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"OD 8'.M.+'a 7am,0 ','M I OL'a 60OLb:J9'°uG'L?M:09L0V61�:1'.'Fe.�n514B9l Jt'H 847 RESOLUTION RE: APPROVE IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS, AUTHORIZE CHAIR TO SIGN, AND ACCEPT COLLATERAL FOR RECORDED EXEMPTIONS, RE -4887 AND RE -4888 - OWL INVESTMENTS, LLC WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, on April 19, 2009, the Department of Planning Services approved Recorded Exemptions, RE -4887 and RE -4888, for Owl Investments, LLC, 4660 Getaway Drive, Berthoud, Colorado 80513, for two (2) four -lot Recorded Exemptions on the following described real estate, to -wit: Amended Lot B of RE -3697 and RE -3698, Portion of Section 35, Township 8 North, Range 65 West of 6th P.M., Weld County, Colorado WHEREAS, pursuant to certain Conditions of Approval, the Board has been presented with an Improvements Agreement According to Policy Regarding Collateral for Improvements between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and Owl Investments, LLC, with terms and conditions being as stated in said agreement, and WHEREAS, the Board has been presented with Irrevocable Letter of Credit #10862 from The ASIF Company, 4501 Boardwalk Drive, Suite M126, Fort Collins, Colorado 80525, in the amount of $7,148.00, and WHEREAS, after review, the Board deems it advisable to approve said agreement and accept said Irrevocable Letter of Credit as stated above, copies of which are attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Improvements Agreement According to Policy Regarding Collateral for Improvements between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and Owl Investments, LLC, be, and hereby is, approved. BE IT FURTHER RESOLVED that Irrevocable Letter of Credit #10862 from The ASIF Company, 4501 Boardwalk Drive, Suite M126, Fort Collins, Colorado 80525, in the amount of $7,148.00 be and hereby is, accepted I MID 11111 DUI IIII11111111111111111III11111IM IIII 3637847 07/22/2009 11:57A Weld County, CO 1 of 15 R 0.00 ID 0.00 Steve Moreno Clerk & Recorder 2009-1349 RE4887 RE4888 v7 //q /c`i IMPROVEMENTS AGREEMENT - OWL INVESTMENTS, LLC PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 15th day of June, A.D., 2009. ATTEST: Weld County Clerk to the BY APP ttorney Date of signature l-010to10C'1 1111111 11111 111111 1111 111111 111111 11111 III 111111111 1111 3637847 07/22/2009 11:57A Weld County, CO 2 of 15 R 0.00 ID 0.00 Steve Moreno Clerk & Recorder BOARD OF W LD Douglas UNTY COMMISSIONERS Y, COLORADO Sean E( Conway Bar ra Kirkmeyer David E. Long 2009-1349 RE4887 RE4888 MEMORANDUM 111k COLORADO TO: Board of County Commissioners 6/4/2009 FROM: Chris Gathman — Planner III SUBJECT: On-Site/Off-Site Improvements Agreement for Owl Investments LLC (RE -4887 & RE -4888) The Department of Planning Services has received a signed improvements agreement for on - site access improvements for Owl Investments LLC along with a Irrrevocable Letter of Credit No. 10862 in the amount of Seven -Thousand One -Hundred Forty -Eight Dollars ($7,148.00). The improvements agreement and collateral is for on -site access improvements associated with Recorded Exemptions 4887 & 4888. The improvements agreement and collateral has been reviewed by the Departments of Planning Services and Public Works and it has been determined that the amount of collateral is sufficient to cover the proposed improvements. The Departments of Planning Services and Public Works recommend acceptance of this collateral. 1111111 11111 111111 IIII 1131 111111 III 11111 I'll till 3637847 07/22/20(19 11:57A Weld County, CO 3 of 15 R 0.00 0 0.00 Steve Moreno Clerk & Recorder IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS Owl Investments LLC — RE -4887 and RE -4888 THIS AGREEMENT, made and entered into this I rik day of :3-1.)11C?__ CAI by and between the County of Weld, State of Colorado, acting through its Board of County Commissioners, hereinafter called "County," and Owl Investments LLC, hereinafter called "Property Owner." WITNESSETH: WHEREAS, Property Owner is the owner of, the following described property in the County of Weld, Colorado: Amended Lot "B" of RE -3697 & RE -3698, Portion of Section 35, Township 8 North, Range 65 West of the 6th P.M., Weld County, Colorado and hereinafter referred to as "the Property," and WHEREAS, Property Owner has acquired land use permits from County for a Recorded Exemption on approximately 256 acres on the above described real property, and the County is currently in the process of considering an Amended Recorded Exemption for the Property (RE - 3697 & RE -3698), and WHEREAS, the Property Owner acknowledges that the issuance of RE -4887 and RE -4888 is conditional upon Property Owner's performance of the on -site and off -site improvements which are described in this Agreement and depicted in a set of plans provided by Property Owner (hereinafter referred to as "Plans"), a copy of which is attached to this Agreement and made a part hereof, and a aS momm cc ooa IVY — = U o O 44) CC _tea o` CD �y ar0 r0 0 se �o� —No O.1 ano moo¢ a —F-o — co eo 0 ` o CO O,V WHEREAS, Property Owner acknowledges that it may not engage in any activity related to the businesses described above until said improvements have been completed, and WHEREAS, the parties agree that Property Owner shall not be required to commence work on the on -site or off -site improvements, nor to provide collateral for said improvements until Property Owner submits an application for grading. NOW, THEREFORE, IN CONSIDERATION OF the foregoing and of the promises and covenants contained herein, the parties hereto promise, covenant and agree as follows: A. Required Off -Site Improvements: Non Applicable B. Haul Routes: Non Applicable C. Road Maintenance Requirements: Non Applicable M:\AGREEMENTS\Road-Improv\2009\Owl Investments LLC (RE's-4887&4888)\RE-4887&4888 Improvements Agreement -Owl Investments LLC-Fina1(6-10-09).doc 2009-1349 D. On -Site Improvements: 1.0 Landscaping and Fencing Requirements: Property Owner shall landscape and maintain the landscaping of the property. Specifically, Property Owner shall at its own expense, plant, install and maintain all trees, grass and shrubs and other landscaping described and enumerated on Exhibits A and B which are attached to this Agreement. Additionally, the Property Owner shall install and maintain fencing to screen the exterior of the property. Specifically, Property Owner shall at its own expense install and maintain fencing described and enumerated on Exhibits A and B which are attached to this agreement. 2.0 On -Site Grading, Drainage Facilities and Paving: Property Owner shall, at its own expense, grade, pave with Class 6 Aggregate Base specified roadway portions, and install accepted drainage facilities, in the interior portion of the property in accordance with the directives of the Weld County Department of Public Works and Department of Planning, as described in Exhibits A and B which are attached to this Agreement. Specific criteria for the roadway are as follows: I, Two 12 foot wide lanes with 1 foot wide shoulders; both utilizing Class 6 Base 2. Fifty foot wide cul-de-sac radius, utilizing Class 6 Base 3. Four inch minimum depth for Class 6 Base pavement 4. Borrow ditches on each side of the roadway 5. Stop sign to be placed at access onto WCR 45, meeting MUTCD requirements. 6. If over an acre is disturbed during grading, a CDHPE from the State of Colorado Stormwater Division will be required and all associated erosion control measures. The maintenance of these roadway improvements shall be provided by the Property Owner during the one-year warranty period. At the conclusion of this warranty period, Property Owner shall remain responsible for the maintenance of the road and all other improvements unless and until Property Owner, pursuant to the terms of Paragraph 9.0 herein, assigns responsibility for such maintenance to a third party. Additional infrastructure improvements will be addressed at the time of application for an amended RE. 3.0 Timing of Improvements: Property Owner shall not be required to complete the landscaping requirements until the occurrence of the triggering event for all improvements, namely the application of the grading permit or an amendment to the existing RE. At that time, Property Owner agrees that all landscaping shall be completed within the parameters established in Exhibit B. General Requirements: 1.0 Engineering Services: Property Owner shall furnish, at its own expense, all engineering services in connection with the design and construction of the improvements listed on Exhibit "A," according to the construction schedule set forth in Exhibit "B," both of which are attached hereto and incorporated herein by reference. 1.1 The required engineering services shall be performed by a Professional Engineer and Land Surveyor registered in the State of Colorado, and shall conform to the standards and criteria established by the County for public improvements. M:\AGREEMENTS Road-Improv 2009 Owl nvestmen2s LLC (RE's-4887&4888)\RE-4887&4888 Improvements Agreement -Owl Investments LLC-Final(6-10-09).doc 1 111111 11111 111111 1111 111111 111111 11111 III VIII IIII IIII 3637847 07/22/2009 11:57A Weld County, CO 5 of 15 R 0.00 0 0.00 Steve Moreno Clerk & Recorder 1.2 The required engineering services shall consist of, but not be limited to, surveys, designs, plans and profiles, estimates, construction supervision, and the submission of necessary documents to the County. 1.3 Property Owner shall furnish construction drawings for the road improvements on public rights -of -way or easements and all improvements interior on the Property for approval prior to the letting of any construction contract. 2.0 Rights -of -way and Easements: Before commencing the construction of any improvements herein agreed upon for public rights -of -way or easements, Property Owner shall acquire, at its own expense, good and sufficient rights -of -way and easements on all lands and facilities traversed by the proposed improvements. All such rights -of -way and easements used for the construction of roads to be accepted by the County shall be conveyed to the County and the documents of conveyance shall be furnished to the County for recording. 3.0 Construction: Property Owner shall furnish and install, at its own expense, the improvements listed on Exhibit "A," which is attached hereto and incorporated herein by reference, with the improvements interior to the Property being completed by the dates set forth on Exhibit "B", and improvements to public rights -of -way or easements being completed also in accordance with the schedule set forth in Exhibit "B" The Board of County Commissioners, at its option, may grant an extension of the time of completion stated herein upon application by the Property Owner. 3.1 Said construction shall be in strict conformance to the plans and drawings approved by the County and the specifications adopted by the County. 3.2 Property Owner shall employ, at its own expense, a qualified testing company previously approved by the County to perform all testing of materials or construction; and shall furnish copies of test results to the County. lu U a N CC oc .68 = U a o a ✓ Q) eC d aljN PTO �To o �6• Q ENO a C oac a ar m CO oN PNJ CO 3.3 At all times during said construction, the County shall have the right to test and inspect, or to require testing and inspection of material and work, at Property Owner's expense. Any material or work not conforming to the approved plans and specifications shall be removed and replaced to the satisfaction of the County at Property Owner's expense. 3.4 Said RE improvements shall be completed, according to the terms of this Agreement, within the construction schedule appearing in Exhibit "B." The Board of County Commissioners, at its option, may grant an extension of the time of completion of items shown on Exhibit "A" upon application of the Property Owner subject to the terms of Section 6 herein. 4.0 Release of Liability: Property Owner shall indemnify and hold harmless the County from any and all liability loss and damage County may suffer as a result of all suits, actions or claims of every nature and description caused by, arising from, or on account of said design and construction of improvements, and pay any and all judgments rendered against the County on account of any such suit, action or claim, together with all reasonable expenses and M:\AGREEMENTS\Road-Improv\2009\Ow1 Investmerr�s LLC (RE's-4887&4888)\RE-4887&4888 Improvements Agreement -Owl Investments LLC-Final(6-10-09).doc attorney fees incurred by County in defending such suit, action or claim whether the liability, loss or damage is caused by, or arises out of the negligence of the County or its officers, agents, employees, or otherwise except for the liability, loss, or damage arising from the intentional torts or the gross negligence of the County or its employees while acting within the scope of their employment. All contractors and other employees engaged in construction of the improvements shall maintain adequate worker's compensation insurance and public liability insurance coverage, and shall operate in strict accordance with the laws and regulations of the State of Colorado governing occupational safety and health. 5.0 Warranty of Road Improvements: Property Owner shall warranty all improvements to public rights -of -way, including all privately created and maintained roads or rights -of -way, or easements for a period of one (1) year. The warranty period shall begin only after the County's execution of a written acceptance of the improvement(s). 6.0 Acceptance of Improvements by the County: Upon compliance with the following procedures by the Applicant, the improvements shall be deemed accepted by the County. 6.1 If desired by the County, portions of the improvements may be placed in service when completed according to the schedule shown on Exhibit "B," but such use and operation shall not constitute an acceptance of said portions. 6.2 County may, at its option, issue building permits for construction on lots for which the improvements detailed herein have been started but not completed as shown on Exhibit "B," and may continue to issue building permits so long as the progress of work on the RE improvements in that phase of the RE is satisfactory to the County, and all terms of this Agreement have been faithfully kept by Applicant. 6.3 Upon completion of the construction of improvements within the RE and required offsite improvements, and the filing of a Statement of Substantial Compliance, the applicant(s) may request in writing that the County inspect the improvements and recommend that the Board of County Commissioners partially approve them. Not sooner than nine months after partial acceptance, the County Engineer shall, upon request by the applicant, inspect the subject improvements, and notify the applicant(s) of any deficiencies. The County Engineer shall reinspect the improvements after notification from the applicant(s) that any deficiencies have been corrected. If the County Engineer finds that the improvements are constructed according to County standards, he or she shall recommend full acceptance. Upon a receipt of a positive unqualified written recommendation from the County Engineer for acceptance of improvements within the RE, the Board of County Commissioners shall fully accept said improvements as public but with private pay. 7.0 General Requirements for Collateral: M:\AGREEMENTS\Road-Improv\2009\0w1 Investments LLC (RE's-4887&4888)\RE-4887&4888 Improvements Agreement -Owl Investments LLC-Final(6-10-09).doc 7.1 The value of all collateral submitted to Weld County to guarantee completion of the improvements listed in Exhibits "A," must be equivalent to One -Hundred percent (100%) of the value of the improvements as shown in this Agreement. 7.2 Collateral must be submitted upon the approval of this Agreement by the Board of County Commissioners. 7.3 Collateral may be in the form of an irrevocable letter of credit (LOC) in an amount equivalent to (100%) of the total value of the improvements set forth in the Improvements Agreement; the LOC shall be subject to the requirements of Weld County Code Section 2-3-30 B. 7.4 Collateral may be in the form of a deed of trust upon the Property, provided that the following are submitted: 7.4.1 An appraisal is required of the Property by a disinterested Member of the American Institute of Real Estate Appraisers (M.A.I.) indicating that the value of the property encumbered in its current degree of RE is sufficient to cover One -Hundred Percent (100%) of the cost of the improvements as set forth in this Agreement, plus all costs of sale of the Property. 7.4.2 A title insurance policy insuring that the Trust Deed creates a valid encumbrance which is senior to all other liens and encumbrances. d � a O CD CC Mo O � V Y mod C G U U alC lag m cc au �^in 0 lar02 N ENO ^• o �o CC COOD 7.5 Collateral may be in the form of a surety bond given by a corporate surety authorized to do business in the State of Colorado in an amount equivalent to one hundred percent (100%) of the value of the improvements set forth in the Improvements Agreement. The surety bond shall conform to and be subject to the requirements of Weld County Code Section 2-3-30 B.4. 7.6 Collateral may be in the form of a cash deposit made with the Board in an amount equivalent to one hundred percent (100%) of the value of the improvements set forth in the Improvements Agreement. 7.7 Collateral may be in the form of an escrow agreement where the cash in escrow is in an amount equivalent to one hundred percent (100%) of the value of the improvements set forth in the Improvements Agreement. The escrow agreement shall conform to and be subject to the requirements of Weld County Code Section 2-3-30 B.3. 8.0 Request for Release of Collateral: Collateral shall be released in accordance with the provisions of Weld County Code Section 2-3-30.C. Prior to release of collateral for the entire project or for a portion of the project by Weld County, the Property Owner must present a Statement of Substantial Compliance from an Engineer registered in the State of Colorado that the project or a portion of the project has been completed in substantial compliance with approved plans and specifications documenting the following: M:\AGREEMENTS\Road-Improv\2009\Owl Investmen5s LLC (RE's-4887&4888)\RE-4887&4888 Improvements Agreement -Owl Investments LLC-Final(6-10-09).doc a — o a, CC oot% V Y CU = o o so N 9 • 2 j CC d o 1-o 0 rn — o -N0 ono co CC S �fr.t vim CO N. CO O =corn 8.1 The Engineer or his representative has made regular on -site inspections during the course of construction and the construction plans utilized are the same as those accepted by Weld County. 