HomeMy WebLinkAbout20093444.tiff• •
WUDc.
COLORADO
DEPARTMENT OF PLANNING SERVICES
RECORDED EXEMPTION
ADMINISTRATIVE REVIEW
Applicant:
Sherry Lawley
RE -4922
Planner: K Ogle
Legal
Description:
Lot B, RE -3581, being part of the SE4 Section 4, T6N, R64W of the 6'" P.M.,
Weld County, CO.
Parcel ID #:
0801-04-4-00-036
Lot A Size:
29.97+/- acres
Lot B Size:
84.31+/- acres
Water
Source:
Lot A: North Weld County Water
District [NWCWD)
Lot B: NWCWD
Sewer
System:
Lot A: ISDS Septic
Lot B: ISDS Septic
Criteria Checklist
Yes No
X 1. Conforms with Chapter 22 of the Weld County
Code and any adopted municipal plan.
X
X
X
X
X
2. Compatible with the existing surrounding land uses.
3. Consistent with the intent of the zone district.
4. Consistent with efficient and orderly development.
5. Complies with Recorded Exemption standards in
Section 24-8-40 of the Weld County Code.
6. Provides for adequate protection of the health, safety, and welfare of the
inhabitants of the neighborhood and the County.
COMMENTS
This property was previously reviewed for a Change of Zone via PZ-1043 which was approved by the
Board of County Commissioners on March 23, 2005 and the Change of Zone Plat for PZ-1043 was
recorded June 6, 2006 via Reception Number 3393938. This action and subsequent recording of the plat
changed the zone from (A) Agricultural to (E) Estate. The Final Plat was staff approved on August 6,
2008. The Final Plat has not been submitted for recording.
By action of this Recorded Exemption, Lot 4 and the exclusive right-of-way and easement associated with
the Nazarenus Ditch Company are being exempted out. With recording of the Recorded Exemption plat,
the Change of zone and Final Plat will also be required to reflect this change. Further action by the Board
of County Commissioners may be warranted given this action.
g="9- 3y49
•
Approved with Conditions
The Weld County Department of Planning Services has determined through an administrative review that
the standards of Section 24-8-40 of the Weld County Code have been met. This Recorded Exemption is
approved with the following conditions in accordance with information submitted in the application and the
policies of Weld County.
1. A Weld County septic permit is required for any proposed home. The septic system shall be
installed according to the Weld County Individual Sewage Disposal System (I.S.D.S.) regulations.
2. Prior to recording the plat:
A. The plat shall be titled: Recorded Exemption No. 0801-04-4 RE -4922
B. Lot A shall use the existing residential PUD access point as approved via PZ-1043, via
Reception Number 3393938, no additional accesses shall be granted.
C. Lot B shall use the existing PUD with Estate Zone District, agricultural / oil and gas / ditch
road access points necessary for agricultural operations as no additional accesses shall be
granted.
D. All approved accesses shall be clearly shown on the plat. The applicant shall contact the
Weld County Department of Public Works to determine if a culvert is necessary at any
approved road access point. If a drainage culvert is required, a 15 inch Corrugated Metal
Pipe (CMP) is Weld County's minimum size. If the applicant chooses to place a larger
culvert please contact the Weld County Department of Public Works to adequately size the
culvert.
E. County Roads 72 and 55 are designated on the Weld County Road Classification Plan as
local gravel roads, which require 60 feet of right-of-way at full build out. The applicant shall
verify the existing right-of-way and the documents creating the right-of-way. All setbacks
shall be measured from the edge of future right-of-way. If the right-of-way cannot be
verified, it shall be dedicated. These roads are maintained by Weld County.
F. The applicant shall address the requirements (concerns) of Department of Public Works, as
stated in the referral response dated May 13, 2009. Evidence of such shall be submitted in
writing to the Weld County Department of Planning Services.
The applicant shall address the requirements of Weld County School District RE -2 as stated
in the referral response dated May 28, 2009. Evidence of such shall be submitted in writing
to the Weld County Department of Planning Services.
All vehicles located on the property must be operational with current license plates, or be
screened from all adjacent properties and public rights of way, or be removed from the
property. All other items considered to be part of a noncommercial junkyard must also be
removed from the property or screened from adjacent properties and public rights -of -way.
Lot A shall comply with the less than thirty-five (35) acre maximum lot size required by
Section 24-8-10.B of the Weld County Code. Net acreage calculations should not include
reserved road right-of-way.
J. The applicant shall submit a Corrected /Amended Change of Zone [PZ-1043] Plat for the
Lawley subdivision
•
K. The applicant shall provide the Department of Planning Services with a Statement of Taxes
from the Weld County Treasurer showing no delinquent taxes exist for the original parcel.
L. The following notes shall be placed on the plat:
1) All proposed or existing structures will or do meet the minimum setback and offset
requirements for the (E) Estate zone district or per the Surface Use Agreement 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.
2) Any future structures or uses on site must obtain the appropriate zoning and building
permits.
3) Lot A is not eligible for a future land exemption in accordance with Section 24-8-
20.C.1 of the Weld County Code.
4) Prior to the release of building permits, the applicant shall submit a recorded deed
describing the Lot upon which the building permit is requested with the building
permit applications. The legal description on such deed shall include the Lot
designation and Recorded Exemption number.
5) Prior to the release of building permits, the applicant shall submit evidence to the
Department of Planning Services that Lots A and B have an adequate water supply
of sufficient quality, quantity and dependability.
6) Prior to the release of building permit, the applicant shall submit evidence of approval
from the Galeton Fire Protection District to the Weld County Building Department.
7) Should noxious weeds exist on the property or become established as a result of the
proposed development the applicant/landowner shall be responsible for controlling
the noxious weeds, pursuant to Chapter 15, Articles I and II of the Weld County
Code.
8) Building permits shall be obtained prior to the construction of any building. Buildings
that meet the definition of an Ag Exempt Building per the requirements of Section 29-
1-20 and Section 29-3-20.6.13 of the Weld County Code do not need building
permits, however, a Certificate of Compliance must be filed with the Planning
Department and an electrical and/or plumbing permit is required for any electrical
service to the building or water for watering or washing of livestock or poultry.
9) Any disturbance of wetlands shall require the applicant to contact the Army Corps of
Engineers for permits pursuant to Section 404 of the Clean Water Act.
10) Effective January 1, 2003, Building Permits issued on the proposed lots will be
required to adhere to the fee structure of the County Road Impact Program.
(Ordinance 2002-11)
11) 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)
12) Potential Purchasers are hereby notified that multiple confined animal feeding
operation are located in the general vicinity. Off -site impacts that may be
•
encountered include noise from trucks, tractors and equipment; dust from animal
pens and odors from animal confinement, silage, and manure.
13) Prior to the release of building permits on Lots A and/or B, the Lot owner shall verify
with the nearest Town/City or Sanitation District to determine the location of the
nearest sanitary sewer line. In accordance with the Weld County Code, if a sewer
line exists within four hundred (400) feet of the property line and the sewer provider is
willing to serve the proposed structure, a septic permit cannot be granted by the Weld
County Department of Public Health and Environment. Evidence of such shall be
submitted in writing to the Weld County Department of Planning Services.
14) The property owner acknowledges that mineral owners and lessees have real
property interests that entitle them to surface use in accordance with Colorado State
Statutes and applicable Colorado oil and Gas Conservation Commission regulations.
(Department of Planning Services)
15). WELD COUNTY'S RIGHT TO FARM: Weld County is one of the most productive
agricultural counties in the United States, typically ranking in the top ten counties in
the country in total market value of agricultural products sold. The rural areas of
Weld County may be open and spacious, but they are intensively used for
agriculture. Persons moving into a rural area must recognize and accept there are
drawbacks, including conflicts with long-standing agricultural practices and a lower
level of services than in town. Along with the drawbacks come the incentives which
attract urban dwellers to relocate to rural areas: open views, spaciousness, wildlife,
lack of city noise and congestion, and the rural atmosphere and way of life. Without
neighboring farms, those features which attract urban dwellers to rural Weld County
would quickly be gone forever.
Agricultural users of the land should not be expected to change their long-established
agricultural practices to accommodate the intrusions of urban users into a rural area.
Well -run agricultural activities will generate off -site impacts, including noise from
tractors and equipment; slow -moving farm vehicles on rural roads; dust from animal
pens, field work, harvest and gravel roads; odor from animal confinement, silage and
manure; smoke from ditch burning; flies and mosquitoes; hunting and trapping
activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides
and fertilizers in the fields, including the use of aerial spraying. It is common practice
for agricultural producers to utilize an accumulation of agricultural machinery and
supplies to assist in their agricultural operations. A concentration of miscellaneous
agricultural materials often produces a visual disparity between rural and urban areas
of the County. Section 35-3.5-102, C.R.S., provides that an agricultural operation
shall not be found to be a public or private nuisance if the agricultural operation
alleged to be a nuisance employs methods or practices that are commonly or
reasonably associated with agricultural production.
Water has been, and continues to be, the lifeline for the agricultural community. It is
unrealistic to assume that ditches and reservoirs may simply be moved "out of the
way" of residential development. When moving to the County, property owners and
residents must realize they cannot take water from irrigation ditches, lakes, or other
structures, unless they have an adjudicated right to the water.
Weld County covers a land area of approximately four thousand (4,000) square miles
in size (twice the size of the State of Delaware) with more than three thousand seven
hundred (3,700) miles of state and County roads outside of municipalities. The sheer
magnitude of the area to be served stretches available resources. Law enforcement
•
is based on responses to complaints more than on patrols of the County, and the
distances which must be traveled may delay all emergency responses, including law
enforcement, ambulance, and fire. Fire protection is usually provided by volunteers
who must leave their jobs and families to respond to emergencies. County gravel
roads, no matter how often they are bladed, will not provide the same kind of surface
expected from a paved road. Snow removal priorities mean that roads from
subdivisions to arterials may not be cleared for several days after a major snowstorm.
Services in rural areas, in many cases, will not be equivalent to municipal services.
Rural dwellers must, by necessity, be more self-sufficient than urban dwellers.
People are exposed to different hazards in the County than in an urban or suburban
setting. Farm equipment and oil field equipment, ponds and irrigation ditches,
electrical power for pumps and center pivot operations, high speed traffic, sand burs,
puncture vines, territorial farm dogs and livestock, and open burning present real
threats. Controlling children's activities is important, not only for their safety, but also
for the protection of the farmer's livelihood.
3. The applicant shall submit two (2) paper copies of the plat for preliminary approval to the Weld
County Department of Planning Services. Upon approval of the paper copies the applicant shall
submit a Mylar plat along with all other documentation required as conditions of approval. The
Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder by Department of
Planning Services• Staff. The plat shall be prepared in accordance with the requirements of
Section 24-8-60 of the Weld County Code. The Mylar plat and additional requirements shall be
submitted within sixty (60) days from the date the Administrative Review was signed. The applicant
shall be responsible for paying the recording fee.
4. In accordance with Weld County Code Ordinance 2005-7 approved June 1, 2005, should the plat
not be recorded within the required sixty (60) days from the date the Administrative Review was
signed a $50.00 recording continuance charge may be added for each additional 3 month period.
5. The Department of Planning Services respectfully requests the surveyor provide a digital copy of
this Recorded Exemption. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation);
acceptable GIS formats are ArcView shapefiles, Arclnfo Coverages and Arclnfo Export files format
type is .e00. The preferred format for Images is .tif (Group 4). (Group 6 is not acceptable). This
digital file may be sent to maps(a)co.weld.co.us.
6. The Weld County Department of Planning Staffas approval of this Recorded Exemption Application
is based on satisfying the Conditions of Approval. Should an applicant be unwilling or unable to
meet any one of these conditions within 60 days of approval, then this case will be forwarded to
the Weld County Board of County Commissioners with a staff recommendation for denial.
By
m 2.e G Planner
Date: June 18, 2009
WI�YG
4itot:r
C01gAAD0
April 27, 2009
Sherry Lawley
26658 CR 74
Eaton CO 80615
DEPARTMENT OF PLANNING SERVICES
NORTH OFFICE
918 10TH Street
GREELEY, CO 80631
PHONE: (970) 353-6100, Ext. 3540
FAX: (970) 304-6498
Subject: RE -4922 - A Recorded Exemption located on a parcel of land described as Lot B of RE -3581 being
in part of SE4 of Section 4, T6N, R64W of the 6th P.M., Weld County, Colorado.
Dear Applicant:
Your recorded exemption application is being processed. If it is determined that the application meets the
approval criteria of Chapter 24 of the Weld County Code, you will be notified that the recorded exemption is
approved. If the staff determines that the application does not meet the approval criteria or if staff has
concerns with the application, staff may elect to forward the application for review to the Board of County
Commissioners. You will be notified and asked to appear before the Board of County Commissioners at a
public hearing. You will be informed of the hearing date prior to the hearing. The Board of County
Commissioners will then consider your application and make a final decision on the recorded exemption.
If you have any questions concerning this matter, please call me.
Planner
•
WELD COUNTY, COLORADO
DEPARTMENT OF PLANNING SERVICES
918 10TH STREET
GREELEY, CO 80631
PHONE: 970-353-6100, EXT. 3540/ FAX: 970-304-6498
Date)
Received From:
20
kJ
Receipt No.
15 .15
Permit Type
No.
Description
Fee
4221-RE/SE
I
/2 /,
i, k J--
4221-ZPMH
4221-USR
4221 -SITE PLAN REVIEW
4221 -CHANGE OF ZONE
4221-PUD
4221-MINOR/MAJOR SUB
# OF BUILDABLE LOTS
4221 -ADDITIONAL 30%
FEE FOR SUB's
4221 -RE -SUBDIVISIONS
4221 -BOA
4221-FHDP/GHDP
4430 -MAPS / POSTAGE
4430 -COPIES
4730 -INVESTIGATION FEE
6560 -RECORDING FEE
MISC.
OCA5HI CHFC? NO._ 2. -,-Yd
Receipted By: /
DL#
TOTAL FEE
Exp.
t
WI`Oc.
