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Home My WebLink About20093525.tiffAor S301A83S 0NIA3Aa0S at4r1 R 0NIa33NIDN3 0010-ZSC (016) 00va0100 'A3133a0 AV 44 SZSI 0NI2L33Nl3N3 3Sagya f _ 010-6002 lI01 lladtl 'ON 103raad ]lva ,AS 03MJ3NJ .a.1.6 'AS NMrao •AS 03N0IS]0 J r a9Ap leul3 /0h'J r 'M.N.a PUZ qunea 10/, S 'Sf -.el.,'A1uno0 But Z Mq^.a lull OZ/Z l vuder uotleya..0 900 'oN SN0ISIA3a 'M S9 N 'N 9 '1 Zf "a.S Z/L 'N *LW 10 Pod 001,10100 GUM JO A1NfO3 lb# 'N'O'M $ b9# 906b 3d NOIldIN3X3 030a003d JO L 133X5 ,001 = ,1 •31V0S i • • 4**, COLORADO DEPARTMENT OF PLANNING SERVICES RECORDED EXEMPTION ADMINISTRATIVE REVIEW Applicant: Bruce Johnson RE -4906 Planner: C. Gathman Legal Description: Lot B of RE -3216; Part of the NE4 of Section 32, TEN, R65W of the 6th P.M., Weld County, CO. Parcel ID #: 0803 32 100079 Lot A Size: +/- 4 acres Lot B Size: +/- 10 acres Water Source: Lots A and B: Proposed North Weld County Water District Sewer System: Lots A and B: Proposed Individual Septic Systems Yes No X X 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. c)00q 35A5 • • 2. Topographic or physical features of the proposed Lots A and B, 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. 3. Prior to recording the plat: A. The plat shall be titled: Recorded Exemption No. 0803-32-1 RE -4906 B. Lots A and B shall use the existing access point as no additional accesses shall be granted. C. A 30 foot wide joint access and utility easement extending across Lot A from County Road 64, for the benefit 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. E. County Road 64 is designated on the Weld County Road Classification Plan as a major arterial road, which requires 140 feet of right-of-way at full build out. There is presently 60 feet of right-of-way. An additional 40 feet from the centerline of County Road 64 shall be delineated on the plat as future County Road 64 right-of-way. All setbacks shall be measured from the edge of future right-of-way. The applicant shall verify the existing right- of-way and the documents creating the right-of-way. If the right-of-way cannot be verified, it shall be dedicated. This road is maintained by Weld County. F. The applicant shall attempt to address the requirements (concerns) of the City of Greeley, as stated in the referral response dated April 8, 2009. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. G. 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. H. 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) 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. 4) Prior to the release of building permits, the applicant shall submit evidence to the Department of Planning Services that Lots A and/or B has an adequate water supply of sufficient quality, quantity and dependability. 5) Prior to the release of building permit, the applicant shall submit evidence of approval from the Eaton Fire Protection District to the Weld County Building Department. 6) 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 Section 15-1-40 of the Weld County Code. 7) 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) 8) 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) 9) Potential Purchasers are hereby notified all of Lot A and portions of Lot B are located within the boundaries of Use by Special Review Permit - USR-686 (oil drilling). 10) Lots A and B are zoned 1-3 (Industrial) Zone District. Any development of Lots A and/or B shall comply with the requirements of the Weld County Code in regards to development of Industrial property. Currently these requirements are stated in Sections 23-3-330 through 23-3-360 of the Weld County Code. 11) Prior to the release of building permits on Lots A and/or B, the Lot owner shall verify with the nearest Town/City or Sanitation District to determine the location of the nearest sanitary sewer line. In accordance with the Weld County Code, if a sewer line exists within four hundred (400) feet of the property line and the sewer provider is willing to serve the proposed structure, a septic permit cannot be granted by the Weld County Department of Public Health and Environment. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. 12) The property owner acknowledges that mineral owners and lessees have real property interests that entitle them to surface use in accordance with Colorado State Statutes and applicable Colorado oil and Gas Conservation Commission regulations. (Department of Planning Services) 13) Potential purchasers are notified that this site is located within the Airport Zoning Overlay District and is subject to the regulations outlined in Article V Division I of the Weld County Code. This site is also located within the Airport Influence Area, as depicted in the 2004 Greeley -Weld County Master Plan. 14) WELD COUNTY'S RIGHT TO FARM: Weld County is one of the most productive agricultural counties in the United States, typically ranking in the top ten counties in the country in total market value of agricultural products sold. The rural areas of Weld County may be open and spacious, but they are intensively used for agriculture. Persons moving into a rural area must recognize and accept there are drawbacks, including conflicts with long-standing agricultural practices and a lower level of services than in town. Along with the drawbacks come the incentives which attract urban dwellers to relocate to rural areas: open views, spaciousness, wildlife, lack of city noise and congestion, and the rural atmosphere and way of life. Without neighboring farms, those features which attract urban dwellers to rural Weld County would quickly be gone forever. Agricultural users of the land should not be expected to change their long-established agricultural practices to accommodate the intrusions of urban users into a rural area. Well -run agricultural activities will generate off -site impacts, including noise from tractors and equipment; slow -moving farm vehicles on rural roads; dust from animal pens, field work, harvest and gravel roads; odor from animal confinement, silage and manure; smoke from ditch burning; flies and mosquitoes; hunting and trapping activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and fertilizers in the fields, including the use of aerial spraying. It is common practice for agricultural producers to utilize an accumulation of agricultural machinery and supplies to assist in their agricultural operations. A concentration of miscellaneous agricultural materials often produces a visual disparity between rural and urban areas of the County. Section 35-3.5-102, C.R.S., provides that an agricultural operation shall not be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs methods or practices that are commonly or reasonably associated with agricultural production. Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to assume that ditches and reservoirs may simply be moved "out of the way" of residential development. When moving to the County, property owners and residents must realize they cannot take water from irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water. Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice the size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of state and County roads outside of municipalities. The sheer magnitude of the area to be served stretches available resources. Law enforcement is based on responses to complaints more than on patrols of the County, and the distances which must be traveled may delay all emergency responses, including law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must leave their jobs and families to respond to emergencies. County gravel roads, no matter how often they are bladed, will not provide the same kind of surface expected from a paved road. Snow removal priorities mean that roads from subdivisions to arterials may not be cleared for several days after a major snowstorm. Services in rural areas, in many cases, will not be equivalent to municipal services. Rural dwellers must, by necessity, be more self-sufficient than urban dwellers. People are exposed to different hazards in the County than in an urban or suburban setting. Farm equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center pivot operations, high speed traffic, sand burs, puncture vines, territorial farm dogs and livestock, and open burning present real threats. Controlling children's activities is important, not only for their safety, but also for the protection of the farmer's livelihood. 4. 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. 5. 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 $50.00 recording continuance charge may be added for each additional 3 month period. 6. The Department of Planning Services respectfully requests the surveyor provide a digital copy of this Recorded Exemption. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles, Arclnfo Coverages and Arclnfo Export files format type is .e00. The preferred format for Images is .tif (Group 4). (Group 6 is not acceptable). This digital file may be sent to mapsco.weld.co.us. 7. The Weld County Department of Planning Staff's approval of this Recorded Exemption Application is based on satisfying the Conditions of Approval. Should an applicant be unwilling or unable to meet any one of these conditions within 60 days of approval, then this case will be forwarded to the Weld County Board of County Commissioners with a staff recommendation for denial. By Date May 12, 2009 Chris Gathman — Planner III AICP • • KE - LI 6 Q Plat Checklist POC Planner Item Comments Check Check Proper size and material 24" x 36" or 18" x 24" / Minimum 3 millimeter polyester sheet Lettering No stick -on lettering / Minimum 8 pt. lettering Vs.° Boundaries of Lots � L— ` ' Scale Suitable Scale? (1"=200' or 1"=100') Accesses indicated Shared Access? If so, is easement Certificate included? Roads labeled, including R.O.W 51,70W a-- dada'HOa&( JO% of 124‘.94N-- OC • U.St • Building Envelope(s) / � /"/� 1 Vicinity Map Suitable Scale? (Minimum 1"=2000') r� North Arrow Legal Description f/ Notes from Planner/ Development Standards Conditions of Approval 1 C.: .6 O� G reyl/ C —r, cF Cs:"$ 2I/ Owners Certificate Notarial Certificate included? All owners must sign the plat, check the deed. �pP t Surveyors Certificate and Surveyors Stamp All surveyed plats Note: USR plats do not need to be surveyed 171 tat yf Director of Planning Certificate Notarial Certificate included? (RE, SE, SPR, Final PUD if Staff Approved) Planning Commission Certificate (USR, COZ, Minor Sub. Final) ...1 1 1) f Board Certificate (USR, COZ„ Minor Sub Final) (Final PUD, RE, SE & ZPMH if Board approved) N /A Typical Road Cross Section (COZ, Final Minor Sub. and Final PUD) �j N IA Easements Please return the plat to the CAD Technician within 24 hours of receiving the plat. Planner on Call: (Initials) Planner Signature: Date: 'e fhoel r€51 130"K 94 Date: Received From: WELD COUNTY, COLORADO DEPARTMENT OF PLANNING SERVICES 1555 N 17 "AVENUE GREELEY, CO 80631 PHONE: 970-3534100, EXT. 3540 / FAX: 970-304-6498 • 20 11 Receipt No. 1 5 91 r Iv L \ Permit Type No. Description Fee 4221-RE/SE 4221-ZPMH 4221-USR 4221 -SITE PLAN REVIEW 4221 -CHANGE OF ZONE 4221-PUD 4221-MINOR/MAJOR SUB # OF BUILDABLE LOTS 4221 -ADDITIONAL 30% FEE FOR SUB's 4221 -RE -SUBDIVISIONS 4221 -BOA 4221-ZPCV/Z AS 4430 -MAPS / POSTAGE 4430 -COPIES 4730 -INVESTIGATION FEE 6560 -RECORDING FEE ❑CASH 9 CHECK NO. ->DCREDIT CARD TOTAL FEE Receipted By: DL# Exp. • Plc April 7, 2011 Bruce Johnson 801 8th Street, Suite 220 Greeley, CO 80631 DEPARTMENT OF PLANNING SERVICES 1555 N 17th Ave Greeley, CO 80631 cgathman@co.weld.co.us PHONE: (970) 353-6100, Ext. 3540 FAX: (970) 304-6498 Re: Conditions of Approval: Recorded Exemption (RE -4906) Dear Mr. Johnson: On May 13, 2009 your application for a Recorded Exemption was administratively approved by the Weld County Department of Planning Services with specific Conditions of Approval. One of the required Conditions of Approval grants the applicants sixty (60) days to submit a Mylar Plat. In addition to the Mylar Plat all conditions outlined in the staff report needs to be completed. Should you choose not to complete the Recorded Exemption process and provide the required Mylar Plat, the Department of Planning Services will need to be notified in writing of your decision to withdraw the application. Planning Services Staff is aware of the difficulty and associated delays in meeting the Conditions of Approval normally associated with land use cases, and is willing to work with you in completing your request. Please notify the Department of Planning Services, in writing, within 10 working days of your decision to complete the Recorded Exemption within the next 60 days or withdraw. If you chose to withdraw the application please sign and date the enclosed form and return to the Weld County Department of Planning Services, Attn: Chris Gathman, 1555 N 17th Ave., Greeley, CO 80631. If you are unable to meet the Conditions of Approval and record the plat within 60 days of the date of this letter a hearing before the Weld County Board of County Commissioners is scheduled for Monday, June 13, 2011 at 9:00 am. The Board of County Commissioners meet at the Centennial Center, located at 915 10th Street, on the first floor. If you have further question, please contact me at the above address or call (970) 353-6100 x 3540. Sincerely, Chris Gathman Planner III • S April 7, 2011 Department of Planning Services Attn: Chris Gathman 1555 N. 17`" Ave Greeley, CO 80631 RE: Application — Recorded Exemption (RE -4906) Dear Mr. Gathman, We wish to withdraw our (Application). Thanks. Name date Name date • r Chris Gathman From: Sent: To: Subject: Scott, Chris Gathman Monday, April 04, 2011 9:38 AM 'Jasper Freese' RE -4906 (Johnson) plat Staff reviewed your latest version of the RE -4906 plat. Staff is agreeable with having a utility easement indicated on the plat subject to the following condition: 1) Remove the 9.19 foot flagpole for lot B and designate th ' utility easement along the eastern boundary of Lot A. No other changes are required. Let me know if you have any questions. Sincerely, Chris Gathman Planner III Weld County Department of Planning Services 1555 N. 17th Avenue, Greeley CO. 80631 Ph (970)353-6100 ext. 3537 Fax: (970)304-6498 ate-'• U W E ti�OU�N ut1_ Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. 