8.2 For the improvements to public rights -of -way or easements, test results must be submitted for all phases of this project as per Colorado Department of Transportation (CDOT) Schedule for minimum materials sampling, testing and inspections found in CDOT Materials Manual. 8.3 "As -built" plans shall be submitted at the time the letter requesting release of collateral is submitted. The Engineer shall certify that the project "as -built" is in substantial compliance with the plans and specifications as approved, or that any material deviations have received prior written acceptance from the County Engineer. 8.4 The Statements of Substantial Compliance must be accompanied, if appropriate, by a letter of acceptance of maintenance and responsibility by the appropriate utility company, special district or town for any utilities. 8.5 Following the submittal of the Statement of Substantial Compliance and written recommendation of acceptance of the improvements by the County, the Property Owner may request release of the collateral for the project or portion of the project by the Board. This action will be taken at a regularly scheduled public meeting of the Board. 8.6 For improvements to public rights -of -way or easements, the request for release of collateral shall be accompanied by "Warranty Collateral" in the amount of fifteen percent (15%) of the value of the improvements as shown in this Agreement excluding improvements fully accepted for maintenance by the responsible governmental entity, special district or utility company. The warranty collateral shall be released to the Property Owner following the expiration of the warranty period upon final written acceptance by the Board of County. 9.0. Successors and Assigns: This Agreement may not be delegated or assigned in whole or in part by either party hereto without the express written consent of the other party and the written Agreement of the party to whom the obligations under this Agreement are assigned. Consent to a delegation or an assignment will not be unreasonably withheld. Notwithstanding any other provisions of this Agreement or of this paragraph, County may delegate or assign its rights and obligations under this Agreement without the consent of Property Owner (or its assigns, delegates or successors in interest) to another governmental entity which by annexation or agreement has assumed jurisdiction over the roads affected by this Agreement. This Agreement shall be binding upon the heirs, executors, personal representatives, successors and assigns of the Property Owner, and upon recording by the County, shall be deemed a covenant running with the land herein described. 10.0. County Engineer: All references in this Agreement to "County Engineer" shall refer to the any individual or individuals appointed by the County Engineer to act on his/her behalf. M:\AGREEMENTS\Road-Improv\2009\Ow1 Investmengs LLC (RE's-4887&4888)\RE-4887&4888 Improvements Agreement -Owl Investments LLC-Final(6-10-09).doc 11.0 Property Owner: All references in this Agreement to "Property Owner" shall refer to any individual or individuals acting as Applicant signing this agreement. I 11111111111111111IIII 111111 111111 11111 III 111111 III lilt 3637847 07/22/20(19 11:57A Weld County, CO 10 of 15 R 0.00 D 0.00 Steve Moreno Clerk & Recorder M:\AGREEMENTS\Road-Improv\2009\Ow1 Investment's LLC (RE's-4887&4888)\RE-4887&4888 Improvements Agreement -Owl Investments LLC-Final(6-10-09).doc IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day and year first above written. PROPERTY OWNER: PROPERTY OWNER: Subscribed and sworn to before me this 15thday of June, , 2009 ATTEST: Weld County Clerk to t BY Deputy Clerk to the : oard 7 APPROVED AS TO FORM: County Attorney BOARD OF COUNTY COMMISSIONERS WELD COUNTY, CO9 ADO I 11111 1111 011 111111 1111 1111 III 1111111/1 III 3637847 07/22/2009 11:57A Weld County, CO 11 of 15 R 0.00 D 0.00 Steve Moreno Clerk & Recorder William F. Garcia, Chair JUN 1 5 2009 M:\AGREEMENTS\Road-Improv\2009\Ow1 Investments LLC (RE's-4889&4888)\RE-4887&4888 Improvements Agreement -Owl Investments LLC-Final(6-10-09).doc .s?cc9 -7,3vy EXHIBIT A - Cost Sheet (ON -SITE) bdmg/Lase #: Name of Subdivision, PUD, USR, RE, SPR: "Owl Investments LLC" RE -4887/4888 Personnel Contact: Name- Kelley Hammel Title: Manager Location: WCR's 45 & 86 Phone: (970) 532-5433 Intending to be legally bound, the undersigned Appheant hereby agrees to provide throughout this facility the Mowing improvements. Improvements (Leave spaces blank where they do not apply) (ON -SITE) Quantity Units Unit Costs ($1 Estimated Construction Cost m Site Grading Street Grading $750.00 Street Base/Class 6 Aggregate Base 55,934.00 Street Paving Curbs, Gutters, and Culverts Sidewalk Stormwater/Drainage Facilities Retention/Detention Ponds Road Culvert/ Entrance-15"X30'(Min.)-CMP $314.00 Grass Lined Swale Ditch Improvements Subsurface Drainage Sanitary Sewers/Sewage Facilities Sanitary Sewer Forced Main Erosion Control Measures/BMP's Laterals (house or building connected) Water Supply and Storage Water Mains (includes bore) Fire Hydrants Survey, Street Monuments/Boxes Parking Arca Street Lighting Street Names Signage & Pavement Marking $150.00 Fencing Requirements Landscaping Park Improvements Telephone Gas IIII HIII FIII 11:57A Weld D 0.00 Steve IIIII III 111111 Mill County, CO Moreno Clerk & Recorder Electric I RINI 11111 Water Transfer 3637847 07/22/2009 12 of 15 R 0.00 Handicap Accessibility SUB -TOTAL: $7,145.00 (Testing, inspection, as -built plans and work in addition to preliminary and Engineering and Supervision Costs ($) final plat; supervision of actual construction by contractors) TOTAL ESTIMATED COST OF IMPROVEMENTS AND SUPERVISION ($) $7,148.00' 1111111 11111 111111 1111 111111 111111 11111 III 111111 111 1111 3637847 07/22/2009 11:57A Weld County, CO 13 of 15 R 0.00 D 0.00 Steve Moreno Clerk & Recorder EXHIBIT A - Cost Sheet (ON -SITE) - Signature Page The above improvements shall be constructed in accordance with all County requirements and specifications, and conformance with this provision shall be determined solely by Weld County, or its duly authorized agent. Said improvements shall be completed according to the construction schedule set out in Exhibit B .9 / e y C Applicant 4-O .-/ Title By: Applicant Title Date 6//r , 20 C f Date , 20 (If corporation, to be signed by President and attested to by Secretary, together with corporate seal.) M:\AGREEMENTS\Road-Improv\2009\Owl Investments LLC (RE-4887)\Exh A on -site (Type In).xls EXHIBIT B - Time Schedule (ON -SITE) & (OFF-SIT E p) q.y p ,r p Name of Subdivision, PUD, USR, RE, SPR: OWt XA ele5t Pi ctrl' 1-1-4- Filing/Case p pRC-i93//yv'Cocation: wG R w 3 576 Intending to be legally bound, the undersigned Applicant hereby agrees to provide throughout this facility the following improvements. All improvements shall be completed within 10 years from the date of approval of the final plat. Construction of the umprovements listed in Exhibit A shall be completed as follows: Improvements (Leave spaces blank where they do not apply ) Time Schedule fONSITEI (OFF -,SITE) Site Grading Street Grading pit OC I -0b , cl m acs. T I Street Base y ppJ it eirt Street Paving Curbs, Gutters, and Culverts Sidewalk Stormwater/Drainage Facilities Retention / Detention Ponds Road Culvert if; c- le ,bvad,.,y re-m,t Grass Lined Swale Ditch Improvements Subsurface Drainage Sanitary Sewers/Sewage Facilities Sanitary Sewer Forced Main Erosion Control Measures/BMP's Laterals (house or building connected) Water Supply and Storage Water Mains (includes bore) Fire Hydrants 1 111111 11111 11111 IIII 111111 111111 11111III 111111 111 'III 11:57A Weld County, CO 00 Steve Moreno Clerk & Recorder Survey, Street Monuments/Boxes 3637847 07/22/2009 Parking Area 14 of 15 R 0.00 D 0 Street Lighting Street Names Signage & Pavement Marking Fencing Requirements Landscaping Park Improvements Telephone Gas Electric Water Transfer Final Completion Dale for Entire Project P,^I•'—}Fj ry5vl-nC<r of -In �G'.,./ding cern,C 1111111 IIIII IIIIII IIII IIIIII IIIIII IIIII III IIIIII III IHI 3637847 07/22/2009 11:57A Weld County, CO 15 of 15 R 0.00 D 0.00 Steve Moreno Clerk & Recorded EXHIBIT B - Time Schedule- Signature Page The County, at its option, and upon the request of the Applicant, may grant an extension of time for completion for any particular improvements shown above, upon a showing by the Applicant that the above schedule cannot be met. By: 6,4Tv, vey/ e'_ i/ L 'Applicant Title By: Applicant Title Date `-'°`1"� / 20 0 `% Date , 20 (If corporation, to be signed by President and attested to by Secretary, together with corporate seal.) M:WGREEMENTS\Exhibits\Exh B Time Schedule.xls The ASIF Company 4501 Boardwalk Dr, Suite M126 Fort Collins, CO 80525 IRREVOCABLE LETTER OF CREDIT NO. 10862 June 4, 2009 Weld County Board of County Commissioners Attn: Clerk to the Board P.O. Box 758, Greeley, CO 80632 RE: Irrevocable Letter of Credit for Owl Investments LLC To Whom It May Concern: We hereby open our Irrevocable Letter of Credit in your favor for the account of Owl Investments, LLC at 4660 Getaway Dr, Berthoud, CO 80513 for a sum not to exceed the aggregate of Seven Thousand One Hundred Forty Eight Dollars and no/100 ($7,148.00) Each draft so drawn must be marked "Drawn under ASIF Company, 4501 Boardwalk Dr, Suite M126, Fort Collins, CO 80525, Letter of Credit No. 10682" and be accompanied by a signed statement from the Board of County Commissioners of Weld County, Colorado stating that "Owl Investments LLC has committed a material breach of the Improvements Agreement According to Policy Regarding Collateral for Improvements by and between Owl Investments LLC and the Board of County Commissioners of the County of Weld." This credit is subject, so far as applicable to "The Uniform Customs and Practice for Documentary Credits, 1993 Revision, The International Chamber of Commerce Publication No. 500." We hereby agree with you that all drafts drawn under an in compliance with the terms of this credit will be duly honored and presented for payment to our main office, ASIF COMPANY, 4501 Boardwalk Dr, Suite M126, Fort Collins, CO 80525, This letter of credit will expire on 5/31/2014 at 5:00 P.M. This letter of credit is automatically extended without amendment for additional one year periods from the current expiration or any future expiration date unless 60 days prior to such current expiration date the ASIF Company notifies beneficiary in writing that the letter of credit will not be renewed. In the case you receive such a notification, you may draw by presentation of the following: (a) a draft at sight on the ASIF COMPANY; (b) a statement purportedly signed by an official of the Board of County Commissioners of Weld County, Colorado stating that we have received notice from the ASIF COMPANY the Letter of Credit No. 10682 will not be renewed and that Owl Investments LLC has failed to provide proof of adequate collateral and substitution of this Letter of Credit No. 10682; (c) copy of letter from the ASIF COMPANY stating non - renewal of Letter of Credit No. 10682 and the original letter of credit Yours truly, amuel K. Hammel, President =bank. Date: 6/04/09 To Whom It May Concern: The ASIF Company is currently holding over $187,000 in deposits in multiple accounts with US bank. Last year the ASIF Company carried an average balance of $168,189 in those same accounts. Any further questions feel free to contact the branch directly at (970)207-0799 Jeff Cook Branch Manager 301 E Horsetooth Rd Fort Collins Co 80525 O 0 N O a C T L Co m CO UJ G a E O M Z 0 c0 Ur - U N Q N dlItb SCHWAB Account Value ($) Over Last 12 Months [in Thousands] Year to Date This Period Change in Account Value O n o n 0 In 0 n (N o n c‘i N M O O V O O N c2 r IA ea co 0 N 0 0 0 O co) vat coOco cv V O O 64 co a. co 0 0 O N r (O O O N O co r gm 0 OJ g O O O N r 0 f� r N N r N n C cn N ER —' 00 64 n N- co I- r.- N C N 69 ur N To co Go -oCO N 06 O E o > L u,u) nO C' a)- ---0 a) N C� u' > r r:1/43 0 s 3 C _M U E c° w a M U L O y 0 0 a H d"= a) u) m a) C C a :1(7) >CmmOW OTo 'n>c (0112 C;JO) 9 O y c z c a r E 'N 3 oa N E m 0 (� . E c C N> C) aa, C o C C f9 m A E E -) cn In U, 0 O C Cn 0 of Account Assets Market Value C O O Asset Corn 0 O C) N 0 O J 0 C G7 a) a) To CC O b tD O O N �6 n! TT;tr a) ‘,4 N C m o, 0 0 o O O d ro O � C C7 t 9 m v N N U E co N v v t ° m c - m In J Q i CO O) CO In 0 LD CD CO C7 .4 CD "Zr 'Cr CO(C N 0 0 CD O O n v0CDC �N N -O ER a a) a) wan a)c Z co N 07 a) o C J M LL N O Y Y N C CC Q CO a C a) a) 0'5 C C r 4% MMFs [Sweep) m m 3 O Z 0 N 76% Other Assets •❑ ❑ O 0 r $ 100,724.15 Ct > C 0 U v R 0 co 0 N a) a l9 a m a L 0 0 F 0 cn a) m Co Co C S a) a) d E O C TG E E E E m m m D N N m o ) O U U 2 ti E 0 N E.) E 9 in N d > — D O Vi U O E `o � D O C a a, — o n o i o m m 0 c L � OO C c 6 C E m E o c c o U N v -Co C E 'O a CO C O DC v j 8 0 A o 7 m C O cC D v C C D o c D ow CO N Jon w N O N U L N a k S rnber SIPC. (0004-4063.2002-240) Si P25264R1-01 lURe. COLORADO DEPARTMENT OF PLANNING SERVICES RECORDED EXEMPTION ADMINISTRATIVE REVIEW Applicant: Owl Investments LLC [ RE -4887 I Planner: C. Gathman Legal Description: Lot B of 2n° AMRE-3697; Part of Section 35, T8N, R65W of the 6th P.M., Weld County, CO. Parcel ID #: 0551 35 300002 Lot A Size: +/- 2.5 acres Lot B Size: +/- 2.5 acres Lot C Size: +/- 2.5 acres Lot D Size: +/- 120 acres Water Source: Proposed Individual Wells Sewer System: Proposed Individual Septic Systems Yes No X X X X Criteria Checklist 1. Conforms with Chapter 22 of the Weld County Code and any adopted municipal plan. 2. Compatible with the existing surrounding land uses. 3. Consistent with the intent of the zone district. 4. Consistent with efficient and orderly development. 5 Complies with Recorded Exemption standards in Section 24-8-40 of the Weld County Code. 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. 2. The applicant has proposed a well as the source of adequate water for Lots A, B, C and D. Property owners are advised that the quantity of water available for usage may be limited to specific uses, i.e., "Domestic Use Only," etc. Because each situation is unique, the Department of Planning Services encourages property owners to contact the Office of the State Engineer, Division of Water Resources (1313 Sherman Street, Room 818, Denver, Colorado 80203. Phone 303-866-3581), to discuss each individual situation. 3. Topographic or physical features of the proposed Lots A, B and C, such as ravines, ditches, streams etc. may limit the area available for a new or replacement septic system. Prior to recording the plat the Weld County Department of Public Health and Environment recommends that the applicant review the Weld County Code pertaining to septic systems to assure that any installed septic system will comply with all setback requirements found in the Code. In the event the proposed lot is not of sufficient size to allow the installation of a septic system the lot may need to be enlarged. 4. The West Greeley Soil Conservation District has provided information regarding the soils on the site. The applicant shall review the information and use it to positively manage on site soils. 5. Prior to recording the plat: A. The plat shall be titled: Recorded Exemption No. 0551-35-3 RE -4887 The applicant shall submit a proposed building envelope(s) for Lot D to the Department of Planning Services for review. Upon approval by the Department of Planning Services, the building envelope shall be delineated on the plat. Additional building envelopes shall be labeled alternative building envelope. All building envelopes shall take into consideration impacts to productive farm ground as well as the location of incompatible uses, flood plain, ditches, wetlands, geological hazards, accesses, preferable locations, oil/gas easements and oil/gas structures which must meet setbacks as required by Section 23-6-10 of the Weld County Code. C. Lots A, B and C and D shall share an access, no circle drives or additional accesses shall be granted. The access road shall be graded and drained to provide all weather access. Accesses shall be placed in such a location as to have adequate sight distance in both directions, shall not be placed below the crest of a hill or where physical obstructions are present and shall be a minimum distance of 75 feet from any intersecting County or State roadway. The applicant shall do one (1) of the following: A minimum 60 -foot wide access and utility easement from County Road 45 along with a cul- de-sac with a minimum 65 -foot radius shall be indicated on the plat. The access and utility easement shall be referenced on the plat by the Weld County Clerk and Recorders reception number. OR. Lot C of RE -4692 shall be amended (via a corrected plat) or Lot A of AMRE-3697 shall be amended on the 2nd AMRE-3697 plat to allow for a 60 -foot flagpole connection to County Road 45, A 60 foot wide joint access and utility easement along with a cul-de-sac with a minimum 65 -foot radius extending across Lot D from County Road 45, for the benefit of Lots A, B and C of RE -4887 and Lot B of AMRE-3968 along with future subdivisions of Lot B, shall be shown clearly on the plat. The joint easement shall be dedicated for the use as shown using the language set forth in the Weld County Code, Appendix 24-F.2. The easement shall be graded and drained to provide all weather access. D. All approved accesses shall be clearly shown on the plat. The applicant shall contact the Weld County Department of Public Works to determine if a culvert is necessary at any approved road access point. If a drainage culvert is required, a 15 inch Corrugated Metal Pipe (CMP) is Weld County's minimum size. If the applicant chooses to place a larger culvert please contact the Weld County Department of Public Works to adequately size the culvert. E. County Road 45 is designated on the Weld County Road Classification Plan as a local gravel road, which requires 60 feet of right-of-way at full build out. The applicant shall verify the existing right-of-way and the documents creating the right-of-way. All setbacks shall be measured from the edge of right-of-way. If the right-of-way cannot be verified, it shall be dedicated. This road is maintained by Weld County. F. County Road 88 is designated on the Weld County Road Classification Plan as a local gravel road, which requires 60 feet of right-of-way at full build out. The applicant shall verify the existing right-of-way and the documents creating the right-of-way. All setbacks shall be measured from the edge of right-of-way. If the right-of-way cannot be verified, it shall be dedicated. This road is maintained by Weld County G. The applicant shall address the requirements (concerns) of the Weld County Department of Public Works, as stated in the referral response dated February 4, 2009. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. H. The applicant shall submit a Private Improvements Agreement according to policy regarding collateral for improvements and post adequate collateral for access improvements. The applicant shall submit to the Department of Planning Services an itemized landscaping bid for review. The agreement and form of collateral shall be reviewed by County Staff and accepted by the Board of County Commissioners prior to recording the recorded exemption plat. Or the applicant may submit evidence that all the work has been completed and approved by the Department of Public Works. The applicant shall address the requirements of Weld County School District RE -9. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services: J. The 2"d AMRE-3697 and 2nd AMRE-3698 plats shall be submitted for recording prior to, or at the same time, as the RE -4887 plat. K. Lots A, B and C shall comply with the two and one-half (2 1/2) acre net minimum lot size required by Section 24-8-40.L of the Weld County Code. Net acreage calculations should not include reserved road right-of-way. L. Lot D shall comply with the one -hundred twenty (120) acre net minimum lot size required by Section 24-8-20.C.2 of the Weld County Code. Net acreage calculations should not include reserved road right-of-way. M. 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. N. The following notes shall be placed on the plat: 1) All proposed or existing structures will or do meet the minimum setback and offset requirements for the zone district in which the property is located. Pursuant to the definition of setback in the Weld County Code, the required setback is measured from the future right-of-way line. No building or structure as defined and limited to those occupancies listed as Groups A, B, E, F,H, I, M and R in Section 302.1 of the 2003 International Building Code, shall be constructed within a 200 -foot radius of any tank battery or within a 150 -foot radius of any wellhead. Any construction within a 200 -foot radius of any tank battery or 150 -foot radius of any wellhead shall require a variance from the terms of the Section 23-3-10 of the Weld County Code. 2) Any future structures or uses on site must obtain the appropriate zoning and building permits. 3) Lot A, Lot B and Lot C are not eligible for a future land exemption in accordance with Section 24-8-20.C.3 of the Weld County Code. 4) WARNING: Part of LOT D MAY NOT BE BUILDABLE DUE TO FLOODPLAIN OR FLOODWAY DESIGNATION. Please be advised that owners of Lot D 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 O480 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 and 60. 5) 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. 6) All structures requiring building permits shall be located within the designated building envelope. 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 Lots A, B, C and D have 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 Ault Fire Protection District to the Weld County Building Department. 1O) Potential purchasers should be aware that Lots A, B and C may not be eligible for a domestic well permit which allows for outside irrigation and/or the watering of stock animals. The State Division of Water Resources issues all well permits. 11) Potential purchasers should be aware that groundwater may not meet all drinking water standards as defined by the Colorado Department of Public Health and Environment. The Weld County Department of Public Health and Environment strongly encourages well users to test their drinking water prior to consumption and periodically there after. 12) Potential purchasers should be aware that approval of this Recorded Exemption does not guarantee that well permits will be issued for the lots. Any lot may be deemed non -buildable if the lot owner is unable to obtain a well permit. The State Division of Water Resources issues all well permits. 13) 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. 14) Recorded Exemptions on adjacent properties may raise the issue of compliance with the intent of the Recorded Exemption Process. Approval of this Recorded Exemption does not guarantee approval of future applications on adjacent properties. 15) 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 29-3-20.6.13 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. 16) 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) 17) 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) 18) WELD COUNTY'S RIGHT TO FARM: Weld County is one of the most productive agricultural counties in the United States, typically ranking in the top ten counties in the country in total market value of agricultural products sold. The rural areas of Weld County may 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. 6. The applicant shall submit two (2) paper copies of the plat for preliminary approval to the Weld County Department of Planning Services. Upon approval of the paper copies the applicant shall submit a Mylar plat along with all other documentation required as conditions of approval. The Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder by Department of Planning Services Staff. The plat shall be prepared in accordance with the requirements of Section 24-8-60 of the Weld County Code. The Mylar plat and additional requirements shall be submitted within sixty (60) days from the date the Administrative Review was signed. The applicant shall be responsible for paying the recording fee. 7. 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. 8. 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 maps(a,co.weld.co.us. -Lit' -S -7 Plat Checklist POC Planner Item Comments Check Check Proper size and material 24" x 36" or 18" x 24" / Minimum 3 millimeter polyester sheet 1----- / Lettering No stick -on lettering / Minimum 8 pt. lettering /, Boundaries of Lots v Scale LAS`S P i Suitable Scale? (1"=200' or 1"=100')" S?G�J`o„<� P c, Scs6s �. Accesses indicated Shared Access? If so, is easement Certificate included? Roads labeled, including R.O.W l' LCD O aC1 3J� �% ^ „� Building Envelope(s) - .<-7----i [/ Vicinity Map ,_ -,how cccrec.'C Suitable Scale? (Minimum I" = 2000') \U can'4iar a North Arrow i./-- Legal Description Notes from Planner/ Development Standards 1_, ------ Conditions of Approval . T ii p U „""-' ' U 3'›—e_o_'`°"rLA"`� rizo dA- 0.%`S / c/ Owner's Certificate Notarial Certificate included? All owners must sign the plat, check the deed. v Surveyor's Certificate and Surveyor's Stamp MI surveyed plats Note: USR plats do not need to be surveyed Director of Planning Certificate Notarial Certificate included? (RE, SE, SPR, Final PUB if Staff Approved) Planning Commission Certificate (USR, COZ, Minor Sub. Final) A c id iN Board Certificate (USR, COZ„ Minor Sub Final) (Final PUD, RE, SE & ZPMH if Board approved) ) (J 1 R Typical Road Cross Section (COZ, Final Minor Sub. and Final PUD) Easements piss' iv 1( C62 -SS z t�1 Ir t¢ A0 ,%t " 1 „1 r / accts s WT - C3(O Please return the plat to the CAD Technician within 24 hours of receiving the plat. Planner on Call: Initials) Planner Signature: Date: a 17 9 WELD COUNTY, COLORADO DEPARTMENT OF PLANNING SERVICES 918 10TH STREET GREELEY, CO 80631 PHONE: 970-353-6100, EXT. 3540 / FAX: 970-304-6498 Date: r Received From: 1 . I 20 O4 Receipt N9d;t 4' f Permit Type No. Description Fee 4221-RE/SE 4221-ZPMH 4221-USR :4221 -SITE PLAN REVIEW 4221 -CHANGE OF ZONE D 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 i j -lc: '- L y ,�,-,,,-s -k' , t,.. w,�.r'z't-•<-, - '" , - J ("--" -1-- OCASH C]{CHECK NQ{ Receipted By T { TOTAL FEE DL# �' I' Exp. VveldCounty Scri OfstrIct Re- PO Bov63 210W First Street Ault Colorado;80610, FORM 46808 t a a 03 n0 vz mm a< WELD SCH DIST RE,9 PAGE 02 06/11/2009 02:01 970-8347'1347 LiSS%t - WSS-1 ScXt©t SD. r;,CL tut r -h i a.th 0`f c, r\L.c_er,‘AqA .ax-Lnr\ p ui LLC 4'12- c��-- ufv1/4. Nkui _ ) craft'n`r3. DEPARTMENT OF PLANNING SERVICES NORTH OFFICE 918 10TH Street GREELEY, CO 80631 PHONE: (970) 353-6100, Ext. 3540 FAX: (970) 304-6498 January 21, 2009 Owl Investments LLC Samuel Hammel, Manager 4660 Getaway Dr Berthoud CO 80513 Subject: RE -4887 - A Recorded Exemption located on a parcel of land described as Lot B of 2nd AmRE- 3697; Part of Section 35, T8N, R65W 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 the 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. If you have any questions concerning this matter, please call me. Sincerely, Chris Gathman Planner LJ MIDCOLODO APPLICANT: Owl Investments LLC CASE#: RE -4887 REQUEST: Four -Lot Recorded Exemption. LEGAL: Lot B of AMRE-3697; Part of Section 35-8-65 LOCATION: South of and adjacent to CR 88 and west of and adjacent to CR 45 PARCEL ID #: 0551 35 300002 ACRES: +/- 127.5 acres B Application Received 1/13/09 Application Completed 1/14/09 Referrals listed 1/19/09 CG Vicinity map prepared File assembled yy.nA i 1914061K ,ln -K - Case logged in computer eTh Letter to applicant mailed 7. Referrals mailed . Field check by DPS staff Administrative Review decision: LIf Zj /1001 B ovalu vl VVvl lLy vv I'lll liccw, ivt v , '.UI 11 ,y ‘u .q.Yu.,......,, County Commissioners Hearing Date Surrounding property owners notified Presentation prepared CC action: CC resolution received Plat recorded and filed Overlay Districts Zoning Agricultural MUD Yes No X IGA Yes No X_ Airport Yes No X_ Geologic Yes No X_ Flood Hazard Yes No X_ Panel #080266 Datej By ,me: -‘47. REFERRAL LIST county _Attorney XHealth Department Extension Office Emergency Mgt Office - Ed Herring Sheriffs Office ,Public Works _Housing Authority _Airport Authority _Building Inspection ZCCode Compliance _S.-BethAN-Ann _ Kim Ogle (Landscape Plans) _Lin (Addressing Change of Zone) _Ambulance Services State _Div. of Water Resources _Geological Survey _Department of Health Department of Transportation Historical Society _Water Conservation Board Oil & Gas Conservation Commission Division of Wildlife _South Hwy 66 (Loveland) North Hwy 66 (Greeley) _Division of Minerals/Geology Soil Conservation Districts _Big Thompson/ FTC _Boulder Valley/Longmont _Brighton/SE Weld Centennial XGreeley/West Greeley Platte Valley West Adams _ _Little Thompson Federal Government Agencies _US Army Corps of Engrs _USDA -APHIS Vet Service _Federal Aviation Admin (Structures over 200 ft or w/in 20000 ft of Pub Airport Federal Communications Comm Towns & Cities _Ault Berthoud _Brighton Dacono Eaton Erie Evans Firestone _Fort Lupton Frederick _ Garden City Gilcrest _Greeley Grover Hudson Johnstown Keenesburg _Kersey LaSalle Lochbuie _Longmont Mead Milliken New Raymer _Northglenn Nunn Pierce Platteville Severance Thornton Windsor Counties Adams Boulder Broomfield Larimer Other School District RE - _Central Colo. Water Conservancy Dist RR _Ditch Company, Art Elmquist (MUD Area) Commissioner Fire Districts Ault F-1 Berthoud F-2 ^Briggsdale F-24 _Brighton F-3 Eaton F-4 _Fort Lupton F-5 Galeton F-6 Hudson F-7 Johnstown F-8 LaSalle F-9 _Mountain View F-10 Milliken F-11 Nunn F-12 Pawnee F-22 Platteville F-13 _Platte Valley F-14 _Poudre Valley F-15 _Raymer F-2 _Southeast Weld F-16 Union Colony F-20 Wiggins F-18 Windsor/Severance F-17 Legal Parcel ID # Zone Acres? USDA Airport Geo Haz FP? Panel # IGA? ORD # MUD? REFERRAL LIST Name: Owl Investments LLC Count Attorney x Health Department Extension Office Emergency Mgt Office - Ed Herring Sheriffs Office x Public Works Housing Authority _Airport Authority Building Inspection x Code Compliance Ann Kim Ogle (Landscape Plans) _Lin (Addressing Change of Zone) Ambulance Services State Div. of Water Resources Geological Survey Department of Health _Department of Transportation _Historical Society _Water Conservation Board Oil & Gas Conservation Commission _Mead Milliken New Raymer Northglenn Nunn Pierce Platteville Severance Thornton Windsor Division of Wildlife South Hwy 66 (Loveland) x North Hwy 66 (Greeley) Division of Minerals/Geology Soil Conservation Districts _Big Thompson/ FTC _Boulder Valley/Longmont _Brighton/SE Weld Centennial x Greeley/West Greeley _Platte Valley West Adams Little Thompson Federal Government Agencies _US Army Corps of Engrs USDA -APHIS Vet Service Federal Aviation Admin (Structures over 200 ft or w/in 20000 ft of Pub Airport Federal Communications Comm Towns & Cities Ault Berthoud Brighton Dacono Eaton Erie Evans Firestone _Fort Lupton Frederick Garden City Gilcrest Greeley Grover Hudson Johnstown Keenesburg Kersey LaSalle Lochbuie Longmont Counties Adams Boulder Broomfield Larimer Case #: RE -4887 Fire Districts x Ault F-1 Berthoud F-2 _Briggsdale F-24 Brighton F-3 Eaton F-4 Fort Lupton F-5 Frederick Galeton F-6 Hudson F-7 Johnstown F-8 LaSalle F-9 Mountain View F-10 Milliken F-11 Nunn F-12 Pawnee F-22 Platteville F-13 Platte Valley F-14 Poudre Valley F-15 _Raymer F-2 Southeast Weld F-16 Union Colony F-20 Wiggins F-18 Windsor/Severance F-17 Other School District RE- _ _Central Cob. Water Cons RR _Ditch Company Art Elmquist (MUD Area) Commissioner RECORDED EXEMPTION (RE) APPLICATION FOR PLANNING DEPARTMENT USE DATE RECEIVED: RECEIPT/AMOUNT # 1$ CASE # ASSIGNED. APPLICATION RECEIVED BY PLANNER ASSIGNED. Parcel Number 0 5 S J- 3 ✓ - 3 - O V- o Li . (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 Lot 5 J Am.Qrtded R&-307ection.3s Township gNorth, Range West Has the property been divided from or had divided from it any other property since August 30, 1972? Yes X No Is this parcel of land, under consideration, the total contiguous land owned by the applicant? Yes No ,/ FEE OWNER(S) OF THE PROPERTY: � rRGT /V,*m C j Name: OIL) �nVC,5 fr �enS 1- ( K Work Phone #9�0-3 a Sy33 Home Phone # Email Address k' alley. h c�rrrrie / c�sr Fe_.c�rtp,-n1 Address: yk‘ D e tarty City/State/Zip Code /1P ,- © ) C $'c' ,- /_,3 APPLICANT OR AUTHORIZED AGENT (See Below: Authorization must accompany all applications signed by Authorized Agent) • Name: Work Phone # Home Phone # Email Address. Address: City/State/Zip Code if l' If the property is vacant or unimproved write proposed water source ana proposed sewer sy 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 ofCountyCommissioners. 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, notarizecYeviu ;y:.e included showing the signatory has to legal authority to sign for the corporation, si tuf'e:`Owner or Authorized Agent Date Signature: Owner or Authorized Agent Date 4: - 5 f' mf740'�(D m0-n0ter Lot A Smaller Parcel Lot B Lot C Lot D Water Source fropo k) II PfePa5erf knell fPropose,'cell /'ropo5ec/ GLef/ Type of Sewer Proposed Use 6S Re.5 R es A9 Acreage --r-o�.•J`~ e0 -c -,,Z5 // ---We._ t a,57;1-.‘ D /go c. Existing Dwellings? If Yes, list address below: l ,351 Mill5 If Yes, list address below: 2/ 2, 35' If Yes, list address below: y? 3„,2_ cizti If Yes, list address below: g,3‘ 4 40-6 {4( 9. 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 April 19, 2009 Chris Gathman Planner Ill RECORDED EXEMPTION (RE) QUESTIONNAIRE Owl Investments LLC 4660 Getaway Dr Berthoud, CO 80513 Tel: 970-532-5433 Contact Name: Samuel "Kelley" Hammel Parcel No. of Subject Property: 0551-35-3-00-002 Legal: Amended Lot 'B' of RE -3697, Portion of Section 35-8-65, Weld County, Colorado Water Supply: Lots A, B and C will receive domestic water from proposed wells to be permitted and drilled at the time of construction. Lot D will continue to be farmed as Ag land, but any future domestic water needs will be from a proposed well to be permitted and drilled at the time of construction. Irrigation: Irrigation water will remain with Lot D. Sewage Disposal: At the time of construction is approved, Lots A, B, C and D will install an engineered septic system, constructed and permitted according to Weld County ISDS requirements Current Uses of Property: The site use is currently a combination of an irrigated farm and unproductive dry land. There are no buildings or other structural improvements. New Lots: Lots A, B, and C are clustered on the west edge of the property in un-irrigated unproductive dry land in order to preserve irrigated agricultural use of the remaining property and to utilize an existing approved access to CR45. The remaining 120 acres in Lot D will remain Agricultural land. Unique Physical Features: There are no unique physical features on the site. Building Envelopes: No building envelopes are requested.. Use By Special Review: No Special Review permits are attached to the property. 7. Registered agent street address: ARTORG_LLC Document processing fee If document is filed on paper If document is filed electronically Fees & forms/cover sheets are subject to change. To file electronically, access instructions 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. $125.00 $ 50.00 Colorado Secretary of State Date and Time: 02/29/2008 02:43 PM Id Number: 20081120203 Document number: 20081120203 ABOVE SPACE FOR OFFICE USE ONLY Articles of Organization filed pursuant to §7-90-301, et seq. and §7-80-204 of the Colorado Revised Statutes (C.R.S) 1. Entity name: 2. Use of Restricted Words (if any of these terms are contained in an entity name, true name of an entity, trade name or trademark stated in this document, mark the applicable box): 3. Principal office street address: 4. Principal office mailing address (if different from above): 5. Registered agent name (if an individual): Owl Investments LLC (The name of a limited liability company must contain the term or abbreviation "limited liability company", "ltd. liability company", "limited liability co. ", "ltd. liability co.", "limited", "llc ", "the.", or "ltd. "§7-90-601, CR.S) ❑ "bank" or "trust" or any derivative thereof D "credit union" ❑ "savings and loan" ❑ "insurance", "casualty", "mutual", or "surety". 4660 Getaway Dr (Street name and number) Berthoud CO 80513 (City) (Province — if applicable) United States (Country —ifnot US) (Postal/Zip Code) (Street name and number or Post Office Box information) (City) (Province — if applicable) (State) (Postal/Zip Code) (Country — ((not US) (Last) (First) (Middle) (Suffix) OR (if a business organization): Pier LLC 6. The person identified above as registered agent has consented to being so appointed. 