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Home My WebLink About20093448.tiff0 EMMI OM MCO W `° ce O z o � o W M U Z 0 W dE z w= 0•N V Ls.V CC Q OJ O <3 V W Na WMT W= etT Z W uj Z <o W a 0 Z u -I L as = das.s pa MINN m� y_50zzr50E 23016' P.50261']6 E 230O0' 1 o� .LO 0-10 N\ \ \ \ \ \\\\ \ N \ \ \ N N \ \ e \ \ \ *\ \ \ \ \ '? \ \\ \ +< y\ `k • \ N N \ N'4 N N N N N , 14 N \--<NL\ ,i. .4 INTERSTATE HIGHWAY 25 plU�qb ROW H10"n o x ¢,03 0 _ ___-- O727750; 324 55' 2,..0.10 6 N m m 77 n N NI N e$ rdt ION COLO. STATE HWY tgre z I 0 i e I hig BIB • 44tru COLORADO DEPARTMENT OF PLANNING SERVICES RECORDED EXEMPTION ADMINISTRATIVE REVIEW Applicant: Ronald Fahrenholtz Trust AmRE-626 Planner: Brad Mueller Legal Description: Lot 2, RE -626, Pt SE4 SE4 Section 3, T2N, R68W of the 6`° P.M., Weld County, CO. Parcel ID #: 1313 03 000033 Lot 2 Current: 1.39 acres Lot 2 After 0.69 +/- acres Water Source: Lot A: Left Hand Water District Sewer System: St. Vrain Sanitation District 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. The Longmont Conservation District has provided information regarding the soils on the site. The applicant shall review the information and use it to positively manage on site soils. „71Y%- _ 3%% • • 2. The existing use on the site, as defined by Site Plan Review permits SPR-129 and SPR-233, may continue following amendment of the lotline without processing a major change to the permit, as determined by the Board of Adjustments in its hearing on September 22, 2009 (Case BOA -1061). 3. Prior to recording the plat: A. The plat shall be titled"Recorded Exemption No. 1313-03-4 AmRE-626. B. All approved accesses shall be clearly shown on the plat. The applicant shall utilize the existing access to the lot until the lot is developed, at which time Turner Boulevard is expected to be extended to the north and this lot must access Highway 119 only from Turner Boulevard. The applicant shall contact the Weld County Department of Public Works to determine if a culvert is necessary at any approved road access point. If a drainage culvert is required, a 15 inch Corrugated Metal Pipe (CMP) is Weld County's minimum size. If the applicant chooses to place a larger culvert please contact the Weld County Department of Public Works to adequately size the culvert. C. The applicant shall remove all illegally non -conforming signs from the site. (Legally non- conforming signs that were previously permitted are a grandfathered use.) D. 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. O E. The following notes shall be placed on the plat: V 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) Access to the lot may continue off of Highway 119 at the designated location until such time as Turner Boulevard, west of the lot, is extended to the north, when direct \ pc vrs€r access off of Highway 119 shall be closed and this lot must access Highway 119 only / fek from Turner Boulevard. vnso +ss /0, n„c 3) Any future structures or uses on site must obtain the appropriate zoning and building permits. 4) Prior to the release of building permits, the applicant shall submit a recorded deed describing the Lot upon which the building permit is requested with the building permit applications. The legal description on such deed shall include the Lot designation and Recorded Exemption number. 5) Prior to the release of building permit, the applicant shall submit evidence of approval from the Mountain View Fire Protection District to the Weld County Building Department. 6) Prior to the release of building permits, the applicant shall submit evidence to the Department of Planning Services that the lots have an adequate water supply of sufficient quality, quantity and dependability. 7) Should noxious weeds exist on the property or become established as a result of the proposed development the applicant/landowner shall be responsible for controlling the noxious weeds, pursuant to Chapter 15, Articles I and II of the Weld County Code. 8) Building permits shall be obtained prior to the construction of any building. Buildings that meet the definition of an Ag Exempt Building per the requirements of Section 29- 1-20 and Section 29-3-20.B.13 of the Weld County Code do not need building permits, however, a Certificate of Compliance must be filed with the Planning Department and an electrical and/or plumbing permit is required for any electrical service to the building or water for watering or washing of livestock or poultry. 9) 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) 10) 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) 11) WELD COUNTY'S RIGHT TO FARM: Weld County is one of the most productive agricultural counties in the United States, ranking fifth 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 longstanding 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 area: 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; and the use of pesticides and fertilizers in the fields, including the use of aerial spraying. Ditches and reservoirs cannot simply be moved out of the way of residential development without threatening the efficient delivery of irrigation to fields which is essential to farm production. 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. Weld County covers a land area of over 4,000 square miles in size (twice the State of Delaware) with more than 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. Snow removal for roads within subdivisions are of the lowest priority for public works or may be the private responsibility of the homeowners. 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. Children 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 present real threats to children. Controlling children's activities is important, not only for their safety, but also for the protection of the farmer's livelihood. Parents are responsible for their children. 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 Staffs approval of this Recorded Exemption Application is based on satisfying the Conditions of Approval. Should an applicant be unwilling or unable to meet any one of these conditions within 60 days of approval, then this case will be forwarded to the Weld County Board of County Commissioners with a staff recommendation for denial. By: E Brad Mueller S Planner Date: November 16, 2009 ".>R-AF'I' Plat Checklist POC Planner Item Comments Check Check Proper size and material 24" x 36" or 18" x 24" / Minimum 3 millimeter polyester sheet ✓ Ijl Lettering No stick -on lettering / Minimum 8 pt. lettering ✓ Boundaries of Lots Scale Suitable Scale? (1"=200' or 1"=100') t/ Accesses indicated Shared Access? If so, is easement Certificate included? et.A.RrF5 Roads labeled, including R.O.W a -4ER /JEEos lc' Cr 4O, o ?IS NJ Building Envelope(s) e--- i Vicinity Map Suitable Scale? (Minimum 1" = 2000') .� North Arrow ✓ Legal Description i 1.1Cseo 4o c Lck , t...:1,p 6x w¢� 1 Ha{ GO ''S Notes from Planner! Development Standards nc_rJ- IS cetz✓tEt-+' Conditions of Approval AZ cL.A2, F / v.E2I F« ACC �c5 .-V SIGN° GONFOftM ei Owner's Certificate Notarial Certificate included? All owners must sign the plat, check the deed. o fit 5-r Co -r Z- - orr-i °rc' .. 06 Surveyor's Certificate and Surveyor's Stamp All surveyed plats Note: USR plats do not need to be surveyed ,/ Director of Planning Certificate Notarial Certificate included? (RE, SE, SPR, Final PUD if Staff Approved) i Planning Commission Certificate (USR, COZ, Minor Sub. Final) \\ Board Certificate (USR, COZ„ Minor Sub Final) (Final PUD, RE, SE & ZPMH if Board approved) Typical Road Cross Section (COZ, Final Minor Sub. and Final PUD) \ Easements 0 G I.Lc b c• -e. e. C. i V// v Please return the plat to the GIS Technician within 24 hours of receiving the plat. Planner on Call: (Initials) Planner Signature �--� /lam Date: !Z /i4. (oil Brad Mueller From: Danna Ortiz [danna@civilresources.com] Sent: Wednesday, December 02, 2009 12:53 PM To: Brad Mueller Cc: 'Mickey Leyba-Farnsworth' Subject: Fahrenholtz RE and SE - Sign Compliance Attachments: sign compliance.pdf Good morning Brad, Attached is proof that the liquor store owner has removed all of the banners but one. Drive carefully on your site visit and thanks for all of your help with this application. Danna 213 of g6174AlJ'4 VISIT1-4-1 E J1TC -To DAL a ro D I CIVIL RES'VURCES, LLC ENGINEERS & PLANNERS k w ANL- 323 FIFTH STREET • FREDERICK, COLORADO 80530 • PHONE: 303.833.1416 • FAX: 303.833.2850 • • Brad Mueller From: Sent: To: Cc: Subject: Mickey, Brad Mueller Monday, November 30, 2009 10:44 AM Mickey Leyba-Farnsworth Brad Mueller RE: AmRE-626 and SE -1156 Plat Submittal - Preliminary Approval I hope you had a nice holiday. Here are review comments on the 2 applications: AmRE-626: • Amend the second line of the title to read: No. 1313-03-4 AmRE-626 • Please have surveyor verify that the Legal Description is that of the parent parcel (not the amended). "That portion" seems to suggest that the new, smaller lot is listed. The Legal Description should be of the parcel getting amended, not of the amended; in fact, it could simply read: "Lot 2, Recorded Exemption No. 1313-03-4 RE -626, recorded September 12, 1983 at Reception No. 01940086." • Since only Lot 2 is the subject of the Amendment, only the owner of Lot 2 should sign. I had thought that that was the Trust only, not the LLC as well. Please clarify, and amend the plat if needed. • The graphic includes a "15' wide ingress and egress easement" but doesn't cite it. Please add the recordation info that created the 14' easement. • All adjacent roads should be listed — is Turner Boulevard currently dedicated as separate ROW? If so, that should be noted. • The other non -plat Conditions have been satisfactorily addressed for this application, except for the evidence that all non -conforming signs have been removed. (Condition of Approval 3.C) SE -1156: • Please have surveyor verify that the Legal Description is that of the parent parcel (not the amended). "That portion" seems to suggest that the new, larger lot is listed. The Legal Description should be of the parcel getting amended, not of the amended. • Since only the SE lot is the subject of the Amendment, only the owner of the Lot should sign. I had thought that that was the LLC only, not the Trust as well. Please clarify, and amend the plat if needed. • The graphic includes a "15' wide ingress and egress easement" but doesn't cite it. Please add the recordation info that created the 14' easement. • All adjacent roads should be listed — is Turner Boulevard currently dedicated as separate ROW? If so, that should be noted. • Please revise the linework around the RE Lot 2; it is currently a heavy line in the draft, suggesting that Lot 2 is part of the SE plat. • Please add "Not a part" to both Lots 1 and 2 of the RE (but keep them on the plat for reference). • On the graphic, refer to "SE -1156 lot" (instead of "SE -1156 parcel"). • County policy only allows access and general utility easements to be created via RE (or SE) plats. As such, the two proposed sewer easements will need to be created and dedicated by separate recorded instrument. Once that is done, the easements should be shown on the SE plat (as they are), but with a reference to the recordation information. • The other non -plat Conditions have been satisfactorily addressed for this application. A total of $22 is required for recorded ($11 for each plat), which should accompany the mylars. Given the edits, I probably should see one more set of plats before you cut and sign the mylars, though electronic is fine — I'll do a quick double-check on the items listed above. 1 Thanks Mickey, Brad From: Mickey Leyba-Farnsworth [mailto:mickey@civilresources.com] Sent: Wednesday, November 25, 2009 5:00 PM To: Brad Mueller Subject: RE: AmRE-626 and SE -1156 Plat Submittal - Preliminary Approval Brad, I am just following up with the email you sent me on the 20th. My Clients have asked that I send them a project update following the Thanksgiving holiday. Could you please send me an update as to the status of the review comments. Thank you again for your assistance. Have a great Thanksgiving. Mickey Original Message From: Brad Mueller [mailto:bmueller@co.weld.co.us] Sent: Friday, November 20, 2009 7:52 AM To: Mickey Leyba-Farnsworth Cc: Brad Mueller Subject: RE: AmRE-626 and SE -1156 Plat Submittal - Preliminary Approval Mickey, Thank you for forwarding this; I'm hoping to get any review comments to you later today, maybe Monday. I did want to get back to you about the signs. In looking at the Code in greater detail, and in discussing with the staff, the total allowance on one lot (aside from those permitted by the Site Plan Review permit) is only 1 banner sign. Other signs are allowed on the building, and can be on all 4 sides, but the total square footage of all of the signs, allowed on each of the sides, cannot be more than 8% of that wall side's total square footage. A banner sign can be allowed in addition to the 8% allowance, but the 8% allowance is for only non -banner signs. I hope that this helps you address the zoning conditions in association with the RE lotline adjustment. I'll look forward to speaking with you soon. Brad Mueller, AICP Weld County Planning Services 970-353-6100 x3572 From: Mickey Leyba-Farnsworth [mailto:mickey@civilresources.com] Sent: Tuesday, November 17, 2009 5:27 PM To: Brad Mueller Subject: AmRE-626 and SE -1156 Plat Submittal - Preliminary Approval Brad, I have attached PDF draft plat maps of AmRE-626 and SE -1156. I have also attached a copy of the transmittal which was included with the submittal package I mailed to you this afternoon. The remaining two files are the statement of taxes for the original two parcels. Please let me know if you have any questions or need additional information. Have a great evening. 2 Mickey Leyba-Farnsworth Engineering Manager • • CIVIL RESI9URCES,LLC F Nc;INC.E RS & PLAN NIERS 323 5th Street P.O. Box 680 Frederick, CO 80530 T (303)833-1416 ext. 212 F (303)833-2850 C (720)212-9598 Email: mickev@civilresources.com stole CON�pVIAIJ( Brad Mueller From: Sent: To: Cc: Subject: Mickey, Brad Mueller Friday, November 20, 2009 7:52 AM 'Mickey Leyba-Farnsworth' Brad Mueller RE: AmRE-626 and SE -1156 Plat Submittal - Preliminary Approval Thank you for forwarding this; I'm hoping to get any review comments to you later today, maybe Monday. I did want to get back to you about the signs. In looking at the Code in greater detail, and in discussing with the staff, the total allowance on one lot (aside from those permitted by the Site Plan Review permit) is only 1 banner sign. Other signs are allowed on the building, and can be on all 4 sides, but the total square footage of all of the signs, allowed on each of the sides, cannot be more than 8% of that wall side's total square footage. A banner sign can be allowed in addition to the 8% allowance, but the 8% allowance is for only non -banner signs. I hope that this helps you address the zoning conditions in association with the RE lotline adjustment. I'll look forward to speaking with you soon. Brad Mueller, AICP Weld County Planning Services 970-353-6100 x3572 From: Mickey Leyba-Farnsworth[mailto:mickey@civilresources.com] Sent: Tuesday, November 17, 2009 5:27 PM To: Brad Mueller Subject: AmRE-626 and SE -1156 Plat Submittal - Preliminary Approval Brad, I have attached PDF draft plat maps of AmRE-626 and SE -1156. I have also attached a copy of the transmittal which was included with the submittal package I mailed to you this afternoon. The remaining two files are the statement of taxes for the original two parcels. Please let me know if you have any questions or need additional information. Have a great evening. Mickey Leyba-Farnsworth Engineering Manager CIVIL RES"I>DURCES,1.1C t'F CO...J LRti tC i '( . NNf.hs 323 5th Street P.O. Box 680 Frederick, CO 80530 T (303)833-1416 ext. 212 F (303)833-2850 1 I I • Brad Mueller From: Sent: To: Subject: Heidi Hansen Tuesday, November 17, 2009 7:28 AM Brad Mueller RE: AmRE-626/SE-1156 I think that sounds good. Thanks, Heidi From: Brad Mueller Sent: Monday, November 16, 2009 4:52 PM To: Heidi Hansen Cc: Brad Mueller Subject: RE: AmRE-626/SE-1156 Heidi, Yeah, as I was typing that up for the RE lot, I started wondering if they might not push back. This alternative is reasonable for both them and CDOT, I think. I think that the language you listed is good — maybe just a few changes: At such time as Turner Boulevard, east of the lot, is extended to the north, the main access to the lot shall be established off of Turner Boulevard, and access and traffic movement then limited at Highway 119, as subsequently determined by the Colorado Department of Transportation. Let me know what you think, and I forward the result to the applicant as a replacement note for the RE lot only. Thanks, Brad From: Heidi Hansen Sent: Monday, November 16, 2009 3:49 PM To: Brad Mueller Subject: RE: AmRE-626/SE-1156 Brad, I just spoke to the applicant who brought up the issue of closing the Hwy 119 access for the RE lot because of the access easement granted to the Conoco station. I spoke to Gloria and this is what she would like as the new note for the RE lot: At such time as Turner Boulevard, east of the lot, is extended to the north, the main access to the lot shall be off of Turner Boulevard because movements at the Highway 119 access may be limited in the future. You probably want to word that differently but the important part is that the "movements at the Highway 119 access may be limited in the future" so it leaves the door open for CDOT to make it a right-in/right-out or whatever is necessary. The original note works for the SE lot. Thanks, 1 Heidi From: Brad Mueller Sent: Monday, November 16, 2009 2:00 PM To: Heidi Hansen Subject: RE: AmRE-626/SE-1156 FYI — here's the note language I'm asking them to add to the plat. Let me know if you have concerns/questions. 1) Access to the lot may continue off of Highway 119 at the designated location until such time as Turner Boulevard, west of the lot, is extended to the north, when direct access off of Highway 119 shall be closed and this lot must access Highway 119 only from Turner Boulevard, From: Heidi Hansen Sent: Tuesday, November 10, 2009 3:23 PM To: Brad Mueller Subject: RE: AmRE-626/SE-1156 Here are the revised comments. From: Brad Mueller Sent: Tuesday, November 10, 2009 11:02 AM To: Heidi Hansen Subject: RE: AmRE-626/SE-1156 That may — let's see what Gloria says. Thanks -- From: Heidi Hansen Sent: Tuesday, November 10, 2009 9:01 AM To: Brad Mueller; Hice-Idler, Gloria Subject: RE: AmRE-626/SE-1156 Brad, We will of course defer to CDOT because it is their access. I can revise the Public Works comment to say that, when lot SE -1156 is developed it is expected that Turner Blvd will be extended to the north and both lots (AmRE-626 and SE - 1156) will need to access Hwy 119 from Turner Blvd. Does that solve the discrepancy? Thanks, Heidi Heidi Hansen. P.E. Weld County Public Works 1111 H Street Greeley, CO 80631 970.304.6496 ext. 3745 hhansen(a,co.weld.co.us From: Brad Mueller Sent: Tuesday, November 10, 2009 7:11 AM 2 • • To: Heidi Hansen; Hice-Idler, Gloria Subject: FW: AmRE-626/SE-1156 Hi Heidi and Gloria, I thought I should double-check with the comments from PW regarding SE -1156. The PW memo indicated that "the applicant shall utilize the existing access to this parcel," which I take to mean the one leading onto Hwy 119. Gloria indicates that they should, "in the future", utilize access to the north via Turner. Gloria, your comments could be taken to mean that direct access onto 119 is fine, but that access to the north is expected, or that access is not allowed onto 119. Heidi, I want to be sure that our PW comments are consistent with CDOT's. Bottom -line question — is direct access onto 119 ok or not? It's very close to the 1-25 off -ramp (50'), so that's why I thought I should double-check what is wanted. Thanks. Brad From: Hice-Idler, Gloria [mailto:Gloria.Hice-Idler@D0T.STATE.00.US] Sent: Monday, September 21, 2009 10:28 AM To: Brad Mueller Subject: AmRE-626/SE-1156 Brad, CDOT has no comment regarding these proposals. But in the future both parcels would be expected to access SH 119 via the extension of Turner Boulevard to the north. Gloria Hice-Idler Permit Supervisor CDOT Region 4 1420 2nd Street Greeley CO 80631 (970) 350-2148 3 3 ao 2 • 4;tr WUDc. COLORADO April 4, 2005 Mr. Martin Eckert ATC Associates Inc. 8985 E Nichols Ave, Suite 350 Centennial, CO 80112-3410 • DEPARTMENT OF PLANNING SERVICES Compliance Division NORTH OFFICE 918 10TH Street GREELEY, CO 80631 Website: WWW.CO.WELD.CO.US E-mail Address: bsalzmanaco.weld.co.us PHONE: (970) 353-6100, Ext. 3555 FAX: (970) 304-6498 SOUTHWEST OFFICE 4209 CR 24.5 LONGMONT, CO 80504 PHONE: (720) 652-4210, Ext. 8730 FAX: (720) 652-4211 Subject: Proposed environmental cleanup of former retail gasoline station Former TPI Petroleum Store No. 4132 3979 Highway 119, Longmont, CO 80504 Dear Mr. Eckert: On April 1, 2005, staff discussed your request for a 18' x 7' equipment shed. Staff did determine that a building permit application is necessary and shall be completed and submitted to the Department of Building Inspections; however, a Site Plan Review application permit would not be required during this continued remediation process projected to last approximately 3 years. ' Due to the potential health risks associated with this request, please contact Cindi Etcheverry, Weld County Department of Public Health and Environment (WCDPH&E). She can be contacted at: (970)304-6415, Ext 2220. While it is our understanding you are reporting to the Colorado Department of Labor and Employment — Division of Oil and Public Safety (CDLE-OPS), since this site is located in Weld County, she also shall be provided with the following information: O n Site Investigation report Quarterly reports Feel free to contact me at the above address, telephone number or e-mail address. If you wish to see me personally, please call to schedule an appointment so that I may reserve a sufficient amount of time with you. Sincerely, Alner Bethany Salzman Zoning Compliance Officer pc: Cindi Etcheverry, WCDPH&E G G Q 2 E 0 SERVICE. TEAMWORK, INTEGRITY, QUALITY • Date: I WELD COUNTY, COLORADO DEPARTMENT OF PLANNING SERVICES 918 10Th STREET GREELEY, CO 80631 PHONE: 970-353-6100, EXT. 3540 / FAX: 970-304-6498 Received From: 4221 -CHANGE OF ZONE 4221-PUD 4221-MINOR/MAJOR SUB # OF BUILDABLE LOTS 4221 -ADDITIONAL 30% FEE FOR SUB's 4221 -RE -SUBDIVISIONS 4221 -BOA 4221-FHDP/G HDP 4430 -MAPS / POSTAGE 4430 -COPIES 473. IGAT.I.ON FEE 20 _ Receipt No. 15341 J (—f cs c-1]/ N I_C ❑ CASI3 CHECK nun ZO4 Ct C WELD COUNTY, COLORADO /DEPARTMENT OF PLANNING SERVICES 918 10TH STREET GREELEY, CO 80631 PHONE: 970-353-6100, EXT. 3540 / FAX: 970-304-6498 Date: I (I 'r Received From: 20'' \ Receipt No. • = v Permit Type No. Description Fee 4221-RFS/SE -. / r- 1 ZOO 4221-ZPMH /!, ( A, �j' 4221-USR 4221 -SITE PLAN REVIEW 4221 -CHANGE OF ZONE 4221-PUD 4221-MINOR/MAJOR SUB # OF BUILDABLE LOTS 4221 -ADDITIONAL 30% FEE FOR SUB's 4221 -RE -SUBDIVISIONS 4221 -BOA 4221-FHDP/GHDP 4430 -MAPS / POSTAGE 4430 -COPIES 4730 -INVESTIGATION FEE 6560 -RECORDING FEE MISC. :, c• ❑ CASH CHECK NO. i &! ,^ TOTAL FEE Receipted By. ( !, v� DL# Exp. • 111k COLORADO September 17, 2009 Mickey Leyba-Farnsworth 323 5th St. PO Box 680 Frederick CO 80530 DEPARTMENT OF PLANNING SERVICES 918 10TH Street GREELEY, CO 80631 PHONE: (970) 353-6100, Ext. 3540 FAX: (970) 304-6498 Subject: AmRE-626 - A Recorded Exemption located on a parcel of land described as Lot 2, RE -626, portion of SE4 SE4 Section 3, T2N, R68W of the 6th P.M., Weld County, Colorado. Dear Applicants: Your recorded exemption application is being processed. If it is determined that the application meets the approval criteria of Chapter 24 of the Weld County Code, you will be notified that the recorded exemption is approved. If the staff determines that the application does not meet the approval criteria or if staff has concerns with the application, staff may elect to forward the application for review to the Board of County Commissioners. You will be notified and asked to appear before the Board of County Commissioners at a public hearing. You will be informed of the hearing date prior to the hearing. The Board of County Commissioners will then consider your application and make a final decision on the recorded exemption. It is the policy of Weld County to refer an application of this nature to any town or municipality lying within three miles of the property in question or if the property under consideration is located within the comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy of the submitted materials to the Firestone, Frederick, and Longmont Planning Commission for their review and comments. It is recommended that you and/or a representative be in attendance at the Firestone, Frederick, and Longmont Planning Commission meeting to answer any questions the Commission members may have with respect to your application. Please call Firestone at 303-833-3291, Frederick at 303-833-2388, and Longmont at 303- 651-8601, for further details regarding the date, time, and place of this meeting. If you have any questions concerning this matter, please call me. Sincerely, -.-_� 47/1 Brad Mueller Planner • FIELD CHECK • Inspection Date: 3 /Oq Applicant: t P (-12.6 ns N n e rz_ Case #: Request: Legal: i-nm Z. Location: Section: 3 T: 2- N R: G16 W Parcel ID #: Acres: Zoning Land Use N e —3 N vAC//NT Fie Lt2 E C_ 3 E VA CA TE b COT, (.2.oke.r,,I ASPHALT S C-3 S Corhr-&RC.IAI, , root) oOIL GT W C1. 