRUMENT RECORDED MARCH I5, 1974,UNDER RECEPTION NO. 1631996 IN BOOK 710. 10. 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. IS. 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 I5. 1993, UNDER RECEPTION NO.2328991 IN BOOK 1378. 17. ANNUAL PASTURE SUBLEASE OF 72-ACRE PARCEL TO LUPTON MEADOWS DITCH COMPANY,MAY IS, 2009 TO MAY 14;2010. (00033171.DOC:2) 4 • • 1 111111 11111 IIIIII 111111 IIIII III 1111111 II!11111 IIII IIII 3665828 12/18/2009 09:32A Weld County, CO 5 of 6 R 31.00 D 420.00 Steve Moreno Clerk& Recorder a DI. 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. 2l. 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 II AT PAGE 178. 23. 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 CLAIMED BY AFFIDAVIT OF PRODUCTION WAS RECORDED JANUARY I5, 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 PROVISIONSOF 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. (0003317LDOC:2J 5 1111111 IIIII 111111111111 IIIII III 1111111 III IIIII 11111111 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 • • O vJ ice,` . 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: Lot B, Recorded Exemption No. 1209-35-4 RE-4153, according to map recorded November 17, 2005 at Reception No. 3340824, being a part of the SE1/4 of Section 35, Township 3 North, Range 67 West of the 6th P.M., County of Weld, State of Colorado. CONVEYANCES (if none.appear, so state): Reception No.: 15701143 Book: 648 Reception No.: 2877711 Book: Reception No.: 3201644 J/ Book: Reception No.: 3351741 �/ 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 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 15th day of July, A.D., 2010, at 7:45 am. STEWART TITLE OF COLORADO " �. BY: 1 � I.v� '\_ ;rem/Li Auth&rized Signature ! ! Document processing fee If document is filed on paper $150.00 If document is filed electronically Currently Not Available iJ0611J20353 P1 Fees& forms/cover sheets 3 150.00 are subject to change. :=(CRETAR'r OF STATE To file electronically,access instructions 01-12-2006 14:06:19 for this form/cover sheet and other information or print copies of filed documents,visit www.sos.state.co.us and select Business Center. Paper documents must be typewritten or machine printed. ABOVE SPACE FOR OFFICE USE ONLY Combined Statement of Conversion and Articles of Organization filed pursuant to§7-90-201 and §7-80-204 of the Colorado Revised Statutes(C.R.S.) Statement of Conversion I. For the converting entity, its entity name or true name,ID number(if applicable), form of entity,the jurisdiction under the law of which it is formed,and the principal office address of its principal office are Entity name or true name of the converting entity Kiyota Properties,LLLP ID number(if applicable) 20011037695 (Colorado Secretary of State ID number) Form of the entity Limited Liability Limited Partnership Jurisdiction where formed Colorado Principal office street address 11964 Weld County Road 21 1/2 (Street number and name) Fort Lupton CO 80621 (City) (Slate) (Postal/Zip Code) (Province-if applicable) (Country-if not US) Principal office rnailin address (leave blank if same as above) (Street number and name or Post Office Box information) (City) (State) (Postal/Zip Code) (Province-if applicable) (Country— not US) 2.The converting entity has been converted into the resulting entity identified below. 3. For the resulting entity, its entity name, form of entity,the jurisdiction under the law of which it is formed, and the principal office address of its principal office are CONVERT_LLC Page I of 4 Rev. 10/62005 • Entity name of the resulting entity Kiyota Properties,LLC (The name ofa limited liability company must contain the term or abbreviation"limited liability company" "lid liability company". "limited liability co." 'ltd.liability co.", "limited", "tic.", "Ilc",or'ltd."§7-90-601,CR.S) (Caution: The use of certain terms or abbreviations are restricted by lent. Read instructions for more information.) Form of the entity domestic limited liability company Jurisdiction where formed Colorado Principal office street address 11964 Weld County Road 21 1/2 (Street number and name) Fort Lupton CO 80621 (City) (State) (Postal/Zip Code) (Province—if applicable) (Country—if not US) Principal office mailing address (leave blank if same as above) (Street number and name or Post Office Box information) (City) (State) (Postal/Zip Code) (Province-ifapplicable) (Country-if not US) (If the following statement applies,adopt the statement by marking the box.) OThe mailing address in the records of the Secretary of State is no longer different than the street address and is no longer required. Articles of Organization 1. The entity name is Kiyota Properties,LLC (The name ofa limited liability company must contain the term or abbreviation"limited liability company" "ltd liability company" "limited liability co.", "ltd.liability co.". "limited" "l./.c" "Ilc",or"ltd"§7-90-607,CR.S.) (Caution:The use of certain terms or abbreviations are restricted by law. Read instructions for more information.) 2.The principal office address of the initial principal office is Street address 11964 Weld County Road 21 1/2 (Street number and name) Fort Lupton CO 80621 (City) (State) (Postal/Zip Code) (Province-if applicable) (Country—if not US) CON VF.RT 1-LC Page 2 of 4 Rev. 10/6/2005 • • Mailinp address (leave blank if same as street address) (Street number and name or Post Office Box information) (Ciro) (Stale) (Postal/Zip Code) (Province--if applicable) (Country-if not US) 3. The registered agent name and registered agent address of the initial registered agent are Name (if an individual) Kiyota John H. (Last) (First) (Middle) (Suffix) OR (if an entity) (Caution: Do not provide both an individual and an entity name.) The person appointed as registered agent above has consented to being so appointed. Street address 11964 Weld County Road 21 1/2 (Street number and name) Fort Lupton CO 80621 (City) (State) (Postal/Zip Cade) Mailing address (leave blank if same as street address) (Street number and name or Post Office Box information) CO (City) (Stale) (Postal/Zip Code) 4.The true name and mailing address of the person forming the limited liability company are Name (if an individual) (Last) (First) (Middle) (Suffix) OR (if an entity) Kiyola Properties, LLLP (Caution: Do not provide both an individual and an entity name.) Mailing address 11964 Weld County Road 21-1/2 (Street number and name or Post Office Box information) Fort Lupton CO 80621 (City) (Stare) (Postal/Zip Code) (Province-fapplicable) (Country-if not US) (If the following statement applies,adopt the statement by marking the box and include an attachment) This document contains the name and address of one or more additional person(s)forming the limited liability company. CONVERT LLC Page 3 of 4 Rev. 10/6/2005 • 411 • 5. The management of the limited liability company is vested in (Mark the applicable box) Q one or more managers. OR ❑ the members. 6.There is at least one member of the limited liability company. 7.(If the following statement applies,adopt the statement by marking the box and include an attachment) n This document contains additional information as provided by law. 8. (Caution: Leave blank if the document does not have a delayed effective date. Stating a delayed effective date has significant legal consequences. Read instructions before entering a date.) (/f the following statement applies,adopt the statement by entering a date and,ifapplicable,time using the required format) The delayed effective date and, if applicable,time of this document is/are (mm/dd/yyyy houcminute am/pm) Notice: Causing this document to be delivered to the Secretary of State for filing shall constitute the affirmation or acknowledgment of each individual causing such delivery,under penalties of perjury,that the document is the individual's act and deed,or that the individual in good faith believes the document is the act and deed of the person on whose behalf the individual is causing the document to be delivered for filing,taken in conformity with the requirements of part 3 of article 90 of title 7,C.R.S.,the constituent documents,and the organic statutes,and that the individual in good faith believes the facts stated in the document are true and the document complies with the requirements of that Part,the constituent documents,and the organic statutes. This perjury notice applies to each individual who causes this document to be delivered to the Secretary of State,whether or not such individual is named in the document as one who has caused it to be delivered. 