4660 Getaway Dr (Street name and number) Berthoud CO 80513 (City) (State) (Postal/Zip Code) Page 1 of3 Rev. 01/01/2008 8. Registered agent mailing address (if different from above): (Street name and number or Post Office Box information) (City') (State) (Postal/Zip Code) (Province — if applicable) (Country — if not US) 9. Name(s) and mailing address(es) of person(s) forming the limited liability company: (if an individual) Hammel OR (if a business organization) (Last) Samuel (First) (Middle) (Suffix) 4660 Getaway Dr (Street name and number or Post Office Box information) Berthoud CO 80513 (City) (if an individual) _ Un ISeed States (Postal/Zip Code) (Province— if applicable) (Country — if not US) (Last) (First) (Middle) (Suffix) OR (if a business organization) (if an individual) (Street name and number or Post Office Box information) (City) U (Set J States (Postal/Zip Cade) (Province —ifapplicable) (Country —if not US) (Last) (First) (Middle) (Subtly) OR (if a business organization) (Street name and number or Past Office Box information) (City) U (SteQ States (Postal/Zip Code) (Province — if applicable) (Country — if not US) (If more than three persons are forming the limited liability company, mark this box ❑ and include an attachment stating the true names and mailing addresses of all additional persons forming the limited liability company) 10. The management of the limited liability company is vested in managers E OR is vested in the members ❑ 11. There is at least one member of the limited liability company. ARTORG_LLC Page 2 of 3 Rev. 01/01/2008 12. (Optional) Delayed effective date: (mm/dd/yyyy) 13. Additional information may be included pursuant to other organic statutes such as title 12, C.R.S. If applicable, mark this box ❑ and include an attachment stating the additional information. 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. 14. Name(s) and address(es) of the individual(s) causing the document to be delivered for filing: Hammel Samuel K (Last) 4660 Getaway Dr (First) (Middle) (Suffix) (Street name and number or Post Office Box information) Berthoud CO 80513 (City) UrilletQ States (Postal/Zip Code) (Province — if applicable) (Country —if not US) (The document need not state the true name and address of more than one individual. However, if you wish to state the name and address of any additional individuals causing the document to be delivered far filing, mark this box ❑ and include an attachment stating the name and address of such individuals.) Disclaimer: This form, and any related instructions, are not intended to provide legal, business or tax advice, and are offered as a public service without representation or warranty. While this fossil 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. Questions should be addressed to the user's attorney. ARTGRG_LLC Page 3 of3 Rev. 01/01/2008 PROPOSED RECORDED EXEMPTION Section 35, T8N R65W Parcel No. of Subject Property: 0551-35-3-00-002 Owl Investments LLC — 4660 Getaway Dr — Berthoud, CO 80513 I. J NP z Nof Par -6 f Ex;s Acces3 Access NP I.o+ D 7jao /9erci NP LOT f1 �,cPrc Lod B .9. .5'. core a,s 13, - r —n RP NP NP ti IIpL')5 Ex,,T•^.) • 'Weld County Treasurer Statement of Taxes Due Account Number R5223508 Parcel 055135300002 Assessed To OWL INVESTMENTS LLC PO BOX 659 BERTHOUD, CO 80513 Legal Description PT S2/NE4 35-8-65 LOT B AMD REC EXEMPT AMDRE-3697 Situs Address Year 2008 Charges Tax Billed $870.39 Payments $870.39 Balance $0.00 Grand Total Due as of 06/11/2009 $0.00 Tax Billed at 2008 Rates for Tax Area 0919 - 0919 Authority Mill Levy 16.804000* 26.510000 1.000000 WELD COUNTY SCHOOL DIST RE9 NORTHERN COLORADO WATER (NC AULT FIRE AIMS JUNIOR COL HIGH PLAINS LIBRARY WEST GREELEY CONSERVATION Taxes Billed 2008 * Credit Levy 6.769000 6.323000 3.260000 0.414000 Amount $239.44 $377.77 $14.25 $96.47 $90.10 $46.46 $5.90 61.080000 $870.39 Values Actual Assessed AG -SPRINKLER $49,120 $14,240 IRRIGATED LAND AG -WASTE LAND $9 $10 Total $49,129 $14,250 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 Prusuant to the Weld County Subdivision Ordinance, the attached Statement(s) of Taxes Due, issued by the Weld County Treasurer, are evidence of the current status as of this date of all property taxes, special assessments and prior tax liens attached to this (these) account(s). Current year's taxes are durrbut not delinquent. Signed: C Date: —Weld County Treasurer Statement of Taxes Due Account Number R5223708 Assessed To Parcel 055135400004 OWL INVESTMENTS LLC PO BOX 659 BERTHOUD, CO 80513 Legal Description PT S2 35-8-65 LOT B AMD REC EXEMPT AMDRE-3698 (2D) Situs Address Year 2008 Charges Tax Billed $894.82 Payments $894.82 Balance $0.00 Grand Total Due as of 06/11/2009 $0.00 Tax Billed at 2008 Rates for Tax Area 0919 - 0919 Authority WELD COUNTY SCHOOL DIST RE9 NORTHERN COLORADO WATER (NC AULT FIRE AIMS JUNIOR COL HIGH PLAINS LIBRARY WEST GREELEY CONSERVATION Taxes Billed 2008 * Credit Levy Mill Levy 16.804000* 26.510000 1.000000 6.769000 6.323000 3.260000 0.414000 Amount $246.17 $388.37 $14.65 $99.17 $92.63 $47.76 $6.07 61.080000 $894.82 Values AG -SPRINKLER IRRIGATED LAND AG -WASTE LAND Actual Assessed $50,471 $14,640 $16 $10 Total $50,487 $14,650 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 Prusuant to the Weld County Subdivision Ordinance, the attached Statement(s) of Taxes Due, issued by the Weld County Treasurer, are evidence of the current status as of this date of all property taxes, special assessments and prior tax liens attached to this (these) account(s). Current year's taxes are due but not delinquent. Signed: _ Date: 1' //,1q Weld County Treasurer Account= R5223508 Apr Dist Street. No Business Name <__ I —> i u uancei s I K Owne / me/Address OWL INVESTMENTS_ N PO BOX 659 BERTHOUD CO 80513 Owner Location, -'.. Name j Tax Items Situs .- I Pre/Suc 'L] Mobile n Remarks Li T• ract I Tax (S)ale L Condo L Spc Asmt Block M(i)nes U S• ales Misc (M) • Si(b)ling Flags ❑ Exemption Sketch Mail (F) I I Tax (C)hL❑__Mtg Track) Protes(T) M(o)bile Aut1 P(e)rmit Value -II State Asd J Control , Recor(d)ing .❑ History ]T PPCert(L)tr 35-08-65 (Mill Levy 63:441000 ❑ AFIC Seq No# Version 20080409000 TYPE L .;?,: Legal Description PT S2/NE4 35-8-65 LOT B AMD REC EXEMPT AMDRE-3697 V. Date 09 -APR -0008 ACTUAL Time 03:52 PM D Appl. JSW RWAM ASSD ACRES! AGRICULTURAL I. 49,129 14,2501 127.500 New Version 20080409001 SQ FT 5,553,900 Imaging W ::TOTAL (V)alue Sum Tax Bill J (R)eceipting 49,129 Queries NAME 14,250 127.500' 5,553,900 1L] Current Year Prior VersionQ Tax Trx Prior (Y)ear Ne(x)t Version Abatement (N)ext Year Characteristics Property Card Update Clear Exit -ham,- for 0Q6D5 coe_ aoJL $7O.37 �(k d,916(1,0A-i- /,5 I I —> I Li Cancel STR Owner I?'The/Address Account' R5223708 Year 2008 Apr Dist District 0919 Paf eI Number 055135400004 Street No Name Situs ,E Mobile ';❑ Tract Condo L; Block F❑� Sales Misc (M) I Flags Exemptioi Mail (F) : H Tax (C)hi .I ! Mtq Track) Dir N ACTUAL OWL INVESTMENTS tic/ PO BOX 659 BERTHOUD CO 80513 Street Name Tax Items I_ Protes(T) P• re/Suc [i M(o bile Autt _ ] Remarks Value 1 T• ax (S)ale 7 State Asd . Asmt H Control I _ M• (i)nes I ! History ` I Si(b)ling PPCert(L)tr (V)alue Sum Tyepep Acct Type Agricultural P(e)rmit Recor(d)inc Imaging W Sketch Tax Bill J (R)eceipting 358-6I1 y4 ❑ AFIC medal Ces�nls Version 20080409000 TYPE 'AGRICULTURAL L 50,487, PT S2 35-8-65 LOT B AMD REC EXEMPT AMDRE-3698 (2D) V. Date. ASSD 14,650 Time 09 -APR -0008 03:52 PM Appl New Version RWAM 20080409001 ACRES SQ FT 125.500 5,466,780 TOTAL 50,487! - 14,6501 125.500' Queries Current Year Prior (Y)ear (N)ext Year Update Prior VersionQ Ne(x)t Version Characteristics Clear 5,466,780; I❑; Tax Trx Abatement Property Card � 2Qrol an -k die I g 12_ haftv)u Account R5224108 N ❑ Cancel STR Owner Nar^/Address OWL INVESTMENTS LLCM 2 PO BOX 659 BERTHOUD CO 80513 t. Ill Name ❑ Tax Items ❑ Protes(T) I❑ Situs ❑ Pre/Suc ❑ M(o)bile Autlin P(e)rmit Mobile ❑ Remarks Value N x ❑ Tract /❑ _Tax (S)ale H State Asd ❑ Condo 'AD Spc Asmt ❑ Control 9❑ Block 1 ❑ M(i)nes ❑ Histo Sales ❑ Si(La)ling ❑ PPCert(L)tr ,y ❑ Misc (M)in Flags ❑ Exemptio Mail (F) tH Tax (C)h(20 Mtg Trac(k)_,E (V)alue Sum Recor(d)in gvY e4pge00 TYPE AGRICULTURAL L 41140 ❑ AFIC 'Cr PT N2/SW4 35-8-65 LOT D REC EXEMPT RE -4692 TOTAL Sketch NAME Tax Bill J (R)eceipting Queries 45,748 Fw •: •• ASSD ACRES 13,280 127.670 13,280 Current Year Prior (Y)ear (N)ext Year Lpdate 127.670 Prior VersionQ Ne(x)t Version Characteristics Clear 5,561,306 Tax Trx Abatement Property Card 93* bakcv .)'°g dt i f I.14� H Cancel STR Owner Nap""Pddress OWL INVESTMENTS LLCHJ PO BOX 659 BERTHOUD CO 80513 <__ Account R5224508 B -1❑ Name i=sH_.. Tax Items LJPrtes(T) ❑ situs -1❑ Pre/Suc ❑ M(o)bile Auth P(e)rmit Mobile ❑ Remarks ❑ Value I❑ Tract ❑ Tax (S)ale ❑ State Asd q❑ Condo H Spc Asmt ❑ Control tiE Block ;❑ M i)nes ❑ Histo Sales ❑ Si b ling e❑ PpCert(L)tr J❑ ,Mist (M) 0 Flags J❑ Exemptioi'❑ ❑ Sketch `�❑ Mail (F) r Tax (C)h ` ❑. Mktg Track)::. (V)alue Sum Tax Bill J (R)eceipting Recor(d)ing= ❑ Imaging W M,ITOTAL PT N2 35-8-65 LOT D REC EXEMPT RE -4693 TYPE AGRICULTURAL I. NAME Queries tl90ot,,., SQ FT 5,562,177 1o( .erg Cut 66-4 -7-3�.az OPERATING AGREEMENT OF OWL INVESTMENTS, LLC A Colorado Limited Liability Company OPERATING AGREEMENT OF OWL INVESTMENTS, LLC TABLE OF CONTENTS PAGE I FORMATION OF COMPANY 1 1.01 Name and Principal Place of Business 1 1.02 Term of Company 1 1.03 Purpose of Company 1 1.04 Designated and Registered Offices; Records 1 II FINANCING OF THE COMPANY 2 2.01 Capital 2 2.02 Loans to Company 2 2.03 Reimbursement 2 2.04 Waiver of Liability for Return of Certain Distributions 3 III MANAGEMENT OF THE COMPANY 3 3.01 Designation of Managers 3 3.02 Limited Powers of the Managers 3 3.03 Conveyances and Contracts 3 3.04 Distributions to Member 3 IV COMPANY ACCOUNTING, BOOKS AND RECORDS 4 4.01 General Provisions 4 4.02 Income Tax Information 4 V INVOLUNTARY ASSIGNMENTS OR TRANSFERS 4 VI DEATH, DISSOLUTION, INCAPACITY 4 VII DISTRIBUTIONS UPON TERMINATION OF THE COMPANY 5 VIII GENERAL PROVISIONS 5 8.01 Captions 5 8.02 Binding Effect 5 8.03 Applicable Law 6 SCHEDULE A 7 OPERATING AGREEMENT OF OWL INVESTMENTS LLC THIS OPERATING AGREEMENT (the "Agreement") is made and adopted this 29th day of February, 2008, by Samuel K. Hammel as the Manager (the "Manager") and Samuel K. Hammel as the sole Member (the "Member") of Owl Investments LLC (the "Company"). This Agreement serves as the Company's operating agreement under the limited liability company laws of the State of Colorado ("the Act"). I FORMATION OF COMPANY 1.01 Name and Principal Place of Business. The name of the Company is Owl Investments LLC, and its principal place of business shall be at 4660 Getaway Dr. — Berthoud, CO 80513, or such other place or places as the Manager may determine from time to time. 1.02 Term of Company. The Company shall commence operations as of the date of this Agreement and shall dissolve upon December 31, 2099; or upon such earlier events as set forth in the Articles of Organization. 1.03 Purpose of Company. The purpose of the Company shall be to engage in any lawful investment or business for which a limited liability company may be formed in the State of Colorado. 1.04 Registered Office and Agent; Records. The Manager shall designate and maintain a "Registered Office" and a "Registered Agent" for service of process on the Company, which agent must be an individual resident of the State of Colorado or a corporation or a foreign corporation authorized to do business in Colorado The Manager shall keep (or cause to be kept) the following records at the principal place of business: (a) a current list in alphabetical order of the full name and last known business, residence or mailing address of each Manager and each Member; Owl Investments LLC Operating Agreement - Page 2 (b) a copy of the stamped Articles of Organization and all certificates of amendment thereto, together with signed copies of all powers of attorney pursuant to which the Articles of Organization or any amendment has been signed; (c) a copy of this Operating Agreement plus all amendments thereto; (d) a copy of the Company's federal, state, and local income tax returns and reports, if any, for the three most recent years; (e) copies of any financial statements of the Company for the three most recent years; (f) a copy of the minutes, if any, of each meeting of the Members and of any written consents obtained from the Members; and (g) any other records required under State law. II FINANCING OF THE COMPANY 2.01 Capital. The initial Capital of the Company shall consist of cash and property contributed to the Company. The assets which shall be transferred to the Company include, without limitation, those assets described on Schedule A, which is attached and incorporated herein. 2.02 Loans to Company. The Manager shall not be required to make loans to the Company for any purpose. If the Manager deems it necessary or helpful to the conduct of the Company's business, the Manager may loan funds to the Company but only with the prior written consent of the Member. All such loans unless otherwise specifically stated shall be payable on demand and shall bear interest at the rate of 12% per annum compounded monthly, and shall be repaid prior to any distribution to the Member. 2.03 Reimbursement. The Company must reimburse the Manager and all agents and employees of the Company for payments made and liabilities reasonably incurred by each of them in the ordinary and proper conduct of the Company's business, or for the preservation of its business or property. However, all obligations to reimburse under this Agreement shall apply only to the extent that the expenses, costs, fees and liabilities in question exceed the applicable insurance carried by the Company. Owl Investments LLC Operating Agreement - Page 3 2.04 Waiver of Liability for Return of Certain Distributions. The Member hereby permanently and unanimously waives and eliminates, to the maximum extent permitted by law, any liability of any Member for the return of money or property to the Company which the Member rightfully received as a Distribution of part or all of the Member's Capital Account. III MANAGEMENT OF THE COMPANY 3.01 Designation of Managers. The management of the Company shall be vested in one Manager. Each Manager shall hold that office until (a) his or her resignation, incapacity, removal or death; or (b) upon the dissolution of the Company -- whichever occurs first. The Member shall appoint, remove, and replace the Manager from time to time (with or without cause) by filing an amendment to the Company's Articles of Organization.. 3.02 Limited Powers of the Manager. The Manager shall determine all matters and shall have the responsibility and authority to direct and manage the day-to-day affairs of the Company. The Manager may also appoint such other officers with duties and compensation as the Manager deems appropriate from time to time. 3.03 Conveyances and Contracts. Each contract of the Company or any deed, bill of sale, mortgage, lease, contract of sale or other commitment of the Company purporting to bind the Company in any way or purporting to convey or encumber the interest of the Company in all or in any portion of any real or personal property at any time held in its name, must be signed by the Manager on behalf of the Company. 3.04 Distributions to Member. From time to time, the Manager shall make such distributions of profits and assets to the Member as the Manager may determine in the exercise of his or her reasonable discretion. Owl Investments LLC Operating Agreement - Page 4 tt- IV COMPANY ACCOUNTING, BOOKS AND RECORDS 4.01 General Provisions. The fiscal year of the Company shall be the calendar year. The Company's books and records shall be maintained in accordance with generally accepted accounting practices consistently applied and upon the cash receipts and disbursements method of accounting. 4.02 Income Tax Information. The Company shall provide to the Member information on the Company's profits and losses and each class of income, gain, loss, deduction, or credit that is relevant to the Company's affairs. Pursuant to Treasury Regulation §301.7701-3(a), the Manager elects -- solely for purposes of federal taxation -- to have the Company disregarded as a separate entity which would otherwise be required to file a separate tax return. The Company will or will not secure a separate taxpayer identification number at the discretion of the Manager; and, all items of income and loss attributable to the Company will be reported upon such forms and schedules as the Manager may select or develop. V INVOLUNTARY ASSIGNMENTS OR TRANSFERS Only bona -fide purchasers of the Member's interest in the Company may qualify as authorized recipients of said interest and thus act as a Member in the Company. No unauthorized recipient or assignee shall have any right to interfere or participate in the management or administration of the Company's business or affairs, to require any information regarding or on account of the Company's transactions, or to inspect the Company's books. VI DEATH, DISSOLUTION, INCAPACITY Upon the death, incapacity, or dissolution of the Member, the Company shall not dissolve or terminate -- unless the Member's successors in interest elect to discontinue the business of the Company within ninety (90) days following such death, etc. Upon the affirmative decision to Owl Investments LLC Operating Agreement - Page .5 (Th discontinue, the Company will dissolve and wind up its affairs; the assets of the Company will be distributed pursuant to Article VII of this operating agreement. VII DISTRIBUTIONS UPON TERMINATION OF THE COMPANY Upon the termination of the Company, the Manager (or, a special liquidator appointed by the Manager) shall (a) cause the assets of the Company to be liquidated and distributed in an orderly and business -like manner so as not to involve undue sacrifice; and (b) establish such reserves as maybe appropriate for any contingent or unforeseen liabilities of the Company. If, following a sale of Company assets, the only asset held by the Company is a promissory note or notes or other contractual rights to receive payment for the assets sold, then in the absolute discretion of the Manager or the liquidator, the Company may either continue in existence for the purpose of collecting the notes, or dissolve and terminate and assign the note or notes to the Member who shall collect the note personally. In liquidating the Company, the Manager or liquidator may either sell all or part of the Company's assets and distribute the proceeds or may make distributions completely or partially in kind. The distribution of assets of the Company shall be made in the following order: First, to the creditors of the Company, in the order and priority provided by law; and then to the Member or his, her or its successor in interest. VIII GENERAL PROVISIONS 8.01 Captions. Any titles or captions to the articles or sections contained in this instrument are for convenience only and shall not be deemed part of the context of this Agreement. 