COLORADO
MEMORANDUM
TO: Board of County Commissioners
DATE: Month, Day, 2010
FROM: Kim Ogle, Planning Services
SUBJECT: Request to Vacate Lot 4, Lawley Estates PUD
PZ-1043, Sherry Lawley, Applicant
Request:
The Department of Planning Services received an electronic mail from Mark Lawley, acting representative for
Sherry Lawley on September 1, 2009 requesting to amend the Change of Zone Plat PZ-1043 by vacating out
a parcel of land previously identified as Lot 4 of Lawley Estates PUD. In previous discussion with legal staff,
it has been determined that this action is supportable given that the parcel of land is 80 acres. Given the
direction received, the applicant submitted a Recorded Exemption application for processing by staff. A
condition of approval for Recorded Exemption, RE -4922 administratively approved on June 18, 2009 the
applicant requests acknowledgement by the Board of County Commissioners that Lot 4 of the Lawley Estates
PUD and the exclusive right-of-way and easement associated with the Nazarenus Ditch Company are
proposed to be exempted out, thereby creating a single lot of 80 acres or greater in size.
Background:
Lawley Estates PUD, was approved by the Board of County Commissioners on March 23, 2005 for eight (8)
Lots with E -Estate Zone District uses, with Lot 4 varying from the maximum Lot size allowed in the Agricultural
Zone District (78.81 acres). The Change of Zone plat was recorded June 6, 2006, reception number
3393938.
The Final Plat was administratively approved on September 9, 2006 for seven (7) Lots with E -Estate Zone
District uses and one Lot with Agricultural Zone District uses. The Final plat has not been recorded.
It is important to state that the request description for this development changed between the Change of Zone
and the Final Plat from eight (8) Lots with E -Estate Zone District uses to seven (7) Lots with E -Estate Zone
District uses and one Lot with Agricultural Zone District uses. Staff is of the opinion that the discrepancy in
the zoning description is able to be rectified in the recordation of the Final Plat.
If this action is approved, the applicant is prepared to submit an Amended Change of Zone Plat [PZ-1043] for
seven (7) Lots with E -Estate Zone District uses and also submit the Final Plat [PF-1043] for the Lawley
Estates PUD with (7) Lots with E -Estate Zone District uses which is consistent with the Change of Zone plat
recorded June 6, 2006, reception number 3393938. Prior to the aforementioned action, the applicant will
submit a plat for Recorded Exemption RE -4922 to this office for recording.
The Department of Planning Services on behalf of the applicant is requesting that the Board of County
Commissioners grant the request of Ms. Lawley to exempt out Lot 4 from Lawley Estates PUD and record an
Amended Plat for the Change of Zone and record the Final Plat for Lawley Estates PUD.
1
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lftiurf%y,
Identify Results
•
•
Page 1 of 1
Account#: R2708304
WELD COUNTY ASSESSOR
PROPERTY PROFILE
Tax Area: 3865 Bordering County:
Acres: 110.6
Township Range Section Quart. Sec.
06-64-04-4
Owners Name & Address:
LAWLEY SHERRY
26658 CR 74
EATON, CO 80615
Business/Complex:
Sale Date
Sale Price
$0
Parcel#: 080104400036
Subdivison Name Block# Lot#
Property Address:
Street:
City:
Sales Summary
Deed Type
Leaal Description
Reception #
PT SE4 04-06-64 LOT B REC EXEMPT RE -3581 (1.5D2.19R)
Land Type
Agricultural
Agricultural
Agricultural
Land Subtotal:
Land Valuation Summary
Abst Code Unit of Number of
Measure Units
4147 Acres 94.6
4147 Acres 1
4147 Acres 15
Actual Value
Assessed
Value
110.6 $1,281 $370
No Buildings on Parcel
http://maps2. merrick.com/Website/Weld/setSgl. asp?cmd=QUERY&DET=PP&pin... 4/14/2010
Request:
The Department of Planning Services received an electronic mail from Mark Lawley, acting
representative for Sherry Lawley on September 1, 2009 requesting to amend the Change of
Zone Plat PZ-1043 by vacating out a parcel of land previously identified as Lot 4 of Lawley
Estates PUD. In previous discussion with legal staff, it has been determined that this action is
supportable given that the parcel of land is 80 acres. Given the direction received, the applicant
submitted a Recorded Exemption application for processing by staff. A condition of approval for
Recorded Exemption, RE -4922 administratively approved on June 18, 2009 the applicant
requests acknowledgement by the Board of County Commissioners that Lot 4 of the Lawley
Estates PUD and the exclusive right-of-way and easement associated with the Nazarenus Ditch
Company are proposed to be exempted out, thereby creating a single lot of 80 acres or greater
in size.
Background:
Lawley Estates PUD, was approved by the Board of County Commissioners on March 23, 2005
for eight (8) Lots with E -Estate Zone District uses, with Lot 4 varying from the maximum Lot size
allowed in the Agricultural Zone District (78.81 acres). The Change of Zone plat was recorded
June 6, 2006, reception number 3393938.
The Final Plat was administratively approved on September 9, 2006 for seven (7) Lots with E -
Estate Zone District uses and one Lot with Agricultural Zone District uses. The Final plat has
not been recorded.
It is important to state that the request description for this development changed between the
Change of Zone and the Final Plat from eight (8) Lots with E -Estate Zone District uses to seven
(7) Lots with E -Estate Zone District uses and one Lot with Agricultural Zone District uses. Staff
is of the opinion that the discrepancy in the zoning description is able to be rectified in the
recordation of the Final Plat.
If this action is approved, the applicant is prepared to submit an Amended Change of Zone Plat
[PZ-1043] for seven (7) Lots with E -Estate Zone District uses and also submit the Final Plat [PF-
1043] for the Lawley Estates PUD with (7) Lots with E -Estate Zone District uses which is
consistent with the Change of Zone plat recorded June 6, 2006, reception number 3393938.
Prior to the aforementioned action, the applicant will submit a plat for Recorded Exemption RE -
4922 to this office for recording.
The Department of Planning Services on behalf of the applicant is requesting that the Board of
County Commissioners grant the request of Ms. Lawley to exempt out Lot 4 from Lawley
Estates PUD and record an Amended Plat for the Change of Zone and record the Final Plat for
Lawley Estates PUD.
Request:
The Department of Planning Services received an electronic mail from Mark Lawley, acting
representative for Sherry Lawley on September 1, 2009 requesting to amend the Change of
Zone Plat PZ-1043 by vacating out a parcel of land previously identified as Lot 4 of Lawley
Estates PUD. In previous discussion with legal staff, it has been determined that this action is
supportable given that the parcel of land is 80 acres. Given the direction received, the applicant
submitted a Recorded Exemption application for processing by staff. A condition of approval for
Recorded Exemption, RE -4922 administratively approved on June 18, 2009 the applicant
requests acknowledgement by the Board of County Commissioners that Lot 4 of the Lawley
Estates PUD and the exclusive right-of-way and easement associated with the Nazarenus Ditch
Company are proposed to be exempted out, thereby creating a single lot of 80 acres or greater
in size.
Background:
Lawley Estates PUD, was approved by the Board of County Commissioners on March 23, 2005
for eight (8) Lots with E -Estate Zone District uses, with Lot 4 varying from the maximum Lot size
allowed in the Agricultural Zone District (78.81 acres). The Change of Zone plat was recorded
June 6, 2006, reception number 3393938.
The Final Plat was administratively approved on September 9, 2006 for seven (7) Lots with E -
Estate Zone District uses and one Lot with Agricultural Zone District uses. The Final plat has
not been recorded.
It is important to state that the request description for this development changed between the
Change of Zone and the Final Plat from eight (8) Lots with E -Estate Zone District uses to seven
(7) Lots with E -Estate Zone District uses and one Lot with Agricultural Zone District uses. Staff
is of the opinion that the discrepancy in the zoning description is able to be rectified in the
recordation of the Final Plat.
If this action is approved, the applicant is prepared to submit an Amended Change of Zone Plat
[PZ-1043] for seven (7) Lots with E -Estate Zone District uses and also submit the Final Plat [PF-
1043] for the Lawley Estates PUD with (7) Lots with E -Estate Zone District uses which is
consistent with the Change of Zone plat recorded June 6, 2006, reception number 3393938.
Prior to the aforementioned action, the applicant will submit a plat for Recorded Exemption RE -
4922 to this office for recording.
The Department of Planning Services on behalf of the applicant is requesting that the Board of
County Commissioners grant the request of Ms. Lawley to exempt out Lot 4 from Lawley
Estates PUD and record an Amended Plat for the Change of Zone and record the Final Plat for
Lawley Estates PUD.
• •
Kim Ogle
From:
Sent:
To:
Subject:
Mark Lawley [mlawley1@msn.com]
Sunday, September 20, 2009 5:37 PM
Kim Ogle
RE: LAWLEY RE -4922 Letter
Hi Kim, any word on this?
Best regards,
Mark/A. Lawley
Mlawlevl@msn.com
From: kogle@co.weld.co.us
To: mlawleyl@msn.com
CC: bbarker@co.weld.co.us
Date: Wed, 2 Sep 2009 08:43:04 -0600
Subject: RE: LAWLEY RE -4922 Letter
Good morning Mark
The request is not in fact due to a condition of approval for the Recorded Exemption, per se. The Recorded Exemption
was approved pending your request to vacate out the 80 acre tract of land associated with the Lawley Estates PUD. To
facilitate that request, the RE was submitted to County for processing.
Review of the plat, see attached, indicates that the large lot is zoned E Estate. I have copied Bruce, for discussion, as a
new Change of Zone plat will be required, but to process I am uncertain if a "Corrected" plat could be utilized or an
amendment to amend out the 80 acre Lot S parcel.
I will follow-up when I know more. Thanks, Kim
From: Mark Lawley [mailto:mlawleyl@msn.com]
Sent: Tuesday, September 01, 2009 7:04 PM
To: Kim Ogle
Subject: LAWLEY RE -4922 Letter
DEPARTMENT OF PLANNING SERVICES
Kim Ogle
918 10th Street
Greeley, Colorado 80631
RE: RE -4922
Dear Mr. Ogle,
Please consider this an official request to vacate the 80 acre agricultural lot for the Lawley Estates PUD as
condition of approval of RE -4922. This property was previously reviewed for a Change of Zone via PZ-
1
1043. The Final Plat was staff appf6ved on August 6, 2008. The Final Plats not been submitted for
recording.
In addition, as part of approval of RE -4922 we are requesting that the change of zone plat be amended to
reflect agricultural zoning on the 80 acre lot. As you know, we have already submitted copies of the
change of zone and Final Plat that reflects the amendment we are requesting in order to comply with the
county requirements.
Finally, I believe it is important to mention that there will be no change to the number or size of buildable
lots already approved as part of PZ-1043.
If you have question or comments please feel free to contact me.
Sincerely,
Sherry Lawley
Best regards,
Mark'A. Lawley
Mlawlevl@msn.com
2
•
,)A c,1
Record New Plat
Step 3. New Final Plat application with Associated Fees
Board of County Commissioners Hearing
Thomas Honn
From:
Sent:
To:
Cc:
Tom
Kim Ogle
Wednesday, December 03, 2008 4:36 PM
Thomas Honn
David Bauer
Review of the request from Mark and Sherry Lawley concerning the Lawley PUD, case number
PZ-1043, to amend out Lot 4 from the subdivision would require the following actions:
Step 1: Apply for and be approved for a Recorded Exemption to legally divide Lot 4 (80
acres minimum) from the 8 -Lot subdivision (34.9 acres maximum) with Associated Fees
Record New Plat
(oco
GAS 4 V . C
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Step 2: Board of County Commissioners hearing to request
Amend out Lot 4 of the Change of
Amend internal roadway pv91 back
Amend Legal Description, now Lot
Record New Plat, pay plat fees
P0134 tiA
consideration to:
Zone Plat — 18481
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A of new RE
of w ( o2 X14 ir
wI ntyw cantvrugli.s►.
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Utility Board Review
On -Site and Off -Site Improvements Agreement(s)
Post Collateral - On -Site and Off -Site Improvements
Proportional Share CR 55 per BCC Resolution
l5cb
Kim Ogle I Planning Manager
T: 970.356.4000 x 3549 I F: 970 304 6498
weld County Planning Services - Greeley Office
918 Tenth Street I Greeley CO 80631 I kogle@co.weld.co.us cmailto:kogle@co.weld.co.us>
<mailto:kogle@co.weld.co.us>
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APPLICATION FLOW SHEET
APPLICANT: Sherry Lawley
CASE #: RE -4922
REQUEST: Two -Lot Recorded Exemption
LEGAL: Lot B of RE -3581 being part of SE4 of Section 4, T6N, R64W of the 6th P.M.,
Weld County Colorado.
LOCATION: North of and adjacent to CR 72 and west of and adjacent to CR 55
PARCEL ID #: 0801 04 400036 ACRES: 110.6 +/- Acres
Date
B
Application Received
Application Completed
04/27/09
KO
Referrals listed
04/27/09
KR
Vicinity map prepared
04/27/09
KR
File assembled
'-{/d rib"'
Ki
Case logged in computer
Letter to applicant mailed
7_
2_
Referrals mailed
Field check by DPS staff
Administrative Review decision:
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 Art ✓$e O
Overlay Districts
Zoning PUD w/Estate Zone uses
MUD
IGA
Airport
Geologic
Flood Hazard
Yes No_x_
Yes No_x_
Yes No_x_
Yes No_x_
Yes No_x_
O.6atie
B
y
RECORDED EXEMPTION (RE) APPLICATION
FOR PLANNING DEPARTMENT USE DATE RECEIVED
RECEIPT/AMOUNT # Is CASE # ASSIGNED.
APPLICATION RECEIVED BY PLANNER ASSIGNED- -1R1
Parcel Number 0 L7 ( - ('1 Cj L/ - C) 0 O 3_ ('
(12 digit number - found on Tax I.D. information, obtainable at the Weld County Assessors Office, or 7/ W co_we!4.c2 us,
Legal Description Portion of the SE1/4 of , Section 4 , Township6fy North, Range64 West
Has the property been divided from or had divided from it any other property since August 30, 1972? Yes X No
Is this parcel of land, under consideration, the total contiguous land owned by the applicant?