3 W c omm 2C,Ac. G.A2, 't'2vC/F TTC Comments: LJ GenS , C/2. -ASS AC TO/ trICH /N gAeHt, 1 ui' tJ'xr etJ S W eEPS EraST gmoC LING onJ >rrr M,aSIJcc Nec VOX., Fo+aOnJG Signature ❑ House(s) ❑ Outbuilding(s) • Access to Property E Crop Productions n Site Distance ❑ Mobile Home(s) o Other Animals On -Site ❑ Water Bodies c Ditch LIONS, UN CvrVnrtj6 a- IN COT' o Derelict Vehicles o Non-commercial junkyard (list components) • Irrigation Sprinkler o Crops o Wetlands o Oil & Gas Structures o Wildlife • Utilities On -Site (transmission lines) o Topography Note any commercial business/commercial vehicles that are operating from the site. wliDc COLORADO APPLICATION FLOW SHEET APPLICANT: Ronald L. Fahrenholtz Trust CASE #: AmRE-626 REQUEST: Lot A RE amendment to reduce lot size (in conjunction with SE -1156) LEGAL: Lot 2, RE -626, portion of SE '/ SE %, Section 3, Township 2 North, Range 68 West of the 6th P.M. LOCATION: North of and adjacent to State Highway 119, west of 1-25. PARCEL ID #: 1313 03 000033 ACRES: 1.39 +/- (Lot 2) Date B Application Received 9/10/09 BM Application Completed 9/14/09 BM Referrals listed 9/15/09 BM Vicinity map prepared 9/15/09 BM File assembled 'III ski gr, Case logged in computer Letter to applicant mailed 7 Referrals mailed L_ Field check by DPS staff 'c h loc Administrative Review decision: APrvnc, al'r(o/p1 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 Overlay Districts Zoning C-3 RUA Yes_X No (1-25) IGA Yes_X_ No (Longmont, Firestone, Frederick) Airport Yes No X_ Geologic Yes_ No_X_ Flood Hazard Yes_ No_X_ Panel #: r • RECORDED EXEMPTION (RE) APPLICATION FOR PLANNING DEPARTMENT USE RECEIPT/AMOUNT # /$ APPLICATION RECEIVED BY DATE RECEIVED °I I rf (01 CASE#ASSIGNED' Ai- RE _ roz% PLANNER ASSIGNED. TWA - .S 3 Parcel Number 1 3 1 3 _ 0 3 _0 _0 0 _ (12 digit number - found on Tax I.D. information, obtainable at the Weld County Assessors Office or www.co.weld.co.us) Legal Description Lots 1 and 2 RE -626 , Section 3 , Township2 North, Range68 West Has the property been divided from or had divided from it any other property since August 30, 1972? Yes X No Is this parcel of land, under consideration, the total contiguous land owned by the applicant? FEE OWNER(S) OF THE PROPERTY: Name: R&J Holdings LLC (Lot 1), Fahrenholtz Ronald Trust (Lot 2) Work Phone # Home Phone # 303.651.3342 Email Address Address: 701 Hays Circle City/State/Zip Code Longmont, Colorado 80501 Yes No X APPLICANT OR AUTHORIZED AGENT (See Below: Authorization must accompany all applications signed by Authorized Agent) Name: Mickey Leyba-Farnsworth Work Phone # 303.833.1416 Home Phone # Email Address mickey@civilresources.com Address' 323 5th Street, PO Box 680 City/State/Zip Code Frederick, Colorado 80530 Lot A (Existing Lot 2) Smaller Parcel Lot B (Existing Lot 1) Lot C Lot D Water Source Left Hand Water Dist Left Hand Water Dist Type of Sewer St Vrain Sanitation Dist StVrain Sanitation Dist Proposed Use Commercial Commercial Acreage 0.69 acres 3.47 acres Existing Dwellings? If Yes, list address below: 3907 Hwy 119 (comm'I; If Yes, list address below: If Yes, list address below: If Yes, list address below: _.____.._____- 1__... ..• s ..l ......., ... N... 4.I....Ln nL.......C e property is vacant or unimprove example, if a well and septic is proposed state: proposed well, proposed septic. I (We) request that the following described property be designated a Recorded Exemption by the Weld County Board ofCountyCommissioners. I (We) hereby depose and state under penalties of perjury that all statements, proposals, and/or plans submitted with or contained within the application are true and correct to the best of my (our)knowledge. Signatures of all fee owners of property must sign this application. If an Authorized Agent signs, a letter of authorization from all fee owners must be included with the application. If a corporation is the fee owner, notarized evidence must be included showing the signatory has the legal authority to sign for the corporation. b4S ‘ 1-1-4- 7/3/j Sie: Owner or Authorized Agent /u to /er, Signature: Owner or Authorized Agent Date i4( • • Ronald L. Fahrenholtz 701 Hays Circle Longmont, Colorado 80501 To Whom It May Concern: Please be advised that as property owner, I hereby authorize Civil Resources, LLC, to represent me in my endeavor to amend Recorded Exemption No, RE -626. The two subject properties are identified as Lot 1 RE -626, Parcel No. 131303000032 and Lot 2 RE -626, Parcel No. 131303000033. The properties are located in the southeast 1/4 of Section 3, Township 2 North, Range 68 West of the 6th P.M., in Weld County, Colorado. ;KS P—� 14261--9M4 Ronald L. Fahrenholtz date STATEMENT OF AUTHORITY 1. This Statement of Authority relates to an entity' named R&J Holdings, LLC and is executed on behalf of the entity pursuant to the provisions of Section 38-30-172, C.R.S. 2. The type of entity is a: ❑ trust ❑ nonprofit corporation lalimited liability company ❑ general partnership ❑ limited partnership ❑ registered limited liability partnership ❑ registered limited liability limited partnership ❑ limited partnership association ❑ government or governmental subdivision or agency ❑ corporation 3. The entity is formed under the laws of 4. The mailing address for the entity is Colorado 701 Hays Circle Longmont, CO 80501 5. The la name O position of each person authorized to execute instruments conveying, encumbering, or otherwise affecting title to real property on behalf of the entity is Ronald Fahrenholtz 6.2 The authority of the foregoing person (s) to bind the entity is El not limited O limited as follows: 7. Other matters concerning the manner in which the entity deals with interests in real property: Executed this STATE OF COLORADO COUNTY OF Ro vkie 2 } SS: The foregot g instrumee t was acknowledged before me this by Xort a /cl F/„ r.,l,0/f.2 Witness my hand and official seal My commission expires: /(e?/ (2O/3 Signature Signature 9/fl day of 'This form should not be used unless the entity is capable of holding title to real property. 'The absence of any limitation shall be prima facie evidence that no such limitation exists. 'The statement of authority must be recorded to obtain the benefits of the statute. -a-n Notary Public MELISSA LEYBA-FARNSWORTH NOTARY PUBLIC STATE OF COLORADO STATEMENT OF AUTHORITY I. This Statement of Authority relates to an entity' named Fahrenholtz Ronald Trust and is executed on behalf of the entity pursuant to the provisions of Section 38-30-172, C.R.S. 2. The type of entity is a: IS trust ❑ nonprofit corporation ❑ limited liability company ❑ general partnership ❑ limited partnership 3. 4. ❑ registered limited liability partnership O registered limited liability limited partnership ❑ limited partnership association ❑ government or governmental subdivision or agency ❑ corporation The entity is formed under the laws of Colorado 701 Hays Circle Longmont, CO 80501 The mailing address for the entity is 5. The 9 name O position of each person authorized to execute instruments conveying, encumbering, or otherwise affecting title to real property on behalf of the entity is Ronald Fahrenholtz 6.2 The authority of the foregoing person (s) to bind the entity is El not limited O limited as follows: 7. Other matters concerning the manner in which the entity deals with interests in real property: Executed this Signature STATE OF COLORADO COUNTY OF pp t, l •er/ } ss: The fore oing instruu lent was acknowledged before me this by Kira/d /-!tr/P�/•/HOt cZ Witness my hand and official seal. My commission expires: j/2//2 0/3 Signature 7W day of S'e,pJ pm tier' 'This form should not be used unless the entity is capable of holding title to real property. 'The absence of any limitation shall be prima facie evidence that no such limitation exists. 'The statement of authority must be recorded to obtain the benefits of the statute. MELISSA LEYBA-FARNSWORTH NOTARY PUBLIC STATE OF COLORADO Amendment to Fahrenholtz Exemption RE- 626 2 -Lot Recorded Exemption Questionnaire The purpose of this proposal is to amend the existing Re -626 to reduce the size of RE -626 Lot 2 from 1.39 acres to 0.69 acres to increase the size of the adjacent parcel to the east to 2.08 acres (new SE lot). The properties are located northwest of the intersection of Interstate 25 and Highway 119 in the southeast quarter of the southeast quarter of Section 3, Township 2 North, Range 68 West of the 6th P.M., in Weld County, Colorado. Acreages are approximate and will be finalized by the plat after review. 1. Water supply statements addressing the following: a. Domestic use. The statement will include evidence that a water supply of sufficient quality, quantity and dependability will be available to serve all proposed lots. A letter from a water district, municipality, or a well permit are examples of evidence for domestic use. There are currently two existing 5/8" commercial water taps: one serves the existing Liquor Store and one for the adjacent parcel. Refer to the attached letters from Left Hand Water District for details about water service. b. Irrigation water. The statement will include the type and quantity of irrigation water to the site, whether irrigation water has been removed form the site and, if so, when. There is no irrigation water associated with these parcels. 2. A Statement explaining that the proposed lots will have an adequate means for the disposal of sewage in compliance with the requirements of the underlying zone district and the Weld County Department of Public Health and Environment. A copy of the septic permit or a letter from the sewage disposal facility must accompany the application. The properties are served by St. Vrain Sanitation District. Refer to their evidence of service letters for details. 3. A description of how the property is being used. When the parcel(s) is located in the agricultural zone district, the number and types of livestock and any existing improvements such as the principal residence, labor home, mobile home, manufactured home, barn, outbuildings, and oil/gas well production facilities on the property. If the property is being farmed the location of any pivot sprinklers and irrigation ditches as well as types of crops being produced. There is a Liquor Store on Lot 2, Lot 1 is currently vacant but will likely become the site for a commercial use in the future, due to its proximity to Highway 119 and Interstate 25 and the other commercial uses in the vicinity. 4. A description of the location, size, present and future use of the area where the proposed new lot(s) will be created. No new lot is proposed. The purpose of this application is to reduce the size of Lot 2, which will continue to be used as a Liquor Store. Application to Amend RE -626 5. A statement describing any unique physical characteristics on the site, if applicable such as rock outcroppings, hills, ditches. The Rural Ditch currently forms the eastern boundary of Lot 2. This amendment will exclude the ditch from the RE. 6. A statement indicating where a primary building envelope and/or alternative building envelope will be designated on any of the lots. Building envelopes may not be necessary on lots that are smaller than 35 acres. The Department of Planning Services reserves the right to recommend building envelopes on smaller acreage. Not applicable, the lots are less than 35 acres. 7. Is there a Business or Use by Special Review permit on the property? If so, will it be vacated or remain on the Recorded Exemption lot(s)? The Board of County Commissioners approved Use by Special Review Permit # SPR-233 for the Liquor Store. We have submitted a letter requesting to vacate the Site Plan (SPR-105) for the eastern property as the structures no longer exist A recorded exemption application shall comply with the standards listed in Section 24.8.40 of the Weld County Code. The following addresses those standards: 24.8.40. A The water supply for all proposed lots is adequate in terms of quality, quantity and dependability. Lots 1 and 2 will continue to be served by Left Hand Water District. 24.8.40. B An adequate sewer service is available to serve the uses permitted on all proposed lots. The sewer service shall comply with the requirements of the applicable zone district and the Department of Public Health and Environment. Lots 1 and 2 will continue to be served by St. Vrain Sanitation District. 24-8-40. C An access is, or can be made, available that provides for safe ingress and egress to a public road. All accesses shall be in accordance with Chapter 8, Article II of this Code. Both properties will continue to be accessed via the existing accesses. Refer to the Weld County Road Access Information Sheet for details. 28.8-40. D The proposed recorded exemption will comply with Chapter 23, Article V of the Weld County Code. The lots comply with Article V, Chapter 23 of the Weld County Code. This section of the Weld County Code stipulates regulations for development in overlay district areas. This proposal is not in the Geologic Hazard Overlay District or the Flood Hazard Overlay District. The property is within the Intergovernmental Agreement Boundary with the Town of Frederick but is not within the Urban Growth Boundary area as determined by review of current maps located in Chapter 19 of the Weld County Code. It is consistent with the 1-25 Mixed Use Development District, which contemplates commercial uses in this area. 24.8.40. E The proposal is consistent with the policies and goals of Chapter 22 of this Code. This proposal is consistent with the following goals and policies in the Weld County Comprehensive Plan (Chapter 22 of the Code): Application to Amend RE -626 C. Goal 1. Promote the location of commercial uses within municipalities, County Urban Growth Boundary areas, Intergovernmental Agreement urban growth areas, growth management areas as defined in municipal comprehensive plans, the Regional Urbanization Areas, Urban Development Nodes, or where adequate services are currently available or reasonably obtainable. The property is within the Weld County M -U -D Area and is already urbanized. 1. C. Policy 1.1. Ensure that adequate levels of services and facilities are currently available or reasonably obtainable. Public utilities and services are currently available. The site is served by Left Hand Water District and St. Vrain Sanitation District. 2. C. Policy 1.2. Encourage new commercial development within existing commercial areas. The reduction of Lot 2 may encourage commercial development within this already commercialized area, by making the parcel adjacent to Lot 2 larger, and thus more attractive to commercial developers. 24.8-40. F The proposal is consistent with any adopted intergovernmental agreement, if applicable. Not applicable. 24.8-40. G The proposal has taken into consideration master plans of affected municipalities. Not applicable. The purpose of this application is to merely move an existing lot line. Any new development would be subject to a Use by Special Review permit or the site would be annexed to Firestone and developed per their regulations and standards. 24-8-40. H The proposal is consistent with existing surrounding land uses. This application is not proposing to change any land uses. The existing surrounding land uses are commercial in nature, which is compatible with the Liquor Store. 24.8.40. I The proposal is consistent with the intent of the zone district the exemption is located within as expressed in Chapter 23 of the Code. The liquor store is consistent with the intent of the Mixed -Use Development District and the commercial zoning. 24.8.40. J The proposal is consistent with sound land use planning practices. This proposal has considered the current and future land use of the property to determine proposed property boundaries, therefore conforming to the underlying principles of orderly development. 24.8.30. K The proposal is consistent with the Statement of Purpose as expressed in Section 24.1.30 of this Chapter. The Statement of Purpose of Section 24-1-30 details eighteen criteria used to achieve orderly and efficient development in Weld County. This application meets, exceeds, or does not impact the following criteria: • 24.1.30. A Assisting orderly and integrated development. This proposal has considered the current land use of the property to determine proposed property boundaries, therefore conforming to the underlying principles of orderly and integrated development. • 24.1.30. B Promoting the health, safety and general welfare of the residents of the County. Application to Amend RE -626 Water service and sewage disposal will be accomplished by safe means as stated previously in this application. • 24-1.30. C Ensuring conformance of land subdivision plans with the public improvement plans of the County and its various municipalities. The resulting parcel sizes are compatible with surrounding parcels and consistent with existing development in the area. The proposed lot line adjustment will not impact any public improvement plans. ■ 24.130. D Ensuring coordination with public municipal improvement plans and programs. Not applicable. • 24-1.30. E Encouraging well -planned subdivisions by establishing adequate standards for design and improvement. Not applicable. • 24-1.30. F Improving land survey monuments and records by establishing standards for surveys and plats. A surveyor shall prepare final documents to be recorded with the County. Such documents shall conform to current standards of Weld County. • 24-1.30. G Safeguarding the interests of the public, the homeowner and the subdivider. The proposed adjustment will not harm the public's interest nor the subdivider's. • 24-1.30. H Securing equitable handling of all subdivision plans by providing uniform procedures and standards. The referral and review process established by Weld County will ensure the interests of the public and the applicant will be handled in an equitable manner, therefore providing uniform procedures and standards for review of all applications of this nature. ■ 24-1-30. I Preventing loss and injury from fire in wooded terrain. • 24-1-30. J Preserving agricultural land and promoting its most productive agrarian use. • 24-1-30. K Ensuring that irrigation water currently associated with a farm or rural unit of land will be retained for agricultural uses. • 24.1.30. L Preserving natural vegetation and cover and promoting the natural beauty of the County. • 24.1.30. M Preventing and controlling erosion, sedimentation and other pollution of surface and subsurface water. • 24.1.30. N Preventing flood damage to persons and properties and minimizing expenditures for flood relief and flood control projects. • 24.1.30.0 Restricting or regulating building in flood hazard overlay district areas, shorelands, areas covered by poor soils or area poorly suited for building or construction. • 24.1.30. P Preventing loss and injury from land slides, mud flows and other geologic hazards. • 24-1.30. Q Providing adequate space for future development of schools and parks to serve the population. These standards and County Code provisions are not applicable to this application. Application to Amend RE -626 4 • 24-1.30. R Ensuring the planning for and provisions of an adequate and safe source of water and means of sewage disposal. This question has been addressed elsewhere in this application in accordance with current State and County standards. 24-8-40. L The minimum size of any lot proposed with a public water supply is not less than one (1) acre net. Minimum lot sizes do not apply in zone districts which allow smaller lots or where exempted by the Board of County Commissioners. Not applicable. 24.8.40. M After January 1, 2004, the proposed recorded exemption is eligible for land exemption if it is not part of: 1) The largest lot of a recorded exemption which was recorded within the last five (5) years; 2) The largest lot of a recorded exemption which was done in conjunction with a subdivision exemption which was recorded within the last five years. Not applicable. 24-8-40. N None of the smaller lots of recorded exemptions approved after January 1, 2004 are eligible for future land exemptions. Not applicable, we are not creating a new RE lot, we are adjusting the lot line. 24.8-40.0 The proposal is consistent with good agricultural practices, if applicable. Not applicable. Application to Amend RE -626 • • Weld County Treasurer Statement of Taxes Due Account Number R5578486 Assessed To Parcel 131303000033 FAHRENHOLTZ RONALD L TRUST 701 HAYS CIR LONGMONT, CO 80501-5239 Legal Description PT SE4 3-2-68 LOT 2 REC EXEMPT RE -626 EXC BEG SE COR N89051'W 578.76' NO5D10'E 85.8' TO TPOB TH 589049'E 156.11' S42D07'W 46.85 N89D45'W 126' N05D10'E 34.75' TO TPOB SITUS: 3907 119 HWY WELD 00000 Situs Address 3907 119 HWY WELD 00000 Year 2008 Charges Tax Billed $9,867.90 Payments $9,867.90 Balance $0.00 Grand Total Due as of 11/16/2009 $0.00 Tax Billed at 2008 Rates for Tax Area 2341 - 2341 Authority WELD COUNTY SCHOOL DIST RE1J NORTHERN COLORADO WATER (NC MOUNTAIN VIEW FIRE ST VRAIN SANITATION HIGH PLAINS LIBRARY Taxes Billed 2008 Credit Levy Mill Levy 16.804000* 46.285000 1.000000 11.747000 0.806000 3.260000 Amount $2,075.30 $5,716.20 $123.50 $1,450.75 $99.54 $402.61 79.902000 $9,867.90 Values Actual Assessed MERCHANDISING- $332,376 $96,390 LAND $57,963 $16,810 MERCHANDISING - IMPROVEMENT WAREHOUSE/STOR $35,525 $10,300 AGE -IMPS. Total $425,864 $123,500 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 R5578386 Parcel 131303000032 Assessed To R&J HOLDINGS LLC 701 HAYS CIR LONGMONT, CO 80501 Legal Description Situs Address PT E2SE4 3-2-68 LOT 1 REC EXEMPT RE -626 EXC BEG SE COR N37D16'W 138.53' N04D46'W 323.42' TO TPOB TH N04D46'W 49.21' S55D37'W 35.1' 501D46'E 49.21' N55D37'E 35.1' TO TPOB Year 2008 Charges Tax Billed $4,020.67 Payments $4,020.67 Balance $0.00 Grand Total Due as of 08/21/2009 $0.00 Tax Billed at 2008 Rates for Tax Arca 2341 - 2341 Authority WELD COUNTY SCHOOL DIST RE1J NORTHERN COLORADO WATER (NC MOUNTAIN VIEW FIRE ST VRAIN SANITATION HIGH PLAINS LIBRARY Taxes Billed 2008 Credit Levy Mill Levy Amount 16.804000* $845.58 46.285000 $2,329.06 1.000000 $50.32 11.747000 $591.11 0.806000 $40.56 3.260000 $164.04 79.902000 $4,020.67 Values 1 AC TO L/T 5 AC Total Actual Assessed $173,500 $50,320 $173,500 $50,320 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 • r Weld County Treasurer Statement of Taxes Due Account Number R5578486 Parcel 131303000033 Assessed To FAHRENHOLTZ RONALD L TRUST 701 HAYS CIR LONGMONT, CO 80501-5239 Legal Description Situs Address PT SE4 3-2-68 LOT 2 REC EXEMPT RE -626 EXC BEG SE COR N89D51'W 578.76' N05D10'E 85.8' TO TPOB TH S89D49'E 156.11' S42D07'W 46.85' N89D45'W 126' N05D10'E 34.75' TO TPOB SITUS: 3907 119 HWY WELD 00000 3907 119 HWY WELD 00000 Year 2008 Charges Tax Billed $9,867.90 Payments $9,867.90 Balance $0.00 Grand Total Due as of 08/21/2009 $0.00 Tax Billed at 2008 Rates for Tax Arca 2341 - 2341 Authority WELD COUNTY SCHOOL DIST RE1J NORTHERN COLORADO WATER (NC MOUNTAIN VIEW FIRE ST VRAIN SANITATION HIGH PLAINS LIBRARY Taxes Billed 2008 Credit Levy Mill Levy Amount 16.804000* $2,075.30 46.285000 $5,716.20 1.000000 $123.50 11.747000 0.806000 3.260000 51,450.75 $99.54 $402.61 79.902000 $9,867.90 Values Actual Assessed MERCHANDISING- $332,376 $96,390 LAND MERCHANDISING- $57,963 $16,810 IMPROVEMENT WAREHOUSE/STOR $35,525 510,300 AGE -IMPS. Total $425,864 $123,500 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 REFERRAL LIST Division of Wildlife _South Hwy 66 (Loveland) _North Hwy 66 (Greeley) _Division of Minerals/Geology Soil Conservation Districts _Big Thompson/ FTC _x_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 Name: Ronald Fahrenholtz County Attorney V x Health Department _Extension Office _Emergency Mgt Office - Ed Herring x Sheriffs Office x Public Works _Housing Authority _Airport Authority _Building Inspection ✓ x Code Compliance Beth Kim Ogle (Landscape Plans) _Lin (Addressing Change of Zone) Ambulance Services State _Div. of Water Resources _Geological Survey _Department of Health ✓ x Department of Transportation _Historical Society Water Conservation Board Towns & Cities Ault Berthoud Brighton Dacono Eaton Erie Evans x Firestone _Fort Lupton x Frederick _Garden City Gilcrest _Greeley Grover Hudson Johnstown _Keenesburg _Kersey LaSalle Lochbuie ✓ x Longmont Oil & Gas Conservation Commission _Mead Milliken New Raymer Northglenn Nunn Pierce Platteville Severance Thornton Windsor Counties Adams Boulder Broomfield Larimer #: AmRE-626 Fire Districts Ault F-1 Berthoud F-2 _Briggsdale F-24 _Brighton F-3 Eaton F-4 _Fort Lupton F-5 Frederick Galeton F-6 Hudson F-7 Johnstown F-8 LaSalle F-9 v x 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 Left Hand Water District ✓ x St. Vrain Sanitation Dist x Rural Ditch Company _Art Elmquist (MUD Area) Commissioner Kristine Ranslem From: Kristine Ranslem Sent: Friday, September 18, 2009 1:36 PM To: Ken Poncelow; Bethany Salzman;'gloria.hice-idler@dot.state.co.us';'Ipenfold@mvfpd.org'; 'nmcintyre@co.boulder.co.us'; 'Bruce Nickerson'; 'Rebecca Toberman'; 'TTucker@frederickco.gov'; 'Erin Fosdick'; 'svlhwcd@svvi.net'; 'Rob Fleck'; 'dan.grant@guarantybankco.com' Subject: AmRE-626 & SE -1156 Referral Attachments: Rerral Sheet.rtf; RE application 9 10 09.pdf; Referral Sheet.rtf; complete applictn 9 10 09.pdf We have just received two cases (AmRE-626 & SE -1156) in which we ask that you review the attached material and send a referral to us by October 17, 2009. Attached are the applications and referral sheets. You may send your comments to the Planner assigned to this case, which is Brad Mueller (bmuellerAco.weld.co.us) If you have any problems or have any questions, please don't hesitate to contact me at the number below. Thank you! Kristine R2 vLsLewt. Planning Technician Weld County Planning Services 918 10 Street, Greeley CO 80631 970-353-6100 ext. 3519 -M lfi✓vt'a rd v2 / . do F - .Lc / Maki COLORADO September 21, 2009 The Weld County Department of Planning Services has received the following item for review: Weld County Referral Applicant Ronald Fahrenholtz Trust Case Number AmRE-626 Please Reply By October 17, 2009 Planner Brad Mueller Project Lot A RE amendment to reduce lot size (in conjunction with SE -1156) Legal Lot 2, RE -626, portion of SE4 SE4 Section 3, T2N, R68W of the 6th P.M., Weld County, Colorado. Location North of and adjacent to State Hwy 119, west of 1-25. For a more precise location, see legal. Parcel Number 1313 03 000033 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 In We have reviewed the request and find no conflicts with our interests. ❑ See attached letter. ❑ Please notify me of any public hearings regarding this request. Comments: Upon reviewing my case files and computer no violations were noted. Signature Agency 09/21/09 Date +Weld County Planning Dept. +918 10th Street Greeley, CO. 80631 +(970) 353-6100 ext.3540 +(970)304-6498 fax WE�YG ittit COLORADO Memorandum TO: Brad Mueller, W.C. Planning DATE: October 15, 2009 FROM: Lauren Light, W.C. Department of Public Health and Environment CASE NO.: AMRE-626 NAME: Fahrenholtz Trust Environmental Health Services has reviewed this proposal to adjust the lot line between lot A of RE -626 and SE -1156. As both parcels are, or will be, served by public water and sewer services we have no concerns