9. The true name and mailing address of the individual causing the document to be delivered for filing are Spitz Jennifer M. (Last) (First) (Middle) (Suffix) Stover 8 Associates LLC (Street number and name or Post Office Box information) 636 Coffman Street,Suite 301 Longmont CO 80501 (City) (State) (Postal/Zip Code) • (Province-if applicable) (Country-gnat US) (/f the following statement applies,adopt the statement by marking the box and include an attachment) ❑ This document contains the true name and mailing address of one or more additional individuals causing the document to be delivered for filing. Disclaimer: This form/cover sheet, and any related instructions, are not intended to provide legal, business or tax advice, and are furnished without representation or warranty. While this form/cover sheet is believed to satisfy minimum legal requirements as of its revision date, compliance with applicable law, as the same may be amended from time to time, remains the responsibility of the user of this form/cover sheet. Questions should be addressed to the user's legal,business or tax advisor(s). CONVERT_LLC Page of • Rev. 10/6/2005 __ f I . • I I a el S J1t >,tY I � r ee�� / i i.: t of f of t I m -w t I &. flr y1, +r tvit4, fefLlrycq a ,e, i rt i p_�ii. q .!p d" Kr J.-t Y3. I1 rcLv57;? ?ria F'"'T' 'e•g)l" w 5 , .,1f.., '(' '1N' 't C' �„�Yr n i S r • t:. -q+ I p'I,.rx l+lam ,piq� 'r. P {t k "x ! k .I ti> ,o: .4 - -1}.+'ACC '+. )i� .�+.2N1' "Ir "4L1fb J, i`)i ..^Ck'?' ..�.3 Jr�.xu.l.•I!'a12. -l. '� m _.. .o« �gp . JUN 21 1971 ,�u IAy� _. ts.`.. '/A�� `aZt L1 netmeer , �.Udm a-_-.—_,A.41eo--.a der....0 £ MT .Kquntll moerte e.I1 I ti .,.-.- —r e ^+?t t shamed•._orrurt .1.1..;.;!,A,ti n.,..aw v... 1570114 > --/� mr �`qt pp C f r i). kr. al !Ijto D eb, Stub this 18th day of „ June in the Year dour hod l .Je'' e'• • C1 \ b. Y I . one thawed die hundred and seventy—one besets r)r •e 1 , t JOHN KIYOTA, a/k/a 30127 A. KIYOTA • ,' Y d of the Comity t4 We'd end State a Ccundn,of the Ant pert,and q i7 y 1 On • JOHN H. NIYOTA and DAISY Y• KIYOTA rail l , r1 d the County of 'Weld mini State of Cnlomly of the emend pan; - ,. f. 1 rs I.r. r. Wltnemeth,tut the mid pert y of the Rnl put,(mend la consideration of the mum ofr. ��'.h • M - - 1 • Other Valuable Considerations and Ten - - - - - - - - - DIN LVp, • • HI to the avid pert 7 of the Rot pert le hand peel by the mid paned the vetoed part,the receipt whereof la hereby eon-' • t, r I: Me line and,confirm ante lbs b.i mid mike d theannweond pa mold rt,a vtenkry inLy wantoonPbut In;chi ent tourney,lieewrevnr of T W I ant tenancy Y eta 1� M then,their p„m end the upriver end arena of much.un forever,all the fallowing described lot or parcel of lend • h nlwla,Icing and helm In Ur County or Weld sd Slate of Ganda,,a-,d.:1' wf PARCEL 1. it$ of the SE1r and the SEJA of the Stl of Section Thirty-five (35) • ! ` o (, Toanable Three (3) North, Vaasa Sixty-seem (67) nest o£ the Rik PS. 71 t together with all water rights including Two (2) shares of the capital stock " of the Lupton Bottom Ditch Company. ti ' PARCEL 2. A certain portion of land situated in the Northwest corner of the Northeast Quarter of Section Two(2), Township Two (2) North, Range Sixty- ,- seven (67) West of the 6th P.M. maid land co be one acre less 3 sq. ft. „• - Dimensions of said one acre less 3 sq. ft. beginning at the Northwest corner of the above described land and -running East along the East and West line _ 1 fence to a point 358 feet; thence South to a point 121-2/3 ft; thence to a S point 358 ft. West; thence North toe point 121-2/3 ft., making about J spa. Lt. • t!O less than an mere. W S i ' q Together with all and tinnier the hereditaeenta and eppurtenanm thereunto Mkndne,or in raywke appertaining, and the rtverano and reversions,nmainler and remainder.rent.tuna and proM.thettuf;and all the estate,right,tite, , . beton,claim lad demand whatsoever of the said put of the Net part,either iv trot et Nulty,of,le and to the More binned Prtmir nab b the hemlitamenta and import'Meta . Te binnedi o end be meld'he sold.Noose above butebw ew m d end drhe the d,with appurtenances,unto the said put is d ll,. the ad poet,the survivor of them,their Wren sad the helve awl meigne d such JMe a forever. AM the raid perty /..a d the first n,for hied £, hie heln,neeumn,and dminiatnto,de a e.pant, Mrpdn terine,t to and path the t e perdu of and mil put tee unme d them,their es and the din lad miltsa dovenoneen,m that tend.mneeret rnwsby and siddivnile them pment. ha iswell sitedorh the panda above conveyed. edand,wane perfect,..leolutemt, ee .i,eanM1k,.law,fythe n,nn to taw.in des wmpla urAM • the samht.rdi Nneranlo Mwful..11 ueno 'titerpin eels ad eunvey thenonor maery amt hemnlptu Lend'hat the d ek.r from all Icmer ad uLI r pant.harrow,ails,Len,.Wm.eswumemts and ineumbranem d wlu4eer kill or nature saes, end the.hove herprned pr. taw in the nuet lad peeenldr ion of the..IJ pubs et the'wend ry ,the nmvieor d them,this amine end t e hear,and s.wgw d such ranker...nest all and error poe n n Penn.lawfully claiming sr n„im the whole or any part theme.the rid put 7 of the bet put.hall lad will WARRANT AND,FOREVER -. I 11,-;47:31;37 la Wltn..e elb.rnf,TM read put y ei the ant put M e hereunto et his heed and , ,al the day and year Rot above written. 1 • Signed festal end DAnM in the v..,of xv ".. .-. lilt ileia s ..-..-(SEAL) A .......... ._........ . .............. // liaret (SEAL) ; ≤• I STATE OF COLORADO. I —'�4�, — :?_ / County f Weld. i-. "Ihe famaolna Inotnoment we acknowledged before ms N6 18th dsy ./ y eJR N..1 of_ l,a•..•n 5. ,19 71 ,qty JOBS KIYOTA, a/k/a JOHN It. KIYOTA. I ''.. . q` :ate 1r R Y`w It /) //.�� y � l )e Yd N�qEndRGNcijl Seal. IRga 28. 1473 soy,.h..'1./C i' 'e1i Ut6 tea( _ Nolary Publle . �I Millma Add pD � I a -J '' F1tdR�}i NOlxr,x♦ y5J,( y Y B 'j WARRANTY DEED TO JOINT TENANTs-ram e.nano..e, mute.-assess awe. dIS?fy L. r t t r r' 7r tiw�. s �.- }t 5b,4 .:I lbp rY >irY t' r I,i e S•f.'E'.1.Y g .aid.,. Ad A p �i5 -., . .• ! -k gi�trg$-,, "`m Y, „F �` ale` '-....(�, - ,�..;t5 ns"larcc,`s ,�Lyvtt r iC_ti `1,-, a.T: . ...-.'. .3i� IIe, .rY'.5 S 1 11111 11111 1111111 11111 111 111111111111 11111111 1111 III 2877711 R 08/24/2001 00 600.00 ZWeld County COold ukamoto After Recording Return To: 711 Banks&Imatani,P.C. 223 Union Blvd.,Ste.310 Lakewood,Colorado 80228 QUIT CLAIM DEED John H.Kiyota,whose street address is 11964 Weld County Road 21 'A, County of Weld and State of Colorado,for the consideration of the sum of Ten Dollars and other good and valuable consideration,hereby sells and quitclaims to Kiyota Properties,1.1 J 2,whose street address is 11964 Weld County Road 21 %,Ft.Lupton,CO 80621,the following real property in the County of Weld and State of Colorado,to wit: The W 1/2 of the SE 1/4 and the SE 1/4 of the SE1/4 of Section 35,Township 3 North of Range 67 West of the 6th P.M.,Weld County,Colorado. also known by street and number as: 11964 Weld County Road 21 1,Fort Lupton,CO 80621, with all its appurtenances. Actual consideration less than$500. No documentary tax owed. Signed this A/ day of #2r-. ,2001. J H.1Ciyota STATE OF COLORADO ) )ss. COUNTY OF u2&-Lt ) The fore oing instrument was acknowledged before me this p2/5� day of ��J 2001,by John H.Kiyota. Witness my hand and official seal. / My commission expires: T i.2I-0 y 4r ',co otary PublieAt C:uuwaP,mPaau\QCD. t SHARON JUNIOR y�� ,ro rFOF CQ‘:*bQQo My COMMSMN.rows: • • . 