8.02 Binding Effect. Except as otherwise herein provided, this Agreement shall be binding upon and inure to the benefit of the parties hereto, their heirs, executors, administrators, successors and all persons hereafter having or holding an interest in this Company, whether as assignees or otherwise. Owl Investments LLC Operating Agreement - Page 6 8.03 Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado. Unless expressly or by necessary implication contravened by any provision of the Act, the provisions of this Agreement shall control the affairs of the Company and the rights and duties of the Manager and the Member. IN WITNESS WHEREOF, the Manager and the Member have executed and delivered this document effective as of the day and year first set forth above. MANAGER: >zi Owl Investments LLC Operating Agreement - Page 7 Road File #: RE#: 1. Applicant Name w / -2—ri✓e.5ne /213 Address y 6 6 0 Gera- w ay � ..J2" L+ City 2. Address or Location of Access Section 3 S Township g Weld County Road #: idc-ig `15 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 Date: Other Case #: C Phone 7 70 - i-3a - 5-`/33 7L - o vQ1._ State_ Zip . C9 C-N� Lo Range 5- Subdivision Block Lot Side of Road Distance from nearest intersection 5-60/ 3. Is there an existing access to the property? Yes No # of Accesses 4. Proposed Use: ( Permanent ( Residential/Agricultural ( Industrial ( Temporary ( Subdivision ( Commercial ( Other ****************************************************************************************************************************** 5. Site Sketch Legend for Access Description: AG = Agricultural RES = Residential O&G = Oil & Gas D.R. = Ditch Road ❑ = House O = Shed A = Proposed Access + = Existing Access .k �}ctcs 5 E/1-.5 nze� /Jo New Prcccs.s 1uy kJ)0 5 US9ye OF 2)1.5 ,"l, Pro po$e d R cc e sS OFFICE USE ONLY: Pro Pobe OV3e En, s-i-,Ny 145/g Rcce51 kA) c R 8 8 Lo TO LorO Road ADT Date Accidents Date Road ADT Date Accidents Date Drainage Requirement Culvert Size Length Special Conditions ("l Installation Authorized El Information Insufficient Reviewed By: Title: ( Feb 29 08 10:07p 180j' -?085587 p.1. 6j WHEN RECORDED, MAIL TO: Scott L. Soelberg P.C. 837 E. I200 S - Orem UT 84097 Orem UT 84097 uniu 111111111 III umm iu 1111111 ii 11111 1m 3538656 02/29/2008 04:52P Weld County, CO 1 of 1 R 6.00 l) 0.00 Steve Moreno Clerk & Recorder SPECIAL WARRANTY DEED WDrake LLC, a Colorado Limited Liability Company, ("grantor"), does hereby GRANT, BARGAIN, SELL AND CONVEY AND WARRANT only against all parties claiming by, through or under them to Owl Investments LLC, a Colorado Limited Liability Company, ("grantee"), with the address of P.O. Box 659, Berthoud, Colorado 80513, for the sum of $10.00 and other valuable consideration, an undivided 100% interest in the following described property located in Weld County, State of Colorado: Lot D of Recorded Exemption No, 0551-35-2 RE -4692 recorded December 6, 2007 at Reception No. 3522044, being a portion of Section 35, Township 8 North, Ranee 65 West of the 6th P.M., County of Weld, State of Colorado; and Lot D of Recorded Exemption No. 0551-35-2 RE -4693 recorded December 6, 2007 at Reception No. 3522045, being a portion of Section 35, Township 8 North, Range 65 West of the 6th P.M., County of Weld, State of Colorado; and Lot B of Amended Recorded Exemption No. 0551-35-3 AmRE-3697 recorded December 6, 2007 at Reception No. 3522042, being a portion of Section 35, Township 8 North, Range 65 West of the 6th P.M., County of Weld, State of Colorado; and Lot B of Amended Recorded Exemption No. 0551-35-4 AmRE-3698 recorded December 6, 2007 at Reception No. 3522043, being a portion of Section 35, Township 8 North, Range 65 West of the 6th P.M., County of Weld, State of Colorado; (being approx 510 acres, more or less of vacant land, no street address assigned) TOGETHER WITH that certain easement conveyed to Grantor by Warranty Deed recorded 5/29/2007, under Reception No. 3478799 of the Weld County, Colorado records in which Wake LLLP is the Grantor, which easement is over and across that portion of the westerly edge of Section 36, Township 8 North, Range 65 West of the 6'h P.M., lying west of the fence; and TOGETHER WITH all rights, title, and interest of Grantor in and to all water and water rights, wells and well rights, ditches and ditch rights, reservoirs and reservoir rights, irrigation systems and irrigation systems rights belonging or in any way appertaining to the above -described property, including, but not limited to, one -forth (1/4) share of the capital stock of The Water Supply and Storage Company, six (6) shares of the capital stock of The Lone Tree Lateral Company, and five and one-half (5 %z) shares of the capital stock of The Collins Ditch Company, and including those certain four (4) irrigation wells and associated rights and benefits decreed by the Water Court, Water Division I, in Case Nos. W-1484, W-5648, 01-CW-035, and 05-CW-149, together with all rights and benefits associated with Well Permit Nos. 59068-F, 59069-F, 59070-F, 27171-F, and 254632. Subject to any and all existing restrictions, exceptions, reservations, easements, rights -of -way, conditions, and covenants, and expressly subject to all municipal, city, county, and state zoning laws and other ordinances, regulations, and restrictions, including statutes and other laws of municipal, county, or other governmental authorities applicable to and enforceable against the premises herein described. Also subject to general property taxes for 2008 and thereafter. WITNES� the hands o d grantor, this ��day of /'e hrJc-(' 2008. PI —A 9 amuerK. Hammel as manager Date ATE OF COLORADO ) COUNTY OF LARIMER ) My Commission Expires 02/24/_20+09 On the a day of br' t,I..,-y , 2008, personally appeared before me WDrake LLC - Samuel K. Hammel, Manager, the signer of the foregoing instrument, who duly acknowledged to me that he executed the same. -.7.--. ss. WITNESS my hand and official seal. My commission expires: c/ca 10 KAREN ANN R CE I NOTARY PUBLIC STATE OF COLORADO Notary Public CERTIFICATE OF CONVEYANCES STATE OF COLORADO COUTY OF WELD WELD COUNTY DEPARTMENT OF PLANNING SERVICES The Security Title Guaranty Co. TITLE INSURANCE or ABSTRACT COMPANY hereby certifiesthat it has made a careful search of its records, and fmds the following conveyances affecting the real estate described herein since August 30, 1972, and the most recent deed recorded prior to August 30, 1972. LEGAL DESCRIPTION: Lot B, of Amended Recorded Exemption No. 0551-35-3-AmRE-3697, recorded December 6, 2007 at Reception No. 3522042, being a portion of Section 35, Township 8 North, Range 65 West of the 6th P.M., County of Weld, State of Colorado. Lot B, of Amended Recorded Exemption No. 0551-35-4-AmRE-3698 recorded December 6, 2007 at Reception No. 3522043, being a portion of Section 35, Township 8 North, Range 65 West of the 6`h P.M., County of Weld, State of Colorado. Lot D of Recorded Exemption No. 0551 -35 -2 -RE -4693 recorded December 6, 2007 at Reception No. 3522045, being a portion of Section 35, Township 8 North, Range 65 West of the 6th P.M., County of Weld, State of Colorado. Lot D of Recorded Exemption No. 0551 -35 -2 -RE -4692 recorded December 6, 2007 at Reception No. 3522044, being a portion of Section 35, Township 8 North, Range 65 West of the 6th P.M., County of Weld, State of Colorado. CONVEYANCES if none appear, so state) Reception No. 1326886 Reception No. 1587894 Reception No. 1603544 Reception No. 1612915 Reception No. 1875865 Reception No. 1953263 Reception No. 2039168 Reception No, 2039174 Reception No. 2115856 Reception No. 2252632 Reception No, 2254250 Reception No. 2530901 Reception No. 2811393 Reception No. 2811398 Reception No. 3062150 Reception No. 3478799 Reception No.3538656 , Book 1554 Page 630 , Book 666 , Book 682 , Book 691 , Book 954 , Book 1018 , Book 1099 , Book 1099 , Book 1171 , Book 1301 , Book 1302 , Book 1589 The certificate is made for the use and benefit of the Department of Planning Services of Weld County, Colorado. This certificate is not to be constructed as an Abstract of Title nor an opinion of Title, nor a guarantee of Title and the liability of Security Title Guaranty Company, hereby limited to the fee paid for this Certificate. In Witness whereof, Security Title Guaranty Company, has caused this certificate to be signed by its proper officer this 6`h day of January , 2009 , at 8:00am. Security,.Title-Guaranty Company Cy Auiit ed Signature Joel�F Ford 18433 1/1 00 CD u.: t —r E C? LO LO t1 �ie. if a_ r aaa -awe sxnsar 1 iar mu.—az oa....na;z _ uxndy , . tA \ R 04— ••aabuuuraa • P i �a ; 5 s5 A Iil E e gtd-r .. ^ t w5 1. S;; s d Sig r 4A rate t 9 E . §.^,k.,,: r,_ .,,,j ;S COUNTY ROAD 47 lira cl� r '- 2 ^ r; �,- S(dS 0Erna!LINE WMI lira ' a ^ _ SGA R `4`.�:6FY Y. Mrewurwenw r /$ — —sod°9•»113 . — — — 1 r - z 1 n o 4 � i $¢l4� ° sfi e,h I I �! ill i • s° 11 a � 3 a 1iiIlAil tt 1 S 7I1'li{rf t aEiE F a HIIa' t4l r .621 S t a14 ti a,6" a4 :. ; II 0 s It'll i` .II ,1 p iv .1 1!I and f 'I, q �Eat • --1--,_ L :rorN Iii•II tw...5 ;® i1 !ali 3 €I °:1X }iY 91.2 E the4:41 OE 3I2 1 ill, .-344444 1 -- '--- 41 IViia ' 14,, ,Etjtaa y ifiq i; 1 $„ , , t F" j •t i3. l __ .l ii --- i ti•• i1 I it ti4 R g if s li itt 11 ! � �� 411 a 9141it l{f13i I Ii fi it 3 [s ,p II Iii g }h! ix / ' 5 iat9v , 1 q ii il l!li 1 t af f=li' i3 Ail I o 5114 f i !lit !➢L ii • • i4: -1,p aE l''' g41.afC I 1 q a`i, 1 lfi '1;"l e aE L} rt d. d" It EFi=s �I!Irld4 l.. td. i1 iii; -L y it, a 1,1-- .1i E �e ti fe €e }a !$ f y tt 2` ej tE tie =•'i t gtio " 1, 4'3 `I' 'i:; F . } +F•Eai Z i I Ito 31i�1e 1111:11; ;; "I:11 ilt I: !'5 i�=,a• A t1Ad¢jjf aj£it tlfli3 isj1 44 r4 Bill Itit 'A €5 i d- -. fy% =xtail S Y t.�(I. k= R lis 6i 44 a Ili"?' . • t" 114 I 1 to €€I tl i Eel II& si'd d } 14.- a (•'ta }? j 'ai tl r 3a!it ill! d 1`! = l =,tir il l 41,IIn iir I dt'i ■�; d t g3. } tea t t = II )(�3 dlie ' :Ilk! 4k, ! i�i { k! :; :t !lit 3.Eta gr t o 't 9 I .di - ql i.r 41 t ;:.. P s c . . ♦ l II : g It IIII """"";1:11:411:1.,"11.4"34'04,,:,I IIII 18435 1/1 ( ". C�) co CC N LC) M O O. CU X L -U (1 O (U 1c 1 tSt $ tj CIOTIP tan': M.Bc.ffa0$ AO Mt IOW 'Mil l a e COUNTY ROAD 45 al 01 S 111 141 l 2a; 14 •$! 0.0. -Oz OC.KYYONZ a • - ,„ ' k .srmJouu,. REs..IR•• a Pe NOM vrof _ ft -wkly y�e3F 14 U 11 ,� k � '°°wfue.01 J xll a¢. ae.e v'M me. re"/I., J fi; Wi�Dc COLORADO 'eld County Planning Department 1J GREELEY OFFICE FEB 17 711119 RECEIVED, County Referral January 21, 2009 The Weld County Department of Planning Services has received the following item for review: Applicant Owl Investments LLC Case Number RE -4888 Please Reply By February 21, 2009 Planner Chris Gathman Project Four -Lot Recorded Exemption Legal Lot B of 2n° AmRE-3698; Part of Section 35, T8N, R65W of the 6th P.M., Weld County, Colorado. Location North of and adjacent to CR 86 and 1/4 mile west of CR 45. For a more precise location, see legal. Parcel Number 0551 35 300004 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 Agency l Date +Weld County Planning Dept. ❖918 lath Street Greeley, CO. 80631 4•(970) 353-6100 ext.3540 +(970)304-6498 fax Produced by the West Greeley Conservation District z 4 N O 0 0 - 3 O ill -n n =- Case Number: RE -4887 Applicant: Owl Investments LLC Planner: Chris Gathman Below is a list of the soils and their limitations according to the USDA, Weld County Soil Survey. Map Shallow Dwellings Dwellings with Small Septic Tank Prime Farm S mbol Soil Name Soil Texture Commercial Absorption Land (if Additional y Excavations without basements Comments ` basements Buildings Fields irrigated) 4 Ascalon Fine Sandy Loam Severe Slight Slight Slight Yes 9 Aver Fine Sandy Loam Slight. Severe Severe Severe Severe No 29 Haverson Loam Severe Severe. Severe Severe Yes ie applicant does an on site soils test prior to any construction. For a more complete soils our office at (970) 356-8097. If you or the applicant have any questions please feel free CD N 0i) CD CD (12 O � . O< 0 W SD CA CO CD CO SO Q 3 0 C) Weld County Planning Department GREELEY OFFICE iatrn COLORADO The Weld County Department of Planning Services has received the following item for review: FEB X15 7fi41P RECEIVE Weld County Referra January 21, 2009 Applicant Please Reply By February 21, 2009 Planner Project Four -Lot Recorded Exemption Legal Owl Investments LLC Case Number Location RE -4887 Chris Gathman Lot B of 2nd AmRE-3697; Part of Section 35, T8N, R65W of the 6th P.M., Weld County, Colorado. South of and adjacent to CR 88 and west of and adjacent to CR 45. For a more precise location, see legal. Parcel Number 0551 35 300002 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 ""2 have reviewed the request and find no conflicts with our interests. U See attached letter. ❑ Please notify me of any public hearings regarding this request lnmments. Signature Agency +Weld County Planning Dept. ❖918 10th Street Greeley, CO. 80631 ❖(970) 353-6100 ext.3540 ❖(970)304-6498 fax WIiDc COLORADO Weld County Referral January 21, 2009 The Weld County Department of Planning Services has received the following item for review: Applicant Please Reply By Project Legal Location Parcel Number Owl Investments LLC Case Number February 21, 2009 Planner Four -Lot Recorded Exemption RE -4887 Chris Gathman Lot B of 2nd AmRE-3697; Part of Section 35, T8N, R65W of the 6th P.M., Weld County, Colorado. South of and adjacent to CR 88 and west of and adjacent to CR 45. For a more precise location, see legal. 0551 35 300002 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. ❑U W� 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 -tn'c'a)1z [6/1€702C -Y C 'Q d e ILO , s7,y /'/at 2 4• --se, /74 /. Signature Agency /-22-Oy Date +Weld County Planning Dept. ❖918 10th Street Greeley, CO. 80631 ❖(970) 353-6100 ext.3540 +(970)304-6498 fax At WilC. COLORADO Weld County Planning Department GREELEY OFFICE F Efl 19 21109 RECEIVED Memorandum TO: Chris Gathman, W.C. Planning DATE: February 18, 2009 FROM: Lauren Light, W.C. Department of Public Health and Environment CASE NO.: RE -4887, Owl Investments LLC Environmental Health Services has reviewed this proposal to exempt 3 lots off of a 127.5 acre parcel. Lots A, B and C will be 2.5 acres and Lot D will be 120 acres in size. There are no residences located on any of the proposed lots. The proposed lots will be served by individual wells and by individual sewage disposal systems when homes are constructed. The following conditions are recommended to be part of any approval: 1. A Weld County Septic Permit is required for the proposed home septic systems 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. The installation of any septic system within the 100 -year flood plain shall comply with the Weld County I.S.D.S. flood plain regulations. In accordance with the Colorado I.S.D.S. Regulations, no septic systems shall be installed within the floodway. Additionally, please note the following: 1. This application is proposing wells 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. 2. 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 be need to be enlarged. C� Chris Gathman From: Sent: To: Subject: Loren, Chris Gathman Tuesday, June 09, 2009 4:24 PM 'Loren Shanks' RE: AMRE-4698 I reviewed the plats and just had a couple of minor items: AMRE-3698 & RE 4888 plats: * Show the 60 -foot right of way for County Road 86(30 -feet on either side of the section line) along the section line so it is consistent with the what you show for County Road 45 and County Road 88. The reference to the 30 -foot joint access and utility easement accessing off of County Road 86 for AMRE-3698, AMRE-3697 and RE -2002 should include the reception # - according to my research - this easement was called out for all of these lots on the AMRE-3698 plat recorded 12/6/2007 under reception # 3522043. I have no other changes to the plats (including no changes to the AMRE-3697 & RE -4887 plats). I donot need to see another digital version. Let me know if you have any questions. Sincerely, Chris Gathman Planner III (970)353-6100 ext. 3537 Original Message From: Loren Shanks [mailto:LShanks@drexelbarrell.com] Sent: Monday, June OB, 2009 4:32 PM To: Chris Gathman Cc: Kelley Hammel Subject: Chris, For your review and approval. Please let us know if we can go to Mylars. Thanks! logo Drexel, Barrel' & Co. Engineers • Surveyors Loren K. Shanks, P.L.S. I Recorded nt .... .. .. .n'rl•.ek 'l'r^554 •cr lTlnrt \11 APR 1,;6t1 ;yam Rceardor. }Cm»v .1)1 Men 1)y These 1yi'c .'nls, The, ::e, RICHARD W. KEIRNES and LOUISE H. KEIRNES dl t$xl'l�'p e" .'•.caly of Weld .cud Stale of Colorado. r...Ih,•..,....1.•.nli,nl„iTEN DOLLARS and other valuable consideration ----yd:..:". in bond paid, lu•rcl,y ,ell and coon•y to ROBERT P. NELSON of ,h,• mostly of Weld , nn,) Stole of Colnrudn, Ow folhnrinr rrol prnprrly, •ilunlr in HIP CnuIUy of Weld au.l Sloo•„f I'oloradu, to -wilt The South half (Si) of the South half (Sb) of Section Thirty-['ivn (35), in Township eight (8),North, of tango Sixty-five (65) West of the 6th P. ?1., together with all ditch and water rights appertaining thoreto, including ortft rind one half (1i) shares of the capital stock of the 'dste' S':7713 ter_ Ste -3.4t C'^.m. .:3; trot, asei =ft 'oases mike) shares of the capital stock of The Lone Tree Lateral Company; and two (2) shaven of the capital (stook of Tho Collins Ditch Company; and allottment of 120 Acre Feet of water to said landr by the Northern Colorado Water Conservancy District under instrument recorded in Book 104, Page 118, Weld County records, and also together with all wells and equipment used for the irrigation of said land; Subject to Mortgage recorded in Book 154{, at Page 376, Weld County records, which Grantee assumes. Also subject to ronorvation contained in United States Patent recorded in Book No. 8, Page 27, and Deed renordod in Book 233, at Page 145, Weld County records; and also subject to existing rights of way for highways and ditches, and to any lien arising by reason of the inclusion of said premises in the Northern Colorado Water Conservancy District, the Ault Fire Protection District, and the West Greeley Soil Conservation District, 1.. '7> out, all it• a:.,,urt,•r.:oin.,, and wn: roll the lisle lu llu•.,mr•, rwl rl-nr . ,...:..I alrl d, lie. „••I r ;.. 31st ,h.y of In !h.• lnr..•nre of Sr.n r : uF CC1i.t+R A1t0, Boulder a'' rnn�: ,.r ,O 4170;f: no. .........lno in•trn.nren ,a, nrknowl.d,nd hrtorc ow Ihl. 31st'"aY:L;'•0jl'tarch 60.'.,' RICHARD W. KEIRNES and LOUISE H. KE RNF ilAis EN u¢ hand and nfCi.•inl M r.moul..im, • . der. Sept. 6, 1961. '. Q •VV NaVrahlie. (777211 ! 1- �March , A. D. 19 60 .. �✓-.•'}� !+!�rvC_r.,,G.w.r.:a..Fo [SEAL] _. �,•f4s�t-. 4tr>•.to� [SEAL] [SEAL] ,,1111,• • If I,y nano pi 1.01, 04 „r ocr.no. li.•re In.rrt 11.11.10 or mows; If by ponon actin¢!n reprosentative or official capacity ro .* o. nil., oey..fact, then lol.,••t tome of per.on sn executor. rltorne •-In-fact or other Zapncity or description; if by. ..fna•.r ,.f rmporolaa., lhrn iu.rrl rams of such officer or officer., as the president or other offIcors of such corporo- ,ten.+:amine II.--. "••n, rasp ;L.Irra ud..fn ii "onainn 1i'S:. ,.. t. kfd w �3i1i as - CO 0 n O L) 0 t" OA A et Ca - 0 Rr Ara, ;a -n: a.. re-:.ao WARRANTY D tt _ .:? KNOW ALL MEN EY TI 4'SE PRESENTS, that Galen L. Callender, James M. Callender, Tr, and Jame. M. Callender, DII, all of the Counts' of Jefferson and State of Colorado, for the consideration c£ Ten Dollars and ether yr lurale con- siderations in hand paid, hereby sell and convey to Von -alai; Cattle Co. , a Colorado corporation, the following real estate end propert.