FEE OWNER(S) OF THE PROPERTY:
Name: Sherry Lawley
Work Phone # 970-454-2468 Home Phone # 970-454-2468 Email Address Sherrylawley11@msn.com
Address: 26658 WCR /v
City/State/Zip Code Eaton, CO 80615
YesX No
APPLICANT OR AUTHORIZED AGENT (See Below: Authorization must accompany all applications signed by Authorized Agent)
Name: Sherry Lawiey
Work Phone # 970-454-2468
Address- 26658 WCR 74
City/State/Zip Code Eaton, CO 80615
Home Phone # 970-454-2468
Email Address Sherrylawleyl)@msn.com
Lot A
Smaller Parcel
Lot B
Lot C
Lot D
Water Source
North Weld Water Dist
North Weld Water Dist
Type of Sewer
Septic
Septic
Proposed Use
Agriculture
Agriculture
Acreage
29.97 acres
84.31 acres
Existing Dwellings?
If Yes, list address
below:
NOo2OS73 (deli,
If Yes, list address
below: /
NO „2,&,' 7/ a('/c2
If Yes, list address
below:
If Yes, list address
below:
I (We) request that the following described property be designated a Recorded Exemption by the Weld County
Board ofCountyCommissioners. I (We) hereby depose and state under penalties of perjury that all statements,
proposals, and/or plans submitted with or contained within the application are true and correct to the best of my
(our)knowledge. Signatures of all fee owners of property must sign this application. If an Authorized Agent signs, a
letter of authorization from/all fee owners must be included with the application. If a corporation is the fee owner,
notarized evidence must be inclu showing the signatory has to legal authority to sign for the corporation.
/CA ir
Signature: Own@r oaCuthorized Agent ate Signature: Owner or Authorized Agent Date
(
w
RECORDED EXEMPTION (RE) QUESTIONNAIRE
Please type or print your responses to the following questions on a separate sheet of paper.
1. Water supply statements addressing the following:
a. Domestic use. The statement will include evidence that a water supply of sufficient quality,
quantity and dependability will be available to serve all proposed lots. A letter from a water
district, municipality, or a well permit are examples of evidence for domestic use. (Example -
(Water will be provided by the 123 Water Company, a tap agreement has been purchased and a
copy of the receipt is attached,( or (Water will be provide by a well (Well Permit # 12345 is
attached.()
Water will be supplied by the North Weld County Water District. Please see signed letter of commitment.
b. Irrigation water. The statement will include the type and quantity of irrigation water to the site,
whether irrigation water has been removed from the site and, if so, when. (Example - (Four (4)
shares of ABC Ditch Company Water will remain with the site, a copy of the purchase agreement
addressing this item is attached,( or (The parcel was purchased with no water rights.()
The parcel was purchased with no water rights
2. A statement explaining that the proposed lots will have an adequate means for the disposal of
sewage in compliance with the requirements of the underlying zone district and the Weld County
Department of Public Health and Environment. A copy of the septic permit or a letter from the
sewage disposal facility must accompany the application. (Example - (Sewer service will be
provided by Anytown Sewer and a(Commitment to serve( letter from Any town is attached.( or
(An engineered Septic system will be designed, constructed and permitted according to Weld
County ISDS requirements.( or (A copy of the existing Septic Permit and appropriate copies
(#123456789) are included with the application.()
The proposed lots will be served by septic systems. Please see attached documentation.
3. A description of how the property is being used. When the parcel(s) is located in the agricultural
zone district, the number and types of livestock and any existing improvements such as the
principal residence, labor home, mobile home, manufactured home, barn, outbuildings, and
oil/gas well production facilities on the property. If the property is being farmed the location of any
pivot sprinklers and irrigation ditches as well as types of crops being produced. (Example - (The
parcel has one farmhouse, one mobile home for the hired hand (permitted under Mobile Home
Permit # ZPMH-123), two barns, a one loafing shed. The north half is currently used for pasture
for approx. One hundred head of cattle and six to ten horses. There is an oil and gas well head
and tank battery in the northeastern corner. The south half of the property is flood irrigated and
currently planted in alfalfa.() A description of the location, size, present and future use of the area
where the proposed new lot(s) will be created. (Example - "The new lot will be approx five acres
in size and located west of and adjacent to CR._ and the north boundary of the property. It is
being created to be sold for a single family dwelling site.")
The land is dry land pasture, minimal grazing occurs with a maximum of 6 animal units at a time The new
lot A will be 29.97 acres the new lot B will be will be 84.31 acres. Please see map.
a M
4. A statement describing any unique physical characteristics on the site, if applicable such as rock
outcroppings, hills, ditches. (Example - (The ABC ditch runs diagonally across the southeastern
quarter of the property.()
The Nazarenus Ditch Run North to South through the property, Please see map.
5. A statement indicating where a primary building envelope and/or alternative building envelope will
be designated on any of the lots. Building envelopes may not be necessary on lots that are
smaller than thirty-five acres. The Department of Planning Services reserves the right to
recommend building envelopes on smaller acreage. (Example - (No building envelopes are
requested()
No building envelopes are requested
6. Is there a Business or Use by Special Review permit on the property? If so, will it be vacated or
remain on the Recorded Exemption lot(s)? (Example - (USR 1234 for my concrete business will
be vacated as I am retiring. My son is moving the business and equipment to his property outside
of Weld County.()
There are no USRs on the property, or any other type of business.
Weld County Treasure
tatement of Taxes Du
Account Number R2708304 Parcel 080104400036
Assessed To LAWLEY SHERRY
26658 CR 74
EATON, CO 80615
Legal Description
PT SE4 04-06-64 LOT B REC EXEMPT RE -3581 (1.5D2.19R)
Situs Address
Year
2008
Charges
Tax
Billed
$22.15
Payments
$22.15
Balance
$0.00
Grand Total Due as of 03/18/2009
$0.00
Tax Billed at 2008 Rates for Tax Area 3865 - 3865
Authority
WELD COUNTY
SCHOOL DIST RE2
NORTHERN COLORADO WATER (NC
GALETON FIRE
AIMS JUNIOR COL
HIGH PLAINS LIBRARY
Taxes Billed 2008
* Credit Levy
Mill Levy
16.804000*
30.149000
1.000000
4.000000•
6.323000
3.260000
Amount Values
$6.04 AG -GRAZING LAND
$10.86 Total
$0.36
$1.44
$2.28
$1.17
61.536000 $22.15
Actual Assessed
$1,243 $360
$1,243 $360
ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE LIENHOLDER OR TO
ADVERTISING AND DISTRAINT WARRANT FEES.
CHANGES MAY OCCUR AND THE TREASURER'S OFFICE WILL NEED TO BE CONTACTED PRIOR TO REMITTANCE AFTER THE FOLLOWING
DATES: PERSONAL PROPERTY AND MOBILE HOMES -AUGUST 1, REAL PROPERTY - AUGUST 1.
Weld County Treasurer
P.O. Box 458, Greeley CO 80632
1400 N 17th Ave, Greeley CO 80631
(970) 353-3845 ext. 3290
WELD COUNTY TREASURER
Pursuant to the Weld County Subdivision Ordinance, the attached Statement(s) of Taxes
Due, issued by the Weld County Treasurer, are evidence that, as of this date, all property taxes,
special assessments and prior taxes liens currently due and payable connected with the parcel(s)
identified therein have been paid in full.
Sign
Date
"big/1/47
REFERRAL LIST
Name: Sherry Lawley II
County Towns & Cities
_Attorney Ault
x Health Department _Berthoud
_Extension Office _Brighton
Emergency Mgt Office - Ed Herring _Dacono
_Sheriffs Office _Eaton
x Public Works Erie
_Housing Authority _Evans
_Airport Authority _Firestone
x Building Inspection _Fort Lupton
x Code Compliance Ann _Frederick
Kim Ogle (Landscape Plans) _Garden City
_Lin (Addressing Change of Zone) _Gilcrest
Ambulance Services Greeley
State
_Div. of Water Resources
Geological Survey
_Department of Health
_Department of Transportation
Historical Society
Water Conservation Board
Oil & Gas Conservation Commission _Mead
Milliken
New Raymer
Northglenn
Nunn
Pierce
Platteville
Severance
Thornton
Windsor
Division of Wildlife
_South Hwy 66 (Loveland)
x North Hwy 66 (Greeley)
Division of Minerals/Geology
Soil Conservation Districts
Big Thompson/ FTC
Boulder Valley/Longmont
_Brighton/SE Weld
Centennial
_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
Grover
Hudson
Johnstown
_Keenesburg
Kersey
LaSalle
Lochbuie
_Longmont
Counties
Adams
Boulder
Broomfield
Larimer
Other
x School District RE -2
x NWCWD
x Petroleum Dev. Corp
x Nazarenus Ditch Co.
Art Elmquist (MUD Area)
ape #: RE -4922
Fire Districts
Ault F-1
Berthoud F-2
Briggsdale F-24
Brighton F-3
Eaton F-4
_Fort Lupton F-5
Frederick
x Galeton F-6
Hudson F-7
Johnstown F-8
LaSalle F-9
Mountain View F-10
Milliken F-11
Nunn F-12
Pawnee F-22
Platteville F-13
_Platte Valley F-14
Poudre Valley F-15
_Raymer F-2
Southeast Weld F-16
_Union Colony F-20
Wiggins F-18
Windsor/Severance F-17
Commissioner
S
i
Name: CrIL(ica
County
_Attorney
X Health Department
_Extension Office
_Emergency Mgt Office - Ed Herring
Sheriffs Office
pc Public Works
_Housing Authority
_Airport Authority
X Building Inspection
)C Code Compliance ,N. -Ann _S -Beth
Kim Ogle (Landscape Plans)
_Lin (Addressing Change of Zone)
Ambulance Services
State
Div. of Water Resources
_Geological Survey
_Department of Health
_Department of Transportation
_Historical Society
_Water Conservation Board
Oil & Gas Conservation Commission
Division of Wildlife
_South Hwy 66 (Loveland)
�( North Hwy 66 (Greeley)
Division of Minerals/Geology
Soil Conservation Districts
Big Thompson/ FTC
_Boulder Valley/Longmont
_Brighton/SE Weld
Centennial
_Greeley/West Greeley
_Platte Valley
West Adams
_Little Thompson
Federal Government Agencies
_US Army Corps of Engrs
_USDA -APHIS Vet Service
Federal Aviation Admin (Structures
over 200 ft or w/in 20000 ft of Pub
Airport
Federal Communications Comm
REFERRAL LIST
Towns & Cities
Ault
Berthoud
_Brighton
Dacono
Eaton
Erie
_Evans
Firestone
_Fort Lupton
Frederick
_Garden City
Gilcrest
_Greeley
Grover
Hudson
Johnstown
Keenesburg
Kersey
LaSalle
Lochbuie
_Longmont
Mead
Milliken
_New Raymer
_Northglenn
Nunn
Pierce
Platteville
Severance
Thornton
Windsor
Counties
Adams
Boulder
Broomfield
Larimer
Other
)CSchool District RE -,71-,
Central Colo. Water Conservancy Dist
_RR
Ditch Company, N1 Cthtfl m Li*t
_Art Elmquist (MUD Area)
xNutWD
LL Pao I I)4 P
Commissioner
Case#:
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-1 3
_Platte Valley F-14
_Poudre Valley F-15
Raymer F-2
Southeast Weld F-16
_Union Colony F-20
_Wiggins F-18
Windsor/Severance F-17
Legal tot f e) 12c- $ifs/
Parcel ID#flf)I b4 4-pfOSlo
Zone Pig) (et*. Acres? I/O. ro
USDA Fl urk-Y 1A''.
Airport /V(C)
Geo Haz NO
FP? AID Panel #
IGA? No ORD #
MUD? Kit)
_J
C12?c
7
5
ier\s‘r •
lURe
COLORADO
Weld County Referral
April 27, 2009
The Weld County Department of Planning Services has received the following item for review:
Applicant Sherry Lawley Case Number RE -4922
Please Reply By May 27, 2009 Planner Kim Ogle
Project Two -Lot Recorded Exemption
Legal Lot B of RE -3581 being in part of SE4 of Section 4, T6N, R64W of the 6th P.M.,
Weld County, Colorado.
Location North of and adjacent to CR 72 and west of and adjacent to CR 55. For a more
precise location, see legal.
Parcel Number 0801 04 400036
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.
❑�Ye have reviewed the request and find that it does /does not comply with our Comprehensive Plan
4 We have reviewed the request and find no conflicts with our interests.
❑ See attached letter.
❑ Please notify me of any public hearings regarding this request.
r nmments• �; .a v'' 'ea !'/%/%%�%LC 1`T7 Qnd C '��
hO (/`tj� 71.4-415 L�i4%Cf �%�l YCt /
gc2c
Signature
Agency
an
Date
,Weld County Planning Dept. ❖918 10th Street Greeley, CO. 80631 ❖(970) 353-6100 ext.3540 ❖(970)304-6498 fax
J
CR 74
c)
XI
N
W
c)
XI
N
N
CR12
J
ri
1
V
COLORADO
•
ni ig DePartmeWe/d County Referral
SE:i_iJ[i OFFICE
rid 12009
RECEIVED
April 27, 2009
The Weld County Department of Planning Services has received the following item for review:
Applicant
Please Reply By
Project
Legal Lot B of RE -3581 being in part of SE4 of Section 4, T6N, R64W of the 6th P.M.,
Weld County, Colorado.
Sherry Lawley
May 27, 2009
Two -Lot Recorded Exemption
Case Number RE -4922
Planner Kim Ogle
Location North of and adjacent to CR 72 and west of and adjacent to CR 55. For a more
precise location, see legal.
Parcel Number 0801 04 400036
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
141 We have reviewed the request and find no conflicts with our interests.
❑ See attached letter.
❑ Please notify me of any public hearings regarding this request.
f:nmments.
Signature
Agency
1318b,),04 ri 11 /! i/ d 4
CACJO
Date
+Weld County Planning Dept. +918 10th Street Greeley, CO. 80631 ❖(970) 353-6100 ext.3540 ❖(970)304-6498 fax
fi=t.,,�k�
COLORADO
•
Weld County Referral
APR 3 0 2009
April 27, 2009
The Weld County Department of Planning Services has received the following item for review:
Applicant
Please Reply By
Project
Legal Lot B of RE -3581 being in part of SE4 of Section 4, T6N, R64W of the 6th P.M.,
Weld County, Colorado.