111111111111111111111111 IIII(IIII 111111 III 1111111111111 IIIIIIIIIIII RECORDER'S MEMORANDUM 3201644 07/23/2004 11:26A Weld County, CO THIS DOCUMENT WAS FOUND 1 of 1 R 6.00 0 0.00 Steve Moreno Clerk&Recorder DEQUATE FOR px 1 i gurrc um DEEP J no man oak ma 23rd dryer July .20 04 banaov°Kiyota Properties LLLP 50% Int., Kiyota Daisy F. 50% Int.ot basaaaf ad= Colorado �"'a' a,dWeld Kiyota Properties LLLP 50% Int„ • .4,,,Ji Q a Daisy F. 50% Int. fl 12012 CR 21 .5 • au Cc,wP',' Weld • atwd12° nr Colorado i When,that the gamer,for td i 4 in o .atbn uftlr as of �,L.ao, $10.00 I'. ' dw ttsdytnd oakizsof eatiff,bbcby ae'm5M°d6W baf onad.ni tad aad QVTra An aha w d and by slaw neap ctlow,nil ad QVTwM tc Date Mc p'tMki TOW hdm dta6.t MOM=ud ab as fmnn[Dot in teeaar fn wmvwu hot to hit' I I tune;all the tWRridciatamt,tan and{Caarlt<hitb the Kasstheslit Loh se the tal POW wS!korwil innanno°aD.iftm/. Pamir,MSS tddbeiei in In= Caddy of coal SM.Oreandq Weld d...adtwdss M1il/AVC PT SE4 35-3-67 Lot B Corr Rec Exempt RE-2584 Lying in SW4 SE4 12012 21 .5 CR Weld 0 it • ' i � I • .b�- br aa'n"°"towa"a"a !!12012 CR 21 .5 !! .avntexadandole or Wool atmbar v tnteavuba,apa6otloaQaT.a !' TO AM AND to now th.ta,Kwoui.rwit A and tsntalanhe opcareanma not 0 gMM I ato=aprectintah and all the=RAP.td14Wareahnet CaimwbsiMG1V Yf 2C nat.-it;lo hated mut%46Y ask r pct ! Wit; ar.laze&and whoofaflh,draaM.?NO Inks lad anwdt' Thy _sot .... the ylaral,tho fowl of tlnjalaz,ad Ole on,,rocs eaarr call be.,d 3iS an all Bndat,,.,•,a�• ;� p.1: S 'a14o 6a0t., _.. .Sal dead aaildd.k tr. .abefo •••t '" '.'O 1''•:. < -e9^.0,1. • •'1 �L'v'1LON it �"_ ,,,©c'�'•:..J�...^��:: Sure Or NUalha0 1 as Comb al Well- 1 ha vZ n (yJ't%i ,z 0 y li Nato* tn°wu al�ttgpahtQtal 6tfaN cath� day P (/ 1 / -,Q-'—] "" _ nmrluta WY AUAwt a0.aal NAL /3-C-7-7,, e_ L }'� 1bca,v,:ub,cpirc . 27-7 7_d2 t_. A 1 If le Domain-."Ro ear•. . I a uri mamoo1.iWitan elf*vldl..nsl yJwaw.WJ �I I •�' al 1 ii u_an a.-AAA nitrela 4*gra ru L.,s-.nl ----- • • v w iE I_ 1111111111 Ifll{11111 Ilill111111illiid ii IIl1111 IIII 1111 741 1 of 1 1R 6.00 D 0.00 Stave Moreno Clerk County, Recorder BARGAIN&SALE DEED Daisy F. Kiyota and John H. Kiyota, whose legal address is 11964 Weld County Road 21-1/2,Ft.Lupton,Colorado 80621 ("Grantor"),for the consideration of less than Five Hundred Dollars($500.00), the receipt and sufficiency of which are hereby acknowledged,hereby sell(s), and convey(s) to Kiyota Properties, LLLP, whose legal address is 11964 Weld County Road 21-1/2, Ft. Lupton, Colorado 80621 ("Grantee"), the following described real property in the County of Weld,State of Colorado,to wit: Lot B of Corrected Recorded Exemption No. 1209-35-4-RE2584, recorded February 7,2000 as Reception No. 2748399, being a part of the SE %, of Section 35,Township 3 North, Range 67 West of the 6th P.M., County of Weld, State of Colorado; TOGETHER WITH all of Grantor's right, tide and interest in all ditch,reservoir and other water rights appertaining to said premises, including but not limited to all irrigation wells, water taps and two shares of the capital stock of the Lupton Bottom Ditch Company; also known by street and number as 12012 Weld County Road 21 /,Fort Lupton,CO 80621; with all its appurtenances, and subject to the 2005 general property taxes which the Grantee assumes and agrees to pay. SIGNED this 29th day of December,2005. GRANTOR:Arte-jK1 r Daisy F. yota bilkAAJ 4. ettitsc" J H.Kiyota STATE OF COLORADO ) ) ss. COUNTY OF BOULDER ) 2035 This Bargain and Sale Deed was acknowledged before me this 29th day of Decemberby Daisy F.Kiyota and John H.Kiyota,as Grantor. ___ Witness my hand and official seal. _\DER :.,SAj��, My commission expires:November 2,2008 �'CA1�y.is , •tats Felto • ring Leta Prp: 1‘" OF COL. = 5 j ivv ,........ .._.. i i ₹11gli i 1 i#t11 liar it — r X33 Fns I g N 8 1' i ii _8 i 11 l litii it 4 r a -•k. fee• .., tt �! gr . t o� ar 1 g e.,1141 1 a,° o . .a. I " Vic. t ! r;;i q s It A I a!: V`i '7. 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Vil' 1`•• n R 0 O • 7 W 'III .water L.a aero s /01 i O i, ;III { • i 11 a Sfi6 :',' :r'�I ''' i gCE' eE 1- '� • t� FiiE ''11. - � �' o iA i =iii 6?] R s f . F.,-.',i x}o ` 6 911 L i. 'y •1 1 4 rn „ i• . A, n ill .iii r Mil 'ax.! k P ; i� L ='s-r Ii4 zi cQ mat= is h s r 1, I all i E ties a R >< jg `a;r I .€1.# .-a N - R^ it i ,a6 li i� Y 41! _ -. •mot Y -'19 I � R J ,ce"ee/J/„pt'•aJ.IO N r 3 �'iii . •_•a/r re a►oa wJno� Ft { 3 Re. 1, iliig jtllili pig Y ` 3 1 tit 1 1liMoat Ja. i s Whit • �- - - I1I11I11111111111111111I1111111111I1111 III I111IIIIIIIII OwNE-1; z 3665828 12/1812009 09:32A Weld County,828 CD 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 t5 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 be duly executed as of the day and year first written above. rffo9 OB`62._ (00033171.DOC:2) 1111111111110111111111111111 III 1111111 III 1111111111111 3665828 12/18/2009 09:32A Weld County, CO 2 of 6 R 31.00 D 420.00 Steve Moreno Clerk& Recorder GRANTORS: a1 cy .�itt"" rU e - I. t1d&S Jacq theK Kilburn STATE OF COLORADO ) )ss. COUNTY OF BOULDER ) The foregoing instrument was acknowledged before me this day of 1)ecember, 2009,by Nancy J. Wittemyer and Jacqueline S.Kilburn. Witness my hand and official seal. I v Notary Public My commission expires: I •l • I • , DONNA PJI6 NCI I NC TAti' PUC;LIC STATE OF CC.i ORADt7 (00033171.DOC.^_} 2 • PAck� T OVERVIEW Two Recorded Exemption Applications 1: RECORDED EXEMPTION AMENDMENT(RE-4153 LOT LINE) IN CONJUNCTION WITH 2: FOUR-LOT RECORDED EXEMPTION (NEW APPLICATION) Attention Planning Department THE ENCLOSED TWO APPLICATIONS ARE TO BE PROCESSED IN CONJUNCTION WITH ONE ANOTHER The two applications are adjoining properties. Each application addresses issues impacting the other. 1) KIYOTA APPLICATION (Amendment of RE-4153 for Lot-Line Adiustment): THIS AMENDMENT IS TO CHANGE THE LOT-LINE BETWEEN PROPERTY OWNED BY KIYOTA PROPERTIES, LLC(LOT B RE-4153) AND PROPERTY OWNED BY GOLDEN DOME AGGREGATES, LLC, APPLICATION (2) BELOW. The Kiyota family owns greenhouses that have been built south of their Lot B property line. These greenhouses are on property which was purchased December 15, 2009 by Golden Dome Aggregates, LLC. Kiyota Properties, LLC desires to purchase, and Golden Dome Aggregates, LLC desires to sell, approximately 4.7 acres owned by Golden Dome Aggregates, LLC on which the Kiyota greenhouses are situate. The Kiyotas have agreed to pursue the expansion of their existing Lot B through an Amendment to their existing RE. In a pre-planning meeting,a condition of this Amendment was the vacation of a portion of the Right-of-Way of Weld County Road 26.The Resolution to vacate the ROW was approved by the Weld County Commissioners at their July 26, 2010 meeting. • 2) GOLDEN DOME AGGREGATES, LLC APPLICATION (NEW 4-Lot Recorded Exemption) This Recorded Exemption application is for three single family lots and one agricultural lot. The agricultural lot shares its north property line with the south property line of Lot B RE-4153. That boundary will be moved south through the above (1)Amendment. The Golden Dome RE application reflects the loss of the approximate 4.7 acres moved into the Kiyota Lot B by the above Amendment. CONTACT Both applicants have granted authority to the below named individual to act on their behalf as Authorized Agent (Authorization letter included in RE Application.) 