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Home My WebLink About20093440.tiffieernTh WIiDc. COLORADO DEPARTMENT OF PLANNING SERVICES SUBDIVISION EXEMPTION ADMINISTRATIVE REVIEW Applicant: P.V. Water III, LLC Case Number: SE -1151 Request: Subdivision Exemption in Conjunction with an RE (RE -4951) Legal Description: Part of the E 'V2 NW 1< of Section 10, Township 1 North, Range 63 West of the 6t" P.M., Weld County, CO Parcel Number: 1477 10 000017 Parcel size: 61 +/- acre Planner: Brad Mueller Criteria Checklist Meets Criteria Yes No NA X X The proposal is consistent with the policies of Chapter 22 of the Weld County Code. X 2. The boundary change or temporary use location which would be allowed on the subject property by granting the request will be compatible with the surrounding land uses. 3. In those instances when used pursuant to 24-8-30.A.1 of the Weld County Code, the request is the best alternative to dispose of existing improvements in conjunction with the companion Recorded Exemption. X 4. A lot being created for the purpose of financing will not result in the creation of a lot to be sold, shall be at least one acre in size, and will no longer exist upon termination of the financing arrangements. Approved With Conditions The Subdivision Exemption is approved in accordance with information submitted in the application and the policies of Weld County. The Department of Planning Services has determined through its review that the standards of Section 24-8-40 of the Weld County Code have been met. 1. A Weld County septic permit is required for any proposed home. The septic system shall be installed according to the Weld County Individual Sewage Disposal System (I.S.D.S.) regulations. 2. The applicant has proposed a well as the source of adequate water. Property owners are advised that while they may be able to obtain a well permit from the Office of the State Engineer, Division of Water Resources, the quantity of water available for usage may be limited to specific uses, i.e., "Domestic Use Only," etc. Also, the applicant should be aware that groundwater may not meet all drinking water standards as defined by the Colorado Department of Public Health and Environment. Applicants are strongly encouraged to test their drinking water prior to consumption and to periodically test it over time. t dooy_ 3440 • 3. Topographic or physical features of the proposed lots, such as ravines, ditches, streams etc. may limit the area available for a new or replacement septic system. Prior to recording the plat the Weld County Department of Public Health and Environment recommends that the applicant review the Weld County Code pertaining to septic systems to assure that any installed septic system will comply with all setback requirements found in the Code. In the event the proposed lot is not of sufficient size to allow the installation of a septic system the lot may need to be enlarged or reconfigured. 4. Prior to recording the plat: A. The plat shall be titled: Subdivision Exemption No. SE -1151. B. Application materials indicate that two houses are proposed to share a common well. Therefore, the O applicant shall submit a document providing for shared well operation and maintenance by both N. ci parcels of land. The declaration shall be recorded and the recordation number indicated on the plat. pr, A joint easement agreement shall be indicated on the plat. rLAT C. The septic system must be abandoned in accordance with Section 30-7-70 of the Weld County,. W Code pertaining to individual sewage disposal systems if it will not be utilized in the storage house. Lots , ciaL4 reg. tktc A$ANr7c-46r.4e.th . C u RG. cot A.) .-1.ucrr I—Nent-tH D. All septic systems must be located on their respective lots and meet all lot line setback requirements. The applicant shall submit a drawing of the septic system, with dimension and O distances from lot lines, to the Weld County Department of Public Health and Environment for pc verification of setbacks. N�AtT i E. Set aside an area for a septic system replacement envelope on both lots. The envelope should be o contained entirely within the boundaries of the lot. Lot lines may need to be adjusted if this cannot o IC r be accomplished with the boundaries proposed. Ho'n-rH AS ''a"', F. A 30 foot wide joint access and utility easement extending across the SE Lot from County Road 12 for the benefit of proposed RE lots shall be shown clearly on the plat. The joint easement shall be dedicated for the use as shown using the language set forth in the Weld County Code Appendix 24- F.E. The easement shall be graded and drained to provide all weather access.,,, Code, e ce^r26c c k_Eccrc rc i?E (-ern G. State Highway 52 requires 75 feet of right-of-way at full build -out according to the Colorado Department of Transportation future plans. A total of 75 feet shall be delineated on the plat as future Highway 52. All setbacks shall be measured from the edge of future right-of-way. The applicant shall verify the existing right-of-way and the documents creating the right-of-way. This road is maintained by the Colorado Department of Transportation. H. The applicant shall provide to the Weld County Department of Planning Services a copy of any new p or amended access permit issued by the Colorado Department of Transportation (CDOT) which N grants access to State Highway 52, or written evidence that the applicant has otherwise complied cOr, with the requirements of the Colorado Department of Transportation (CDOT). !:.LTrE,t "re. C e �4 The Subdivision Exemption Lots shall comply with the two and one-half (2.5) acre net minimum lot size required by Section 24-8-40.L of the Weld County Code. 2 J. The plat shall designate the dimensions and location of all existing improvements on the parcel. t' K. The applicant shall provide the Weld County Department of Planning Services with a Statement of o Taxes from the Weld County Treasurer showing no delinquent taxes exist for the original parcel. -0 tJeEr- L. The following notes shall be placed on the plat: Cr2Qecr (L -4te"6,� 1) This Subdivision Exemption was approved in conjunction with Recorded Exemption RE - 4951 for the purpose of dividing off a second set of existing residential improvements from the parcel. 2) All proposed or existing structures will or do meet the minimum setback and offset requirements for the zone district in which the property is located. Pursuant to the definition of setback in the Weld County Code, the required setback is measured from the future right- of-way line. No building or structure as defined and limited to those occupancies listed as Groups A, B, E, F, H, I, M and R in Section 302.1 of the 2003 International Building Code, shall be constructed within a 200 -foot radius of any tank battery or within a 150 -foot radius of any wellhead. Any construction within a 200 -foot radius of any tank battery or 150 -foot radius of any wellhead shall require a variance from the terms of the Section 23-3-10 of the Weld County Code. 3) Any future structures or uses on site must obtain the appropriate zoning and building permits. 4) There are two existing access points for the benefit of the SE Lot. CDOT has approved these two access points for the residential and accessory uses existing at the time of approval of this SE; however, if the SE Lot is redeveloped, then one access must be permanently closed and only one access for the SE Lot will be allowed. 5) Prior to the release of building permits, the applicant shall submit evidence to the Department of Planning Services that the lot has an adequate water supply of sufficient quality, quantity and dependability. 6) Potential purchasers should be aware that the lot may not be eligible for a domestic well permit which allows for outside irrigation and/or the watering of stock animals. The State Division of Water Resources issues all well permits. 7) Potential purchasers should be aware that groundwater may not meet all drinking water standards as defined by the Colorado Department of Public Health and Environment. The Weld County Department of Public Health and Environment strongly encourages well users to test their drinking water prior to consumption and periodically there after. 8) Potential purchasers should be aware that approval of this Subdivision Exemption does not guarantee that well permits will be issued for the lots. Any lot may be deemed non - 3 buildable if the lot owner is unable to obtain a well permit. The State Division of Water Resources issues all well permits. 9) 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 Subdivision Exemption number. 10) Prior to the release of building permits for any structure exceeding 3,600 square feet, the applicant must comply with the requirements of Appendix III -A of the International Fire Code. 11) Prior to the release of a building permit, the applicant shall submit evidence of approval from the Southeast West Fire Protection District to the Weld County Building Department. 12) 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. 13) Building permits shall be obtained prior to the construction of any building. A building permit application must be completed, with two complete sets of plans, including engineered foundation plans stamped and signed by a registered State of Colorado engineer. Setback and offset distances shall be determined by the 2006 International Building Code and Chapter 23 of the Weld County Code. Offset and setback distances are measured from the farthest projection from the structure. 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. 14) Effective January 1, 2003, Building Permits issued on the proposed lots will be required to adhere to the fee structure of the Weld County Road Impact Program. (Ordinance 2002-11) 15) 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) 16) WELD COUNTY'S RIGHT TO FARM: Weld County is one of the most productive agricultural counties in the United States, typically ranking in the top ten counties in the country in total market value of agricultural products sold. The rural areas of Weld County may be open and spacious, but they are intensively used for agriculture. Persons moving into a rural area must recognize and accept there are drawbacks, including conflicts with long-standing agricultural practices and a lower level of services than in town. Along with the drawbacks come the incentives which attract urban dwellers to relocate to rural areas: open views, spaciousness, wildlife, lack of city noise and congestion, and the rural atmosphere and way of life. Without neighboring farms, those features which attract urban dwellers to rural Weld County would quickly be gone forever. 4 • • Agricultural users of the land should not be expected to change their long-established agricultural practices to accommodate the intrusions of urban users into a rural area. Well - run agricultural activities will generate off -site impacts, including noise from tractors and equipment; slow -moving farm vehicles on rural roads; dust from animal pens, field work, harvest and gravel roads; odor from animal confinement, silage and manure; smoke from ditch burning; flies and mosquitoes; hunting and trapping activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and fertilizers in the fields, including the use of aerial spraying. It is common practice for agricultural producers to utilize an accumulation of agricultural machinery and supplies to assist in their agricultural operations. A concentration of miscellaneous agricultural materials often produces a visual disparity between rural and urban areas of the County. Section 35-3.5-102, C.R.S., provides that an agricultural operation shall not be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs methods or practices that are commonly or reasonably associated with agricultural production. Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to assume that ditches and reservoirs may simply be moved "out of the way" of residential development. When moving to the County, property owners and residents must realize they cannot take water from irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water. Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice the size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of state and County roads outside of municipalities. The sheer magnitude of the area to be served stretches available resources. Law enforcement is based on responses to complaints more than on patrols of the County, and the distances which must be traveled may delay all emergency responses, including law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must leave their jobs and families to respond to emergencies. County gravel roads, no matter how often they are bladed, will not provide the same kind of surface expected from a paved road. Snow removal priorities mean that roads from subdivisions to arterials may not be cleared for several days after a major snowstorm. Services in rural areas, in many cases, will not be equivalent to municipal services. Rural dwellers must, by necessity, be more self-sufficient than urban dwellers. People are exposed to different hazards in the County than in an urban or suburban setting. Farm equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center pivot operations, high speed traffic, sand burs, puncture vines, territorial farm dogs and livestock, and open burning present real threats. Controlling children's activities is important, not only for their safety, but also for the protection of the farmer's livelihood. 5. 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 5 • • 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. 6. The Department of Planning Services respectfully requests the surveyor provide a digital copy of this Subdivision Exemption. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles, Arclnfo Coverages and 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 mapsno co.weld.co.us. 7. The Weld County Department of Planning Staffs approval of this Subdivision Exemption is based upon satisfying the above conditions. Should an applicant be unwilling or unable to meet any one of these conditions, within 60 days of approval, then this case will be forwarded to the Board of County Commissioners with a recommendation for denial. By Date: September 28, 2009 . Brad Mueller ❑ Planner 6 • DEPARTMENT OF PLANNING SERVICES Planning Division NORTH OFFICE 918 10TH Street GREELEY, CO 80631 www.co.weld.co.us PHONE: (970) 353-6100, Ext. 3540 FAX: (970) 304-6498 COLORADO July 14, 2009 P.V. Water III, LLC c/o Steven Janssen 3990 Pleasant Ridge Rd Boulder CO 80301 Subject: SE -1151 - A Subdivision Exemption located on a parcel of land described as Part of E2NW4 of Section 10, TIN, R63W of the 6th P.M., Weld County, Colorado. Dear Applicants: Your subdivision 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 subdivision exemption is approved. If the staff determines that the application does not meet the approval criteria or if staff has concerns with the application, staff may elect to forward the application for review to the Board of County Commissioners. You will be notified and asked to appear before the Board of County Commissioners at a public hearing. You will be informed of the hearing date prior to the hearing. The Board of County Commissioners will then consider your application and make a final decision on the recorded exemption. If you have any questions concerning this matter, please call me. Sincerely, Brad Mueller Planner • • Kim Ogle From: Sent: To: Cc: Subject: Kim, Bilobran, Timothy [Timothy.Bilobran@DOT.STATE.CO.US] Thursday, July 01, 2010 11:08 AM Kim Ogle; 'Stevenljanssen@cs.com' 'pnation@frontrangeresources.com' RE: RE -4951 and SE -1151 CDOT has reviewed the submitted plats and determined that these plats satisfy all of CDOT's concerns. We have no further objections to this proposal. If you have any questions, I can give you a call at 970-350-2163. Thanks, Tim From: Kim Ogle [mailto:kogle@co.weld.co.us] Sent: Thursday, July 01, 2010 9:59 AM To: 'Stevenljanssen@cs.com' Cc: Bilobran, Timothy; pnation@frontrangeresources.com Subject: RE: RE -4951 and SE -1151. Steven Thank you for the affidavit from Mr. Baumgartner. I do not currently have any correspondence from CDOT and I do not find mylars were submitted to this office for processing. If you are able, please follow-up with the surveyor on this item. With receipt of documents from Tim/Gloria the plats may be recorded. Thank you. Kim Kim Ogle Weld County Planning Services - Greeley Office 1555 North 17th Avenue I Greeley CO 80631 i kogle@co.weldco.us T: 970.356 4000 x 3549 I F 970 304 6498 I From: Stevenljanssen@cs.com [mailto:Stevenljanssen@cs.com] Sent: Thursday, July 01, 2010 8:16 AM To: Kim Ogle Cc: timothy.bilobran@dot.state.co.us; pnation@frontrangeresources.com Subject: RE -4951 and SE -1151 Dear Kim: Attached please find my client's Affidavit of Removal, per your request. My client also mailed you an original for your file, which you should have received by now. My understanding is that Tim Bilobran of CDOT-4 will be sending you, directly via email, CDOT's 1. approval for the two highway accesses. Also, Paull Nation reports thae has provided your office with the mylars for recording of each exemption plat. Please advise at your earliest convenience as to any other matters that remain of concern. Thank you for your prompt professional attention to these matters. Steven Janssen 2 • Brad Mueller From: Sent: To: Subject: Brad, MaryCavnah Thursday, October 22, 2009 3:08 PM Brad Mueller--- RE-4051 and SE -1.151 The condition regarding abandoning the septic system for the house that is to be utilized as storage has been met. We have not received documentation regarding the shared well condition. Mary Cavnah Environmental Health Services Weld County Department of Public Health & Environment 1555 North 17th Avenue Greeley, Colorado 80631 Office #: 970-304-6415, Extension 2216 Fax #: 970-304-6411 • Brad Mueller From: Sent: To: Subject: Hice-Idler, Gloria [Gloria.Nice-Idler@DOT.STATE.CO.US] Tuesday, September 29, 2009 12:51 PM Brad Mueller RE: Note OK: PV Water one access Looks good! Sorry for not responding sooner. Gloria Hice-Idler Permit Supervisor CBOT Region 4 1420 2nd Street Greeley CO 80631 (970) 350-2148 From: Brad Mueller [mailto:bmueller@co.weld.co.us] Sent: Tuesday, September 29, 2009 12:47 PM To: Hice-Idler, Gloria Subject: Note OK: PV Water one access Gloria, did you get a chance to look at this note? Is it OK? Thanks - we'll get comments sent off to them after I hear from you. Brad From: Brad Mueller Sent: Wednesday, September 23, 2009 1:30 PM To: 'Hice-Idler, Gloria' Subject: RE: RE -4951 S. SE -1151 (PV Water) -- one access I agree — seems fair. How does this note work for you (which would go on the plats)? 1) There are two existing access points for the benefit of the SE Lot. CDOT has approved these two access points for the residential and accessory uses existing at the time of approval of this SE; however, if the SE Lot is redeveloped, then one access must be permanently closed and only one access for the SE Lot will be allowed. These are other relevant comments that we are giving them (not as notes on the plat). Feel free to comment: B. A 30 foot wide joint access and utility easement extending across the SE Lot from County Road 12 for the benefit of proposed RE lots shall be shown clearly on the plat. The joint easement shall be dedicated for 1 ilithe use as shown tlSRfg the language set forth in the Weld my Code, Appendix 24-F.E. The easement shall be graded and drained to provide all weather access. C. State Highway 52 requires 75 feet of right-of-way at full build -out according to the Colorado Department of Transportation future plans. A total of 75 feet shall be delineated on the plat as future Highway 52. All setbacks shall be measured from the edge of future right-of-way. The applicant shall verify the existing right-of-way and the documents creating the right-of-way. This road is maintained by the Colorado Department of Transportation. D. The applicant shall provide to the Weld County Department of Planning Services a copy of any new or amended access permit issued by the Colorado Department of Transportation (CDOT) which grants access to State Highway 52, or written evidence that the applicant has otherwise complied with the requirements of the Colorado Department of Transportation (CDOT). Thanks — I'll look forward to hearing from you. Brad From: Hice-Idler, Gloria [mailto:Gloria.Hice-Idler@DOT.STATE.CO.US] Sent: Monday, September 21, 2009 11:02 AM To: Brad Mueller Subject: RE: RE -4951 & SE -1151 (PV Water) -- one access Brad, I got the fax. We'd be willing to allow both accesses to remian for their existing use, BUT we'd need something somewhere (a plat?) that would state that if the property redevelops, then one of them must be removed. I think that's a reasonable compromise. Do you agree? Gloria Hice-Idler Permit Supervisor COOT Region 4 1420 2nd Street Greeley CO 80631 (970) 350-2148 From: Brad Mueller [mailto:bmueller@co.weld.co.us] Sent: Monday, September 21, 2009 10:52 AM To: Hice-Idler, Gloria Cc: Brad Mueller Subject: RE -4951 & SE -1151 (PV Water) -- one access Gloria, did you get my fax last week for these? This is the one where you had given me comments indicating that they should close an access, but I had failed to send you their letter requesting that both be maintained, Please let me know 2 • one way or another what CDOT want one — whether your original comments stWnd, or whether you will accept their request. Thanks -- Brad 3 • • HELD CHECK Inspection Date: S$ () 3 /01 Applicant: IY kL4cr 11I , �c-II5-I Case #:r KE_ y q5 I Request: Legal: Section: Location: N R: W Parcel ID #: Acres: Zoning Land Use N A N ::. �(41ApoL, 1neo$-e 3 hr N.S 1 nca.Peos (r�sz— c(r..34Rc hhn,..�(, E A E oe uo2 , l�E�^'i-+- ) kit S A S -OPYy.�,� W W I NW— SSbiAC0/1 LS yore Comments: lI a NC yvtieS Ak 46,- rye rz, •- j 1-3Fr k3 / /�C'r , -9‘ -ft 41-0 IC — Signature House(s) c Outbuilding(s) Access to Property Crop Productions Site Distance E Mobile Home(s) ❑ Other Animals On -Site o Water Bodies o Ditch o Derelict Vehicles ❑ Non-commercial junkyard (list components) o Irrigation Sprinkler Crops o Wetlands o Oil & Gas Structures Wet o Wildlife ❑ Utilities On -Site (transmission lines) `z Topography n' t Note any commercial business/commercial vehicles that are operating from the site. 1)RA Pr I kt �TQ� Plat Checklist SG -- r r S / POC Planner Item Comments Check Check Proper size and material 24" x 36" or 18" x 24" / Minimum 3 millimeter polyester sheet Lettering No stick -on lettering / Minimum 8 pt. lettering ,' Boundaries of Lots / Scale Suitable Scale? (1 "=200' or 1"=100') ✓ Accesses indicated t L Shared Access? If so, is easement Certificate included? O Roads labeled, including R.O. W Building Envelope(s) Vicinity Map Suitable Scale? (Minimum 1" = 2000') ti North Arrow ✓ Legal Description .5c.fc'v-- e t -k Se L., -r C) Notes from Planner/ Development Standards c Or2de,rc c -r —fr-i- -c-es- Conditions of Approval — Wets s N.1 r' — Gtc'r i'e.rz,v',? •— GJELt.. EA SrcalEN7S — 'rkx -- REAL -1- i' : Sep'', C. c,Trn16 e? Owner's Certificate Notarial Certificate included? All owners must sign the plat, check the deed. ✓ 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) 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 cdtiR-E-c r -r weYelt `m 1L€' Lerrc ifiNrZcsrr— (ft rvttCcet. Please return the plat to the GIS Technician within 24 hours of receiving the plat. S4.,2yvv.. S?'V j A o;?T hid C N✓a+J(;(4c M1c�ir�c Planner on Call: (Initials) t-t-eft'l.s lvCc-3 r, r64LrU�. Planner Signature: Date: w S WELD COUNTY, COLORADO DEPARTMENT OF PLANNING SERVICES 918 10TH STREET GREELEY, CO 80631 PHONE: 970-353-6100, EXT. 35401 FAX: 970.304-6498 ate: vL\ � 3 20 0 `3 Receipt N8. ' '; 15116 _ eceived From:. k)O, Permit Type No. Description Fee 4221c5&-)2. \ V.73 i \`;; 4:2Q. \ , 1'80- Cr3 4221-ZPMH I 4221-USR 1221 -SITE PLAN REVIEW 1221 -CHANGE OF ZONE 4221-P U D 1221-MINOR/MAJOR SUB # OF BUILDABLE LOTS 1221 -ADDITIONAL 30% FEE FOR SUB's 1221 -RE -SUBDIVISIONS 1221 -BOA 1221-FHDP/GHDP 1430 -MAPS / POSTAGE 430 -COPIES 1730 -INVESTIGATION FEE 1560 -RECORDING FEE RISC. 7:ASH CHECK NO. 2-7U.i-1 Z TOTAL FEE :ceipted By: r7 0.03 DL# )LII Exp. WI`Vc COLORADO APPLICANT: REQUEST: LEGAL: LOCATION: PARCEL ID #: APPLICATION FLOW SHEET P.V. Water III, LLC CASE #: SE -1151 SE 2 -lot split (in conjunction with RE -4951) Part of East 1/2 of Northwest'/. of Section 10, Township 1, Range 63 South of and adjacent to CR 12 (Hwy 52) & East of CR 67. 147710000017 (portion) ACRES: 4 +/- Date B Application Received 7/10/09 CG Application Completed 7/13/09 BM Referrals listed 7/13/09 BM Vicinity map prepared 7/13/09 BM File assembled rill41O 142 Case logged in computer Letter to applicant mailed L. Referrals mailed Field check by DPS staff /' (6 ( is f coq --� Administrative Review decision: Atrri -e�' al / z•f/ 00,'.- Board of County Commissioners hearing (if applicable) County Commissioners Hearing Date Date B y Surrounding property owners notified Presentation prepared CC action: CC resolution received Plat recorded and filed Overlay Districts Zoning MUD IGA Airport Geologic Flood Hazard A Yes No X_ Yes No X_ Yes No X_ Yes No X_ Yes_ No_X_ Date O'Tih'lU err SUBDIVISION EXEMPTION (SE) APPLICATION FOR PLANNING DEPARTMENT USE DATE RECEIVED: .7./r ° / 0 1 RECEIPT/AMOUNT# 1$ CASE # ASSIGNED: E -. i/s•/ APPLICATION RECEIVED BY C G PLANNER ASSIGNED: 'S'r`'� TYPE OF EXEMPTION REQUESTED (check one) ✓ Property line adjustment • Used with Recorded Exemption • Financing Purposes ✓ Public Utility Facility Parcel Number 1 4 7 7 _ 1 0 0 0 0 0 1 7 (12 digit number - found on Tax I.D. information, obtainable at the Weld County Assessors Office, or www.co.weld.co.us). Legal Description Part of E/2 of the NW/4 Section 10 Township 1 North, Range _West Has the property been divided from or had divided from it any other property since August 30, 1972? Yes No X Is this parcel of land, under consideration, the total contiguous land owned by the applicant? Yes No X FEE OWNER(S) OF THE PROPERTY: Name: P.V. Water III, LLC c/o Chris Paulson, Manager Work Phone # 303-843-9742 Home Phone # Email Address cpaulson@jfcompanies.com Address: 4643 So. Ulster St., Ste. 1300 City/State/Zip Code Denver, CO 80237 APPLICANT OR AUTHORIZED AGENT (See Below: Authorization must accompany applications signed by Authorized Agent) Name: Steven Janssen Work Phone # 303-443-4337 Home Phone # Address: 3990 Pleasant Ridge Rd. City/State/Zip Code Boulder, CO 80301 Email Address Stevenljanssen@cs.com I (We) hereby depose and state under penalties of perjury that all statements, proposals, and/or plans submitted with or contained within the application are true and correct to the best of my (our)knowledge. Signatures of all fee owners of property must sign this application. If an Authorized Agent signs, a letter of authorization from all fee owners must be included with the application. If a corporation is the fee owner, notarized evidence must be included showing the signatory has to legal authority to sign for the corporation. I (we), the undersigned hereby request the Department of Planning Services to reviey4is Subdivision Exemption on the above described unincorporated area of Weld County. Signatur . 0i, or Authorized Agent Date Signature: Owner or Authorized Agent Date -4- • s P. V. Water III, LLC 4643 So. Ulster St., Ste. 1300 Denver, CO 80237 303-843-9742 NOTIFICATION OF AUTHORITY July 1, 2009 To whom it may concern: Please be advised that I, Christopher R. Paulson, am the duly designated and acting Manager of P.V. Water III, LLC, a limited liability company, organized and operating under provisions of Title 7, Article 80, of the Colorado Revised Statutes. Further, I hereby acknowledge and affirm that as the duly designated and acting Manager of P.V. Water III, LLC, a limited liability company, I am authorized, pursuant to C.R.S. § 7-80- 402 and the company's Articles of Organization to approve, execute and file the attached Recorded Exemption (RE) Application and Subdivision Exemption (SE) Application regarding that real property, situate in Weld County, Colorado, owned by P. V. Water III, LLC and described as: All that part of the East One Half of the Northwest Quarter of Section 10, Township 1 North, Range 63 West of the Sixth Principal Meridian, County of Weld, State of Colorado; Excepting therefrom Lots A, B and C of Recorded Exemption No. 1477-10-1-RE2254, according to the map recorded September 3, 1998 at Reception No. 2637892, being a part of the North %2 of Section 10, Township 2 North, Range 6 West of the 6th Principal Meridian; Also excepting therefrom that parcel of land conveyed to the Prospect Community Church recorded December 8, 1943 in Book 1122 at Page 278 Weld County Records; Also excepting therefrom those parcels of land conveyed to School District No. 96, Weld County by Deeds recorded December 1, 1925 in Book 787 at Page 107, February 10, 1939 in Book 1038 at Page 10, and May 28, 1952 in Book 1331 at Page 494 Weld County records; Also excepting therefrom that parcel of land bounded to the North by Deed recorded in Book 1038 at Page 10, to the East by Deed recorded in Book 787 at Page 107, to the South by Deed recorded in Book 1331 at Page 494 and to the West by Deed recorded at Reception No. 1756411 Weld County Records. Should you have any questions or require any additional documentation regarding my authority to act on behalf of P.V. Water III, LLC please do not hesitate to contact me at the above address. Sincerely, C ist er R. Paulson, Manager P. V. Water III, LLC, a Colorado Limited Liability Co. s s P. V. Water III, LLC 4643 So. Ulster St., Ste. 1300 Denver, CO 80237 303-843-9742 DESIGNATION OF AGENT July 1, 2009 To whom it may concern: Please be advised that as the duly designated and acting Manager of P.V. Water III, LLC, a limited liability company I hereby designate Steven L. Janssen, Esq., 3990 Pleasant Ridge Rd., Boulder, CO 80301 (303) 443-4337 as the true and lawful agent of P. V. Water III, LLC for the limited purpose, and none other, of acting and communicating with the Weld County, Colorado, Department of Planning Services regarding the attached Recorded Exemption (RE) Application and Subdivision Exemption (SE) Application applicable to that real property, situate in Weld County, Colorado, owned by P. V. Water HI, LLC and described as: All that part of the Fast One Half of the Northwest Quarter of Section 10, Township 1 North, Range 63 West of the Sixth Principal Meridian, County of Weld, State of Colorado; Excepting therefrom Lots A, B and C of Recorded Exemption No. 1477-10-1-RE2254, according to the map recorded September 3, 1998 at Reception No. 2637892, being a part of the North %2 of Section 10, Township 2 North, Range 6 West of the 6th Principal Meridian; Also excepting therefrom that parcel of land conveyed to the Prospect Community Church recorded December 8, 1943 in Book 1122 at Page 278 Weld County Records; Also excepting therefrom those parcels of land conveyed to School District No. 96, Weld County by Deeds recorded December 1, 1925 in Book 787 at Page 107, February 10, 1939 in Book 1038 at Page 10, and May 28, 1952 in Book 1331 at Page 494 Weld County records; Also excepting therefrom that parcel of land bounded to the North by Deed recorded in Book 1038 at Page 10, to the East by Deed recorded in Book 787 at Page 107, to the South by Deed recorded in Book 1331 at Page 494 and to the West by Deed recorded at Reception No. 1756411 Weld County Records. Should you have any questions or require any additional documentation regarding my designation of Mr. Janssen to act on behalf of P.V. Water III, LLC in these limited respects, please do not hesitate to contact me at the above address. aulson, , LLC, a Colorado Limited Liability Co. • S STATEMENT OF PURPOSE AND BENEFITS Subdivision Exemption Application P.V. Water III, LLC The Applicant seeks a subdivision exemption for