Sherry Lawley
May 27, 2009
Two -Lot Recorded Exemption
Case Number RE -4922
Planner Kim Ogle
Location North of and adjacent to CR 72 and west of and adjacent to CR 55. For a more
precise location, see legal.
Parcel Number 0801 04 400036
The application is submitted to you for review and recommendation. Any comments or recommendation you
consider relevant to this request would be appreciated. Please reply by the above listed date so that we may
give full consideration to your recommendation. Any response not received before or on this date may be
deemed to be a positive response to the Department of Planning Services. If you have any further questions
regarding the application, please call the Planner associated with the request. Please note that new
information may be added to applications under review during the review process. If you desire to
examine or obtain this additional information, please call the Department of Planning Services.
❑ We have reviewed the request and find that it does / does not comply with our Comprehensive Plan
❑ We have reviewed the request and find no conflicts with our interests.
?see attached letter.
Please notify me of any public hearings regarding this request.
Comments
Signature
Agency
S^/2.O7
Date
+Weld County Planning Dept. ❖918 10th Street Greeley, CO. 80631 ❖(970) 353-6100 ext.3540 ❖(970)304-6498 fax
•
*old County Planning Department
GREELEY OFFICE
111Ilk
COLORADO
,.nip 7 9 2nrI .
MEMORANDUM CI'
D
TO: Kim Ogle, Planning Services DATE: May 13, 2009
FROM: Donald Carroll, Engineering Administrator I
SUBJECT: RE -4922, Sherry Lawley
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:
Weld County Road Classification Plan (FHU): (June 2002)
WCR 72 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.
WCR 55 is a local gravel road with full depth dust management 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.
REQUIREMENTS:
Utilize the existing agricultural, oil and gas, and ditch roads that are necessary for your agricultural operation.
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 other vegetation, other than grasses, need 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).
On the RE application, Lot A proposed use is agricultural not A PUD or subdivision, clarification is required.
pc: RE -4922 file
M:\PLANNING — DEVELOPMENT REVIEW\RE-Recorded Exemption\RE-4922. DOC
• .
WELD COUNTY ROAD ACCESS INFORMATION SHEEl
Weld County Department of Public Works
111 H St PO Box 758 Greeley CO 80632
SS T Z 5-- Phone: (970 )356-4000 x3750 Fax: (970) 304-6497
Road File #: Date'/2- -o
RE #: : 49;1-- Other Case #:
1. Applicant Name S ki Pay La&u /P y Pnone 770 -94 y- a1/4-1/., te
Address . L L1. J P. (r.S C IC _7 `( City 5 4I° 3 State Co Zip p 0 IA.f S
2. Address or Location of Access
Section "l Township b A4 Range 6 4 GJ Subdivision Block Lot
Weld County Road # S--> Side of Road GJc.)J i Distance from nearest intersection %7 Al
3. Is there an existing access to the property? Yes y No # of Accesses 7
4. Proposed Use:
( Permanent Residential/Agricultural ( Industrial
( Temporary Subdivision ( Commercial ( Other
5. Site Sketch
Legend for Access Description:
AG = Agricultural
RES = Residential
O&G = Oil & Gas
D.R. = Ditch Road
El = House
O = Shed
A = Proposed Access
+ = Existing Access
OFFICE USE ONLY:
/1'
Road ADT Date Accidents Date
Road ADT Date Accidents Date
Drainage Requirement Culvert Size Length
Special Conditions
Installation Authorized n Information Insufficient
Reviewed By: Title -
P(
!i County Planning Departmad
GREELEY OFFICE
044
WE�YG
COLORADO
nqg
Memorariai
UiE®
TO: Kim Ogle, W.C. Planning
DATE: May 28, 2009
FROM: Mary Cavnah, W.C. Department of Public
Health and Environment
CASE NO.: RE -4922 NAME: Lawley
Environmental Health Services has reviewed this proposal to exempt 29.97 acres from
a 114.28 acre site. Proposed lot A will consist 29.97 acres and proposed lot B will
consist of 84.31 acres. Both proposed lots are currently vacant and will be served by
individual sewage disposal systems and North Weld County Water District when
residences are constructed.
The following conditions are recommended to be part of any approval:
1. A Weld County Septic Permit is required for the proposed home septic system(s)
and shall be installed according to the Weld County Individual Sewage Disposal
Regulations. Please note, the lot owners shall verify with the nearest Town/City
or Sanitation District to determine the location of the nearest sewer line. In
accordance with the Weld County Code, if a sewer line exists within 400 feet of
the property and the sewer provider is willing to serve the proposed structure, a
septic permit cannot be granted by the Weld County Department of Public Health
and Environment.
404tft
WF�YG
COIgRADO
•
Weld County Referral
April 27, 2009
The Weld County Department of Planning Services has received the following item for review:
Applicant
Please Reply By
Project
Sherry Lawley
May 27, 2009
Two -Lot Recorded Exemption
Case Number RE -4922
Planner Kim Ogle
Legal Lot B of RE -3581 being in part of SE4 of Section 4, T6N, R64W of the 6th P.M.,
Weld County, Colorado.
Location North of and adjacent to CR 72 and west of and adjacent to CR 55. For a more
precise location, see legal.
Parcel Number 0801 04 400036
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.
ee attached letter.
❑ Please notify me of any public hearings regarding this request.
Comm ents•
Signature
Agency
Date
it j'ao9
(•Weld County Planning Dept. @918 10th Street Greeley, CO. 80631 +(970) 353-6100 ext.3540 ❖(970)304-6498 fax
• •
COLORADO
DEPARTMENT OF PLANNING and BUILDING SERVICES
Weld County Administrative Offices
918 10th Street
Greeley CO 80631
WEBSITE: www.co.weld.co.us
Phone (970) 353-6100, Ext. 3575
Applicant: Sherry Lawley May 11, 2009
Case Number: RE -4922
Project: Two -Lot Recorded Exemption
Legal: Lot B of RE -3581 being in part of SE4 of Section 4, T6N, R64W of the 6th P.M. Weld
County, Colorado.
Location: North of and adjacent to CR 72; and west of and adjacent to CR 55.
Parcel Number: 0801 04 400036
There are two permits on record for this parcel.
Prior to the start of construction, alterations or change of occupancy;
1 A building permit application must be completed, and two complete sets plans including
engineered foundation plans, stamped and signed by a registered State of Colorado engineer
shall be required.
2 A plan review must be approved and permit must be issued prior to the start of construction.
3 Setback and offset distances shall be determined by the 2006 International Building Code and
Chapter 23 of the Weld County Code (Offset and setback distances are measured from the
farthest projection from the structure).
4 Buildings located within a 100 year flood plain require a Flood Hazard Development Plan.
5 A letter is required from the fire district to ascertain if a FPD permit is required.
Sincerely,
Robert Powell
Plans Examiner II
Service, Teamwork, Integrity, Quality
5-28-09; 7: o1AM: Eaton SI
a
ari
COLORADO
Dist.
# 2/ 3
•
RECEIVED APR 2 9 2009
Weld County Referral
April 27, 2009
The Weld County Department of Planning Services has received the following item for review:
Applicant Sherry Lawley
Please Reply By May 27, 2009
Project Two -Lot Recorded Exemption
Case Number RE -4922
Planner Kim Ogle
Legal Lot B of RE -3581 being in part of SE4 of Section 4, T6N, R64W of the 6th P.M.,
Weld County, Colorado,
Location North of and adjacent to CR 72 and west of and adjacent to CR 55. For a more
precise location, see legal.
Parcel Number 0801 04 400036
The application is submitted to you for review and recommendation. Any comments or recommendation you
consider relevant to this request would be appreciated. Please reply by the above listed date so that we may
give full consideration to your recommendation. Any response not received before or on this date may be
deemed to be a positive response to the Department of Planning Services. If you have any further questions
regarding the application, please call the Planner associated with the request. Please note that new
information may be added to applications under review during the review process. If you desire to
examine or obtain this additional information, please call the Department of Planning Services.
❑ We have reviewed the request and find that it does /does not comply with our Comprehensive Plan
0 We have reviewed the request and find no conflicts with our interests.
XI See attached letter.
❑ Please notify me of any public hearings regarding this request.
f:nmments-
Signature
Agency
kvat: wJt S\i tkvTittiaVM
CA-ro•v SCHOOL t 4-raxvr 4 t
S 1 t4os
Date
+Weld County Planning Dept. +91810t Street Greeley, CO. 80631 4(970) 353-6100 ext.3540 +(970)304.6498 fax
5-28-09; 7:01AM;Eaton 551 Dist.
-9704545193 # 3/ 3
EATON SCHOOL DISTRICT RE -2
Dr. Randy Miller
Superintendent
(970) 454-3402
(970) 454-5193 Fax
May 28, 2009
Kim Ogle
Weld County Planning Department
918 10th Street
Greeley, CO 80631
RE: Sherry Lawley
Recorded Exemption RE -4922
200 Park Avenue
Eaton, Colorado 80615
Kim Ogle:
We have reviewed the above applicant's request. The Eaton School District has
a process in place addressing growth within the District.
The School District has adopted a methodology to determine a cash -in -lieu
payment for residential development within the District in order to provide
adequate educational opportunities as a result of that development.
The cash -in -lieu payment is $1,043 for this recorded exemption. Payment should
be hand delivered or mailed to Eaton School District, 200 Park Avenue, Eaton,
Colorado 80615. A receipt will be mailed to the applicant and a copy to the Weld
County Planning Department.
Please contact me if you have any questions.
Sincerely,
Timothy Unrein
Assistant Superintendent Business Services
Eaton School District RE -2
Enc.
Date Paid
Amount
Check #
Received By
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WELD COUNTY ROAD ACCESS INFORMATION SHEt I
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 ShParty Lu.0It) t' Pnone 570-LIJy-2-ILN
Address :al...tn.i P. (-3 CIL .7`( City �PPoto State Co Zip hofxl S
2. Address or Location of Access
Section ( Township (o /4 Range (u 4 Ai Subdivision Block Lot
Weld County Road #: S Side of Road llr"1 i Distance from nearest intersection ),-7/2 • /9
3. Is there an existing access to the property? Yes jl No # of Accesses 7
4. Proposed Use: rr
( Permanent ((Residential/Agricultural ( Industrial
( Temporary ( Subdivision ( Commercial ( Other
5. Site Sketch
Legend for Access Description:
AG = Agricultural
RES = Residential
O&G = Oil&Gas
D.R. = Ditch Road
❑ = House
O = Shed
A = Proposed Access
+ = Existing Access
OFFICE USE ONLY:
Road ADT Date Accidents Date
Road ADT Date Accidents Date
Drainage Requirement Culvert Size Length
Special Conditions
Installation Authorized Information Insufficient
Reviewed By: Title-
•
I LandAmerica`
1295 Main Street, Bldg. 1
Windsor, CO 80550
PHONE: 970-686-0867
FAX: 970-686-0883
•
COMMITMENT NO.: TNWS0000939
PROPERTY: 0
, CO
SELLER: Sherry Lawley
BUYER:
DATE: May 24, 2006
We appreciate the opportunity to be of service to you. Please contact the above if you have any questions
concerning this transaction.
SELLER(S):
Sherry Lawley
26658 WCR 74
Eaton, CO 80615
Phone: (970) 454-2468
•
IN LandAmerica`
Dear LandAmerica Customer:
•
PRIVACY POLICY NOTICE
The Financial Services Modernization Act recently enacted by Congress has brought many changes to
the financial services industry, which includes insurance companies and their agents. One of the
changes is that we are now required to explain to our customers the ways in which we collect and
use customer information.
The statement attached to or on the reverse side of this letter is the privacy policy of the
LandAmerica family of companies. The three largest members of the family - Commonwealth Land
Title Insurance Company, Lawyers Title Insurance Corporation, and Transnation Title Insurance
Company - may issue policies and handle real estate closings in virtually every part of the country. A
number of other companies in the family provide other real estate services, and some operate more
locally. You may review a list of LandAmerica companies on our website (www.landam.com). You
may also visit our website for an explanation of our privacy practices relating to electronic
communication.
Our concern with the protection of your information has been a part of our business since 1876,
when the company that is now Commonwealth Land Title Insurance Company issued its first policy.
We will continue to protect the privacy, accuracy, and security of customer information given to us.
No response to this notice is required, but if you have questions, please write to us:
LandAmerica Privacy
P.O. Box 27567
Richmond, VA 23261-7567.
LandAmerica Comnanies
Title Insurance Companies: Commonwealth Land Title Insurance Company, Commonwealth Land Title Insurance Company of
New Jersey, Industrial Valley Title Insurance Company, Land Title Insurance Company. Lawyers Title Insurance Corporation,
Title Insurance Company of America, Transnation Title Insurance Company, Transnation Title Insurance Company of New
York
Relocation and Mortgages' Commonwealth Relocation Services, CRS Financial Services, Inc., LandAmerica Account Servicing,
Inc.
Title Agents: Austin Title Company, ATACO, Inc., Albuquerque Title Company, Atlantic Title & Abstract Company, Brighton
Title Services Company, Capitol City Title Services, Inc., CFS Title Insurance Agency, Charleston Title Agency; Charter Title
Company of Fort Bend, Galveston, and Sugarland; Commercial Settlements, Inc., Commonwealth Land Title Company;
Commonwealth Land Title
Company of Austin, Dallas, Fort Worth, Houston, Washington, Congress Abstract Corp., Cornerstone Residential Title,
Cumberland Title Company, First Title & Escrow, Inc., Gulf Atlantic, Harbour Title, HL Title Agency, Lawyers Title Company;
Lawyers Title of Arizona, El Paso, Galveston, Nevada, Pueblo, San Antonio, Lawyers Title Settlement Company, Lion Abstract,
Longworth Insured,
Louisville Title Agency of Central Ohio, Lorain County Title Company, M/I Title Agency, NIA7 Lawyers Title Agency, Oregon
Title, Park Title, Partners Title Company, Pikes Peak Title Services, RE/Affirm Title Agency, Rainier Title Company, Residential
Abstract, Residential Title, Rio Rancho Title, Texas Title Company, Title Transfer Service, Inc., TransOhio Residential Title
Agency, Transnation Title & Escrow, Union Title Agency, University Title Services, Wilson Title Company
Appraisals and Ancillary Services: LandAmerica OneStop, Inc.