+, sttunte in tee County of Weld and State of Colorado, to —wit: SW* of Section 26, Township i North, Range 6e West el the 5tw, P.M., Nx of Section 35, Township S North, Range, 65 West of the 6th 7":.114., N3S; of Section 35, Township S North. Range 65 West of the 5th P.M. , Weld County, Colorado together with all water, wet a sights: ditches, ditch rights:, re5e-voITS and reservoir rights appertaining thereto a- usac in commie -teen therewith erd Includiite, but not limited to the followsne: 23 shares of the =petal Mock of The ate - Supply and Storage Company: 4 shares of the capital sunk of the Collins 1-eterel Ditch Company; 53 shares of the capital stock ef ;he .one tree., lateral Leitch Company ar.d all irrigation wells, la ee and sumps now located upon the premises, as well as all electric motors and peeps used in eonteseron therewith, as well as 3 water taps of the North Weld County Water .Distr'ict. together with all right of way and easements appertaining thereto or in any v -1 used in connection therewith for utilization of said water and wetter rights, tr_ciudiev, but eat limited to those certain rights to pump from Owl Cses'r: as may belong to reattrs herein and as may be derived by them through insteetnents of Mv"r i corsmenein; with the deed given by Edward L. Hensley to Charles Oswald dated iuiy 25, 1908 and together with all of grantors rights, title and interest, if any, to en undivided one-half interest in'aru1 to a strip of lend Si feet in width of. the South side of the NCI of Section 27, in Township S North, Randst 55 West of the 6th P.J& Weld County, Colorado, running the full length of the said NEB and pereliel with the South line thereof, said strip of land to be user? mtchisiVely for ditch purposes under the conditions sot forth in that eertei�n. euit claim deed doted tray i5, :.I 15, recorded in Book 44 at page 337 of the Weld County records, and rights o" cr in under Agreement dated January 31, 1962, recorded February 2, 1962 in Boor 1505 at -page 503 of the Weld County records, subject. however, to the following: 1. 1972 due and payable le 1973 end fut ere est wsments of the Northern Color ',Tatar Conservancy District, Ault Fire Pr tectien Dleet:ict and North Weld Coeey Water District, . 2. Rights of way or other easements et, granted or reserved by inst-umente of record, 3. Reservation to the Union Pacific Railroad Company of all c oei and mineral within or underlying the N3 and N3S3 of Section 35, Tcwneeerj g h,.'.:., Ra„ye 65 West of the 6th P.M. , Weld County, Colorado, by deed recorded Stmt. umentcry Fee Oaten P-"_ ,� R 'M79 `' - `_ O' 0 e C- 0 a -2- tJiersh 30, 1000 in Book 233 at page 145 of the Weld County records; a reservation to Clarence I,. Eyes and 'Earnest L. Eyes of all coal, oil ant? other mineral rights on the VA of Section 2G; Township 6 North, Range 65 West of the fith P.M, ac reserved by deed recorded December 22, 1956 in Rook 1466 at Page 231 of the . • Weld County records, and a reservation to Earnest L. Syes and Betty Eyes in and to all coal, oil, gas and other Minerals in and under the SW* of Section 26, Town- ship 8 North, Range 65 West of the 6th P.M. by deed recorded November 19: 1965 under Reception No. 1476024 in Book 554 of the Weld County records. 4. Oil and Gas Leases of record, if any. • 5. That certain outstanding indebtedness in the original principals sum of $28,400.00 secured by deed of trust recorded March 9, 1964 under Reception No. 1431001 in Book 509 of the Weld County records, which the grantee herein assumes and agrees to Pay. 6. That certain outstanding indebtedness in the original principal sum c° $75,000.00, secured by amortization mortgage recorded November 2, 1965 undo: Reception No. 1474987 in Book 553 of the Weld County records, which the grantee herein assumes and agrees to pay. Signed and delivered this 241. day of n L. Cal ender 1 Y a.O James M. Cal II STATE OF COLORADO ES. COUNTY OF JEFFERSON ) • .The foregoing ine urgent was acknowledged before me this / •:, , 1972, by Galen 1.. Callender, T"'"r :R.` and James MlCallerder, WITNESS my h%- official seal. . My commission e ;sires: Notary Public • , 1972. cf • iSq�1.0rwpta." ry'i -3- COLORADO ETJTE or ) SS. COUNTY OF JEFFERSON) • The foregoing instrument was acknowledged before me this , 11972, by James M. Callender, WITNESS My hand and official seal. MY Commission expires: 3116174. °.-74fr r:. day of Notary Pub • n 7. Y r\ �v • P 1 fhe�lt: k' �» #s.14..n�PANt i .t, ...l. —uve lei •T a ......art'..'�I�E'r"?si.4�.,,'�rfS'. 77ip°M L.^..-..-- ._. .. ..-..I,n �r•Sg*rn+"'* ^,:r.v�.e �7ik of the County" CP. olOO DEC 13'1372 ?s_ Zaanae& all Meat 6 a these presents, That Nltd/SVUMER pc RnER. VAN-VALK CATTLE CO., a Colorado corporation and State of Colorado of other valuable consideration and Ten for the consideration Dollars, in hand paid, hereby sell and quit -claim to NOFFSINGER MANUFACTURING CO. r INC., a Colorado corporation of the County of Weld and State of Colorado the following real property, situate in the County of Weld .and State of Colorado, to -wit: The North Half of the South Half (N1/253.5) and the North Half (Nis) of Section Thirty-five (35), and the Southwest Quarter (SW4) of Section Twenty-six (26), all in Township Eight (8) North, Range Sixty-five (65 West of the 6th P.M. with all Its appurtenances Signed and delivered this " jp the Presence of 28th STATF,, OK. C�f��?pppl4�RADO, 1 ss Co ration Weld. day of March A D.19 72 .._VAN.-VAr.K_CATTLE... CO . ATTEST: sident .__Secretary The foregoing Instrument was acknowledged before me this by ROBERT W. NOFFSINGER as Presidentdandof MELVINCDINNER . as Secrh etary rsys et YAfl_Y.A&K..Clintt;._C.Q...,....a...Celerado...corperation Witness lay Hagd and Official Seal. d \)'' Notary Public a N3Yi�twniealgfispSms.(�r(r,4v ./x.!27.3 ddrrms foc St. a; 2WUcaY QUTT.CLAIM—onAMOn-r FORM. POI PHOTOGRAPHIC RRCORO. T,tC. ,. HOFCK[L CO.. Oe DOGS Recorded ar..7.��" poem.. MAY 1973 A -----'-- 'r woMrw °-° Ci91 IInuptlon No... _._4612` 15._. .;—... _._ itucorwr. yc 3 - RO➢ERT P. NELSON whose address it; Greeley County of Weld , State of Colorado for the consido anon of other valuable consideration an Ten dollars, in hand paid, hereby sell(a) and convey (s) to NOFFSINGER MANUFACTURING CO., INC., a Col nvide _ etion whose address is P. 0.�Box '409, Greeley Weld and state of Colorado County of Weld County of the following real property in the , and State of Colorado, to wit: The South Half of the South Half (5131) of Section 35, Township 8 North, Range 65 West of the 6th P.M. together with 120 acre foot units of water from the works of the Northern Colorado Water Conservancy District allotted to said land by order of the District recorded in Book 1045, page 118, Weld County Records. Also 2 shares of the capital stock of The Water Supply and Storage Company, 2 shares of the capital stock of The Collins Ditch Company, 2 shares of the capital stock of Lone Tree Lateral Company, and all irrigation wells and pumping plants located on the above described land and all other rights and rights of way for the conveyance of water to said land for the purpose of irrigating the same. State Documenta�ry� yFee , Dote By m..1_.12 3_ $ .-1.. �_fJ�...._..._. with all its appurtenances, and warrant(s) the title to the same, subject to the 1973 taxes payable in 1974, exceptions, reservations, covenants, conditions and restrictions of record, rights of way and easements created by instruments of record or established on the premises, and lease for the 1973 crop season to Nelson Brothers. Signed this 18th day of Apri `� -`Robert 1411 son ¢�.rr4 "tie son STATE CF. COLORADO, 1 sa. County of Weld .3 law rdre moist inntrument was acknowledged before me this 18th ch'tiq� 1 A R Y,P srit , 1973 , by P.O➢P. RT P. NELSON P �yc�JdmSkaionsxpires N 'spy. ?and and official scat. 70 S no o ..-l� bl Noy Vunllc :lnlnmN Aelnn"MNpnost,--If by onion, person or 5wroono bor. Innort talon o' nmmq If by r. n acting In ryr prnnnnlutivn or rrfllnlal y officio of corlpornllnnj1O con I,,nart thorn nn rl of rrkerinel fPrIFIlof fl,ernornnfnrnrt nn O,..r1'm.iOent corrolaerrofrl,vnl^l,. mu01.1'011. Ilrn.: If by rn r r rw a rn 1^"nhllon nrnlon II. No. 1137. Vs.rnnl, un!—Mlm,l G9.11. 1111—I',,4 ,N P,.I,Iphlup y4.0111.41 flM.l fllnal Nohow. Colored.. Sr. 4 V Rolortlal al )moo clock P M n 055 1 681 k _9jb_ ca3k ri Recent,e, JY`v`1bRtii— •u .2 c r • r .... /— r f.� -`Wazrarggty6Deed f o. THIS DEED .z a canaeyono• el the ,cal properly desv,pec below mclumno an., noeo,e.-c-.L an; -'.) 5004 ?rases •rf i,ronyrly)I tl o Iaslccron,alonisl_ panne sh.pl5lerou?r orloy; nary- GRP-N-OP-e_c._:vn-a._ p. or 1 tyl cs1 named t s GRANTEE. amp a The GRANTOR Pee-hy Se Hs one conveys me propenyte Ike GRANTEE any[^eGPArfroo e>--a-s vim .-.tt c -r. -v -y_-, ..-..^Ito r yn of iry nerinfai p,pnfty.rosteriner_ ninvnyk>GP "k o., t p ...Ants nnn•6 ref .1-nr '5r av!a nevyar.ync— tryTr nnknns The SOeeilic Terms of Th.= noon Sr.,- - _ ne NOFFSINGER MANUFACTURING CO., INN--, a oolorada - rooration - rc—�-- Legal Address: 500 Size Avant:. -DEE 7 tudi Greeley, CO 90631 DELBERT W. WATT and ?WRY ANN A-, Legal Address: 42560 Weld County Road 945 Ault, Colorado 80610 "In joint tenancy" Properly Description noun,. vna sryty The North Half (NS) and the foth Half of the - f r Forzir= Thirty-five (35), Township Eight North (TEJ.`, _.t. West_ ;e6st', of the 6th P.N., Weld County, Colorado. EXCEPTING AND RESERVING one-half of all 0_l, gas and ether rinera_s now aced c� the Grantor herein, in and under and that may be produced fror said lands. TOGETHER WITH two and onw-half (2S) shares of capital stock of The Water Supply & Storage Irrigation Company, three (3) shares of the - )tat stook o_ The Callus Ditch Company, four and one-half 14t) shares of capitalstorrk of the Ice. Tree Utter1 Company, and four irrigation wells in the State of Celcrada, of ;ion *1 )2affsL-oer Well No. 1-9661-P and Well No. 2-20599, C N14,84, and tb"sir'mrr Wells tat.. C 13, Case No. W5648), TOGETHER with other d.tcn^and carr:inc rictts used its the •• D.P. Properly Address: 95,0 Consideration: n tit,,,,, w , Ocher Good and Valuable Considerations and Ten .r....... --- --------- 95;, '6u pJo3a SUBJECT to the reeervat ion. re sir , .xcc , .:r� n and conditsons created by inot:rcments of record, rights wa y a ..ated by ist, sram nts of record and establin hod on the n .vrery Additional Warranty Exceptional hnit ** delivery of said irrigation wet. -n r ..,, Enictilod by The Gnn.r on December 1, Signature Clnu. lo. Corporally.. Partner -snip or A„a,,t nn JPFPSINGER MANUFACTURING CG., INC, , a Criers•'. 1, ILAT, .h,pcim9m, cn„y,a .n , I m,.,.a bn n. A,>. n uv H6Urit"EZ•r:—NOTC#ili9i^, Pit,si—fi a. it2 o i Ra arc W. NiTIOIngotar, ltd ;ectierSoy 'Sinit Of cot OnAnO Ct5UNTY or wwri,D I " im. N p a .Ilnlmnlll e n no n Ineamt M e nv; Iinbont'-W1 Nertrv.tngeP Rea I laadtnit dud 'aie•xt a. Ia NOlrinllingl.lE, MANIII`Al'1`I11iTN( CO , 1 NC, t tb inradm, WI1 Nrlyll a1911ng11 SeyNll-han,nl Fyn' My0`e`lnlImu�halnnallhit Ik)Do1obor 4, lost f" :WW2 ll ♦.,In4i(I(.jl N1lll1'' II MI1 el\nn e'tll'JM Ia.l,ut,to In, P Val ni Fln udl no,,,rll p mY. lag^,.. + _ ,,, qs n .. z•e.a..,sa.v+nw*.,..... ey,nitlnl anl.11XVo11411V d1 l A%ki tm I 1,...vky.an 40444 4144y_ SognMma Clone IiikrinalirtIMIMak t'eont, er #4,0% nk Nrtr„ ,Pr. 0-,' Aeel rtal° inn l_ 13.11 8th Ave„ C[eetj, plc WIIWEISS Inp hone And NIX dill Real My eommlulea tepina aauale two. a Otl UPDATE !EMI !WIMP I[1 no, 1CeS onn", eel,,, Atlo10,\” (IIaLId -ill AR1953d63 WARRANTY DEED /002 B 1016 REC 01953263 01/17/84 11:44 $6.00 CO F 1226 MARY ANN FEUEPSTEIN CLERK G RECORDER WELD Cu, KNOW ALL PERSONS BY THESE PRESENTS: THAT Delbert W. Batt and Mary Ann Bait,, husband and wife, parties of the first part, in consideration of the sum of Ten ($13.00) dollars, and other valuable considerations*, in hand paid, the receipt of which is hereby acknowledged, do hereby grant, bargain, sell, convey and warrant unto The Federal Land Bank of Wichita, a corporation, Wichita, Kansas, party of the second part, the following described real property and premises situate in Weld County, State of Colorado, to wit: The N1/2 and the N1/2 of the S1/2 of Section 35, Township 8 North, Range 65 West of the 6th P. M., Together with 2 1/2 shares of the capital stock of Water Supply and Storage Company, 4 1/2 shares of the capital stock of Collins Ditch Company, 3 shares of the capital stock of Lone Tree Lateral Company, and together with all water rights and all wells and equipment used for irrigation of said land including, but not limited to, Well No. 12, adjudicated December 31, 1964, in Case No. W-5548, in the Water Court in and for Water Division No. 1, State of Colorado, at a pumping rate not to exceed 1200 GPM to irrigate a minimum of 9? acres, also, Well No. 13, adjudicated December 31, W-5542-/ 1904 ,.- in - CCase .-. __ .iti tr1Eater.._ ' _W Court in and for Water Division No. 1, State of Colorado, at a pumping rate not to exceed 500 GPM to irrigate a minimum of 60 acres, also, Noffsinger Well No. 1-9661-F, adjudicated September 17, 1963, in Case No. W-1484, in the Water Court in and for Water Division No. 1, State of Colorado, at a pumping rate not to exceed 1000 GPM to irrigate a minimum of 202 acres, also, Noffsirger Well No. 2-20509, adjudicated May 1, 1957, in the Water Court in and for Water Division No. 1, State of Colorado, at a pumping rate not to exceed 1100 GPM to irrigate a minimum of 310 acres. Together with all privileges, hereditarients and appurtenances thereunto belonging, or inany wise apperta_ning, including all water, rigation and drainage rights of every Nand and description, however evidenced or manifested, and all rights of way, apparatus and fixtures belonging to or used in connection therewith; also abstracts orotherevidence of title to the above described real estate. Subject to existing easements, rights of way, and mineral interests or mineral leases owned by third persons under valid reservations or conveyances now of record. State Documentary Fee Date .JAN 1 7_.1984 s 8.1.,.OO B 1018 REC 01953263 01717/84' 11':44- $6.00 2/002 F 1227 MARY ANN FEUF.RSTEIN CLERK b RECORDER WELD CO, CO Page 2 together with all the improvements thereon and the appurtenaces thereunto belonging, and warrant the title to the same. TO HAVE AND TO HOLD said described premises unto the said party of the second part its successors and assigns forever, free, clear and discharged of and. from all former grants, charges, taxes, judgments, mortgages and other liens and encumbrances of whatsoever nature. 'Part of the consideration for this deed is the full retirement and cancellation by the grani0 herein of that certain promissory noteexecuted by the grantors herein dated November 16, 1981, for Loan No. 791671 2-0 565-0. There will be no merger of the security documents for said loan into this conveyance. This deed is made 'in lieu of foreclosure. and is not taken as additional security. Signed and delivered this /L day of J P^ur7 , 1984. NZ6t %'/ a 772 'Delbert W. Batt Y1 e, ',Pry n ACYJMIL.EDW'MENT STATE OF Colorado SS. Ca11:71 OF a, . Tr. Before me, a Notary Public in and for said County and State, on this Ihchday of January , 1984, personally appeared Delbert W. Batt e.id Mary Ann Batt, husbank and wife, to me known to be the identical persons who executed the within and foregoing instrument, and acknowledged tome that they executed the same as their free -and voluntary act and deed for the uses and purposes therein set forth. ".. ,.-Given under my hand and seal the day and year last .above written. 0o- m Ll for f4 intmett xpires: Or LL . February 26, 1987,___ 4 it's Notary' Publi Address: 127 22nd Street Greeley, CO 80631 ADDRESS OF GRANTEE: 127 22nd Street, Greeley, CO 80631 AR2039168 CORPORATION SPECIAL WARRANTY DEED The Federal Land Bank of Wichita THIS INDENTURE, Made this 10 day of January , 1986 , between THE FEDERAL LAND BANK OF WICHITA, WidETEi, Kansas, a corporation, party of the first part, and J. Gale Moody and Valerie A. Moody, ea —Joint Tenants with the right of survivorship and NOT as Tenants in 211 West Magnolia, Ft. CO 80521 Common:_ party/parties of the second part. WITNESSETH: That the said party of the first part, for and in consideration of the sum of FOUR HUNDRED FIFTEEN THOUSAND AND NO/100 DOLLARS, and other valuable consideration to it in hand paid by the said party/parties of the second part, the receipt whereof is hereby confessed and acknowledged, has granted, bargained, sold and conveyed, and by these presents does:grant, bargain, sell and convey unto the said party/parties of the second part, their heirs, successors and assigns, forever, its title to and interest in the following describedreal estate situated in the County of Weld and State of Colorado , to wit: Legal description is attached as "Exhibit A." B 1099 REC 02039168 01/14/86 15:08 .$9.00 1/003 F 0558. MARY ANN FEIJERSTEIN CLERK & RECORDER _WELD CO, CO SUBJECT TO: Easements, rights of way, restrictions, reservations, mineral interests or mineral leases, and any building or zoning restrictions or regulations, and any discrepancies an accurate survey would reveal. EXCEPTING AND RESERVING to the party of the first part. all of the minerals and. mineral rights it owned.prior to'January.1, 1980 and an undivided 1/2 of the minerals and mineral rights it acquired on'or after January 1, 1980 together with the right of ingress and'egress to remove the same. Minerals and mineral rights as used herein include but is not limited to, oil and natural hydrocarbon gases; nonhydrocarbon.gases; helium; coal and lignite; sand and gravel and other mineral and mineral rights. State Documentary Fee Date $ ..y,/ so TO HAVE AND TO HOLD The same, together with -all. and singular the title and' interest of party of the first part in and to the tenements, herediaments and appurtenances thereunto belonging, or in any wise appertaining, forever. And the said party of the first party hereby covenants. and agrees that at.the delivery hereof it is the lawful owner of the interest hereby conveyed in the above described premises; and that it will warrant and defend the same unto the party/parties of the second part, their heirs, successors, and assigns., forever, against said party of the first part, its successors and assigns, and all and every person or persons whomsoever lawfully claiming through; by or under it, them, or either of them. . IN WITNESS -WHEREOF, The said party of the first part has caused these presents to be signed by the Federal Land Bank Association of Greeley. , a corporation, as Attorney -in -Fact for The Federal Land Bank of:Wichita, a corporation, by and with the consent and authority of Board of Directors of The Federal Land Bank of Wichita, a date and year first above written: ATTEST: 7Claj-I� e Federal Land Bank Association of Assistant S Elaine A. Buenger Greeley a;4orporation, as Attorney -in -Fact for Federal.Land Bank of Wichita, orporation. 