with this request. SEP.22.2009 1:34PM N0.365 P.3 IN% • Weld County Referral September 21, 2009 The Weld County Department of Planning Services has received the following Item for review; Applicant Ronald Fahrenholtz Trust Case Number AmRE-626 Please Reply Sy October 17, 2009 Planner Brad Mueller Project Lot A RE amendment to reduce lot size (in conjunction with SE -1166) Legal Lot 2, RE -826, portion of SE4 SE4 Section 3, T2N, R6SW of the 6th P.M,, Weld County, Colorado, Location North of and adjacent to State Hwy 119, west of 1.25, For a more precise location, see legal. Parcel Number 1313 03 000033 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this repeat 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 cell 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. e have reviewed the request and find that It does /does not comply with our Comprehensive Plan have reviewed the request and find no conflicts with our interests. See attached letter. O Please notify me of any public hearings regarding this request. Comments: Signature bA/1tiItSe(p�G S.GpQ'ZZ,2t7o"j Agency O hip I litre nA oV.' . Date a0Ws14 County Plennlnp Dept, an91810'h Street Gresley, CO. 80851 so(970) 353O10o e43540 w(970)SO4.6498 fax COLORADO • • Weld County Referral SEP 2 2 2009 GREELEY OFFICE OCT 14 ?PPP The Weld County Department of Planning Services has received the following itEREC, :V E D Applicant Ronald Fahrenholtz Trust Case Number AmRE-626 Please Reply By October 17, 2009 Planner Brad Mueller Project Lot A RE amendment to reduce lot size (in conjunction with SE -1156) Legal Lot 2, RE -626, portion of SE4 SE4 Section 3, T2N, R68W of the 6th P.M., Weld County, Colorado. Location North of and adjacent to State Hwy 119, west of 1-25. For a more precise location, see legal. Parcel Number 1313 03 000033 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. „lEe See attached letter. ❑ Please notify me of any public hearings regarding this request. Comments: Signature Agency ti—..... Date +Weld County Planning Dept. +918 10th Street Greeley, CO. 80631 +(970) 353-6100 ext.3540 +(970)304-6498 fax MEMORANDUM 111k. COLORADO TO: Brad Mueller, Planning Services DATE: November 10, 2009 FROM: Heidi Hansen, P.E., Public Works Department SUBJECT: AmRE-626, Ronald Fahrenholtz Trust The Weld County Public Works Department has reviewed this proposal. Staff comments made during this phase of the process may not be all-inclusive, as other concerns or issues may arise during the remaining application process. Issues of concern must be resolved with the Public Works Department. Our comments and requirements are as follows: COMMENTS: The Colorado Department of Transportation (CDOT) has jurisdiction over all accesses to the state highways. Please contact Gloria Hice-Idler at the Greeley office (970-350-2148 or 970-350-2163) to verify the access permit or for any additional requirements that may be needed to obtain or upgrade the permit. (State Highway 119) REQUIREMENTS: The applicant shall utilize the existing access to this parcel until the parcel to the east (SE -1156) is developed, at which time Turner Blvd. is expected to be extended to the north and this parcel as well as the SE -1156 lot must access Hwy 119 from Turner Blvd. We are aware of the development plans for the eastern SE -1156 parcel and understand that the northwestern corner is intended to have access from the lot to the north and across the ditch in the future. However, if these plans change, access to the northwestern corner of the lot should be addressed. The historical flow patterns and run-off amounts will be maintained on site in such a manner that it will reasonably preserve the natural character of the area and prevent property damage of the type generally attributed to run-off rate and velocity increases, diversions, concentration and/or unplanned ponding of storm run-off. Pursuant to Chapter 15, Articles I and II of the Weld County Code, if noxious weeds exist on the property or become established as a result of the proposed development, the applicant/landowner shall be responsible for controlling the noxious weeds. All vegetation, other than grasses, needs to be maintained at a maximum height of 12 inches until the area is completely developed. FLOOD HAZARD DEVELOPMENT STANDARDS: This area IS NOT in a Special Flood Hazard Area (SFHA) as determined by the Federal Emergency Management Agency (FEMA). pc: AmRE-626 Page I of I C:\Documents and Settings\bmueller\Local Settings\Temporary Internet Files\Content.0utic 09/24/2009 14:35 303651,2 C. COLORADO September 23; 2009 The Weld County Department of Planning Services has received the following item for review: •ckk f Oat PAGE 01/02 Weld County Referral Applicant Ronald Fahrenholtz Trust Case Number AmRE-626 Please Reply By October 17, 2009 Planner Brad Mueller Pmlect Lot A RE amendment to reduce lot size (in conjunction with SE -1156) Legal Lot 2, RE -626, portion of SE4 SE4 Section 3, T2N, R68W of the 6th P.M., Weld County, Colorado. Location North of and adjacent to State Hwy 119, west of 1-25. For a more precise location, see legal. ,Parcel Number 1313 03 000033 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. My response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have arty 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. It 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. is See attached letter. O Please notify me of any public hearings regarding this request. Comments Signature %%as `ti` � C_n,Nk. Agency Date MOUNTAIN VIEW FIRE PROTECTION „ ;;,T 9119 County Line Road OWald County Plannitipggyt7f i o 01 r 9 re 6gq��7,,, j870) 353-6100 ex1.3540 •(970)304-6498 tax JJWF j.uFaaxx�(303) 651.7702 b0�44U4 09/24/2009 14:35 3036512 • PAGE 02/02 MOUNTAIN VIEW FIRE PROTECTION DISTRICT Administrative Office: 9119 County Line Road - Longmont, CO 80501 (303) 772-0710 • FAX (303) 651.7702 MEMORANDUM TO: Brad Mueller FROM: Charles E. Boyes, Fire Prevention Specialist SUBJECT: AmRE 626, Lot A RE amendment to reduce lot size DATE: September 24, 2009 The Fire District has no objections to this project. At the time that some project is planned for Lot 2, then the project will be required to meet all the requirements of the then -current Fire Code adopted by the Fire District. These requirements will include, but not be limited to, fire access, water supply, hydrants, and built-in fire protection. Whenever, a project is planned, then the plans for the project will need to be submitted to the Fire District for review and approval. motion I 8718 Cnly Lino X0. Longmont CO 80501 Station 2 14308 Mud a, Unit 0 Lon CO 00504 840663 S P.O. Box 575 099 P.8,.. 4... Mod. CO 80542 Sagan 4 P.O. BOX 11 0600 Ni„o1 Red Moot, CO 30544 Mallon 5 10911 Dobbin Mn L.1.y.n., CO 80095 St(pn 5 60000 50 Bonn. Dr. P.O. Box 40 Erie. CO no Go. remit at 80618 Dacono, CO80514 • "Re COLORADO Weld County Planniapartment GREELEY CE OCT 15 7(m9 RECEIVED 1.0 Weld County Referral September 18, 2009 The Weld County Department of Planning Services has received the following item for review: Applicant Ronald Fahrenholtz Trust Case Number AmRE-626 Please Reply By October 17, 2009 Planner Brad Mueller Project Lot A RE amendment to reduce lot size (in conjunction with SE -1156) Legal Lot 2, RE -626, portion of SE4 SE4 Section 3, T2N, R68W of the 6th P.M., Weld County, Colorado. Location North of and adjacent to State Hwy 119, west of 1-25. For a more precise location, see legal. Parcel Number 1313 03 000033 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 1I i e have reviewed the request and find no conflicts with our interests. See attached letter. ❑ Please notify me of any public hearings regarding this request. Comments: Signature Agency 0.14 In /De/3-o9 Date aalleld County Planning Dept. ao918 10"' Street Greeley, CO. 80631 5O(970) 353-6100 ext.3540 a-4970)304-6498 fax • • Longmont Conscrcation District 9595 Celson Road, P, ac D Longmont. Colorado X0501 Phone (303)—o-1034 — Fay 1303) h&{-9893 Site Review Memo To: Longmont CD Board From: Nancy McIntyre Subject: (List site name, location, Permit#, Purpose, etc.) Ronald Fahrenholtz Trust, Case #AmRE-626. Located north of and adjacent to Highway 119 and west of Interstate 25. The purpose of this application is to reduce the size of the parcel from 1.39 acres to .69 acres and increase the adjacent parcel. Prime Farmland: Land is Prime if protected from flooding. Water Quality: Rural Ditch runs through the southeast corner of the parcel and needs to have right-of- way protected. Noxious Weed Control: Need to develop a noxious weed plan with the Weld County Weed Department. Soils Limitations: Prone to flooding. Other concerns: Summary comments: CUASf R1 _-177OA'- Dt_7 LLr)P:17EA7- SELFGOI LR\St7EA 09/29/2009 14:03 ST. Li IN SRNITRTI0N DISTRICT 4 197030464998 N0.698 P03 Weld County Referral September 28, 2009 The Weld County Department of Planning Services has received the following item for review: Applicant Please Reply By Proffitt Legal Location Parcel Number Ronald Fahrenheit Trust October 17, 2009 Lot A RE amendment to reduce lot size (in conjunction with SE -1156) lot 2, RE -626, portion of SE4 SE4 Section 3, T2N, R68W of the 6th P.M., Weld County, Colorado. North of and adjacent to State Hwy 119, west of 1-25 see legal. 1313 03 000033 Case Number AmRE-626 Planner Brad Mueller For a more precise location, The application is submitted to you for review and recommendation. Any comments or recommendation y you consider may give fullllvant to this consideration guest to yourr red be commendation. ndationn.. Any responeciated. Please sebnothe above receivedlbefore orso that onon 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 Pinner associated with the request. Please note that new Information may be added to applications under review dios�the review Departmentviewrcess. N you desire to examine or obtain this additional Information, please lthe Planning Services. We have reviewed the request end find Chet it does /does not comply with our Comprehensive Plan ip We have reviewed the request and find no conflicts with our interests. ✓ See attached letter. Please notify me of any public hearings regarding this request. Comments: Signature Agency rt21Sc 4.lag loq Date foWela County Planning Dept. nx91 a 10e Street Greeley, CO.80831 ynt970) 353-0100 ad.3540 M970)304-6498 fax 09/29/2009 14:03 ST. �IN SANITATION DISTRICT 4 197030464998 • N0.698 PO4 St. Vrain @ANYTATION DI STRICT September 29, 2009 Brad Mueller Weld County Planning Department 91810t Street Greeley, CO 80631 RE: Case Number AmRE-626 Lot A RE amendment to reduce Lot size (in conjunction with SE -1156) To Whom it May Concern: The District has received the Development Referral for Lot 2, RE -626, portion of SE4 SE4 Section 3, TN, ROW of the 6th P.M., Weld County, Colorado and finds no objection in moving the lot line. The property lies within the SVSD service area and will be served contingent upon the following: • AutoCAD copy of the replat so we can update are files. • Easement for service lateral to liquor store. • All future Development will be subject to SVSD policy and Rules and Regulations. Please contact SVSD at 303-776-9570 with any questions you may have. Sincerely, Elizabeth Csotty Project Assistant 11307 Business Park Circle Firestone, CO 80604 Phone (303) 776-9570 Fax: (303) 485.1988 Brad Mueller From: Sent: To: Subject: Hice-Idler, Gloria [Gloria.Hice-Idler@DOT.STATE.CO.US] Tuesday, November 10, 2009 3:44 PM Heidi Hansen; Brad Mueller RE: AmRE-626/SE-1156 They can use the SH 119 access until such time as the north leg of Turner is constructed. When that happens, the SH 119 access will be removed and access to the site taken by way of Turner. Gloria Hice-Idler Permit Supervisor CDOT Region 4 1420 2nd Street Greeley CO 80631 (970) 350-2148 From: Heidi Hansen [mailto:hhansen@co.weld.co.us] Sent: Tuesday, November 10, 2009 9:01 AM To: Brad Mueller; Hice-Idler, Gloria Subject: RE: AmRE-626/SE-1156 Brad, We will of course defer to CDOT because it is their access. I can revise the Public Works comment to say that, when lot SE -1156 is developed it is expected that Turner Blvd will be extended to the north and both lots (AmRE-626 and SE - 1156) will need to access Hwy 119 from Turner Blvd. Does that solve the discrepancy? Thanks, Heidi Heidi Hansen, P.E. Weld County Public Works 1111 H Street Greeley, CO 80631 970.304.6496 ext. 3745 hhansenco.weld.co.us From: Brad Mueller Sent: Tuesday, November 10, 2009 7:11 AM To: Heidi Hansen; Hice-Idler, Gloria Subject: FW: AmRE-626/SE-1156 Hi Heidi and Gloria, I thought I should double-check with the comments from PW regarding SE -1156. The PW memo indicated that "the 1 applicant shall utilize the existing access o this parcel," which I take to mean the one leading onto Hwy 119. Gloria indicates that they should, "in the future", utilize access to the north via Turner. Gloria, your comments could be taken to mean that direct access onto 119 is fine, but that access to the north is expected, or that access is not allowed onto 119. Heidi, I want to be sure that our PW comments are consistent with CDOT's. Bottom -line question — is direct access onto 119 ok or not? It's very close to the I-25 off -ramp (50'), so that's why I thought I should double-check what is wanted. Thanks. Brad From: Hice-Idler, Gloria [mailto:Gloria.Nice-Idler@DOT.STATE.CO.US] Sent: Monday, September 21, 2009 10:28 AM To: Brad Mueller Subject: AmRE-626/SE-1156 Brad, CDOT has no comment regarding these proposals. But in the future both parcels would be expected to access SH 119 via the extension of Turner Boulevard to the north. Gloria Hice-Idler Permit Supervisor CDOT Region 4 1420 2nd Street Greeley CO 80631 (970) 350-2148 2 • • STATE OF COLORADO DIVISION OF HIGHWAYS F.C. Box 850 Greeley, Colorado 80632-0850 (303) 353-1232 April 10, 1984 Mr. Rod Ellison Weld County Planning Department Centennial Center Greeley, CO 80631 Dear Mr. Ellison: S-SU 0072(2) Sec. 2 Longmont -East Parcel No. 44 DOH File 43100 Mr. Les Schacht of Lite Craft Co., Boulder, CO, has asked that the Division of Highways provide some written documentation of our right of way limits on the north side of S.H. 119 in front of C.J.'s Liquor Store. This property is located in the SE 1/4, Sec. 3, T. 2 N., R. 68 W., and is just west of the interchange with Interstate 25. Attached are the following to verify the Division's right of way limits in this area: 1. A photocopy of the Division's Project S-SU 0072(2) Sec. 2, showing the dimensions of Parcel 44. This parcel tapers from a width of 75.0 feet on the north side down to a width of 50.0 feet and runs from there easterly, 50.0 feet northerly of center -line through the area in front of the C.J. Liquor Store. 2. A photocopy of the conveyance deed for Parcel 44 dated November 16, 1970, and recorded at Reception No. 1558306, Book 636. If there are further questions, please don't hesitate to call me at the number given above, extension 72. RT:mbs Attachments cc: A. Chotvacs File Very truly yours, ALBERT CHOTVACS DISTRICT ENGINEER Rex Touslee District Senior Right of Way Agent 1 r Y Cr 0 m U 8 • Mr. Ron Fahrenholtz 3550 Catalpa Way Boulder, Colorado 80302 Dear Mr. Fahrenholtz: CO#CRACO DIV S;ON OF FUG YS 142) Glee! ;i. _. .. ;� ;� Ct,Z32 November 17, 1983 Weld County SH 119 Fahrenholtz Var W. of 1-25 on 'i Side of SH 119 DOH FILE 45100 At your request, we are sending the Weld County Planning Department a copy of our State Right of Way plan sheet for the area along your liquor store property located on the north side of State Highway 119. This plan sheet shows that the right of way tapers from 150 feet to 100 feet at your west property line, 50 feet each side of the highway centerline. Let us know if you need any further information. Very truly yours, ALBERT CHOTVACS DISTRICT ENGINEER —WallacelR. 'Jacobson Transportation Specialist C WRJ:da cc: A. Chotvacs Michael S. Mullen w/attach. Dept. of Plan. Services Weld County 915 Tenth Street Greeley, CO 80631 y •, , L 15' SANITARY SEWER EASEMENT REC. NO. 02181779 LOT 1 RECORDED EXEMPTION NO. RE -626 PARCEL NO. 3131303000032 3.47 ACRES ± 20' ACCESS EASEMENT I1 REC. NO. 1940086 20' SANITARY SEWER EASEMENT REC.NO. 02181779 20' DITCH & UTILITY EASEMENT REC. NO. 01939039 G 20' SANITARY SEWER 2 I EASEMENT // REC. NO. 02181779 �/ / & ---- /- LOT 2 RECORDED EXEMPTION // /4 / NO. RE -626 PARCEL NO. 3131303000033 / ��y 15' INGRESS/EGRESS, I 1.39 ACRES ± / /4(Q',�>i)'i/ EX. LOT LINE EASEMENT, SE LOT 2 / _/ //q- 8 REC. NO. 01939039 0.69 ACRES ± / NEW SE/I,OT'LIf E. ��/ I 35.1' ACCESS I OPENING REC. NO. 2800883 / ' s EXISTING ACCESS J L TO REMAIN .► A SW COR SE-1/4- �- 1/4 ES SEC 3 T2N, R68W, 6th P.M. FND: 3 1/2" ALUM CAP /4oye4� / SE NO. i /// /// EXISTING PARCEL # 131303400035 1.38 ACRES± I j_ 5' TELEPHONE EASEMENT REC.NO. 1471523 35' CDOT ACCESS OPENING REC.NO. 2812705 60' INGRESS/EGRESS EASEMENT `- REC. NO. 0191230 _ EXISTI 10' IRRIGATION EASEMENT REC.NO. 2546528 TO RE L3# 1238 1320.65' G ACCESS AIN COLORADO STATE HIGHWAY 119 (ROW VARIES) REC. NO. 2802483 & 2812706 nil 7,72 "C j" 6' ELECTRI4 EASEMENT REC. N9. 1579916 O �H N CO >- Q NRD O "' (J In � w' r cry c c w . z ▪ U Z K E CUR SEC 3 T2N, R68W, 6th P.M. FND: 3 1/C CDOT ALUM CAP 24307 III CIVIL RES'fURCES, LLC AMENDMENT TO FAHRENHOLTZ RECORDED EXEMPTION 1313-3-4-RE626 DATE: 08/2009 FIGURE: 1 RECORDED EXEMPTION MAP • • NC RECORDED EXEMPTION NO, 1313-3-4-RE•626 FILE R 1007 REC 01940086 09/12/e3 13:12 $6.00 1/002 AR1940086 is F 0898 MARY ANN FEDF.RSTEIN CLERK & RECORDER WELD CO, CO 3960 More?_ N. S9. 31'53°E. LOT I MAW 34'30"E. ESI. 123.7 • • J COLO.STATE NWY.RT.119 g.LINE,$E 1/4 SEC.{ 455113' S.99•22'56"9. STILTS' LOCATION MAP OCALA- 1"• 2000' 0 O O MI N M S • M M N p ti 1 LOT 1- 3.51 A SLOT 2- 1.50 A TOTAL. 5.01 A iCASt 1" • 100" i- ria root 0 - Ina Nit 'tot 9. 1963 SE COIL SEC. 3 aloft 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 #: RE#: 626 1. Applicant Name Civil Resources, LLC Address 323 5th St., PC 2. Address or Location of Access Section 3 Township Box 680 3907 Hwy 119 2N Range 68W City Frederick Date: 08/28/09 Other Case #: Phone 303 State CC Zip 80530 833.1416 Weld County Road #: Side of Road Subdivision Block Lot Distance from nearest intersection 3. Is there an existing access(es) to the property? Yes X 4. Proposed Use: ❑ Permanent ❑Residential/Agricultural ❑ Industrial ❑ Temporary ❑ Subdivision ® Commercial ❑ Other No # of Accesses 1 5. Site Sketch Legend for Access Description: AG RES O&G D.R. 0 O = Agricultural = Residential = Oil&Gas = Ditch Road = House = Shed = Proposed Access = Existing Access OFFICE USE ONLY: Road ADT Date Road ADT Date_ Drainage Requirement Culvert Special Conditions Accidents Accidents Size Date Date I ength Installation Authorized Information Insufficient Reviewed By: Title: 11111111(11111111IIIIIII IIII III!! 111111 IIIIIIII1111III! RF� 3433340 11/09/2006 11 3M Weld County, CO 1 of 3 R 16.00 D 76.00 Steve Moreno Cleric& Recorder Filed for record the day of ,A.D. , at o'clock M. RECORDER. Reception No. By DEPUTY. SPECIAL WARRANTY DEED THIS DEED, Made on this day of I'Of"vv , between EDWARD I. WEDELSTEDT whose legal address is: 2825 E. LONG COURT, GREENWOOD VILLAGE, CO 80121 Grantor(s L. and R &I HOLDINGS. LLC, A COLORADO LIMITED LIABILITY COMPANY whose Ieget address is: 1590 CRESS COURT, BOULDER, CO 80304 of the Grantee(s): WITNESS, That the Grantor, for and in consideration of the sum of I 5250,000.00 en Seven Hundred Fifty Thousand and 00/100 `,e DOLLARS the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm unto the Grantee(s), their heirs and assigns forever, all the real property, together with improvements, if any, situate, lying and being in the County of WELD and State of Colorado, described as follows: LOT I, RECORDED EXEMPTION NO. 1313 -3 -4 -RE 626 RECORDED SEPTEMBER 12, 1983 IN BOOK 1007 AT RECEPTION NO. 01940086 BEING A PART OF THE SE 1/4 OF SECTION 3. TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE 6TH P.M.. COUNTY OF WELD, STATE OF COLORADO also known as street number HWY 119 & 1-25 - VACANT LAND TOGETHER with all and singular end heredi tamcnts and appurtenances [hereunto belonging, or n anywise appertaining and the reversion and reversions, remainder and remainders, rents, issues end profits thereof; and all the estate, right title interest, claim and demand whatsoever of the Graner(s), either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances; TO RAVE AND TO HOLD the said premises above bargained and described with appurtenances, unto the Grantee(s), their heirs, successors and assigns forever. The Grantor, for itself, its successors and assigns, does covenant, and agree that it shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession of the Grantee(s), their heirs, successors and assigns, against all end every person or persons claimi n0 the whole or any part thereof, by, through or under the Grantor(s). EXCEPT GENERAL TAXES AND ASSESSMENTS FOR THE YEAR 2006 AND SUBSEQUENT YEARS AND SUBJECT TO THOSE ITEMS AS SET FORTH ON EXHIBIT 'A' ATTACHED HERETO AND INCORPORATED HEREIN. IN WITNESS WHEREOF the Grantor(s) have executed this deed on the date set forth above. STATE OF Ch\ Mak Inn Canty of D, VA - )6a. ) EDWARDT. WEDELSTEDT BY C. IN FACT The foregoing instrument was acknowledged before me on this" day of by C. GAROLD SIMS AS ATTORNEY IN FACT FOR EDWARD I. WEDELSTEDT 1'10'(Lmbcr, dOo U My commission expires Ri[nea my hind and officiaL seAL. ) _ My Caomission Ernues Aug. 9. 2009 PENNY L. NELSON NOTARY PUBLIC STATE OF COLORADO tirk Escrow# A010000535 When Recorded Return to: Title# FCD25068594 Form No. ca'N.sWO Men recorded retu : R BJ HOLDINGS 1590 CRESS COURT BOULDER, CO 80304 ATM JACK LACY 1Rs- ipo Dec kt313 SKLD LG SKL10231 WE 3433840-2006.001 COLORADO LIMITED DER, CO 80304 tik A J • • I IINl1 MUM 111111! 1111 IIIII rlllll III Irlll lU! Ill! 3433840 11/09/2006 11:38A Weld County, CO 2 of 3 R 16.00 D 75.00 Steve Moreno Clerk & Recorder EXHIBIT A Our Order No. 25068594-4 RIGHT OF WAY FOR COUNTY ROADS 30 FEET ON EITHER SIDE OF SECTION AND TOWNSHIP LINES, AS ESTABLISHED BY THE BOARD OF COUNTY COMMISSIONERS FOR WELD COUNTY, RECORDED OCTOBER 14, 1889 IN BOOK 86 AT PAGE 273. EASEMENT GRANTED TO DEPARTMENT OF HIGHWAYS OF STATE OF COLORADO, FOR ROADWAY, AND INCIDENTAL PURPOSES, BY INSTRUMENT RECORDED APRIL 20, 1953, IN BOOK 1354 AT PAGE 566. EASEMENT GRANTED TO UNION RURAL ELECTRIC ASSOCIATION, INC., FOR RIGHT OF WAY, AND INCIDENTAL PURPOSES, BY INSTRUMENT RECORDED APRIL 22, 1992, UNDER RECEPTION NO. 1889531. EASEMENT GRANTED TO THE STATE DEPARTMENT OF HIGHWAYS, STATE OF COLORADO, FOR ACCESS, AND INCIDENTAL PURPOSES, BY INSTRUMENT RECORDED DECEMBER 17, 1982, UNDER RECEPTION NO. 1911787. TERMS, CONDITIONS AND PROVISIONS OF GRANT OF EASEMENT RECORDED DECEMBER 27, 1982 AT RECEPTION NO. 1912310 IN BOOK 985. TERMS, CONDITIONS AND PROVISIONS OF GRANT OF EASEMENTS RECORDED SEPTEMBER 01, 1983 AT RECEPTION NO. 1939039 IN BOOK 1006. OIL AND GAS LEASE RECORDED JANUARY 16, 1973 UNDER RECEPTION NO. 1605494 AND ANY AND ALL ASSIGNMENTS THEREOF, OR INTEREST THEREIN. TERMS, CONDITIONS AND PROVISIONS OF GRANT OF EASEMENT RECORDED JUNE 06, 1989 AT RECEPTION NO. 2181779. EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE RECORDED EXEMPTION MAP RECORDED SEPTEMBER 12, 1983 IN BOOK 1007 AT RECEPTION NO. 1940086 ANY LOSS OR DAMAGE BY REASON OF THE FENCE LINES DO NOT CORRESPOND WITH THE EXACT PROPERTY LINES AS DISCLOSED BY ALTA/ACSM LAND TITLE SKLD LG SKL10231 WE 3433840-2006.002 • • 111111111131111111111111 11111Q1111111111111111111111111111111111111III 3 0l 3433840 R 15.00 D 75.00 Steve Moreno Clerk & Recorder EXHIBIT A Our Order No. 25068594-4 SURVEY PREPARED BY MERRICK & COMPANY DATED OCTOBER 20, 2006. ALL MATTERS AS DISCLOSED ON ALTA/ACSM LAND TITLE SURVEY DATED OCTOBER 20, 2006 PREPARED BY MERRICK AND COMPANY INCLUDING, BUT NOT LIMITED TO, RIGHTS OF WAY FOR ELECTRIC TRANSFORMER, UNDERGROUND TELEPHONE LINE, UNDERGROUND ELECTRIC LINE, AND UNDERGROUND UNKNOWN UTILITY. 2 SKLD LG SKL10231 WE 3433840-2006.003 1111111111111111111111111111111111111111111111111111111 2982027 08/27/2002 03 48P Weld County, CO 1 of 2 R 10 00 0 0.00 J.A. "Sukl" Tsukamoto QUIT CLAIM DEED 027 THIS DEED, is made this „ 2? day of August, 2002, between RONALD L. FAHRENHOLTZ and DARLENE F. FAHRENHOLTZ, of Boulder County, Colorado, grantors, and the RONALD L. FAHRENHOLTZ REVOCABLE TRUST, dated August 6, 2002, whose legal and administrative address is 701 Hays Circle, Longmont, of the County of Boulder, and State of Colorado, 80501, grantee. WITNESSETH, That the grantors, for valuable considerations and the sum of ten and no 100's dollars ($10.00), the receipt and sufficiency of which is hereby acknowledged, have, and do by these presents, remise, release sell and QUIT CLAIM unto the grantee, its successors and assigns forever, all the right, title, interest, claim and demand which the grantors have in and to the real properly, together with improvements, if any, situate, lying and being in the County of Weld, State of Colorado, to wit: [SEE ATTACHED LEGAL DESCRIPTION) Also known by street and number as: TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging or thereunto appertaining, and all the estate, right, title, interest and claim whatsoever, of the grantors, either in law or equity, to the only proper use, benefit and behoof of the grantee, its successors and assigns forever. IN WITNESS WHEREOF, The Grantors have executed this deed on the date first above written. ACTUAL CONSIDERATION LESS THAN 500 DOLLARS Ronald L. Fahrenholtz Darlene F. Fahrenholtz STATE OF COLORADO ss. County of Boulder The foregoing instrument was acknowledged before me this 6th day of August, 2002, by Ronald L. Fahrenholtz and Darlene F. Fahrenholtz, the grantors herein. WITNESS my hand and official seal. My commission expires: /, po •O 3 Mary Public Low - 6 a C 1)4iCCI 1313©300063? SKLD LG SKL10231 WE 2982027-2002.001 LEGAL DESCRIPTION [Fahrenholtz Deed -8/22/02] I111111111111111111III11111111111111111III11111IIII 1111 2982027 08/27/2002 03:48P Weld County, CO 2 of 2 R 10.00 D 0.00 J.A. "Suki" Tsukamoto That portion of the Southeast Quarter (SE1/4) of Section Three (3), Township Two (2) North more ,naaixty68 Sixty-eight tdesa oft (68 West fthe o6th P.M., County of Weld, State of Colorado, Considering the South line of the Southeast ouarter'(5E1/4) of said Section 1 as bearing South 89'22'56" West and with all bearings contain:0 heroin restive thereto; ComthhennccecalongttheeSouthhline ofrSEthe theist QuarterCor) of said s 3: (SC1/4)of said Section 3, South 89'22'55" West, 578.76 feet; thence Notts. 