1 • At% W1�Yc COLORADO DEPARTMENT OF PLANNING and BUILDING SERVICES Weld County Administrative Offices 918 10th Street Greeley CO 80631 WEBSITE: www.co.weld.co.us Phone (970) 353-6100, Ext. 3575 Applicant: Bruce Johnson March 31, 2009 Case Number: RE -4906 Project: Two -Lot Recorded Exemption Legal: Lot B of RE -3216; Part of NE4 of Section 32, T6N, R65W of the 6th P.M., Weld County, Colorado. Location: South of and adjacent to CR 64 (O Street); approximately 1500 feet west of CR 41. Parcel Number: 0803 32 100079 There are no building permits on record for this parcel. Prior to the start of construction, alterations or change of occupancy; 1 A building permit application must be completed, and two complete sets plans including engineered foundation plans, stamped and signed by a registered State of Colorado engineer shall be required. 2 A plan review must be approved and permit must be issued prior to the start of construction. 3 Setback and offset distances shall be determined by the 2006 International Building Code and Chapter 23 of the Weld County Code (Offset and setback distances are measured from the farthest projection from the structure). 4 Buildings located within a 100 year flood plain require a Flood Hazard Development Plan. 5 A letter is required from the fire district to ascertain if a FPD permit is required. Sincerely, Robert Powell Plans Examiner II Service, Teamwork, Integrity, Quality • • Chris Gathman From: Chris Gathman Sent: Wednesday, March 30, 2011 9:46 AM To: 'Jasper Freese' Subject: RE -4906 - Right-of-way & shared access easement questions Attachments: re4906.doc Scott, The RE -4906 staff comments are attached (70 -feet from centerline) is the requirement. In regards to the access easement — you have a point (the access easement language is indicated on the plat). My big question was how utility access will be provided to Lot B. This leaves the question on the flagpole (which you indicated is for waterline purposes). Since the flagpole was not shown in the original application submittal. Please have yourself or Mr. Johnson provide an explanation as to why this is proposed/needed and I can run this by staff. One question I would have (is this flagpole sufficient for all utilities running back to Lot B)? The typical minimum width for a flagpole is 30 - feet. Sincerely, Chris Gathman Planner III Weld County Department of Planning Services 1555 N. 17th Avenue, Greeley CO. 80631 Ph: (970)353-6100 ext. 3537 Fax: (970)304-6498 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. i S March 12, 2009 Department of Planning Services 918 10`h Street Greeley, Colorado 80631 TO WHOM IT MAY CONCERN: Please send all correspondence with applicant to: A. Bruce Johnson 801 8th Street, Suite 220-I Greeley, Colorado 80631 who is the applicant in this matter. If you need any further information, he will try to accommodate your reasonable requests. 1. Attached is a completed application (plus 15 copies) for 2 lot Recorded Exemption on property currently owned by A. Bruce Johnson, the applicant in this matter. Subject land is known as Parcel B of Recorded Exemption No. 0803 -32 -1 -RE -3216 being a part of the NE1/4, Section 32, Township 6 North, Range 65 West of the 6`h P.M. There are no buildings on the property. 2. Included is the original completed Recorded Exemption Questionnaire (plus 15 copies). 3. Attached is an 8 ''A" x 11" map (plus 15 copies) drawn to include the following items: a. North arrow b. Estimated boundaries of the property c. All existing and proposed lots and their approximate size. d. Easement and/or rights of way e. Name of existing roads or highways abutting the property f. Existing structures including: dwellings (NONE), outbuildings (NONE), pens (NONE), irrigation ditch (YES), oil and gas well production facilities (YES), or other unique characteristics (YES). 4. Included is the original Weld County Road Access information sheet (plus one copy) showing existing and proposed accesses and their purposes. 5. A copy of the deed identifying the applicant's interest in the property. • • 6. The attached is a North Weld County Water District letter which addresses the water availability for this application. 7. There are no existing homes. An ISDS permit will be required at such time a building permit is requested. 8. A copy of the Statement from the Weld County Treasurer showing no delinquent real estate taxes for 2008 is attached in the original packet. 9. The original Certificate of Conveyance form and attachments are included in the original packet. 10. An acreage waiver form is not applicable to this application. 11. A personal check for $1000 from applicant is included as payment of the application fee. 12. The recorded exemption plat (mylar) recording fee will be submitted at the time the mylar is submitted for recording. The mylar will be prepared according to Section 24-8-60 of the Weld County Code. Thank you for your assistance in this matter. Sincerely, Attachments: Application Questionnaire Map Weld County Road Access Information Sheet Certificate of Conveyance and Deed NWCWD Letter Real Estate Tax notice Check for Application Fee a. bruce 801 8th Street - Suite 220 �Greeley,Colorado80631 JOHNSON & ASSOCIATES (970, 356.6110 FAX (970) 352-8761 LAND RESOURCE SPECIALISTS RECEIVED March 11, 2011 Chris Gothman Department of Planning Services 1555 North 17th Avenue Greeley, Colorado 80631 Dear Chris: MAR 1 5 2011 Weld County :;;I,:ning Department GREELLY OFFICE This letter is to address the conditions of approval on RE 4906 dated May 12, 2009. First of all thank you for allowing this application to be open for so long, I really appreciate it. It appears to me that paragraph 1 regarding the Septic will occur with the building permit application. Paragraph 2 regarding topographic or physical does not appear to be an issue for the land is nearly flat. The items listed in paragraph 3 should appear on the survey plat under your review. However, I have a big problem with the 140 ft ROW for Road 64 on item E. This road dead ends at the airport with no traffic from the airport. My memory tells me this was changed. What can I do about it? As to the City of Greeley concerns in item F; I believe the visual impact is only directed toward US 85 bypass and should be addressed in the site plan and the building permit. I believe your Weld County standards are similar to those of the City of Greeley and are also controlled with the building permit and site plan. Item G; enclosed is a statement from the Weld County Treasurer regarding unpaid real estate taxes. If I can be of any further assistance, please let me know. Sincerely, Bruce Jo t}r on Enclosure Colorado -Nebraska -Wyoming • Farm & Ranch • Water Sales • Exchanges • Minerals • Consulting • • DATE: March 8, 2011 ljJ C. iCI C4'0 W 4) —S U U cc N Cs! 3 N N O -o O V w U > CO 0 L L Y C G >I OO O d L -a .1 N C ca E (19 L U C t "' • O m mco E • • N O O - O L N O .% O O m 8 O O a) • CO " m c M c O O N > y o • o.b .N d C 0c0 O O Cr O Cl) in 4. O N N N 41-2 a) m N o W taco. £ CD E 0 o cc CD CO < 'tax 00 C O Q J O a) N (15 J O O co d CO NP• CO - a CD O -O C O w m C O .• L., O C 0 O o C O 0O M CO M CU a O w Co O It) et C'J • o MEMORANDU TO: Leon Sievers DATE: March 8, 2011 FROM: Chris Gathman c2 94 WELD COUNTY PUBLIC' WO ;iK.S WEPT SUBJECT: Proposed modifications to RE -4906 easement (Johnson) Another easement question (I have been having a lot come up lately). I have a draft RE plat (RE - 4906) that refers to a 60 -foot joint access easement. I cannot tell how this access was created (I can see no reference on previous recorded exemptions that were done — see the 2 attached 8.5 x 11 maps). It refers to access only (no utilities). Question: Can a 30 -foot access and utility easement across Lot A for the Benefit of Lot A and B of RE -4606 be shown on the RE -4906 plat? 9931993 9NI939099 9"n x 9m93,NI9N3 m.m 9a..mm .313399 DNrn33NIaN3 3S33}/3 L4# '8'3'M '2 49# 'Ll'3'M Z9LZ ON 321 SMOISLAIN • r WIDc. COLORADO FAX TRANSMISSION WELD COUNTY DEPARTMENT OF PLANNING SERVICES 1555 N. 17TH AVENUE GREELEY, CO 80631 (970) 353-6100 EXT 3540 FAX (970) 304-6498 To: frace- ci5O5u77 Fax: $62-8'74./ From: 1 t,- ( - 357c/ Phone: ,356 --6a Subject. 471906 COMMENTS: Date: 2- 5-1/ Pages: , including cover sheet /�rGtCa"- `-71A-; /5 Ate Z / Se /01- /'nom 14't-eko- — Chris Gathman From: Sent: To: Subject: Bruce, Chris Gathman Thursday, August 19, 2010 11:23 AM 'abjoh nson@ctos.com' RE -4906 extension Tried to call earlier but no reception. I was going to put your letter in the file to document your extension request. For some reason I remember seeing your e-mail but now I cannot find it. Would you mind resending and I will place the letter in the file. Thanks, Chris Gathman Planner III Weld County Department of Planning Services 1555 N. 17th Avenue, Greeley CO. 80631 Ph: (970)353-6100 ext. 3537 Fax: (970)304-6498 1 a. bruce JOHNSON & ASSOCIATES LAND RESOURCE SPECIALIS'1S August 9, 2010 Chris Gathman, Planner Weld County Department of Planning 1555 N. 17th Avenue Greeley, Colorado 80631 8018th Street - Suite 220 Greeley, Colorado 80631 Q (970) 3666110 FAX (970) 382-8761 Re: Conditions of Approval: RE 4906 Dear Chris: I apologize for the late response to your letter dated July 20, 2010, I have been gone since July 12. The RE 4906 application was for a specific use by a purchaser for the specific property outlined in the application. They walked from the contract two months after the conditional approval was issued. Not because of the conditions but general economic conditions. They got "cold feet". Since that time two other groups have entered into various discussions on the site even to the point of negotiating contracts and then back out because of the economy. I am very aware that this application has been on hold for a long time and I appreciate it very much. However, because of the unstable economy and issues related thereto, I am requesting the Department of Planning extend the 30 days completion to 6 months. The survey has been nearly completed since the conditional approval. The other interested users have wanted to modify the drawing/plat. I assume other users would also want a modification and this I would prefer to extend completion rather than have to start over with an amended recorded exemption. Therefore, I would appreciate very much your cooperation in granting this extension. Looking forward to your cooperation in this matter. A. Bruce Johnson abjohnson(@,ctos.com Colorado -Nebraska -Wyoming • Farm & Ranch • Water Sales • Exchanges • Minerals • Consulting (7 - wile COLORADO July 20, 2010 Wake LLLP 801 8th Street No. 220 Greeley, CO. 80631 • DEPARTMENT OF PLANNING SERVICES 1555 N 17th Ave Greeley, CO 80631 cgathman@co.weld.co.us PHONE: (970) 353-6100, Ext. 3537 FAX: (970) 304-6498 Re: Conditions of Approval: Recorded Exemption 4906 (RE -4906) Dear Wake LLLP: On May 13 2009 your application for a recorded exemption was administratively approved by the Weld County Department of Planning Services with specific Conditions of Approval. One of the required Conditions of Approval grants the applicants sixty (60) days to submit a Mylar Plat. In addition to the Mylar Plat all conditions outlined in the staff report needs to be completed. Should you choose not to complete the Recorded Exemption process and provide the required Mylar Plat, the Department of Planning Services will need to be notified in writing of your decision to withdraw the application. Planning Services Staff is aware of the difficulty and associated delays in meeting the Conditions of Approval normally associated with land use cases, and is willing to work with you in completing your request. Please notify the Department of Planning Services, in writing, within 10 working days of your decision to complete the recorded exemption within the next 30 days or withdraw. If you chose to withdraw the application please sign and date the enclosed form and return to the Weld County Department of Planning Services, Attn: Chris Gathman, 1555 N 17th Ave., Greeley, CO 80631. If you are unable to meet the Conditions of Approval and record the plat within 30 days of the date of this letter your case will be scheduled for a hearing before the Weld County Board of County Commissioners If you have further question, please contact me at the above address or call (970) 353-6100 x 3537. Sincerely, Chris Gathman Planner III • DEPARTMENT OF PLANNING SERVICES NORTH OFFICE 918 10TH Street GREELEY, CO 80631 PHONE: (970) 353-6100, Ext. 3540 FAX: (970) 304-6498 WI�Yc COLORADO March 16, 2009 A. Bruce Johnson 801 8`" St, Ste 220 Greeley CO 80631 Subject: RE -4906 - A Recorded Exemption located on a parcel of land described as Lot B of RE -3216; Part of NE4 of Section 32, T6N, R65W of the 6th P.M., Weld County, Colorado. Dear Applicant: 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. It is the policy of Weld County to refer an application of this nature to any town or municipality lying within three miles of the property in question or if the property under consideration is located within the comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy of the submitted materials to the Greeley Planning Commission for their review and comments. It is recommended that you and/or a representative be in attendance at the Greeley Planning Commission meeting to answer any questions the Commission members may have with respect to your application. Please call Greeley at 970-350-9770, for further details regarding the date, time, and place of this meeting. If you have any questions concerning this matter, please call me. Sincerely, a"' At -- Chris Gathman Planner March 12, 2009 Department of Planning Services 918 10`h Street Greeley, Colorado 80631 TO WHOM IT MAY CONCERN: Please send all correspondence with applicant to: A. Bruce Johnson 801 8`h Street, Suite 220-I Greeley, Colorado 80631 who is the applicant in this matter. If you need any further information, he will try to accommodate your reasonable requests. 