the purpose of separation of two existing residences that are presently existing on a four acre parcel, proposed recorded exemption Lot A. Applicant bought the 61 acre farm, including three existing residences and out buildings, from Larry Lee and Mary Kay Baumgartner. The Applicant has contracted with the Baumgartners to reconvey four acres, including all existing residences and out buildings, to the Baumgartners upon approval of an accompanying recorded exemption application and this subdivision exemption application. Applicant will retain 57 acres of farm land, without improvements. Applicant does not seek any building envelopes on the remaining 57 acres of farm land as no improvements are planned for this parcel, proposed recorded exemption Lot B. The existing three residences are all located together as shown on the attached color map. The oldest house (located at the far southwest of the proposed Lot A) will be abandoned as a residence, no longer to be inhabited but rather to be used for storage. The two newer houses are each served by individual sewage disposal systems and share an exempt domestic well. If the recorded exemption application and subdivision exemption application are granted a well sharing agreement will be prepared and presented. A subdivision exemption creating two lots within the recorded exemption will benefit the property by allowing the separate financing, sale, and occupancy of the two existing residences currently inhabited on the proposed recorded exemption Lot A. • • Delinquent Tax Notice Account Number: R6516486 Parcel: 147710000017 Tax Amount Due: $0.00 Payment Due By: 06/16/2009 If you want a receipt, please check this box and include a self addressed stamped envelope. Check this box for address correction, and make changes below. Please Return this Portion with your Payment PV WATER II LLC 4643 S ULSTER ST STE 1300 DENVER, CO 80237 Make checks payable to: Treasurer John R. Lefebvre, Jr. 1400 N. 17th Avenue Greeley, CO 80631 Phone: 970-353-3845 ext. 3290 THIS WILL BE YOUR ONLY NOTICE OF DELINQUENCY Account Number: R65I6486 Parcel: 147710000017 Assessed To: PV WATER II LLC 4643 S ULSTER ST STE 1300 DENVER, CO 80237 Treasurer John R. Lefebvre, Jr. 1400 N. 17th Avenue Greeley, CO 80631 Phone: 970-353-3845 ext. 3290 Legal Description Situs Address 7067 E2NW4 10 1 63 EXC E10 A OF NE4NW4 ALSO EXC 1A CHURCH 33394 52 HWY WELD 00000 ALSO EXC BEG 13151E OF NW COR S518.5' E503.5' N518.5' W503.5' TO BEG ALSO EXC BEG 330W OF CEN SEC N40' W50' S28' W902' S12' E952' TO BEG (.29A) SITUS: 33394 52 HWY WELD 00000 Year Charges 2008 Interest 2008 Tax Billed Payments Balance $31.54 $31.54 $0.00 $1,576.81 $1,576.81 $0.00 Grand Total Due as of 06/16/2009 $0.00 <publicwebuser> @ Jun 16, 2009 3:51:17 PM Weld Page 1 of 1 REFERRAL LIST Name: P.V. Water III, LLC • County _Attorney x Health Department _Extension Office Emergency Mgt Office - Ed Herring Sheriffs Office x Public Works _Housing Authority _Airport Authority _Building Inspection _Code Compliance _S. -Ann _N -Beth _ Kim Ogle (Landscape Plans) _Lin (Addressing Change of Zone) Ambulance Services State _Div. of Water Resources Geological Survey _Department of Health V x Department of Transportation _Historical Society Water Conservation Board Oil & Gas Conservation Commission Division of Wildlife _South Hwy 66 (Loveland) _North Hwy 66 (Greeley) _Division of Minerals/Geology Soil Conservation Districts _Big Thompson/ FTC Boulder Valley/Longmont _Brighton/SE Weld Centennial Greeley/West Greeley _Platte Valley West Adams _Little Thompson Federal Government Agencies US Army Corps of Engrs _USDA -APHIS Vet Service Federal Aviation Admin (Structures over 200 ft or w/in 20000 ft of Pub Airport Federal Communications Comm Towns & Cities Ault Berthoud _Brighton Dacono Eaton Erie Evans Firestone _Fort Lupton Frederick Garden City Gilcrest _Greeley Grover Hudson Johnstown Keenesburg _Kersey LaSalle Lochbuie _Longmont Mead Milliken _New Raymer Northglenn Nunn Pierce Platteville Severance Thornton Windsor Counties Adams Boulder Broomfield Larimer #: SE -1151 Fire Districts Ault F-1 Berthoud F-2 _Briggsdale F-24 _Brighton F-3 Eaton F-4 _Fort Lupton F-5 Galeton F-6 Hudson F-7 Johnstown F-8 LaSalle F-9 _Mountain View F-10 Milliken F-11 Nunn F-12 Pawnee F-22 Platteville F-13 _Platte Valley F-14 _Poudre Valley F-15 _Raymer F-2 x Southeast Weld F-16 _Union Colony F-20 Wiggins F-18 Windsor/Severance F-17 Other x School District RE -3 _Central Colo. Water Conservancy RR x Henrylyn Ditch Company _Art Elmquist (MUD Area) Commissioner Weld County Planning Department GREELEY OFFICE AUG 13 2nnq Weld Countyy ReEferrrat July 14, 2009 The Weld County Department of Planning Services has received the following item for review: Applicant P.V. Water Ill, LLC Case Number SE -1151 Please Reply By August 14, 2009 Planner Brad Mueller Project Subdivision Exemption used in conjunction with Recorded Exemption (RE -4951) Lega/ Part of E2NW4 of Section 10, TIN, R63W of the 6th P.M., Weld County, Colorado. Location South of and adjacent to CR 12 (Hwy 52) and East of CR 67. For a more precise location, see legal. Parcel Number 1477 10 000017 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. Li We have reviewed the request and find that it does / does not comply with our Comprehensive Plan 6 ---We have reviewed the request and find no conflicts with our interests. ❑ See attached letter. Comments: Signature `/fy CLe / 3 ©? Agency ✓ eks-/- 'z/WWW 2e otr- a Date c.Cr ❖Weld County Planning Dept. +918 10th Street, Greeley, CO. 80631 +(970) 353-6100 ext.3540 ❖(970)304-6498 fax Jul. 23. 2009_ 1:25PM PEyiJYN IRRIGATION . No. 2388 P. 2 ittt 111k. COLORADO Weld County Referral July 14, 2009 The Weld County Department of Planning Services has received the following item for review: Applicant Please Reply By August 14, 2009 Project P.V. Water III, LLC Case Number SE -1151 Legal Location Planner Brad Mueller Subdivision Exemption used in conjunction with Recorded Exemption (RE -4951) Part of E2NW4 of Section 10, Ti N, R63W of the 6th P.M., Weld County, Colorado. South of and adjacent to CR 12 (Hwy 52) and East of CR 67. For a more precise location, see legal. Parcel Number 147710 000017 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, have reviewed the request and find that It does / does not comply with our Comprehensive Plan We have reviewed the request and find no conflicts with our Interests. See attached letter. Comments: Signature Agency *Weld County Planning Dept.(f 910 Street, . 80631 4(970) 353-6100 ext,3540 4(970)304-6498 fax 7 925 - 69 Date r�. Oreeley/CC itst4wr "DC. COLORADO • JUL 1 7 2009 Weld County Referral July 14, 2009 The Weld County Department of Planning Services has received the following item for review: Applicant P.V. Water III, LLC Case Number SE -1151 Please Reply By August 14, 2009 Planner Brad Mueller Project Subdivision Exemption used in conjunction with Recorded Exemption (RE -4951) Legal Part of E2NW4 of Section 10, Ti N, R63W of the 6th P.M., Weld County, Colorado. Location South of and adjacent to CR 12 (Hwy 52) and East of CR 67. For a more precise location, see legal. Parcel Number 1477 10 000017 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. We have reviewed the request and find that it does / does not comply with our Comprehensive Plan We have reviewed the request and find no conflicts with our interests. See attached letter. Comments: Signature Agency Date +Weld County Planning Dept. +918 10th Street, Greeley, CO. 80631 + (970) 353-6100 ext.3540 +(970)304-6498 fax • aid County Planning Department GREELEY OFFICE COLORADO MEMORANDUM"' 142nnq RECEIVED TO: Brad Mueller, Planning Services DATE: August 13, 2009 FROM: Heidi Hansen, P.E., Public Works Department ?,\\\\ SUBJECT: SE -1151, P.V. Water III, LLC The Weld County Public Works Department has reviewed this proposal. Staff comments made during this phase of the process may not be all-inclusive, as other concerns or issues may arise during the remaining application process. Issues of concern must be resolved with the Public Works Department. Our comments and requirements are as follows: COMMENTS: WCR 67 is a local gravel road and requires a 60 -foot right-of-way at full build out. There is presently a 60 -foot right-of- way. This road is maintained by Weld County. Pursuant to the definition of SETBACK in the Weld County Zoning (23-1- 90), the required setback is measured from the future right-of-way line. The most current road count for WCR 67 is 82 AADT taken in October of 2008. The Colorado Department of Transportation (CDOT) has jurisdiction over all accesses to the state highways. Please contact Gloria Hice-Idler at the Greeley office to verify the access permit or for any additional requirements that may be needed to obtain or upgrade the permit. (State Highway 52) REQUIREMENTS: The applicant shall place on the plat drawing: 30 -foot access easement across Lots SE #2 and SE #1 as specified in SE -1151 for the benefit of Lot SE #1 and Lot B as specified in RE -4951. The applicant shall provide a copy of the approved CDOT access permits for the existing State Highway 52 accesses. If both accesses are not permitted through CDOT, the access that is not permitted will need to be permanently closed. 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: SE -1151 Page I of I M.\PLANNING — DEVELOPMENT REVIEW\SE-Subdivision Exemption \SE-1151.doc • • WELD COUNTY ROAD ACCESS INFORMATION SHEET Weld County Department of Public Works 111 H St PO Box 758 Greeley CO 80632 Phone: (970 )356-4O00 x3750 Fax: (970) 304-6497 Road File #: Date: RE IS: Other Case #. 1. Applicant Name iY V IN4T✓t 1 I ) , t LC_ Phone 3 O 3 r7 y 5 S' 7N Z Address Yio Y _Co a<S1 ,'L 5 r City /9IAt/✓«( State CO Zip ,s7c ? <7 2. Address or Location of Access 3'3 3 9 v Cr f1 &I i y S Z Section / J Township i Al Range C,3 W Subdivision Block Lot Weld County Road #: Side of Road S Distance from nearest intersection 3. is there an existing access(es) to the property? Yes v---- No # of Accesses _ 4. Proposed Use: ��,,,,/� Rrmanent LTResidential/Agricultural ❑ Industrial ❑ Temporary ❑Subdivision ❑ Commercial El Other 2'y zr-r(4 5. Site Sketch Legend for Access Description: AG RES O&G D.R. 0 0 = Agricultural = Residential = Oil & Gas = Ditch Road = House = Shed = Proposed Access = Existing Access D j fi,/c1 n''toc& ;9 7-4 E Gk/Jr7,1f 4CcciiieJ OFFICE USE ONLY: Road ADT nate _Accidents Date Road ADT nate Accidents Date Drainage Requirement Culvert _Size I ength Special Conditions Installation Authorized Information Insufficient Reviewed By: Title: • Memorandum TO: Brad Mueller, W.C. Planning DATE: August 12, 2009 FROM: Lauren Light, W.C. Department of Public Health and Environment CASE NO.: SE -1151 NAME: PV Water Ill, LLC Environmental Health Services has reviewed this proposal to create a subdivision exemption (SE) lot used in conjunction with RE -4951. There are no lot sizes provided for the SE lots in the application, however this department recommends a minimum lot size of 2.5 acres for lots on individual well and septic systems. There are three existing residences on the property which are served by a shared individual well (permit number 277893). There are three individual sewage disposal systems, 33394 Highway 52 (permit SE -0800037), 33390 Highway 52 (permit SE - 0800038 and 33396 Highway 52 (permit SE -0800039). The recorded exemption application indicates that one of the homes will be abandoned and used as storage. The septic system for that residence shall be abandoned in accordance with the County Septic Regulations if it will not be utilized. The following conditions are recommended to be part of any approval: 1. The application materials indicate that the two houses are proposed to share a common well. Therefore, the applicant shall submit a document providing for shared well operation and maintenance by both parcels of land. The declaration shall be recorded and the recordation number indicated on the plat. A joint easement agreement shall be indicated on the plat. 2. The septic system must be abandoned in accordance with Section 30-7-70 of the Weld County Code pertaining to individual sewage disposal systems if it will not be utilized in the storage house. Additionally, please note the following: 1. Our Department recommends the applicant to set aside an area for a septic system replacement envelope on both lots. This envelope should be contained entirely within the boundaries of the lot. Lot lines may need to be adjusted if this cannot be accomplished with the boundaries proposed. • 2. The proposed acreage currently does not meet current Weld County Health Department policy. We would encourage the applicant to increase the acreage for each lot to 2.5 acres. However, in the event the applicant cannot or chooses not to increase the lot size, please place the following note onto the plat. Future development may necessitate a larger lot than what is displayed on the plat. In addition, a larger lot would provide additional dilution and attenuation of sewage wastes which may beneficial to the environment. This application is proposing a well as its source of water. The applicant should be made aware that while they may be able to obtain a well permit from the Office of the State Engineer, Division of Water Resources, the quantity of water available for usage may be limited to specific uses, i.e. domestic use only, etc. Also, the applicant should be made aware that groundwater may not meet all drinking water standards as defined by the Colorado Department of Public Health and Environment. We strongly encourage the applicant to test their drinking water prior to consumption and periodically test it over time. 4. Topographic or physical features of the proposed lot, such as ravines, ditches, streams, etc. may limit the area available for a new or replacement septic system. Prior to recording the plat the Division recommends that the applicants review the County Code pertaining to Septic Systems to assure that any installed septic system will comply with all setback requirements found in the Code. In the event the proposed lot is not of sufficient size to allow the installation of a septic system the lot may be need to be enlarged. p.2 Jul 23 2OO9 11:57AM HP ASERJET FAX rc Rs Weld County School Dist -3(J) 194 West Broadway / Po. Sox 2691 KNOKburp, CO 80643 Tel: (303) 536.20001 For. (303) 536-2010 July 23, 2009 Weld County Department of Planning Services 918 10th Street Greeley, Colorado 80631 Case Number: SE -1151 Dear Mr. Mueller: Thank you for your recent recorded exemption fur the property belonging to P.V. Water III, LLC. Since this property's Subdivision Exemption used in conjunction with Recorded Exemption RE -4951 is for two existing residences and does not add any new residences, a cash -in -lieu fee is not required. Please accept this letter as evidence that Weld County School District RE -3J has no objection to the above mentioned Recorded Exemption. If more than this letter is needed for your dealings with the county please let me know. Sincerely, Susie Towasend Superintendent of Schools Weld County School District Re -3J cc: P.V Water III, LLC • • 0.4 0.9 c' W ii 6 0 1 h z 3a O en 6 000 Up to 5.5 DU/AC en 'I, a S I s s d d u w 0 0 Ln C G 8 8 o 4 o O M * e 05 eLl 0 E ' d • XH3 13CH3SblddH WHLS:TT 6002 EZ Inc Brad Mueller From: Sent: To: Subject: Hice-Idler, Gloria [Gloria.Hice-Idler@DOT.STATE.CO.US] Thursday, August 06, 2009 8:24 AM Brad Mueller RE -4951 & SE-1151/PV Water Ill Brad, I apologize for not commenting sooner. Below are CDOT's comments: 1. Projected right-of-way need is 75' either side of the highway centerline. 2. Access isn't really discussed, but only one access to SH 52 should be allowed to serve all the lots. If you have any questions, please do not hesitate to contact me. Gloria Hice-Idler Permit Supervisor CbOT Region 4 1420 2nd Street Greeley CO 80631 (970) 350-2148 ---_ - ---- .- - - £S S. ..