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 • • RECORD OF PROCEEDINGS MINUTES BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO JULY 26, 2010 The Board of County Commissioners of Weld County, Colorado, met in regular session in full conformity with the laws of the State of Colorado at the regular place of meeting in the Weld County Centennial Center, Greeley, Colorado, July 26, 2010, at the hour of 9:00 a.m. ROLL CALL: The meeting was called to order by the Chair and on roll call the following members were present, constituting a quorum of the members thereof: Commissioner Douglas Rademacher, Chair Commissioner Barbara Kirkmeyer, Pro-Tern Commissioner Sean P. Conway Commissioner William F. Garcia Commissioner David E. Long Also present: County Attorney, Bruce T. Barker Acting Clerk to the Board, Elizabeth Strong Director of Finance and Administration, Monica Mika MINUTES: Commissioner Conway moved to approve the minutes of the Board of County Commissioners meeting of July 21, 2010, as printed. Commissioner Kirkmeyer seconded the motion, and it carried unanimously. CERTIFICATION OF HEARINGS: Commissioner Kirkmeyer moved to approve the Certification of Hearings conducted on July 21, 2010, as follows: 1) USR #1739 — Carma Bayshore, LLC, c/o Kerr-McGee Oil and Gas Onshore, LP; 2) USR #1704 - Shelton Land and Cattle, Ltd., and Heartland Renewable Energy, LLC; and 3) USR #1741 — Roswell and Kerry Checketts. Commissioner Conway seconded the motion, which carried unanimously. AMENDMENTS TO AGENDA: There were no amendments to the agenda. PUBLIC INPUT: No public input was given. CONSENT AGENDA: Commissioner Long moved to approve the Consent Agenda as printed. Commissioner Conway seconded the motion, and it carried unanimously. PRESENTATIONS: RECOGNITION OF SERVICES, WELD COUNTY RURAL TASK FORCE - TED CARLSON, LES HARDESTY, TOM HAREN, JERRY HERGENREDER, TOM HOLTON, MARK PELZEL, LYNDA PRUETT, LAR VOSS, AND FRED WALKER: Chair Rademacher read the certificates into the record, recognizing Ted Carlson, Les Hardesty, Tom Haren, Jerry Hergenreder, Tom Holton, Mark Pelzel, Lynda Pruett, Lar Voss, and Fred Walker for their service on the Weld County Rural Task Force. Commissioner Conway thanked the members who served on the Weld County Rural Task Force, and he stated the process required many meetings and the members performed a great public service. Minutes, July 26, 2010 2010-1688 Page 1 BC0016 • COMMISSIONER COORDINATOR REPORTS: There were no Commissioner Coordinator Reports. BIDS: PRESENT BID #B1000125, BI-FUEL CONVERSION KITS AND INSTALLATION FOR VARIOUS VEHICLES — DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT/FLEET MAINTENANCE: Monica Mika, Director of Finance and Administration, stated said bid will be presented for approval on August 9, 2010, and although staff spoke to four (4) potential vendors, only one (1) vendor submitted a bid. She stated several work sessions have been conducted regarding this matter and she is comfortable with proceeding with the one (1) vendor that submitted a bid due to the uniqueness and proprietary nature of the project. NEW BUSINESS: CONSIDER TWO COLORADO WORKS PROGRAM AGREEMENTS FOR SERVICES AND LEASES WITH VARIOUS PROVIDERS AND AUTHORIZE CHAIR TO SIGN: Judy Griego, Director, Department of Human Services, stated these items are two (2) Multi-Disciplinary Youth Assessment Team (MYAT) agreements and leases with LifeBridge Christian Church and Saint Vrain Valley School District RE-1J for a term which commenced July 1, 2009, and ended June 30, 2010. She stated the agreements and leases were reviewed in a work session; however, the items were mistakenly not presented to the Board for formal approval; therefore, she must now request approval. She stated the agreement with LifeBridge Christian Church is for$50,753.00, and the agreement with Saint Vrain Valley School District RE-1J is for $40,483.90, for the agencies to serve a minimum of 100 eligible youth and families. Commissioner Conway moved to approve said agreements and leases and authorize the Chair to sign. Seconded by Commissioner Garcia, the motion carried unanimously. CONSIDER AGREEMENT FOR SERVICES AND AUTHORIZE CHAIR TO SIGN — EATON EARLY LEARNING CENTER: Ms. Griego stated this agreement is for the Therapeutic Pre-School Program, for children ages 2.5 through five (5), and it is for an amount of $9,600.00. She stated this agreement was also reviewed at a work session and not formally approved, and the term of the agreement commenced January 1, 2009, and ended December 31, 2009. Commissioner Long moved to approve said agreement and authorize the Chair to sign. Seconded by Commissioner Conway, the motion carried unanimously. CONSIDER APPLICATION FOR TEMPORARY ASSEMBLY PERMIT FOR SEPTEMBER 24, 25, AND 26, 2010 - LOVE-AIR R/C, INC.: Michael Harrington, Event Co-Director for Warbirds Over the Rockies, stated this is the fourth year the event has been conducted at a field owned by Love-Air R/C, Inc., and each year a permit has been obtained from the County. He stated traffic control has been arranged with a new company based out of the Town of Windsor, portable toilets will be provided by Portable Rental Systems, which is based out of the Town of Ault, and Waste Management will provide a dumpster for trash disposal. He further stated that he is trained in wilderness first aid, and the Ault Fire Department will be the first responder for emergency medical services. Mr. Harrington stated security will be provided by the club members, food and drinks will be available from Famous Dave's BBQ, and spectator seating will be available. In response to Chair Rademacher, Mr. Harrington stated alcohol will not be served at the event, and approximately 2,000 people attended the event last year on its busiest day. He stated last year there were some issues with the parking situation and he has made arrangements to better facilitate parking this year. He clarified there was plenty of room for parking last year; however, people were not being instructed where to park and they were taking more space than was necessary. Chair Rademacher stated the permit application indicates Mr. Harrington anticipates up to 2,000 people may attend the event; however, perhaps he should indicate up to 2,500 people may attend the event each day, since more people may attend the event this year. Minutes, July 26, 2010 2010-1688 Page 2 BC0016 Bruce Barker, County Attorney, stated a temporary assembly permit is required in order to have more than 350 people attend an event; however, there is no maximum number of people allowed, and the number of people the applicant anticipates attending is just an estimate. Commissioner Kirkmeyer requested that Mr. Harrington meet with Roy Rudisill, Office of Emergency Management, to ensure an emergency management plan is in place. Mr. Harrington stated he is familiar with emergency management plans and he appreciates Commissioner Kirkmeyer's suggestion. In response to Commissioner Conway, Mr. Harrington stated the traffic control will work in conjunction with the Colorado Department of Transportation (CDOT) and the Weld County Sheriffs Office. Commissioner Garcia moved to approve said Temporary Assembly Permit for September 24, 25, and 26, 2010. Seconded by Commissioner Long, the motion carried unanimously. CONSIDER PETITION TO VACATE A PORTION OF CR 26 TO THE EAST OF THE INTERSECTION OF CRS 26 AND 21.5 - MULTIPLE PETITIONERS: Don Carroll, Department of Public Works, stated multiple property owners have submitted a petition for the County to vacate a portion of County Road 26 right-of-way, which is located east of County Road 21.5 for approximately one (1) mile on the south side. He stated the Kiyota Greenhouses buildings have encroached onto the surrounding property; therefore, Daisy and Howard Kiyota have entered into an agreement to purchase 4.7 acres from Golden Dome Aggregates, LLC. He stated Golden Dome Aggregates, LLC, and the Kiyotas have been working with Michelle Martin, Department of Planning Services, to amend Lot B of Recorded Exemption #4153; however, Lot B cannot be amended until this section of right-of-way has been vacated. He stated in