4, ph A. Ho£t�i5enior Vice- presid . B 1099 REC02039168 01/14/86 15:08 $9.00 -2/003 F 0559 MARY ANN FEUERSTETN CLERK & RECORDER WELD CO, CO ACKNOWLEDGEMENT STATE OF Colorado COUNTY OF Weld ) SS. } Before me, the undersigned, a Notary Public in and for said County and State, on the 10th day of January , 19 86. , personally appeared Joseph A. Hoff to me personally known and knownto me to•be the identical person who subscribed the name of The Federal Land a k of Wichita, Wichita, Kansas, a corporation, to the foregoing instrument as vice President of the. Federal Land Bank Association of Greeiev, , a corporation, on behalf of such. corporation, as Attorney -in -Fact for. The. Federal Land Bank of Wichita, and he being by me duly sworn did say that he is such officer and that the seal affixed to said instrument is the corporation seal of said. corporation and that the same was signed and sealed in behalf of said corporation by authority of the board of directors of The Federal' Land Bank of Wichita,. and he acknowledged to me that he executed the same as his free and voluntary act and deed, and as the free and voluntary act and deed of such corporation, for the uses and purposes set forth ,044Vegfied therein. 44 es5°�,iand and seal the day and year last above written. c.r 7, •'O• � ^rA�y cession {appointment). expires: My Commission Expires Oct 4,1597 ' , 19 2 Notary Public 127 22nd St., Greeley, CO 80631 i B 1099 REC 02039168 01/14/86 15:08 $9.00 3/003 F 0560 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO EXHIBIT "A" Legal Description: The N1/2 and the Nl/2 of the S1/2 of Section 35, Township 8 North, Range 65 West of the 6th P.M., Weld County, Colorado. TOGETHER WITH 2 1/2 shares of the capital stock of The Water Supply & Storage Co., 4 1/2 shares of the capital stock of The Collins Ditch Company, 3 shares of the capital stock of The Lone Tree Lateral Company, and together with all water rights and all wells and equipment used for irrigation of said land, including, but not limited to, four (4) existing irrigation wells, identified as Well No. 12, adjudicated November 9, 1977, in Case No. W-5648, in the Water Court in and for Water Division I, State of Colorado, Well No. 13, adjudicated November 9, 1977, in Case No. W-5648, in the Water Court in and for Water Division I, State of Colorado, Noffsinger Well No. 1-9661-F, adjudicated November 29, 1976, in Case No. W-1468, in the Water Court in and for Water Division I, State of Colorado, and Noffsinger Well No. 2-20509, adjudicated in Case No. W-1484 in the Water Court in and for Water Division I, State of Colorado. TOGETER WITH all privileged, hereditaments, and appurtenances thereunto belonging, or in any wise appertaining, including all water, irrigation and drainage rights of every kind and description, however evidenced or manifested, and all rights of way, apparatus and fixtures belonging to or used in connection therewith. AR2039174 h B 1099 REC 02039174 01/14/86 15:10 $9.00 1/003 F 0570 MARY ANN_FEUERSTEIN CLERK & RECORDER_WELD CO,_CO WARRANTY DEED State Documentary Fee Dote THIS DEED made this /0 day of January, 1986, by and between NOFFSINGER MANUFACTURING CO.., INC., a Colorado Corporation, the mailing address of which is Post Office Box 488, Greeley, Colorado 80631, hereinafter referred to as "the Grantor," and J. GALE MOODY and VALERIE A. MOODY, as joint tenants with right of survivorship and not as tenants in common, whose mailing address is 211 West Magnolia, Fort Collins, Colorado 80521, hereinafter referred to as "the Grantees." WITNESSETH: That the Grantor, for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration to the Grantor in hand paid by the Grantees, the receipt of which is hereby confessed and acknowledged, has granted, bargained•, sold, and conveyed, and by these presents does hereby grant, bargain, sell, and confirm unto the Grantees, their heirs, administrators, and assigns, forever, that certain parcel of real property situate in the County of Weld, State of Colorado, which is legally described on Exhibit "A" attached hereto and incorporated herein by reference. TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues, and profits thereof, and all estate, right, title, interest, claim, and demand whatsoever of the Grantor, either in law or equity, of, in, or to the above -bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described with the appurtenancesunto the Grantees, their heirs, administrators, and assigns, forever. And the. Grantor, for itself and its successors and assigns, does covenant, grant, bargain, and agree to and with the Grantees, their heirs, administrators, and assigns, that at the time of the ensealing and delivery of these presents it is well seized of the premises above conveyed; has good, sure, perfect, absolute, and indefeasible estate of inheritance, in law, in fee simple; and has good right, full power, and lawful authority to grant, bargain, sell, and convey the_ same in manner and form as afore- said; and that, except as hereinafter provided, the same are free from all former and other grants, bargains, sales, liens, taxes, assessments, and encumbrances of whatever kind or nature soever; and the Grantor does hereby warrant the title to the same, subject to all of the following: 1. All existing easements and rights -of -way in place or of record. 2. That certain reservation by the Union Pacific Railroad Company as contained in Deed recorded March 30, 1908, in Book 233 at Page 145 of the Weld County, Colorado records. 3. Any restrictions, reservations, or exceptions contained in any United States or State of Colorado Patents of record. 4. General property taxes for the year 1985 and subsequent years. The Grantor, for itself andits successors and assigns, does covenant and agree to and with the Grantees, their heirs, administrators, and assigns, that the Grantees, their heirs, administrators, and assigns, shall and may lawfully and at all times hereafter peaceably and quietly have, occupy, possess, and B 1099 REC 02039174 01/14/86 15:10 $9.00 2/003 F 0571 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO enjoy said premises hereby granted, or intended so to be,with- the appurtenances, without the lawful hinderance or molestation of the Grantor, his heirs, administrators, and assigns, or of any other person or persons whomsoever, by or with its, consent, privity, or procurement. IN WITNESS WHEREOF, the Grantor has executed this Warranty Deed the day and year first above written. 9ATS, 'ert iWY .No ger ' As ris ant ecretaiy VATE OF COLORADO COUNTY OF LARIMER SS. NOFFSINGER MANUFACTURING CO., INC. spa Colorado Cor oration Y ��FcZ- ✓ 2/9 47.44Af” obert W. Noffsyer, ,President The foregoing instrument was acknowledged before me this /0 day of January, 1986, by Robert W. Noffsinger as President and Robert W. Noffsinger, Jr., as Assistant Secretary of NOFFSINGER MANUFACTURING CO., INC., a Colorado Corporation. WITNESS my hand and official seal. 11//0%6 My commission expires: Notary Public B 1099 REC 02039174 01/14/86 15:10 $9.00 3/003 F 0572 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO EXHIBIT "A" ATTACHED TO AND MADE A PART OF THE WARRANTY DEED BETWEEN NOFFSINGER MANUFACTURING CO., INC. ("THE SELLER") AND J. GALE MOODY AND VALERIE A. MOODY ("THE PURCHASERS") LEGAL DESCRIPTION OF THE PROPERTY CONVEYED HEREBY Township 8 North, Range 65 West of the 6th P.M. Section 35: S1/2 of the 51/2; County of Weld, State of Colorado (The street address of the residential dwelling located on the above -described property is 42036 Weld County Road 45, Ault, Colorado 80610.) TOGETHER WITH allwater, water rights, ditches, ditch rights,laterals and lateral rights, wells and well rights, sumps, return water systems, decrees, lakes and reservoir rights, belonging or in any way appertaining to the above -described property, including, but not by way of; limitation, two (2) shares of the capital stock of The Water Supply & Storage Co., two (2) shares of the capital stock of The Lone Tree Lateral Co., and two (2) shares of the capital stock of The Collins Ditch Company, and together with four (4) existing irrigation wells and the water and water rights attributable thereto, identified as Nelson Well #12904, Nelson Well #12906, Nelson Well #12907, and Nelson Well #R-274, and adjudicated in Case No. 380 (Civil Action No. 16704) on March 26, 1971, in the District Court in and for the County of Weld, State of Colorado, and one (1) tap in the North Weld Water District. - 3 - ARraII.15 $6 • i _) .e -4.r... �... . o'clock M a.. B 1171 REC 02115856 09/28/87 11:54 ,53.00 1/001 F 1665 MARY ANN 1'EUSRSTEIN CLERK & RECORDER WELD CO, CO QUIT CLAIM DEED THIS DEED, Made this day of September . 19 87 between VALERIE A. MOODY of the *County of Larimer Colorado. granmr(s), and J. GALE MOODY whose legal address is Colorado 80525, of the County of Larimer and State of Colorado, grantcc(sl, and State of Post Office Box 9078, Fort Collins, • WITNESSETII, That the grantor(si. for and in Consideration of the sem of other good and valuab consideration and Ter. ($10.00) DOLLARS ;I the receipt and sufficiency of which is hereby acknowledged. ha 'S remised. released. sold. conveyed and QUIT CLAIMED. and by ;1 these presents dd=s remise. release. sell. convey and QUIT CLAIM unto the granteela his heirs. successors and assigns, I forever, all the right, title. interest. claim and demand which the grunions) ha s in and to the real property, together with .. improvements, if any. situate. lying and being in the County of Weld . and State of ' • Colorado. described as follows: Township 8•North, Range 65 West of the 6th P.M. Section 35: N1/2, N1/2S1/2, S1/251/2) Township 7 North, Range 65 West of the 6th P.M. Section 2s NWI/4 and all that part of the SW1/4 lying North of the Larimer and Weld Irrigation Company Ditch. • The street addresses of the three residential dwellings located on the above —described property are 42560 Weld County Road 45, Ault, Colorado; 42036 Weld County Road 45, Ault, Colorado; and 41914 Weld County Road 45, Ault, Colorado. TO HAVE AND 70 HOl,D the same, together with all and singal r the appurtenances and privileges thereunto belonging ur in .1 anywise thereunto appertaining. and all the estate. right. ink. 'metes and claim whatsoever. of the grantor(s), either in law or equity, to the only proper use. benefit and behoof of the gruntct(si. his heirs and assigns foresee. IN WITNESS WHI:RF.OF. The grantorfy) ha a executed this deed on the date act forth above. 1 %'g��/ice,, OODY • I. i• :I I; r I . I' STATE. OF COLORADO. i' , ss. I County of Larimer , tt I The foregoing instrument was acknowledged Wore methis 1'- day of September .19 87. by VALERIE A. MOODY. ,I .i • My commission expires ;'r /,'‘• .19 . witness my hand and official seal. . •If in Denver. insert "City and." • 1. �'- ,,•.,..c.v,.J li 'C' am CO Saw) Pala No. 933. thy. 3x5. QI'1T CLAIM DEED Itv.asd PAY'ey, A:) w rte Are.. lyrrnri Cn M:7i -- a s :v.r.XO .5 II rl t?AS:,c' A,'vD FC:SPA t; AR22'. 4s3a --. 130i alit‘0125.2.6•32- 15 1 5.00 1/Oot �N cT ., 0737 .MARY4,11W-PEQE&STESN &Siii l 1t ddllbi R WEf D COQ:.CO]i axiep aeaiess '% `Pt GCoilans,'CO� ,80525 -1 of a Cuwtyof Larsmer aofStatoorCaloado..gmotees) :'s, 1 ' wfl'NFSSEi'ii4r tdicgr4inalbsnd u snatch liapottheswaot other va2yabl�.,consxderatxan Y;ond ONE',t$1 00) "' "":W : �thetuetpttiolSWfiaencybfwhiehuhetcby :Iawwkdged ha5..: reused, teicased cW aosveytd�am3QUtT,C.M EO9sndbyi• these ptesOido'ogity*nIcausei, vw.ty aodQIDTCLA3M uNolhegrwx(sb his, .^idWs,ntei•.esiot311ad ass gns. ;foevw set ak'dght, ndh intcst claim'and demand wh¢h the:g911{00y in• tad"to.•dui 40. pip ppty. Iogeltet•with • 4opmvti,saus:,Jatyuwate,tywe, atewg.tidm seal, Cmmtyof aa ",�WYd dSta¢be; : Calotdfo'dop-tedt6 fopousS -• r'; West Eal'tot the'Ncrthwcst Quarter tW}NWT) of Sectson�� 1 5, Towtis&tp 8 North, 8ange.65 Wes; o£ithe 6th P M., :;�IsoY9axn by attar andatitptsraa�.42,560 i703G5, Aatt, CO :806Y0 r� ' ' I t -,;�`• „ TOHAVEANDIDEOLUt1aWas,togght.446 aU*I. s4tgalnthappunctwtasaad epcii'll a ewli° belosgtsgoem.{ ",t45adick600appat.4111 ,andalltheasialm ht.ttde itileiestaiiad* wdalwetuohhegmhto(s%dWaloclaworega:t 8d droonlypmpcetsc.tsoofit aod'6elitwfottbegrame (s). his Seas and assigns ibsntz 1 , •.f D4WiTNESS WRER�FpF,-4`,I)etzuxoRs)h8s' euutaSThatkzdonthedoteset fdali above::, . 7 he225V25H — }302 REC 02254250 06/25/91 09a22 i $5.0C1 1/001 h' 1604 NARY ANN FEUERSTEIN CLERE 6 RECORDER WELD CO, CO QUIT CLAIM DEED THIS DEED, Made this 19th doff of June Witt J. Gale Moody of the "County of Lorimer Colorado, grantotlsl end J. Gale Moody whose legal adduce is P.O. Box 9078 Fort Collins, CO 80525 of the County of Ler inter , 1991 , and Suns of and State of Colorado, gmntee(s), WrFNPSSEM, That the gmnmr(s), for and In consideration of the sum of other good end valuable consideration and ten ($10.00) DOLLARS the receipt and sufficiency of which is hereby acknowledged, here rented, released, sold, convoyed and QUIT CLAIMED, cad by these laments does remise, release, sell, convoy and QUITCLAIM unto the grantx(s1, bin heirs, successors and assigns, forest; dl the right, title, interest claim and demand which the grantor(s) has in and to the real property, together with impimennnu, If any, situmo, lying and being lnthe County of Weld and State of Colonic*, described as follows; West half of the Northwest one Quarter (W 1/2 NW 1/4) and the Northwest one quarter of the Scuthaest one Quarter (Eli 1/4 SW 1/4 ), all in section thirty-five (35), Tmenship eight (8) North, Range sixty-five (65) West of the 6th P.M. niso hooey by street and number a:42036 WCR 45 Ault, Colorado; and 42560 WCR 45 Ault, Colorado. TO HAVE AND TO HOLD de sync. together with all and singular the appurtenances and privileges thereinto belonging or to anywiseMetematoappertaining, and all the Wahl, right, Ode, interest and claim whatsoever, of the grantor(s), either in law or equity, to the only proper use, benefit and behaof of the grsntee(sl his heirs end assigns forever, W'WITNESS - , : .. Thb ,: muted this deed on the dale set Posh above, STATE OP COLORADO, County of Tim finegoiog htslnnnenfl&nackllowted$ed before me this J. Gale Moody My conanhslmt mptrm May 26 a et t o e0 is a ?mil ." 5 amt" , g 19th I day of June ,1995 , Witness my hand end ofctel scat, A. Bruce Johnson 801 8th Sreet Suite 220 Greeley, CO 80631 No.933. lbw. 3,9S, pnrwant a y, onatadPoSwblry.SWw. to An.. ttl,"aod.Co tam —(em) r3Mm0 ,1991, irded nt _ -.: d.,r•4 M --'---.._ ----- '—��i ‘74j/ tfion No 2530901 ,!1589 P-185 01/28/1997 12137P PG 1 OF 1 EEC DOC Weld County CO JA Suki Tsukaatoto Clerk & Recorder 6.00 QUITCLAIM DEED ivse address is J. Gale Moody P.O. Box 210 Eaton, CO 80615 County of Weld . and State of Colorado , for the consideration of hereby sell(s) and quitclaims(s) to J . Gale Moody whose address is P • O . Box 21 0 , Eaton County of Weld real property, in the County of Weld Zero (0.001 Dollars, in hand paid, , and State of Colorado , the following , and State of Colorado, to wit: The East Half (E'i) of the Northwest Quarter (NW+) and the Northeast Quarter (NE'-) of the Southwest Quarter all in Section 35, Township 8 North, Range 65 West of the 6th P.M., County of Weld, State of Colorado. also known as street and number N /A assessor's schedule or parcel number. N/A with all its appurtenances Signed this 20thday of January STATE OF COLORADO. Iss. County of Weld The foregoing instrument was acknowledged before me this 20th day of January by J. Gale Moody My commission expires 2_7_9 9 WITNESS my hand and official seal. Jodee L. Kadous Name aid Address of Perron Crump Newly Created Legal Ocscr,plion (5 35-35-106.5. C.R S.l No. 898. Hex 4-94. QUITCLAIM or.ED (soon fam) Bradford Publisltint. 1743 %taco St., Dc,ncr. CO 50202 — (303) 292-2300 — 4-94 1111111 IIIIriil11111111101IIII1111111III11111IIII IIII 2811393 12106/2000 11'19A JA Sukl Tsukamoto 39.3 1 of 3 R 15.00 D 18.50 Weld County CO WARRANTY DEED THIS DEED, Made this 28th day of November, 2000 between J. Gale Moody of the County of Weld and State of Colorado, grantor, and Wake, ILL?, a Colorado limited liability limited partnership whose legal address is 801 8th Street, Suite 220, Greeley, CO 80631 of the County of Weld and State of Colorado, grantees: WITNESSETH That the grantor for and in consideration of the sum of TEN AND 00/100, ($10.00) Dollars, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm unto the grantee, his heirs and assigns forever, all the real property, together with improvements, if any, situate,lying and being in the County of Weld and State of Colorado, described as follows; SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF also known by street and number as , , Colorado TOGETHER with all and singular the hereditament° and appurtenances thereto belonging, or in anywise appertaining and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the grantor, either in law or equity, of in c. -,and to the above bargained premises, with the hereditament° and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantee, his heirs and assigns forever. And the grantor, for himself, his heirs and personal representatives, does covenant, grant, bargain, and agree to and with the grantee, his heirs and assigns, that at the time of the ensealing and delivery of these presents, he is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, except general taxes for 2000 and subsequent years; except easements, restrictions, covenants, conditions, reservations and rights of way of record, if any; The grantor shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession of the grantee, his heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF the grantor has executed this desh above. STATE OF COLORADO County of Weld by J. Gale Moody } } as. The foregoing instrument was acknowledged before ) me this 28th day of November, 2000 a.,nnnynq, llll pTgRL c' ;JB 41c <P - No. 932A. Rev. 7-84 1- p,, 11,1111 llllllllll Witness my hand and official seal. My commiss •n expires 1295 Main Windsor, COLORADO 80550 &pt1 ni 4tr (0,-7_00-2 IND IIII 111111111112IIl 1IIII IIII IIII 28of a33 R116 00 12106/2000 D 18.50 19A JA Weld County CO�moto "EXHIBIT A" LEGAL DESCRIPTION PARCEL 1: Lot C of Amended Recorded Exemption No. 0551-35-3-RE2002, recorded November 16, 2000 as Reception No. 2807294, being a part of the NE1/4, the N1/2SE1/4, the E1/2NW1/4 and the NE1/4SW1/4 of Section 35, Township 8 North, Range 65 West of the 6th P.M., County of Weld, State of Colorado. PARCEL 2; Lot C of Recorded Exemption No. 0551-35-1-RE2844, recorded November 16, 2000 as Reception No. 2807293, being a part of the