LANDAMERICA PRIVACY POLICY
What kinds of information we collect. Most of LandAmerica's business is title insurance, but there are
companies in our family that provide other real estate services to consumers. We collect information
about you, (for instance, your name, address, telephone number), and information about your
transaction, including the identity of the real property that you are buying or financing. We obtain a
copy of any deeds, notes, or mortgages that are involved in the transaction. We may get this
information from you or from the lender, attorney, or real estate broker that you have chosen. Our
title insurance companies then obtain information from the public records about the property so that
we can prepare a title insurance policy. When we provide closing, escrow, or settlement services,
mortgage lending, or mortgage loan servicing, we may get your social security number, and we may
receive additional information from third parties including appraisals, credit reports, land surveys,
escrow account balances, and sometimes bank account numbers to facilitate the transaction. If you
are concerned about the information we have collected, please write to us.
How we use this information. The company giving or specifically adopting this notice does not share
your information with marketers outside its own family. There's no need to tell us to keep your
information to ourselves because we share your information only to provide the service requested by
you or your lender, or in other ways permitted by law. The privacy laws permit some sharing without
your approval. We may share internally and with nonaffiliated third parties in order to carry out and
service your transaction, to protect against fraud or unauthorized transactions, for institutional risk
control, and to provide information to government and law enforcement agencies. Companies within
a family may share certain information among themselves in order to identify and market their own
products that they think may be useful to you. Credit information about you is shared only to
facilitate your transaction or for some other purpose permitted by law.
How we protect your information. We restrict access to nonpublic personal information about you to
those employees who need the information to provide products or services to you. We maintain
physical, electronic, and procedural safeguards that comply with law to guard your nonpublic
personal information. We reinforce the company's privacy policy with our employees.
Agents that may be covered by this policy. Often, your transaction goes through a title insurance
agent. Agents that are part of the LandAmerica family are covered by this policy. Agents that are
not part of the LandAmerica family may specifically, in writing, adopt our policy statement.
Transnation Title Insurance Company
COMMITMENT FOR TITLE INSURANCE
Schedule A
1. Effective Date: May 16, 2006 at 7:00 am Commitment No.: TNWS0000939
2. Policies to be issued: Amount
Proposed Insured:
Informational Report
3. The estate or interest in the land described or referred to in this Commitment and
covered herein is Fee Simple and Title to the estate or interest in the land is vested in:
Sherry Lawley
4. The land referred to in this Commitment is described as follows:
Lot B of Recorded Exemption No. 0801-4-4 RE -3581, recorded October 30, 2003 at Reception No. 3122192,
being a part of the Southeast 1/4 of Section 4, Township 6 North, Range 64 West of the 6th P.M., County of
Weld, State of Colorado.
Premiums and Fees:
$750.00 Informational Report
NOTE: Based on the information provided for the application of this commitment, the premiums and fees stated herein represent
the qualifying applicable filed rates and/or available discounted programs. Please contact us should you have any questions
regarding any of these charges.
tregared By: Sean Stevens
Commitment No. TNWS00009.
SCHEDULE B - SECTION 1
REQUIREMENTS
The following are the requirements to be complied with prior to the issuance of said policy or policies. Any
other instrument recorded subsequent to the date hereof may appear as an exception under Schedule B o
the policy to be issued. Unless otherwise noted, all documents must be recorded in the Office of Clerk and
Recorder of the county in which said property is located.
NOTE: Pursuant to Senate Bill 91-14 (C.R.S. 10-11-122) the Company will not issue its policy or policies
of title insurance contemplated by this commitment until it has been provided a Certificate of Taxes Due O1
other equivalent documentation from the County Treasurer or the County Treasurer's authorized agent; or
until the proposed insured has notified or instructed the Company in writing to the contrary.
NOTE: Effective September 1, 1997, C.R.S. 30-10-406 requires that all documents received for recording
or filing in the Clerk and Recorder's office shall contain a top margin of at least one inch and a left, right
and bottom margin of at least one-half inch. The Clerk and Recorder may refuse to record or file any
document that does not conform.
NOTE: This commitment has been issued for information purposes only and there are no
requirements. The liability of the Company in terms of this Commitment is limited to the charges
paid for the Commitment.
Commitment No. TNWS00009
SCHEDULE B - SECTION 2
EXCEPTIONS
The Policy or Policies to be issued will contain exceptions to the following unless the same are
disposed of to the satisfaction of the Company:
1. Rights or claims of parties in possession not shown by the public records.
2. Easements, or claims of easements, not shown by the public records.
3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments and any facts which a
correct survey and inspection of the premises would disclose and which are not shown by the
public records.
4. Any lien or right to a lien, for services, labor or material heretofore or hereafter furnished,
imposed by law and not shown by the public records.
5. Any and all unpaid taxes and assessments.
6. Any interest which may have been acquired by the public in the 30 feet of subject property by
reason of resolution of Board of County Commissioners recorded October 14, 1889 in Book 86 at
Page 273, which provides for public roads 30 feet on each side of section lines on the public
domain.
7. Reservation of right of way for any ditches or canals constructed by authorib,/ of the United
States, in U.S. Patent recorded February 16, 1921 in Book 511 at Page 488.
8. Terms, agreements, provisions, conditions obligations and
easements as contained in Right -of -
Way and Easement Agreement, recorded July 22, 2002 at Reception No. 2970917.
9. Terms, agreements, provisions, conditions, obligations, nazarenus lateral ditch and easements as
contained in Recorded Exemption No. 0801-4-4 RE -3581, recorded October 30, 2003 at Reception
No. 3122192.
10. Oil and gas lease between Sherry Lawley and Petroleum Development Corporation recorded
August 11, 2004 at Reception No. 3208264, and any interests therein or rights thereunder.
NOTE: Extension of the above lease as claimed by affidavit of Production, pursuant to C.R.S. 38-
42-106, by Petroleum Development Corporation, a Nevada corporation, recorded March 14, 2005
at Reception No. 3268374.
NOTE: Extension of the above lease
42-106, by Petroleum Development
at Reception No. 3268375.
NOTE: Extension of the above lease
42-106, by Petroleum Development
at Reception No. 3268376.
as claimed by affidavit of Production, pursuant to C.R.S. 38 -
Corporation, a Nevada corporation, recorded March 14, 2005
as claimed by affidavit of Production, pursuant to C.R.S. 38 -
Corporation, a Nevada corporation, recorded March 14, 2005
11. Terms, agreements, provisions, conditions, obligations and easements as contained in
Segregation Agreement, recorded October 18, 2004 at Reception No. 3228242.
Commitment No. TNWS00009
NOTE:
The following notices pursuant to C.R.S. 9-1.5-103 concerning underground facilities have been filed
with the Clerk and Recorder. These statements are general and do not necessarily give notice of
underground facilities within the property.
(a) Mountain Bell Telephone Company, recorded October 1, 1981 in Book 949 at Reception No. 1870705.
(b) Colorado Interstate Gas Company, recorded August 31, 1984 in Book 1041 at Reception No.
1979784.
(c) Associated Natural Gas, Inc., recorded April 10, 1989 in Book 1229 at Reception No. 2175917.
NOTE: Pursuant to C.R.S. 10-11-122 notice is hereby given that:
(A) The subject property may be located in a special taxing district;
(B) A certificate of taxes due listing each taxing jurisdiction may be obtained from the County
Treasurer or the County Treasurer's authorized agent;
(C) INFORMATION regarding special districts and the boundaries of such districts may be obtained fron
the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor.
NOTE: If Schedule B of your commitment for an owner's title policy reflects an exception for mineral
interest or leases, pursuant to C.R.S. 10-11-123 (HB 01-1088), this is to advise:
(A) That there is recorded evidence that a mineral estate has been severed, leased, or otherwise
conveyed from the surface estate and that there is a substantial likelihood that a third party holds
some or all interest in oil, gas, other minerals, or geothermal energy in the property; and
(B) That such mineral estate may include the right to enter and use the property without the surface
owner's permission.
,, ..,auuns ereunder shall cease al
- - - ----� ..s.c cleicut 01 wneu the policy or policies committed or shall be issued, Iwhichever first occurs, provided that ti
failure to issue such policy or policies is not the fault of the Company. This Commitment shall not be valid or binding until countersigned by an authorize
officer or agent.
IN WITNESS WHEREOF, Transnation Title Insurance Company has caused its corporate name and seal to be hereunto affixed by its duty authorize
officers, this Commitment to become valid when countersigned by an authorized officer or agent of the Company.
Transnation Title Insurance Company
Attest:
2. proposed Insured has or acquired actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affectin the estate
or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the
Company in writing, the Company $ e or interest
irtp y shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the
Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company,
Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at i
amend Schedule B of this Commitment according p ny, or if the
paragraph 3 of these Conditions and Stipulations.�y but such amendment shall not relieve the Company from liability P y option may
3.
Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties • previously incurred pursuant to
in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith a
requirements hereof, or ep P included under the definition of Insured
(b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered
by this Commitment. In no event shall such liability exceed ( ) to comply with the
subject to the insuring the amount stated in Schedule A for the policy or policies committed for and such liability
is provisions and Conditions and Stipulations and the Exclusions from Coverage of the form of policy or
in favor of the proposed Insured which are hereby incorporated in herein. by reference and are made a policies sly odi for
part of this Commitment except as expressly modified
4. Ann acti or ractonsest orrttights
status aoction
ththat
the
proposed Insured may have or may
Commitmentmortgageereon covered by this Commitment must be based on and against the Company aare subjecrising out t to the provisions off the status of the lthis
Secretary
By: �� — ..� - &ter -,I4
EXCLUSIONS FROM COVERAGE
President
1. The term mongage, when used herein, shall include deed of trust, trust deed, or other security instrument.
If the
ALTA Commitment 1966
Transnation Title Insurance Company
NOTICE TO PROSPECTIVE INSURED OWNER:
Re: Mechanic's Lien and Gap Protection
This is to advise that Transnation Title Insurance Company makes available to its
prospective insured owners, in conjunction with their Transnation Title Insurance
Company policy covering a single family residence, including a condominium or
townhouse unit, protection against mechanic's liens. This protection is not automatic
nor given in all cases, but is subject to the Company's Underwriting requirements,
and does not cover those liens which arise out of work contracted for or entered into
at the request of the insured owner.
These underwriting requirements include, but may not be limited to, the following:
1. Receipt by the Company of agreement(s) indemnifying it for any loss
resulting from its granting of lien protection, executed by the seller, contractor or
others who might have incurred debts which could result in mechanic's liens;
2. Information concerning the solvency and whereabouts of the parties set
forth in Item No. 1, possibly including financial statements;
3. Evidence of payment of any bills which might have been incurred for
work done on the property, depending upon the length of time elapsed since the
last work was completed and what remains to be done;
4. In the event of extensive recent construction, whether on all of the
improvements upon the property or not, additional items required may include:
(a) the Company's review of the owner's and/or builder's history relative to
construction projects previously completed or presently under construction; (b)
review of the construction loan agreement, if applicable; (c) review of any
performance or materialmen's bonds concerning this construction, if applicable;
(d) payment of the appropriate charge for mechanic's lien protection during
construction, if applicable.
This is also to advise that, pursuant to Regulation of the Colorado Insurance
Commissioner, every title entity shall be responsible for all matters which appear of
record prior to the time of recording, and subsequent to the effective date of the
commitment, whenever the title entity conducts the closing and is responsible for
recording or filing of legal documents resulting from the transaction which was
closed. This does not include those matters created, suffered, assumed or agreed to
by the insured. The prospective insured is advised to inquire of the closing entity as
to whether it is an office of Transnation Title Insurance Company, or is an
independent agent which will be the responsible entity relative to the closing only.
916
D.F.
S12.85 The Spec1ric Terms of This Deed Are:
Grantor: (Gee rrare.;a) and plae(s) or maiden¢• if the soave of the tnvrrr-granmr v joining in This Deed m rdesse homestead rights, ndemtfy grinners as
husband and wife.)
• illll I�el
1141111II11IIIIII(IVIIIIIII11IIIIIII Ili UI
297(1916 07/22/2002 11:13A
Weldo county,
COo
1 of 1 R 5.00 D 12.85
•
Warranty Deed
THIS DEED is a conveyance of the real property described below, including any improvements and other appurtenances (the
'property') from the individual(s), corporation(s), parmership(s), or other entitylres) named below as GRANTOR to the individual(s)
or emirv(ies) named below as GRANTEE.
The GRANTOR hereby sells and conveys the property to the GRANTEE and the GRANTOR warrants the title ro the property. except
for (I) the lien of the general prop.,, _ ry taxes for the year of this deed, which the GRANTEE will pay (2) any easements and rights -of -
way shown of record (3) any pate= reservations and exceptions (4) any outstanding mineral interests shown of record (5) any
protective covenants and restrictions shown of record (6) any additional mailers shown below under' Additional Warranty Exceptions',
and (7) subje_t to building and zoning regulations.
THE NAZARENUS LATERAL DITCH COMPANY, A COLORADO CORPORATION
Grantee: (Give midst and addnss(es): summit it of address. inctodtng available read or snee number.)
SHERRY LAWLEY
26658 WCR 74, EATON , CO 80615
Form of Co -Ownership: (If thee are two or more grantees name!. they will be nawdamol w take at mmatm m crnmmn m,kss the words -in joint
teaatcy" or words of the sun coming are added in the score below.)
Property Description (Intrude musty and spa_)
The NI/2SE1/4 and the SE1/4SE1/4 of Section 4, Township 6 North, Range 64 West of tbe 6th P.M., Weld County,
Colorado.