-ca i' e -• — • r N3 • (""""""Z.,,, I • • • PROPOSED RECORDED EXEMPTION A PART OF THE EAST HALF OF THE NORTHWEST QUARTER OF SECTION 10 TOWNSHIP 1 NORTH, RANGE 63 WEST, OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO. SHEET 1 OF 1 STATE HIGHWAY 52 (60' ROW) 2G1 T' NO ST. NAVE" IC RCP ND S 204 -MCP WEN SCUM . a1n 9124) &5* , SEC. 10 ' ALUM. CAP IC RCP 12" RCP SIGN 'RROSPICT Warr OH �£7H 0 co WELD COUNTY ROAD 67 TELEPHONE VAULT 24. PROPANE TANK PROPANE TAN 2' RCP 9G4 WIZ POST 41• 9 t4 14D40( 12 1nfA- 'FT WPTCN II Ian" S[A Di 2Lior E NLIRTHiltrOIRNIN, SEC. 10 iftCri/ ALUM. 'LS 36 U 24' O* -u IS' CUP READ MALLS 2E' CA SILO LD HEAD 18 0$' CATE •21 -STOP NO ST. NAVE' BRIDGE BUILDINGS (TYR) WALLS 9O1 'SYfm LMT as' RCN I. 11� i 1 i SUBJECT P OPERTY1,1 V GR0SS=X.S,F.±_ X AC.*._. NETaX (S.F.'* X AC.* wAtls EDGE OF CRAVED ROAD 1 I r CONCRETE POMMEL 1S" RCP PARCEL 275,224 S.F.± 6.318 AC.± l}"• J..••.n....\\1:1N1YVV\YwVYLV1\(.\L'�II:LI•`�IC 14(40 (W SJCR, SEC. 1D F 2' 4t(TECAP 'L S I, a' OrRT ROAD 5'tIn' OAP DID 12' STET1 STORu PIPE ITLRLECKCS (vi?) CONCRETE 01 ANN 15' CUP 12' it- RCP 18- CAP 8' CMI 12. OAP ( La" PVC PIPE AUS 12• CU Tr STEEL PIPE WALLS ELECTRIC METER xx xxx xx WELL #???,v?fP (WELL IN PUMP \ HOUSE) IS' RCP -PROPANE TAME' WALLS II 12' CUP IS' Cup Si 8. DIRT (ROAD • 18- CAP W. LI JE 11 /2 NW 1/4 SEC. 10 0 3'42 -Vi 2641.62' CONCRETE CHANNELS fides\L L(♦�...QL �._I�� T , L�� X89.03 47 E 2595.8' LINE NW 1/4 SEC. 10 To't - I5•* DIRT ROAD (IMO1H VARIES) la" CUD ELECTRIC METER xx xxx xx P N_T# 0'•6 ' INNING s rgdp tk R\4(MRl4 SECTION 10 N SCALE: 1 "= 500' -ED- r LARRY LEE BAUMGARTNER PROPERTY: E 1/2. NW 1/4 SEC ►0. TIN, R63W: 0 tn 0 a U a d to WN ,t CD 7 Z Haw a p z co O J Z IsJ Carroll & Lange Processional Engineers & Land Surveyors 165 South Union Blvd., Suite 156 Lflewood, Colorado 80228 PHONE: (303) 980-0200 FAX: (303) 980-0917 WWW.C.4RROLL-LANGE.COM PRELIM RE: PREPARED: 06/19/08. rev- SHEET I OF 1 P:\4421\PROJECIS\BAUMGARINER, LARRY LEE \ALtA\ALTA BASE.DWC 4 U 1 4 : • Q. 0 Ch u rc41 5_14, I • h 040 gN, s4eJ I • 3 3 3 q C' 11 w jkeeA Shute -la (f Q 3 0 U4 3 54 f? r t2p, vir n'shed ts° ba /3'► iri II Lad' j f BieVfr" t-rAJcJ% k'P Y H0MSe a? 4/ �.e etch sled,, .oz lot • 5 6 !- _r I -5O • SJ•' 7r F Q r OV � � p tie /2' 22it . Die! • WELD COUNTY ROAD ACCESS INFORMATION SHEET Weld County Department of Public Works 111 H St PO Box 758 Greeley CO 80632 Phone: (970 )356-4000 x3750 Fax: (970) 304-6497 Road File #: Date: RE #: Other Case #. 1. Applicant Name tY V U//7�fC % / / , t LC: Phone 3 O 3 YY 3 c7 7N Z Address V& Y8 So t4'4ST4�Z. 5f City ,ifA/fie,: State Co Zip gc e <7 2. Address or Location of Access 3 3 9 Section / v Township / Al Range rn 3 W Subdivision Block Lot Weld County Road #: Side of Road S Distance from nearest intersection 7• 3. is there an existing accvss(es) to the property? Yes v No # of Accesses 4. Proposed Use: /' 0 "--Permanent L7Residential/Agricultural ❑ Industrial ❑Temporary 111 Subdivision ❑ Commercial ❑Other 5. Site Sketch Legend for Access Description: AG = Agricultural RES = Residential O&G = Oil & Gas D . = Ditch Road = House O = Shed = Proposed Access = Existing Access Comer "O1 nectO1Aco /4'LL fk/JT"-76 4CGf-111_1 L 5 r z OFFICE USE ONLY: Road ADT Date Accidents Date Road ADT Date Accidents Date Drainage Requirement CulvertSize I ength Special Conditions Installation Authorized Information Insufficient Reviewed By: Title: • I IIIOII III11 VIM 111111111111111111111 III Bill In 3619941 05/01/2009 10 42A Weld County, CO t of 20 R 101.00 0 0.00 Steve Moreno Clerk & Recorder get NO DOCUMENTARY FEE REOUIRED \ CONVIENENCE DEED \IR PURPOs'FS OF {_I_Li( HNI I INC LEGAL DES CIf�V191WN Special Warranty Deed (PV Water H to PV Water III) -01 This Deed, made this day of April, 2009, between PV Water II LLC, a Colorado limited liability company, as grantor ("Grantor"), and PV Water III LLC, a Colorado limited liability company, whose legal address is 4643 S. Ulster, Suite 1300, Denver, Colorado 80237, of the City and County of Denver, State of Colorado, as grantee ("Grantee"). Witnesseth, that Grantor, for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, 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 Grantee, its successors and assigns forever, all the real property, together with improvements, if any, situate, lying and being in the County of Weld, State of Colorado, described as follows; See Exhibit A attached hereto and incorporated herein. TOGETHER with all and singular the hereditaments and appurtenances thereunto beionng, or appertaining, andtheand .,..gt..b, ..^. anyway appw .,�, reversion reversions, remainders, rents, issues and profits and all of Grantor's interest, if any, in and to any mineral rights, including but not limited to, oil and gas and constituents thereof, including gravel, sand and coal, in, under and upon or that might be produced from the Property, now or hereafter acquired, but only to the extent such minerals are owned by Grantor and have not been reserved by prior --4eed-orgrant;-and-any-royalty-Interest, and -any -odor -gas -leases; and -any surface -rights -which - are owned by Grantor that relate to or in any way are appurtenant to the Property; and all the estate, right, title, interest, claim and demand whatsoever of the grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances; TO HAVE AND TO HOLD the same premises above bargained and described, with the appurtenances, unto the said Grantee, its successors and assigns forever. And, Grantor, for itself, its successors and or assigns, does covenant, grant, bargain and agree to and with the said Grantee, its successors and assigns, that at the time of the signing and delivery of these presents, they are well seized of the premises above conveyed, have good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and have good right, full power and lawful authority to grant, bargain, sell and convey the same in manner of form aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments and encumbrances of whatever kind or nature, except for and subject to those matters as set forth on Exhibit B attached hereto and incorporated herein. I hill! 11111111111 IIIII 1111 IIIII 111111 III IIIII 11111111 3619941 05/01/2009 10:42A Weld County, CO 2 of 20 R 101.00 0 0.00 Steve Moreno Clerk & Recorder And Grantor, its successors and assigns, covenants and agrees to and with Grantee, to its SULA;C,SUIS and assigns, warrant and defend title to the Property and the quiet and peaceable possession of the Property by Grantee, its respective successors and assigns, against every person who lawfully claims the Property or any part thereof, by, through or under Grantor. In Witness Whereof, Grantor has executed this Special Warranty Deed on the date set forth above. STATE OF COLORADO CITY AND COUNTY OF DENVER )ss. PV Water II LLC, 1 / a Colorado : . v onmpany ristopher R. Paulson The foregoing instrument was acknowledged before me this 3?Hay of April, 2009, by Christopher R. Paulson, as Manager of PV Water II LLC, a Colorado limited liability, on its behalf. WITNESS my hard and official seat My commission expires: 2 otary Pub} ��.Hu CO:. 1111111 11111 111111 11111 1111 11111 1111111 III 11111 !III 1111 3619941 05101/2009 10:428 Weld County, CO 3 of 20 R 101.00 0 0.00 Steve Moreno clerk & Recorder -ibit A to Special Warranty Deed (Legal description) BLAKE Part of the Northeast Quarter (NE 1/4) of Section 15, Township 1 North, Range 63 West of the 6'h Principal Meridian, Weld County, Colorado, being more particularly described as follows: Beginning at the Northeast corner of said Section 15; thence South 00°00'37" West along the East line of said Northeast 'A of Section 15 on a bearing shown on Highway Right -of -Way Plans Project No. SR0079 (8), revised August 23, 1990, a distance of 80.00 feet to the Tnie Point of Beginning; thence South 00°00'37' West along said East line of the Northeast '/a of Section 15, a distance of 2590.08 feet to the East '/e corner of said Section 15; thence North 89°53'30" West along the South line of said Northeast 1/4 of Section 15, a distance of 1866.63 feet; thence North 00°30'16" East, a distance of 2663.47 feet to a point on the North line of said Section 15, said point being 745.70 feet easterly of the North '/a corner of said Section 15; thence North 89°54'04" East along said North line of the Northeast Y of Section 15, a distance of 1763.66 feet to a point 80.00 feet westerly of said Northeast corner of Section 15; thence South 00°00'37" West parallel with said East line of the Northeast '/ of Section 15, a distance of 30.00 feet; thence South 45°02'37" East, a distance of 70.64 feet; thence North 89°54'04" East parallel with said North line of the Northeast '/ of Section 15, a distance of 30.00 feet to the True Point of Beginning, County of Weld, State of Colorado. TOGETHER WITH: CHUMLEY Lot A bfRonfed Exemption No. 1477 -22 -4 -RE -1697, recorded March 14, 1995 in Book 1483 as Reception No. 2429854, being a part of the SE'/ of Section 22, Township 1 North, Range 63 West of The 6th P.M., County of Weld, State of Colorado. TOGETHER WITH: COOK Lot B Recorded Exemption Survey No. 1477-09-01 RE 3501 recorded March 26, 2003 at Reception No. 3045533 located in the East Half (E 'h) of the Northeast Quarter (NE '/<) of Section 9, Township 1 North, Range 63 West of the 6`h P.M., County of Weld, State of Colorado. 3 1111// 11111 1111 11111 IIII IIIII IIIIIII III 11111 ilil till "I`OGETAI R WITH: EARL BAUMGARTNER 3619941 05/01/2009 1042A Weld County, CO 4 of 20 R 101.00 D 0.00 Steve Moreno Clerk R Recorder The West' of the Northeast's' of Section 9, Township 1 North, Range 63 West of the 6`h P.M., including a strip of land 50 feet wide on the easterly side of and adjoining the center line of the Beet Spur Track of the Burlington Northern Inc., lying within the said Northeast Quarter of Section 9 with said Track Center Line also being the North -South center line of said Section 9, County of Weld, State of Colorado. TOGETHER WITH: LARRY LEE BAUMGARTNER All that part of the East One Half of the Northwest Quarter of Section 10, Township 1 North, Range 63 West of the Sixth Principal Meridian, County of Weld, State of Colorado; Excepting therefrom Lots A, B and C of Recorded Exemption No. 1477-10-1-RE2254, according to the map recorded September 3, 1998 at Reception No. 2637892, being a part of the North '/a of Section 10, Township 2 North, Range 6 West of the 6'h Principal Meridian; Also excepting therefrom that parcel of land conveyed to the Prospect Community Church recorded December 8, 1943 in Book 1122 at Page 278 Weld County Records; Also excepting therefrom those parcels of land conveyed to School District No. 96, Weld County by Deeds recorded December 1, 1925 in Book 787 at Page 107, February 10, 1939 in Book 1038 at Page 10, and May 28, 1952 in Book 1331 at Page 494 Weld County records; Also excepting therefrom that parcel of land bounded to the North by Deed recorded in Book 1038 at Page 10, to the East by Deed recorded in Book 787 at Page 107, to the South by Deed recorded in Book 1331 at Page 494 and to the West by Deed recorded at Reception No. 1756411 -Weld-County -Records. TOGETHER WITH: RODNEY (PINTO) BAUMGARTNER The W '/z of the NW '/n of Section 10, Township 1 North, Range 63 West of the 6'h P.M., Together with a tract of land located in the NW '/a of Section 10, Township 1 North, Range 63 West of the 6th P.M., beginning at a point on the East and West quarter section line of Section 10, Township 1 North, Range 63 West, 330 feet West of the center of said Section; thence North 40 feet; thence West 50 feet; thence South 28 feet; thence West 902 feet to a fence running North and South between the NW '/4 and the W '/z of the NW '/a of Section 10; thence South 12 feet to the East and West quarter section line of Section 10; thence East along the said East and West quarter section line, 952 feet to the place of beginning, 4 111111 IIIII 111111 Ill Fill ill Al 11111 Ell IIll 3619941 05/01/2009 10 42A Weld County, CO 5 of 20 R 101.00 0 0.00 Steve Moreno Clerk & Recorder • Except that portion conveyed to Prospect School District No. 96, Prospect Valley by instrument recorded April 7, 1951 in Book 1328 at Page 244 and Corrective Warranty Deed to Weld County School District RE -3(J), formerly known as Prospect School District No. 96, Prospect Valley recorded June 12, 1978 in Book 824 at Reception No. 1756411, County of Weld, State of Colorado. TOGETHER WITH: HAVENGAR - WELL SITE A tract of land situated in the Southwest Quarter (SW '/) of Section 10, Township 1 North, Range 63 West of the 6th P.M., described as follows: Beginning at the southeast corner of said quarter section, thence North along the East boundary thereof a distance of seventy (70) feet, thence West parallel to the South boundary thereof a distance of eighty (80) feet, thence South parallel to the East boundary thereof a distance of seventy (70) feet, thence East along the South boundary thereof a distance of eighty (80) feet, more or less, to a place of beginning, County of Weld, State of Colorado. TOGETHER WITH: HUMMEL That part of the SW 1 of Section 27, Township 1 North, Range 63 West of the 6'h Principal Meridian South of Prospect Lateral, described as follows, to -wit: Beginning at the Southwest corner of said Section 27, thence North along the West line of said Section to the South right of way line of Prospect Lateral; thence in a generally Easterly direction along the South right of way line of said Prospect Lateral to the point of intersection with the North -South centerline; thence South along said centerline to the South quarter corner of said Section; thence West along the South line of said Section to the Southwest comer thereof, Weld County, Colorado. TOGETHER WITH: KEENE VALLEY Lot B of Recorded Exemption No. 1477 -10 -3 -RE- 3707, recorded July 28, 2004 at Reception No. 3203155, being a part of the Southwest Quarter (SW '/n) of Section 10, Township 1 North, Range 63 West of the 6th P.M., County of Weld, State of Colorado. EXCEPTING THEREFROM a tract of land conveyed by Deed recorded May 22, 1951 in Book 1303 at Page 333, being more particularly described as follows: A tract of land situated in the SW '/4 of Section 10, Township 1 North, Range 63 West of the 6'h P.M. described as follows: 5 I11111111111111111111111111 II I II 1111?II 111!11!11 Ill l 3619941 06/01/2009 1042,4 Weld County, CO 6 of 20 R 101.00 D 0.00 Steve Moreno Clerk & Recorder S Beginning at the Southeast corner of said quarter section, thence North along the East boundary a thereof a distance of 70 feet; thence West parallel lll South t feet; thence South parallel to the East boundary thereof a distance of 70feettdistance thence East along the South boundary thereof a distance of 80 feet, more or less, to the Place of Beginning. TOGETHER WITH; PARKER SECTION 10 A tract of land located in the North One -Half (N 'h) North, Range Sixty -Three (63) West of the 61h Principal more particularly described as follows: Considering the East line of the Northeast One -Quarter South 00 degrees 04 minutes 30 seconds East, and all thereto; of Section Ten (10), Township One (1) Meridian, Weld County, Colorado, being (NE 'A) of said Section Ten (10) to bear bearings contained herein being relative Beginning at the Center One -Quarter (C'/) of said Section Ten (10), thence along the West line of the Northeast One -Quarter (NE '/) of said Section Ten (10), North 00 degrees 07 minutes 18 seconds West, 1320.12 feet to the Center -North One -Sixteenth (C -N 1/16) corner of said Section Ten (10); Thence North 89 degrees 58 minutes 23 seconds West, 324.01 feet; Thence North 00 degrees 07 minutes 07 seconds West, 520.91 feet to the southerly boundary of Lot 13, Recorded Exemption 2254; Thence South 89 degrees 54 minutes 46 seconds East, 34183 feet to the southerly boundary of Lot A, Recorded Exemption 2254; Thence along the boundary of Lot A, Recorded Exemption 2254, North 79 degrees 07 minutes 57 seconds East, 361.97 feet; Thence North 12 degrees 26 minutes 46 seconds West, 289.50 feet; Thence North 01 degrees 12 minutes 02 seconds West, 