E1/2E1/2 of Section 35, Township 8 North, Range 65 West of the 6th P.M., County of Weld, State of Colorado. PARCEL 3: A parcel of land located in Section 35, Township 8 North, Range 65 West of the 6th P.M., County of Weld, State of Colorado, being more particularly described as follows: Commencing at the South Quarter corner of said Section 35 and considering the South line of SE1/4 to bear North 88 degrees 33 minutes 33 seconds West with all bearings contained herein relative thereto; thence along the South line of the SW1/4 of said Section 35, North 88 degrees 33 minutes 33 seconds West, a distance of 249.82 feet to the West line of the 40 foot wide utility and access easement for Lot A of Recorded Exemption No. 0551-35-3-RE2002 as recorded August 13, 1997 in Book 1621 as Reception No. 2563232; thence along said line, North 00 degrees 23 minutes 31 seconds West, a distance of 1319.01 feet to the South line of Amended Recorded Exemption No. 0551-35-3-RE2002 as recorded on November 16, 2000 as Reception No. 2807294; thence along the South and East line of the said Recorded Exemption the following two courses; 1) South 88 degrees 42 minutes 08 seconds East, a distance of 702.69 feet; 2) North 00 degrees 16 minutes 50 seconds West a distance of 3964.62 feet to the North line of the NE1/4 of said Section 35; thence along said line, South 89 degrees 04 minutes 25 seconds East, a distance of 856.67 feet to the West line of Recorded Exemption No. 0551-35-1-RE2844 as recorded November 16, 2000 as Reception No. 2807293; thence along the West line of said Recorded Exemption the following two courses; 1) South 00 degrees 23 minutes 01 seconds East, a distance of 2647.45 feet; 2) South 00 degrees 23 minutes 19 seconds East, a distance of 2645.85 feet to the South line of said Section 35; thence along said line, North 88 degrees 33 minutes 33 seconds West, a distance of 1316.95 feet to the True Point of Beginning; Name and address of person creating newly created legal description (38-35-106.5, C.R.S.) King Surveyors, Inc. 9299 Eastman Park Windsor, CO 80550 11111111111311 1111 1111111 III 11111 IIII IIII 2611393 12106/2000 11:19A JA Sukl Tsukamota 3 of 3 R 15.00 D 18.50 Weld County CO TOGETHER WITH reservations in Deed Recorded September 16, 1997 at Reception No. 2569301 in Weld County Records. TOGETHER WITH reservations in Deed Recorded November 1, 1991 at Reception No. 2267972 in Weld County Records. TOGETHER WITH reservations in Deed Recorded July 30, 1991 at Reception No. 2257842 in Weld County Records. TOGETHER WITH One -Quarter (1/4) share of the capital stock in the Water Supply & Storage Co. TOGETHER WITH Three (3) shares of the capital stock in the Lone Tree Lateral Company TOGETHER WITH Four and One -Half (4 '/2) shares of the capital stock in the Collins Ditch Company Iliin dull IIIIIII IIIII IIII IIII 111111! III IIIII IIII IIII 2811396 12(06/2000 11:19A JA Sold Tsukamoto 1 of 1 R 5.00 D 5.00 Weld County CO WARRANTY DEED THIS DECO, Made this 28th day of November, 2000 between J. Gale Moody of the County of Weld and State of Colorado, grantor, and Wake, LLLP, a Colorado limited liability limited partnership whose legal address is , 801 8th Street, Suite 220, Greeley, Colorado 80631 of the County of Weld and State of Colorado, grantees: WITNESSETN That the grantor for and in consideration of the sum of TEN AND 00/100, ($10.00) Dollars, the receipt and sufficiency of which is hereby acknowledged, has ^) granted, bargained, sold and conveyed, and by these presents does grant, bargain, x v sell, convey . and confirm unto the grantee, hie heirs and assigns forever, all the real of oWeldyand State ofiColorrado,� described as follows, and being in the County - ") Lot B of Recorded Exemption No. 0551-35-1-RE2844 recorded November 16, 2000 as Reception No. 2807293, being a part of the E1/2E1/2 of Section 35, Township 8 North, Range 65 West of the 6i° P.M., County of Weld, State of Colorado. TOGETHER WITH Domestic Well Permit # 8183 also known by street and number as , , Colorado TOGETHER with all and singular the hereditamenta and appurtenances thereto belonging, or in anywise appertaining and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the grantor, either in law or equity, of in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantee, his heirs and assigns forever. And the grantor, for himself, his heirs and personal representatives, does covenant, grant, bargain, and agree to and with the grantee, his heirs and assigns, that at the time of the ensealing and delivery of these presents, he is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all farmer and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, except general taxes for 2000 and subsequent years; except easements, restrictions, covenants, conditions, reservations and rights of way of record, if any; The grantor shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession of the grantee, his heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF the grantor has executed this deed STATE OF COLORADO County of Weld by J. Gale Moody No. 932A. Rev. 7-84 } ss. The foregoing instrument was acknowledged before } me this 28th day of November, 2000 Witnes hand and official seal. My co i ion expires Hove 15 /NOTARY PUBLIC indsor, COLORADO 00550 ,\ 1 nnt rnrl•ir •. 1� 1 111111 11111 Illlil1 III 111111 111111 HIE III 11111111 11111 3052150 04/14/2003 03:15P Weld County, Co 1 of 2 R 11.00 D 11.50 Steve Moreno Clerk dt Recorder SPECIAL WARRANTY DEED THIS DEED, Made this 10th day of April , 2003 , between centennial Bank of the West, formerly Farmers Bank of the County of Weld and State of Colorado gantor(s),and WAKE, LLLP a Colorado Limited, Liability Limited. Partnership \'. (,/03y5o4/ 3 whose legal address is 801 8th Street, Suite 220, Greeley, CO 80631 of the County o f Weld and State of Colorado . grantee(s): W ITNESSETH, That the grantor(s), for and in consideration of the stun of ONE HUNDRED FIFTEEN THOUSAND AND NO/100 DOLLARS,($115,000.00 ), the receipt and sufficiency of which is hereby acknowledged has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the grantee(s), his heirs and assigns forever, all the real property together with improvements, if any, situate, lying and being in the County of Weld . and State of Colorado, described as follows: See Exhibit "A" attached hereto and incorporated herein. also known by street and number as Vacant Land, TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title. interest. claim and demand whatsoever of the gantor(s), either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantee(s), his heirs and assigns forever. The grantor(s), for himself, his heirs and personal representatives or successors, does covenant and agree that he shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession of the grantee(s), his heirs and assigns, against all and every person or persons claiming the whole or any part thereof. by, through or under the grantor(s). The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF, the grantor(s) has executed this deed on the date set forth above. formerlyaFaBaersOBanke West, By: Brad Schwindt, Vice President STATE OF COLORADO COUNTY OF WELD The foregoing ins Brad Schwindt Farmers Bank My Commission exp ss. 0remethis 10th day of April 2003,by by of Centennial Bank of the West, formerly Witness my hand and official seal. Notary Public Kelly L. Belden SPECIAL WARRANTY DEED Rsscrwi Fife P UO34504A03 1111111L I1111111414i1111�p ��81ti 1111ld 11ti1I111111111II er 3462150 2 o0411412403 ,U 11.00 0 tl .501 Steve Moreno Clerk & Record Vacant. Land LEGAL DESCRIPTION OF DEED DATED April 10, 2003 Lot B of Recorded Exemption No. 0551-35-2-RE1354, recorded June 28, 1991 in Book 1303 as Reception No. 02254738, being the Northwest 1/4 of the Southwest 1/4 and a portion of the West 1/2 of the Northwest 1/4 of Section 35, Township 8 North, Range 65 West of the 6th P.M. EXCEPTING from said Lot B the following described parcel: Part of Lot B of Recorded Exemption No. 0551-35-2-RE1354, recorded June 28, 1991 in Book 1303 as Reception No. 02254738 being a part of the West 1/4 of the Northwest 1/4 and the Northwest 1/4 of the Southwest 1/4 of Section 35, Township 8 North, Range 65 West of the 6th P.M., bring more particularly described as follows: Beginning at the Southwest corner of the Northwest 1/4 of the Southwest 1/4 and considering the West line of the Southwest 1/4 as bearing North 00'00'03" East and with all other bearings contained herein relative thereto: thence North 00'00'03" East, 353.69 feet along the West line of the Southwest 1/4; thence South 89'09'32" East, 367.13 feet; thence South 01'03'48" West, 357.11 feet to arpoint on the South line of the Northwest 1/4 of the Southwest 1/4; the South line of the thence North 88'36'33" West, 360.58 feet along Northwest 1/4 of the Southwest 1/4 to the Point of Beginning, County of Weld, State of golorndo TOGETHER WITH one share of the capital stock of the Collins Lateral Ditch Co. and one share of the capital stock of the Lone Tree Lateral Co. 111111IIIui I II III I II1 IIII IItI11III 11III IIII IIII 3478799 00/2912007 10:33A Weld County, CO 1 of 2 R 11.00 D 86.00 Steve Moreno Clerk & Recorder 799 WARRANTY DEED (/ Ovrr11c 1c THIS DEED, made this 21st day of May, 2007, by and between WAKE, LLLP, a Colorado Limited Liability Limited Partnership, of the County of Weld, State of Colorado ("Grantor"), and WDRAKE LLC, a Colorado Limited Liability Company, the mailing address of which, for purposes of this Deed, is Post Office Box 659, Berthoud, Colorado 80513, of the County of Larimer, State of Colorado ("Grantee"). WITNESSETH: That Grantor, for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, to Grantor in hand paid by Grantee, the receipt of which is hereby confessed and acknowledged, has granted, bargained, sold, and conveyed, and by these presents does hereby grant, bargain, sell, convey, and confirm unto 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, which is legally described on Exhibit "A" attached hereto and incorporated herein by reference. TOGETHER WITH all and singular the hereditaments and appurtenances U thereunto belonging, or in anywise appertaining, the reversion and \� reversions, remainder and remainders, rents, issues, and profits thereof, (:}o and all estate, right, title, interest, claim, and demand whatsoever of Grantor, either in law or equity, of, in, or to the above -bargained r� premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto Grantee, its successors and assigns, forever. [V7 �! And Grantor, for itself and its successors and assigns, does covenant, grant, bargain, and agree to and with Grantee, its successors and assigns, -�-(- that at the time of the ensealing and delivery of these presents it is "r well seized of the premises above conveyed; has good, sure, perfect, absolute, and indefeasible estate of inheritance, in law, in fee simcle;� and has good right, full power, and lawful authority to grant, bargain, ?�..-.7. sell, and convey the same in manner and form as aforesaid; and that, except as hereinafter provided, the same are free from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances, and restrictions of whatever kind or nature soever; and Grantor dons hereby warrant the title to the same, except and subject to all easements and rights -of -way in place or of record, all oil, gas, or other mineral reservations or exceptions of record; any restrictions, reservations, or exceptions contained in any United States or State of Colorado Patents of record; all zoning and other governmental rules and regulations; and general property taxes for 2007 and all subsequent years. Grantor shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession of Grantee, its successors and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. IN WITNESS WHEREOF, Grantor has executed this Warranty Deed the day and year first above written. STATE OF COLORADO as. COUNTY OF LARIMER WAKE, LLLP, a Colorado Limited Liability Limited Partnership A. Bruce Johnson, General Partner The foregoing instrument was acknowledged before me this 21st day of May, 2007, by A. Bruce Johnson, as General Partner of WAKE, LLLP, a Colorado Limited Liability Limited Partnership. WITNESS my hand and official !seal. My commissionexpi;ea_-11 71;p1 ( r:)t!ItL3C 1 COLORADO ,(dv ,.2009 (i (5F)t 5/21/07) (41\AA,t- Uk\q/, Notary Public 1 111111 11111 IllIlli 11111 111111 111111II111111 11111111 3478799 05/29/2007 90'33A Weld County, CO 2 et 2 R 11.00 D 88.00 Steve Morena Clerk & Recorder EXHIBIT "A" ATTAt.auD TO AND MADE A PART OF THE -WARRANTY DEED BETWEEN WAKE, LLLP ("GRANTOR") AND WDRAKE, LLC ("GRANTEE") LEGAL DESCRIPTION OF THE PROPERTY CONVEYED HEREBY Lot C of Recorded Exemption No. 0551 -35 -1 -RE -2844, Recorded November 16, 2000, at Reception No. 2807293, being a part of the East Half of the East Half of Section 35, Township 8 North, Range 65 West of the 6th P.M., County of Weld,. State of Colorado. AND Amended Lot C of Amended Lot C of Recorded Exemption No. 0551 -35 -3 -RE 2002, recorded November 16, 2000, at Reception No. 2807294, being a part of Section 35, Township 8 North, Range 65 West of the 6th P.M., County of Weld, State of Colorado. AND Lots A and B of Recorded Exemption No. 0551 -35 -4 -RE 3698, recorded January 19, 2004, at Reception No. 3145773, being a part of Section 35, Township 8 North, Range 65 West of the 6th P.M., County of Weld, State of Colorado. AND Lots A and B of Recorded Exemption No. 0551 -35 -2 -RE 3697, recorded January 19, 2004, at Reception No. 3145774, beinga part of the West Half of Section 35, Township 8 North, Range 65 West of the 6th P.M., County of Weld, State of Colorado. (Vacant land, no street address assigned TOGETHER WITH that certain easement conveyed to Grantor by Quit Claim Deed recorded February 12, 2002, under Reception No. 2924528 of the Weld County, Colorado records, in which J. Gale Moody is the Grantor, which easement is over and across that portion of the westerly edge of Section 36, Township 8 North, Range 65 West of the 6th P.M., lying west of the Fencer and TOGETHER WITH all rights, title, and interest of Grantor in and to all water and water rights, wells and well rights, ditches and ditch rights, reservoirs and reservoir rights belonging or in any way appertaining to the above -described property, including, but not limited to, one-fourth (1/4) share of the capital stock of The Water Supply and Storage Company, six (6) shares of the capital stock of The Lone Tree Lateral Company, and five and one-half (5 1/2) shares of the capital stock of The Collins Ditch Company, and including those certain four (4) irrigation wells and associated rights and benefits decreed by the Water Court, Water Division I, in Case Nos. W-1484, W-5648, O1-CW-035, and 05-CW-149, together with all rights and benefits associated with well Permit Nos. 59068-F, 59069-F, 59070-F, 27171-F, and 254632. (EFFM 5/21/07) 2 WHEN RECORDED, MAIL TO: Scott L. Soelberg P.C. 837 E. 1200 S - Orem UT 84097 Orem UT 84097 11111111111111111111111111111 `Iti11I1111 II I lIlf 11111111 3538656 02/29/2008 04:52P Weld County, CO 1 of 1 R 6.00 D 0.00 Steve Moreno Clerk & Recorder SPECIAL WARRANTY DEED WDrake LLC, a Colorado Limited Liability Company, ("grantor"), does hereby GRANT, BARGAIN, SELL AND CONVEY AND WARRANT only against all parties claiming by, through or under them to Owl Investments LLC, a Colorado Limited Liability Company, ("grantee"), with the address of P.O. Box 659, Berthoud, Colorado 80513, for the sum of $10.00 and other valuable consideration, an undivided 100% interest in the following described property located in Weld County, State of Colorado: Lot D of Recorded Exemption No. 0551-35-2 RE -4692 recorded December 6, 2007 at Reception No. 3522044, being a portion of Section 35, Township 8 North, Range 65 West of the 6th P.M., County of Weld, State of Colorado; and Lot D of Recorded Exemption No. 0551-35-2 RE -4693 recorded December 6, 2007 at Reception No. 3522045, being a portion of Section 35, Township 8 North, Range 65 West of the 6th P.M., County of Weld, State of Colorado; and Lot B of Amended Recorded Exemption No. 0551-35-3 AmRE-3697 recorded December 6, 2007 at Reception No. 3522042, being a portion of Section 35, Township 8 North, Range 65 West of the 6th P.M., County of Weld, State of Colorado; and Lot B of Amended Recorded Exemption No. 0551-35-4 AmRE-3698 recorded December 6, 2007 at Reception No. 3522043, being a portion of Section 35, Township 8 North, Range 65 West of the 6th P.M., County of Weld, State of Colorado; (being approx 510 acres, more or less of vacant land, no street address assigned) ' OGETHER WITH that certain easement conveyed to Grantor by Warranty Deed recorded 5/29/2007, under Reception No. 3478799 of the Weld County, Colorado records in which Wake LLLP is the Grantor, which easement is over and a.cross that portion of the westerly edge of Section 36, Township 8 North, Range 65 West of the 6th P.M., lying west of the fence; and "''OGETHER WITH all rights, title, and interest of Grantor in and to all water and water rights, wells and well rights, ditches and ditch rights, reservoirs and reservoir rights, irrigation systems and irrigation systems rights belonging or in any way appertaining to the above -described property, including, but not limited to, one -forth (1/4) share of the capital stock of The Water Supply and Storage Company, six (6) shares of the capital stock of The Lone Tree Lateral Company, and five and one-half (5 '/2) shares of the capital stock of The Collins Ditch Company, and including those certain four (4) irrigation wells and associated rights and benefits decreed by the Water Court, Water Division I, in Case Nos. W-1484, W-5648, 01-CW-035, and 05-CW-149, together with all rights and benefits associated with Well Permit Nos. 59068-F, `9069-F, 59070-F, 27171-F, and 254632. Subject to any and all existing restrictions, exceptions, reservations, easements, rights -of -way, conditions, and covenants, and expressly subject to all municipal, city, county, and state zoning laws and other ordinances, regulations, and restrictions, including statutes and other laws of municipal, county, or other governmental authorities applicable to and enforceable against the premises herein described. Also subject to general property taxes for 2008 and thereafter. WITNESS the hands o s: d grantor, this7'day of FC.t'I/'v y , 2008. 2rt•n�r / amu: K. Hammel as manager Date ATE OF COLORADO ) COUNTY OF LARIMER ) KAREN ANN RICE NOTARY PUBLIC STATE OF COLORADO My Commission Expires 02J2412009 On thec-/day of 'Eelpt^t,d-,"y , 2008, personally appeared before me WDrake LLC - Samuel K. Hammel, Manager, the signer of the foregoing instrument, who duly acknowledged to me that he executed the same. WITNESS my hand and official seal. My commission expires: o" _! 1 Notary Public Hello