TOGETHER WITH ATTACHED RIGHT-OF-WAY AND EASEMENT AGREEMENT
Property Address: (TO BE DETERMINED)
Cowide-atfom (The rowan= of a dollar mown is optional, adequate comideranen for this deed will be presorted unless this conveyance is )dereined
u e gift. In soy Care Wit conveyance is absolme. final end uneondidbaat.)
ONE HUNDRED TWENTY EIGHT THOUSAND FIVE HUNDRED AND 00/100
Reservations -Restrictions: (lithe GRANTOR intends to reserve any merest m the property or to covey leu than is owned, or if the GRANTOR is
rest. -rang the GRANTEE'S rigid in the property. make appropriate mdmarmn.)
. AdIBlinaal yS'e. •wu�J rn46°Ds:
•-
br.
c :
(In:Jude deeds or iron bong aumpl end other :mums not cawed above.)
Factainld try. "'I Amor on JULY 19, 2002
for -Corporation, Pavorsship or Assoctadon: Signature for Individual's):
THE NAZARENUS LATERAL DITCH COMPANY, A COLORADO CORPORATION
Name of Grantor: Corporation, Partnership or Association
831-15
By
TOM MYL'f ORR! PRESJDEN
Grantor
Grantor
Attest
STATE OF COLORADO
COUNTY OF WELD sa'
The forego' n instrument was acknowledged before Inc this 19th day of JULY, 2002
B 7 RESIDENT, OF THE NAZARENUS LATERAL DITCH COMPANY, A COLORADO CORPORATION
t
1T TSS podianli and'bfrc4l seal.
y cbmml lxel es:' M1yNY 28, 2005
CA
ATE O
OF ,Q
BY OF
¢.
was acknowledged before me this
Glamor
day of
(-name individual Granrrorts) or if Grantor is Corporation. Parmoaship or Associaion. then identify signers as president or vim president and secreuery
of ntS0Ent seerefary of corporation: or as parmer(s) of partnership: or as acpboriznd member(s) of anociation.)
WITNESS cry hand and offiemal seal.
My commission expires:
01981 UPDATE LEGAL FORMS
Notary Public
WCTC No 201.1
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n.
U N I TED STATES LAND P A TEN T
Denver 016281 4-1028
THE UNITED STATES OF AMERICA
To all to whom these' presents shall come,. Greeting:
AUG le 1920
WHEREAS, a Certificate of the Register of the Lard orrice
at Der, C has been
for
been deposited In the General Lund Office, whereby it appears that envl
made by the claimant Anna E. Calvin according to the provisions of the Act of Congress
approved March 3, 1877, entitled "Ar, Act co provide for the sale of desert laude in cer-
tain States and Territories," as amended by one Act of March 3, 1691, and supplemented
by the Act of March 4, 1915, for the north half of the southeast quarter and the south-
east quarter of the southeast quarter of Section four in Township slit north of Range
sixty-four west of the Sixth Principal Meridian, Colorado, containing one hundred twenty
acres, according to the Official Plat of the Survey of the said Land, returned to the
GENERAL LAND OFFICE by the Surveyor -General:
NOW KNOW YE, That the UNITED STATES OF Alf'VRICA, Sr. consideration of the premises,
and it. conformity with the several Acts of Congress in Such case made and provided, HAS
GIVEN AND GRANTED, and by these presence DOES GIVE AND CHANT, unto the said claimant and
to the neirs of the said claimant the Tract above described; TO HAVE. AND TO HOLD the
same, together with all the rights, privileges, immunities, and appurtenances, cf what-
soever nature, thereunto belonging, unto the said claimant and to the heirs and assigns
of the said claimant forever; subject to any vie ted and accrued waver rights for mining,
agricultural; manufacturing, or other purposes, and rights to ditches and reservoirs used
in connection wicn such water rights, as may be recognized and acknoaledged by the local
customs, laws, and decisions cf courts; and there is reserved from the lands hereby grant-
ed, a right of way thereon for ditches or canals constructed by the authority of the
United States.
IN TESTIMONY WHEREOF, I, Woodrow Wilson,
President of the United States of America, nave caused these
letters to be made Patent, and the Seal of the General Lard
Office to be oereunto affixed.
GIVEN under my nand, at the City of Washington, the Fourth
day of August in the your of cur Lord one thousand nine
hundred and Twenty and of the Independence of the United
States the one hundred and Forty-fifth.
By the President:
Hy
RECORDED: Patent Numbar 766334
N o . 347162 J.(
Filed for record at 3 o'clock P. M. Feb 16 1921
Fees, $.75
Woodrow Wilson
M.P. LeRcg, Secretar_ys, _
La C. Lamar —
Recorder of the General Lund
Office.
Case. E. Lictell Recorder.
By H. C. Cooper Deputy.
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Denver 016281
UNITED SPATES LAND PATENT
4-1028
THE UNITED STATES OF AZAERICA
To all to whom these presents shall COMA,. Greeting:
AUG 18 1920
VIRRREAS, a Certificate of the Register of the Lard Office
that Denver,Dnvpayment nee been
CiIr fbeen deposited in the General Land Office, whereby it app
made by the claimant 7n Colvin
ng to the
a the isale of
of the Aet of desert lardergress in cer-
tain Std March 3, 1877, entitled"An Acttoprovidefor
Y81T. States and Territories,' as amended Dy Lhe Act of March 3, 1591, and supplemented
by the Act of March 4, 1915, for tae north half of aria southeast quarter and the south-
east quarter of the southeast quarter of Section four in Township six north of Range
sixty-four west of the Sixth Principal Meridian, Colorado, containing one hundred twenty
acres, according to tna Official Plat of the survey of the said Land, returned to the
GENERAL LAND OFFICE by the Surveyor -General:
NOW KNOW YE, That the UNITED STATES OF A76RRICA, in consideration of the premises,
and in eonftrmity with the several Acts of Congress in such ease wade and provided, HAS
GIVEN AND GRANTED, and by these presence DOES GIVE AUD GRANT, unto the said claimant and
to the noire of the said claimant the Tract above described; TO HAVteAND
Dr T BHOL
D he
same, together with all the rights, privileges, immunities, and appurtenances,
pp
what-
soever nature, Leereunto belonging, unto the said clamant and to the heirs and assigns
of the said claimant forever; subject to any vdsted and accrued water rights far miring,
agricultural; manufacturing, or other purposes, and rights to ditches and reservoirs used
in connection with such water rights, as may be recognized and ackr,oeledged by the local
customs, lows, and decisions of courts; and there is reserved from the lanais hereby grant-
ed, a right of way thereon for ditches or canals constructed by the authority of the
United States.
IN TESTIMONY WHEREOF, I, Woodrow Wilson,
President of one United States of America, nave caused ones
letters to be made Patent, and the Seal of the General Land
office to be hereunto affixed.
GIVEN under my nand, at the city of Washington., cna Fourth
day of August in the year of our Lord one thousand nine
hundred and Twenty and of the Independence of Lne United
States the one hundred and Forty-fifth.
By the President: Woodrow Wilson
By 2.P. LeRoy., Secrecarrys__
L Q C. Lamar
Recorder of Lim General Lard
Office.
RECORDED: Patent Number 766334
Filed for record at 3 o'clock P. M. Feb 16 1921
Fees, $.75
Case. E. Littell Recorder.
Bv H. C. Cooper Deputy.
•
I 111111 Miu a011 1111111111111111111111111111 III �
2970917 07/22/2002 11:13A Weld County, CO
9` 1 of 7 R 35.00 D 0.00 J.A. "Suki" Tsukamoto
RIGHT-OF-WAY AND EASEMENT AGREEMENT
THIS RIGHT-OF-WAY AND EASEMENT AGREEMENT ("Agreement") is made this
19th day of July, 2002, by and between Nazarenus Lateral Ditch Company, a Colorado
corporation., (hereinafter"First Party") and Mark Lawley and Sherry Lawley whose address
is 26658 WCR 74, Eaton, CO 80615, (hereinafter "Second Party").
WITNESSETH:
WHEREAS, First party owns a parcel of land in the County of Weld, State of
Colorado described as: the North one-half of the Southeast Quarter (NY2SE1A) and the
Southeast Quarter of the Southeast Quarter (SEASE'A4) of Section 4, Township 6 North,
Range 64 West of the 6' P.M.; and
WHEREAS, Second Party is purchasing the above described lands owned by First
Party: and
WHEREAS, the Nazarenus Lateral Ditch runs through the property hereinabove
described; and
WHEREAS, First Party desires to retain an exclusive easement and right-of-way for
the ditch, roar and appurtenances on a portion of the above -described property, and a non-
exclusive right-of-way and easement for the ditch, road and appurtenances on another
portion of the above -described property.
NOW, THEREFORE, in consideration of the understandings, mutual covenants,
rights, duties, and obligations herein created, the parties hereto agree as follows:
1. All of the foregoing recitals are incorporated herein and made a part of this
agreement.
2. An EXCLUSIVE RIGHT-OF-WAY AND EASEMENT, is hereby established,
the metes and bounds description of which is attached hereto as Exhibit "A,"
and a diagram of the same is shown on attached Exhibit "C."
3. On the EXCLUSIVE RIGHT-OF-WAY AND EASEMENT described on
attached Exhibit "A" and as shown on attached Exhibit "C," said EXCLUSIVE
RIGHT-OF-WAY AND EASEMENT shall be perpetual, exclusive and Second
Party shall not be permitted to cross under or over said described
EXCLUSIVE RIGHT-OF-WAY AND EASEMENT with any structure, fixture,
property or appurtenance of any type or for any reason without first receiving
written approval of First Party.
4. Also created and established is a NON-EXCLUSIVE RIGHT-OF-WAY AND
EASEMENT, the metes and bounds description of which is attached as
Exhibit "B," and a diagram of said NON-EXCLUSIVE RIGHT-OF-WAY AND
EASEMENT is shown on attached Exhibit "C".
• •
11II1i1llI1111111111111Ii 111111111111 Ill 1111111111111
70917 0712212002 11:13A Weld County, C0�
2 of 7 ft 35.00 D 0.00 J.A. "Suki" Tsulojmot
5. As to the NON-EXCLUSIVE RIGHT-OF-WAY AND EASEMENT described
on Exhibit "B" and shown on Exhibit "C," Second Party shall have the right
to cross under and/or over said easement so long as any crossing does not
cause damage, injure or harm First Party's right-of-way and easement,
including but not limited to the ditch, road and any other appurtenances.
6. In crossing over or under First Party's NON-EXCLUSIVE RIGHT-OF-WAY
AND EASEMENT, any such crossing shall be done in such a manner as to
not damage the easement, road, ditch, appurtenants or the embankments
thereof and so as not to interfere in any with the flow of water in said ditch.
Second Party shall always be required to restore First Party's easement
including the ditch, road, bottoms, sides, banks and all other portions and
appurtenances of First Party's ditch and easement to their original condition
and at the sole cost and expense to Second Party. Second Party further
agrees that any crossing underneath the ditch will be done at a depth of not
less than three feet below the bottom of the ditch and any crossing will be
clearly marked to show the location of such crossing -
7. The provisions of this Agreement shall bind the parties hereto, their heirs,
successors, assigns, personal representatives and administrators; and the
provisions of this Agreement shall constitute covenants running with the title
to the lands described hereinabove.
FIRST PARTY:
NAZARENUS LATERAL DITCH
COMPANY, a Colorado Corporation
B
• f.
Ci .▪ A y .
STATE OF:ORADO
r{ •
' f O TOUF
ss.
)
SECOND PARTY:
G L i
Mark Lawley
\ �1.
Sherry Lawiey
The foregoing instrument was acknowledged before me this lam► -day of July, 2002
by - `S'c — - , Jh as of the Nazarenus Lateral
Ditch, a Coloradoorporation and Mark Lawley and Sherry Lawley.
MY HAND AND OFFICIAL SEAL.
on expires: S �t1�
(of LINDY r,4
McCARTY ::cz;!