1. Attached is a completed application (plus 15 copies) for 2 lot Recorded Exemption on property currently owned by A. Bruce Johnson, the applicant in this matter. Subject land is known as Parcel B of Recorded Exemption No. 0803 -32 -1 -RE -3216 being a part of the NE1/4, Section 32, Township 6 North, Range 65 West of the 6th P.M. There are no buildings on the property. 2. Included is the original completed Recorded Exemption Questionnaire (plus 15 copies). 3. Attached is an 8'/z" x 11" map (plus 15 copies) drawn to include the following items: a. North arrow b. Estimated boundaries of the property c. All existing and proposed lots and their approximate size. d. Easement and/or rights of way e. Name of existing roads or highways abutting the property f. Existing structures including: dwellings (NONE), outbuildings (NONE), pens (NONE), irrigation ditch (YES), oil and gas well production facilities (YES), or other unique characteristics (YES). 4. Included is the original Weld County Road Access information sheet (plus one copy) showing existing and proposed accesses and their purposes. 5. A copy of the deed identifying the applicant's interest in the property. 6. The attached is a North Weld County Water District letter which addresses the water availability for this application. 7. There are no existing homes. An ISDS permit will be required at such time a building permit is requested. 8. A copy of the Statement from the Weld County Treasurer showing no delinquent real estate taxes for 2008 is attached in the original packet. 9. The original Certificate of Conveyance form and attachments are included in the original packet. 10. An acreage waiver form is not applicable to this application. 11. A personal check for $1000 from applicant is included as payment of the application fee. 12. The recorded exemption plat (mylar) recording fee will be submitted at the time the mylar is submitted for recording. The mylar will be prepared according to Section 24-8-60 of the Weld County Code. Thank you for your assistance in this matter. Sincerely, Attachments: Application Questionnaire Map Weld County Road Access Information Sheet Certificate of Conveyance and Deed NWCWD Letter Real Estate Tax notice Check for Application Fee Molt Willie COLORADO APPLICANT: Bruce Johnson CASE#: RE -4906 REQUEST: Two -Lot Recorded Exemption. LEGAL: Lot B of RE -3216; Part of NE4 32-6-65 LOCATION: south of and adjacent to CR 64 (O Street) and approximately 1,500 feet west of CR 41 PARCEL ID #: 080332100079 APPLICATION FLOW SHEET ACRES: +/- 14 acres Date B Application Received 3/13/09 Application Completed 3/16/09 Referrals listed 3/16/09 CG Vicinity map prepared File assembled 0/4e/t9 142 - Case logged in computer r Letter to applicant mailed L 2... Referrals mailed — Field check by DPS staff 5/ i 21 2cC7I co Administrative Review decision: rave_ 9 ( 3 (Lan Board of County Commissioners hearing (if applicable) County Commissioners Hearing Date Date B y Surrounding property owners notified Presentation prepared CC action: CC resolution received Plat recorded and filed Date Ott P // Overlay Districts ` _�,.4`` Zoning �jlWlw� %_b �j,$/� MUD Yes No X_ IGA Yes No X_ Airport Yes_X_No Geologic Yes No X_ Flood Hazard Yes No X_ Panel #080266 By � t — Coo jcL) ACCDSs yeovs:oiJ-)_ Ca.. tad II.. Ovu'la+► AGCA-5S C v�lrLstSµ"n^Zi- ver+ S?_Gkcck w/ LJ-ON s. i DEPARTMENT OF PLANNING SERVICES 1555 N. 17th Avenue, Greeley, Colorado 80631 Phone: (970) 353-6100 Ext. 3540 Fax (970) 304-6498 FOR PLANNING DEPARTMENT ONLY: RECEIPT/AMOUNT# /$ APPLICATION RECEIVED BY: DATE RECEIVED: CASE # ASSIGNED: PLANNER ASSIGNED: Parcel Number 080332100079 Legal description: Parcel B of RE No. 0803 -32 -1 -RE -3216 Section 32 T 6 N R 65 W of the 6th P.M., Weld County, Colorado 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 X FEE OWNER(S) OF THE PROPERTY: Name: A. Bruce Johnson Work Phone # 356-6110 Home Phone # Address: 801 8th Street, Suite #220 City/State/Zip Code Greeley, Colorado 80631 Email Address abiohnsonctos.com APPLICANT OR AUTHORIZED AGENT (See below: Authorization must accompany all applications signed by Authorized Agent) Name: Work Phone # Address: City/State/Zip Code FAX # Email Address Lot A Smaller Parcel Lot B Water Source Proposed NWCWD Proposed NWCWD Type of Sewer Proposed ISDS Proposed ISDS Proposed Use Industrial Industrial Acreage 4± acres 10± acres Existing Dwellings: If Yes, list address Below: No If Yes, list address Below: No If the property is vacant or unimproved write proposed water source and proposed sewer sy proposed state: proposed well, proposed septic. I (we), request that the following described be designated a Recorded Exemption by the Weld County Board of County Commissioners. I (We) hereby depose and state under penalties of perjury that all statements, proposals, and/or plans submitted with or contained within the application are true and correct to the best of my (our) knowledge. Signatures of all fee owners of property must sign this application. If an Authorized Agent signs, a letter of authorization from all fee owners must be included with this application. If a corporation is the fee owner, notarized evidence must be included showing the signatory has to legal authority to sign for the corporation. uthorized Agent Date A. Bye Johnson • S RECORDED EXEMPTION QUESTIONNAIRE 1. a. Domestic Water: The attached North Weld County Water District letter of service explains their position service availability for the proposed lots. The sufficient quality, quantity and dependability of this district has a long-time record. b. Irrigation Water: Irrigation water will remain with proposed lot B of the subject land with a small portion made available for landscape on proposed lot A. 2. Sewage Disposal: A septic disposal system approved by the Weld County Health Department will be required with a building permit when applicable. Owners of that lot shall meet those requirements at the time of building permit application. The soil of these lots are satisfactory for individual septic disposal systems. A septic permit is not appropriate at this time for the size of the building and number of people working therein are unknown. 3. Present Use of Property: The application parcel has historically been row irrigated farmland. There is an Oil and Gas producing well. An irrigation ditch is along the north boundary of the existing Lot and will be available to the proposed lots. The land was zoned I-3 in the early 1990's. 4. Description of Lots: The smaller lot will be approximately 4+ acres and the larger remainder lot will be 10± acres. The smaller lot will be located in the extreme north corner of the existing parcel. The existing concrete road from "O" street will continue to be used to access proposed lots A and B. 5. Unique Physical Characteristics: The property is relatively flat and slopes toward the south and then the SE corner along the south edge. The property is 1/2+ mile east of US 85 and on the south side of WCR 64. The land to the south, east and west and northwest is zoned industrial and north-northeast is rural residences and irrigated farmland. 6. Building Envelope: A site plan will be submitted to the Department of Planning prior to applying for a building permit and for proposed lot A probably prior to recording this RE application. 7. USR: There are no existing Use By Special Review permits on the property. • • 3-1764x1/1 R Carvkol �CPa141 IOV1 1/111,t3 fit mkt Sec. 32,Twp6V 1)96,5-u/ 674 RA :Irvr-T.AcIA; hk (Ali°V)A vK 3 20 O/G well SCor vi OV` /SNs,13' -- — —F Propoxri.. A 2,071 421- it5 Pcurcel 2£ 3 2./b c kla4ur&1 94Sj9/eflhdhe- Ne,/Cm/0 /Incs cclov\� Wck G cal c — M v �-� CArm pC • Weld County Treasurer Statement of Taxes Due Account Number R1447002 Parcel 080332100079 Assessed To WAKE LLLP 801 8 ST Na 220 GREELEY, CO 80631 Legal Description Sites Address PT NE4 32-6-65 LOT B REC EXEMPT RE -3216 Year 2010 Charges Tax Billed $158.13 Payments $0.00 Balance $158.13 Grand Total Due as of 04/08/2011 $158.13 Tax Billed at 2010 Rates for Tax Arca 0606 - 0606 Authority WELD COUNTY SCHOOL DIST q6 NORTHERN COLORADO WATER (NC EATON FIRE AIMS JUNIOR COLLEGE HIGH PLAINS LIBRARY Taxes Billed 2010 Credit Levy Mill Levy Amomrt Values 16.8040000" $36.13 AG -FLOOD 37.1040000 $79 77 IRRRIGATED LAND 1.0000000 $2.15 Total 9.0000000 6.3600000 3.2810000 $19.35 $13.67 $7.06 73.5490000 $158.13 Actual Assessed $7,415 $2,150 $7,415 $2,150 ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE LIENHOLDER OR TO ADVERTISING AND DISTRAINT WARRANT FEES. CHANGES MAY OCCUR AND THE TREASURER'S OFFICE WILL NEED TO BE CONTACTED PRIOR TO REMITTANCE AFTER THE FOLLOWING DATES: PERSONAL PROPERTY AND MOBILE HOMES - AUGUST 1, REAL PROPERTY - AUGUST 1. Weld County Treasurer • P.O. Box 458, Greeley CO 80632 • 1400 N 17th Ave, Greeley CO 80631 • (970) 353-3845 ext. 3290 Weld County Treasurer Statement of Taxes Due Account Number RI447002 Assessed To Parcel 080332100079 JOHNSON A BRUCE 801 8 STREET STE 220 GREELEY. CO 80631 Legal Description PT NE4 32-6-65 LOT B REC EXEMPT RE -3216 Situs Address Year 2008 Charges Tax Billed $139.41 Payments $139.41 Balance $0.00 Grand Total Due as of 03/12/2009 $0.00 Tax Billed at 2008 Rates for Tax Area 0606 - 0606 Authority WELD COUNTY SCHOOL DIST #6 NORTHERN COLORADO WATER (NC EATON FIRE AIMS JUNIOR COL HIGH PLAINS LIBRARY Taxes Billed 2008 * Credit Levy Mill Levy 16.804000* 36.600000 1.000000 9.000000 6.323000 3.260000 Amount Values $32.10 AG -FLOOD $69.90 IRRRIGATED LAND $1.91 Total $17.19 $12.08 $6.23 72.987000 $139.41 Actual Assessed $6,573 $1,910 $6,573 $1,910 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 Pursuant to the Weld County Subdivision Ordinance, the attached Statement(s) of Taxes Due, issued by the Weld County Treasurer, are evidence that, as of this date, all property taxes, special assessments and prior taxes liens currently due and payable connected with the parcel(s) identified therein have been paid in full. Signed cos DateblA t' i'Z1c Weld County Treasurer Statement of Taxes Due Account Number R1446902 Assessed To Parcel 080332100078 JOHNSON A BRUCE 801 8 STREET STE 220 GREELEY, CO 80631 Legal Description PT NE4 32-6-65 LOT A REC EXEMPT RE -3216 Situs Address Year 2008 Charges Tax Billed $139.41 Payments $0.00 Balance $139.41 Grand Total Due as of 03/12/2009 $139.41 Tax Billed at 2008 Rates for Tax Area 0606 -0606 Authority WELD COUNTY SCHOOL DIST #6 NORTHERN COLORADO WATER (NC EATON FIRE AIMS JUNIOR COL HIGH PLAINS LIBRARY Taxes Billed 2008 * Credit Levy Mill Levy 16.804000* 36.600000 1.000000 9.000000 6.323000 3.260000 Amount Values $32.10 AG -FLOOD $69.90 IRRRIGATED LAND $1.91 Total $17.19 S 12.08 86.23 72.987000 8139.41 Actual Assessed $6,573 $1,910 $6,573 $1,910 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 TREASURERS 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 Name: Bruce Johnson County _Attorney x Health Department _Extension Office Emergency Mgt Office - Ed Herring x Sheriffs Office x Public Works _Housing Authority x Airport Authority x 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 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 _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 REFERRAL LIST Towns & Cities Ault Berthoud _Brighton Dacono Eaton Erie Evans Firestone _Fort Lupton Frederick _Garden City Gilcrest x 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 ease #: RE -4906 Fire Districts Ault F-1 Berthoud F-2 Briggsdale F-24 Brighton F-3 x 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 - x NWCWD RR Ditch Company _Art Elmquist (MUD Area) Commissioner Name: REFERRAL LIST •se #: County _Attomey )(Health Department _Extension Office Emergency Mgt Office - Ed Herring )(Sheriffs Office LPublic Works Housing Authority X Airport Authority X_Building Inspection K Code Compliance S. -Beth 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) ?CNorth Hwy 66 (Greeley) _Division of Minerals/Geology Soil Conservation Districts _Big Thompson/ FTC Boulder Valley/Longmont _Brighton/SE Weld Centennial 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 X 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 AreaL Norc , Commissioner Fire Districts Ault F-1 Berthoud F-2 _Briggsdale F-24 _Brighton F-3 X 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? 