450.08 feet to the North line of the Northeast One -Quarrel (N ''/)Lol-sard Section- en (40) and -along Colorado -State -Highway -52; Thence along said North line of the Northeast One -Quarter (NE %) of said Section Ten (10) and along said Colorado State Highway 52, North 89 degrees 45 minutes 39 seconds East, 1042,93 feet; Thence leaving said North line of the Northeast One -Quarter (NE '/a) of said Section Ten (10) and to the easterly boundary of the Town of Prospect Valley, South 00 degrees 04 minutes 41 seconds East, 208.75 feet; Thence North 89 degrees 45 minutes 39 seconds East, 697.00 feet and parallel with the North line of the Northeast One -Quarter (NE') of said Section Ten (10); Thence South 00 degrees 04 minutes 41 seconds East, 150.00 feet; Thence North 89 degrees 45 minutes 39 seconds East, 344.50 feet and parallel with the North line of the Northeast One -Quarter (NE'/) of said Section Ten (10); Thence South 00 degrees 04 minutes 41 seconds East, 240.00 feet; Thence North 89 degrees 45 minutes 39 seconds East, 149.97 feet and parallel with the North line of the Northeast One -Quarter (NE'/,) of said Section Ten (10) and to the westerly right-of- way for Colorado State Highway 79; 6 I liinuin11111 on in HIP 'vital S 3619941 06/01/2009 10 42A Weld County, CO 7 of 20 R 101.00 0 0.00 Steve Moreno Clerk & Recorder Thence along said right-of-way, South 00 degrees 04 minutes 30 seconds East, 2041.42 feet to the South line of the Northeast One -Quarter (NE is) of said Section Ten (10); Thence along said South line, South 89 degrees 45 minutes 28 seconds West, 2535.48 feet to the Point of Beginning; Also known as Tract C of Recorded Exemption No. 1477-10-1-RE2254, recorded September 3, 1998 at Reception No. 2637892, being a part of the North '/z of Section 10, Township 1 North, Range 63 West of the 61h Principal Meridian, Weld County, Colorado. TOGETHER WITH: PARKER SECTION 35 Lot B, recorded Exemption No. 1303 -35 -1 -RE] 634, recorded October 3, 1994 at Reception No. 2409232, being a part of the East One -Half of the Northeast One -Quarter of Section Thirty -Five, Township Two North, Range 63 West of the 6'h Principal Meridian, County of Weld, State of Colorado. Also being described as follows: A tract of land in the East One -Half of the Northeast One -Quarter (E1/2 NE 1/4) of Section Thirty - Five (35), Township Two (2) North, Range Sixty -Three (63) West of the 6'h Principal Meridian, Weld County, Colorado, being more particularly described as follows: Considering the North Line of the East One -Half of the Northeast One -Quarter (E1/2 NE'/) of said Section Thirty -Five (35) to bear North 89 degrees 58 minutes 47 seconds East, and all bearings contained herein being relative thereto: Beginning at the Northeast corner of said Section Thirty -Five (35), thence along the East line of the East One -Half of the Northeast One -Quarter (E 'h NE '/,) of said Section Thirty -Five (35), South 00 degrees 04 minutes 50 seconds West, 722.95 feet to a point; thence leaving the East -_One-Halt-of-the Northeast One -Quarter (E-' NE -1/4) -of said Section- -hirt zpive (35y, -North -89 degrees 18 minutes 20 seconds West, 30.00 feet; Thence North 89 Thence South 82 Thence South 71 Thence South 00 Thence South 85 Thence South 72 Thence South 87 Thence North 00 Thence North 89 Thence South 03 Thence South 87 Thence South 87 East One -Half of degrees 18 minutes 20 seconds degrees 17 minutes 11 seconds degrees 58 minutes 30 seconds degrees 04 minutes 50 seconds degrees 14 minutes 32 seconds degrees 51 minutes 34 seconds degrees 10 minutes 59 seconds degrees 34 minutes 30 seconds degrees 03 minutes 55 seconds degrees 12 minutes 16 seconds degrees 05 minutes 46 seconds degrees 05 minutes 46 seconds the Northeast One -Quarter (E ' West, 271.50 feet; West, 71.60 feet; West, 89.00 feet; West, 184.75 feet; East, 56.79 feet; East, 63.30 feet; East, 69.72 feet; East, 31.28 feet; East, 43.00 feet; West, 34,37 feet; East, 209.11 feet; East, 30.04 feet to a point on the East line of the NE'/) of said Section Thirty -Five (35); 7 „ 1111111111111111111 I I I I l u l l I I I I I 111111 I I I 111 3619941 05/01/2009 10:424 Weld County, CO 8 of 20 R 101.00 D 0.00 Steve Moreno Clerk & Recorder ♦ Thence along die East line of the East One -ball of the Northeast One -Quarter (E %s NE 1/4) of said Cerfinn Thirty -Five (151 South OO degrees `---- -- � =i�''-"""" 04 :allutes 50 seconds west, 1661.82 feet to die East One -Quarter (E' /a) of said Section Thirty -Five (35); Thence South 89 degrees 59 minutes 29 seconds West, 1323.85 feet to the Center -East -One - Sixteenth (C -E 1/16) corner of said Section Thirty -Five (35); Thence along the West line of the East One -Half of the Northeast One -Quarter (E 1 NE '/) of said Section Thirty -Five (35), North OO degrees 06 minutes 52 seconds East, 2643.50 feet to the East One -Sixteenth (E 1/16) corner of said Section Thirty -Five (35) and Twenty -Six (26), Township Two (2) North, Range Sixty -Three (63) West, 6'" Principal Meridian; Thence along the North line of the East One -Half of the Northeast One -Quarter (8 1/4 NE 1/4) of said Section Thirty -Five (35), North 89 degrees 58 minutes 47 seconds East, 1322.28 feet to the Point of Beginning. TOGETHER WITH: PARKER/SIRIOS PARCEL ONE LOT B OF RECORDED EXEMPTION NO. 1301-07-03 RE -3512 RECORDED April 29, 2OO3 AT RECEPTION NO. 33056941, BEING A PART OF THE SOUTH 1/2 OF THE SOUTH 1/2 OF SECTION 7, TOWNSHIP 2 NORTH, RANGE 62 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO PARCEL TWO LOT A OF RECORDED EXEMPTION SURVEY NO. 1301-8-3 RE -4340 RECORDED MAY 4, 2006 AT RECEPTION NO. 3384959 LOCATED IN THE SOUTHEAST 1/4 OF SECTION 7 AND THE SOUTHWEST 1/4 OF SECTION 8 TOWNSHIP 2 NORTH, RANGE 62 WEST OF THE 6TH P.M. COUNTY OF WELD, STATE OF COLORADO A HU L 1H1tEk, LOT B OF RECORDED EXEMPTION SURVEY NO. 13O1-8-3 RE -4340 RECORDED MAY 4, 2OO6 AT RECEPTION NO. 3384959 LOCATED IN THE SOUTHEAST 1/4 OF SECTION 7 AND THE SOUTHWEST 1/4 OF SECTION 8 TOWNSHIP 2 NORTH, RANGE 62 WEST OF THE 6TH P.M. COUNTY OF WELD, STATE OF COLORADO PARCEL FOUR A TRACT OF LAND LOCATED IN THE SE 1/4 OF SECTION 8, AND THE NE 1/4 OF SECTION 17, IN TOWNSHIP 2 NORTH, RANGE 62 WEST OF THE 6TH P.M., WELD COUNTY, COLORADO MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF THE SE 1/4 OF SAID SECTION 8, THENCE NORTH 1252 FEET ALONG THE WEST LINE OF SAID SE1/4, THENCE NORTH 87 DEGREES 23' EAST 1435 FEET, THENCE SOUTH 2 DEGREES 32' EAST 1322 FEET TO 8 ►11111 IIIII 111111 11111 ►NI I►►1► 4!! II►II ►1►► Ill 3819941 05/0112009 10:42n Weld County, CO 9 or 20 13 101.00 D 0.00 Steve Moreno Clerk & Recorder • A POINT ON THE SOUTH LINE OF SAID SE1/4 OF SAID SECTION 8, THENCE CIINTINU-i!Nr, SOUTH 2 DEGREES 32' E AST1321 FEET, TI1LNCE SOUil 89 DEGREES 55' WEST 1550 TO A POINT ON THE WEST LINE OF THE NE 1/4 OF SECTION 17, THENCE NORTH 1325 FEET TO THE NORTHWEST CORNER OF THE NE 1/4 OF SAID SECTION 17, BEING THE PLACE OF BEGINNING, COUNTY OF WELD, STATE OF COLORADO. TOGETHER WITH: POSTLE Lot C of Recorded Exemption No. 1477 -10 -4 -RE -3404, recorded October 30, 2002 as Reception No. 3000569, being a part of the SE ''A of Section 10, Township 1 North, Range 63 West of the 61° P.M., County of Weld, State of Colorado; Excepting therefrom a tract of land conveyed to Layne -Western Company by Deed recorded June 20, 1934 in Book 961 at Page 476. Also except a tract of land conveyed to Henry J. Vogel, Jacob Vogel and Carl Vogel by Deed recorded January 8, 1953 in Book 1347 at Page 339. Also except a tract of land conveyed to Federal Land Bank of Wichita by Deed recorded December 19, 1986 in Book 1139 as Reception No. 2081512. Also except a tract of land conveyed to the State Department of Highways, State of Colorado, by Deeds recorded June 1, 1990 as Reception Nos. 2215583 and 2215584. TOGETHER WITH: WHITFIELD SECTION 3 Lot B, Recorded Exemption No. 1477-03-4-RE3095, recorded August 31, 2001 as Reception No. 2879715, being a part of the West Half of the Southeast Quarter (SE 1/4) of Section 3, Township 1 North, Range 63 West of the 6th P.M., County of Weld, State of Colorado; together -with - - Lot B, Amended Recorded Exemption No. 1477-03-4-RE3096, recorded December 6, 2007 as Reception No. 3522039, being a part of the East Half of the Southeast One -Quarter (SE 1/4) of Section 3, Township 1 North, Range 63 West of the 6th P.M., County of Weld, State of Colorado. TOGETHER WITH: WHITFIELD SECTION 15 Lot B of Recorded Exemption No. 1477-15-3-RE3528, recorded June 3, 2003 at Reception No. 3068528, being a part of the Southwest Quarter (SE 1/4) of Section 15, Township I North, Range 63 West of the 6th P.M., County of Weld, State of Colorado. 9 11111111111!111111IllllilllIllliIIIIPIIllllll IIIiii 3619941 05/01/2009 10:42A Weld County, Co 1D of 20 R 101 00 t) 0.00 Steve Moreno Clerk & Recorder OGL inch vvii n; JILL ZIMBELMAN Lot C of Recorded Exemption No. 1477 -11 -1 -RE -2885, recorded January 18, 2002 at Reception No. 2918246, being a part of the NE'/ of Section 11, Township 1 North, Range 63 West of the 61h P.M., County of Weld, State of Colorado, TOGETHER WITH a part of the SE'/ of Section 10, Township 1 North, Range 63 West of the 6`h P.M., County of Weld, State of Colorado, described as follows: A tract of land 100 feet long and 30 feet wide described as follows: Beginning at a point 624 feet East of the Northwest corner of the SE'/ of Section 10, Township 1 North, Range 63 West; Thence South 30 feet; Thence East 100 feet; Thence North 30 feet; Thence West 100 feet along the North line of the SE '/ of said Section 10 to the Point of Beginning, County of Weld. State of Colorado. 10 111111111111 1141 1141111111111111111.111111 u)1111 3619941 05/01/2009 10.424 Weld County, Co 11 of 20 R 101.00 0 0 00 Steve Moreno Clerk d Recorder Exhibit B to General Warranty Deed (Exceptions) • 1. Taxes and assessments for the year 2008 a lien that is due or payable (this exception affects every parcel listed in Exhibit A hereto). 2. Taxes and assessments for the year 2009 and subsequent years, a lien nor yet due or payable (this exception affects every parcel listed in Exhibit A hereto). The following exception affects only the parcels known as Blake, Earl Baumgartner, Larry Lee Baumgartner, Rodney (Pinto) Baumgartner, Chumley, Cook, Havengar-Wet! Site, Hummel, Parker/Sirios and Jill Zimbelman: 3. Rights 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. The following affects the parcel noted at the end of each underground facility exception: 4. Notices pursuant to CRS 9-1.5-103 concerning underground facilities have been filed with the Weld County Clerk and Recorder as disclosed by the following instruments: (a) Mountain Bell Telephone Company, recorded October 1, 1981 in Book 949 at Reception No. 1870705 (affects to Blake, Larry Lee Baumgartner, Rodney (Pinto) Baumgartner, Chumley, Cook, Havengar-Well Site, Hummel, Keene Valley, Parker/Sirios and Jill Zimbelman). (b) Colorado Interstate Gas Company, recorded August 31, 1984 in Book 1041 at Reception No. 1979784 (affects Blake, Larry Lee Baumgartner, Rodney (Pinto) Baumgartner, Chumley, Cook, Havengar-Well Site, Hummel, Keene Valley, Parker/Sirios and Jill Zimbelman). (c) —Associated-Natural asInc., recorded April -40, 1989 -in Book-1229-aYReception No. 2175917 (affects Blake, Chumley, Keene Valley, Parker/Siros and Jill Zimbelman). (d) Public Service Company of Colorado, recorded November 9, 1981 in Book 952 at Reception No. 1874084 (affects Blake, Larry Lee Baumgartner, Chumley, Cook, Havengar-Well Site, Hummel, and Keene Valley). (e) Western Slope Gas Company, recorded March 9, 1983 in Book 990 at Reception No. 1919757(affects Blake, larry, Lee Baumgartner, Rodney (Pinto) Baumgartner, Chumley, Cook, Havengar-Well Site, Hummel, Keene Valley, Parker/Sirios and Jill Zimbelman). (0 Western Gas Supply Company, recorded April 2, 1985 in Book 1063 at Reception No. 2004300(affects Larry Lee Baumgartner, Rodney (Pinto) Baumgartner, Chumley, Cook, Havengar-Well Site, Hummel, Parker/Sirios and Jill Zimbleman). (g) United Power, Inc., formerly Union Rural Electric Association, Inc., recorded January 24, 1991 in Book 1288 at Reception No. 02239296 (affects Blake, 11 I limp 10 111111 aII III 111111 III itI 3619941 u5/01/2009 10:42A Weld County, Cu 12 at 20 R 101.00 D 0.00 Steve Moreno Clerk & Recorder Ctiumtey, Keene Valley and Jill Zimbelman). These N ^S ar rope d.,d do not ilcceaSdriiy give notice of underground facil ities within the subject property. The following exceptions affect only the parcel known as Blake: 5. The right of the proprietor of a vein or lode to extract or remove his ore, should the same be found to penetrate or intersect the premises thereby granted and rights -of -way for ditches and canals as reserved in United States Patent recorded July 24, 1919 in Book 460 at Page 90, and any and all assignments thereof or interests therein. 6. Terms, conditions, provisions, agreements and obligations specified under the Memorandum of Gas gathering and Processing Contract, which was recorded September 29, 1995 at Reception No. 2457614. The following exceptions affect only the parcel known as Earl Baumgartner: 7. An Easement for Right of Way and incidental proposes granted to Chicago Burlington and Quincy Railroad Company by the instrument recorded July 9, 1925 in Book 779 at Page 233. 8. An undivided 100% interest in all oil, gas and associated liquid hydrocarbons conveyed to Union Pacific Resources Company by Mineral Deed, recorded October 15, 1991 in Book 1314 at Reception No. 2266095 and any and all assignments thereof or interests therein. The following exceptions affect only the parcel known as Larry Lee Baumgartner: 9. Reservation of right of way for any ditches or canals constructed by authority of the United States, in U.S. Patent recorded June 8, 1917 in Book 460 at Page 24. tu- Hight -et -way -tor public-highway-over-and-neross-thc South 10 feet of the -North -40 -feet -- of subject property as conveyed to Weld County, Colorado by Deed recorded March 24, 1931 in Book 910 at Page 623. 11. Undivided 2/3 interest in all oil, gas and mineral in and under subject property as conveyed to Earl Alex Baumgartner and Larry Lee Baumgartner by Bargain and Sale Deed recorded March 18, 1977 in Book 792 at Reception No. 1714011. 12. Terms, conditions, provisions, agreements and obligations specified under the Easement, which was recorded May 29, 1996 under Reception No. 2493403. The following exceptions affect only the parcel known as Rodney (Pinto) Baumgartner: 13. Reservation of right of way for any ditches or canals constructed by authority of the United States, in U.S. Patent recorded June 8, 1917 in Book 460 at Page 24. 12 110111111111111111111111 111111111 III 111111 III IIII 3819941 05/01/2009 10.42A Weld County, CO 13 of 20 R 101 00 D 0.00 Steve Moreno Clerk d Recorder 14. terms, conditions, provisions, agreements and obligations specified under the ent , . %uoe ....n whivii had :G..U,.ii.G October 24, 1996 w Book i.573 di Cage 339 or Reception No. 2517182. • 15. An oil and gas lease, executed by Ruben Baumgartner, a/k/a Reuben Baumgartner and Marian Baumgartner as lessor(s) and by Energy Mineral Corporation as lessee(s), for a primary term of years, dated July 10, 1991, recorded August 5, 1991 in Book 1306 at Reception No. 2258414, and any and all assignments thereof or interests therein. The following exceptions affect only the parcel known as Chumley: 16. Reservation of right of way for any ditches or canals constructed by authority of the United Stales, in U.S. Patent recorded March 12, 1924 in Book 677 at Page 86. 17. An undivided 1/2 interest in all oil, gas and other mineral rights as reserved by the Federal Land Bank of Wichita in a deed recorded May 14, 1941 in Book 1078 at Page 580 and any interest therein or rights thereunder 18. Terms, conditions, provisions, agreements and obligations specified under the Permanent Pipeline Right -of -Way Grants, recorded September 8, 1983 in Book 1007 at Reception No. 0193975. Assignment of Interests in Permanent Pipeline Rights-Of-Way/Easements recorded June 11, 1984 in Book 1033 at Reception No. 1970082. 