1'24'42' East, 50.92 feet to the True Point of Beginning; thence North 1'24'42" East, 270.10 feet: thence North 89.34'30" East, 358.35 feet; thence South 41'22'00' West, 362.08 feet; thence South,89'34'30' West, 125.70 feet to the True Point �f Beginning. TOGETHER with and fact to the and width ests of createdsements for inn the granono mss and egress Thirty r Easement recorded December 27, 1982 in Book 985 under Reception Na. 1912310. 1M Count: Secprds. . Grantors herein reserve all right, title and interest in and to all oil, gas and other minerals end mineral rights in, to or under or appurtenant to the promisee; provided, however, that such reservation be and is hereby subordinated to the estate grunts.' herein to the grantees such that grantors, their heirs, eucceescrs and assigns, shall have no right without the expse written consent of the grantees. their successors or assigns, to drill any well or wells or 4 otherwise mine from the surface of the premises or to use the eurf'ct of the premises for any ptuposa; and further provided that any activities the grantors in extracting or otherwise dealing with said minerals and mineral rights shall not cause disturbance or subsidence of the surface of the premises or any improve- aemU thereon of thereunder. SKLD LG SKL10231 WE 2982027-2002.002 CERTIFICATE OF CONVEYANCES STATE OF COLORADO COUNTY OF WELD WELD COUNTY DEPARTMENT OF PLANNING SERVICES Land Title Order No.: R&J The Land Title Guarantee Company (TITLE INSURANCE or ABSTRACT COMPANY) hereby certifies that it has made a careful search of its records, and finds the following conveyances affecting the real estate described herein since August 30, 1972, and the most recent deed recorded prior to August 30, 1972. Legal Description: Lot 1, Recorded Exemption No. 1313-3-4-RE626, according to the map recorded September 12, 1983 in Book 1007 at Reception No. 1940086, being a part of the SE '/4 of Section 3, Township 2 North, Range 68 West of the 6th P.M., County of Weld, State of Colorado, Less any portion contained in deed recorded June 9, 1997 in Book 1610 at Reception No. 2552005. CONVEYANCES (if none appear, so state): Reception No. 1459173, Book 537 /Reception No. 1939037, Book 1006 i/Reception No. 1940086, Book 1007 (/Reception No. 1910258, Book 983 /Reception No. 1911787, Book 984 ,/Reception No. 1912305, Book 985 1/Reception No. 1912306, Book 985 /Reception No. 2443702, Book 1498 /Reception No. 2443704, Book 1498 /Reception No. 2552005, Book 1610 ✓Reception No. 2575022, Book 1633 i/Reception No. 3433840 /Reception No. 3618072 This Certificate is made for the use and benefit of the Department of Planning Services of Weld County, Colorado This Certificate is not to be construed as an Abstract of Title, nor an opinion of Title, nor a guarantee of Title, and the liability of Land Title Guarantee COMPANY, is hereby limited to the fee paid for this Certificate. It Witness Whereof, Land Title Guarantee COMPANY, has caused this certificate to be signed by its proper officer this 1st day of September, 2009 at 5:00 o'clock P.M. LAND TITLE GUARANTEE COMPANY By: Heidi Crue Title Examiner • • 537 MNa22 L% „�,� X1459173 ANN pomp' gtjis Aaii, wad. am Unmated mbar Modred m Sixty-five been. Albert Rademacher and dy of March m we year of oar tae Eva Rademacher of the Neon.: Weld _ __.. _ .a...u, of ... ,.s ear Clarence J. Evers and Vivian P. Evers M ge Cooing of Boulder W Bias of Colorado. of the emS part; WNaesetI\ That the said put of the ant part, for and la wWdmdon of the rem of ONE 6 OVC pou.Ans, to the yid part ieot the beg {ad la bend old by 0.e old pant i oft the wend part, tb neipt whereof le hereby east ewd end aebwwled.S, have granted, bargained, Telpr , sold sad teemed sad these y.,. do Pant Wale. ale. wY, canny and confirm oat. Nu aid perdu et tat sewed part. not In town In common hot in pL-t tangy. W omen, of then. Lab men. mad N. Wln and aeieoe of such survivor (prover. salt)* fWIewlnl described lµ or weal et land. attain, bias and Wee In Um Chanty of Weld and State el ColonW,. taw*: A tract of land containing 5 acres, more or less, located in SE 1/4 of Section 3, Townsh'ip2 North, Range 68 West of the 6th P. M., described as follows: Beginning at the Southeast corner of said Section 3. thence S 89°31' W., a distance of 499.0 feet, to a point; thence N 41048' E, a distance of 41,25 feet to the true point of beginning; thence S 89°34'30"W, along the present north right of way line of Colorado Highway No. 119, a distance of 108.0 feet to a point; thence N 8:3115, a distance of 532.5 feet, to a point{thence N 89.31'E, a distance of 455.4 feet to a point on the present west right of way line of U. S. Highway 87; thence $ 02°19'30"E, along the present West right of way line of Raid U. S. Highway No. 87, a distance of 230.0 feet to a point' thence S 55°00'W, a distance of 35.7 feet to a point; thence S 41°48'W, a distance of 516.35 feet, more or less, to the true noint of beginning. Containing 5 acres, more or less. Together with all tad Scalar W Windhamste and appomereetos Nsoe. trelneinp, or In anywise upper - Wags. and the amnion and re -erases, remJW., end rnaielm. rata luny and ;MY thereof; and .11 the WM right. tide. Intent, clogs and demand whatsoever of Nu Mid pnie8 of the lint put, either in low ,r Malay. of. In and b the abn bargained promisee. with the heMlument& and appurtenances. • Ts Eno and le Nerd the aid premise. shoe. bargained and deurib.d, with the .pporwvnceo, onto the seid Putter of the mron survivorport, the survivor el dam, their ry4pa tad 1M helm ant assigns of Stith survivor M1nwa. AM the raid part ie e,f the Ares part, ler them., vC ln, eutvbra.M Mminlntnsn, no covanant, gent. bargain and arrm le and with the raid parties of the second port, the eurvlv°e of them, their assigns and tb hairy and rostra of such survivor, that at the time of the em a ln, end delivery of thew resew, a: e well total J Ib pnmlra above conveyed... W rood, pun, perfect, absolute sad Indefadhle a... or IMerbnre, b hee. W fed a1mpd. W ha Ye good sift, full power and lawful authority to gnat, Laramie. an and convey 1.61, use In manner mad fern Yan.ald, aid that the use aro feuM Am all .we front tanner and other note, baeJsales. Nadu, N. es. u, tan., ,lawmen. ttn and lmbraeof of whatever king or naWn lamer, except ease- ment recorded in Book 1354, at nage 566, records of Weld County, and Relinquishment of access recorded in book 1500, at page 557, and lb. Lan barntiad pertain In is Wet W peaceable pe.uWen or the Paid metro of ,ha ..+red e.+ .a. 1 =MVO? Wdu, awn awe.. dad lat. ear amens toll and every bonen hrpd... .wfNry claiming to claim the who. or ay Pert thereof. pa of, the self n 105 of the Mpert t oh" a'rl wilt WARRANT AND PORfVP,R DEP.:ND. fe Whams Merest The Mid parties or the not ran hove ..,one , wt their bee' and rani ft the day and von Ant Jnu wrItLen. Sired ae&M and Delivered in the Prelate or Y 7! 1 STATs OP COLORADO, C..,...l.........Boulder.. Auto. f°nPIM IMnm.nt was einowl. edge, befen m. Oda... /y�' . d., of. _ . March . ., 10.65. M..� ter..... Albert Rademacher.and Eva Rademacher \ g Massie my hand and doeW tomb t ci we wnmmlon exam AUeW$t 14, 295,8, 1 Laet.ti ylt%•t..e. .r..n ,'i......u'rM . ..e ......, ..Nii.ra.1:.h. ll n.-es.lee eau's nen to host Taann-flu x4•1 Mato amt eunm.e r.•. r_.... ern.,. P.O. of AR;43103? B 1006 REC 09037 09/01/83 16:22 $6.0 1/002 F 1033 MARY FEUERSTEIN CLERK S RECORDER W CO, CO p Tens D>Sae Made this 29th day of August , 1$3 TILING STAMP Inters CLARENCE J. EVERS and VIVIAN P. EVERS of the County of Weld and State of Colorado, of the first part, end RONALD L. FAHRENHOLTZ and DARLENE F. FAHRENROLTZ 3550 Catalpa Way, Boulder, Colorado 80302 State Documentary Fee Dore of the County of and State of Colorado, of the second part: WITNESSETH, that the said party of the first part, for and in consideration of the sum of One Hundred Fifty Thousand and no/100ths ($150,000.00) DOLLARS and other good and valuable consideration to the said party of the first part in hand paid by the said parties of the second part, the receipt whereof is hereby confessed and acknowledged. has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm unto the said parties of second part, their heir* and assigns forever, not in tenancy in common but in joint tenancy, all the following described lot or parcel of land, situate, lying and being in the County of Weld and State of Colorado, to -wit: See attached Legal Description TOGETHER with all and singular the hereditament' and appurtenances thereunto belonging, ar in anywise apperta:mng and the reversion end reversions, remainder and remainders, rents. issues and profits thereof; and all the estate, right, title, interest, claim end demand whatsoever of the said party of the first part, either in law or equity, of, in and to the above bargained premises. with the heredittmenu and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the said parties of the second part, their heirs and assigns forever. And the said party of the first part, for himself, his heirs, executor., and administrators. does covenant, grant. bargain and agree to and with the mid parties of the second part, their heirs and assigns, that at the time of the caseating and delivery of these presents, he is well seised of the premises above conveyed. as of good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, bens, tsar amusements and lncusnbrsaer of whatever kind or nature waver, Except taxes and assessments for 1983, due and payable in 1984; subject to rights -of -way, covenants, easemens, restrictions and reservations of record or in use, if any; and except any liens created by reason of inclusion of subject property in any tax assessing district's. and the above bargained premises in the quiet and peaceable possession of the mid parties of the second part, the survivor of them, their assigns and the heirs and assigns of such survivor, against all and every person or persons lawfully claiming or to chum the whole or any part thereof, the cold party of the first part shall and will WARRANT AND FOREVER DEFEND. The singular number shall include the plural, the plural the singular, and the um of any gender shall be applicable to all genders. IN WITNESS WHEREOF the said party of the first part has hereunto set bis hand and seal the day and year first above written. Signed, Sealed and Delivered in the Presence of J _ SEAL] Clarence Evers - 'Vivlari fit'.- Evers (SEAL] [SEAL] STATE OF COLORADO, Is. County of Boulder TIM,4regoing irutrument was acknowledged before ma this 29th day of August • .1983 , ,�(la neince J. Evers and Vivian P. Evers ' / •ay C0MEG asibp ices s� . i.1 . 19 Witness my hand sad official seal. till .. \ Warr rablk. : 7 )` �a saAsn pen,-Te islet Tases ea- FIRST AMEN ca'r,rtt COMPCNY ! �_4mrsl person or pefeoes here Insert Daor names: If by person anise la eepreeentatlre or official v say or m atteeee 'fact. then Insert name of person as eaecunor, storm)) le fact or e lse ea edit y! corporation,description, Sr officer f rea• peestla them laser' tame of Such officer or offlara an the prw1M torY Letseesleyneaf, am 11144 Colorado Ravleed Statutes left. SKLD LCD -SKL10231 WE 1939037-1983.001 E IINX ly / 'I 1' r m V f I i 'OQY710700 40 3LLYLB B 1006 REC 01939037 09/01/83 16:22 $6.00 2/002 F 1034 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO z r that portion of the Southeast Quarter (SE1/4) of Section Three (3), Township Two (2) North, Range Sixty-eight (68) West of the 6th ►.M., County of Weld, State of Colorado, more particularly described as follows: Considering the South line of the Southeast Quarter (SE1/4) of said Section 3 es bearing South 89"22'56' West and with all bearings Centaindil ker61R ft)Btlys thereto; Commenting at the Southeast Corner (SE Cor) of said Section 3; thence along the South line of the Southeast Quarter (SE1/4) of said Sect/oa 3. South 69'22'56" West, 578.16 feet; thence North 1'24'42" East. 50.92 feet to the True Point of Beginning: thence North 1'24'42" East, 270.10 feet; thence North 89'34'30" East, 358.35 feet; thence South 41'22'00' West, 362.08 feet; thence 5outh,89'34'30" West, 125.70 feet to the True Point of Beginning. TOGETHER with and subject to the burdens and benefits of easements for ingress and egress Thirty feet and Fifteen feet in width as created in the Grant of Easement recorded December 27. 1982 in Book 985 under Reception No. 1912310. Meld County Records. Grantors herein reserve all right, title and interest in and to all oil, gas and other minerals and mineral rights in, to or under or appurtenant to the premises; provided, however, that such reservation be and is hereby subordinated to the estate granted herein to the grantees such that grantors, their heirs, successors and assigns, shall have no right without the express written consent of the grantees, their successors or assigns, to drill any well or wells or otherwise mine from the surface of the premises or to use the surfact of the premises for any prupose; and further proveded that any activities of the grantors in extracting or otherwise dealing with said minerals and mineral rights shall not cause disturbance or subsidence of the surface of the premises or any improve- ments thereon or thereunder. SKLD LE SKL10231 WE 1939037-1983.002 • S rr RECORDED EXEMPTION NO, 1313-3-4-RE•626 AR194006b 1, 004 ✓ N t N • C 2 O FILE 3460 N RI O B 1007 REC 01940086 09/12/83 13:12 $6.00 F 1/002 0898 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO N.31'53'E. 123,7 COLO.STATE NWY.RT.119 S.LINE:SE I/♦ SEC.$ SE CON. S. et • 22'56" MI . 5 7 t.Tt SEC. 3 ♦53.13' 4, 0 O O C N SI • rs • N ►*V • 0 1. 1y LOT 1- 3.51 A! LOT 2- 1.50 A TOTAL. 5.01 A SCALA 1' • 100' -Ii@$D- 0- Pis teal 0- FL. »t DMZ -lay 9, L965 LOCATION MAP SCAM- 1'' 2000' ST 1 of 2 SKLD LG SKL10231. WE 1940086-1983.001 • RECORDED EXEMPTION NO. I313-3-4-RE•626 terreea,Ktroo 96.413 LODAL DESCRIPTION: 68 tint of That portion et the Southwest Quarter of Section 3, Township nip 2 North, Range the 6th P.N., Vold Cechy, Colo,edo an particularly Msrtbed so fellow: Considering the South line of the Southeast Quarter of sail Soetice 3 ee hearing South 89 22' 56' Meet sal with all eeerLW ecwtalned hereto relative thereto. Coneueleg at the Southwest soresr of said Beetles 3; thew sleet the South line of the Southeast quarter of sold Section 3, South 89' 22' 56' Vat, 518.746 feet: these North 1'240 42" last, 50.9:2 feet to the tree pit of Mltsaiatt theme Meth 1' 24' hY Nast, 615.12 tart; theta. North 89' 31' 53" zest, 453.13 feet to taw Most ritet.et+m7 line of Interstate Route 25 frontage Road: themes slang Yid Meet right -of - MR line, South 2°31' 36" Nast, 230.00 feet; thease South 55' 04' 28' Vat, 35.17 feet: thutse South 41" 22' 00" Vest, 490.06 feet to the North right -of -yap line of Colorado State atdm,q Routs 7e. 119; these along maid rirt-et-eq7 use, South 89" 34' 30' Vest, 125,T0 Not to the true pint of begiaisg. The above described tract contain 5.01 Acres were is Less. Solyeet to ap rieats-of-hey or other sweets es resorted by Distraint of Record or as mew malting s said Isseri►ed tract. NU:7ztOR'a CRRPI7ICATt: 7 -hereby certify that this plat ems preps to the boot of 4 knowledge and belief. ASOt eire supervision and that these a is cornet VI, the etdenipsd, beige the sole ester la fee of the show deesribed property, do hereby subdivide the saes ea shout am the shamed q. rtifiiihties as sake rledrt before en this A.D., 1983. RI steel ism empires:�IA bialy Pain.: Witness a hut ctl 1ssl: The sinempairtas plat Is seapted sal epprorsd for filing. Amer: CDUfR MARC.triebiy-, n i-CQ ; ',w 4/m/ !: � A-�A- DATE: 0 9.. 9 -FS 41 2: 3 • 8 1007 REC 01940086 09/12/83 13:12 $6.00 2/002 MARY ANN FEUERSTEIN CLFPK 6 RECORDER WELD CO, CO F 0899 day of Neat 2 Of 2 SKLD LG SKL10231 WE 1940086-1983.002 I AS1910258 • o'clock ..._..._. • Re R 0983 REC 01910258 12/02/82 10:53 $3.00 1/001 F 0976 MARY ANN FELIEG'SIEIM CLERK 6 RECORDER WELD CO, CO STATE DEPARTMENT OF HIGHWAYS, DIVISION OF HIGHWAYS? whose address is STATE OF COLORADO 4201 East Arkansas Avenue City and County of Denver , and State of Colorado , for the consideration of ONE DOLLAR ($1.00) and other valuable %iYQY16°KY, in hand paid, considerations hereby sell(a) and quit claim(a) to CLARENCE J. EVERS AND VIVIAN P. EVERS, J.T. whose address is /.,ic 3 fi«�C'Y �vr-s�_.rnC' �e�� .S'oA' /J / County of Weld , and State of Colorado rrfha1altmsingcrsst pxopoduc in the County of Weld , and State of Colorado, to wit: EACH AND EVERY RIGHT OR RIGHTS OF ACCESS to and from any part of the right of way of Colorado State Highway No. 119, a Freeway established according to the laws of the State of Colorado, along or across the access line or lines described as follows: S-SU 0072(2)Sec. 2 AC -44 Norther' line (Prof. No.) (Parcel No.) (Location of Line) Beginning at a point on the west property line, from which the SE corner of Sec. 3, T. 2 N., R. 68 W. of the 6th P.M. in Weld County, Colorado bears S. 85° 10' E., a distance of 925.8 feet; 1. Thence S. 89° 49' E., a distance of 115.2 feet; 2. Thence S. 83° 35' 15" E., a distance of 65.0 feet; 3. 'Thence continuing S. 83° 35' 15" E. a distance of 165.3 feet to the east property line. ft is the intent of the Grantor herein to reconvey to the Grantee a portion of th 'access rights along the northerly line heretofore conveyed by deed dated 11/16/19 and recorded 12/2/1970 in Book 636 as Reception Number 1558307, in the County of Weld, Colorado in exchange for a new deed from the Grantee to the Grantor which will change a pnint of access opening. with all its appurtenances Signed Chia 30 - day of November , 1%2. TOM, y/eRI➢, ,'.Chie' f Clerk STATE Of' COLORADO, County of Denver ....STATE_DEEARDIKE lT._OE.RIGHWA iS DIVISION 011 HIGHWAYS CO E. N. HAASL ,— 'e Engineer The foregoing instrument was acknowledged before me this 30th day of November ,1982 ,by R. L. CLEVENGER, for E. N. HAASE, Chief Engineer, and TOM LARIMER, Chief Clerk, for the State Department of Highways, Division of Highways, State of Colorado Sfo&R#1,B6/0ion expires March 12, 1984 .. ` t,(nexa d1y.,band and official seal Near, roauc. 4201 E. Arkansas e : Ni/8t`fu :;0 Denver, Colorado 80222 No. 858. QUIT CLAIM DEED —abort Dna— —nndrord n,bmMne Ce. mid -It Stout Street. Den.... °Arlo -• i SKLD LG SKL10231 WE 1910258-1982.001 31 07.= %” 1021411767 N 0984 REC 01911767 12/17/82 10:31 $6.00 1/002 F 1503 MARY ANN FEUERSTEIN CLERK 6 RECORDER WELD CO, CO KNOWALL MEN BY THESE PRESENTS: That I, or We, CLARENCE J. EVERS AND VIVIAN P. EVERS, J.T. the Grantor a Grantors, of the _. County of Weld ,and Staled Colorado for and inconsideration of the sum of TEN DOLL ARS,and other good and valuable considerations to the said Grantor a Grantors in hand paid, the receipt whereof is hereby cedessed and acknowledged, have granted, bargained, sold and conveyed, and by these presents do hereby GRANT, MRG4/A( SELL, CONVEY AND WANF/MV wee STATE DEPARTMENT OF HIGHWAYS Division of Highways, State of Colorado the Grantee, its successors and assigns torever, the tailoring right and interest in real property, situated in the Cany of Weld and Stale of Colorado. owned by :rid Grantor a Grantors, to -wit: EACH AND EVERY RIGHT OR RIGHTS OF ACCESS OF THE GRANTORS to and from any part of the right of way of Colorado State Highway No. 119, a freeway established according to the laws of the State of Colorado, and from and to any part of the real property of the Grantors in the SE 1/4 of Section 3, Township 2 North, Range 68 West, of the Sixth Principal Meridian, in Weld County, Colorado, abutting upon said Highway, along or across the access line or lines described as follows: S -SO 0072(2) Sec. 2 (Proj. No.) AC -44 Northerly line revised (Parcel No.) (Location of Line) Beginning at a point on the west property line, from which the SE corner of said Section 3 bears S. 85° 10' E. a distance of 925.8 feet; • 1. Thence 5. 89° 49' E. a distance of 77.2 feet to the center of a 35.0 foot access opening which is excepted from this access limitation; 2. Thence continuing S. 89° 49' E. a distance of 38.0 feet; 3. Thence S. 83° 35' 15" E. a distance of 230.3 feet to the east property line. This conveyance is made to change one of the access openings described by deed dated 11/16/1970 and recorded 12/2/1970 in Book 636 as Reception No. 1558307 in Weld County, Colorado. at I Lt 8kpuh1r,G YLWL MAIL ID: i'.z ,) - .� gl It,nnniri nl the S:,le H'n/ 4t,., ..:y. .1 1444,1410DMi iLl arsj Dann. owaW 8022(2Z2 ♦Rtanols Ilpmt of Wry Seit e SKLD LG SKL10231 WE 1911787-1982.001 iM0 /{wb�n�'In togelher with all the mvurtenonces thermion heavging. Excepting, however, from this grant, the right of the Grantor or Grantors to hove the following point or points of access at the locations set forth hereinafter, lobe limited, however, in use by the Grantor or Grantors, to the width and location hereinafter designated: WIDTH CENTER OF ACCESS OPENING OPPOSITE— LT. OR RT ( TL STATION 35 foot left 338 + 12 according to centerline stationing of the Grantees Project No. S —SD 0072 (2) Sec. 2 Further ',scenting from this grant, the right of the Grantor or Grantors to have access across the aforesaid line or lines at those points where passageways under the roadway, and public openings in said line or lines, may be provided per that purpose by the Grantee. This deed, and the rights and interests herein conveyed, shall be and constitute a perpetual burden upon the real pro- perty of Grantor or Grantors, adjoining the hereinbefore deathbed acmes line or lines, anon which access will be Siestas herein set forth, and shell be binding upon** Grantor or Grantors, and all the heirs, successors and assigns of the Grantor or Grunion, with respect to said adjoining real property. And the Grantor or Grantors, far thermals and for (heir heirs, successors, scuts, administrators and ossps, dooms nerd, gam, bargain and agree to and with the Grantee, its successors and assigns, the above bargained access rights and interests, in the quiet and peaceable possession of the Grantee, and its successors and assigns, miming all and every penal or pests law- fully claiming,ar to claim, the whole or any pat thereat by, thraegh or under the Granter or Gmkss,lo WARRANT AND FOREVER d`°,t9 RA 4,21#414, n0 y�, ..... !ciis!ad, sealed and delivered this >Z Y Id cloy Of J� ¢t NOT4,p `" P A -slate , VBLIC , e: Count, of r41(40 f r. The foregoing Instrument was acknowledged betas me mis...2M4—day of by CLARENCE 3. EVERS MD VIVIAN P. EVERS. ,AD,1982 r Ce./ -ate C CE J. EVERS /-ter,-, VIVIAN P. EVERS Witness my had and official seat. p My Commission spires 3_/0_ v) L STATE OF by PiA ,A 0,19 82 County of Tlw began g instrument was odnowledged beforesetts tits Witness my hand and official sal. My Commission spires Clory Public deg of ,AD,19 Notary Public m Lii O W A A = 7 l^ -c n K 0 w Z + Z m - M CC -4r- m_ z J oC r r-i 9- v U Z+ m 0 3 C mw 7J E o Plea c c NI N o SKLD LG SKL10231 WE 1911787-1982.002 AR191,23115 Hero Et 0985 REC 01912305 12./27/02 1 2:04 $6.00 1/001 Beer F 0046 MARY ANN FEIJERSTF_TN CLERK h RECORDER WELD CO, CO THIS DEED Made this 20th day of December , Iq 82, Between Clarence J. Evers mind Vivlmi P. Evers of the County of Boil) der and State ofColo- redo,ofthe first part, and MUSKET CORPORATION, an Okl ahomel Corporation a corporation organized and existing under and by virtue of the laws ofthe State of Oklahoma of the second hart: whose legal address Is P. O. Box 26210, Oklahoma City, Oklahoma 73126 RECORDER'SSTAMP P State Documentary Fee 29 � Date DECC WITNESSF:rII, That the said part ies of the first part, or mum in consideration of the sun of ONE HUNDRED P.LOII'fY-TWO THOUSAND AND NO/100 * * * * * * * * * * * * * * a00Ll.AHs to time sold part 0f (lie first purl in hand paid by the swirl party of thesecond part. the receipt whereof is hereby confessed and acknowledged, bnvikranted, bargained, sold and conveyed, and by these presents do grant, bargain, sell, convey and confirm, unto the said party of the second part its successors and assigns forever, all of the followingdescribed lot or parcel of land, situate, lying and being n the said flaunty of Weld and State of Colorado, to wit: - Sue Exhibit A attached hereto and made a part hereof TOGETHER with all and singular the heredlta meats and appurtenances !hereunto belonging or in anywise upper taiuing, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right, title, interest, claim and demand whatsoever of the said part f eo of the first part, either in law or equity, of, in end to the above bargained premises, with the heredilaments and appurtenances. TO HAVE AND TO 1101.1) the said premises above bargained and described, with the nppurtennnces, unto the said party of the second part, its successor and assigns forever. And the sold part Ies of the first part, for them sal yes the Uirs,executors, and administrators, do covenant,grant, bargain and agree to and with the said party of the second part, its successors and assigns, that at the time of the ensealing and delivery of these presents, they are well seized ofthe premises above conveyed, as of good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and ha vgood right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that time ,eons are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments and encumbrances of whatever kind or nature socver, Except taxes and assessments for 1982, doe and payable in 1983; subject to rights -of -way, covenants, easements and restrictions of record or in use; if ally; and except any liens created by reason of inclusion of subject property in any to assessing districts; except 011 & Gas Lease from Clarence 'tJ. Evers and Vivian l'. Jile iknisbyirtii ikiiikkAllkeCfn°1.:Ps nixti ec uactdand pace?u5imeaeLsiiu2 of ihAan gr?9 ofptiS°Scdro °J'pe°: nv6 successor and assigns, against all end every person or persons lawfully claiming or to claim the whole or any part thereof, the said part of the first part shall and rill WARRANT AND FOREVER DEFEND. IN WITNESS WHEREOF, The said part of the first part ha hereunto set hand and seal _ the day and year first above written. Signed, Sealed and Delivered in the Presem ire of * and any interest therein or assignmen Lhereol ;except rights of access to State Depdfrfitimiht of Highways; -Stara -of 09jageudo, recorded December 2, 1970, ' rkiH89t; -Reception No. 1558307.