addition to Daisy and Howard Kiyota, Golden Dome Aggregates, LLC, and Donald and Shirley Ann Kanzler are petitioning for the vacation of this section of roadway, and the Department of Public Works supports the petitions. Mr. Carroll stated if the County decided to utilize this road right-of-way to extend County Road 26, it would have to address numerous issues, including existing structures, crossing the river, and flood plain issues. Larry Clark, Golden Dome Aggregates, LLC, stated his company acquired the property adjacent to Kiyota Greenhouses approximately seven (7) months ago and he discovered Kiyota Greenhouses had been leasing the north property line for many years; therefore, he offered to sell the leased property to the Kiyotas and they began the process to amend Lot B. He stated after beginning the process, it was discovered the road right-of-way had been in existence for over 100 years; however, it has never been utilized by the County, and Ms. Martin instructed the involved parties to resolve the right-of-way issue prior to pursuing amending Lot B. In response to Chair Rademacher, Mr. Barker stated he concurs with staff that vacation is appropriate in this case. Mr. Carroll stated generally the County prefers to retain its right-of-way; however, this particular portion of right-of-way is not a good fit for the County. Chair Rademacher stated he is hesitant to vacate anymore rights-of-way. In response to Commissioner Long, Mr. Clark confirmed this right-of-way has never been utilized as a roadway and there are structures constructed within it. Responding to Commissioner Long, Mr. Carroll stated none of the property owners will become landlocked by vacating this right-of-way. In response to Commissioner Kirkmeyer, Mr. Carroll stated there are existing accesses in place and staff will not be creating any new accesses, and the request is to vacate a 30 foot section of right-of-way located south of the section line. In response to Commissioner Kirkmeyer, Mr. Clark clarified the Kiyotas will become the owners of the former right-of-way when they purchase 4.7 acres of property from Golden Dome Aggregates, LLC, which includes the section of County right-of-way. Commissioner Long moved to approve said petition. Seconded by Commissioner Conway, the motion carried unanimously. CONSIDER INSTALLATION OF TRAFFIC CONTROL DEVICES ON CR 122 AT CR 89: Janet Carter, Department of Public Works, stated she is proposing installing two (2) stop signs at the intersection of County Roads 89 and 122 near the Town of Grover, which owns half of the intersection. She stated since she submitted the documentation the Board is viewing, more recent traffic counts have been conducted, and she is now recommending stopping eastbound and westbound traffic, as opposed to northbound and southbound traffic. She stated the average daily traffic count on County Road 89 was Minutes, July 26, 2010 2010-1688 Page 3 BC0016 157 vehicles, according to a traffic count conducted in the year 2009, and as of last week, the average daily traffic count was 439 vehicles, and approximately 55 percent of traffic in the area is trucks. In response to Chair Rademacher, Ms. Carter stated a portion of County Road 89 was recently treated with Recycled Asphalt Pavement (RAP), and Noble Energy paved a portion of County Road 89 and will be paving a portion of County Road 87. Commissioner Long stated the paving which Noble Energy will be completing on County Road 87 will be on the west side and it will also be paving the north part of County Road 22 within the Town of Grover. He stated Noble Energy paved a portion of County Road 89 last year; however, it is north of the intersection, and he moved to approve said installation of stop signs on County Roads 122 at County Road 89. In response to Commissioner Conway, Ms. Carter stated the Town of Grover approved the installation of the stop signs on July 15, 2010. Commissioner Conway seconded the motion, which carried unanimously. CONSIDER APPLICATION FOR JUVENILE ACCOUNTABILITY BLOCK GRANT (JABG) AND AUTHORIZE CHAIR TO SIGN: Ken Poncelow, Weld County Sheriffs Office, stated this application was discussed at a work session and it is applying for $28,281.00. He stated a cash match will be provided by North Range Behavioral Health and there is no cost to the County, and the funds will enable North Range Behavioral Health to provide services to at risk youth who are involved in the criminal justice system. Commissioner Long moved to approve said application and authorize the Chair to sign. Seconded by Commissioner Garcia, the motion carried unanimously. CONSIDER DIRECTING CLERK TO THE BOARD TO HAVE PUBLISHED EMERGENCY ORDINANCE NO. 243-A SUPPLEMENTAL APPROPRIATION FOR 2010: In response to Commissioner Kirkmeyer, Ms. Mika stated this Resolution must be published two (2) weeks before the Board reviews the Ordinance and the specific appropriation. Commissioner Long moved to approve said Resolution directing the Clerk to the Board to publish Emergency Ordinance No. 243-A Supplemental Appropriation for 2010. Seconded by Commissioner Garcia, the motion carried unanimously. PLANNING: FINAL READING OF CODE ORDINANCE #2010-6, IN THE MATTER OF REPEALING AND RE-ENACTING, WITH AMENDMENTS, CHAPTER 21 AREAS AND ACTIVITIES OF STATE INTEREST, CHAPTER 23 ZONING, CHAPTER 24 SUBDIVISIONS, CHAPTER 26 RUA, CHAPTER 27 PUD, AND CHAPTER 29 BUILDING REGULATIONS, OF THE WELD COUNTY CODE: Commissioner Long moved to read Code Ordinance #2010-6 by title only. Seconded by Commissioner Garcia, the motion carried unanimously. Mr. Barker read the Ordinance into record by title. Tom Parko, Department of Planning Services, stated staff made several changes to the Ordinance text following the work session, based on the Board's direction. He stated there was a change made to the language regarding Class II commercial vehicles, in Section 23-1-90, on Page 7 of the Ordinance. Chair Rademacher stated the language addresses his concerns. In response to Chair Rademacher, Mr. Parko confirmed there is a proposed change to the language regarding non-commercial towers on Page 8, which states: "Any mast or pole taller than 40 feet and permanently attached to the property." Mr. Parko clarified the height was increased from thirty (30) to forty (40) feet. He stated the next proposed change to the Ordinance is on Page 35, Section 23-4-895.C, which will state: "Non-commercial towers must be setback from any existing or planned overhead transmission lines a distance equal to the height of the tower" He stated the word transmission should be added to the language, since many lines on private property are not transmission lines and the existing language was too general. Mr. Parko stated specifying transmission lines will adequately address staffs concerns, since staff is not concerned about a tower falling and damaging other types of lines, which the property owner would be responsible for repairing, and the damage to other types of overhead lines will not affect an entire region; only the property owner will be affected. Commissioner Long suggested that Item C state "a height more than the height of the tower,"as opposed to "equal to the height of the Minutes, July 26, 2010 2010-1688 Page 4 BC0016 tower." In response to Mr. Parko, Commissioner Long stated he does not need the language to specify how much greater in height. Mr. Barker stated "greater than" is sufficient for the proposed language. Mr. Parko stated on Page 47, under the Notes on Appendix 23-F, the tower height needs to be changed from thirty (30) to forty (40) feet and the language specifying a specific weight needs to be removed, in order to be consistent with the other proposed changes. In response to Mr. Barker, Mr. Parko confirmed there is a proposed change on Page 12 regarding commercial vehicles, which states: "In no case is a tractor-trailer and two (2) additional two rear axle