19. Notes, Notices and Easements as shown on the recorded Exemption No. 1477-22-4- RE1697 recorded March 14, 1995 Book 1483 at Reception No. 2429854. The following exceptions affect only the parcel known as Cook: 20. Reservations made by the Union Pacific Railway Company, in deed recorded November 29, 1907 in Book 233 at Page 128, providing substantially as follows: reserving unto the company an its -assigns- eoa -t at may ound underneath the-surfaee o€the land -herein described and the exclusive right to prospect and mine for same, also such right-of-way and other grounds as may appear necessary for proper working of any coal mines that may be developed upon said premises, and for transportation of coal from same; and any and all assignments thereof or interest therein. Release and Quit Claim Deed Recorded December 17, 1998 at Reception No. 2661201. Request for Notification of Surface Development recorded May 28, 2002 at Reception No. 2954634 21. Right of Way whether in fee or easement only, for railroad proposes, as granted to the Chicago Burlington & Quincy Railroad Company by instrument recorded July 9, 1925 in Book 779 at Page 233 22. Terms, conditions, provisions, agreements and obligations specified under the Easement, which was recorded June 9, 1995 under Reception No. 2441974. 13 HUM Hill illtll VIII IIII 'Rill III IIII] III III3619941 05/01/2009 10.42A Weld County, CO 14 of 20 A 101 00 D 0.00 Steve Moreno Clerk & Recorder • 23. Terms, conditions, provisions, agreements and obligations specified under the Recorded Pxem lion No. 1177 09 m RE 3501 which -iv_- -ded March 26, 20O3 Under Reception No. 3045533 including but not limited to Right of Way for of the Prospect Lateral No. 3, Building Envelope, Agricultural Irrigation Easement and Existing Agricultural Access (2). The following exceptions affect only the parcel known as Havengar Well Site: 24. Reservation of right of way for any ditches and/or canals constructed by authority of the United States, in U.S. Patent recorded June 6, 1916 in Book 385 at Page 175. The following exceptions affect only the parcel known as Hummel: 25. Reservation by the Union Pacific Railroad Company of all oil, coal and other minerals underlying the land, the exclusive right to prospect for, mine and remove oil, coal and other minerals, and the right of ingress and egress and regress to prospect for, mine and remove oil, coal and other minerals, as contained in deed recorded October 5, 1904 in Book 217 at Page 218, and any and all assignments thereof or interests therein. Note: Mineral Deed by and between Union Pacific Land Resources Corporation and Champlin Petroleum Company was recorded January 25, 1978 at Reception No. 1742593. Note: Release and Quit Claim Deed by and between Union Pacific Railroad Company and Union Pacific Land Resources Corporation was recoided December 17, 1998 at Reception No. 2661201. Note: Request for Notification of Surface Development recorded May 28, 2002 at Reception No. 2954627. 26. Any and all right of way for the Prospect Lateral, as the same now exists on said land, which is not defined by a recorded instrument. 27. Terms, conditions, provisions, agreements and obligations specified under the Oil and Gas Lease from Champlin Petroleum Company to Amoco Production Company, which was reevtd d Jauuaiyl5, 197$iuBuuk 821 ar Recetrrlrrn_L�1747nsd 28. The effect, if any, imposed upon said land by reason of its inclusion into the letter notifying land owners of the intent to create a toll road expressway for the Prairie Falcon Parkway Express, as set forth in instrument recorded January 5, 2007 at Reception No. 3445894. The following exceptions affect only the parcel known as Keene Valley: 29. Reservation of right of way for ditches and/or canals constructed by authority of the United States, in U.S. Patent recorded June 6, 1916 in Book 385 at Page 175. 30. Reservation of one-half (1/2) interest in all minerals and/or mineral rights as reserved by Lee H. Alden aka Lee H. Alden, Sr, in the Deed recorded January 9, 1963 in Book 1635 at Page 66, and any and all rights thereunder. 31. Reservation of one-half (1/2) interest in all minerals and/or mineral rights as reserved by 14 10111 1111 IIIII IIIII ill_ lilll 1I III 111111 III III► 3519941 05/01/2009 10:42A Weld County, CO 15 0l 20 R 101.00 D 0.00 Steve Moreno Clerk & Recorder s Floyd 1. Mason, Jr. and Shirley D. Mason in the Deed recorded February 1, 1963 in Rnok 1632 at Parr 757 ..d ..d _ll rights , -o- -.+:-, .--� - any :. thereunder. 32. An undivided one -eighth (1/8) interest in and to all oil, gas and other minerals as granted by Robert M. Shuffler unto Anita Field in the Mineral Deed recorded June 22, 1978 at Reception No. 1757499. 33. An undivided one -eighth (1/8) interest in and to all oil, gas and other minerals as granted by Robert M. Shuffler unto John N. DiNardo in the Mineral Deed recorded October 29, 1979 at Reception No. 1807571. 34. Reservation of one -eighth (1/8) interest in all minerals and/or mineral rights as reserved by Dale A. Johnson and Janis L. Johnson in the Deed recorded August 2, 1983 under Reception No. 1935408, and any and all rights thereunder. 35. Easements, notes, terms, conditions, provisions, agreements and obligations as shown on the Recorded Exemption No. 1477-10-3-RE1032 recorded September 9, 1987 at Reception No. 2113705. 36. Easements, notes, terms, conditions, provisions, agreements and obligations as shown on the Amended Recorded Exemption No. 1477-10-3-RE1032 recorded October 19, 1995 at Reception No. 2460177. 37. Easements, notes, terms, conditions, provisions, agreements and obligations as shown on the Amended Recorded Exemption No. 1477-10-3-RE1770 recorded October 19, 1995 at Reception No. 2460179. NOTE: Affidavit of Correction recorded January 19, 2001 at Reception No. 2R2(1320, 38. Easements, notes, terms, conditions, provisions, agreements and obligations as shown on the Recorded Exemption No. 1477 -10 -3 -RE -3707 recorded July 28, 2004 at Reception No. 3203155. The following exceptions affect only the parcel known as Parker Section 10: 39. Reservation of right-of-way for any ditches or canals constructed by authority of the United States, as contained in U.S. Patent recorded June 8, 1917 in Book 460 at Page 24. 40. Reservation of right-of-way for any ditches or canals constructed by authority of the United States, as contained in U.S. Patent recorded May 26, 1920 in Book 595 at Page 70. 41, Terms, conditions, provisions, agreements, easements and obligations specified under the Notice Concerning Underground Facilities of United Power, Inc., which was recorded January 24, 1991 at Reception No. 2239296. 42. Terms, agreements, provisions, conditions and obligations of an Oil and Gas lease, executed by Herman Wagner; Anna Wagner; David E. Wagner and Earlene T. Wagner, as lessor(s), and Energy Minerals Corporation, as lessee(s), recorded August 5, 1991 at 15 I 11111111111111111 Ivii 111111111 Ilil�ll 111111 III II 3619941 05/01/2009 iu 42M Weld County, CO 16 of 20 R 101 00 D 0 00 Steve Moreno Clerk & Recorder • Rec ep'ton No. 2258424, and any and all assignments thereof or interests therein. 43. Reservation of one-half of all oil, gas and other hydrocarbons that presently exist in, on, under, upon and that may be produced from the subject property, together with the rights of ingress and egress necessary to explore for, mine and remove such oil, gas and other hydrocarbons, as contained in Warranty Deed recorded July 9, 1993 at Reception No. 2340419, and any and all assignments thereof or interests therein. 44. An easement for telecommunications facilities and incidental purposes granted to U S West Communications; Inc. by the instrument recorded June 11, 1996 at Reception No. 2495816, together with the terms, conditions, stipulations, provisions and obligations as contained therein. 45. All items as set forth and shown on Recorded Exemption No. 1477-10-1-RE2254, recorded September 3, 1998 at Reception No. 2637892. 46. Reservation of a strip of land along the Northern property line for the right-of-way of State Highway 52 as shown on ALTA/ACSM Survey recorded October 29, 2003 at Reception No. 3121352 The following exceptions affect only the parcel known as Parker Section 35: 47. Rights -of -Way for Weld County Roads No. 71 and 16 as established in instrument recorded October 14, 1889 in Book 86 at Page 273. 48. Reservation by the Union Pacific Railroad Company of all oil, coal and other minerals underlying the land, the exclusive right to prospect for, mine and remove oil, coal and other minerals, and the right of ingress and egress and regress to prospect for, mine and remove oil, coal and other minerals, as contained in Deed, and any and all assignments thereof or interests therein. Mneral rights -as-drsclosed-on-the-toilowrng-Deeds - a. Mineral Deed by and between William A. Sargent and Willetta L. Sargent, grantors, and Irvin J. Sargent and Della M. Sargent, grantees, recorded October 4, 1956 in Book 1461 at Page 236 and as corrected March 6, 1962 in Book 1608 at Page 219. b. Mineral Deed by and between William A. Sargent and Willetta L Sargent, grantors, and Roy D. Sargent and Marjorie R. Sargent, grantees, recorded October 4, 1956 in Book 1461at Page 237 and as corrected March 6, 1962 in Book 1608 at Page 218. c. Deed by and between Roy D. Sargent and Marjorie R. Sargent, grantors, and William A. Sargent, Sr., recorded June 27, 1974 at Reception No. 1639587. d. Deed by and between Della M. Sargent, grantor, and William A. Sargent, Sr., g rantee, recorded June 27, 1974 at Reception No. 1639588. 16 !1111117 I1f11111111111I111111111lll�fl1111111!IIIIfII 3619941 06/01/2000 10:42A Weld County, CO 17 of 20 R 101.00 D 0.00 Steve Moreno Clerk 8 Recorder Personal Repr :...:..:6.., by betweenDeedand Sherry J. Stickle as Personal Representative of the Estate of William A. Sargent, also known as William A. Sargent, Sr., deceased, grantor, and John B. Parker and Edwin C. Parker, Jr. recorded March 9, 1994 at Reception No. 2377492, f. Warranty Deed by and between John B. Parker and Edwin C. Parker, Jr., and The J & E Parker Farms Limited Partnership, recorded February 18, 1997 at Reception No. 2533733. g Quit Claim Deed by and between L. Alice Collister and Willim 13. Collister grantors and ACEE BCEE, a Wyoming corporation recorded November 22, 2006 at Reception No. 3437039. 50. An Oil and Gas Lease, executed by The Estate of William A. Sargent as lessor(s) and by Panhandle Production Co. as lessee(s), for a primary term of one year, dated May 13, 1983, recorded May 19, 1983 at Reception No. 1927497, and any and all assignments thereof or interests therein. 51. Terms, conditions, provisions, agreements, easements and obligations specified under the letter, which was recorded February 12, 1987 at Reception No. 2088348. 52. Terms, conditions, provisions, agreements, easements and obligations specified under the Notice Concerning Underground Facilities of United Power, Inc., which was recorded January 24, 1991 at Reception No. 2239296. 53. All items as set forth on Recorded Exemption No, 1303-35-t-FF1634., recorded October 3, 1994 at Reception No. 2409232, and as set forth and shown on ALTA/ACSM Land Title Rural Survey, recorded October 29, 2003 at Reception No. 3121351. The following exceptions affect only the parcel known as Parker/Sirios: 54. The right of the proprietor of a vein or lode to extract or remove his ore, should the same be found to penetrate or intersect the premises thereby granted and rights -of -way for ditches and canals as reserved in United Stated Patent recorded July 15, 1895 in Book 57 at Page 371 and 374, July 15, 1895 in Book 51 at Page 288 and 289 and any and all assignments thereof or interests therein. 55. The right of the proprietor of a vein or lode to extract or remove his ore, should the same be found to penetrate or intersect the premises thereby granted and rights -of -way for ditches and canals as reserved in United States Patent recorded July 12, 1895 in Book 34 at Page 389 (affects the SW %a of Section 7), and any and all assignments thereof or interests therein. 56. Right of Way for ditches and canals constructed by the authority of the United States as reserved in United States Patent recorded March 21, 1901 in Book 131 at Page 74. 17 i 111Iii 111110/11 IIIIU Ilia Iliil iiliiii iii 111111 III N11 3619941 05/01/2009 10:424 Weld County, CO 18 of 20 R 10t n0 0 �.�u Steve Moreno Clerk 8 Recorder 57. ^n undivided ! 2 interest i .d to all oil, gas or other minerals as reserved by Melvin A. Gibson and Grace D. Gibson in the Deed recorded November 9, 1956 in Book 1463 at Page 354, and any interests therein or rights thereunder. 58. Oil and Gas Lease between Vernon H. Preston and Rosie Jean Preston and Leon Zimbelman dated September 28, 1970, recorded January 12, 1971 in Book 638 at Reception No. 1560245, and any interests therein or rights thereunder. Note: Extension of the above Lease as claimed by Affidavit of Production by Beaver Mesa Exploration Company, recorded November 17, 1975 in Book 753 at Reception No. 1674738. 59. Royalty Deed from Vernon H. Preston to Richard H. Preston, Barbara J. Preston, James K. Preston and Virginia A. Preston recorded August 6, 1974 in Book 720 at Reception No. 1641981. 60. Terms, conditions, provisions, agreements and obligations specified under the Easement and right of way for pipe lines, and appurtenances and accompanying telephone and telegraph lines and appurtenances granted to Phillips Petroleum Company by Vernon H. Preston and Rosie J. Preston, which was recorded January 27, 1975 in Book 731 at Reception No. 1652786. 61. Terms, conditions, provisions, agreements and obligations specified under the Easement and right of way for pipe line and from time to time additional pipe line or lines, drips, pipe line markers, valves launchers receivers, cathodic equipment test leads, and all appurtenances convenient for the maintenance and operation of said pipe lines granted to Panhandle Easement Pipe Line Company, which was recorded May 5, 1975 in Book 738 at Reception No. 1659636. 62. An undivided '/4 interest in and to all oil, gas or other minerals as conveyed to Vernon ti_ -Freston -by M4nerat-Deed recorded -June -6; -1975 -in -Book -740 -at -Reception -No. 1662151 and 166252 and re-recorded June 23, 1975 in Book 741 at Reception No. 1663429 and 1663430, and any interests therein or rights thereunder. 63. Terms, conditions, provisions, agreements and obligations specified under the Easement and right of way for a pipe line as granted to Charter Gas Resources, Inc., which was recorded January 2, 1976 in Book 756 at Reception No. 1678253. The following exceptions affect only the parcel known as Whitfield Section 3: 64. Rights -of -Way for Weld County Road No. 69 as established in instrument recorded October 14, 1889 in Book 86 at Page 273. 65. Reservation by the Union Pacific Railroad Company of all oil, coal and other minerals underlying the land, the exclusive right to prospect for, mine and remove oil, coal and other minerals, and the right of ingress and egress and regress to prospect for, mine and 18 HUMERI II!!! fl!Ifl Ilfll 111! 1!1!! !I!EIII !!II!! !!! I!!! 3619941 05/01/2009 10 42A Weld County, CO 19 of 20 R 101 00 0 0 00 Steve Moreno Clerk & Recorder • remove oil, coal and other minerals, as contained in Deed, and any and all assignments thereof or interests therein. 66. Reservation by Harold Huwa of one-half (1/2) of all oil, gas and other minerals as contained in Deed recorded January 6, 1981 at Reception No. 1846122. 67. Terms, conditions, provisions, agreements, easements and obligations specified under the Notice Concerning Underground Facilities of United Power, Inc., which was recorded January 24, 1991 at Reception No. 2239296. 68. Terms, conditions, provisions, agreements, easements and obligations specified under the Right of Way and Easement Agreement, which was recorded August 5, 1993 at Reception No. 2345022. 