7 P tt:1 • COLORADO • Weld County Referral March 16, 2009 The Weld County Department of Planning Services has received the following item for review: Applicant Bruce Johnson Case Number RE -4906 Please Reply By April 16, 2009 Planner Chris Gathman Project Two -Lot Recorded Exemption Legal Lot B of RE -3216; Part of NE4 of Section 32, T6N, R65W of the 6th P.M., Weld County, Colorado. Location South of and adjacent to CR 64 (O Street) and approximately 1,500 feet west of CR 41. For a more precise location, see legal. Parcel Number 0803 32 100079 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. p --See attached letter. ❑ Please notify me of any public hearings regarding this request. rinmmentc• Signature Agency 3 -3i -09 Date +Weld County Planning Dept. +918 10th Street Greeley, CO. 80631 +(970) 353-6100 ext.3540 ❖(970)304-6498 fax IIIIDe COLORADO • r Weld County Referral MAR 18 2009 March 16, 2009 The Weld County Department of Planning Services has received the following item for review: Applicant Bruce Johnson Case Number RE -4906 Please Reply By April 16, 2009 Planner Chris Gathman Project Two -Lot Recorded Exemption Legal Lot B of RE -3216; Part of NE4 of Section 32, T6N, R65W of the 6th P.M., Weld County, Colorado. Location South of and adjacent to CR 64 (O Street) and approximately 1,500 feet west of CR 41. For a more precise location, see legal. Parcel Number 0803 32 100079 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. nmmenta• Signature Agency 41 Lys la( Date •:• Weld County Planning Dept. 4918 10th Street Greeley, CO. 80631 :•(970) 353-6100 ext.3540 ❖(970)304-6498 fax COLORADO • MEMORAN D U"PV REELEY" FFIICErtmerd TO: Chris Gathman, Planning Services APR 15 7nnq RECEVED DATE: April 13, 2009 FROM: Matt F iggs, Public Works, and Don Dunker, P.E., C.F.M., Public Works 4 SUBJECT: RE -4906, Bruce Johnson The Weld County Public Works Department has reviewed this proposal. Our comments and requirements are as follows: COMMENTS: Weld County Road Classification Plan (FHU): (June 2002) WCR 64 is a major arterial road and requires a 140 -foot right-of-way at full build out. There is presently a 60 -foot right-of-way. This road is maintained by Weld County. Pursuant to the definition of SETBACK in the Weld County Zoning (23-1-90), the required setback is measured from the future right-of-way line. The most current road count for WCR 64 is 867 AADT taken in October of 2005. REQUIREMENTS: No additional private residential accesses shall be allowed onto roadways classified as arterial. The applicant shall utilize the existing joint residential/agricultural access to this parcel. The applicant shall place on the plat drawing: 30 -foot access easement across Lot A for the benefit of Lot B on case RE -4906. The applicant shall reserve or dedicate an additional 40 -foot right-of-way parallel to the WCR 64 right-of-way for future build out. Please indicate the correct roadway names on the final plat. Pursuant to Chapter 15, Articles I and II of the Weld County Code, if noxious weeds exist on the property or become established as a result of the proposed development, the applicant/landowner shall be responsible for controlling the noxious weeds. This area is not within a Special Flood Hazard Area (SFHA) as determined by the Federal Emergency Management Agency (FEMA). pc: RE -4906 file M:\PLANNING - DEVELOPMENT REVIEW\RE-Recorded Exemption \RE-4906.doc WELD COUNTY ROAD ACCESS INFORMATION SHEET Weld County Department of Public Works 111 H St PO Box 758 Greeley CO 80632 Phone: (970 )356-4000 x3750 Fax: (970) 304-6497 Road File#: Date' March 12, 2009 RE#: 1. Applicant Name A. Bruce Johnson Address 801 8th Street, #220 City Greeley State CC) Zip Rn631 2. Address or Location of Access Section 32 Township 6N Range 65W Subdivision Block Lot Weld County Road #' 64 Side of Road S Distance from nearest intersection 2000 ft West of WCR 39 3. Is there an existing access to the property? Yes X No # of Accesses 1 Other Case #: Phone 970-356-6110 Varant _Land 4. Proposed Use: 4XPermanent *XAgricultural *Xlndustrial ( Temporary ( Subdivision ( Commercial (X Other Oil & Gas ******************************************************************************************************************************* 5. Site Sketch Legend for Access Description: AG RES O&G D.R. 0 A = Agricultural = Residential = Oil &Gas = Ditch Road = House = Shed = Proposed Access = Existing Access OFFICE USE ONLY: O&G tl- Ag Industrial Road ADT Date Accidents Date Road ADT Date Accidents Date Drainage Requirement Culvert Size Length Special Conditions Installation Authorized ❑ Information Insufficient Reviewed By: Title (7 ( • • WELD COUNTY ROAD ACCESS INFORMATION SHEET Weld County Department of Public Works 111 H St PO Box 758 Greeley CO 80632 Phone: (970 )356-4000 x3750 Fax: (970) 304-6497 Road File#: Date'. March 12, 2009 RE # : Other Case #: 1. Applicant Name A. Bruce Johnson Address 801 8th Street. #220 City r;reel(fly Staten) Zip 80631 2. Address or Location of Access \Lar•ant Lana Section 32 Township 6N Range 65W Subdivision Block Lot Weld County Road # 64 Side of Road S Distance from nearest intersection 2000 ft West of WCR 39 3. Is there an existing access to the property? Yes x No # of Accesses 1 Phone 970-356-6110 4. Proposed Use: *XPermanent XXAgricultural TXlndustrial ( Temporary ( Subdivision ( Commercial ( Other Oil. & Gas ******************************************************************************************************************************* 5. Site Sketch Legend for Access Description: AG = Agricultural RES = Residential O&G = Oil & Gas D.R. = Ditch Road O = House O = Shed A = Proposed Access + = Existing Access N OFFICE USE ONLY: 1' 0&G I- A Industrial 4 Road ADT Date Accidents Date Road ADT Date Accidents Date Drainage Requirement Culvert Size Length Special Conditions ❑ Installation Authorized El Information Insufficient Reviewed By: Title �( • • Weld County Planning Department GREELEY OFFICE tiOttt WI�'Pc COLORADO tC c ! Memorandum TO: Chris Gathman, W.C. Planning DATE: April 15, 2009 FROM: Mary Cavnah, W.C. Department of Public Health and Environment CASE NO.: RE -4906 NAME: Johnson Environmental Health Services has reviewed this proposal to exempt 4 acres from a 14 acre site. Proposed lot A will consist of 4 acres and proposed lot B will consist of 10 acres. Both proposed parcels are currently vacant. The proposed parcels will be served by individual sewage disposal systems and North Weld County Water District when residences 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 system(s) 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. Additionally, please note the following: 1. Topographic or physical features of the proposed lot, such as ravines, ditches, streams, etc. may limit the area available for a new or replacement septic system. Prior to recording the plat the Division recommends that the applicants review the County Code pertaining to Septic Systems to assure that any installed septic system will comply with all setback requirements found in the Code. In the event the proposed lot is not of sufficient size to allow the installation of a septic system the lot may be need to be enlarged. (O Aiett • COLORADO • Weld County Referral March 16, 2009 The Weld County Department of Planning Services has received the following item for review: Applicant Bruce Johnson Case Number RE -4906 Please Reply By April 16, 2009 Planner Chris Gathman Project Two -Lot Recorded Exemption Legal Lot B of RE -3216; Part of NE4 of Section 32, T6N, R65W of the 6th P.M., Weld County, Colorado. Location South of and adjacent to CR 64 (O Street) and approximately 1,500 feet west of CR 41. For a more precise location, see legal. Parcel Number 0803 32 100079 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. ❑ 1e -have reviewed the request and find that it does / does not comply with our Comprehensive Plan zit 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. rnmm nts. 1,/g•n /%natc) Zit (14Apeis41 am th.,1_40 Signature Agency 5-17-69 Date ,Weld County Planning Dept. 4.918 10th Street Greeley, CO. 80631 •9(970) 353-6100 ext.3540 4(970)304-6498 fax nev wumq I ,onnnit3 vopunuiauI GREELEY OFFICE 00)fr lURe COLORADO • • CHAR 1q ?Me RfCWeld County ne rrai March 16, 2009 The Weld County Department of Planning Services has received the following item for review: Applicant Bruce Johnson Case Number RE -4906 Please Reply By April 16, 2009 Planner Chris Gathman Project Two -Lot Recorded Exemption Legal Lot B of RE -3216; Part of NE4 of Section 32, T6N, R65W of the 6th P.M., Weld County, Colorado. Location South of and adjacent to CR 64 (O Street) and approximately 1,500 feet west of CR 41. For a more precise location, see legal. Parcel Number 0803 32 100079 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. Cl Please notify me of any public hearings regarding this request. f:nmmentr Signature Agency _5-/71..c/e./-7 -A 5//7. Date :•Weld County Planning Dept. :•918 10th Street Greeley, CO. 80631 4(970) 353-6100 ext.3540 ❖(970)304-6498 fax • Weld County Referral March 16, 2009 The Weld County Department of Planning Services has received the following item for review: Applicant Bruce Johnson Case Number RE -4906 Please Reply By April 16, 2009 Planner Chris Gathman Project Two -Lot Recorded Exemption Legal Lot B of RE -3216; Part of NE4 of Section 32, T6N, R65W of the 6th P.M., Weld County, Colorado. Location South of and adjacent to CR 64 (O Street) and approximately 1,500 feet west of CR 41. For a more precise location, see legal. Parcel Number 0803 32 100079 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. ktvj, z, FreAy^.-9 ac -s ,Ann new Signature Agency (rvz-2-/2/, lOu /V eeiit y 29/f�drt Date :•Weld County Planning Dept. 0918 10th Street Greeley, CO. 80631 O(970) 353-6100 ext.3540 4(970)304-6498 fax Greeley-WelPCounty Airport www.gxynet March 30, 2009 Weld County Department of Planning Services Mr. Chris Gathman, Planner 918 10th Street Greeley, CO 80631 RE: Weld County Referral — Case No. RE -4906 Dear Mr. Gathman, The Greeley -Weld County Airport Authority has reviewed the subject referral and offers the following Comments: This proposed Two -Lot Recorded Exemption is located just within the Airport Zoning Overlay District, as adopted by Weld County Ordinance, and the Airport Influence Area, as depicted in the 2004 Greeley -Weld County Airport Master Plan. The Runway Zoning Overlay District will probably not be affected, because this area concerns the height of structures. Any future structure proposed on this property could be subject to an FAA Aeronautical Study under Part 77 of the Code of Federal Regulations. Although the Authority has no specific objection to this Two -Lot Recorded Exemption, its proximity to the airport and location within the above noted areas should be documented for the record with the current and any future property owners. It is recommended that statements concerning the proximity to these areas be included on any final plat recorded for this property. If you have any further questions, please contact me at (970) 336-3002. Sincerely, /4.,. 7g-Lid4-? Kevin M. Freiberg, C.M. Assistant Manager P.O. Box 727 • Greeley, CO 80632-0727 G Greeley Phone: 970.336.3000 • Fax: 970.336.3030 Since —BrandoiIGossard Planner /, Cir,�of/Vy/ �� G reelCVColorado Great. From the Ground Up. April 8, 2009 Chris Gathman Weld County Planning Department 918 10th Street Greeley, Colorado 80631 Subject: RE -4906 Dear Mr. Gathman, Weld County Planning Department GREELEY OFFICE APR 1070118 RECEIVED Thank you for the opportunity to comment on this Recorded Exemption. The City of Greeley has reviewed the application from Bruce Johnson and wish to forward the attached review comments from City staff. The City would like to forward the included comments, recommendations, and advisory statements to Weld County. With the enclosed comments satisfactorily addressed the City can recommend approval of the proposed Recorded Exemption to Weld County. If any questions should arise please feel free to 5ontact me at (970) 350-9824. cc: Rocky Keeth, Staff Engineer Attachment Community Development -Planning Division • 1100 10th Street, Ste. 202, Greeley, CO 80631 • (970) 350-9780 Fax (970) 350-9800 We promise to preserve and improve the quality of life for Greeley through timely, courteous and cost-effective service. • • Entryway Page Growth Page Land Use Page Project Review Comments Date: 4/8/2009 Project Name: WCR 8:09 Location: S. of O St. & 1500 feet W. of CR 41 Reviewed By: Brandon Gossard Phone: ( ) 350-9824 Submittal Date 3/27/2009 Department Planning City ID# 1672 Submittal #: 1 ❑ New ❑ New ❑ New Right-of-way Page ❑ New This property is located along a major corridor into and through the City of Greeley, particular attention should be paid to mitigate the visual impacts of any proposed development. The subject site is located entirely within the City of Greeley's Long Range Expected Growth Area (LREGA). Any development on the site should be designed in such a manner that it is compatiblewith City standards and an urban level of development. The proposed use categories proposed on the site are in line with land uses called out for the area on the City of Greeley's "Land Use Guidance Map" adopted as a part of the 2060 Comprehensive Plan. This area is targeted for Industrial development, as such, adequate right-of-way should be dedicated at this time so necessary street improvements can be constructed when needed to increase service to the area. Wednesday, April 08, 2009 Page 1 alt • • General Page Traffic Page Project Review Comments Project Name: WCR 8:09 Location: S. of O St. & 1500 feet W. of CR 41 Reviewed By: Submittal Date Date: 4/8/2009 Rocky Keeth Phone: ( ) 336-4175 3/27/2009 Department Eng Development Review City ID# 1672 Submittal #: 1 ❑ New Please briefly state the purpose for dividing the lots. ❑ Advisory Plan shows a shared 60' concreter road/drive. Will both proposed lot A and B share the access with the adjacent lot. A shared access is needed to meet City design Criteria for a minor arterial. ❑ Advisory The site sits within the Greeley Long Range Expected Growth Area. The Greeley 2020 Comprehensive Transportation Plan has designated this section of 0 Street as a minor arterial. The City recommends providing right-of-way (ROW) at this time. City ROW for a minor arterial is 110'. Please provide 1/2 of the ROW (55') from the section line. Wednesday, April 08, 2009 Page 2 of 2 COLORADO i GREELEY OFFICE •'t32 ) 0?lr1S RECEIVED Weld County Referral March 16, 2009 The Weld County Department of Planning Services has received the following item for review: Applicant Bruce Johnson Case Number RE -4906 Please Reply By April 16, 2009 Planner Chris Gathman Project Two -Lot Recorded Exemption Legal Lot B of RE -3216; Part of NE4 of Section 32, T6N, R65W of the 6th P.M., Weld County, Colorado. Location South of and adjacent to CR 64 (O Street) and approximately 1,500 feet west of CR 41. For a more precise location, see legal. Parcel Number 0803 32 100079 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 t, We have reviewed the request and find no conflicts with our interests. ❑ See attached letter. 