vehicles permitted on a parcel of land less than eighty (80) acres, without the appropriate land use permits." In response to Mr. Barker, Mr. Parko confirmed the appropriate land use permits include a Class II home occupation permit. Commissioner Long suggested the proposed language be changed to state "and no more than one (1) tractor trailer and one (1) two mar axle vehicle will be permitted, without the appropriate land use permits,"instead of stating "and two (2) additional rear axle vehicles". He clarified one (1) rear axle vehicle is allowed without a permit, and he suggesting the section state what is allowed without a permit. Mr. Barker suggested the Board consider amending the Ordinance with the proposed language before moving forward. Commissioner Kirkmeyer suggested the language state, "Without the appropriate land use permits, only one (1) tractor trailer and one (1) two rear axle vehicle are permitted on a parcel of landless than eighty(80) acres." Commissioner Long moved to amend the language to Section 23-3-30, to include the language proposed by Commissioner Kirkmeyer. Commissioner Kirkmeyer seconded the motion, which carried unanimously. Commissioner Kirkmeyer moved to amend all the references to non-commercial towers in the Code to be changed from thirty (30) to forty (40) feet, with no weight limit. Commissioner Long seconded the motion, which carried unanimously. (Clerk's Note: Definition also modified in Section 23-4-804.) Commissioner Kirkmeyer moved to amend the language in Section 23-4-895.C to state, "Non-commercial towers must be setback from any existing or planned overhead transmission lines a distance greater than the height of the tower." Commissioner Conway seconded the motion, which carried unanimously. Bill Bartlett, Weld County resident, stated he spoke to Mr. Barker last week regarding medical marijuana and he mentioned the Board has concerns about the potential pressures which may result on local police and fire departments in unincorporated areas. He stated he is not in favor of prohibition and it creates more problems than it solves. He inquired as to whether there has been an increase in crime in unincorporated Weld County and if this is the motivation for the Board banning medical marijuana facilities. Chair Rademacher stated there have not been any medical marijuana facilities approved in unincorporated Weld County. In response to Mr. Bartlett, Chair Rademacher confirmed the Ordinance is a pre-emptive measure. Commissioner Kirkmeyer stated the Ordinance addresses the land use issues concerning medical marijuana facilities; however, the Sheriff would need to respond to questions about law enforcement issues. Commissioner Long stated there have been some sites illegally growing medical marijuana in northeast Weld County and the facilities have been a challenge to law enforcement and required a great deal of time. In response to Mr. Bartlett, Chair Rademacher confirmed this is the final reading of the proposed Ordinance. He stated the Board is aware medical marijuana will be grown within Weld County and the Ordinance allows for authorized caregivers and patients to grow medical marijuana. He stated growing and selling marijuana is against Federal law, which is the main reason he is opposed to it, and the Federal government may begin enforcing its laws regarding marijuana at any point. Mr. Bartlett stated he heard legalizing recreational marijuana use will be proposed in the future, and he inquired as to how the Board feels about it. Chair Rademacher stated as long as it is illegal at the Federal level, he is opposed to it. He stated any operators of medical marijuana facilities which can prove they were operating as of June 1, 2010, will be able to continue operating until July 1, 2011, and after that date, they will need to be licensed by the State; however, Weld County will not be issuing any local licenses. Commissioner Long stated he would like to remove a portion of the Ordinance regarding subdivision design standards from Page 42 of the Ordinance and continue this portion of the Ordinance to another date, to allow time for additional discussion. He stated the Board seems to be in agreement with all the Minutes, July 26, 2010 2010-1688 Page 5 BC0016 other issues discussed from the Ordinance; however, it seems to need additional time to provide more direction and clarification on this issue. Commissioner Kirkmeyer concurred with Commissioner Long that more time is needed to discuss the matter; however, she indicated she does not want to start the Ordinance process over from the beginning. She stated if this portion can be removed and continued to a particular date, she is in favor of it. In response to Mr. Barker, Commissioner Long clarified he would like to continue just this portion of the Ordinance; however, he would like to approve the rest of the Ordinance today. Mr. Barker stated if the Board removes a portion of the Ordinance on the final reading, it will have to restart the Ordinance process and conduct three (3) readings for the removed portion of the Ordinance. In response to Commissioner Long, Mr. Barker stated the Board may continue the third reading of the Ordinance in its entirety; however, it cannot continue one (1) portion of the Ordinance. He recommended the Board continue the Ordinance and the Board can determine whether it would like to remove the portion in question. Commissioner Long stated he does not want to continue the entire Ordinance because he does not want to delay the portion pertaining to medical marijuana, and he moved to withdraw the proposed amendments to Section 24-8-20 regarding recorded exemptions from the Ordinance. He stated there are some other planning matters which may be addressed in the same Ordinance as where the recorded exemptions are addressed. Commissioner Conway seconded the motion, and he stated he wants to make sure the issue is resolved; however, he does not want to delay the rest of the Ordinance. Commissioner Garcia inquired as to whether there are any concerns about delaying the portion of the Ordinance pertaining to recorded exemptions. Commissioner Kirkmeyer stated people may try to further divide Lot Bs which are less than 35 acres in size. There being no further discussion, the motion carried unanimously. Commissioner Long expressed his appreciation to the public for their feedback, he stated the Board has been deliberate in process, and he moved to approve Code Ordinance#2010-6 on final reading, as amended. Commissioner Garcia seconded the motion. Chair Rademacher thanked the Weld County Rural Task Force, staff, and the members of the public who provided input regarding the Ordinance. Commissioner Conway stated as long as the Federal government deems marijuana to be an illegal product, he does not feel comfortable allowing Weld County citizens to operate medical marijuana facilities, since a new U.S. Attorney could choose to begin enforcing the Federal laws against marijuana. Commissioner Kirkmeyer stated the Commissioners take an oath of office to uphold the State and Federal laws and growing and selling marijuana is not legal. There being no further discussion, the motion carried unanimously. HEALTH NEW BUSINESS: CONSIDER AUTHORIZATION FOR WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL ACTION AGAINST JAMES WRENFROW FOR VIOLATION OF WELD COUNTY CODE: Troy Swain, Department of Public Health and Environment, stated he is requesting that the Board order the abatement of a nuisance condition. He stated James Wrenfrow has disposed of household trash which was collected on his service route, onto his property, which is in violation of Section 30-20-102, C.R.S., and the Weld County Code. He stated the household waste on Mr. Wrenfrow's property constitutes a nuisance and health hazard, and notice of the nuisance condition and today's hearing were delivered to Mr. Wrenfrow on