---- \-.1.t:x$ i1rir;i$TAT Y:OF'COLORADO, 55 ryOIiJ (3 N. J ; County of Boulder up1Nj(e fnFYaoi9instrument was acknowledged before me this 23rd "��/ { fi O rf7¢p4tnYG;°..CSorence J. Evers and Vivian I Evers >: iQrAnfnuspmms expires 3- 6'!/lr� WITNESS my band and ofnciol seal. a Cla (Inc e e J. S er Fyer Tan r kVA l9-tLY2/l SEA 1.1 dayof Dec ember !SEA I. I SEA I.I 77a0U 3oten'PoWk. Aa.V J n • So. Ill. wANNA.\I V 1,LLIsTU 1:Ub1'UsATiux For Yhalarrepalr It 4. -el%! braille rd Publishing. Co.. lest Sisal Srreel, Ihnver.Glor ado 1673 b0115 -I0 ra vers 5494, * SKLD LG SKL10231 WE 1912305-1982.001 I I Ic 0985 RFC 01912305 12/27/82 17:04 $6.00 2/002 F 0047 MARY ANN FEOERSIEIN CLERK A RECORDER WELD CO, CO EXHIBIT A (Attached to and forming a part.of Warranty Deed dated .December 20, 1982 from Clarence J. and Vivian P. Evers to Musket Corporation) LEGAL DESCRIPTION OF PREMISES A Tract of land located in the SEy Of Section 3, Township 2 North, Range 68 West of the 6th P.M., Weld County, Colorado, described as follows (the "Premises"): Beginning at the Southeast corner of said Section 3, thence South 89°31' West a distance of 499.0 feet to a point; thence North 41°48' East a - distance of 41.25 feet to a point; thence South 89°34'30" West along the present North right of way line of Colorado Highway 4119 a distance of 108.0 feet to true point of beginning; thence North 01°31' East, a distance of 632.5 feet to a. point; thence South 89°31' West a distance of 345 feet to a point; thence South 01°31' East a distance of 632.5 feet to a point on the North right of way of Colorado Highway 4119; thence Easterly along said right of way 345 feet to a point of beginning EXCEPT that portion conveyed to The Department of Highways, State of Colorado by deed recorded December 2, 1970 in Book 636 as Reception No. 1558306. EXCEPTING and RESERVING, however, unto the parties of the first part all right, title and interest in and to all oil, gas and other minerals and mineral rights in, to or under or appurtenant to the Premises; provided, however, that such reservation be and is hereby subordinated to the estate granted herein to the party of the second part such that the parties of the first part, their heirs, successors and assigns, shall have no right without the express written consent of the party of the second part, its successors or assigns, to drill any well or wells or otherwise mine from the surface of the Premises or to use the surface of the Premises for any purpose; and further provided that any activities of the parties of the first part in extracting or otherwise dealing with said minerals and mineral rights shall not cause disturbance or subsidence of, the surface of the Premises or any improvements thereon or thereunder. " 9"1 SKLD LG SKL10231 WE 1912305-1982.002 AR1912306 0 Recorded ol_._ t. B 0905 REC 01912306 12/27/192 12:04 $3. 00 1 /001 r 0040 MARY ANN ITUERSTEIN CLERK t. RECORDER OrLD CO, CO RECORDER'S STAMP THIS DEED, blade this 20th day or December a) 82. between Clarence J. Evers and Vivian P. Evers of the County of Boulder and state of - CAorado,ofthefirstpart.and Musket Corporation, an Uclahola corporation whose legal address is P. 0. Box 26210, Oklahoma City, Oklahoma 73126 afeta Rxtmlaac mobOo6o6c L)tIOtW)P, of the second part, W ITNKSSF,TI I, That the said part ietdthe first part, for and in consideration of the suni of TEN DOLLARS AND OTHER GOOD AND VALUABLE. CONS II)FRATIONS * * * * * * * * DOLLARS, to the said part ieshf the first part in hand paid by the said part y of the second part, the receipt whereof la hereby ten leased and acknowledged, ha remised, released, sold, conveyed pad QUIT Clot IS ED, and by these presents do remise. release,sell, convey and QUITCLAIM unto the said party of the second part, its %11d≥, au ccessors and assigns, forever, all the right, tit Ie, Interest, claim and demand which the said parQ°a of the first part ha Vt.' in and to the following described lot or parcel of land situate, lying and being in the said County of Weld and State of Colorado, to wit: That portion of the Southeast Quarter of Section 3, Township 2 North, Range 68 West of the 6th P.I4., Weld County, Colorado more particularly dedcribed as follows: Considering the South line of the Southeast Quarter of said Section 3 as bearing South 89°22'56" West and with all bearings contained herein relative thereto: Contlencing at the Southeast corner of said Section 3; thence along the South line of the Southeast Quarter of said Section 3, South 89°22'56" West 578.76 feet; thence North 1°24'42" East 50.92 feet to the true point of beginning; thence along the North line of Colorado State Highway Route #119 the following two (2) courses and distances; North 84°19'32" West 230.34 feet and South 89°34'30" West 116.17 feet; thence North 1ti24'42" East 590.52 feet; thence North 89°34'30" East 200.94 feet; thence. North 89°31'53" East 145.06 feet; thence South 1°24'42" West 61.5.12 feet to the tnie point of beginning. 1W1 .144 1d/+hFEbA1 Al dOd d '1'U DAVE AND TO 1101.1) the same, together with all and singular the appurtenances and privileges thereunto belonging or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever, of the said port ieG,f the firrtfjar tje,Spm4 in law or eqully, to the only proper use. benefit and bel,00f of the said party of ef)f% the second pert, itaito assigns forever. IN WITNESS WI I FR FOP, The said pardeS of the first part haVO hereunto set theirand5 kAALIA the day and year first above written. -yL/I SEAII Signed, Sealed and Delivered in the Presence or C1arCOCT7l. Ev 3 STA TE OY'COLOIIA DO, county of Boulder q/ Y man PT Evers 'The foregol!hg Instrument was acknowle gad before me this 23rd 19 _82 yya'v; Cleratce J. (Wears and Vivian P. Evers day of Ducemher ...1 �L' jti u1) expires 3 -/6 ,l9�5 Witness my hand and official seal. : Y !` si4.\fir -U' `r) j ayf Ct!,.., PU t\'� r',' _ C—� .0: XLGGL-_ rt CC,, Vt ffyort L°U' :10.1 �C�o. %%¢/� 0)!db cc, No. 933,gun as1r ur:r:o.nse�,u••ms.s•.r. `a`•w.s,n a,.. ,,',-,•.a. CO non u .nonncv,m- eel SEAld (SEA I.I [SEAL) SKLD LG SKL10231 WE 1912306-1982.001 • Att24437132 2443702 B-1498 P-195 06/23/95 12:43P PG 1 OF 1 Weld County CO Clerk & Recorder Quit @claim Deed • REC DOC 5.00 Vivian P. Evers acting as agent for Clarence J. Evers, and Vivian P. Evers, Whose address is 1203 Princeton Court Longmont, Colorado 80501, for the consideration of Ten Dollars, in hand paid, hereby sell and quit claim to Vivian P. Evers, whose address is 1203 Princeton Court Longmont, Colorado 80501, the following real property, in the County of Weld and State of Colorado, to wit: That portion of the Southeast Quarter (SE 1/4) of Section Three (3), Township Two (2) North, Range Sixty-eight (68) West of the 6th P.M., Weld County, Colorado, more particularly described as follows: Considering the South line of the Southeast Quarter (SE 1/4) of said Section 3 as bearing South 89°22'56" West and with all bearings contained herein relative thereto; Commencing at the Southeast Corner of said Section 3; thence along the South line of the Southeast Quarter (SE 1/4) of said Section 3, South 89°22'56" West, 578.76 feet; thence North 1°24'42" East, 321.02 feet to the True Point of Beginning; thence North 89°34'30" East, 358.35 feet; thence North 41°22'00" East, 127.98 feet; thence North 55°04'24" East, 35.17 feet; thence North 2°31'38" West, 230.00 feet; thence South 89°31'53" West, 453.13 feet; thence South 1°24'42" West, 615.12 feet to the Point of Beginning; TOGETHER WITH all rights of way and easements appurtenant thereto. Also known as 3901 I-25 and 119, Longmont, Colorado With all its appurtenances. [Actual consideration for this conveyance less than $500.] Signed on Litt 21, ) '15 , 1995. STATE OF COLORADO ss. COUNTY OF BOULDER I 7/ ] 5 The foregoing instrument owledged before me on . i - Vivian P. Evers, indiv� •r'!L v•: ent for Clarence J. Eve . My commission e at' Septembelhfs,S 998 Witness my hand -'Id Offic13 • • dy'•, silvan P. Ems e aim for Cane= L Even /...,..:4-.--1--)-L-2-t' ` U !/"? /Q VMu P. Eva, Nopp MAssodates, p.c. • 2110 Tbunmin M14w Atwi4 lniymm4 CO eon ♦ 4Sac JNll4404S ♦ 'A4ba343UR2913 Notary Public • 5a3a3-768709 by: SKLD LG SKL10231 WE 2443702-1995.001 • 2443704 B-1498 P-197 06/23/95 12:44P PG 1 OF 1 REC• DOC —Weld County CO Clerk & Recorder 5.00 *K21441704 @uit @claim Deed Vivian P. Evers, Whose address is 1203 Princeton Court Longmont, Colorado 80501, for the consideration of Ten Dollars, in hand paid, hereby sell and quit claim to The Vivian P. Evers Charitable Remainder Unitrust dated June 22, 1995, whose address is 1203 Princeton Court Longmont, Colorado 80501, the following real property, in the County of WEED and State of Colorado, to wit: That portion of the Southeast Quarter (SE 1/4) of Section Three (3), Township Two (2) North, Range Sixty-eight (68) West of the 6th P.M., Weld County, Colorado, more particularly described as follows: Considering the South line of the Southeast Quarter (SE 1/4) of said Section 3 as bearing South 89°22'56" West and with all bearings contained herein relative thereto; Commencing at the Southeast Corner of said Section 3; thence along the South line of the Southeast Quarter (SE 1/4) of said Section 3, South 89°2T56" West, 578.76 feet; thence North 1°24'42" East, 321.02 feet to the True Point of Beginning; thence North 89°34'30" East, 358.35 feet; thence North 41022'00" East, 127.98 feet; thence North 55°04'24" East, 35.17 feet; thence North 2°31'38" West, 230.00 feet; thence South 89°31'53" West, 453.13 feet; thence South 1°24'42" West, 615.12 feet to the Point of Beginning; TOGETHER WITH all rights of way and easements appurtenant thereto. Also known as 3901 1.25 and 119, Longmont, Colorado With all its appurtenances. [Actual consideration for this conveyance less than $500.] Signed on 2,11 2!, I1C15 1995. 4-Ler a-YcJ Cam"' T Vivnn P. Evan STATE OF COLORADO 1 1 COUNTY OF BOULDER 1 /� The foregoing instrumen wascx{tapwledged before me on Clone 21, 17`15 by Vivian P. Evers. p, ..¢(/% My commission ex p egiSeptember 1rd tt LIZ Witness my hand aofficial-KW SS. of cot.' -'P< Hupp o Ruadaas, p.c. •530510,,,,..,. tir,wAt"uc£or.nt Co 8.502 ♦aKam 3m.nuws • San 3WNR29U • %<i3W 76 7W SKLD LG SKL10231 WE 2443704-1995.001 Rd at o'clock M • ion Na Recorder • DF 25 SPECIAL WARRANTY DEED THIS DEED, made this day of ,19 between THE VIVIAN P. EVERS CHARITABLE REMAINDER UNITRUST County of of the Weld , State of -Colorado, groatw(s) and DEPARTMENT OF TRANSPORTATION STATE OF COLORADO whoaeiegmaddmssis 4201 E. Arkansas Ave., Denver, CO 80222 of the City and County of Denver , State of Colorado,gnantee(s): WITNESSEH, That the gramorfs), fw and in consideration of the sum of $2,488.05 Two Thousand Four Hundred Eighty Eight and 05/100 DOLLARS, the receipt and sufficiency of which is hereby acknowledged, has granted. bargained, sold and conveyed, and by these presents do es grant, bargain, sell, convey, and confirm, unto the g uneels) i t S heirs and assigns forever, all the real property, together with improvements, if any, situate, lying and being in the County of Weld , State of Colorado, described as follows: See attached Exhibit "A" dated February 4, 1997 for Project Number: IR-IM(CX) 0253(110) Parcel Number: 8 Project Code: 91033 2552005 0-1610 P-194 06/09/1997 10:32A PG 1 OF 2 EEC DOC h Weld County CO JA Suki Tsukamoto Clerk & Recorder 11.00 0.25 also known by street and number as: assessor's schedule or parcel number: TOGETHER with all and singular the berediumenta and appurtenances th rem belooan& win anywise appertalmn& and the revnmion and msmioos, remainder and remainders rents, issues and petits thereof; and all the estate, right, title interest, claim and demand whatsoever of the granlor(a), either in law or equity, oe in and to the above bargained premises, with the hereditaments and appurtenances; TO -HAVE AND.7'O-HOLDthe saidpremises above hareainedandAescribed 4IhlheaWaartevances..unto the grans.e(s),. its. hens_ and assigns forever. The grantor(s), for i t sel f its heirs and personal representatives or successors, do es covenant and agree that it shall and will WARRANT AND FOREVER DEFEND the above -bargained premises iv the Quiet and peaceable possession of the granteels), it S heirs and assigns, against all and every person or persons claiming the whole or any part thereof, by, through or under the grantor(s). IN WITNESS WHEREOF, the grantmn(s) ha S executed this deed on the date set forth above. THE VIVIAN P. EVERS CHARITABLE REMAINDER UNITRUST STATE OF COLORADO countyd Boulder The foregoing instrument was acmowledged before me this 29th day of May by Walter J. HOpp, Independent Special Trustee. of THE VIVIAN P. EVERS Iidif,l/ fecrol Tntsfri CHARITABLE REMAINDER UNITRUST 9fin ova insert "City and"- } ss. Witness my hand and official seal Mycommisaionaping Nov. 23, 199 C 5CNes M Noon Cleat NertY Crested teal ,1997 • Na 16. Rev. 4-94. SPECIAL WAaRANry DEED Bedford Publiaaiq.5743 Ware S., nearer, CO 10202 —(31111292-2500-9-95 SKLD LG SKL10231 WE 2552005-1997.001 • EXHIBIT "A" PROJECT NUMBER: IR-IM(CX) 025-3(110) PARCEL NUMBER: 8 PROJECT CODE: 91033 DATE: February 4, 1997 J PGAJ, DESCRIPTION A tract or parcel of land No. 8 of the Department of Transportation, State of Colorado, Project No. IR-IM(CE) 025-3(110) containing 135.2 square meters (1455 square feet), more or less, in the SE 1/4 of Section 3, Township 2 North, Range 68 West, of the Sixth Principal Meridian, in Weld County, Colorado, said tract or parcel Of land being more particularly described as follows: Commencing at the SE corner of Section 3; Thence N. 37° 16' 56" W., to the existing west right of way line of Interstate 25 (1958), a distance of 42.223 meters (138.53 feet); Thence N. 1° 46. 17" W., along said right of way line, a distance of 98.580 meters (323.42 feet) to the TRUE POINT OF BEGINNING; 1. Thence N. 1' 46' 17" W., along said right of way line, a distance of 15.000 meters (49.21 feet); 2. Thence S. 55° 37' 22" W., a distance of 10.700 meters (35.10 feet); 3. Thence S. 1' 46' 17" E., a distance of 15.000 meters (49.21 feet); 4. Thence N. 55° 37. 22" E., a distance of 10.700 meters (35.10 feet) to said right of way line, more or less, to the TRUE POINT OF BEGINNING. The above described tract or parcel contains .014 hectares / 135.2 square meters (.033 acres / 1455 square feet), more or less. Basis of Bearings: All bearings are based on a line connecting the SE corner of Section 3, T. 2 N., R. 68 W. 6th P.H. (0 5 rebar) and the SW corner of the SE 1/4 of the SE 1/4 of Section 3, (3 1/2" alumiiwm cap stamped LS 1238) as bearing N 89' 51' 38" W. onr alf of b€'`\Colarado epamt of fooppoxt{) n Myron ,nave Bora, 3LS'0s9.�54 1420 2nGreeley;.'a0I 80631 2552005 8-1610 P-194 06/09/1997 10:32A PG 2 OF 2 C:\PROJECThWie33\COCO 8 WPD SKLD LG SKL10231 WE 2552005-1997.002 2575022 5-1633 P-526 10/21/1997 OL:14P PG 1 OF 1 REC Weld County CO IA Suki Tsukamoto Clerk & Recorder 6.00 SPECIAL WARRANTY DEED THIS DEED, Made this 15th day of OC tether ,1997 , between THE_ VIVIAN. P.- EVERS CHARITABLE- REMAINDER UNITRUST DATED - JUNE 22,1995 of the said County of BOULDER EDWARD J. WEDELSTEDT and State of COLORADO , grantor, and DOC 45.00 whose legal addressee yo --�, W. It �l..dl,.i V✓dar 1�., 1O3 (,.�.-. d.5wJr{�, '3 lur,1 IbCIU of the said County of WELD- and Stow -of COLORADO - f. -r. zir n 5i.pl l Co. rico0al WITNESS, that the grantor, for and in consideration of the sum of POUR HUNDRED FIFTY THOUSAND & DOLLARS, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the grantee, his heirs and assigns forever, all the real property, together with improvements, if any, situate, lying and being in the said County of WELD and State of Colorado described as follows: Lot 1, RECORDED EXEMPTION NO. 1313 -3 -4 -RE 626 recorded September 12, 1983 in Book 1007 at Reception No. 01940086 being a part of the SE 1/4 of Section 3, Township 2 North, Range 6B West of the 6th P.M., County of Weld, State of Colorado as known by street and number as: TED STATE HWY 119, LONGMONT, CO TOGETHER with all and singular the hcreditaments and appurtenances thereto belonging, or in anywise appertaining. and the reversion and reversions, remainder and remainders; rents; issues -and profits thereof, and all the -estate; right; tide, interest; cmim'snd-detrand-what- soever of the grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said promisee above bargained and described with the appurtenances, unto the grantee , his heirs and xcxlnen forever. The grantor, for himself, his heirs, and personal representatives or successors, do covenant and agree that he shall end will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession of the grantee, his heirs and assigns, against all and every person or persons claiming the whole or any part thereof, by, through or under the grantor. The singular number shall include the plural, the plural and the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF, the grantor has executed this dead on the date set forth above. State of COLORADO ss. County of WEED' S0k&t. r 4 BDN NDENT SPECIAL TRUSTEE The foregoing instrument was acknowledged before me this 15th day of OC tabor by WALTER J. HOPP, INDEPENDENT SPECIAL TRUSTEE OF THE VIVIAN REMAINDER UNITRUST DATED JUNE 22,1995 — My commission expires Januatent .+996, . Witness my At; :i1),71ISSO EXPifinjan. 15.117 & Pile N. e71 t n31 &well TSM of Lorimer Cou , Inc. No. 14 SPECIAL WARRANTY DEED an. am SKLD LG SKL10231 WE 2575022-1997.001 1111111 IIIII 11111 11111111111111111,111111 III! III!itll III 11111 III! 1111 3433840 11/09/2006 11:38A Weld County, CO 1 of 3 R 16.00 0 75.00 Steve Moreno Clerk 8 Recorder Filed for record the day of Reception No. at • o'clock M. By RECORDER DEPUTY. SPECIAL WARRANTY DEED THIS DEED, Made on this day of I H Og "ULP between EDWARD). WEDELSTEDT whose l eget address is: 2825 E. LONG COURT, GREENWOOD VILLAGE, CO 80121 Grantor (a), and R & J HOLDINGS, I.).C, A COLORADO LIMITED LIABILITY COMPANY whose legal address is: 1590 CRESS COURT, BOULDER, CO 80304 of the Grantee(s): WITNESS, That the Grantor, for and in consideration of the sum of ( 4750,000.00 ••• Seven Hundred Fifty Thousand and 00/100 "' DOLLARS the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm unto the Grantee(s), their heirs and assigns forever, all the real property, together with improvements, if any, situate, lying and being in the County of WELD and State of Colorado, described as follows: LOT L RECORDED EXEMPTION NO. 1313 -3 -4 -RE 626 RECORDED SEPTEMBER 12, 1983 IN BOOK 1007 AT RECEPTION NO. 01940086 BEING A PART OF THE SE 1/4 OF SECTION 3. TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE 6TH P. M., COUNTY OF WELD. STATE OF COLORADO also known as street number HWY 119 & I-25 - VACANT LAND TOGETHER with all and singular and heredi ta,ents and appurtenances thereunto belonging, or in anywise appertaining and the reversion and reversions, remainder end remainders, rents, issues and profits thereof; and all the estate, right title interest, claim and demand whatsoever of the Grantor(s), either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances; TO HAVE AND TO HOLD the said premises above bargained and described with appurtenances, unto the Grantee(s), their heirs, successors and assigns forever. The Grantor, for itself, its successors and assigns, does covenant, and agree that it shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession of the Grantee(s), their heirs, successors end assigns, against all and every person or persons claiming the whole or any part thereof, by, through or under the Grantor(s). EXCEPT GENERAL TAXES AND ASSESSMENTS FOR THE YEAR 2006 AND SUBSEQUENT YEARS AND SUBJECT TO THOSE ITEMS AS SET FORTH ON EXHIBIT 'A. ATTACHED HERETO AND INCORPORATED HEREIN. IN WITNESS WHEREOF the Grantor(s) have executed this deed on the date set forth above. STATE OF (o \orctdU DAvg- County of C.L.2_,A1 T Ot LL& ! 4 `�l 'li.. j �a•w AL F EDWARD) WEDELSTEDT BY C. AROLD SIMS AS ATTORNEY IN FACT The foregoing instrument was acknowledged before me on this" dayof of by C. GARULD SIMS AS ATTORNEY IN FACT FOR EDWARD ). WEDELSTEDT �10VLmhtr, ?CO U My comnissi on expires Vi-nest:and and official, seAl PENNY L. NELSON NOTARY PUBLIC STATE OF COLORADO My Commcss,or xdoss Aug.). 2009 otr4C Escrow# AC10000535 When Recorded Return to: Tittea FCC25068594 Form No. COMM.SNO Men recorded return: R 8 J HOLDINGS 1590 CRESS COURT BOULDER. CO a0304 ATrN: JACK LACY COLORADO LIMITED DER, CO 80304 SKLD LG SKL10231 WE 3433840-2006.001 13433840 11/09/2006 11:38A Weld 1111111111 lilt 1111111 IIII 11111 :11 11111111 1111 1111 County, 2 of 3 R 16.00 D 75.00 Steve Moreno Clek & Recorder • EXHIBIT A Our Order No. 25068594-4 RIGHT OF WAY FOR COUNTY ROADS 30 FEET ON EITHER SIDE OF SECTION AND TOWNSHIP LINES, AS ESTABLISHED BY THE BOARD OF COUNTY COMMISSIONERS FOR WELD COUNTY, RECORDED OCTOBER 14, 1889 IN BOOK 86 AT PAGE 273. EASEMENT GRANTED TO DEPARTMENT OF HIGHWAYS OF STATE OF COLORADO, FOR ROADWAY, AND INCIDENTAL PURPOSES, BY INSTRUMENT RECORDED APRIL 20, 1953, IN BOOK 1354 AT PAGE 566. EASEMENT GRANTED TO UNION RURAL ELECTRIC ASSOCIATION, INC., FOR RIGHT OF WAY, AND INCIDENTAL PURPOSES, BY INSTRUMENT RECORDED APRIL 22, 1992, UNDER RECEPTION NO. 1889531. EASEMENT GRANTED TO THE STATE DEPARTMENT OF HIGHWAYS, STATE OF COLORADO, FOR ACCESS, AND INCIDENTAL PURPOSES, BY INSTRUMENT RECORDED DECEMBER 17, 1982, UNDER RECEPTION NO. 1911787. TERMS, CONDITIONS AND PROVISIONS OF GRANT OF EASEMENT RECORDED DECEMBER 27, 1982 AT RECEPTION NO. 1912310 IN BOOK 985. TERMS, CONDITIONS AND PROVISIONS OF GRANT OF EASEMENTS RECORDED SEPTEMBER 01, 1983 AT RECEPTION NO. 1939039 IN BOOK 1006. OIL AND GAS LEASE RECORDED JANUARY 16, 1973 UNDER RECEPTION NO. 1605494 AND ANY AND ALL ASSIGNMENTS THEREOF, OR INTEREST THEREIN. TERMS, CONDITIONS AND PROVISIONS OF GRANT OF EASEMENT RECORDED JUNE 06, 1989 AT RECEPTION NO. 2181779. EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE RECORDED EXEMPTION MAP RECORDED SEPTEMBER 12, 1983 IN BOOK 1007 AT RECEPTION NO. 1940086 ANY LOSS OR DAMAGE BY REASON OF THE FENCE LINES DO NOT CORRESPOND WITH THE EXACT PROPERTY LINES AS DISCLOSED BY ALTA/ACSM LAND TITLE SKLD LO SKL10231 WE 3433840-2006.002 111111111111 M11 111111111 IIII IIIII 111111 III 11111 III IIII 3433840 11/09/2006 11:38A Weld County, CO 3 0l 3 R 16.00 D 75,00 Steve Moreno Clerk & Recorder EXHIBIT A Our Order No. 25068594-4 SURVEY PREPARED BY MERRICK & COMPANY DATED OCTOBER 20, 2006. ALL MATTERS AS DISCLOSED ON ALTA/ACSM LAND TITLE SURVEY DATED OCTOBER 20, 2006 PREPARED BY MERRICK AND COMPANY INCLUDING, BUT NOT LIMITED TO, RIGHTS OF WAY FOR ELECTRIC TRANSFORMER, UNDERGROUND TELEPHONE LINE, UNDERGROUND ELECTRIC LINE, AND UNDERGROUND UNKNOWN UTILITY. 2 SKLD LG SKT!10231 WE 3433840-2006.003 ! N . • _ b k 7 54 RZI ftggl N § CERTIFICATE OF CONVEYANCES STATE OF COLORADO COUNTY OF WELD WELD COUNTY DEPARTMENT OF PLANNING SERVICES Land Title Order No.: Fahrenholtz The Land Title Guarantee Company (TITLE INSURANCE or ABSTRACT COMPANY) hereby certifies that it has made a careful search of its records, and finds the following conveyances affecting the real estate described herein since August 30, 1972, and the most recent deed recorded prior to August 30, 1972. Legal Description: That portion of the Southeast Quarter of Section 3, Township 2 North, Range 68 West of the 6th P.M., County of Weld, State of Colorado, more particularly described as follows: Considering the South line of the Southeast Quarter of said Section 3 as bearing South 89°22'56" West and with all bearings contained herein relative thereto; Commencing at the Southeast Corner of said Section 3; Thence along the South line of the Southeast Quarter of said Section 3, South 89°22'56" West, 578.76 feet; Thence North 1°24'42" East, 50.92 feet to the true point of beginning; Thence North 1°24'42" East, 270.10 feet; Thence North 89°34'30" East, 358.35 feet; Thence South 41°22'00" West, 362.08 feet; Thence South 89°34'30" West, 125.70 feet to the true point of beginning, Less any portion contained in deed recorded September 1, 1983 in Book 1006 at Reception No. 1939037. CONVEYANCES (if none appear, so state): 'Reception No. `Reception No. /Reception No. 1/Reception No. ;/Reception No. /Reception No. Reception No. 1459173, Book 537 1939037, Book 1006 1940086, Book 1007 1944582, Book 1011 2600883 2982027 3618073 This Certificate is made for the use and benefit of the Department of Planning Services of Weld County, Colorado. This Certificate is not to be construed as an Abstract of Title, nor an opinion of Title, nor a guarantee of Title, and the liability of Land Title Guarantee COMPANY, is hereby limited to the fee paid for this Certificate. It Witness Whereof, Land Title Guarantee COMPANY, has caused this certificate to be signed by its proper officer this 1st day of September, 2009 at 5:00 o'clock P.M. LAND TITLE GUARANTEE COMPANY By: Heidi Crue Title Examiner Identify Results • • Page 1 of 1 Account#: R5578486 Owners Name & Address: FAHRENHOLTZ RONALD LTRUST 701 HAYS CIR LONGMONT, CO 80501-5239 Business/Complex: C l ,S LIQUORS Parcel Valuation Legal Description Property Address: Street: 3907 119 HWY City: WELD Parcel#: 131303000033 PT SE4 3-2-68 LOT 2 REC EXEMPT RE -626 EXC BEG SE COR N89D51'W 578.76' N05D10'E 85.8' TO TPOB TH S89D49'E 156.11' S42D07'W 46.85' N89D45'W 126' N05D10'E 34.75' TO TPOB SITUS: 3907 119 HWY WELD 00000 Land Value Impr. Value Total Value Tax Area: $332,376 $93,488 $425,864 Townsfflp Range Section Quart. Sec. 02-68-03-0 Land Subtotal: Sale Price Sale Date $150,000 Land Assessed Value Impr. Assessed Value Total Assessed Value $96,390 $27,110 $123,500 Bordering County: Subdivison Nam_ eBlock# Lot# Square Feet:60432 Deed Type Reception # 9/1/1983 X0012906 http://maps2.merrick.com/Website/Weld/setSgl.asp?cmd=QUERY&DET=Parcel&pin=131... 9/1/2009 so MS Mae 22 .0. a a$ ."