F: IKFLWAZARENU3;a might of Way & Easement Agreement
Notary Public
• •
EXHIBIT "A"
LEGAL DESCRIPTION
(EXCLUSIVE EASEMENT FOR THE NAZARENUS LATERAL DITCH)
A TRACT OF LAND LOCATED IN THE EAST HALF OF THE SOUTHEAST QUARTER OF SECTION 4,
TOWNSHIP 6 NORTH, RANGE 64 WEST OF THE 6th P.M., WELD COUNTY, COLORADO AND BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID'SECTION 4 AND CONSIDERING THE EAST
LINE OF SAID SOUTHEAST QUARTER AS MONUM£NTED TO BEAR NORTH 01° 08' 52" WEST,
AND WITH ALL OTHER BEARINGS CONTAINED HEREIN RELATIVE THERETO; THENCE NORTH
01° 08' 52" WEST, 40.00 FEET ALONG SAID EAST LINE TO THE TRUE POINT OF BEGINNING;
THENCE ALONG SAID EXCLUSIVE EASEMENT BY THE FOLLOWING THIRTY-ONE (31) COURSES:
1) SOUTH 89° 27' 02" WEST, 164.05 FEET;
2) NORTH 01° 12' 45" WEST, 307.09 FEET;
3) NORTH 03° 38' 11" WEST, 173.84 FEET;
4) NORTH 14° 43' 04" WEST, 25.09 FEET;
5) NORTH 30° 32' 32" WEST, 120.34 FEET;
6) NORTH 42° 45' 00" WEST, 205.47 FEET;
7) NORTH 31° 07' 50" WEST, 394.26 FEET;
8) NORTH 11° 58' 13" WEST, 183.17 FEET;
9) NORTH 01° 46' 17" WEST, 574.99 FEET;
10) NORTH 15° 03' 09" WEST, 154.83 FEET;
11) NORTH 43° 43' 57" WEST, 55.84 FEET;
12) NORTH 71° 19' 19" WEST, 145.24 FEET;
13) NORTH 470 57' 42" WEST, 183.01 FEET;
14) NORTH 26° 36' 32" WEST, 120.50 FEET;
15) NORTH 50° 58' 07" WEST, 77.92 FEET;
16) NORTH 33° 34' 33" WEST, 279.24 FEET TO THE NORTH LINE OF SAID SOUTHEAST
QUARTER;
17) NORTH 89° 07' 57" EAST, 202.04 FEET ALONG SAID NORTH LINE;
18) SOUTH 33° 34' 33" EAST, 144.06 FEET;
19) SOUTH 50° 58' 07" EAST, 88.61 FEET;
20) SOUTH 26° 36' 32" EAST, 125.14 FEET;
21) SOUTH 47° 57' 42" EAST, 115.82 FEET;
22) SOUTH 71° 19' 19" EAST, 151.84 FEET;
23) SOUTH 43° 43' 57" EAST, 141.04 FEET;
24) SOUTH 15° 03' 09" EAST, 218.08 FEET;
25) SOUTH 01° 46' 17" EAST, 579.62 FEET;
26) SOUTH 11° 58' 13" EAST, 139.31 FEET;
ii1111111i11 i1111111illl1ililillliiilli ill11i1t sill ills
2970917 07122120112 11:13A Weld Coun$. t 0
3 of 7 R 36.00 0 0.00 d.A. "Suki" Tsukamoto
• •
lit llii EEO ffI UI Weld County, 1N�11W 1111 till
2970917 07122/2002
4 of 7 R 38.00 D 0.00 J.A. "Suk;" Tsukamoto
27) SOUTH 31° 07' 50" LAST, 348.27 FEET;
26) SOUTH 42° 45' 00" EAST, 2.06.36 FEET:
29) SOUTH 30` 32' 32" LAST, 162.14 FEET;
30) SOUTH 14° 43' 04" EAST, 77.17 FEET:
31) SOUTH 01° 08' 52" EAST, 494.71 FEET TO THE TRUE POINT OF BEGINNING;
SAID EXCLUSIVE EASEMENT CONTAINS 11.6459 ACRES, MORE OR LESS, AND IS SUBJECT TO
ANY EASEMENTS OR RIGHTS -OF -WAYS OF RECORD OR AS NOW EXISTING ON SAID TRACT OF
LAND
AND THREE LATERAL IRRIGATION DITCHES FROMSAID NAZARENUS LATERAL DITCH, SAIDEASE-
MENTS BEING 30 FEET (30') WIDE AND EXTENDING FROM THE EXCLUSIVE EASEMENT
DESCRIBED ABOVE TO THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 4, THE
CENTERLINE OF SAID EASEMENTS BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
LATERAL DITCH NO. I:
COMMECING AT THE SOUTHEAST CORNER OF SAID SECTION 4, THENCE NORTH 01° 08' 52"
WEST, 1332.59 FEET ALONG THE EAST LINE OF SAID SOUTHEAST QUARTER TO THE TRUE
POINT OF BEGINNING;
THENCE SOUTH 86° 03' 27" WEST, 429.28 FEET TO THE EAST LINE OF SAID EXCLUSIVE
EASEMENT;
LATERAL DITCH NO. 2:
COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 4, THENCE NORTH 01° 08' 52"
WEST, 678.16 FEET ALONG THE EAST LINE OF SAID SECTION 4 TO THE TRUE POINT OF
BEGINNING;
THENCE SOUTH 84° 31' 56" WEST, 54.48 FEET TO THE EAST LINE or SAID EXCLUSIVE
EASEMENT.
LATERAL DITCH NO. 3:
THIS CENTERLINE OF THIS DITCH LIES NORTH 01° 08' 52" WEST, 484.04 FEET FROM
THE SOUTHEAST CORNER OF SAID SECTION 4 AND ALL 1S WITHIN SAID EXCLUSIVE EASEMENT.
I do hereby certify that under my personal supervision, this
legal description was prepared on July 18,2002
Gerald B. McRae, Professional Engineer and
Land Surveyor, Colorado Reg. No 6616
Z of 2
��••�•frLr���''I
•
• •
EXHIBIT B
LEGAL DESCRIPTION
INON-EXCLUSIVE EASEMENT)
A TRACT OF LAND LOCATED IN THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF
SECTION 4, TOWNSHIP 6 NORTH, RANGE 64 WEST OF THE 6th P.M., WELD COUNTY, COLO-
RADO AND BEING MORE PARTICULARLY DESCRIBED•AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF SAID SECTION 4 AND CONSIDERING THE EAST
LINE OF SAID SOUTHEAST QUARTER TO BEAR NORTH 01° 08' 52" WEST AS MONUMENTED
AND WITH ALL OTHER BEARINGS CONTAINED HEREIN RELATIVE THERETO;
THENCE NORTH 01° 08' 52" WEST, 40.00 FEET ALONG SAID EAST LINE;
THENCE SOUTH 89° 27' 02" WEST, 164.05 FEET;
THENCE SOUTH 01° 12' 45" EAST, 40.00 FEET TO THE SOUTH LINE OF SAID SOUTHEAST
QUARTER;
THENCE NORTH 89° 27' 02" EAST, 164.00 FEET ALONG SAID SOUTH LINE TO THE POINT
OF BEGINNING;
SAID TRACT OF LAND CONTAINS 0.1506 ACRES, MORE OR LESS AND IS SUBJECT TO ANY
EASEMENTS OR RIGHTS -OF -WAY OF RECORD OR AS NOW EXISTING ON SAID TRACT OF LAND.
I do hereby certffy that under my personal supervision, this
legal descrl.ptlon was prepared on July 18,2002
Gerald B. McRae, Professional Engineer and
Land Surveyor, Colorado Reg. No 6616
Ii\\1),!111����IIPoJWIG I%IIINgII
''4;; ,„A J D p„',"
• •
EXHIBif C
SeleglISSEMS
soffnrAR %WM& smis30 4.. 'r . Ip Worm, !WOE 64 WERT or RAI Ne
T.R., Ig1.D MOM, TAORSIX•
cvrfpt ZCTIQI COMER: 2 -Ire MAMMY CAP SET AND 5EFQIOCED 4TY l.S.
9644 RH 7+2000-
IURTIKS7 COMM OF THE CAST WILE OF THE RSflHEAST' TTR: 2-1/2" AEUT,
I ISM CAP SET AM CFE7EICm IT L -S. 9664 ON I-6-7000.
EAST CLAMP COMM}t/4" rjj$IMA YX SET AFC IEttRF2CID 6Y 4.S.23St3
aR i2 -S•-1+94. •
ICOONKST O0I4gt OF THE Sotf77REST RoATER Or THE T-0IJT11EAST MAMA, S -T/1"
4USTI49.14 C4P SET No TEFEREILID OT L.S. 7547 Tsl 6 -TT -7062.
CANTER CONFER OF Tut S4)JP AST T}SARTSA. S-1 /4" ALWTKR4 CAP SET NO REf-
ER.CEC r L.S. 7747 cm 6- 17- I.
IORn4FAST COINER OF THE SOUTHEAST DARTER 7-7 OF T I OIAAI"ER: 7-4/7'
AUMM IMCAP SET AIO RE ERE/CED
601111 OOARTR CC2.49r: 7-117" AIWINUK GAO WI AND strEsE,Cis sr L S. 96+1
ON 7 -6 -IRS!
SWJTNIEif COMER Or THE SOYTNULST RlARIEA or THE SCUTIEAST WARIER, 2-I/2"
MINIMUM CRP SET NC RETERdCCED BA 4.S. 9644 Or
SQJIMAST SECTION com4ER: S -III AUMINM CAP SET AAO REFPE'CRO ST L.S.
Tr47 ON 9-22-1907
120'
50
C/L
West
Ty • • al.+Ditch Section
RI
AM-
■ ► t.4..1Si r-..4 : L6
1S4L Un1.N
p4scrib.d
Plow., Cr* S Sat : N,.4
R.bar rA/CI.j 1..5 U45.
D.Scriltd
1111111111111111111111111111111111111111111111111111
2970917 07/22/2002 11:13A Weld County, CO
6 at 7 R 35.00 0 0.00 J.A. "Said" Tsukamoto
2 of 2
E6st
EXHIBIT C
Scale 1°_400'
loam 100' 0e 00'
® Nw h`e. d rIe 2 o,
taro'sit 24252:' / el. SE 74
c
N
0
® Canter Loc. o4
- 1h. SE 54--
N81'0757'E Iv1.43'
5
NE'/5 SE 4
++I I Lateral Mich
— Y 1(1
4 —421.1$
' ® I StVTof27
5E I. SEY1
m 4 ..
Gotta • 111.53p Ac[
Reed Rgly. L7D71 A L
. Net . NLEE 3 Aa
SW Cara [„ix}--
5Ey..4 &.
SE to
1 of 2
40' N..,-E¢hane E.al
_ 581_27'02'W 1275.57
MICR 72
® SE Ler Sec 4 J
T4N, R41 w
N
C
O
thNE Car. of +h<
SE yl,f fat SE
N
Sit5rSI.'w
Lateral
He 2
NIS31 5rE
55.05'
Lef.rel o14'
N. 3
u.. r.:.w A tat....,
to' Lothian E.rnl.
Foal it erytn,n5
Noe [,d.ore toed
rIC ir 4r lalir SCOOP
Arellew see— name 4.44eee4 t..'e4 r
MOM' 07444474. • SSW OW flame •
of CUOMO" — 44eq t�MN�Le�
gate. • w r. exams ca. ~nn, r4rwr
hat ashrr lore . hen POW 4 - n aeamotoorc..4444 _. wag MIME
�1.4a)
'Y! O as
a.-4 41wa' AMe4. ear Jan r aMRO aver ewe m +nw '� Am ,ir
MCRRE 6 SHORT /NC.
—eeewanurr—
N.A.
IPS/ OM APE a.Ye22CY, ergo. soya
Weloi
—rewire— E4
Ste W Awl .Ay
4 6' 164 sri.
264
1 1111111111111111111111♦ iii 11111 1111111 iii 111111111 m1
3208264 08/11/2004 03:064 Weld County, 00
I of 4 R 41.00 D 0.00 Steve Moreno Cleric & Recorder
Pbc hso '21,3600
Producers 88 PAID -UP OIL AND GAS I.PASE
Rocky Mountain 2000
(Paid -Up Rev 1996)
Petroleum Development Corporation
THIS AGREEMENT, made and entered into this 6th day of july, ZQQ4, by and between
Sherry Lawley, 26658 Weld County Road 74, Eaton, CO 80615
hereinafter called lessor (whether one or more), and Petroleum Development Corporation, 2970 29th Street, Unit
#l8 Greeley, Colorado 80631, hereinafter called lessee:
WITNESSETH:
I. That lessor, for and in coasidention of- _Ten- - dollars (S '1000•
paid, receipt of which is hereby acknowledged, and of the )ten ants,
demises, leases and lets exclusively unto lessee the lands described below fir the
fttt set forth, hereby gating,
prodefinedspecting, exploring (by geophysical and other methods), drilling, operating for end producing oil or purpose of gasgas, or both
(aslines, below), together with the right to construct and maintain pipeline; underground telephone and electric
and tanks,ponds,roadways, plants, equipment, and structures thereon to produce, save and take care of said oil
by gas (which m its assignees,gshall include specifically a right-of-way and easement for ingress to and egress from said lands
such pipelines, s ore and agents or➢o nominees, necessary to or associated with the construction and maintenance of
toelectric lines, tanks, ponds, roadways, plants, equipment, and structures on said lands
toproduce, save and take care of the oil and gas), and the exclusive right to inject air, gas, water, brine and other
fluidshornany
for the into the etortensubs�ce strata, and any and all other rights and privileges necessary, incident to,
rconvenient for and operation of said land, alone or conjointly with neighboring land, for the
the production, taking care of oil and gas and the injection of air, gas, water, brine, and other fluids iota
written subsurfacet of Lessor. o injection
lands shall be used eing absurd in the Countyof
produced from other lands without the
follows, to -wit Weld State of Colorado, described as
I2Wfshin 6 North u 64 W Amax
Section 4: N/2SE/4, SE/45EN
This Oil and Gas Lease (the Agreement or the "Lease") is subject to that certain Side Letter Agreement dated this
same date attached hereto and made a pmt hereof. Said Side Letter Agreement provides additional terms for this
Agreement and should any term in this Agreement conflict with the terms of Me Side Letter Agreement, those terms
found in the Side Letter Agreement shall control.
In addition to the land described above, lessor hereby grams, leases and lets exclusively auto lessee, to thc
uteextent
t all s if lands and ally described, lands which are owned or claimed by lessor by one of the following
result reasons: a change in the botmdaries
acquired or retained by lessor by avulsion, amnion, reliction or othewise as the
above; Btmdaries or centerline of any river or stream traversing or adjoining the lands described
(2) all riparian lands and rights which are or may be incident, appurtenant, related or attributed to lessor in
landany lake,
tream or above;iver (3) arl traversing larincludeddj in nn the lands described above by virtue of lessor's ownership of the
described above which are orany road, easement or right-of-way traversing or adjoining the lands
ownership of the land described may vbe incident, appurtenant, related or attributed to lessor by virtue of lessor's
e.
For the purpose of calculating payments provided for herein, it shall be deemed that the lands covered by this
lease contain 1211,0 acres, whether there actually be more or less
The term oil the as used in this lease shall be interpreted to include any liquid hydrocarbon substances which
occur naturally earth, including drip gasoline or other
manufacturing proces& The termmutant condensate to includencfrom gas substance, without resort to
combustible or o gas as used in this lease sul interpreted th atha any hmaintains
ain either
non-combustible, to tp, which ris producedpressure Unnatural dns state from the earth and which helium, itr a gaseous
or bon dioxide, ide, hydrogen ordinary sulfide, temperature and methane
conditions, gas includingbutnot limited to nitrogen,
carbon coal bed methane gas, casinghead gas and sulphur.