69. Terms, conditions, provisions, agreements, easements and obligations specified under the Right of Way and Easement Agreement, which was recorded August 27, 1993 at Reception No. 2348052. 70 Reservation by Herman Huwa and Anna Huwa of one-half (1/2) of all hydro -carbons, oil, gas, aggregates and other minerals as contained in Warranty Deed recorded September 24, 1999 at Reception No. 2722727. 71. Reservation by Herman Huwa and Anna Huwa of one-half (1/2) of all hydro -carbons, oil, gas, aggregates and other minerals contained in Warranty Deed recorded September 24, 1999 at Reception No. 2722730. 72. Reservation of a strip of land 70 feet in width along the Southerly property line of the subject property for the right-of-way of State Highway No. 52, as shown on Recorded Exemption No. 1477-03-4-RE3095 recorded August 31, 2001 at Reception No. 2879715. 71 All itp ea -E* ption1477-03 4 RE0095 recorded August 31, 2001 at Reception No. 287915 and on Recorded Exemption 1477- 03-4-RE3096, recorded August 31, 2001 at Reception No. 2879716. NOTE: Amended Recorded Exemption No. 1477-03-4 AMRE-3096 recorded December 6, 2007 at Reception No. 3522069. The following exceptions affect only the parcel known as Whitfield Section 15: 74. Rights -of -Way for Weld County Roads 8 and 67 as established in instrument recorded October 14, 1889 in Book 86 at Page 273. 75. Reservation by the Union Pacific Railroad Company of all oil, coal and other minerals underlying the land, the exclusive right to prospect for, mine and remove oil, coal and other minerals, and the right of ingress and egress and regress to prospect for, mine and remove oil, coal and other minerals, as contained in Deed, and any and all assignments thereof or interests therein. 19 CERTIFICA I t OF CONVEYANCES STATE OF COI_nRAfC) COUNTY OF WELD WELD COUNTY DEPARTMENT OF PLANNING SENViCES The FIDELITY NATIONAL TITLE INSURANCE 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. LFGAL DESCRIPTION: See Attached Exhibit "A" CONVEYANCES (if none appear, so state): Reception No. 968698, Reception No. 1714211, Reception No. 2375115, Reception No. 2446499, Reception No. 3351791 N. Reception No. 3354382, The certificate is made for the use and benefit of the Department of Planning Services of Weld County, Colorado. This certificate is not to be constructed as an Abstract of Title nor an opinion of Title, nor a guarantee of Title nor a Title Policy and the liability of FIDELITY NATIONAL TITLE COMPANY, is hereby limited to the fee paid for this Certificate. In Witness whereof, FIDELITY NATIONAL TITLE COMPANY, has caused this certificate to be signed by its proper officer this 17th day of June, 2009, at 4:30pm. compay By: MATTHEW HELM Authorized Signature s • PXI-IIRIT A LGIJ %1L IJCJI. f[II' I IIJIV PARCEL ONE ALL THAT PART OF THE EAST ONE HALF OF THE NORTHWEST QUARTER OF SECTION 10, TOWNSHIP 1 NORTH, RANGE 63 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO. EXCEPTING THEREFROM LOTS A, B AND C OF RECORDED EXEMPTION NO. 1477 -10 -1 -RE 2254, ACCORDING TO THE MAP RECORDED SEPTEMBER 3, 1998 AT RECEPTION NO. 2637892, BEING A PART OF THE NORTH 1/2 OF SECTION 10, TOWNSHIP 2 NORTH, RANGE 6. WEST OF THE 6TH PRINCIPAL MERIDIAN, ALSO EXCEPTING THEREFROM THAT PARCEL OF LAND CONVEYED TO THE PROSPECT COMMUNITY CHURCH RECORDED DECEMBER 8, 1943 IN BOOK 1122 AT PAGE 278 WELD COUNTY RECORDS. ALSO EXCEPTING THEREFROM THOSE PARCELS OF LAND CONVEYED TO SCHOOL DISTRICT NO. 96, WELD COUNTY BY DEEDS RECORDED DECEMBER 1, 1925 IN BOOK 787 AT PAGE 107, FEBRUARY 10, 1939 IN BOOK 1038 AT PAGE 10, AND MAY 28, 1952 IN BOOK 1331 AT PAGE 494 WELD COUNTY RECORDS; ALSO EXCEPTING THEREFROM THAT PARCEL OF LAND BOUNDED TO THE NORTH BY DEED RECORDED IN BOOK 1038 AT PAGE 10, TO THE EAST BY DEED RECORDED IN BOOK 787 AT PAGE 107, TO THE SOUTH BY DEED RECORDED IN BOOK 1331 AT PAGE 494 AND TO THE WEST BY DEED RECORDED AT RECEPTION NO. 1756411 WELD COUNTY RECORDS ii.notta (U'flfren hpQfhene"4Drrffentn, Ent a Stft (fknta, o rt,1 n1. rust, in ft 4I paid be U I tn(t con ve)t W .I Cot 'relL3 plt, tlr righttf(\, (O alll�li Itgi e.Y ,seal aoO tI [nllurving nN lrofor43 situate ti) the Count,. of Wilt ali Stnh ef I,Ic redo le Alt' f 'l strip of aritnel fortwi de, it Leoly h`ten "sot ,t Llt Nnti-tI "_r t, fe6t of e''f lu,tt (36-1 r4do: n.sC Half ut.ot Ila tt N,:rt::@:uarter dds tf;tetet y,u_y'Ce Ineh7+(141.fAo)'vf neen (-1U) ) xnr,Taip Orrr Itl?}t[ :tit xty-tin ee (G )t. L, r L(' e et. (°tf�)ri;,ti t.'.. tl Nm tlre5. � tldtt<r >eU t or,> ei ( ftit e,e tY. turtnr?re-(6.io'et. t•_..1 `. t. e ..lt. F (:a' eXc 11 t.,.art(4 toe_ll,,oT-Lh i6t (ue,?t L I tt, erne. igrti ,el1't114(31 ot tie>tT'i toe W.t. r_ it _Cstf1eL_4e ,rabt Z.0' (.9 rt tlttircE, •w, di .° It. l 5`t iengp I,tttt 1.0(4 .:t (.„ to curt e.tt t ,.' ii I 0t ..p-t"t--CL.N. Nort..er.-,t tut...'LLI' i;uit(ea k.t�_ttt,r c4t100 To..f1, bcoxnntfL, Ar: IL .,uirt 19.{t3.ft t Ipp THE. Y (+)- salt( ?!jeer.; (ln ;l :to " , :.11H " Lt jA LI Gp la(dOns�Aer9lron'hir6m1tated Jyih Su cl0.mpen;ahoy Foj all nlnq nd iRa rdee0 n an>awerd or 3U, eid`atno of land for nubile roadl t •�) ._ IInk MN. as - - 11% - *ow . . leak. . . aped w .w�e1'e4 ,MwN N.. SSW ad fartr.nfr . Wise - - - - - 4atol (Amen W `stela L .t' Lw citytad 6wl . . pant . . . It 1661 .1 red Het end- • . A1.IAode r Metaserta r tad i41e haaprYaa : • j N :r cif N - Oils w isa elnOnrw.lt al y ` n od net •r11SStnTM1 it- ,.Y peruse N IS Si SS is MI r needaalre N aalp M Ten Dollar. sod other Coal and Valuable Ooa.Iderstto.. - - - . ant to ,M sees pons.• woe eM Paw 1. W hid W A• Si prtb N t said .era IS Malt oaf a %nay ,..eW w wsee.aa.4 Nye resat 1a.aMe4 ,ea w ewer* .d w 'Saw PS* I. •n•r. MrreM..a ,wry ..1 onions r M. ee5 pone. M ;:e woad port r pee sea Most a ..�� . N I. Imes I.0M. rM .ids N Ya the wen one Nu INw sd tarp .1 es 5 «.steer S..nr, Mae Y lowly d.wrS.d M r pored N Ire inert tree *ea Malt is a novella - - told - - - and MI. N CJIfW...-.11r Pnrt or try. mist _,1t ($) or the north hit trawter W) of butt*, Na (Doc 10) 'kinship Las forth (T 111.) Maas Slaty three art ra. Sl I.), Len IC core. on the sail side of forth Halt tea a Strip of p'ou.d or Haut .ssa tenths of sub nen nlolatnt the Proopeat Talley lehool house as the loci Olds nlno shout n sons of 7ehool haw nit. b.loae to Mrhool Diet. No. q. nennnt .19 of In •.'rev d..oribed In inntrlrent rraorded in Door Wt •1 Pais 106 ^n9 .ro.nt n 'w,ra.l of lone Annar tied ess Ooaaatae st a poles 1W$ fent Knit of tiro 1ti corner of 'eat Ion 10, 'r..nnhtr 1 North, Innn 6S that I0L.9 f it 0:•utht thsnee 1011,7 feet Let{ thane. 100.7 North, theta. 100.7 foot Inrl to t`n notnt of In incises• set -' OM ' o ."«117 •"•I1 unrylvn lrrl.-.tton L'I.trlot Perilfloat. 'o. 347 sar 1 l '.loo ,.r' o. nil aCr .niter, m tar rIr'hti or wtur o.rryto." rlcl]t• a' 'toum• to nor! nr.ndaco Aryl ,art loularly all 11a rime, title and interest /Liao ;nrtwlur I•. :fret art .nn to Stint acu,uant ooseernln. u. Nr fra, a slot or 7P. tot Mlleb 11,70111 ant le r000r-W In bug 1091 pegs 106, 1•ld bounty rho ..•. Oa TOt)$SS .e1 on d alder W ` .- •'_-_.. W assessors 5 ., Mur e n le•, an IAN •. .p.rnlrer, mod pM rn.r4. W reveals, reselahi as r.eeieds., Pawn has ad pads Oer.Nt eel .11 its hiss. dohs. toe, MM...,.Me ad diesel ..Yaws el W sat Part tee all* ant poet NMM e er or nNl,, ml, le sod se she it... srplaod moment MS S. I.rallnwa as •••Oases. TO NAYS AND TO MOLD S. rW Was** .5.. SOW aN *what .sa IY earns-.. saes ae saki pane. d IM woad part Me *ei e al We. We eilonacils be. ad ea.Ieee el mil trim Isis ,.. to 0....14 Pawl IA N IM Ins port N thefNtn• ape, welsh W .W -, sense, row, Sties W epee ie W .W he IS pot N W any Pert r..•.eer of ara Y . ho od tin him. mod 4r N nth wete. aN et W St N IS aredee eV tears •ass Opp. .r. ..a raW el is pair stew ea.n•.4 le N geed, ..et pout MSS ski Madiedte slat eel I.,,..b.•n. a Ws. S N INW, W be ye pad SPA pow aM WS Nadi a salt 5 ..n are ,.•.n. DM sow to err W M Wad aW ape Ow w as Sir W it tee sY Is al Mtn glints, Mrs'., ra., Wr, auK .aaINaa •Id Waoina e N Selma *4 r aMaa hasp .N ski .kin a.r.MN premises I. S. iSi ad se..ala Io.ae.4e N 0e old sake ea Y oral pea Y rN.w d has, IMP .sir .IN he as W miss et web eereSe eisa at led ass rrng• et SWIM asst, tS Nas r e dais S. Sins an pad amuses pen In N Y wet pen .IW ad ma WANNANT AND IOINVII DOXID. IN WITNNaa WNa4KOP, IM new Pantie the 5.4 Pan lie ye M.aa is their beat eel rep • the 4, sod rem. Ira tea wawa Wail Mt MS at Mil M• Caine U.S. c, CJ .r • m 0 0 f aa. -w Seale Doh ' $ WY rev MAR 181377_ a LC /a i e e BARGAIN AND SALE DEED KNOW ALI, WEN BY THESE PRESENTS, That Alexander Baumgartner and Pauline Baumgartner. whose address is 33394 Colo. State Highway 52, Keenesburg, Colorado 80643, County of Weld, for the consideration of Ten Dollars (10.00) and other valuable consideration. in hand paid, hereby sell and convey to Earl Alex Baumgartner and Larry Lee Baumgartner, 33390 Colo. State Highway 52. Keenesburg, Colorado 80643, County of Weld, the following real property in the County of Weld and State of Colorado, to -wit: Eaeh arS aIdiiiidetl`6He='titid (b/3) of all oil, gas and:: minerals in and under the following described property: The East Half of the Northwest Quarter (E}NW}) of Section Ten (10), Township One (1) North, of Range Sixty-three (63) West of the 6th P.N.; except those parcels described as follows: A tract containing approximately one and one-fourth (1 1/4) acres as described in Deed recorded in Book 1331, Page 494, of the Weld County Records, School District No. 96 Grantee, and also excepting therefrom the parcels as convc:.d by Deeds recorded in Book 494, Page 183, Book 787, Page 107, Book 1063, Page 297. Book 1038, Page 10, Book 1122, Page 278, Book 1331, Page 494, and Book 1094, Page 106, conveying hereby to each of the above named grantees a one-third (1/3) interest in all oil, gas and other minerals in and under said property together with the right to enter upon and explore for the same subject howevertothe obligation to pay any surface damage which may be incurred, the entire parcel containing approximately sixty-two (62) acres. 1 i • • • a n 0 C 0 .-e Signed this 22nd day of Daceaber, 1978. A e er Ba artner Arian Pauline Baumgartner STATE OF COLORADO ) ss. COUNTY OF WELD The foregoing instrument was acknowledged before me this 22nd day of December, 1976, by Alexander Baumgartner and Pauline Baumgartner. WITNESS my band and official seal. My commission expires: /f ...Cemm mkn Expires 44tember, 22, 1980 Notary PUDli f eTA.g}:`r • . `a.:\ JBL1G ARd35115 itrtiglietrr eNDED uris5eifir -sot reg. • DECEQ$DT 1+"= 9 STATE OF COLORADO STATE OF CC:LOP-We CERTIFICATE OF DEATH VI X• 1 ale 3 r...It M 03.31222239.22” qr .M, February 2, 1991. /• Oxwt,I,...a..,,w. AL13ANDEH BADNGAR7NER cERT,FIeR a-. 5 • 502 MM �fJ 5'_2-48-276S O.CIf•.4[ I PI, yip IAvguat 22 . 1907 Sebevaing, Michigan -ow Oa+ R 11.,u.a.-O,r.Swom n ...Gail. .mn,,, am.,.......«.,a..r,.2232... 337ga. UN 52 �(. Ca• w Ll+3_:110r.I1G. Wa.«,a.e..a.. Oa rx 3.32,620202 Farmer 4tS.btha ,:nt .a .as,,. Colorado Weld X Yet Ir. lZialnm m ....001 mwaiaa0cv5 Agriculture ..I eo.., O. tOc.l.O,a m.,* K een.esb ern o-...eSaran Married Se courr. 0, 041., Weld 3 Pauline Blumenshine sit 80643 re$CP#..1 1a.M.rf Car1 Baumgartner -. / Suaana Baked �'.-. ^'..° 'Pavllne Baumgartner 7a a.i:meow, OlYOYTq. 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Cutts M.D. 1900 16th Street Greeley, Colorado 3* 80631 32 2.a222-1 OP Anisa.......viCalaea 010,51w Wit Ibati r...I >b //el. fnl.. �111vY a o2Oran seism la w�Nt n,uw. ya IM 3a 141 Or Inc anal I 0too Sal 3.1* CCalliOrLD .-. 1 Iluas ve RICE a .u,lll-t4 w M+ aa.11M.,.$a i gas. tic LLaa. Sawa u LXATOM ISM YV Ye.a stale. Psis — Ca 41e,. IMO causg OF .OEaT31a' a: a.,tban cast uan5 .110 • mnw war eea« as C.. c«5erea, wnra romo.s _ It art «.MI. un«u To Cala T.( Tana*TM attic 1000 as.CMseavocIVAX a. u1.O cV+3r LAS, A. L.S' e pen o,, eY ..S,..OrtcCOWiTOa3.Cr+s._*,s w.e w•w •.. Wawa. ..e Mo. . I _ yea. wow 'moot' a me 511— 4.tw00a ,ama« ass.acase dean No B 1428 REC 023751/5 02/24/94 12:53 $5.00 1/001 F 0910 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO SL44706Sias" THIS IS TO CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF THE OFFICIAL RECORD WHICH IS IN MY CUSTODY DATFa1JFER 21994 JOSEPH D. CARNEY STATE REGISTRAR Do not accept unless prepared on security paper with engraved border displaying the Colorado state ¢-} seal and signature of the Registrar. PENALTY BY LAW, Section 25-2-118, Colorado Revised 0• 1.{�y�� ▪ Statutes. 19831 if any person alters, uses, attempts to use or furnishes to another for deceptive use any �p.�/ ti vital statistics record NOT VALID IF PHOTOCOPIED,vR 100S 193 ya • 4p'l vD .. .J.iu .::.::..L. "nnu;.,.3n y 'aq SK%DrF'N. S-rt11'O a�'Y"•"'GfE,Fw:y r'i�11� � � .�OMI n.,•. .....Q le AR2446499 QUIT CLAIM DEED KNOW ALL MEN BY THESE PRESENTS, that Pauline Baumgartner, Grantor, whose legal or street address is 33394 Highway 52, City or Town of Keenesburg, Weld County, Colorado 80643, for the consideration of love and affection hereby gives, grants, conveys, and quit claims to Larry Lee Baumgartner, Grantee, as tenant in common, whose legal or street address is 33390 Highway 52, City of Town of Keenesburg, Weld County, Colorado 80643, the following real property located in Weld County. Colorado. to wit: An undivided one-half interest in all that part of the East Half of the Northwest Quarter (EEln4) of Section 10, Township 1 North, Range 63 West of the 6th P.M. owned by Grantor, together with a 23.95 -acre interest in the Henrylyn Irrigation District and pump, equipment, and irrigation well with Permit No. 8500, together with all its appurtenances. SIGNED AND DELIVERED this — day of July, 1995. Pauline Baumgartner 2446499 B-1501 P-350 07/14/95 01:37P PG 1 OF 1 Weld County CO Clerk & Recorder STATE OF COLORADO ) COUNTY OF WELD SS EEC DOC 6.00 The foregoing instrument was acknowledged before me this day of July, 1995, by Pauline Baumgartner. WITNESS my hand and official seal. My commission expires: 6-11O R ,,k( k L. E e LH.k Notary Public 791 FiLed fur Reception 111(11 VIII HEIR( IR( Ill IIII 1151791 01/0312006 09:58A Weld County, CO 1 0l 2 R 11 00 0 4.13 Sieve ivlmenv Clerk & Recorder WARRANTY DEED THIS DEED, Made nn this day of December 21 2005 _ , between PAULINE BAUMGARTNER of the County of WELD LARRY LEE BAUMGARTNER and State of COLORADO , the Grantor(s), ano whose legs'. address is : 33390 HIGHWAY 52 KEENESBURG CO 80643 of Toe Coktott of WELD and Irate of COLORADO WITNESS, That the Grantor(s), for and in consideration of the SLIP of t $41,250.00 Aee Forty One Thousand Two Hundred Fifty and 00/100 was DOLLARS the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, send and conveyed, and by these presents does grant, bargain, sell, convey and confirm unto the Grantee(s), his heirs and assigns forever, oil the real property, together with improvements, if any, situate, lying and being in the County of WELD arcs State of Colorado, described as follows: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF also known as street number VACANT LAND TOGETHER with all and singular and hereditaments and appurtenances thereto belonging, or anywise appertaining and the reversion e and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right title interest, claim aridemand 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 Grontee(s), his heirs and assigns forever. the Grantor(s), for himself, his heirs and personal representatives, does covenant, grant, bargain, end agree to and with the Grantee(s), his heirs and assigns, that at the rime of the ensealing and delivery of these presents, he is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible ',state of inheritance, in law, in fee simple, and has good right, full payer and lawful authority to grant, bargain, sell and convey the sank in manner and form a aforesaid, and that the same are free and clear from all former and other orants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, subjcot