-'-ca'.r>Le 04m04% 14511173 SPOmee 7/45-1 athSS flub, rode Ira /.f -7° an et March in w rat *font w graft, ea Owned else d ad Sixty-five beaten Albert Rademacher and Ewa R.adeeacher of the coons. of Weld Clarence 3, Evers end Vivian P. Evers W tw Cray of Boulder .m tool, °f Cgerao, of the acme awl; WNe�lb. nee the mid part of the ant part, for and Is enddendm of the e® of ONE 6 OVC pouwRs. b tea raid pert 1epf the art put In band paid by the aid pestles of the woad part. the receipt whereof le baby semi end aeb'eel.Wm ei. have rated. haisd, saw end moped. end M wrelent." ,t.do rut Jet.. tenancy,servitor• taut ..Se,. as to w of d tee of eewh ',., Leman all the fall oble Yalta la or peal et lad. .x°.te. l pee ad 4W in to County of Weld ea Stet. of Coloreds. bat: A tract of land containing 5 acres, more or less, located in SE 1/4 of Section 3, Town:hip 2 North, Range 68 West of the 6th P. M., described as follows: Beginning at the Southeast corner of said Section 3. thence S 89°31' W., a distance of 499.0 feet, to a point; thence N 41°48' E, a distance of 41.25 feet to the true point of beginning; thence 5 89°34'30"W, along the present north right of way line of Colorado Highway No. 119, a distance of 108.0 feet to a point; thence N el°31'E, a distance of 532.5 feet, to a point;thence N 89°31'i, a distance of 455.4 feet to a point on the present west right of way line of U. S. Highway 87; thence 5 02°19'30"E, along the present West right of way line of Said U. S. Highway No. 87, a distance of 230.0 feet to a point; thence S 55°00'W, a distance of 35.7 feet to a point; thence S 41°481W, a distance of 516.35 feet. more or less, to the true point of beginning. Containing 5 acres, more or less. Taeaame with elI ad *Inaba the N,.Nueeu sad epparts:aes thereto heleneing or In earth. apper- taining. W the minion as n.oMa n4 remainder as nsWMro, ate. frrom end ornate hereof; and all the lab. tight, title, lata.at. .Wm °d Jenad *hartr of 1M said Mniesef te drat part, tither in ter er yNty, :let; la ad to W ahamlet pnaWa the Farad & wry .red with ne'urcu' Ta lien ad to Ndd the sold imml. a abort ha.nbwa.d de a heir the apporuich a, win the toed prey of the raid poet the 'salvor of On., Ml, eynp, tpd ea er.. ml .green. Of such mnlvor former. And thas said pan Setr the ant pan, for thcm.id artase. Woad and theml.lner of do Wail wine d taiga and armband With the wild theirs of the Woad pan, the font,, of thee. their salt,. wall eked f the wlen of salt tiMron that at the thee of IM .nW IM .a dolly., of these prateher are yn.Uad gray, egooty.d, 04 al food. sore. poRM..Yaltu.d 4gram, We..e.w of Inheritance. three, I° 4t, In re Slept, .d ha vewood right. fullthat 1pYe�saame uae anderlty to erDN, l tartar rt alto, sell d grate, Wg.lu. aka the ante in liana, taw. fentwmeer.h• sod lecumbreee. n rp cwt WO Odrrnawnasaver, eXce tother e ease- ment recorded in book 1354, et nape 566, records of Weld Counter, and Relinquishment of access recorded in Book 1500, at page 557, sea the sten beeniM pnelr. 1 the ,lets wnable peweulen of the rain in et n.. ..+.a p'" =”07al ol I:.a.:.4. ea.i 1L W assign. .npinst all (*din .Dory person or 1e at lrwelly dada to dale eM whole er any pert thereof, the said pan jet of the Oat pan civil amt VIII WARRANT AND or DEFSNO. is 'lieu Wiring, The al' p.tie, of °. stn eel have hare°..,. el their .n' teal w the day Ltd van Ant Jgrr written. .... ale'ad.asld adodlo.,ed inti. rnrewnf i r"'/, //�`t I.�LC Jlr'ae �l• hand e cH� STATE OP toLOaADD. Ce.ay a.._ _ _BouLJer_. ............4 The foraying IMnment tee ¢:nowt. edged beer,... Oita... .uV .gray .r_.. March , m. 65. •bp_ Albert P.ademacher.and. Eva Nedemecher Minm me'va ofd edictal sal. Mynmmlsalm.551.. AtgDfit.14, 1969,/_ h _i,L, . • 7 Petite e ......w.u.G...in.i w ad ned w........,'rfor.w. am. to a r X71131037 , B 1006 REC 0.037 09/01/63 16:22 $6.0 1/002 F 1033 MARY FEUERSTEIN CLERK S RECORDER WE CO, CO a 0 L\ Tins DEED, IRma tM 29th day of August ,v83 between CLARENCE J. EVERS and VIVIAN P. EVERS at the County of Weld Colorado, of the first part, end and State of RONALD L. FAHRENHOLTZ and DARLENE F. FAHRENHOLTZ 3550 Catalpa Way, Boulder, Colorado 80302 of the County of and State of Colorado. of the second part: WITNESSETH, that the said party of the first part, for and in consideration of the sum of One Hundred Fifty Thousand and no/100ths (5150,000.00) DOLLARS and other good and valuable considerations to the said party of the first part in hand paid by the said parties of the second part, the receipt whereof is hereby confessed and acknowledged. has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm unto the said parties of second part, their heirs and assigns forever, not in tenancy in common but in joint tenancy, all the following described lot or parcel of land, situate, lying and being in the County of Weld and State of Colorado. to -wit: PILING STAMP State Documentary Fee Cote See attached Legal Description I TOGETHER with all and singular the bereditaments and appurtenances thereunto belonging, or in anywise appertaining and the reversion and reversions, remainder and remainders. rents, issues and profits thereof: and j I, all the estate, right, title, interest, claim and demand whatsoever of the said party of the first part, either in law or (� equity, of, in and to the above bargained premises, with the bereditaments and appurtenances. ,% TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the secfir) said parties of the remand part, their lain and assigns forever. And the said party of the first part, for himself, his '[ heirs, executors. and administrators, don covenant, grant, bargain and agree to and with the mid parties of the second part. their heirs and assigns, that at the time of the ensealing and delivery of these presents, he is well seised of the premises above conveyed, as of good, wore, perfect, absolute and indefeasible estate of inheritance. In law, in ,I fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner • and form aforesaid, and that the same are free and dear from all former and other grants, bargains, sales, liens, taza amassment, and Inenmbraowa of whatever him or nature server, Except taxes and assessments for 1983, due and payable in 1984; subject to rights -of -way, covenants, easements, restrictions and reservations of record or in use, if any; and except any liensl created by reason of inclusion of subject property in arty tax assessing distric4�s. and the above bargained premien in the quiet and peaceable poaaemioo of the said parties of the second part, the survivor of them, their assigns and the heirs and assigns of such survivor. against ail and every person or persons lawfully claiming or to claim the whole or any part thereof, the said party of the first part shall and will WARRANT AND FOREVER DEFEND. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF the said party of the first part has hereunto sat his hand and seal the day and year first above written. Signed. Sealed and Delivered in the Presence of STATE OF COLORADO, Boulder m' County of ' T7Mdelvgoing instrument was m acknowledged before e this 29th day of August .1983 ,^(10 ink:ince J. Evers and Vivian P. Evers T, ♦ .hand 13 Witness my apd official seal. ♦ My Cam " sibp Npues L • �.� n f� .-y •- Salary ram, \ o L , " _j ��Qf'0G/C.{„ ' ..._... _...... SEAL] Clarence Evers [SEAL] �j/eVf•it5ti �' E ers�'. [SEAL] -- .(.`-gn.AenT gam —Tit Joist Tamar e,w$T *MEXICAN TiT LE cOMIaNY ynimi pens or mine here lawn ease or mime: a bs wine aetlae la repnmwt,uve or official capacity or aa t�'tset then iteert arm. of person as etenotnr. alterse Ie-fW or other capacity or deserlptioa. If Sy Officer of ei.f• ppeea- a((a<hsItb, henwen eaftw web officer or Colorado Revised se the 1•61. rebwa t or ether offof each corporation, teams tt—Saneloey miner .n SKLD LG SKL10231 WE 193903"7-1983.001 _ _ V • z O r r 'o 9 c 8 CTI B 1006 REC 01939037 09/01/83 16:22 $6.00 2/002 F 1034 MARY ANN FEUERSTEIN CLERK 6 RECORDER WELD CO, CO That portion of the Southeast Quarter (SE1/4) of Section Three (3). Township Two (2) North, Range Sixty-eight (68) West of the 6th P.N., County of Weld, State of Colorado, more particularly described as follows: Considering the South line of the Southeast Quarter (5E1/4) of said Section 3 as bearing South 89'22'56' West and with all bearings conteiaad etyma relative thereto; Commencing at the Southeast Corner (SE Cor) of said Section 3; thence along the South line of the Southeast Quarter (SE1/4) of'said Section 3, South 69'22'56" West, 578.76 feet; thence North 1'24'42" East, 50.92 feet to the True Point of Beginning: thence North 1'24'42" East. 270.10 feet; thence North 89'34'30" East, 358.35 feet; thence South 41'22'00" West, 362.08 feet; thence South -89'34'30" West, 125.70 feet to the True Point of Beginning. TOGETHER with and subject to the burdens and benefits of easements for ingress and egress Thirty feet and Fifteen feet in width as created in the Grant of Easement recorded December 27. 1982 in Book 985 under Reception No. 1912310. Veld County Records. Grantors herein reserve all right, title and interest in and to all oil, gas and other minerals and mineral rights in, to or under or appurtenant to the premises; provided, however, that such reservation be and is hereby subordinated to the estate granted herein to the grantees such that grantors, their heirs, successors and assigns, shall have no right without the express written consent of the grantees, their successors or assigns, to drill any well or wells or otherwise mine from the surface of the premises or to use the surfact of the premises for any prupose; and further proveded that any activities of the grantors in extracting or otherwise dealing with said minerals and mineral rights shall not cause disturbance or subsidence of the surface of the premises or any improve- ments thereon or thereunder. SKLD LG SKL10231 WE 1939037-1983.002 rr RECORDED EXEMPTION NO. I3I3-3-4-RE•626 FILE CO AR1940086 f F 0898 MARY ANN FEUERSTEIN CLERK 6 RECORDER WELD CO, 346O 1/002 W 44 B 1007 REC 01940086 09/12/83 13:12 $6.00 n.e9. 31'53"E. ♦53.13' .•1,a .O° ',6) N AMP N f f 126.7 O COLO.STATE NWY.RT.119 S.LINE.SE 1/4 SEC.3 z a SAW 22.56"W. STILTS. LOCATION NAP OCALA- C• 2000' LOT 1- 3.51 A LOT 2- 1.50 A TOTAL, 5.01 A sent 1" • 100' -L[nD- 4- Pia Tort 0- PL Mt DMZ •IM1 9, 1963 se CON. SEC. 3 NAST 1 et SKLD LG SKL10231 WE 1940086-1983.001 • 1 Udall It3CRIPTId: that portico of the Southeast Quarter of Settle 3, Township 2 North, near 68 Moot of the 6th P.m., Veld Culp, Goland° spore partialarl7 L saribel as felling: Considering the lath ilea of the Sao Southeast Quarter of mall Bastian 3 a Mariag Bath 69'lath 22' 56' West aMl etth all learisp sa.tatal berets relative thereto. CacossetaN at the Southeast soresr of mid beetles 3; testes eloog the South lime of the Southeast quarter of all Beetles 3, loath 89622' $6' Wet, 570.'16 feet; theses Worth 1' 24' 42" wt, 50.92 foot to the true pint of beglastag$ theses north 1' 24' 42' Nat, 615.12 feet; theses Worth 89' 31' 53' East, 453.13 root to the West right -.fay lime of Interstate Roots 25 frontage Rosa; themes aloes Mail Mast ri+t-of-SY lime, Sole 2' 31' 54' Nast, 230.00 teat; ths... South 55' Oh' 24' Vest, 35.17 test; theses South 41' 22' 00' West, ►90.06 feet to the North right -of -vow lime of Colorado State 70 to the true Mi;of 9these beginning. along aid riebt-Of-emy Lire, South 89' 34' 3N' West, The above described tract contains 5.01 Acres were or loss. Sub4eet to any rights -of -way or other sasrets ea recorded Ivy Instrastt of Record or as ear wasting ow ail &ascribed tract. BUIYNSOR'3 CrrfITZCATN: Thereby certify that this plat as preps to the host of 4 kaool.Nas eel belief. RECORDED EXEMPTION NO. 1313 -3 -4 -RE -626 .e1aea4 4c4? 9h✓Ya A(�' L. �Off�� lJbtfa supervision and that theease is correct el, the umdersigasl, baisg the sole OMIT* la fee of the sheen described property, do hereby subdivide the as as *bows co the attained ape The f (riN rtl leyessd ion empires: Oats* Public: tie use ackeowleAgea before on this A.D., 1903. Witness or hood ad 004.12 My of CC Bose,/ ifs aesatprg4.ng plot is aessptsd awl approved for alias. ASTpo1': L71/ff Cis: i1 "1-2VL,a t<',L,+J it . _ .711 'iCIL^.rs" 9 - 9 D1Rl: - F3 Blat 2 Dt 2 B 1007 REC 01940086 09/12/83 13:12 56.00 2/002 F 0899 MARY ANN FEUERSTEIN CLEPY a RECORDEF. WELD CO, CO SKLD LG SKL10231 WE 1940086-1983.002 AR:L95L46Sa S 1011 R>_ 1942852 10/26/23 09:03 n0 06 P 113.0 NA' _ AWN c-EU'ERSTEIN -CLERIC--5 RECORDER WELD CO, 1_/0:11_ O CO QUIT CLAIM DEED Cla;ence J. Evers and Vivian P. Evers, as joint tenants, whose address is 1203 Princeton Court, Longmont, County of Boulder, and State of -Colorado, for the consideration of Two Dollars and No/100 Dollars, in -,hand paid, hereby sells and quit claims to CLARENCE J. EVERS,and VIVIAN P. EVERS, tenants in common, whose address is 1203 Princeton Court, Longmont, County of Boulder, and State of Colorado, the following real property, in the County of Weld, and State of Colorado, to -wit: That portion of the Southeast Quarter (SE 1/4) of Section Three (3), Township Two (2) North, Range Sixty-eight (68) West of the 6th P.M., Weld County, Colorado, more particularly described as follows: Considering the South line of the Southeast Quarter (SE 1/4) of said Section 3 as bearing South 89°22'56' West and with all bearings contained herein relative thereto; Commencing at the Southeast Corner of said Section 3; thence along the South line of the Southeast Quarter (SE 1/4) of said Section 3, South 89°22'56' West, 578.76 feet; thence North 1°24'42' East, 321.02 feet to the True Point of Beginning; thence North 89°34'30' East, 358.35 feet; thence North 41°22'00' East, 127.98 feet; thence North 55°04'24' East, 35.17 feet; thence North 2'31'38" West, 230.00 feet; thence South 89°31'53' West, 453.13 feet; thence South 1°24'42" West, 615.12 feet to the Point of Beginning; TOGETHER WITH all rights of way and easements appurtenant thereto. with all its appurtenances. Signed this 25th day of October , 1983. larence J. Ever STATE OF COLORADO ) ss. COUNTY OF BOULDER ) C //%% v - Vivian P. Evers The foregoing instrument was acknowledged before me this 25th day of October , 1583, by Clarence J. Evers and Vivian P. Evers, as joint tenants. My commission expires: June 9th, 1986. Witness my hand and official seal. Lary Public .,uF%,; (/address: 401 Main Street Longmont, CO 80501 "futui&"lax statements to: ••rUL...`"; o f 9jt- and -A4: Clarence J. Evers 1201 ttlbeeton Court SKLD LG SKL10231 WE 1944852-1983.001 ,rued at 111111111111111111 III�IIII Inn" III IIIII 1111 IIII .goon vo 2600883 03/20/1998 10:43R Meld County CO 1 of 3 R 16.00 D 3.50 JR Sukl Taukamoto • WARRANTY DEED THIS DEED, Mace this day of 19 between of me RONALD L. FAHRENHOLTZ and DARLENE F. FAHRENHOLTZ County of Boulder and Mate of Cotmado. grantor, and DEPARTMENT OF TRANSPORTATION STATE OF COLORADO whose legal address it 4201 E. Arkansas Ave., Denver, CO 80222 of the City and County of Denver and State of Colorado. grantee: W ITNESSErH, That the grantor for and in consideration of the sum of $35,005.00 Thirty Five Thousand Five and no/100 DOLLARS, the receipt andsuffciencvof which is hereby acknowledged. has granted. bargained. sold and o veyed. and by these preens does grant, Inngddk. sell. convey and confirm. Unto the grantee his heirs and assigns forever. all the real property together with Improvements. If any. situate. lying and being in the County of Weld and Stale of Colorado described as follows: See attached Exhibits "Art and "rB" dated May 21, 1996 for Project Number: IR-IM(CX) 025-3(110) Parcel Numbers: 12 AND AC -12 Project Code: 91033 as known by street and number as. assessors. schedule or parcel number: TOGETHER with all and singular the heredimments and appurtenances thereto belonging. or in anywise appertaining. and the reversion and inversions, remainder and remainders, rents. Issues and profits thereof, and all the estate, right, title. Interest, claim and demand whatsoever of the grantor, either in law or equity, of, in and to the above bargained premises. with the hereditxmrznu and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appunenances. unto the grantee. his heirs and assigns forever And the grantor. for himself. his heirs, and personal representatives, does covenant, grant, bargain, and' agree to and with the grantee, his heirs and assigns, that at the time of the enseal ing and delivery of these presents. he is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple. and has good right. full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same am free and clear from all former and other grants. bargains, sales. liens, taxes, assessments. ear ambrances awl restrictions of whatever kind or nature sorter, except The grantor shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession of the grantee, his heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof The singular number shall include the plural, the plural the singular, and the ate of any gender shall be applicable to all genders. IN WITNESS WHEREOF, the grantor has executed this deed on the date set forth above. SIArE OF t,o.r.O Carl Anil v., 12 An County of Yip en$t t 1 as. The foregoing instrument was acknowledged before me this 1-2 �-y day or HAMM.- . 19 q� by Ronctld k, Fah fen ho cl F, Fa 1herrha u1t My commission expires ni„LQ / As- aaas. -a'4 D&ANAIASSlM pamidant 110818 Nsay RtIc-tdlaHiO wcufn eyeakla1S7001 'It in Denver. insert Ctty end 200 MY Witness my hand and Lore at seal. soot, wan, ame and Address of Rom Oaring Newly Craw Legal Omenpuon14 54a5aee.5, C.R.SI No. 931A. Rev. 4-94. WARRANTY DEED If., Photographic Rates) Bradford Publishing. 1745 Wauc 51, Denver CO 80202 —1)0112923500— 0Aa SKLD LC SKL10231 WE 2600883-1998.001 X111111111$AIM 1111 II 2 -of 33 R- 18-.20 1998 10.43A Weld County CO 0 3 50 JP-Suki taaukemoto EXHIBIT "A" PROJECT NUMBER: IR-IM(CX) 025-3(110) PARCEL NUMBER: 12 PROJECT CODE: 91033 DATE: May 21, 1995 • LEGAL DESCRIPTION A tract or parcel of land No. 12 of the Department of Transportation, State of Colorado, Project No. IR-tM(CX) 025-3(110) containing 456.0 square meters (4908 square feet), more or less, in the SE 1/4 of Section 3, Township 2 North, Range 68 West, of the Sixth Principal Meridian, in weld County, Colorado, said tract or parcel of land being more particularly described as follows: Commencing at the SE corner of Section 3; Thence N. 89° 51' 38" W., along the south line of the SE 1/4 of the SE 1/4 of Section 3, a distance of 176.406 meters (578.76 feet); Thence N. 2° 10' 00" f:., a distance of 26.151 meters (85.80 feet) to the TRUE POINT OF BEGINNING; 1. Thence S. 89' 49' 00" E., a distance of 47.582 meters (156.11 feet); 2. Thence 5. 42"- 07' 26" w., a distance- of 14-.280 meth's- (46.85 feet)- to the -existing - north right of way line of S.N. 119 described in book 636, Rec.1558306 of the Weld County records (1970); Thence N. 09' 45' 30" W., along nail existing north right. of way line, a di st.;m Co of 36.405 meters (126.00 feet) to the east line of: a parcel described in Book 1258, Recp. t 02207847 of the Weld County records; 4. Thence N. 2° 10' 08" E., along said east line, a distance of 10.591 meters (34.75 feet), more or less, to the TRUE -POINT OF -BEGINNING. The above described Parcel contains 0.046 hectares / 456.0 square meters (0.113 acres / 4908 square feet), more or less. Basis of Bearings: Allbearings are based on a line connecting the SE corner of Section 3, T. 2 N., R. 68 th P.M. (t 5 rebar) and the SW corner of the SE 1/4 of the SE 1/4 of Section 3,ef— f mum cap stamped LS 1238) as bearing N 89' 51' 38" W. s/° Id o epa rtmen Myron Duo 1420 2nd. his the petu ia.. of ' yi SJNa4Q(t �ri ii the flan and fe,. Descriptions necessary w Any caU additional Rigid d Way aru, pen ernu for the Department of T,anspoal lAndSuneyonhatITA bpai`.��' Iiisdui swlsndticmwe,Lme,iadwd..Anrent thh liof aadunmson. These montheuments mentn am lobe obe eofar p,npmiwallaN Survcyv,a uall30.-"' X78,rz duly mid and rryrtums,he rmditians present the lime of acqunium. lfiaemmmmen(s arc ha be destroyed by the Spalding Highway mnnmaion. and shall be referenced and upgraded during said construction. B -s f of the0Vol traiiora,r allen P[S§1 9P. . ti• Greeley, C64'° redo 631 (:o i.Rrea I, ilvc,N hi, SKID LG SKL10231 WE 2600883-1998.002 1111111 Illll111111 IIIILIIIIIIIIIIIII IIIII 11111111 2600863 03/20/1998 10:43R Mold County CO 3 of 3 R 16,00 D 3 00 JA Suk1 Tsuk.moto EXHIBIT "B" PROJECT NUMBER: IR-IM(CX) 025-3(110) PARCEL NUMBER: AC -12 !RUJECT CODE: 91.033 DATE: May 21, 1996 • EACH AND EVERY IHIGUT OR RIGHTS OF ACCESS OF 1'IlE GRANTOR to and from any part of the Right of Way of Colorado State Highway No. 119, a freeway established according to the laws of the State of Colorado and from and any part of the real property of the Grantor in the SE 1/4 of the SE 1/4 of Section 3, Township 2 North, Range 68 West, of the Sixth Principle Meridian, in Weld County, Colorado, abutting upon said Highway, along or across the access line or lines described as follows: IR-IM(cxl 025-3(1101 AC -12 Northerly (Location of Line) Commencing at the SE corner of Section 3; Thence N. 89' 51' 30" W., along the south line of the SE 1/4 of the SE 1/4 of Section 3, a distance of 176.406 meters (,578.76 feet); Thence N. 2° 10' 08" E., a distance of 26.151 meters (85.80 feet) to the TRUE POINT OF BEGINNING; 1. Thence S. 89' 49' 00" E., a distance of 10.290 meters (33.79 feet) to the center of a 10.7 meter (35.10 feet) opening which is being excepted from this access limitation; 2. Thence S. 89' 49' 00" E., a distance of 37.284 meters (122.32 feet). The right of the Grantor to have the following points of access at the location set forth hereinafter, to be limited in use by the Grantor to the width and location designated according to the centerline stationing of the Grantee's Project Number: IR- IM(CX) 025-3(110). CENTER OF ACCESS OPENING OPPOSITE WIDTH LT. OR RT. CENTERLINE STATION 10.7 meters (35.10 feet) LT. 0+139.6 Basis of Bearings: All bearings are based on a line connecting the SE corner of Section of Section 3, (3 1f/2"Gtaluminum cap s6ar) tampedrdLS he SW 1238) corner nbearing liN 89' e SE 1514of ' 38"the SE 1/4 W. F and ., et a1bf..the Colorado �Depact et rranspottatlpn Myron D ne ora, PLS'_j29714 .75P.1420 2.75P.( eley,l CO., 80631 h 6 the pm of tills ]snd Surveyor to ( ttpate die Plsu w,d Dunipaorn nc«sury m acquim addhioatl Right of way uk Uwnenu for da mn Depwml of Tean,ponuion'ore do wnvvoaion pt dw/llahway pmFu mlevtud in tis deed. Any ull In a mb,undard manwnmt. nn dw Board of Re6'nruiet for professional Lwd r, wA filgpmflW16%-n)l, hduly .-,wrd rgxu+ents awmnditiotu p,,mlat ate line ofacquhllion. Thatmommmu art tole denroyed by the impealding(Ii ' ymm.Ynl)imai4IIballbu mfermerd and upstWd during,dd comwetion. t0<1 M<Cai4, 1wavIIly EKES LO SKL10231 WE 2600883-1998.003 1111111 IIIII 1111111 III IIIII11IINIIIIYIIINUIWI IN • 2982027 08/27/2002 03 48P Weld County, CO 1 of 2 R 10.00 0 0.00 J.A. 'Sold" Taukamoto QUIT CLAIM DEED 027 THIS DEED, is made this ,p; day of August, 2002, between RONALD L. FAHRENHOLTZ and DARLENE F. FAHRENHOLTZ, of Boulder County, Colorado, grantors, and the RONALD L. FAHRENHOLTZ REVOCABLE TRUST, dated August 6, 2002, whose legal and administrative address is 701 Hays Circle, Longmont, of the County of Boulder, and State of Colorado, 80501, grantee. CONSIDERATION LESS THAN 500 D WITNESSETH, That the grantors, for valuable considerations and the sum of ten and no 100's dollars ($10.00), the receipt and sufficiency of which is hereby acknowledged, have, and do by these presents, remise, release sell and QUIT CLAIM unto the grantee. its successors and assigns forever. all the right title, interest, claim and demand which the grantors have in and to the real property, together with improvements, if any, situate, lying and being in the County of Weld, State of Colorado, to wit: [SEE ATTACHED LEGAL DESCRIPTION} Also known by street and number as: TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging or thereunto appertaining, and all the estate, right, title, interest and claim whatsoever, of the grantors, either in law or equity, to the only proper use, benefit and behoof of the grantee. its successors and assigns forever. IN WITNESS WHEREOF, The Grantors have executed this deed on the date first above written. Ronald L. Fahrenholtz STATE OF COLORADO County of Boulder } I ss. Darlene F. Fahrenholtz /« fire -4 The foregoing instrument was acknowledged before me this 6th day of August, 2002, by Ronald L. Fahrenholtz and Darlene F. Fahrenholtz, the grantors herein. WITNESS my hand and official seal. My commission expires: /— RO `O 3 o T y[SEAL) 1J;a:/j7 olary Public SKLD LG SKL10231 WE 2982027-2002.001 LEGAL DESCRIPTION [Fahrenholtz Deed -8/22/02] I 111111 11111 1111111 III 11111 1111111 111111 III 11111 IIII IIII 2982027 08/27/2002 03•48P Weld County, CO 2 of 2 R 10.00 D 0.00 J.A. "Suki" Tsukamoto That portion of the Southeast Quarter (SE1/4) of Section Three (3,), Township Two (2) North, Range Sixty-eight (68) West o1 the 6th P.K., County of Weld, State of Colorado, more particularly described as follows: Considering the South line of the Southeast Quarter (SE1/4) of said Section 1 as bearing South 119.22156° West and with all bearings cootsinsd Stun rnlitive thereto; Conmenctng at the Southeast Corner (SE Cor) of said Section S: thence along the South line of the Southeast Quarter (5E1/4) of said Section 3, South 89'22'56" West, 518.76 feet; thence Nort.. 1'24'42' East, 50.92 feet to the True Point of Beginning; thence North 1'24'42' East, 270.10 feet; thence North 89'34'30' East, 358.35 feet; thence South 41'22'00' West, 362.08 feet; thence South, 89'34'30' West, 125.70 feet to the True Point Jf Beginning. TOGETHER with and subject to the burdens and benefits of easements for ingress and egress Thirty feet and Fifteen feet in width as created in the Brant of Easement recorded December 27, 1982 In Book 985 under Reception No. 1912310, Weld Countt. Recprds. Grantors herein reserve all right, title and interest in and to all oil, gas and other minerals and !mineral rights in, to or under or appurtenant to the premise's; provided, however, that such reservation be and is hereby subordinated to the estate grantal herein to the grantees such that grantors, their heirs. succesetrs end assigns, shall have no right without the exp:ass written consent of the grantees, their successors or assigns. to drill any well or wells or A otherwise wine from the surface of the remises or to use the surf*cc of the tfe grantors premises for any propose; end further proveded that any activities in extracting or otherwise dealing with said minerals and mineral rights shall not cause d_aturbance or subsidence of the surface of the premises or any improve- ments thereon or thereunder. SKLD LG SKL10231 WE 2982027-2002.002 /Reception No. 