0 Please notify me of any public hearings regarding this request. r.nmmentc• Signature Agency B m u 1I\r-- idoreW W,IdI L%) Date ❖Weld County Planning Dept. :•918 101h Street Greeley, CO. 80631 ❖(970) 353-6100 ext.3540 ❖(970)304-6498 fax • • CERTIFICATE OF CONVEYANCES STATE OF COLORADO COUNTY OF WELD WELD COUNTY DEPARTMENT OF PLANNING SERVICES The UNIFIED TITLE COMPANY OF NORTHERN COLORADO hereby certifies that it has made a careful search of its records, and finds the following conveyances affecting the real estate described herein since August 30, 1972, and the most recent deed recorded prior to August 30, 1972. LEGAL DESCRIPTION: Lot B of Recorded Exemption No. 0803 -32 -1 -RE -3216 recorded January 7, 2002 at Reception No. 2914851, being a part of Section 32, Township 6 North Range 65 West of the 6th P.M., COUNTY OF WELD, STATE OF COLORADO. CONVEYANCES (if none pi ppear, so state): Reception No. 3541522// , Book Reception No. 3423093 V , Book Reception No. 3411014 , Book Reception No. 2283311 , Book 1331 Reception No. 1846858 , Book 925 Reception No. 1828328 , Book 906 Reception No. 1586591 , Book 665 Reception No. 1586626 I , Book 665 Reception No. 1431278 J , Book 509 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 Title and the liability of UNIFIED TITLE COMPANY OF NORTHERN COLORADO, is hereby limited to the fee paid for this Certificate. In Witness whereof, UNIFIED TITLE COMPANY OF NORTHERN COLORADO, has caused this certificate to be signed by its proper officer this 26 day of February, 2009, at 5:00 p.m. Company: UNIFIED TITLE COMPANY OF NORTHERN COLORADO By: Unified Title Company 3690 W. 10th Street, 2nd Floor Greeley, CO 80634 Authorized Signature 1111111 Ilfl�111 IIII 11111111111111111 III 11111 IIII IIII • 3541522 03/13/2008 04:49P Weld County, CO 1 of 2 R 11.00 D 0.00 Steve Moreno Clerk & Recorder SPECIAL WARRANTY DEED THIS SPECIAL WARRANTY DEED, made this la day of February, 2008, between Herman Leroy Johnson Trust created by the Last Will and Testament of Herman Leroy Johnson dated June 8, 1973, whose address is 801 8th Street, Suite 220, Greeley, CO 80631, grantor and A Bruce Johnson, whose address is 801 80' Street, Suite 220, Greeley, CO 80631, as grantee. The terms "grantor" and "grantee" include the respective heirs, successors, successors -in -title, legal representatives and assigns of the parties where the context requires or permits. Grantor, for and in consideration of the sum of Ten and no/100 Dollars ($10.00) paid at and before the sealing and delivery of this instrument, and for other valuable consideration, the receipt and sufficiency of which is acknowledged, hereby sells and conveys to grantee, all of grantor's right, title and interest in all of that certain tract or parcel of land lying and being in W'e1d County, Colorado, as more particularly described as follows: Parcel "A" and Parcel "B" of Recorded Exemption No. 0803 -32 -1 -RE -3216 Recorded January 7, 2002 at Reception No. 2914851. Reserving unto Grantor all oil, gas, and other minerals of whatsoever kind or character in, on, under and that may be produced from the above described lands together with the right of ingress and egress. To have and to hold the property, together with all and singular the rights and appurtenances thereof, to the same belonging or in any way appertaining, for the use and benefit of grantee in fee simple. This deed is made expressly subject to those matters of public record. Subject only to the title matters set forth above, grantor will warrant and forever defend the right and title to the tract or parcel of land described above to the grantee against the claims of all persons claiming by, through or under grantor, and not otherwise. 1 11111111111111111 111111111 11111111111 11111111IIII mil l 3541522 03/1312008 04:49? Weld County, CO 2 of 2 R 11.00 D 0.00 Steve Moreno Clerk & Recorder IN WITNESS OF THE ABOVE, grantor has signed, sealed and delivered this deed on the date written above. HERMAN LEROY JOHNSON TRUST By Arruce Johnson, Trustee STATE OF COLORADO ) ) ss. COUNTY OF WELD The foregoing instrument was acknowledged before me this 1g day of February, 2008 by A. Bruce Johnson , as Trustee of the Herman Leroy Johnson Trust. WITNESS my hand and oticial seal. L/ Iyfy commission expires: II D/ it Nc \ Cr/r..••• ,c • 1 11 11 11111 11111 IIII?II 11111 1111111III 111111111 lilt • 093 3411014 08/10/2006 0311P Weld County, CO 1 of 2 R 11.00 D 0.00 Steve Moreno Clerk & Recorder n14 SPECIAL WARRANTY DEED CORRECTED DEED THIS SPECIAL WARRANTY DEED, made thiaQday of June, 2006, between J. Quarter Circle Co., whose address is 801 8th Street, Suite 220, Greeley, CO 80631, grantor, and Herman Leroy Johnson Trust created by the Last Will and Testament of Herman Leroy Johnson dated June 8, 1973, whose address is 801 8`h Street, Suite 220, Greeley, CO 80631, grantee. (The terms "grantor" and "grantee" include the respective heirs, successors, successors -in -title, legal representatives and assigns of the parties where the context requires or permits.) Grantor, for and in consideration of the sum of Ten and no/100 Dollars ($10.00) paid at and before the sealing and delivery of this instrument, and for other valuable consideration, the receipt and sufficiency of which is acknowledged, hereby sells and conveys to grantee, all of grantor's right, title and interest in all of that certain tract or parcel of land lying and being in Weld County, Colorado, as more particularly described as follows: The Northwest Quarter (NW''A) of Section Twenty -Four (24), Township Six (6) North, Range Sixty -Five (65) West of the 6th P.M., containing 160 acres, more or less, according to the U.S. Government Survey thereof; together with sixteen (16) shares of the capital stock of The New Cache la Poudre Irrigating Company, sixteen (16) shares of the capital stock of The Cache la Poudre Reservoir Company, together with easements, rights of way and rights in lateral ditches however evidenced for the purpose of carrying said water to said land; and also together with three (3) wells and one (1) floatpump well with pumping plants, motors and equipment therefore AND A portion of Lot B of Recorded Exemption No. 0803 -32 -1 -RE -2762, recorded September 8, 2000 at Reception No. 2792659, being a part of the Northeast Quarter of Section 32, Township 6 North, Range 65 West of the 6th P.M., County of Weld, Sate of Colorado, specifically described as Parcel "A" and Parcel "B" of Recorded Exemption n85NNo. 0803 -32 -1 -RE -3216 Recorded January 7, 2002 at Reception No. ZZ To have and to hold the property, together with all and singular the rights and appurtenances thereof, to the same belonging or in any way appertaining, for the use and benefit of grantee in fee simple. This deed is made expressly subject to those matters of public record. Subject only to the title matters set forth above, grantor will warrant and forever defend the right and title to the tract or parcel of land described above to the grantee against the claims of all persons claiming by, through or under grantor, and not otherwise. 1 11 1111 1 111 1 11 11111111 11111 11111111 11 111 1 1111 III I 3423093 09(28/2006 01:39P Weld County, CO 1 of 2 R 11.00 0 0.00 Steve Moreno Clerk & Recorder • 1111111 I11111111111111 11111111111111111III 1111111111111 3411014 08/10/2006 03:21P Weld County, CO 2 of 2 R 11.00 D 0.00 Steve Moreno Clerk & Retype'"" ., I IN WITNESS OF THE AB 1V€; granter hasc d, sealed and delivered this deed on the L'. date written above. J J. Quarter Circle Co. By: — �: 4e oni Name: Jotjcc. E Nnl Sot-) Title: pre-6i'dchit STATE OF COLORADO ) ) ss. COUNTY OF Li d ) The foregoing instrument was acknowledged before me this at) day of 3lun e _ 2006, by cYpyLa £, fle\ion ,as Pre sic\cr) of J. Quarter Circle Co. WITNESS my hand and official seal. My commission expires: f \oxG'i \s, U ) Nc 1I11II 1IIIi IIIII 111111111111 IIIII IIIII III HIS III 3423093 09/28/2006 01:39P Weld County, CO 2 of 2 R 11.00 D 0.00 Steve Moreno Clerk & Recorder 2 tary Public AR2283311 B 1331 .02283311 04/06/92 10:18 *5 1/001 P 0749 ANN PEDERSTEIN CLERK f RECORDERWNW CO, CO PERSONAL DEED (Rase Estate) THIS DEED is made by A. Dann Johoaon anti gertli n M .Tohncse armorial Repracmatrvsfhe Estate of Ronan 7rT.j• Tnhncrrn , deceased. GilamcrS to J Otarim ri trio M a rnlnrnrin .ri..n .Cana. wimp legal addmss is P.O. Bon 747. Eaton. Colorado ROAM dale *County of Weld .and state or aed° WHEREAS, the Last Will ad'@stament tithe above -named deep -cot was made aid eseemed in the lifetime tithe decedent. and is dated Junes 19 _73_ . which Will was duly admitted tolto Q Conformal) prom on March 20 191` 1 • by the nierri..r Caw in and ferdm y� shtedCom do.LhwhateNo.i i WHEREAS. aalo t y appoiOteNi euma3 Reps vat said Estates wand. 2 19_97._ . and 66w qualified and aping in said capacity NOW. THEREFORE. pursuant to the powers contemn( epee Gramodry the Colorado Probate Code. C7amoalaec hereby SI. convey. assign. transfer and set over moo said Grata fm ' (for aid in cowsidetatn of other good and valuable consideration and tat sad, nn/i00 Dallas?' (Weld ?'thefol nalproperty situate in du County of An undivided one -bah£ (3/2) interest in lot A of remanded Exemption No. 0803 -32- 1 -RE -25, recorded in Rook 686 as Reception No. 1607802, being part of the North Half )3/2) of Section Thirty -bit (32), 9oonship Six (6) North, Range Sixty-five (65) West of the 6th P.M., 'D3ESHER with decreed irrigation well, Peep, and Limping plant located thereon, and all other water and water rights appurtenant thereto. • With all appur.sables to mvaants.easmaaesadrestrictionsdmmd.modmbjecttogeaeratpmprayruses for the year 19 S2.. and sirbjea to natters of record. Executed FPhnn'ry 77 .19 9Z_ STATE OF COLORADO COUNTY OF WED The foregoing instrument was actrowledged before me this _AL day et /ad hv. . Bruce Johnson and 9hrlmt M Schwan, net oar h of A. Brun: CP:Pitnon1 ROmmYheS doe bad Rennin renew John-gen 16 RepitaematiSSaf the Estate of Penmen toRy J°hncrm Winans my had and official seal. My commission expires: 0.ee0..,'rt. 3, Azoi CIAIMI. imat 'Gtr me. �{l. nf61e1.91Rd Deceased . Deceased. CFCA.I0,.U.57. reemwLQeosatafWtVtSamfoQmi wsrmanmmn.170lam S.. Dammeow- moan= -Sr ' ' -cDfnmisSftm xpires My, ) October •e, Wifness In and and official seat. pe Gee Boot 4-o OH- 925 Recorded at L clock Reception No. 1846S50 LOIS LOREE STEELE and RON E. MARCELLUS, as Trustee for TERRI SUE MARCELLUS whose address is Weld County, Colorado M, N..1...3.198i t Recorder. o-.6. 1308 Stover, Fort Collins, County of Larimer , State of Colorado , for the consideration of Ten Dollars and other valuable considerations dlp), in hand paid, hereby sell(s) and convey(s) to J QUARTER CIRCLE CO., a Colorado Corporation Stale Documentary Fes Dose JAN 1 31981 I 6. 75 whose legal address is C/o Herman Leroy Johnson, P.O. Box Weld , and State of Colorado 747, EatonCounty of the following real property in the County of Weld . and State of Colorado, to wit: An undivided 1/2 interest in Lot "A" of Recorded Exemption No. 0803 -32 -1 -RE -25, recorded in Book 686 as Reception No. 1607802, being part of the N 1/2 of Section 32, Township 6 North, Range 65 West of the 6th P.M., TOGETHER WITH decreed irrigation well, pump and pumping plant located thereo, and all other water and water rights appurtenant thereto. also known as street and number with all its appurtenances, and warrant(s) the title to the same, subject to 1981 taxes, payable in 1982 and all subsequent taxes and assessments, prior patent and mineral reservations, if any, rights of way, roads, and easements in place or of record. Signed this 12th day of January 19 81 ��_ „ STATE OF COLORADO, .J'�•••aCounty of Larimer }Ss. L Lo teele on E. arcel us, as Trustee for Terri Sue Marcellus � thftfii^ goi8g,instrument was acknowledged before me this 12th i !flay ofv. ,19 81 .by Lois Loree Stee e and , as Trustee for llus Ron E. Marce Terri Sue 27, 1984 E. Fischer NotaryPublic NO. 897. Warranty Deed —Short poem_BradfordPublishing Co. 15165 West 44th Aven.,e. Golden. Cotoredo wW,— riTh 27[.0644-10-t0 < e� t906 Rec. No. _.._._._ Oe..JUN 2 5 1980 1828328 t..le ate." tiw -47 State of Colorado, Weld County Clerk & Recorder PERSONAL REPRESENTATIVE'S DEED (TESTATE ESTATE) THIS DEED is made by Representative of the Estate of 4lxlttex)**, deceased, Grantor, to address is LOIS L0REE STEELE CORA JANE MARCELLUS RON E. MARCELLIS ac 8700 Norwich, Westminster, CO as Personal Trnstne fnr ,Grantee, whose TERRI SUE MARCELLUS WHEREAS, the above -named decedent in his lifetime made and executed his Last Will and Testament dated_ April919 .L, which Will was duly admitted to(lGlma(informal) probate on October 12 ,19 79 ,by the _ District Court in and for the _County of Adams - ,and State ofColorado, Probate No. 72 -PR 265.; WHEREAS, Grantor was duly appointed Personal Representative of said Estate on October 12 119 79 , and is now qualified and acting in said capacity. on NOW, THEREFORE, pursuant to the powers conferred upGrantor by the Colorado Probate Code, Grantor does hereby sell, convey, assign, transfer and set over unto Grantee xiioxeoint tx Xlt'9Ft161[1CiWt xai�fAMIISeCett xx�,c� xxxxxxxxxxxx:Doiiaverre(As the person entitled to distribution of the property under the above captioned Willr the following described real property situate in the__ _County of Weld State of Colorado: Twenty-five percent (25%) interest in Lot A of recorded exemption No. 0803 -32 -1 -RE 25 recorded in Book 686 at Reception No. 1607802, Weld County Records, being part of the N 1/2 of Section 32, Town- ship 6 North, Range 65 West of the 6th P.M., Weld County, Colorado, containing 47.170 acres, more or less also known as street and number With all appurtenances, free and clear of liens and encumbrances, except: none As used herein, the singular includes the plural and the masculine gender the feminine and neuter genders as the context may require. Executed June 24 , 19 80 STATE OF COLORADO COUNTY OF LARIMER as Personal Representative of the Estate of CORA JANE MARCELLUS *Mx fho1 nird rit* Deceased }SS. The foregoing instrument was acknowledged before me this 24th day of June ,1980 ,by LOIS LOREE STEELE as Personal Representative of the Estate of CORA JANE MARCELLUS �E'ffg4ifi IJ14fDeceased. irtne-t uyh,and and official seal. ;:11�yemmais$iongxpires: October 25, 1980. 