to general taxes for the year 1005 and thou mA apaclflo eepelona des bed by inten r na orded dooume as ae£lacCad in the Titler Documents a oepCed by C ee(a) In ac ordanoa each Section ea (Tirlaeeriew)cannot of the cautto bay and Sell Peal Herat. relating cotem above into -Abed property; distribution ability enements linolodanp cable TV); those specifically described rights 00 third parties not whom by the public records of which oru(al has actual knowledge and which ac cepted oepted by C eelal In oerdan i with S•otion Bb (Rattan t Shorn by the publicRecords) and Section ee (Survey Review) of the Contract to Buy and sell Real Berate relating to the cLave dwaarib.d dual property,' Inolueion of the Pooparty within any apeolal to district; and, the benefit and burdens of any deai.ratlan and parry wall agreements, if any and other NONE The Grantor(i) shall and will WARRANT AND FOREVER DEFEND the above bargained premises in the quiet and peaceable possession of the Grantee(s), his heirs and assigns, against all and every person or persons lawfully claiming the whole sr any part thereof. The singular muter shall include the plural, and the plural the singular, and the use of any gender hall be applicable to all genders. IN WITNESS WHEREOF the Grantor(s) has executed this deed on the date set forth above. /P0.a./��.:41-L ,jf}1 au'-,n7„Cla 1111 ri an •F�� VYQ• Q6. as 1(a. 1n- it PAULINE BAUMGARTNER BY: ALL . EAVMOIRINER AS tP [ATE 0 COLORalio County of WELD )ss. ) ATTORNEY IN PACT. The foregoing instrument was acknowledged before me on this day of December 21, 2005 by EARL A. EADMOART1ER AS ATTORNEY IN FACT FOR PAULINE EAONOARTNER JULIE A. CIT My calesite on ex NesTARY PUBLIC Witness my ,avlfa tEefari eORADO MY Commission Expires Nov.17, 2008 Note Public arts and Address of Person Creating Newly Created Legal Description ( 38.35'106.5, C.R.S.) Escrow,/ GR25060685 Title,/ r0025060685 z When Recorded Return to:LARRY LEE BAUMGARTNER 33390 HIGHWAY 52 KEENE5BURG, CO 80643 84 08/29/04 WD1 WARRANTY DEED (Photographic (2688534) L�, 3 • 1111111 III 11111 I II II 1111111 Illlil ill II iI 3351791 01/03/2006 09:58A Weld County, CO 2 ,.F o F 11 no n 4.13 Steve Moreno Clerk & Recorder EXHIBIT A AN UNDIVIDED ONE-HALF INTEREST IN AND TO THE FOLLOWING DESCRIBED LAND: ALL THAT PART OF THE EAST HALF OF THE NORTHWEST QUARTER OF SECTION 10, TOWNSHIP 1 NORTH, RANGE 63 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO. EXCEPTING THEREFROM LOTS A, B AND C OF RECORDED EXEMPTION NO. 1477-10-1-RE2254, ACCORDING TO THE MAP RECORDED SEPTEMBER 3, 1998 AT RECEPTION NO. 2637892, BEING A PART OF THE NORTH 1/2 OF SECTION 10. TOWNSHIP I NORTH, RANGE 63 WEST OF THE SIXTH PRINCIPAL MERIDIAN ALSO EXCEPTING THEREFROM THAT PARCEL OF LAND CONVEYED TO THE PROSPECT COMMUNITY CHURCH RECORDED DECEMBER, 8 1943 IN BOOK 1122 AT PAGE 278 WELD COUNTY RECORDS. ALSO EXCEPTING THEREFROM THOSE PARCELS OF LAND CONVEYED TO SCHOOL DISTRICT NO. 96 , WELD COUNTY BY DEEDS RECORDED DECEMBER 1, 1925 IN BOOK 787 AT PAGE 107, FEBRUARY 10, 1939 IN BOOK 103B AT PACE 10, AND MAY 28, 1952 IN BOOK 1331 AT PAGE 494 WELD COUNTY RECORDS; ALSO EXCEPTING THEREFROM THAT PARCEL OF LAND BOUNDED TO THE NORTH BY DEED RECORDED IN BOOK 1038, AT PAGE 10, TO THE EAST BY DEED RECORDED IN BOOK 787 AT PAGE 107, TO THE SOUTH BY DEED RECORDED IN BOOK 1331 AT PAGE 494, AND TO THE WEST BY DEED RECORDED AT RECEPTION NO. 1756411 WELD COUNTY RECORDS. Form EXHIBIfA 01/17/03 10026060685 382 H11111111 11II IIIItt III Ell3354332 01/17/2006 12:20R Weld County. CO II lII 1 of 2 R 11 00 0 0.00 Steve Moreno Clerk & Recorder f1 _ I Recorded th;. Reception II day of Recorder By THIS DEED, Made this day of LARRY LEE BAUMGARTNER QUIT CLAIM DI?h:D // T D 6_____._ bensern Grantor. fur tile c,S iieranol of 1._- INTi.i.ARS AND OTHER AND TATl'lnt }: CONSIDER 'TI Lee IIIai,ttp ". hereby sdh and yuitclduus to LARRY LEE BAUMGARTNER AND MARY KAY BAUMGARTNER Grantee, not in teinuiCY In common, hut in joint tenancy. whose street address is 33390 HIGHWAY 52, XEENESBURG, CO 80643 City of _ _ , County of WELD , State of COLORADO , the following real property in the County of WELD , and State of Colorado, to wit: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF; also known as street and number VACANT LAND TOGETHER with all its appurtenances. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all gendeerrrss. Signed as of the day and year first above wriiien. gq LARR L'E BAIMGARTNER i/ I State of COLORADO ) )S5. County of WELD ) The foregoing instrument was acknowledged before me this day of elan lg. ArsiIc XO0O by LARRY LEE BAUMGARTNER My cos is hand and official seal. My commission expires e [ I t I s A t_(/a lrwn (41'i1.Cu/' (/1?L(d 2_ 0- •. 11/Cclsr4MS101,2008 otary Public 'r 1, rt,: A� J , zci AA . Q p, When recorded return to: LARRY LEE BAUMGARTNER 33390 HIGHWAY 52, XEENESDURG, CO 60643 Form 38 01/14/03 OW QUIT CLAIM DEED O825060685 FCC25060 685 (2784348) 111111111(1111111111111111111III1 li�lII 111 1111 IIII III 3354382 07I/12/2006 12:20P Weld County, CO 2 of 2 R 11 00 0 0.00 Steve Moreno Clerk & Recorder ii AIIII)i'i' A • ALL THAT PART OF THE EAST HALF OF THE NORTHWEST QUARTER OF SECTION 10, TOWNSHIP 1 NORTH, RANGE 63 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO. EXCEPTING THEREFROM LOTS A, B AND C OF RECORDED EXEMPTION NO. 1477-10 ,i-RS2254. ACCORDING TO THE MAP RECORDED SEPTEMBER 3, 1996 AT RECEPTION NO. 25'7x92, BEING A PART OF THE NORTH 1/2 OF SECTION 10, TOWNSHIP 1 NORTH, RANGE 63 WEST OF THE SIXTH PRINCIPAL MERIDIAN ALSO EXCEPTING THEREFROM THAT PARCEL OF LAND CONVEYED TO THE PROSPECT COMMUNITY CHURCH RECORDED BEGINNER, 8. 1943 IN BOOK 1122 AT PAGE 278' WELD COUNTY RECORDS. ALSO EXCEPTING THEREFROM THOSE PARCELS OF LAND CONVEYED TO SCHOOL DISTRICT NO. 96 , WELD COUNTYY BY DEEDS RECORDED DEMB CEER 1, 1925 IN BOOK 787'34T PAGE 107, FEBRG]l�1("10, X93'4 IN"EOGR.1038 AT Mati".'161 6;"AND MAY 28p1952 IN BODE 1331 AT PAGE 494 WELD COUNTY RECORDS; ALSO EXCEPTING THEREFROM THAT PARCEL OF LAND BOUNDED TO THE NORTH BY DEED RECORDED IN BOOK h, 8, ARY PAGE 10Y.'TO THE EAST BY DEED RECORDED IN BOOK 707 AT PAO$ 107; TO THE SOUTH BY DEED RECORDED IN HOOK 1331 • AT PAGE 494, AND TO THE WEST BY DEED RECORDED AT RECEPTION NO . 1756411 WELD COUNTY RECORDS. form EMHIBITA 01/17/03 FCO2506D685 JUL. 2.2009'11 19AMCO EAST BANK Mn. 52; P. 1 Form No. OFFICE OF THE�ATE ENGINEER Gws-25' COL ORAOO glyhiSION O F WATaEERRaRESO4 RCES (303) 865-3581 APPLICANT LR LARRY LEE & MARY KAY BAUMGARTNER 33390 HWY 52 KEENESBURG, CO 80643- (303) 732-4848 APPROVED WELL LOCATION WELCOUNTY NE 1/4 NW 1/4 Section 10 r• ship 1 N Range 63 W Sixth P.M. DI NCES ' e M SECTION LINES 729 Ft. from North 1981 Ft. from West UTM COORDINATE Ea Section Line Section Line Zone:13 NAD83 Northing: REGISTRATIVr 1) 2) 3) 4) Or awra r nvv e.«i- — CONDITIONS OF APPROVA` This well shall be used in such a way as to cause no material injury to existint does not ensure that no injury will occur to another vested water tight or prelude seeking relief in a civil court action. Construction details for this existing well have not been provided to this office, of this wet is in compliance with the Water Well Construction Rules, 2 CCR 402-2. relieve the well owner of responsibility or liability in the event contamination of construction or use of this well, nor does the State Engineer assume any resFonsibiliity occur. This well is recorded and permit approved pursuant to CRS 37-90-105(4)(a). historical use as recorded with this office and by the terms of CRS 37-90-105 livestock on range and pasture, for domestic purposes inside 3 single family dwelling(s), acre of lawn and garden, with a maximum pumping rate'of 40 GPM. The tots The date of first beneficial use, as claimed by the applicant, is October 4. 1954. water rights. The Issuance of this permit another owner of a vested water right from therefore, It Is not known if the construction The issuance of this permit does not the groundwater source results from the or liability should contamination The use of this well is limited to the being a well used for the watering of and irrigating no more than 1 depth of the well is estimated at 147 feet. ime (06/79/2009) APPROVED SMJ Receipt State Engineer No. 3630379 DATE ISSUED 06-23-2008 EY EXPIRAT0 A E N� COLORADO • • DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT 1555 N 17TH AVE GREELET, CO 80631 WERSITF: www nn weld nn ic ADMINISTRATION (970) 304-6410 FAX (970) 304-6412 PUBLIC HEALTH EDUCATION AND NURSING (970) 304-6420 FAX (970) 304-6416 ENVIRONMENTAL HEALTH SERVICES (970) 304-6415 FAX (970) 304-6411 July 8, 2008 Larry L. and Mary Kay Baumgartner 33390 Highway 52 Keenesburg, Colorado 80643 RE: Larry L. and Mary Kay Baumgartner ISDS No.: 0800031 Permit No.: SE -0800037 On June 30, 2008, an evaluation of the existing individual septic disposal system at: 33394 Highway 52, Keenesburg; Section 10, Township 01 North, Range 63 West, was conducted by Mary Cavnah, an Environmental Health Specialist of this department. This evaluation is based on a final treatment capacity for a 2, bedroom residence. The system is not constructed in accordance with current regulations, as the tank is undersized by 500 gallons. Because the system was installed prior to the adoption of statewide guidelines by the Colorado Board of Health, the County considers this system to be "grandfathered" and will not require that the system be brought into compliance with current regulations so long as the system functions in accordance with current Regulations. The Department recommends that the tank size be increased by 500 gallons. Please be advised that should you decide to repair your system a permit is required from this Department prior to any alterations to the system. Be advised, neither the County of Weld nor any of its agents or employees undertake or assume any liability to the owner of the above property, to any purchaser of the above property or to any lending agency making a loan on the above property or in the report. This inspection was conducted for the purpose of determining compliance with current regulations and for detecting health hazards observable at the time of inspection. This does not constitute a warranty that the system is without flaw or that it will continue to function in the future. Inspections requested during periods of snow cover and high soil saturation may be of questionable value to potential buyers due to adverse conditions. Evaluations based on Statements of Existing (S.O.E.) relies on information the property owner provides, under oath, indicating current status of the system and representing to the best of his/her knowledge the system is not failing to function properly. If we can be of any further assistance, please contact our office at (970) 304-6415. Sincerely, -)12k)-T61')/;'11' y%Y`n.11' Mary Cavnah Environmental Health Specialist MC/ms • • 111k COLORADO July 8, 2008 Larry L. and Mary Kay Baumgartner 33390 Highway 52 Keenesburg, Colorado 80643 DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT 1555 N 17TH AVE GREELEY, CO 80631 WEBSITE: www.co.weld.co.us ADMINISTRATION (970) 304-6410 FAX (970) 304-6412 PUBLIC HEALTH EDUCATION AND NURSING (970) 304-6420 FAX (970) 304-6416 ENVIRONMENTAL HEALTH SERVICES (970) 304-6415 FAX (970) 304-6411 RE: Larry L. and Mary Kay Baumgartner [SDS No.: 0800032 Permit No.: SE -0800039 On June 30, 2008, an evaluation of the existing individual septic disposal system at: 33396 Highway 52, Keenesburg; Section 10, Township 01 North, Range 63 West, was conducted by Mary Cavnah, an Environmental Health Specialist ofthis department. This evaluation is based on a final treatment capacity for a 2 bedroom residence. The system is not constructed in accordance with current regulations, as the tank is undersized by 500 gallons. Because the system was installed prior to the adoption of statewide guidelines by the Colorado Board of Health, the County considers this system to be "grandfathered" and will not require that the system be brought into compliance with current regulations so long as the system functions in accordance with current Regulations. The Department recommends that the tank size be increased by 500 gallons. Please be advised that should you decide to repair your system a permit is required from this Department prior to any alterations to the system. Be advised, neither the County of Weld nor any of its agents or employees undertake or assume any liability to the owner of the above property, to any purchaser of the above property or to any lending agency making a loan on the above property or in the report. This inspection was conducted for the purpose of determining compliance with current regulations and for detecting health hazards observable at the time of inspection. This does not constitute a warranty that the system is without flaw or that it will continue to function in the future. Inspections requested during periods of snow cover and high soil saturation may be of questionable value to potential buyers due to adverse conditions. Evaluations based on Statements of Existing (S.O.E.) relies on information the property owner provides, under oath, indicating current status of the system and representing to the best of his/her knowledge the system is not failing to function properly. If we can be of any further assistance, please contact our office at (970) 304-6415. Sincerely, Mary Cavnah Environmental Health Specialist MC/ms /AA iwt,\ flint COLORADO July 8, 2008 Larry L. and Mary Kay Baumgartner 33390 Highway 52 Keenesburg, Colorado 80643 DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT 1555 N 17TH AVE GREELEY, CO 80631 WEBSITE: www.rn.vvold.rn.us ADMINISTRATION (970) 304-6410 FAX (970) 304-6412 PUBLIC HEALTH EDUCATION AND NURSING (970) 304-6420 FAX (970) 304-6416 ENVIRONMENTAL HEALTH SERVICES (970) 304-6415 FAX (970) 304-6411 RE: Larry L. and Mary Kay Baumgartner ISDS No.: 0800033 Permit No.: SE -0800038 On June 30, 2008, an evaluation of the existing individual septic disposal system at: 33390 Highway 52, Keenesburg; Section 10, Township 01 North, Range 63 West, was conducted by Mary Cavnah, an Environmental Health Specialist of 'this department. This evaluation is based on a final treatment capacity for a 3, bedroom residence. The system is not constructed in accordance with current regulations, as the tank is undersized by 250 gallons. Because the system was installed prior to the adoption of statewide guidelines by the Colorado Board of Health, the County considers this system to be "grandfathered" and will not require that the system be brought into compliance with current regulations so long as the system functions in accordance with current Regulations. The Department recommends that the tank size be increased by 250 gallons. Please be advised that should you decide to repair your system a permit is required from this Department prior to any alterations to the system. Be advised, neither the County of Weld nor any of its agents or employees undertake or assume any liability to the owner of the above property, to any purchaser of the above property or to any lending agency making a loan on the above property or in the report. This inspection was conducted for the purpose of determining compliance with current regulations and for detecting health hazards observable at the time of inspection. This does not constitute a warranty that the system is without flaw or that it will continue to function in the future. Inspections requested during periods of snow cover and high soil saturation may be of questionable value to potential buyers due to adverse conditions. Evaluations based on Statements of Existing (S.O.E.) relies on information the property owner provides, under oath, indicating current status of the system and representing to the best of his/her knowledge the system is not failing to function properly. If we can be of any further assistance, please contact our office at (970) 304-6415. Sincerely, )116, 6f Mary Cavnah Environmental Health Specialist MC/ms Hello