'Reception No. ✓Reception No. VReception No. /Reception No. 1 -Reception No. vl4eception No. VReception No. 1574763 2390641, Book 1443 2802483 2812705 2812706 3618075 3556082 3556083 This Certificate is made for the use and benefit of the Department of Planning Services of Weld County, Colorado. This Certificate is not to be construed as an Abstract of Title, nor an opinion of Title, nor a guarantee of Title, and the liability of Land Title Guarantee COMPANY, is hereby limited to the fee paid for this Certificate. It Witness Whereof, Land Title Guarantee COMPANY, has caused this certificate to be signed by its proper officer this 1st day of September, 2009 at 5:00 o'clock P.M. LAND TITLE GUARANTEE COMPANY Heidi Crue Title Examiner Identify Results • • Page 1 of 1 Account#: R5578586 WELD COUNTY ASSESSOR PROPERTY PROFILE Tax Area: 2341 Bordering County: Acres: 1.64 Township Range Section Quart. Sec. 02-68-03-4 Owners Name & Address: R&J HOLDINGS LLC 701 HAYS CIR LONGMONT, CO 80501 Business/Complex: Sale Date 5/22/2008 Sale Price $475,000 Parcel#: 131303400035 Subdivison Name Block# Lot# Property Address: Street: 3979 119 HWY City: WELD Sales Summary Deed Type SWD Legal Description Reception # 3556083 25062A PT SE4 3-2-68 BEG 589D31'W 109.2' & NODO4'W 35' FROM SE COR 589D31'W 225' N148.77' N41D48'E 310.35' N55D E 93.87' 50D04'E 257.11' 589D31'W 33.9' SOD04'E 98.7' S18D40'W 79.1' M/L TO BEG AND ALSO BEG SE COR N89D51'W 334.24' N00D37'E 120.52' TO TPOB N Land Type Commercial Land Subtotal: Abst Code 2112 Land Valuation Summary Unit of Number of Measure Units Square Feet 71593 Actual Value 71593 $354,385 No Buildings on Parcel Assessed Value $102,770 http: //maps2.merrick. com/ W ebsite/W eld/setSgl.asp?cmd=QUERY&DET=PP&pin=131303... 9/8/2009 CERTIFICATE OF CONVEYANCES STATE OF COLORADO COUNTY OF WELD WELD COUNTY DEPARTMENT OF PLANNING SERVICES Land Title Order No.: R&J2 The Land Title Guarantee Company (TITLE INSURANCE or ABSTRACT COMPANY) hereby certifies that it has made a careful search of its records, and finds the following conveyances affecting the real estate described herein since August 30, 1972, and the most recent deed recorded prior to August 30, 1972. Legal Description: A parcel of land located in the Southeast Quarter of Section 3, Township 2 North, Range 68 West of the 6'h P.M., County of Weld, State of Colorado, being more particularly described as follows: Bearings are assumed and based on the Southerly Line of the Southeast Quarter of the Southeast Quarter, Section 3, Township 2 North, Range 68 West of the 6th P.M., as bearing South 89°47'32" West, between the Southeast corner of said Section 3, being a found 3 'A" aluminum cap in range box, LS#24307 and the Southwest Corner of the Southeast Quarter of the Southeast Quarter of said Section 3, being a 3'/" aluminum cap LS#1238. Commencing at the Southeast Corner of said Section 3, Thence North 37°38'15" West a distance of 138.53 feet to a point on the Northerly Right-of-way line of Colorado State Highway 119 as described at Reception No. 2812706 in the office of the Weld County Clerk and Recorder, said point being the point of beginning; Thence along said northerly right-of-way line and the northerly right-of-way line of Colorado State Highway 119 as described at Reception No. 2802483 in the office of the Weld County Clerk and Recorder the following two courses: 1. South 65°16'25" West a distance of 59.32 feet; 2. thence South 89°49'44" West a distance of 281.58 feet to the southeasterly bank of an existing irrigation ditch; Thence along said southeasterly bank the following three courses: 1. North 41°38'39" East a distance of 315.16 feet; 2. thence North 41°50'18" East a distance of 128.39 feet; 3. thence North 55°18'02' East a distance of 34.48 feet to a point on the westerly right-of-way line of Interstate Highway 25 as described at Reception No. 1279810 in the office of the Weld County Clerk and Recorder; thence South 02°07'21" East, along said westerly right-of-way line and the westerly right-of-way line of Interstate Highway 25 as described at Reception No. 1278345 in the office of the Weld County Clerk and Recorder, a distance of 325.36 feet to the point of beginning, Less any portion contained in deeds recorded October 25, 2000 at Reception No. 2802483 and December 11, 2000 at Reception No. 2812706. CONVEYANCES (if none appear, so state): /deception No. 1574762 • • i`, • I I.. r eT4t Leaf ''+ : [' ! I,f'5c c' f �I 1Z r l '.. i Ss ,4 4Y W n y J Cl _ Y . 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C1^-‘3.17. ^ r�.:et:; C` ,�-t 2'-Q'K'n..2 0 V. � k 3 of 1oa ^_o t,e tre_ p isi o'° k ,:n-+- 1 ti [i as !3 • a . .,•2 t.. w(? i_".3 ntiu k7 "� C.•3_, ...—r - tl{ D 1 r?fhrr f sp 3 . .n .°'i9'rYa tit , --*-5, �� '+�ma tea.<:e °�'�y.3 es�f n.,..o c_.ic.ap aEir."„39 c• C=. ic'n^rca,2 0^ xcM ti. 6.a...=3: oM wn^'4'aaa for the a,,, t4a n4 Arms t�, 7...:a'... a}1 of rl,."s ..__^;rt^ tts.rtcto es+ FFn2c° i°�,T KPcrte D to r.3', `i• t 9 .51.71,7,4.-.9eaY9 SGt1 I rai' eta 2C.�,"'ttb j ' rl�{ ▪ f�a 4/. r 94?c7 i Crtrtirl 23 nig ii (Ira asr i �ti GQ 5 2c , E f; p•ii ti a 3LF?a, C ^J ..1 K+'Y Lt i:"'4 c.: "Gt o ff a++tT.,?.ia'l Co:r:Tr- CO: res t`...1 h �-rh reb*7r4 9, tc, 5 r, } f S 4W,. I ,r , '1 fi is Iy rj ,_3 try 5..._art^ ). 1 vWA 4C✓cr---^^--.ti id ttf..'•VR �Y2tt21-}RK.5 !../ t; NRC2;x.:f^."{t:42S. wy uf'a to T/a7S-{"er .arKi,,,,p>f-�. f. t7 7 Ue -:e �:<...0 yitaar -,L, a _'':[ra <.ycz e frt-o P,.n su +Y •. ,�ga4I as iy c,9.*h .:. Niti-2; x r� 2 rr d t ::+� no C� Y,7. :. r.1_'1£J C,} -!^_^^J Gr.'^^^rx.. ,90.?S,'fi!', u..r'"^f.,,C...("+.1^F'7 CT.'i�r l^s^.�_. Q.3'S^.'J•.•;o ti • • AR239O6Y1 STATE DOCUMENTARY FEE Date .? SPECIAL WARRANTY DEED $ op THIS INDENTURE, made as of the 23rd day of May, 1994, between CHEVRON U.S.A., INC., a Pennsylvania corporation, whose address is 225 Bush Street, San Francisco, CA 94104 ("Seller") and TOTAL PETROLEUM, INC., a Michigan corporation, whose address is Denver Place North Tower, Suite 2201, P.O. Box 500, Denver, Colorado 80201 ("Purchaser'). WITNESSETH, that Seller, for and in consideration of the sum of Three Hundred Thousand Dollars ($300,000.00) to it in hand paid by Purchaser, the receipt whereof is hereby confessed and acknowledged, has granted, bargained, sold, and conveyed, O and by these presents does grant, bargain, sell, and convey unto Purchaser, and its successors and assigns, forever, all that certain parcel of land known as Northewes ttn quadrant Highway 119 and 1-25, Longmont, Colorado and situate, lying and being in the County of Weld, and State of Colorado, and more particularly described as: A tract of land in the SE% of Section 3, Township 2 North, Range 68 West of the 6th P.M., Weld County, Colorado, described as follows: .4! Beginning at the Southeast corner of said Section 3; Thence South 89°31' West 109.2 feet along the South line of said ° Section 3; Thence North 00°04' Wtst 35 feet to a point on the North right of way line of Highway No. 119 to the true point of beginning; Thence South 89°31' West 225.0 feet along said North right of way line; Thence North 148.77 feet to a point on the southeasterly bank of an irrigation ditch; Thence North 41°48' East 310.35 feet along said southeasterly bank of said ditch; Thence North 55°00' East 93.87 feet along said ditch bank to a point on the West right of way line of Highway No. 87; Thence South 00°04' East 257.11 feet along said West right of way line; Thence South 89°31' West 33.9 feet; Thence South 00°04' East 98.7 feet; Thence South 18°40' West 79.1 feet, more or less, to the true point of beginning; Except that portion conveyed to the Department of Highways, State of Colorado, by instrument recorded January 13, 1971, in Book 638 at Reception No. 1560433, together with all and singular the hereditaments and appurtenances thereunto 1 B 1443 BBC 02390641 05/27/94 12:36 $15.00 1/003 F 2082 MARY ANN FRUERSTEIN CLERK & RECORDER WELD CO, CO SKLD LG SKL10231 WE 2390641-1994.001 • • belonging or in anywise appertaining, and the reversion or reversions, remainder or remainders, rents, issues and profits thereof: and all the estate, right, title, interest, claim or demand whatsoever of the said Seller, either in law or equity, of, in and to the above bargained premises, with the said hereditaments and appurtenances; to have and to hold the premises as before described, with the appurtenances, unto said Purchaser, its successors and assigns, forever; AND warrants title to the same against all persons lawfully claiming by through or under Seller, except as set forth in Exhibit A attached hereto and made a part hereof. IN WITNESS WHEREOF, the Seller has caused its name and seal to be hereunto affixed this 1{Q, day of MAY , 1994. CHEVRON U.S.A., INC. a Pennsylvania corporation By: Its: STATE OF&� ss. COUNTY OF °o The foregoing instrument was ac nowledged)efore me this , /G4 day of 1994, by �ec a(A as f Chevron U.S.A., Inc., a Pennsylvania corporation. 'itness my hand and offi al seal. Notary Public My Commission expires: fir' 2 19 i IERESITA S. VALDFI y q fi7.�• ;1010057 n comm.NOrAA'�' F'UBUCCAIffORNIA 2 ; , . 4 \'SiAFRANCISCO COUNTY a / My Omen EW fires Nov. 28, 1997 r -t ..r a _ _ .... B 1443 BBC 02390641 05/27/94 12:36 $15.00 2/003 P 2083 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO SKLD LG SKL10231 WE 2390641-1994.002 M1 EXHIBIT A EXCEPTIONS TO WARRANTY OF TITLE 1. Taxes for 1994 and later years, a lien not yet due and payable. 2. Denial of right of access to and from highway as contained in instrument recorded June 6, 1958 in Bouk 1504 at Page 604. 3. An easement for communication systems and incidental purposes granted to the Mountain States Telephone and Telegraph Company by the instrument recorded September 13, 1965 in Book 550 at Reception No. 1471523. 4. An easement for water use and incidental purposes granted to Carl H. Adler and other water users by the instrument recorded January 13, 1971 in Book 638 at Reception No. 1560430. 5. Denial of right of access to and from highway as contained in instrument recorded January 13, 1971 in Book 638 at Reception No. 1550434. 6. An easement for electric facilities and incidental purposes granted to Union Rural Electric Association, Inc. by the instrument Recorded December 9, 1971 in Book 658 at Reception No. 1579946. 7. An easement for electric facilities and incidental purposes granted to Union Rural Electric Association, Inc. by the instrument Recorded December 9, 1971 in Book 658 at Reception No. 1579947. 8. Terms, conditions, provisions, agreements, and obligations specified under agreement by and between the Del Camino Corporation, Arnold Burger, and Lambert Burger and the Rural Ditch Company Recorded May 6, 1976 in Book 766 at Reception No. 1687828. 9. Encroachment of building, fence, covered areas, concrete, and deck as disclosed by improvement location certificate dated April 15, 1994 by Chessnoe & Associates 3 B 1443 REC 02390641 05/27/94 12:36 $15.00 3/003 F 2084 MARY ANN PEUERSTEIN CLERK & RECORDER WELD CO, CO SKLD LG SKL10231 WE 2390641-1994.003 • 2802083 10/25/2000 11:20A JA Sukl Tsukamoto 1 of 3 A 15 00 0 000 Wehi County CO III Mini ini r TF3 IL1 IS DEED, made this between QUITCLAIM DEED /3±4 - day or lc:)1.0.0 L. STATE OF COLORADO DEPARTMENT OF TRANSPORTATION of the City and 'County of Denver and State of Colorado. grantor(s). and TPI PETROLEUM, INC. I A Michigan Corporation f.k.a. TOTAL PETROLEUM, INC. whose legal address is P.O. BOX 696000 San Antonio, TX 78269-6000 TEXAS ofthe Countyof Bexar and State of CUM grantee(5L WITNESS, thatthe grantor(s), for and in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration DOLLARS, the receipt and sufficiency of which is hereby acknowledged. has remised, released, sold and QUITCLAIMED. and by these presents do es remise, release, sell and QUITCLAIM unto the grantce(s). its heirs, successors and assigns forever, all the right, title, interest, claim and demand which the grantor(s)hr; in and to the real property. together with improvements, if any, situate, lying and being in the County of Weld and State of Colorado, described as follows'. SEE ATTACHED EXHIBIT "A" dated May 1, 1996 for: Project No: IR-IM (CX) 025-3(110) Parcel No: 14R Project Code: 91033 SUBJECT TO ANY AND ALL EASEMENTS OF RECORD AND, AND TC ANY EXISTING' UTILITIES AS CONSTRUCTED, AND FOR THEIR MAINTENANCE AS NECESSARY. Please return Recorded Deed to: CDOT - Right of Way L420 2nd St., Greeley, CO 80631 also known by street and number as: assessor's schedule or parcel number. TO HAVE AND TO HOLD the same, together with amid singular the appurtenances and privileges thereunto belonging or in anywise Ihereuntu appertaining, and all the estate, right, title, interest and claim whatsoever of the gmntor(s), either in law or equity, to the only proper use, benefit and behoof of the grantee(s) i [5 heirs and assigns forever IN WITNESS W HEREOF, the grantorts) ha executed this deed on the data set forth above. STATE OF COLORADO DEPARTMENT OF TRANSPORTATION UGLAS . BENNETT, Chief Clerk for Right of Way STATE OF COLORADO zs City and County of Denver The foregoing instrument was acknowledged before me this / day of �C7sU ,,��wy�(,a .ems by John N. Unbewust as Chief Engineer and Douglas W. Bennett as Chief Clerk for Right of Way for the State of Colorado, Department of Transportation. Witness my hand and official seal, My commission expires: ,Is I I )r Jaw BY: JOHN M. UN EWIIST Chief Engineer 9f a Cemg mM'cty eat" No. 933. Rev. 4-94. QtlrrcLAINI DEED FER q� �r NOTAft y+ —. %Pu6L1o.. nP "IF r Nou,I Pane Neon and Address of pers. Crewing Newf.. Crain.' Lead Descnpim 18 384)59104.5.C R.5.1 Bradford PWtlishing, 1743 WaiteSt,Denver. CO ta'.n'--I ans1292-1500-10-98 gv} SKLD LG SKL10231 WE 2802483-2000.001 • • 1 1101 11111 11111 1111 111111 I I I 1111111 III 111111111 III I 2802483 10/25/2000 11:20A JA Suki Tsukamoto 2 of 3 R 15.00 D 0 00 Weld County CO EXHIBIT "A" PROJECT NUMBER: IR-IM(CX) 025-3(110) PARCEL NUMBER: 14R PROJECT CODE: 91033 DATE: May 21, 1996 LEGAL DESCRIPTION A tract or parcel of land No. 14R of the Department of Transportation, State of Colorado, Project No. IR-IM(CX) 025-3(110) containing 386.5 square meters (4160 square feet), more or less, in the SW 1/4 of Section 3, Township 2 North, Range 68 West, of the Sixth Principal Meridian, in Weld County, Colorado, said tract or parcel being all that land recorded in Book 1239, Recp. No. 02186915, described as follows: That portion of the Southeast Quarter of Section 3, Township 2 North, Range 68 West of the 6th P.M., Weld County, Colorado, More particularly discribed as follows: Considering the South line of the Southeast Quarter of said Section 3 as bearing South 89"55'00" East, and with all bearings contained within relative thereto: Commencing at the Southeast corner of said Section 3; thence North 81'21'16" West, 337.58 feet to the true point of beginning on the North line Colorado State Highway Route No. 119; thence North 00^34'00"East (record North) along the West line of that certain tract of land described in deed recorded as Reception No. 1556730, records of said Weld County; 132.12 feet to the Northwesterly line of that certain tract of land as discribed in deed recorded as Reception No. 1467313, records of said Weld County; thence along said Northwesterly line, South 42^01'52" West (record N.41"48'E.), 134.09 feet; thence along property conveyed to State Department of Highways Division of Highways State of Colorado, by deed recorded as Reception No. 2146713, the following (4) four courses and distances: (1) South 89"49'00" East, 13.42 feet (record 13.50 feet); (2) South 42^01'52" West, 29.84 feet (record S. 42"22'00" W., 30.00 feet); (3) South 89^49'00" East, 32.44 feet; (4) South 0'11'00" West, 10.00 feet to said North line of Colorado State Highway Route No. 119; thence along said North line, South 89^49'00" East, 62.62 feet to the true point of beginning. The above discribed tract contains 0.160 Acre, more or less. EXCEPTING FROM THIS CONVEYANCE THE FOLLOWING DISCRIBED PARCEL: A tract or parcel of land No. 14 of the Department of Transportation, State of Colorado, Project No. IR-IM(CX) 025-3(110) containing 256.9 square meters (2765 square feet), more or less, in the SE 1/4 of Section 3, Township 2 North, Range 68 West, of the Sixth Principal Meridian, in Weld County, Colorado, said tract or parcel of land being more particularly described as follows: Basis of Bearings: All bearings are based on a line connecting the SE corner of Section 3, T. 2 N., R. 68 W. 6th P.M. (4 5 rebar) and the SW corner of the SE 1/4 of the SE 1/4 of Section 3, (3 1/2" aluminum cap stamped LS 1238) as bearing N 89° 51' 38" W. Commencing at the SE corner of Section 3; Thence N. 89° 51' 38" W., along the south line of the SE 1/4 of the SE 1/4 of Section 3, a distance of 101.877 meters (334.24 feet); Thence N. 0° 37' 22" E., a distance of 26.079 meters (85.56 feet) to the TRUE POINT OF BEGINNING; 1. Thence N. 89° 49' 00" W., a distance of 26.242 meters (86.09 feet)to the east line of that property described in book 1006, Rec. 1939037 of the Weld County records; 2. Thence S. 42° 07' 26" W., a distance of 1.220 meters (4.00 feet) to the existing north right of way line of S.H. 119 described in book 1201 Rec. 2146713 of the Weld County records (1988); 3. Thence S. 89° 45' 38" E., along said existing north right of way line, a distance of 4.077 meters (13.38 feet); 4. Thence continuing along said existing north right of way line, S. 42° 05' 14" W., a distance of 9.095 meters (29.84 feet); 5. Thence continuing along said existing north right of way line, S. 89° 45' 38" E., a distance of 9.887 meters (32.44 feet); 6. Thence continuing along said existing north right of way line, S. 0° 14' 22" W., SKLD LG SKL10231 WE 2802483-2000.002 • 1111111111111111111III' 1111111111 HIE III111111111IIII 2802483 10/25/2000 11:20A JA SukiTsukamota 3 at 3 A 15 00 0 0 00 Weld County CO • a distance of 2.948 meters (9.67 feet) to SH 119 Right -of -Way described in book 638 pg 551 of the Weld County records (1971); 7. Thence along said existing north right of way line, S. 89° 45' 38" E., a distance of 19.089 meters (62.63 feet) to the west line of a parcel described in Book 1443 rec. # 02390641; 8. Thence N. 0° 37' 22" E., along said west line, a distance of 10.657 meters (34.96 feet), more or less, to the TRUE POINT OF BEGINNING. The above described Parcel contains 0.026 hectares / 256.9 square meters (0.063 acres / 2765 square feet), more or less, LEAVING A NET AREA FOR PARCEL 14R AS 0.097 ACRES. nd on epartment Myron Doan 1420 2nd. It is the purpose of Transportation prior 64lo olorado f Tensporta on Jio , PLSf #2 54 do. e44 Surveyor to WO2II. a ire Co?-; 80631 Plats and Descriptions necessary to acquire additional Right of Way and Eaaanatu for the Department of isbay project referenced in this deed. Any call to a subnandand monument, per the Board of Registration for Professional Land Surveyo 1s duly noted and represents the conditions present at the time of acquisition. These monuments are to be destroyed by the impending Highway •• t • on d an be referenced and upgraded during said construction, OU ;, Region 4. ateckad By. __. SKLD LC: SKL10231 WE 2802483-2000.003 I111111VIII111111111111IIIII1JASold III VIII IIIIIIII 2812705 12/11/2000 04:35P JA Sukl Tiukamoto 1 of 2 P 10.00 0 0 00 Weld County CO SPECIAL WARRANTY DEED • THIS DEED, dated DEce Aft sag S. 2••• between TPI PETROLEUM, INC., A Michigan Corporation f.k, a. TOTAL PETROLEUM, INC. of the TEXAS whose legal address is • County of BEXAR , grantor(s) and DEPARTMENT OF TRANSPORTATION STATE OF COLORADO 4201 EAST ARKANSAS AVENUE DENVER, COLORADO 80222 and State of of the CITY AND County of DENVER and Stateof COLORADO , grantee(s): WITNESS, that the grantor(s), for and in consideration of the sum of $1.00 ONE DOLLAR AND OTHER GOOD AND VALUABLE CONSIDERATION DOLLARS, the receipt and sufficiency of which is hereby acknowledged, ha v e granted, bargained, sold and conveyed, and by these presents do es grant, bargain, sell, convey and confirm unto the grantee(s), their heirs and assigns forever, all the real property, together with improvements, if any, situate. lying and being in the County of WELD and State of Colorado, described as follows: SEE ATTACHED EXHIBIT "B" DATED MAY 21, 1996 FOR: PROJECT NUMBER: IROIM(CX)025-3(110) PARCEL NUMBER: AC -16 PROJECT CODE: 91033 Please return recorded deed to: COOT, Right of Way 1420 2nd St., Greeley, CO 80631 also known by street and number as: assessor's schedule or parcel number: TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining, the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the grantor(s), either in law or equity, of, in and to the above bargained premises, with the hereditamcnts and appurtenances: TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantee(s), their heirs and assigns forever. The grantor(s), for them sel ves , their heirs, personal representatives, successors and assigns, do es covenant and agree that they shall and will WARRANT AND FOREVER DEFEND the above bargained premises in the quiet and Peaceable possession of the grantee(s), their heirs and assigns, against all and every person or persons claiming the whole or any part thereof. by, through or under the grantor(sl. IN WITNESS WHEREOF, the granters) ha s executed this deed on the date set forth above. TPI P$T',jtOLEUM, INC. By: fssn•sa Name: I1 J Ili Title: IftC2PM°HI�.Jx. STATE Of TeX A--5 County of Be.`Fft'r The foregoing instrument was acknowledged before me this by •Ifm Denver _ day of Witness my hand and official seal My commission expires: US/a O/a4CT1 Luk f e c ac • NOW, Public and Mato it Casting Newly C,Psaa LEP Derostm If 18-31.106.5, CR.S) No. 16. Ray. 4-94. SPECIAL WARRANTY DEED android Publisniny. I74 Waite Sr., Denver. CO 80202—(303)2923500 — 7 98 SKLD LG SKL10231 WE 2812705-2000.001 • 111111 �� Ilfllll 1111111111 III Sill M IIIII It 1111 2812705 ol 2 R 12/11/2000 10.00 00 0 00 WeldJA Suki County CO kamoto 2 • EXHIBIT "B" PROJECT NUMBER: IR-IM(CX) 025-3(110) PARCEL NUMBER: AC -16 PROJECT CODE: 91033 DATE: May 21, 1996 EACH AND EVERY RIGHT OR RIGHTS OF ACCESS OF THE GRANTOR to and from any part of the Right of Way of Colorado State Highway No. 119, a freeway established according to the laws of the State of Colorado and from and any part of the real property of the Grantor in the SE 1/4 of the SE 1/4 of Section 3, Township 2 North, Range 68 West, of the Sixth Principle Meridian, in Weld County, Colorado, abutting upon said Highway, along or across the access line or lines described as follows: IR-IM(CX) 025-3(1101. Ac -Lc Northerly Commencing at the SE corner of Section 3; Thence N. 89° 51' 38 of the SE 1/4 of the SE 1/4 of Section 3, a distance of 101 Thence N. 0" 3'1. 22" E., a distance of 26.079 meters (85.56 BEGINNING; 1. Thence S. 89° 49' 00" E., a distance of 47.475 meters of a 10.67 meter (35.0 feet) opening which is being limitation; (Location of Line) ' W., along the south line .877 meters (334.24 feet); feet) to the TRUE POINT OF 155.76 feet) to the center excepted from this access 2. Thence S. 89" 49' 00" E., a distance of 26.044 meters (85.45 feet). The right of the Grantor to have the following points of access forth hereinafter, to be limited in use by the Grantor to the designated according to the centerline stationing of the Grantee's IM(CX) 025-3(110). CENTER OF ACCESS OPENING OPPOSITE WIDTH 10.67 meters (35.0 feet) I.T. OR RT. at the location set width and location Project Number: IR- CENTERLINE STATION 0+250.6 Basis of Bearings: All bearings are based on a line connecting the SE corner of Section 3, T. 2 N., R. 68 W. 6th P.M. (0 5 rebar) and the SW corner of the SE 1/4 of the SE 1/4 of Section 3, (3 1/2" aluminum cap stamped LS 1238) as bearing N 89° 51' 38" W. and on epartment Myron Duan 1420 2nd. 5 C..•pp 11 is the pm pose of 4 rh•• Slyvc ar Ip. • � • N113 and Ihsnyxiom necessary to acquire additional Right of Way w and Lrenreoa fur the Dcpnaa of Transpotution prior to '' I •� %e r.r way project re ojeferenced in this deed. Any call to a subsnrdad :nonunion, per the Board of Reginntion for Professional Land Surveyors '�. ;rii 1,. " ..,duly toad and represents die conditions pmscat at the time of acquisition. 'Iliac inonumenn am to be destroyed by the impaling highway muslin • °: shall be referenced and upgraded dining said earsvuction. 4111 ' of th yf :peansportal3.on earl;, 29Z6429n-s4, o Greeley, CO.:191631 .ado CO). Region 4. Checked By: _ r.,., etoler.omnna P,:at anr•i4 Wnll SKLD LG SKL10231 WE 2812705-2000.002 f� 1111111 IIIII 111111111111 Illl�f 11 1111111 III IIIII IIII IIII 7C L-) 2812706 12/11/2000 04:35P JA Sukl Taukamoto 1 of 2 A 10 00 D 0 00 Weld Conti' CO SPECIAL WARRANTY DEED THIS DEEgdated braining 5', 2e•^ between TPI PETROLEUM, INC., A Michigan Corporation f.k.a. TOTAL PETROLEUM, INC. of the TEXAS whose legal address is • County of BEXAR grantor(s) and DEPARTMENT OF TRANSPORTATION STATE OF COLORADO 4201 E. ARKANSAS AVENUE DENVER, COLORADO 80222 • and State of of the CITY AND County of DENVER and State Of COLORADO ,grantee(,): WITNESS, that the grantor(s), for and in consideration of the sum of $64,540.00 SIXTY FOUR THOUSAND FIVE HUNDRED FORTY AND NO/100THS DOLLARS, the receipt and sufficiency of which is hereby acknowledged, ha ye granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell. convey and confirm unto the grantee(s), their heirs and assigns forever, all the real property. together with improvements, if any, situate, lying and being in the County of WELD and State of Colorado. described as follows: SEE ATTACHED EXHIBIT "A" DATED AUGUST 27, 1996 FOR: PROJECT NO: IR—IM(CX)025-3(110) PARCEL NO.: 16 REV PROJECT CODE: 91033 Please return recorded deed to: CDOT, Right of Way 1420 2nd St., Greeley, CO 80631 also known by street and number as: assessor's schedule or parcel number: TOGETHER with all and singular the hereditament, and appurtenances thereunto belonging, or in anywise appertaining, the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the grantor(s), either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances; TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantee(s), their heirs and assigns forever. The grantor(s), for them sel yes . their heirs, personal representatives, successors and assigns, do es covenant and agree that they shall and will WARRANT AND FOREVER DEFEND the above bargained premises in the quiet and peaceable possession of the grantee(s), their heirs and assigns. against all and every person or persons claiming the whole or any part thereof, by, through or under the grantor(s). IN WITNESS WHEREOF, the grantor(s) ha s executed this deed on the date set forth above. TPI PETROLEUM, INC. By• _IIName: r Tiris• Vsre f (ts.rdeJCT STATE OF "rt? KR�5 County of . 