4K* -4 -- ttike as reef eti **St4ilr;it ltree4ent was married. If stricken, consult Colorado Statutes regarding homestead ex6rapfigns�fbr possible requirement of a Deed from surviving spouse. Notary P lie CPC 46. Personal Representatives Deed (Testate.-aradrm-d 1•ul lie6lu¢r,, 121_p;S,,„' se,,..,, De,..-,. c•,i,,,.ado— Fit In In r BOOK 665 ;D: )14). MAR291972 4e. W 15�` A.. us Yens EXECUTOR'S DEED UNDER PAYE& THIS DEED, made March a O , 1972, by and between Herman LeRoy Johnson, as Executor of the Estate of Harry Clark, deceased, grantor; and Herman LeRoy Johnson and Lois Loree Steele, as Trustees under the Last Will and Testament of the said Harry Clark, deceased, of the County of Wild, State of Colorado, grantees, WITNESSETH: THAT, WHEREAS, grantor is the qualified Executor under the Last Will and Testament of the above -named decedent, which was admitted to probate on September 29, 1970, by the District Court in and for the County of Weld, State of Colorado, Estate No. P-11787; and WHEREAS, paragraph VIIl.A. of said Last Will and Testament provides as follows: "VIII.A. I hereby authorize and empower my Executor to sell and dispose of all or any of the real and/or personal estate of which I may die seized and po d, except the Home Farm described in Paragraphs III.C.1. and V.B.1. of this my Will, at public or private sale, at such time or times and upon such terms and conditions as said Executor may deem meet and proper and without obtaining order or orders of Court therefor or thereafter obtaining order or orders of Court approving such sale or sales, and to execute, acknowledge and deliver all proper writings, deeds, con- veyances, 1 , assignments and transfers therefor.• AND, WHEREAS, under the provisions of the Last Will and Testament of Harry Clark, deceased, it is provided that the real estate pass to Herman LeRoy Johnson and Lois Loree Steele as Trustees, pursuant to the trust provisions of said Last Will and Testament of Harry Clark, deceased, and in this Executor's Deed it is intended to confirm and carry out the provisions and direc- tions contained in said Last Will and Testament, subject to the provisions of said Will. NOW, THEREFORE, pursuant to the power contained in said Will and in confirmation of the provisions of said Will, the grantor does ,P0K 665 1586591 hereby sell and convey unto the grantees the following described 8 _A real property situate in the County of Weld, State of Colorado, to -wit: Name Pare - All tint put ef Section Steen (11), to..sship Seven (7) NsrCh; Danga Sixty -Pisa (65) West of the Sth RI., lying south and east of the Larimer and Meld Cesal a d south of the Per Par Lateral, excepting therefrom however, all that pert of the Southwest Quarter of the Southwest Quarter (8114O4) of Section Eighteen (U), Township Seven (7) North, Ranee Sixty -Five (65) Most of the 6th P.M., lying south of the Lorimer and Weld Canal, and further pespting therefrom all that part of the Southwest Quarter (SWI%) of Section Eighteen (18),Tuwnship Seven (7) Nsrih, Range Sixty-five (65) lest of the 6th P.M., as described in deed recorded in Seek 1543,Page 047, Meld Catty Records. All that part of the Northeast Quarter (is) anti the Southeast Quarter (SO) of Section the6th P.M., , lying y gsSiu South ad So right North, waeSixty-Five hLaar mar and WeldWest f Irrigation Company's canal es set constructed, and North of the right of way of the For Far Lateral end last of the Clark Like or Eaten Reservoir as now chartered, end the right ad way of outlet of same to the county • reed em the east; else that pest of the Southeast Quarter (SE%) of Section Eighteen (18), Tewnshie Sews (7) Werth, Renee Sixty-five (65) West of the 6th P.M. lying South of'Clash We or Eaton Reservoir, north of the For Par Lateral ditch and Set of the outlet of the reservoir, Also the Northeast Quarter (R#) of Section Nineteen (19), Warship Seven (7) North, Ranee Sixty -Five (65) Meet of the 6th P.M., excepting therefrom however, a parcel of loud deeeribed is deed recorded in Rook 1253, Page 25, Weld Catty ssewb, aad further excepting a parcel of land described in deed recorded isle& 1543, Page 407, Weld County Records. Also the Eaten Reservoir with its inlet andeutlet ditches, said reservoir being located upon poetises ef the Nertheast Quarter (NE}) and of the teeth Nall of the Southeast "mutter (11%U1) of Section Eighteen (18), Togablp Seven (7) the 6th P.M. Also a parcel of Meath, land theinRange Sixtp-Five (65) West Southeast Quarter(SPA) ofof Section Nineteen (19), Tawnhip Seven (7) North, Range Sixty -Five (65) West of the 6th P.N., described as follows: Segimaimg at a point ea the North line of said SEh, whicb point is distant 2035 feet set of the northeast corner thereof, themes South 37:6• West a distance of 1061.5 feet to a point on the west line of said SE4f. thence North 05S feet along said West line to the northwest corner of said Elk, thence South 89' East • distance of 638.5 feet along the North line of said SS; to the place of beginning. A parcel of land in the Northeast Quarter of the Northwest Quarter (NE4MWk) of Section Nineteen (19), township Swan (7) North, Range Sixty -Five (65) West of the 6th P.M., described as fellows: De$Letisg at the northeast rosin of said land, thence rosiSouth 59'32 West (Variation 14'30' East) a distance of 522 feet; thence South S1'42' East a distance of 60 feet; thence South 37'00' East a distance of 70 feet; thence South 25' 32' East a distance of 390 feet; thence South 33'49' Last a distance of 357 feet; thence South 37'34' Rest a distance of 146 feet to the East line of said land; thence North 1'30' West a distance of 852 feet along the East line of said land to the place of beginning, All being in Weld County, Colorado. Together with 2 shares of the capital stock of The Lorimer and weld Irrigation Gm4any, 2 shares of the capital stock of the Lorimer and Weld Reservoir Company, 2 shares of the capital stock of The Windsor Reservoir and Canal Company, and 2 shares of the capital stock of the For Far Lateral Company, and together with all right title, and interest in and to those certain irrigation wells and Sub- terranean Weter Priorities adjudicated by the District Court of Lorimer County. Colorado, in case #11217 dated September 10, 1953. and recorded in Book 1406 at Page 385, weld County, Colorado records as follows: Priority Number 133SW dated March 31, 1927 is the -animist of 1.77 c.f.s. and Priority Number 166 SW dated North 31, 1939 in the ammo* of 1.11 e.t.a., said irrigation wells alai having Nele � in the office of The State Engineer of The State of �medters R-1635 and 1,-1636 respectively, and Om e1i0EspK� acre Pest units of water from Northern Colorado Mater a v nay District. Igo Property - an undivided 1/2 in and to the Northeast Quarter of the Northwest Quarter ), the Northman Quarter of the Northeast Quarter .000 R,ls ' 1 aat 2 K the Ser<tbesst Quarter of the Northwest Quarts!!'• al* Nail a the Southwest Quarter of the ,N .. t enek l ). MRtb Nall of the South Half of the SoutkmeNdt, , Nertisust Quarter (NliS4SMiME%), all is k ct `Thirty -wawa (N2 , l..w ut Six (6) North, Range Sixty -tin (r)YSet at �i P.it., else a strip 111 feet North and South by eel feet and Neat as described in Rook 292, ryr-270, Meld A smarting therefrom those parts thereat heeyratsrs ceati!'ed A' tends recorded is look 531, Rseeptien No. 2453124, in Reek 533, leeoatiss No. 1454642 and in Reek 59$, leceptiaa no. 1519523, geld County Records. with all appurtenances. EXECUTtD the day and year first above written. STATE OP COLORADO) COUNTY OP WELD ) 55. e�y on As Executor of the Estate of Harry Clark, Deceased. The foregoing instrument was acknowledged before me this _ _- day of March, 1972, by Herman LeRoy Johnson, as Executor of the Estate of Harry Clark, Deceased. WITNESS MY HAND and official seal. MY COMMISSION expires 72-09:4-14-1" a 7 /9 %S . Notary Public VD H 'o .o w Oft - lost n. .r 1 s siessi � PP 2' 172 • iallillaestiis mess lfis // -I LAST WILL AND TESTAMENT PRORATE ORDER BOOK 8 DOCUMENT NO. .17 I, HARRY CLARK, of Weld County, Colorado, being of full and legal age, of sound and disposing mind and memory, and under no duress or constraint, do hereby make, publish and declare this to be my Last Will and Testament, hereby revoking any and all other Wills and Codicils to Wills heretofore by me at any time made; that is to say: I. I direct that all of my just debts, claims and demands allowed by the Court and funeral expenses be paid out of my estate as soon as con- veniently may be after my decease. II. I give and bequeath to my wife, Irene N. Clark, if she survives me, all of my furniture, household goods, furnishings, equipment and appliances, all personal effects, and any automobiles I may own at the time of my death; and in the event my said wife should predecease me, then I give and bequeath all of said property to my two daughters, Lois Loree Steele and Cora Jane Marcellus, or the survivor of that, in equal shares. III. In the event•my wife, Irene N. Clark, shall survive me for a period of thirty days from the date of my death: A. I direct my Executor to set aside a portion of my estate equal in value to one -calf of my "Adjusted Cross Estate" as presently defined for Federal Estate Tax purposes and which said portion shall qualify for the marital deduction under the United States Revenue Code, less the value of any and all interest in properties which pass or have passed to my wife under other paragraphs of this my Will or otherwise than under this Will, but only to the extent that such interests are, Y 3I7r r•..rt.•.r tI 1. 1 Nr‘e- .14E 1586626 "-a for the purposes of Federal Estate Tax Law, included in determining my gross taxable estate and allowable as a marital deduction; provided, how- ever, there shall not be deducted from said portion of my estate so set aside for my said wife, any estate, inheritance,- transfer, legacy or succession taxes. I give, devise and bequeath the said above described portion of my estate to Herman LeRoy Johnson and Lois Loree Steele, IN TRUST, nevertheless, for mywife, ife, Irene N. Clark, if she survives me. In making distribution in satisfaction of the bequest and devise under this Paragraph III. of my Will, I direct the representative of my estate to select property for such distribution in such manner as to have an aggregate fair value fairly representative of the appreciation or de- preciation in the value to the date or dates of each distribution of all property then available for distribution. B. My Trustees shall hold, manage, invest and reinvest, and pay all the income therefrom in installments not less often than annually to my wife, Irene N. Clark, for and during the term of her natural life, and, in the event my said Trustees, in their sole discretion shall de- termine that the income from this Trust, together with any outside income or resources she may have, shall at any time be insufficient to adequately support and maintain my said wife in the manner to which she is accustomed and according to her needs and station in life, then my said Trustees shall apply the use of, or pay over to my said wife, such sum or sums out of the corpus of this Trust as may be necessary, in my Trustees' sole discretion, to enable her to live in the aforementioned standard and manner. C. Upon the death of my wife, the entire remaining principal and uncollected or undistributed income of this Trust shall be paid over, delivered, assigned, transferred or conveyed to and among such appointee or appointees (including her estate) and in such proportions as she shall 2. PROBATE ORDER B�O�O� DOCUMENT NO,. "`'�- =-� . 