July 22, 2010. Mr. Swain stated he received a complaint from a citizen on July 21, 2010, as well as complaints and spill reports from the Weld County Sheriffs Office and the Colorado Department of Public Health and Environment. He stated an inspection revealed that compacted household trash from Mr. Wrenfrow's service route had a strong foul odor and was attracting flies and birds. He stated the Department requested that Mr. Wrenfrow remove and properly dispose of the household trash on his property, which has not been completed. Mr. Swain requested that the Board of County Commissioners, acting in its capacity as the Board of Health, orders Mr. Wrenfrow to abate the nuisance condition on his property within 24 hours, in accordance with Section 25-1-518, C.R.S. He stated staff has provided photographs and other documentation to the Board, and the property conditions remain the same as in the photographs. Chair Rademacher inquired as to why this matter is not being considered at a regular violation hearing and he stated there appear to be numerous violations on the property. Mr. Swain stated this hearing is just to address the trash on the property, Minutes, July 26, 2010 2010-1688 Page 6 BC0016 and it is being addressed today, as opposed to waiting for the next violation hearing, because the trash is compacted; therefore, the trash is not bagged and it is exposed, and the matter is time sensitive. Mr. Barker stated he has just e-mailed the Board a copy of Section 25-1-518, C.R.S., and he stated the Board of County Commissioners is acting as the Board of Health on this matter, in accordance with the Home Rule Charter. He stated the Board can order the property to be cleaned up within 24 hours and if it does not happen, the Board can bill the property owner for the County's clean-up costs. He stated the zoning violation will also be considered on August 9, 2010. Mr. Swain stated he spoke to Mr. Wrenfrow this morning and he indicated he will not be able to attend today's hearing since he is driving another company's truck to be able to pick up the trash on his routes today. He stated Mr. Wrenfrow indicated last Wednesday it would take five (5) to seven (7) days for him to remove the trash from the property; however, he is now unsure of how long it will be before he has the necessary funds to remove the trash from his property. In response to Commissioner Conway, Mr. Swain stated that Mr. Wrenfrow has stopped hauling new trash onto the property and the last load he brought to the property was on Monday of last week. He stated there were approximately five (5) or six (6) loads of compacted trash dumped on Mr. Wrenfrow's property, and the trash will expand if it remains on the property. He stated last Wednesday staff requested that Mr. Wrenfrow cover the trash on the property, and he subsequently covered a portion of the trash with plastic, which he weighted down with tires and wood. In response to Commissioner Conway, Mr. Swain stated this situation is an immediate health hazard, particularly due to the current high temperatures. He stated the Department may have to initiate a bid process for removal of the trash or it may request assistance from the Department of Public Works. Commissioner Conway stated he concurs the situation is serious, and he inquired as to how long it will be before the County can commence the trash removal. Mr. Swain stated Mr. Wrenfrow will have 24 hours to remove the trash from the property and if he does not, staff can initiate the bid process tomorrow or the following day. He recommended enlisting the assistance of the Department of Public Works if the companies that submit bids cannot commence the clean-up immediately. In response to Commissioner Conway, Chair Rademacher and Commissioner Kirkmeyer indicated it is unclear as to whether there is any hazardous waste among the trash. Mr. Swain stated hazardous materials are sometimes disposed of with the household trash; however, he is mainly concerned about potential rain events, which may create additional problems underneath the trash piles. Chair Rademacher inquired as to whether the Board can forego the bid process and instruct the Department of Public Works to clean up the property. Mr. Barker stated Chair Rademacher's suggestion is an option; however, the Board does not have to decide on that issue today, and the Department of Public Works may not have the necessary staff available to remove the trash from the property. Mr. Barker stated the Board needs to determine whether the situation is a nuisance and if it is determined to be, the Board needs to order the abatement of the nuisance situation within 24 hours, and if the nuisance is not abated within 24 hours, the County can abate the nuisance and bill the property owner for the expenses incurred. In response to Commissioner Kirkmeyer, Mr. Swain stated Mr. Wrenfrow indicated his trucks are inoperable and he has hired another company to pick up the trash on his routes, which he is participating in with one (1) of the contracted company's trucks. Commissioner Kirkmeyer stated the Board will not have any patience regarding this issue, since Mr. Wrenfrow should not have been dumping the trash on his property to begin with, and the Board should be considering who will be completing the trash removal, since it is unlikely Mr. Wrenfrow will complete the trash removal within 24 hours. She stated the Board should also consider having the remainder of the trash covered with tarps, since she is concerned about it raining and Mr. Wrenfrow's property being near numerous irrigation ditches and canals. Mr. Swain stated he told Mr. Wrenfrow this morning that all the trash piles need to be covered, and the Board can direct him to cover the trash piles; however, he needs the staff and materials to do it. Commissioner Kirkmeyer stated the County can also hire someone to cover the trash piles, and Mr. Swain concurred. Chair Rademacher provided the opportunity for public testimony; however, none was given. In response to Commissioner Conway, Mr. Swain reiterated the matter was brought to his attention as the result of a citizen complaint he received on Wednesday morning, and he subsequently received a spill report from the Colorado Department of Public Health and Environment. He stated there was also a spill report called into the National Response Center, which the Minutes, July 26, 2010 2010-1688 Page 7 BC0016 • • Environmental Protection Agency informed the Department about. Further responding to Commissioner Conway, Mr. Swain stated Mr. Wrenfrow indicated he dumped four (4) loads of compacted trash on his property; however, it appears to be approximately six (6) loads, which he estimates will fill approximately three (3) tractor trailers. He stated a portion of the trash remains compacted; therefore, it is difficult to estimate the volume, and Mr. Wrenfrow has added some household furniture to the trash piles. Chair Rademacher stated the matter needs to be quickly resolved. Mr. Swain stated he does not believe simply covering the trash will resolve the matter. Chair Rademacher stated he would like the Department of Public Works to immediately begin hauling trash from the property. Mr. Barker stated the Board has to give the property 24 hours to resolve the matter, according to State statute. Commissioner Garcia stated there is no monetary penalty listed in the Resolution; however, Section 25-1-518, C.R.S., indicates a penalty can be assessed in the amount of $100.00, if the property is not cleaned up within 24 hours. Mr. Barker stated the penalty applies to situations when the property is successfully cleaned up, yet the process exceeded the 24-hour time allowance. He stated the statute allows for the County to collect the expenses of the abatement, and another section specifies the County can collect against the property owner personally. He stated the expense of abating