3 G.K /Ys/ The foregoing instrument was acknowledged before me this by day of December Witness my hand and official seal. Mycommission expires: 0410 /a-6 O1 amo0 . Navy POW Name and mares of rtme Cretin, Newly Created trod Dm1w00111&lila6.1.C BSI NO. 16. Yee 494. SPECIAL. WARRANTY DEED Bradford radishing. Ills Water St., Denver. CO 8030E -0031393-3500-7-98 SKLD LG SKL10231 WE 2812706-2000.001 • Aim nip 11111NE III 'I'll! in' 2812706 12/11/2000 04:36P JA Suki Tsukamoto 2 of 2 R 10.00 D 0 00 Weld County CO EXHIBIT "A" PROJECT NUMBER: IR-IM(CX) 025-3(110) PARCEL NUMBER: 16 REV PROJECT CODE: 91033 DATE: August 27, 1996 J,EGAL DESCRIPTION A tract or parcel of land No. 16 REV of the Department of Transportation, State of Colorado, Project No. IR-IM(CX) 025-3(110) containing 020.1 square meters (8820 square feet), more or less, in the SE 1/4 of the SE 1/4 of Section 3, Township 2 North, Range 60 West, of the Sixth Principal Meridian, in Weld County, Colorado, said tract or parcel of land being more particularly described as follows: Commencing at the SE corner of Section 3; Thence N. 09. 51' 38" W., along the south line of the SE 1/4 of the SE 1/4 of Section 3, a distance of 101.877 meters (334.24 feet); Thence N. 0' 37' 22" E., a distance of 26.079 meters (85.56 feet) to the TRUE POINT OF BEGINNING; 1. Thence S. 89' 49' 00" E., a distance of 59.547 meters (195.37 feet); 2. Thence N. 65" 37' 45" E., a distance of 18.000 meters (59.32 feet) to the existing west right of way line of Interstate 25 described in book 1503, page 105 of the weld County records (1958); 3. Thence S. 18' 24' 33" W., along said existing west right of way line, a distance of 19.202 meters (63.00 feet) to the existing north right of way line of S.H. 119 described in book 638 Rec. 1560433 of the Weld County records (1971); 4. Thence N. 89' 45' 38" W., along said existing north right of way line, a distance of 70.069 meters (229.08 feet) to the east line of a parcel described in Book 1239 rec. p 02106914 of the Weld Country records; 5. Thence N. 0' 3'!' 22" E., along said east line, a distance of 10.657 meters (34.96 feet), more or less, to the TRUE POINT OF BEGINNING. The above described Parcel contains 0.082 hectares / 820.1 square meters (0.203 acres / 8828 square feet), more or less. Basis of Bearings: All bearings are based on a line connecting the SE corner of Section 3, T. 2 N., R. 68 W. 6th P.M. (1 5 rebar) and the SW corner of the SE 1/4 of the SE 1/4 of Section 3, ,.nirtaluminum cap stamped LS 1238) as bearing N 09' 51' 38" W. L • and `:'� half •f uM alorado Departm 't b Tr n ggortngtc a Myron D .geijor2V7P1(S 11.4 x 1420 2nd- E. Greeley, C 0631 f),.r 0 It is the purpose 10 a ,adAytve'dr titzsi:3re the Plats and Descriptions tsrrrseary to acquire additional Right of Way and Easements for the Depart:um of Transportation prio lMcIrpsl uuq(ll2i .. wT Highway project referenced in this dad. Any call to a substandard monument. per the Board of Registration for Professional Land Sury '+u, •. u••.a'' cXlll, is duly Wed and represents the conditions present at the rime of acquisition. Meese monuments are to be destroyed by the Impending I ligltway cormruaion, and shall be referenced and upgraded during said construction. t Y3';. Realm 1, ❑¢,#ed ityt _____ SKLD LG SKL10231 WE 2812706-2000.002 • NTPSTATI 110.44 • zc • AFTER RECORDING RETURN TO: Rhonda Obaugh Fidelity National Title 1330 Post Oak Blvd., Suite 2330 Houston, Texas 77056 eRecorded in County, CO Doc Id: 3556082 05/23/2008 09:2 A Receipt#: 7359839 Page: 1 of 3 Total Fee: $16.00 Steve Moreno, Clerk and Recorder SPECIAL WARRANTY DEED Date: Effective as of 12:01 a.m. on January 1, 2008 Grantor: MICHIGAN REUTILIZATION, LLC, a Michigan limited liability company, successor - by -merger to TPI PETROLEUM, INC., a Michigan corporation, formerly known as TOTAL PETROLEUM, INC. Grantor's One Valero Way Mailing Address: San Antonio, Bexar County, Texas 78249-1616 Attn: Property Assets Grantee: MRP PROPERTIES COMPANY, LLC, a Michigan limited liability company Grantee's - Mailing Address: O d Consideration: E Property: 0 W Reservations b from and Exceptions to v Conveyance z and Warranty: One Valero Way San Antonio, Bexar County, Texas 78249-1616 Attn: Property Assets Ten and No/100 Dollars ($10.00) and other valuable consideration That certain real property commonly known as 3979 Hwy 119, located in the City of Longmont, in Weld County, Colorado, that is more particularly described on the attached Exhibit A, together with all improvements and fixtures located thereon and all rights and appurtenances thereto in anywise belonging. All easements; rights -of -way; reservations; restrictions; covenants; conditions; mineral reservations, conveyances and royalty interests; maintenance charges and special assessments and liens securing the same; and all other matters of record, to the extent any of the foregoing are still valid and subsisting and affect all or any portion of the Property. Grantor, for the Consideration and subject to the Reservations from and Exceptions to Conveyance and Warranty, GRANTS, SELLS, and CONVEYS to Grantee the Property, together with all and singular the rights and appurtenances thereto in any way belonging, to have and hold it to Grantee, Grantee's successors and assigns forever. Grantor binds Grantor and Grantor's heirs and successors to warrant and forever defend all and singular the Property to Grantee and Grantee's successors and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof when the claim is by, through, or under Grantor but not otherwise, and except as to the Reservations from and Exceptions to Conveyance and Warranty. THE PROPERTY IS CONVEYED BY GRANTOR AND ACCEPTED BY GRANTEE "AS IS", "WHERE IS" AND "WITH ALL FAULTS", AND BY ACCEPTANCE OF THIS DEED GRANTEE ACKNOWLEDGES THAT, EXCEPT FOR THE SPECIAL WARRANTY OF TITLE HEREIN, GRANTOR HAS NOT MADE, DOES NOT MAKE AND HEREBY EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, STATEMENTS, ASSERTIONS, NON -ASSERTIONS, DISCLOSURES OR REPRESENTATIONS TO GRANTEE CONCERNING ANY ASPECT OF THE PROPERTY, INCLUDING, BUT NOT LIMITED TO: (i) THE PHYSICAL, ENVIRONMENTAL, STRUCTURAL OR GEOLOGICAL CONDITION OF TIC PROPERTY, (ii) THE HABITABILITY, SUITABILITY OR FITNESS OF THE PROPERTY FOR ANY PARTICULAR PURPOSE OR USE, (iii) INCOME TO BE Special Warranty Deed Store 4132 — 3979 Hwy 119, Longmont, Colorado V:\LGLCORP\Commercial Law\Real Estate \Miscellaneous\TPI\Dec07Transfers\4132\4132LulnradoDecdL123107-doe SKLD LG SKL10231 WE 3556082-2008.001 • eRecorded in vo County, CO Doc Id: 3556082 05/23/2008 09:29 A Receipt#: 7359839 Page: 2 of 3 Total Fee: $16.00 Steve Moreno, Clerk and Recorder PRODUCED FROM THE PROPERTY, (iv) THE COMPLIANCE OR NONCOMPLIANCE OF THE PROPERTY WITH ANY LAWS, RULES, REGULATIONS, JUDICIAL OR ADMINISTRATIVE ORDERS, ORDINANCES, DECREES OR OTHER GOVERNMENTAL REQUIREMENTS OF ANY NATURE WHATSOEVER, INCLUDING SPECIFICALLY, BUT WITHOUT LIMITATION, THOSE RELATING TO HEALTH, SAFETY OR THE ENVIRONMENT, OR (v) THE PRESENCE OR ABSENCE OF ANY LATENT OR PATENT DEFECTS AT, IN OR WITH RESPECT TO THE PROPERTY. When the context requires, singular nouns and pronouns include the plural. This Special Warranty Deed is executed by Grantor on the date set forth in the acknowledgment below, to be effective for all purposes as of the date first stated above. GRANTOR: MICHIGAN REUTILIZATION, LLC, a Michigan limited liability company By: Paul R. Brochu, its Vice President crr, STATE OF TEXAS § COUNTY OF BEXAR § The foregoing instrument was acknowledged before me on December, 2007, by Paul R. Brochu, a Vice President of MICHIGAN REUTILIZATION, LLC, a Michigan limited liability company, on behalf of said limited liability company. an.l.).An^naeer' a.r J. LY 0; 4S Nol.uy Public My V:.11111 ;.':, (L.o/.7 .”-'1 -" Public, State Tex Special Warranty Deed Store 4132 - 3979 Hwy 119, Longmont, Colorado V ALGLCORP\Commercial Law\Real Esate\Miscel lancous\TP11Dec07Transfers14132\4132-ColoradoDeed1-t 23107.doc SKLD LG SKL10231 WE 3556082-2008.002 • eRecorded in V'! County, CO Doc Id: 3556082 05/23/2008 09:2 A Receipt#: 7359839 Page: 3 of 3 Total Fee: $16.00 Steve Moreno, Clerk and Recorder EXHIBIT A Property Description AN APPROXIMATELY 1.378 ACRE PARCEL OF LAND LOCATED IN THE SOUTHEAST QUARTER OF SECTION 3, TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS BEARINGS ARE ASSUMED AND BASED ON THE SOUTHERLY LINE OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER, SECTION 3, TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE 6TH P.M. AS BEARING SOUTH 89'47'32" WEST, BETWEEN THE SOUTHEAST CORNER OF SAID SECTION 3, BEING A FOUND 3114' ALUMINUM CAP IN RANGE BOX, LS4 24307 AND THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 3, BEING A 3112' ALUMINUM CAP LS# 1238. COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 3, THENCE NORTH 37°38'15' WEST A DISTANCE OF 138.53 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF COLORADO STATE HIGHWAY 119 AS DESCRIBED AT RECEPTION NO, 2812706 IN THE OFFICE OF THE WELD COUNTY CLERK AND RECORDER, SAID POINT BEING THE POINT OF BEGINNING; THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY LINE AND THE NORTHERLY RIGHT-OF-WAY LINE OF COLORADO STATE HIGHWAY 119 AS DESCRIBED AT RECEPTION NO. 2802483 IN THE OFFICE OF THE WELD COUNTY CLERK AND RECORDER THE FOLLOWING TWO (2) COURSES. 1. SOUTH 65°16'25" WEST A DISTANCE OF 59.32 FEET: 2. THENCE SOUTH 89'49'44'W A DISTANCE OF 281.58 FEET TO THE SOUTHEASTERLY BANK OF AN EXISTING IRRIGATION DITCH; THENCE ALONG SAID SOUTHEASTERLY BANK THE FOLLOWING THREE (3) COURSES: 1. NORTH 41°38'39" EAST A DISTANCE OF 315.16 FEET; 2. THENCE NORTH 41°50'18" EAST A DISTANCE OF 128.39 FEET; 3. THENCE NORTH 55°18'02" EAST A DISTANCE OF 34.48 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF INTERSTATE HIGHWAY 25 AS DESCRIBED AT RECEPTION NO. 1279810 IN THE OFFICE OF THE WELD COUNTY CLERK AND RECORDER; THENCE SOUTH 02°07'21' EAST, ALONG SAID WESTERLY RIGHT-OF-WAY LINE AND THE WESTERLY RIGHT-OF-WAY LINE OF INTERSTATE HIGHWAY 25 AS DESCRIBED AT RECEPTION NO. 1278345 IN THE OFFICE OF THE WELD COUNTY CLERK AND RECORDER, A DISTANCE OF 325.36 FEET TO THE POINT OF BEGINNING. [End of Description] Special Warranty Deed Store 4132 — 3979 Hwy 119, Longmont, Colorado SKLD LG SKL10231 WE 3556082-2008.003 • AFTER RECORDING RETURN TO: Rhonda Obaugh Fidelity National Title 1330 Post Oak Blvd., Suite 2330 Houston, Texas 77056 Date: May 1,V, 2008 Grantor: Grantor's Mailing Address: Grantee: Grantee's Mailing Address: Consideration: Property: Reservations from and Exceptions to Conveyance and Warranty: eRecorded in County, CO Doc Id: 3556083 05/23/2008 09:2 A Receipt#: 7359840 Page: 1 of 5 Total Fee: $73.50 Steve Moreno, Clerk and Recorder SPECIAL WARRANTY DEED MRP PROPERTIES COMPANY, LLC, a Michigan limited liability company One Valero Way San Antonio, Bexar County, Texas 78249-1616 R & J HOLDINGS, LLC, a Colorado limited liability company 701 Hayes Circle Longmont, Colorado 80501 Ten and No/100 Dollars ($10.00) and other valuable consideration That certain real property commonly known as 3979 Hwy 119, located in Weld County, Colorado, that is more particularly described on the attached Exhibit A together with all improvements and fixtures located thereon and all rights and appurtenances thereto in anywise belonging. I. All easements; rights -of -way; reservations; restrictions; covenants; conditions; mineral reservations, conveyances and royalty interests; maintenance charges and special assessments and liens securing the same; and all other matters of record, to the extent any of the foregoing are still valid and subsisting and affect all or any portion of the Property. All zoning laws, regulations and ordinances of municipal and/or other governmental authorities, if any, affecting the use of the Property. 3. Taxes and assessments for the current year and subsequent years not yet due and payable. 4. Without acknowledging, confessing or assuming any environmental or other liabilities of any nature on its part, Grantor hereby reserves unto itself, its agents, employees, contractors, successors and assigns, an easement and right of way upon, over, across and under the Property for a term of twenty (20) years from and after the date of this deed, for purposes of performing any environmental testing, remediation and monitoring activities that Grantor may from time to time determine to be necessary. In the exercise of its easement rights hereunder, Grantor shall use reasonable efforts to minimize disruption of activities at the Property by the owner thereof and its tenants and other legitimate occupants thereof, and, following any activities undertaken by Grantor on the Property pursuant to this easement, Grantor shall repair and restore the surface of the Property as nearly as is reasonably possible to the condition in which it existed immediately prior to such activities. 2. Special Warranty Deed Former Retail Unit 4132 — 3979 Hwy 119, Longmont, Colorado V:\LGLCORP\Commercial Law \Real Eslate\Sales Contracts\ 4132\CloseDox\4132-Deed-FTNAL.doc SKLD LG SKL10231 WE 3556083-2008.001 • eRecorded in t County, CO Doc Id: 3556083 05/23/2008 09: A Receipt#: 7359840 Page: 2 of 5 Total Fee: $73.50 Steve Moreno, Clerk and Recorder Restrictions: The Property is being conveyed subject to the following restrictions, which Grantor imposes as covenants running with the land and binding upon Grantee and all successor owners of the Property, their tenants, and all other persons having any right, title or interest in or to the Property: a. No water wells shall be drilled or placed on the Property (excluding monitoring, extraction and similar wells used for environmental testing, monitoring and/or remediation purposes); and b. For a period of twenty (20) years from and after the date of this deed, the Property shall not be used for the sale or storage of hydrocarbon motor fuels thereon or therefrom. The foregoing restrictions are for the benefit of Grantor, its successors and assigns, who shall have the right to enforce them by all legal and equitable means (including, without limitation, by way of injunction and suit for damages). Grantor, for the Consideration and subject to the Reservations from and Exceptions to Conveyance and Warranty and the Restrictions, GRANTS, SELLS, and CONVEYS to Grantee the Property, together with all and singular the rights and appurtenances thereto in any way belonging, to have and hold it to Grantee, Grantee's successors and assigns forever. Grantor binds Grantor and Grantor's heirs and successors to warrant and forever defend all and singular the Property to Grantee and Grantee's successors and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof when the claim is by, through, or under Grantor but not otherwise, and except as to the Reservations from and Exceptions to Conveyance and Warranty and the Restrictions. THE PROPERTY IS CONVEYED BY GRANTOR AND ACCEPTED BY GRANTEE "AS IS", "WHERE IS" AND "WITH ALL FAULTS", AND BY ACCEPTANCE OF THIS DEED GRANTEE ACKNOWLEDGES THAT, EXCEPT FOR THE SPECIAL WARRANTY OF TITLE HEREIN, GRANTOR HAS NOT MADE, DOES NOT MAKE AND HEREBY EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, STATEMENTS, ASSERTIONS, NON -ASSERTIONS, DISCLOSURES OR REPRESENTATIONS TO GRANTEE CONCERNING ANY ASPECT OF THE PROPERTY, INCLUDING, BUT NOT LIMITED TO: (i) THE PHYSICAL, ENVIRONMENTAL, STRUCTURAL OR GEOLOGICAL CONDITION OF THE PROPERTY, (ii) THE HABITABILITY, SUITABILITY OR FITNESS OF THE PROPERTY FOR ANY PARTICULAR PURPOSE OR USE, (iii) INCOME TO BE PRODUCED FROM THE PROPERTY, (iv) THE COMPLIANCE OR NONCOMPLIANCE OF THE PROPERTY WITH ANY LAWS, RULES, REGULATIONS, JUDICIAL OR ADMINISTRATIVE ORDERS, ORDINANCES, DECREES OR OTHER GOVERNMENTAL REQUIREMENTS OF ANY NATURE WHATSOEVER, INCLUDING SPECIFICALLY, BUT WITHOUT LIMITATION, THOSE RELATING TO HEALTH, SAFETY OR THE ENVIRONMENT, OR (v) THE PRESENCE OR ABSENCE OF ANY LATENT OR PATENT DEFECTS AT, IN OR WITH RESPECT TO THE PROPERTY. When the context requires, singular nouns and pronouns include the plural. This Special Warranty Deed is executed by Grantor on the date set forth in the acknowledgment below, to be effective for all purposes as of the date first stated above. Special Warranty Deed Former Retail Unit 4132 — 3979 Hwy 119, Longmont, Colorado V1LGLC0RP\Commercial LawlReal Esram\Sales Contracts\ 41321CIoseDox\4 I32-Deed-FINAL.doc SKLD LG SKL10231 WE 3556083-2008.002 • STATE OF TEXAS COUNTY OF BEXAR eRecorded in County, CO Doc Id: 3556083 05/23/2008 09: A Receipt#: 7359840 Page: 3 of 5 Total Fee: $73.50 Steve Moreno, Clerk and Recorder GRANTOR: MRP PROPERTIES COMPANY, LLC, a Michigan limited liability company By: Paul R. Brochu, its Vice President cry The foregoing instrument was acknowledged before me on May , 2008, by Paul R. Brochu, a Vice President of MRP PROPERTIES COMPANY, LLC, a Michigan limited liability company, on behalf of said limited liability company. ACCEPTED AND AGREED TO this %o day of May, 2008. GRANTEE: R & J HOLDINGS, LLC, a Colorado limited liability company By: Name: Flail Mt �/�I >i�.Arnie, Title: /LIF1l7BE e STATE OF Col,X'Mb COUNTY OF -12-nvldOr The foregoing instrument was acknowledged before me on May '2008, byVenal/I 2k tvnho Us,. t`k n bt C of R & J HOLDINGS, LLC, a Colorado limited liability company, on behalf of said limited liability company. § Notary Public, State of Texas '3tNtnnwpip4'i Nota�y Public, State of Cnkrarb? My Commission Expires Oct 30, 2010 Special Warranty Deed Former Retail Unit 4132 — 3979 Hwy 119, Longmont, Colorado V:\L0LC0RP\Commercial Law\Real EstatelSales Contracts4 132\CloseDox\4 132-Decd-FINAL.doc SKLD LG SKL10231 WE 3556083-2008.003 • STATE OF TEXAS COUNTY OF BEXAR eRecorded in t County, CO Doc Id: 3556083 05/23/2008 09: A Receiptt 7359840 Page: 4 of 5 Total Fee: $73.50 Steve Moreno, Clerk and Recorder GRANTOR: MRP PROPERTIES COMPANY, LLC, a Michigan limited iability company oefet2 By: Paul R. Brochu, its Vice President orry The foregoing instrument was acknowledged before me on May! % , 2008, by Paul R. Brochu, a Vice President of . ' 5: t ' : t C, a Michigan limited liability company, on behalf of said limited I' any. KATHI J. LYONS Notary Public STATE OF TEXAS My Comm. Exp. 05.07-2009 ACCEPTED AND AGREED TO this day of May, 2008. GRANTEE: R & J HOLDINGS, LLC, a Colorado limited liability company By: Namc: Title: STATE OF COUNTY OF § Public, S t o of Tex The foregoing instrument was acknowledged before me on May , 2008, by of R & J HOLDINGS, LLC, a Colorado limited liability company, on behalf of said limited liability company. Notary Public, State of Special Warranty Deed Former Retail Unit 4132 — 3979 Hwy 119, Longmont, Colorado V:\LGLCORP\Cornmercial LaMReal EstatelSales Contracts\4 132\CloseDox\4132-Deed-FINAL.doc SKLD LG SKL10231 WE 3556083-2008.004 S eRecorded in d County, CO Doc Id: 3556083 05/23/2008 09: 9 A Receipt#: 7359840 Page: 5 of 5 Total Fee: $73.50 Steve Moreno, Clerk and Recorder EXHIBIT A Property Description AN APPROXIMATELY 1.378 ACRE PARCEL OF LAND LOCATED IN THE SOUTHEAST QUARTER OF SECTION 3, TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS BEARINGS ARE ASSUMED AND BASED ON THE SOUTHERLY LINE OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER, SECTION 3, TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE 6TH P.M. AS BEARING SOUTH 89°47'32" WEST, BETWEEN THE SOUTHEAST CORNER OF SAID SECTION 3, BEING A FOUND 3 1/4" ALUMINUM CAP IN RANGE BOX, LS# 24307 AND THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 3, BEING A 3 1/2" ALUMINUM CAP LS# 1238. COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 3, THENCE NORTH 37°38'15" WEST A DISTANCE OF 138.53 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF COLORADO STATE HIGHWAY 119 AS DESCRIBED AT RECEPTION NO. 2812706 IN THE OFFICE OF THE WELD COUNTY CLERK AND RECORDER, SAID POINT BEING THE POINT OF BEGINNING; THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY LINE AND THE NORTHERLY RIGHT- OF-WAY LINE OF COLORADO STATE HIGHWAY 119 AS DESCRIBED AT RECEPTION NO. 2802483 IN THE OFFICE OF THE WELD COUNTY CLERK AND RECORDER THE FOLLOWING TWO (2) COURSES: I. SOUTH 65°16'25" WEST A DISTANCE OF 59.32 FEET; 2. THENCE SOUTH 89°49'44"W A DISTANCE OF 281.58 FEET TO THE SOUTHEASTERLY BANK OF AN EXISTING IRRIGATION DITCH; THENCE ALONG SAID SOUTHEASTERLY BANK THE FOLLOWING THREE (3) COURSES: 1. NORTH 41°38'39" EAST A DISTANCE OF 315.16 FEET; 2. THENCE NORTH 41°50'18" EAST A DISTANCE OF 128.39 FEET; 3. THENCE NORTH 55°18'02" EAST A DISTANCE OF 34.48 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF INTERSTATE HIGHWAY 25 AS DESCRIBED AT RECEPTION NO, 1279810 IN THE OFFICE OF THE WELD COUNTY CLERK AND RECORDER; THENCE SOUTH 02°07'21" EAST, ALONG SAID WESTERLY RIGHT-OF-WAY LINE AND THE WESTERLY RIGHT-OF-WAY LINE OF INTERSTATE HIGHWAY 25 AS DESCRIBED AT RECEPTION NO. 1278345 IN THE OFFICE OF THE WELD COUNTY CLERK AND RECORDER, A DISTANCE OF 325.36 FEET TO THE POINT OF BEGINNING. [End of Exhibit A] Special Warranty Deed Former Retail Unit 4132 —3979 Hwy 119, Longmont, Colorado V'\LGLCORP\Commercial Law\Real Estatc\Sales ContractsW I32\Clo eDox\4I32-Decd-FINALdnc SKLD LG SKL10231 WE 3556083-2008.005 • • Brad Mueller From: Sent: To: Subject: Mickey Leyba-Farnsworth [mickey@civilresources.com] Wednesday, November 18, 2009 11:59 AM Brad Mueller FW: Lot A Amended RE -626 in Conjunction with SE -1156 Brad, Please accept the following email from the St. Vrain Sanitation District as their letter of approval for our SE -1156 and AmRE-626 applications. Let me know if you have any questions. Mickey Original Message From: Elizabeth Csotty [mailto:Elizabeth@StSan.com] Sent: Wednesday, November 18, 2009 10:57 AM To: Mickey Leyba-Farnsworth Subject: RE: Lot A Amended RE -626 in Conjunction with SE -1156 M,ckeq, We have reviewed tke flat map (subdivision Lxe.mption No. 5[-i 1 569 and tke sanitary sewer easements added to the two existing lines for tke Gs 1_i 9uortore are accepted and approved oq cj\/5[7. Will you please send us a copy of the f=inal Mat. ,5uxere y. Elizabeth Csotty Project Assistant St. Vrain Sanitation District www.stsan.com Direct: 303-682-4694 From: Mickey Leyba-Farnsworth [mailto:mickey@civilresources.com] Sent: Tuesday, November 17, 2009 2:26 PM To: Elizabeth Csotty Subject: Lot A Amended RE -626 in Conjunction with SE -1156 Elizabeth, Per our discussion, I have attached a PDF file of the proposed Subdivision Exemption SE -1156. As discussed with yourself and Rob Fleck, we have added sanitary sewer easements around the two existing service lines for the CJs Liquor Store. We are submitting the Plat maps to the County for their review and approval and would like to request that the District also review the Plat. We would like to respond to the County that the District has reviewed the Plat and is in agreement to the easements. Please let me know if the proposed easements meet your requirement as stated in your letter or if you need additional information. Thank you for your assistance and I look forward to your response. r ,mow Left Hand Water District August 28, 2009 Civil Resources FAX: 303-833-2850 Re: I25 W. Frontage Road Lot 1 5/8" residential TO WHOM IT MAY CONCERN: The property located at the above address or legal description is within the 'SERVICE AREA" of Left Hand Water District. The tap fee for the above named property has been paid. This entitles one living unit to receive water service at this location. If you have further questions regarding this matter, you may contact me at the District office. Sincerely, Kim Lane Administrative Assistant P.O. Box 210 Niwot, CO 80544-0210 Phone 303-530-4200 Fax 303-530-5252 ti www.lehhandwatecorg -t Left Hand Water District August 28, 2009 Civil Resources FAX: 303-833-2850 Re: 3907 Highway 119 TO WHOM IT MAY CONCERN: The property located at the above address or legal description is within the "SERVICE AREA" of Left Hand Water District. The tap fee for one 5/8" commercial tap for the above named property has been paid. Plans have not been reviewed by the District and the ultimate tap size and fire tap requirement has not be determined or approved. If you have further questions regarding this matter, you may contact me at the District office. Sincerely, Kim Lane Administrative Assistant P.O. Box 210 v Niwot, CO S0544-0210 N Phone 303-530-420(1N Fax 303-530-5252 www.lefthandwater.org • 'V` • St. Vrain SANI TATI ON DISTRICT September 1, 2009 Mickey Lebya-Farnsworth Civil Resources, LLC 323 Fifth Street, PO Box 680 Frederick, Co 80530 RE: SE' 'A of Sec. 3, TS 2N Range 68W of the 6th PM Lot 1 — Re 626 R & J Holdings, LLC To Whom It May Concern: The above land parcel is within the St. Vrain Sanitation District (SVSD) 208 service area and will be served contingent on the following: • One set of Civil and Mechanical drawings- The drawings must show the service line from the building to the main, with a sampling manhole as well as the interior layout showing bathrooms, sinks etc. • Completion of the Wastewater Questionnaire- Explaining the anticipated site activities and their potential to generate pollutants. This helps the District determine if additional follow-up is needed on issues such as safe chemical storage or on -site wastewater handling or treatment. This can be found on our website at www.stsan.com • If the nature of the activity is such that pretreatment of wastewater is required, plans for such treatment units must be included for approval. Example: Grease or sand oil interceptors, or other specialized treatment of industrial wastes such as pH neutralization or metal removal. • Proof of water tap size- This must be documented on submittals and will be confirmed with the water purveyor. • $130 Plan Review fee. Service will be subject to SVSD policy and rules and regulations. Please call our office at (303) 776 — 9570 with questions or comments. Sincerely, Elizabeth Csotty Project Assistant 11307 Business Park Circle Firestone, CO 80504 Phone (303) 776-9570 Fax: (303) 485-1968 • a�i • St. Vrain 15 SANITATION DISTRICT September 1, 2009 Mickey Lebya-Farnsworth Civil Resources, LLC 323 Fifth Street, PO Box 680 Frederick, Co 80530 RE: 3907 HWY 119 C. J.'s Liquors To Whom It May Concern: The above land parcel is within the St. Vrain Sanitation District (SVSD) 208 service area and is currently being served. Please call our office at (303) 776 — 9570 with questions or comments. Sincerely, Elizabeth Csotty Project Assistant 11307 Business Park Circle Firestone, CO 80504 Phone (303) 776-9570 Fax: (303) 485-1968 Hello