665 1506626 )I-3 direct by her Will, making specific reference to this power. In dis- posing of this property my Trustees, or the survivor thereof, shall be protected in relying upon an instrument admitted to probate in any jurisdiction as the Will of my wife, or in acting upon the presumption that if my Trustees, or the survivor thereof, shall not have received notice of the existence of any Will left by her within three months after her death, she had died intestate and had not exercised this power of appointment, and in event my said wife does not make disposition thereof in her lifetime or by Will, then any property remaining in said Trust shall be distributed as folio's; 1. To my daughter, Lois Loree Steele, all land and interests therein standing in my name, known as the Home Farm, and located in Sections Eighteen (18) and Nineteen (19), Township Seven (7) North, Range Sixty-five (65) West of the 6th P.H., Weld County, Colorado, together with all water, water rights and ditch rights or easements used on connection with or appurtenant to such real estate; 2. To my daughter, Cora Jane Harcellus, all of my interest in The Northeast Quarter (NE4) of the Northwest Quarter , the Northwest Quarter (NW}) of the Northeast Quarter (E}), Lots One (1) and Two (2) of the Southeast Quarter (SEl)-of the Northwest Quarter (NW+), the North Half (N4) of the Southwest Quarter (SW}) of the Northeast Quarter fle; ), the North Half (Nlj) of the South Half (54) of the Southwest Quarter (SW%) of the Northeast Quarter (NE}),all in Section Thirty-two (32), Township Six (6) North, Range Sixty-five (65) West of the 6th P.H.; also a strip 18 feet wide North and South by 600 feet long East and West as described in Deed recorded in Book 292, -Page 270, Weld County Records, all in Weld County, Colorado, together with all water, water rights and ditch rights or easements used in con- nection with or appurtenant to said real estate; 3. All the rest, residue and remainder of said Trust to my two daughters, Lois Loree Steele and Cora Jane Harcellus, or the survivor thereof, in equal shares; 4. In the event either of my said two daughters should die prior to the termination of this Trust, leaving a child or children, either natural and/or adopted, surviving the termination of said Trust, such child or children of my said daughters shall take collectively, -in equal shares, the portion of said Trust his, her or their mother'sould have taken if living. rr^"ATE CP^rr r 7OK YS 3. r Cl Se - v41 158662€ 11-'4 IV. I give, devise and bequeath all of the rest, residue and re- mainder of my estate of whatsoever nature or description, whether real, personal or mixed and wheresoever situate of which I may die seized and possessed or to which I may be entitled at the time of my death, to my said Trustees, IN TRUST, for my wife, Irene N. Clark, for the uses and purposes and under the terms and conditions as specifically set forth in Paragraph X. of this my Will. V. The portion of my estate which I give, devise and bequeath to my Trustees IN TRUST for my wife, Irene N. Clark, as provided in Paragraph IV. Of this my Will, is so devised and bequeathed for the hereinafter mentioned uses and purposes and with the hereinafter mentioned powers, duties and obligations, to -wit: A. My Trustees shall hold, menage, invest and reinvest, and pay all of the income therefrom, in installments not less often than annually, to my wife, Irene N. Clark, for and during the term of her natural life, and, in the event my said Trustees, in their sole dis- cretion, shall determine that the income from this Trust, together with any outside income•or resources she may have, shall at any time be in- sufficient to adequately support and maintain my said wife in the mummer to which she is accustomed and according to her needs and station in life, then my said Trustees shall apply the use of, or pay over to my said wife, such sum or sums out of the corpus of this Trust as may be necessary, in my Trustees' sole discretion, to enable her to live in the afore- mentioned standard and manner. B. This Trust shall terminate upon the death of my wife, Irene N. Clark, and my Trustees, or the survivor thereof, shall there- upon distribute the remaining Trust Funds, together with any undistributed income thereon, in cash and/or in kind as follows: 1 I. PROMTE ORDER BOOK 6 DOCUMENT NO.. D. tie v 1- "` 665 1586626 11-6 1. To my daughter, Lois Loree Steele, all land and interests therein standing in my name, known as the Home Farm, and lo- cated in Sections Eighteen (18) and Nineteen (19), Township Seven (7) North, Range Sixty-five (65) West of the 6th P.M., Weld County, Colorado, together with all water, water rights and ditch rights or easements used in correction with or appurtenant to such real estate; 2. To my daughter, Cora Jane Marcellus, all of my interest in The Northeast Quarter (NEB) of the Northwest Quarter (NW4), the Northwest Quarter (NW3/4) of the Northeast Quarter (NE}), Lots One (1) and Two (2) of the Southeast Quarter (SEA) of the Northwest Quarter (NW'), the North Half (Mk) of the Southwest Quarter (SWIr) of the Northeast Quarter the North Half (Ni) of the South Half (Si) of the Southwest Quarter (SW4) of the Northeast Quarter (NE%), all in Section -"Thirty-two (32), Township Six (6) North, Range Sixty-five (65) West of the 6th P.M.; also a strip 18 feet wide North and South by 600 feet long East and West as described in Deed recorded in Book 292, Page 270, Weld County Records, all in Weld County, Colorado, together with all water, water rights and ditch rights or easements used in connection with or appurtenant to said real estate;. 3. All the rest,_residue and remainder of said Trust to my two daughters, Lois Loree Steele and Cora Jane Marcellue, or the survivor thereof, in equal shares; 4. In the event either of my said two daughters should die prior to the termination of this Trust, leaving a child or children, either natural and/or adopted, surviving the termination of said Trust, such child or children of my said daughters shall take collectively, in equal shares, the portion of said Trust his, her or their mother wand have taken if living. i VI. In connection with the devise which I have made to my deter, Lois Loree Steele, I ask that she give such consideration as she deems advisable to the fact that I have three grandchildren by my deceased daughter, Elsie Marjorie Shutt, to -wit: Barbara Loree Shutt, Sally ionise Shutt and Clark Tebbetts Shutt, and it is my hope and desire that w 5. CDOLA'.:r_, .e.:` PRO ATE ORDER BOOK 6 •oac 665 1586626 'I-6 daughter will make such provision, distribution or care for such grand- children as in her sole, exclusive .md uncontrolled discretion she shall think proper. However, it shall be clearly understood that I do not impose any restraints or limitations upon the devise made to my daughter and she shall be under no obligation to make any provision whatsoever for my said grandchildren unless in her ,judgment and discretion she shall deem it necessary or advisable and my expressions herein shall be precatory in nature only. VII. I hereby name, constitute and appoint Herman LeRoy Johnson to be the Executor of this my Last Will and Testament, and I direct that he not be required to give bond for the proper discharge of his duties as such. VIII. A. I hereby authorize and empower my Executor to sell and dis- pose of all_or any of the real and/or personal estate of which I may die seized and possessed, except. the Hone Farm described in Paragraphs III.C.1. and V.B.1. of this my Will, at public or private sale, at such time or times and upon such terms and conditions as said Executor may deem meet dnd proper and without obtaining order or orders of Court therefor or thereafter obtaining order or orders of Court approving such sale or sales, and to execute, acknowledge and deliver all proper writ- ings, deeds, conveyances, leases, assignments and transfers therefor, B. My Executor shall have full power and authority to hold and retain unsold any and all assets contained in my estate for such time as said Executor may deem wise, without liability for depreciation in the market value thereof and whether or not such asset or assets may be permissible as investments for Executors under the Laws of the State of Colorado. C. My Executor shall have the same additional powers, without obtaining order or orders of Court either permitting the same or PRORATE ORDER BOOK S 6. ; ; i N'J.:._.7C I . `evie 2- 1586626 //-'7 thereafter approving or confirming the same, as specifically set forth as powers for my Trustees in Paragraph X. of this my Will. IX. I direct that my Executor shall pay out of my residuary estate without any right of reimbursement, all estate, inheritance and succession taxes, and all other governmental charges which may be assessed against any gift made by me under this Will and which may be determined to be due against any property transferred by me during my lifetime and against all property owned by me and any other person as tenants by the entirety or as joint tenants with the right of survivorship and passing at the time of my death to such surviving tenant by reason of such owner- ship, and also any such taxes or other governmental charges as shall be assessed against any insurance issued on my life payable to named bene- ficiaries, it being my intention that all property passing under this Will, except that passing as my residuary estate, and all property pass- ing at my death to a survivor by reason of ownership as joint tenants with right of survivorship and the proceeds of all life -insurance pay- able to a named beneficiary, shall paps undiminished by any such taxes or charges. X. My Trustees shall have, by way of illustration and not of limi- tation, the following general powers, and shall be subject to the following duties and obligations, to -wit: 1. Compromise and Settle Claims. My Trustees have the power to compromise, adjust, arbitratesue on or defend, abandon or otherwise deal with and settle claims in favor of or against the re- spective Trusts as the Trustees may deem best, and their decision shall be conclusive. 2. }Execution of instruments. My Trustees may execute and deliver all agreements, assignments, bills of sale, contracts, deeds, notes, power of attorney, receipts, and any and all other instruments in writing necessary or appropriate for the administration of my Trust Estates; and authority herein granted no hse,iva,corthepora tion or tor transfer power agent need or nw� look beyond the Trustees so to act. PROLATE ORDER BOOK I ' 7. OC.cuMzNT NO. ._-a PO - 010 665 158662 IA- g_ 3. May Sell and Lease. My Trustees may sell or lease, without any order of Court, upon such terms and conditions as to them may seem beet, any property, real or personal, included in the Trust Estate, except the Home Farm described in Paragraphs III.C.1. and V.B.1. of this my Will; and no purchaser or lessee shall be required to see to the application of the proceeds from such sale or sales. 4. Employ Agents and Professional Representatives. Hy Trustees may employ and compensate, out of the principal or income of said Trusts, as to them may seem proper, agents, accountants, brokers, attorneys and assistants deemed by them to be necessary or proper for the defense and administration of said Trusts, without liability for any neglect, omission, misconduct, mistake or default of any agent, broker, accountant, attorney or assistant selected or retained with reasonable care. S. Validity of Trustees' Acts. No one dealing with the Trustees need inquire concerning the validity of anything they may purport to do, nor see to the application of any money paid or property transferred to or upon the order of the Trustees. 6. Rely Upon Evidence. The Trustees are given authority rely upon any affidavit, certificate, letter, notice, telegram or other paper or upon any telephone conversation believed by them to be genuine, and upon any other evidence believed by them to be sufficient, and to be protected sad. saved harmless ie y1 payments or distributions required to be made hereunder if made in good faith and without actual notice or knowledge of the changed condition or status of any person receiving payments or other distributions upon a condition. 7. Assets may be Distributed in Cash and/or in Kind. At and upon thetermination of the Trusts herein created, the Trustees, or the survivor thereof, in their discretion in making distribution to any beneficiary under said Trusts, may turn over and deliver the assets in their hands in cash or in kind or in cash and kind, and the distribution made by said Trustees as aforesaid shall be final and conclusive. 8. Protective Provisions. The interest of any beneficiary in the income or principal of said Trusts shall not be subject to assign- ment or aliehnation, and shall be free from the control or interference of any creditor of a beneficiary or any spouse of a married beneficiary; and none of the Trust property, nor interest nor income therefrom, nor any additions, increases, accretions or accumulations thereof shall ever be subject to judgments, executions, attachments or any other judicial process or be made subject to or appropriated or taken in any manner for any debts or obligations or demands upon any beneficiary of said Trusts, or, in any manner or at all, treated, considered or held to be property, money or income of any beneficiary; and no beneficiary of said Trusts shall have any power or control over said Trust property or the funds thereof, or any part thereof, by way of anticipation of the same or otherwise, and said Trust property and funds and all income and interest therefrom and all additions, increases and accumulations thereof shell not be pledged, assigned, disposed of or parted with, by anticipation or otherwise, in any manner, so long as the same, or any part thereof, shall remain in the hands of the Trustees; and no beneficiary of said Trusts shall be vested with any right, title or interest in either the principal or income of said Trust property or funds, or any part theseod, -1 prior to the time that the same may be paid over to such beneficiary, in accordance with the provisions of this my Will. 8. PROBATE OMER BOOK 6 '1586626 - 9. No Reports to Court. No court Orders. No Bond or Surety. Hy Trustees shall handle and manage my Trust Estates bequeathed and delivered to them as in this Will provided, without bond or bonds and without the necessity, at any time, of reporting their acts or doings to any Court or' Courts or obtaining any order or orders from any Court or Courts permitting the exercise of any right, power or authority herein conferred upon or granted to them, or thereafter obtaining -any order or orders of Court approving or confirming the same. 10. Broad Rights, Authority and Discretion. I have given to and conferred upon my Trustees broad rights, authority and discretion in the handling, management and disposition of my Trust Estates. It is my will that my Trustees shall always be guided and governed by what shall be deemed by them to be for the best interests of my Trust Estates and the beneficiaries thereof; end the exercise of any right, power, duty, authority and/or discretion herein granted and conferred to or upon my said Trustees shall be final, conclusive and binding upon the beneficiaries of said Trusts; and said Trustees shall not be held accountable, responsible or liable for any acts done or performed under the powers and rights herein granted or conferred, save and except for fraud and negligence. IN WITNESS kKEREOF, I have hereunto subscribed my name pand -Affixed my seal at Greeley, Weld County, Colorado, this ,21,171 day of November, A.D. 1965. (SEAL) The above and foregoing instrument, consisting of nine (9) sheets, with this sheet, was, by Harry Clark, the above named testator, signed, sealed, published and declared as and for his Last Will and Testament, in the presence of us and each of us; and we, then and there, at his request and in his presence and in the presence of each other, believing said testator to be of full and legal age, of sound mind and memory and under no duress or constraint, have hereto subscribed our names as attesting witnesses thereto, this gig day of November, A.D. 1965. 