the entire nuisance will be far more substantial than $100.00. Commissioner Conway moved to authorize the County Attorney to proceed with immediate legal action against James Wrenfrow, to find the trash conditions are a health hazard, which constitute a nuisance, and to order that the nuisance condition be abated within 24 hours or the property owner will be assessed the cost of abatement. Commissioner Garcia seconded the motion. Commissioner Conway inquired as to how soon the Board can waive the bid process, since he is worried about the ground and irrigation water. Mr. Barker clarified the Board does not need to initiate a bid process, since the cost will be less than $10,000.00 and a professional service contract can be drafted, which the Chair may sign without the Board's approval. He stated if the cost is more than $10,000.00, the contract will be presented to the Board at the following Board meeting. Commissioner Conway indicated he simply wants to ensure the Weld County Department of Public Health and Environment has the tools necessary to quickly begin abating the nuisance after the 24 hours have expired. In response to Commissioner Kirkmeyer, Mr. Barker reiterated the State statute limits the potential fine the Board may impose to $100.00 and it is generally applied to clean up efforts which exceed 24 hours, and he stated the fine must be against the individual personally, as opposed to an assessment against the property. Responding to Commissioner Kirkmeyer, Mr. Swain stated if staff suspects criminal activity is occurring on a property, a referral is made to the District Attorney's Office. There being no further discussion, the motion carried unanimously. RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the Consent Agenda. Ordinance#2010-6 was approved on final reading. Let the minutes reflect that the above and foregoing actions were attested to and respectfully submitted by the Acting Clerk to the Board. Minutes, July 26, 2010 2010-1688 Page 8 BC0016 • • There being no further business, this meeting was adjourned at 10:22 a.m. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: Douglas Rademacher, Chair Weld County Clerk to the Board Barbara Kirkmeyer, Pro-Tem BY: Deputy Clerk to the Board Sean P. Conway William F. Garcia David E. Long Minutes, July 26, 2010 2010-1688 Page 9 BC0016 • SCHEDULE A LEGAL DESCRIPTION A PARCEL OF LAND LYING IN THE NORTHEAST 1/4 OF SECTION 2, 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 2, TOWNSHIP 2 NORTH, RANGE 67 WEST OF THE 6TH P.M.,AS BEARING SOUTH 89°25'21" EAST BETWEEN A FOUND 2 1/2" ALUMINUM CAP LS 19585 AT THE NORTH ONE-QUARTER CORNER AND A FOUND 3 1/2" ALUMINUM CAP LS 28665 AT THE NORTHEAST SECTION CORNER AND WITH ALL OTHER BEARINGS CONTAINED HEREIN RELATIVE THERETO. COMMENCING AT THE NORTH ONE-QUARTER OF SECTION 2, TOWNSHIP 2 NORTH,RANGE 67 WEST; THENCE ALONG THE WEST LINE OF THE NORTHEAST 1/4 OF SAID SECTION 2 S 00°50'54" E FOR A DISTANCE OF 121.71 FEET TO THE POINT OF BEGINNING; THENCE DEPARTING SAID WEST LINE ALONG THE SOUTHERLY AND EASTERLY LINES OF A PARCEL OF LAND DESCRIBED IN BOOK 1185 AT PAGE 341,WELD COUNTY RECORDS, THE FOLLOWING TWO (2) COURSES AND DISTANCES;. 1. S 89°25'21" E FOR A DISTANCE OF 354.97 FEET; 2. N 00°34'39" E FOR A DISTANCE OF 121.67 FEET TO A POINT ON THE NORTH .LINE OF SAID NORTHEAST 1/4; THENCE ALONG SAID NORTH LINE S 89°25'21" E FOR A DISTANCE OF 1366.50 FEET TO A POINT ON THE WEST LINE OF A PARCEL OF LAND DESCRIBED IN BOOK 1041 AT PAGE 508 WELD COUNTY RECORDS; THENCE ALONG SAID WEST LINES 10°40'21" E FOR A DISTANCE OF 124.05 FEET;THENCE DEPARTING SAID WEST LINE N 89°25'21"W FOR A DISTANCE OF 1344.70 FEET; THENCE S 00°34'39" W FOR A DISTANCE OF 92.25 FEET; THENCE N 89°2521" W FOR A DISTANCE OF 398.68 FEET TO A POINT ON THE WEST LINE OF SAID NORTHEAST 1/4; THENCE ALONG SAID WEST LINE N 00°50'54" W FOR A DISTANCE OF 92.08 FEET TO THE POINT OF BEGINNING. ' Printable . AM 1 S3 Page 1 of 2 -- c- n.j Pou..'Ss 5ca4,.x�1 Kiyota Greenhouse near Platteville marks its 50th year in business BILL JACKSON GREELEY, COLO., In 1959, Kiyota Greenhouses Inc. opened with one greenhouse, about 50 feet wide and 100 feet long. The business was started by Johnny and Daisy Kiyota and Henry and Mayrene Kiyota. Now, 50 years later, the fourth generation of the family continues to help operate the business. One greenhouse has grown to 15 to 20 greenhouses about four miles southwest of Platteville, where Johnny and Daisy have made their home for more than 60 years. They celebrated their 63rd anniversary in February, then Johnny passed away in June. When Johnny and Daisy were married in the Fort Lupton Methodist Church, they were farming the land where the greenhouses now sit. Daisy proudly points out they have been members of the Platteville Methodist Church for some 60 years. "We had 75 acres of potatoes and 75 acres of sweet corn. We had a family from Texas who came up every year to help, but when their children got older, they quit coming," Daisy said as she sat at a table just off the kitchen of their comfortable home. So that's when Johnny and his brother, Henry, along with their wives, decided to start the greenhouse business. Greenhouses have been a staple of Weld County agriculture for years and most recent estimates are that there is at least 1 million acre feet or more under glass or plastic in the county. Part of the land that produced the potatoes and sweet corn is now pasture that is leased to a neighbor, Daisy said. Daisy said her brother-in-law is a carpenter and when the greenhouse first opened, he made boxes of wood that could hold 12 bedding plants of either flowers or the vegetables they grew. "AU that is plastic now, for the past several years," she said. At first, everything was hand-planted in the boxes, but even that has advanced to machinery, she added. Bedding plants and vegetables have been a mainstay of Kiyota Greenhouses. At the start, and for many years, the family would get their seeds from Rocky Mountain Seed Co., but even that has changed as now seeds come from several different sources. — G7,3•01-1 os --rc seeds, such as those for petunias, weigh only 1/64th of an ounce, and for some specialty varieties, can cost upward of $70,000 a pound, Daisy said. Kiyota Greenhouses has both a wholesale and retail market business, providing several nurseries, landscape companies and flower shops with product, in addition to customers who come to the greenhouses to get their hanging and bedding plants, as well as vegetables. "For several years, we had five women who would come from Kansas, all in individual cars. They'd bring their lunch and spend the day picking out vegetables for their gardens. They fill their cars or station wagons and then go back to Kansas in the afternoon," Daisy said. http://www.thefencepost.com/apps/pbcs.d11/article?AID=/2009 1 1 07/NEWS/911079999&t... 9/27/2010 Printable • • Page 2 of 2 Daisy said she doesn't stick her nose in the greenhouses much anymore, leaving the business operations to the Kiyota children — Dale, Roger and Susan Zeiler. Dale, she said, has a degree in horticulture from Colorado State University, while Roger has a business degree from the Fort Collins universitsP. They start planting early in January and the retail business gets hectic at times from April through July. Neighbors work in the greenhouses during the spring and summer months, some of whom have been with the business for 40 years, Daisy said. The operation is open to rows for school children and garden clubs, and wholesale product is shipped from Cheyenne to Denver and into Estes Park. sek /R .l "It's been a long time," Daisy said, looking back over the past 50 years. http://www.thefencepost.com/apps/pbcs.d Uarticle?AID=/20091107/NEWS/911079999&template=printart A, 6- 10 cv-cA * S http://www.thefencepo st.com/apps/pbcs.dll/article?AID=/2009 1 1 07/NEW S/9 1 1 079999&t... 9/27/2010 Hello