7ereC> e z Lt 1/, 0-(.�t� 9. "r.�.J1!Tx' ccram, car! r • of Greeley, Colorado of Greeley, Colorado of Greeley, Colorado FILED IN Dr3Tfl CT COURT WILD CO.. COLS x...•1)197 WAY r 1 an -wcv. nw OROCII AOMITTI iO WILL TO IWOOAT[- 1 C hintirticargir coiIRT loose 665 ReeaLJ i Baer__.. r ev,ATE ORDER BOOK 6 '70 SEP Z� Y1 JR j lejiz 7 _ b.:CUMENT NO. / �S r mkt IN THE DISTRICT COURT, IN PRORATI, MA STATE 01' COLORADO. County of._ WELD tat IN THE NATTER OP THE PROBATE OF THE LAST WILL AND TESTAMENT OT HARRY CLARK, DECaAQD Order i N to ?mute Now on this day, pursuant to order heretofore made is this matter, comes on for bearing the probate of an instrument in writing, heretofore filed in this Court, purporting to be the Last W ll and Testament ilknantraiWILZOIRSof said deceased. AND IT APPEARING TO THE COURT from the records and Lies basin that citation ha been duly served on, or service has been waived by, all necessary parties a provided by law and order of this Court; that lawfully sufficient testimony, proofs and evidence have been pros eitMdt and it satlsfectorily appearing therefrom that the said instrument in writing >GeztWO4 i n rrramlrwa Ilffiliffiexecnted. declared, and attested as provided by law a aid decedent's Last Will and Testament and that said decedent was eighteen years of age or older and of sound mind and man -.e , at the time the same was executed, declared and attested; and no had, compulsion or other improper conduct being exhibited, and the Court being now sufficiently advised in the premises, IT IS THEREFORE ORDERED, ADJUDGED AND DECREED, That the said will limes SzlaMdfbe and the same is 'Est hereby admitted to probate and record. IT IS FURTHERw7R fO�R�DERED, That upon taking and filing the statutorystatutoryoath of t or Vw L alas rte — eenditioised-arreqsaired bya.w) that letters testamentary bete to. Herman LeRoy Johnson the eseentQt_ named in said will; and now having so taken and filed the aid oath Amel4werige +hiakria•a.,. sdiy IL am* it is therefore ordered that the said Islam isme to and that the same be filed and entered of record. IT IS FURTHER ORDERED, That said Herman LeRoy Johnson publish a Notice to Creditors a provided by law, said notice to be published at leaatawa a ma during each of four successive calendar weeks la The Greeley Daily Tribune ■ newspaper printed and published in said Weld Dace in open Court this_ .0�..79� day af, ' eaji ST TES Count. 'Lee aaa inn w tans. LETTERS TESTAMENTAR' ' AO`AIHISTRAT ION. CONSERVATORSHIP, GOAL NSNIP, ITC. SOCK 665 STATE OF COLORADO, Iss. Coven or Wean 19, --the Matter of the Emote all HARRY CLARK, 1V"v`^-- FILED ii} tilrill'.;CT COURT _.y_ I. ,I WELo Cn i•.rr, COLORADO In the District Court 10 SEP 29 1W 1 •:F1S1/7r7 NARY CLERK CO NEL s TESTAMENTARY Ofi Deceased PR ATE ORDER GOOSE 6 DOCUMFJ4T NO. /- g 7 The People of the State of Colorado, to all whom these Presents shall cacee GRELTINGS: KNOW YE, That whereas, at the January Term, A.D. 1919._. of the District Court of said Casty, hoiden at the City of Greeley, in said County, - IICS'Alsn..J&RQY Johnson M rid County, w as on the car 7— day of ..�„ f ._ , A. D. 19_.7_0_., by an order of said Court made amid entered of record; duly appointed ._._.._Exec utor of the estate of who* HarryClarka••Deceaseds_ departed this life on or about September 4, 1970. NOW, TEIEREFORE, We do hereby constitute and appoint the said Herman LeRoy Johnson to be rr Clark Deceased. of the elute of the yi1.-,: _�'_....._...L i" OCT CO Executor ;o - Merit Clerk of thesaidDistrict Court of Weld County, at her office In Greeley in s�id Coulayameimaii. ..day of. 441h -roue/ , A. D. 19...7.Q...., and the meal at / said Court ' �e into affiaedr // N NTY. w►RY K By STATE OF COLORADO, L - Cotntn or Wan I, Marytie Last M. Connell, Clerk of the District Court of said County, do is a full and t1Lac o Will. said. .Taste asnt and Order Mari copy 8 my properly remaining and that laid _letters are at this date and have been ever since the date of issuance in full force and effect. , SE1't i %n3�heve:l of said Court, this . 29th day of Plstroh A.D. 19.72._4 is Ira TY\�., By r °Deloarted thi. Its. en the__..__._—_ day d _ was ediedgsd to be meatal y tit ea the day d or tea minor. or Is a mentally competent aence. as the one may ►t LA IL, ey La HENRY J. IGO and IDA J. IGO what address is 1220 Cooper Avenue Glenwood Springs,ado onnt Coof lorGarfield ,and State of Colorado ,for the consideration of other valuable considerations and $20,000.00 dollars, in hand paid, hereby sell(') and convey(') to HARRY CLARK and HERMAN LE ROY JOHNSON whose address is Weld Greeley ,and State of Colorado County of the following real property in the County of Weld , and State of Colorado, to -wit: h Northern Colorado Water Conservancy District, West Greeley Soil Conservation District: Northeast quarter of Northwest quarter (NE4 NW4), Northwest quarter of Northeast quarter (NW4 NE4), Lots one (1) and two (2) of South- east quarter of Northwest quarter (SE4 Wks), North half of South' west quarter of Northeast quarter (Nh SW4 NE4), North half of South half of Southwest quarter of Northeast quarter (N4 S4 SW4 NE4' all in Section 32, Township 6 North Range 65 West; also a strip eighteen (18) feet wide north and south by six hundred (600) feet long east and west as described in deed in Book 292, page 270, Weld County records, except and subject to rights of way for state highways, county roads, electric lines, Union Pacific Railroad and existing ditches; intending to convey all the sellers' existing titles on lands in said section, together with water right by fifty (50) acre feet water allotment of record attached to said land and shares of stock in companies by eleven (11) shares of The New Cache la Poudre Irrigating Company, twelve (12) shares of The Cache la Poudre Reservoir Company, one (1) share of The Windsor Reservoir and Canal Company, eleven (11) shares of The Free Church L Arils tl ^om Tela tigligti gRyf ll, and pumping plant on sai jfl HQnB `A�9t phi R% i E' fie, subject to 1964 water assessments and 1964 taxes, crop share lease for 1964 to Al Schoneman, lessors obligations of which shall be borne by the second parties. Said water allotment is from Northern Colorado Water Conservancy District. ate Signed this 10th day of March • 19 STATE OF COLORADO County of Weld Tit foregoMg instrument was acknowledged before me this 10th LL Wec ,19B4 ,by Henry J. Igo and Ida Igo Q4jk� n °. cRpppugS expires fury 30 Witness hied hnd official seal ^'5 27 C.19 0t'‘XeL awtWpwesi—If by natural pores or person here insert name or naves: If by perroa acting in repeewatatr a official capacity or as attorney -In -tact. they. losert name of person as executor, attorneTln-fact or other smelt, or Ysesi► yon. II byaofficerlof corporation, then Insert same of suet officer or officers, as the president or other anew. of net car. Na, 597. Rarer sees —sheet tens —See. 114411 r arse Mil. —Drafralb riara Pierre Crass. IRON err Rent. Dewar. Calera / i»inn35 ox,.es s 0591 x Sxie33M9N3 ocreamoo 0,0 ONIX3?NI9N3 3S33/1 ErIR i 59 595 N 4541 Jo mod 001955105 an« 50 woos..�exe �.�� '1'lb# 'il'7'M Td b/1 21'O'od ,xaswe 9lZ£ oN 3b _— .o9szci CCLO9Z 3,8 ISDW11VZ9.30 SISV BOARD OF DIRECTORS CHARLES ACHZIGER RALPH PRIOR JOHN JOHNSON CE BUCK RINEHART NELS NELSON March 12, 2009 A. Bruce Johnson 801 8th Street, Suite 220 Greeley, CO 80631 970.396.8577 NORTH WELD C5UNTY WATER DISTRICT 33247 HIGHWAY 85 • LUCERNE, CO 80646 DON POSSELT, DISTRICT MANAGER P.O. BOX 56 • PHONE (970) 356-3020 • FAX (970) 395-0997 www.nwcwd.org • e-mail: water@nwcwd.org This letter is in response to your inquiry regarding water service to the following described property, Approx.400 O Street, Proposed Lot A and Approx. 440 O Street, Proposed Lot B in a portion of the NE Y of Section 32, T6N, R65W of the 6th Prime Meridian. Parcel 080332100079 1. Water Service is presently being provided to the above mentioned property through meter it 2. North Weld County Water District is able and intends to provide water service to the above -mentioned property, provided all requirements of the District are satisfied. If contracts have not been completed with North Weld County Water District within one year from the date of this letter, the District may refuse to supply water to the above -mentioned property. The District reserves this right to refuse service, in the event that raw water is unavailable, and /or pipeline or Filter Plant capacity is not capable to provide additional service. Before a water tap may be purchased, the applicant must provide a copy of a Warranty Deed, a Physical Address, and this letter. 3. As additional consideration for this Letter of Intent to provide service, Property Owner agrees to sign and execute any necessary Easements and Rights -of -Way regarding specific locations, widths, size of pipeline(s) and descriptions for Water Lines as determined by the District. This Agreement is conditional upon execution and recording of the Easement and Right -of -Way Agreement, and until such Easement and Right -of -Way Agreement is finalized to the satisfaction of the District and recorded, District shall not be required to provide any services of any type. 4. The District requests that for any County Process, including but not limited to a Recorded Exemption (RE), Subdivision Exemption (SE), Use by Special Review (USR), Planned Unit Development (PUD), Minor Subdivision or Off -Site Construction Plans within Weld or Larimer County that the respective County place North Weld County Water District on the referral list. Furthermore, the District requests that the applicant submit the plat to North Weld County Water District for review prior to submitting the plat to the County for filing. The District may need additional waterline easement(s) or waterline improvements to provide service to the parcels being created or modified. If the plat is recorded without District approval, additional easements may have to be recorded and/or additional waterline improvements will need to be constructed in order to maintain or establish new water service(s). 5. The District recommends that based on the number of family members and livestock along with other information provided in the Water Tap Request Form, your irrigated landscaping square footage not exceed approx. 6,000 square feet. The recommendation is based on the Full Standard Tap allocation and should be utilized to optimize delivery without surcharge. Additional allocation should be purchased for landscaping areas larger than the recommended area. 6. The District recommends that anticipated raw water be purchased through the District. The District guarantees treatment and delivery of raw water purchased. All water that is delivered over the allocation (with surcharge) is subject to water availability. Water purchased through the District shall be 70% delivery of an Acre -Foot of water, if the allotment for Colorado -Big Thompson (CBT) project water, which is determined by the Northern Colorado Water Conservancy District, is 50% or greater. North Weld County Water District will restrict the delivery as necessary when the CBT allotment is less than 50%. A portion of the Raw Water Fee is utilized by the District to construct storage reservoirs. 7. Tap Options and Requirements A. The District offers a Full Standard Tap option for those landowners with lot sizes greater than 0.33 Acres (14,500 sq ft). This option allows the tap to utilize 228,000 gallons of water and plant investment capacity during a water year for delivery without surcharge. B. For landowners with lot sizes greater than 0.20 acres (8,800 sq ft) but less than 0.33 Acres (14,500 sq ft) OR those landowners with verifiable irrigation rights or well permits for outside water use, the District offers a 75% Tap option. This tap provides the landowner with 171,000 gallons of Water and Plant Investment capacity during a water year for delivery without surcharge. The fees are 75% of the Full Standard Tap Fees. C. The District offers a third option for those landowners with lots less than .2 acres (8,800 sq ft) or with a Board Approved Irrigation System or Board Approved Commercial Enterprise. This tap allows the landowner to utilize 50% of the Full Standard Tap or 114,000 gallons per water year for delivery without surcharge. The fees for this option are 50% of the Full Standard Tap Fees. Refer to the following page for a break down of the Districts' Tap Fees, Usage Rates, and Surcharge Rates. Sincerely, Alan Overton North Weld County Water District N Vt egal DocumentsVLetter of Intent A2009AJohnsonBruce(03-12-09)-doc I oft U, rn r 0 0000 4773 O M1 cO Total Postage & Fee a U.S. Postal Service, CERTIFIED MAIL, RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) Postage Certified Fee O 0 N Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Sent To Postmark Here Jci\Nr rJ Street, Apr. No.; or Po Box No. OA Srec} 72-O City. State. ZIP+4 f_ CLC� CO. 2pO(03 PS Form 3800. August 2005 Sec Reverse for Instructions Hello