Subject to die other provisions herein contained, this lease shall remain in force for a term of one (1) year from
this date (herein called "primary term") and as long thereafter as oil and gas, or tither of them, is produced in
this lease, a commerical quantities from the leased premises or drilling operations are continuously prosecuted For purposes of
this lease at all tunes when dewattering of the coal seams from wanhiich the coalbed meethane gasp will be produced is
•
111111111111111111111111 I I I I I I I I I I I I I I I I I 111111 I I I I I I I I
3208244 08/1112004 0,9:OGP Weld County, CO
2 of 4 R 21 00 D 0.00 Steve Moreno Clerk & Recorder
i
occurring. For purposes of this lease, "drilling operations" shall include operations for the drilling of a new well
and operations for the reworking, deepening or plugging back of a well or hole or other operations conducted in an
effort to establish, resume or re-establish production of oil and gas; drilling operations shall be considered to be
"continuously prosecuted" if not more than one hundred twenty (120) days shall elapse between the completion and
abandonment of one well or hole and the commencement of drilling operations on another well or hole; drilling
operations shall be deemed to be commenced for a new well at such time as lessee has begun the construction of the
wellsite location or the road which provides amass to the wellsite location; and drilling operations shall be deemed
to be commenced with t.opctt to reworking, deepening, plugging back or other operations conducted in an effort to
resume or re-establish production of oil and gas at such times as lessee has the requisite equipment for such
operations at the wellsite.
2. The lessee shall deliver to the credit of the lessor as royalty, free of cost, in the pipeline to which lessee
may connect its wells the equal three -sixteenths (3/16ths) part of all oil produced and saved from the leased
premises, or lessee may from time to time at its option purchase any royalty oil in its possession, paying the
market price thereof prevailing for oil of lake grade and gravity in the field where produced on the date of purchase.
The lessee shall pay lessor, as royalty, on gas, including casinghead gas or other gaseous substances, produced
from the leased premises and sold or used off the premises or used in the manufacture of gasoline or other products,
the market value at the well of three -sixteenths (3/16ths) of the gas sold or used, provided that on gas sold the
royalty shall be three -sixteenths (3/I 6ths) of the amount realized from such sale. The amount realized from the sale
of gas shall be the price established by the gas sales contact entered into in good faith by lessee and a gas purchaser
for such term and under such conditions as are customary in the industry. "Price" shall mean the net amount
received by lessee after giving effect to applicable regulatory orders and after application of any applicable price
adjustments specified in such contract or regulatory orders. In the event lessee compresses, treats, purifies or
dehydrates such gas (whether on or off the leased premises) or transports gas off the leased premises, lessee in
computing royalty hereunder may deduct from such price the actual charge incurred by lessee from third parties for
each of such functions performed, based upon that proportion which lessor's royalty hereunder bears to the total
amount of such charges.
3. This is a paid -up lease and all cash consideration first recited above and annual rentals have been paid to
lessor in advance to keep this lease in full force and effect throughout the primary term. In consideration of the
payment of such cash consideration and advance of annual rentals, lessor agrees that lessee shall not be obligated,
except as otherwise provided herein, to commence or continue any operations during the primary term. Lessee may
at any time or times during or after the primary term surrender this lease as to all or any portion of the land
described above, and as to any strata or stratum, by delivering to lessor or by filing of record a release or releases,
and be relieved of all obligations thereafter accruing to the acreage surrendered except any a nviromnental liabilities if
ally.
4. Any payments required to be made to lessors pursuant to this lease, other than the payment of royalties,
may be paid by lessee to the lessor or to lessor's credit in the Bank, at (or its
successor or successors, or any bank with which it may be merged or consolidated, or which succeeds to its
business assets or any part Cheroot by purchase or otherwise) which shall continue as the depository regardless of
changes in the ownership of said land or the oil and gas. All such payments may be made by cash, check or draft,
mailed or delivered on or before the due date for that payment. Any payments so made shall be binding on the
heirs, devisees, executors, administrators, and personal representatives of lesser and on lessor's successors in interest
or on lessor's assigns.
5. I4 at the expiration of the primary term of this lease, oil or gas is not being produced from the leased
premises but lessee is then engaged in drilling operations, this lease shall continue in force so long as drilling
operations are continuously prosecuted; and if production of oil or gas results from any such drilling operations,
this lease shall continue in force so long as oil or gas shall be produced from the leased premises. >£ after the
expiration of the primary term of this lease, production on the leased premises should cease for any cause, this lease
shall not terminate if lessee is then engaged in drilling operations, or within one hundred twenty (120) days after
each such cessation of production commences or resumes drilling operations, and this lease shall remain in force so
long as drilling operations are continuously pragonitrd and if production results therefrom, then as long thereafter
as oil or gas is produced from the leased premises.
6. If at any time, either before or after the expiration ofthe primary term of this lease, there is a well capable of
producing of or gas on the lands covered by this lease, or on other lands with which lands covered by this lease arc
pooled or unitized, but the well is shut-in, whether before or after production therefrom, and this lease is not being
maintained otherwise as provided herein, this lease shall not terminate (unless released by lessee) and it shall
nevertheless be considered that oil or gas is being produced from lands coveted by this lease during all times while
the well is so shut -m. Lessee shall use reasonable diligence to market the oil or gas capable of being produced from
such shut-in well, but shall be under no obligation to market the oil or gas under terms, conditions or circumstances
which, in lessee's judgment exercised in good faith, are unsatisfactory. When the lease is continued in force in this
manner, lessee shall pay or tender to the lessor or lessor's successors or assigns, an amount equal to £10.00 per year
per net mineral acre covered by the lease. Such payments shall be made on or before the shut-in royalty payment
date. as defined below, next occurring after the expiration of one hundred twenty (120) days from the date the well
was shut-in, unless prior to such date oil or gas from the well is sold or used or the lease is otherwise maintained as
provided herein. In like manner, on or before each succeeding shut-in royalty payment date while such well remains
•
11111111(1111111111111 IiI Oft 1111111 Ill 11111 Iiii Till
3208264 08/11/21104 03:0SP Weld County, CO
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shut-in, lessee shall make payment of shut-in royalty in the same amount and manner. The term "shut-in royalty
payment date" shall mean the anniversary dare of this lease. Any shut-in royalty payment may be made by cash,
draft or check, mailed or tendered on or before the shirt -m royalty date.
7. if lessor owns a lesser interest in the above described land other than the entire and undivided fee simple
estate therein, then the ruyalties, including shut-in royalty, herein provided shall be paid to lessor only in the
proportion which lessor's interest bears to the whole and undivided fee. Any interest in production from the lands
described herein to which the interest of lessor may be subject shall be deducted from the royalty herein reserved
8. Lessee shall have the right to use, free of cost, gas, oil and water produced on said land for its operation
thereon, except water from wells and reservoirs of lessor Lessee shall have the right at any time to remove all
machinery and fixtures placed on said premises, including the right to draw and remove casing, The right to draw
and remove the casing is limited to one year after removal of machinery and fixtures or sixty .(60) days following
termination of this Lease whichever is earlier.
9. Lr,see shall pay to lessor reasonable amounts for any damages caused by its operations including but not
limited to growing crops on said land. Lessee shall bury its pipelines which traverse the lands below plow depth.
No well shall be drilled nearer than three hundred (300) feet to a house or barn located on said premises at the time
of drilling, without written consent of lessor.
10. Lessee is hereby given the right and power at any time and from time to time as a recurring right, either
before or after production, as to all or any part of the land described above and as to any one or more of the
formations hereunder, to pool or unitize the leasehold estate and the mineral estate covered by this lease with other
land, lease or leases in the immediate vicinity for the production of oil and gas, or separately for the production of
either, when in lessee's judgment h is necessary or advisable to do so, and irrespective of whether authority similar
to this exists with respect to such other land, lease or leases. Likewise, units previously formed to include
formations not producing oil or gas may be reformed to exclude such non -producing formations_ The forming or
reforming of any emit shall be accomplished by lessee executing and filing of record a declaration of such unitization
or reformation, which declaration shall describe the unit. Any unit may include land upon which a well has
heretofore been completed or upon which drilling operations have been commenced. Production, drilling or
reworking operations or a well shut-in for any reason anywhere on a unit which includes all or a part of this lease
shall be treated as if it were production, drilling Of reworking operations or a well shut-in under this lease. in lieu of
the royalties elsewhere herein specified, lessor shall receive on production from the unit so pooled royalties only on
the portion of such production allocated to this lease; such allocation shall be that proportion of the unit production
that the total number of surface acres covered by this lease and included in the unit bears to the total number of
surface acres in such unit
•
11. If the estate of either party hereto is assigned or sublet, and the privilege of assigning or subletting in whole
or in part is expressly allowed, the express and implied covenants hereof shall extend to the sublessees, successors
and assigns of the parties; and in the event of an assignment or subletting by lessee, lessee shall be relieved and
discharged as to the leasehold rights so assigned or sublet from any liability to lessor thereafter accruing upon any
of the covenants or conditions of this lease, either express or implied. No change in ownership of the land,
royalties, or other payments, however accomplished, shall operate to enlarge the obligations or diminish the rights
of lessee or require separate measuring or installation of separate tanks by lessee. Notwithstanding any actual or
constructive knowledge of or notice to lessee, no change in ownership of said land or of the right to receive royalties
or other payments hereunder, or of any interest therein, whether by reason of death, conveyance or any other matter,
shall be binding on lessee (except at lessee's option in any particular case) until one hundred twenty (120) days after
lessee has been furnished written notice thereof, and the supporting information hereinafter referred to, by the party
claiming as a result of such change in ownership or interest. Such notice shall be supported by original and
certified copies of ail documents and other instruments or proceedings necessary in lessee's opinion to establish the
ownership of the claiming party.
12. In the event lessor considers that lessee has not complied with all its obligations hereunder, either express
or implied, lessor shall notify lessee in writing, setting out specifically in what respects lessee has breached this
lease. Lessee shall then have sixty (60) days after receipt of said notice within which to next or commence to meet
all or any part of the breathes alleged by lessor. The service of said notice shall be precedent to the bringing of any
action by lessor on said lease for any cause, and no such action shall be brought until the lapse of sixty (60) days
after service of such notice on lessee. Neither the service of said notice nor the doing of any acts by lessee aimed to
meet all or any of the alleged breaches shall be deemed an admission or presumption that lessee has failed to
perform all its obligations hereunder.
13. Al! express and implied covenants of this lease shall be subject to all federal and state, county or municipal
laws, executive orders, rules and regulations, and lessee's obligations and covenants hereunder, whether express or
implied, shall be suspended at the time or from time to time as compliance with such obligations and covenants is
prevented or hindered by or is in conflict with federal, state, county, or municipal laws, rules, regulations or
executive orders asserted as official by or under public authority claiming jurisdiction, or Act of God, adverse field,
weather, or market conditions, inability to obtain materials in the open market or transportation thereof wars,
strikes, lockouts, riots, or other conditions or circumstances not wholly controlled by lessee, and this lease shall not
be terminated in whole or in part, nor lessee held liable in damages for failure to comply with any such obligations
or covenants if compliance therewith is prevented or hindered by or is in conflict with any of the foregoing
•
1111111 11111 11111111111111111111111111M11111 1111 1111
3208264 08/11/2004 03:06P Weld County, CD
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•
evrnrualities. The time during which lessee shall be prevented from conducting drilling or rework-oiloperations
during the primary term of this lease, under the contingencies above stated, shall be added to the primary term of
this lease.
14. Lessor hereby agrees that lessee, at its option, shall have the right at any time to pay for lessor, any
mortgage, taxes or other liens existing, levied or assessed on or against the above described lands in the event of
default of payment by lessor and be subrogated to the rights of the holder thereof and lessor hereby agrees that any
such payments made by lessee for the lessor may be deducted from any amounts of money which may become due
the lessor under the terms of this lease,
15. This lease end all its terms, conditions, and stipulations shall extend to and be binding on all successors in
interest, in whole or in part, of said lessor or lessee.
With respect to and for the purpose of this lease, lessor, and each of them if there be more than one, hereby release
and waive the right of homestead.
WHEREOF witness our hands as of the day and year first above written.
STATE OF
COLORADO
COUNTY OF WELD
Ott this 6th day of July, 2004, before me personally appeared
Sherry Lawley-
to me known to be the persons) described in, and who executed the foregoing instrument, and who acknowledged
to me that she executed the same as
her free act and deed, including the release and waiver of the right of homestead.
Given imrlrr my hand and seal this
My commission expires: Ott l3 r aOt 7
Notary Public for the State of C 6 ibsaltDo
residing at 387,1 W « 3 s
5 or1O,, , L -r) . it oL c
cp tx0TA$p ;C}1.
�•4.—
is- �g?'.•'°U$L1t 'Ov INDIVIDUAL
G� OF .. 00,„0-
--ogillaw tv���
• •
111111111111111111111111111111111.1111111111111 II 1111
3258374 03/14/2005 03:44P Weld County, CO
1 of 2 R 11.00 17 0.00 Steve Moreno Clerk de Recorder
AFFIDAVIT OF PRODUCTION
Lawley ft -44-4D
PDC Lease No. 763600
WILLIAM D. GAINOR, of lawful age, being first duly sworn, deposes:
1. That he is Land Manager of Petroleum Development Corporation, a Nevada corporatior:; and
2. Petroleum Development Corporation is the owner of an interest in the Oil and Gas Leases
described on Exhibit "A" attached hereto and by this reference made a part hereof; and
3. That said leases are for the term shown in said Exhibit "A" and as long thereafter as oil, gas,
casinghead gas, casinghead gasoline, condensate, distillate, or any of the afore -mentioned is
produced; and
4. That a well was drilled under the terms of said leases at the location shown on said Exhibit
"A" and was completed as a producing well on or about the date shown in said Exhibit "A":
and
5. That this Affidavit is made for the purpose of giving notice of the continuance of said leases
and is made pursuant to the following applicable statute:
1963 Colorado Revised Statutes, Section 118-113-6
Ph1ROLEUM DEVELOPMENT CORPORATION
STATE OF WEST VIRGINIA
COUNTY OF HARRISON
William D. Gainer,
day of
By
William D. Gainer
Land Manager
d Manager of Petroleum Development Corporation appeared before me the _
T. 2005.
Witness my hand and official seal.
My Commission Exptres: June 2.2009
OFFICIAL SEAL
Notary PubliIc1,�A. `
State of West ylrainiaR5.
Y.
nt
Petroleum OstMein zo
mnur
3 East he
2r
Bridgeport, WV 26:13
My commission err res June 2. 200ie
Rita A. Cork
Notary Public in and for the
State of West Virginia
S
S
EXHIBIT "A"
SUBJECT WELL:
WELL NAME: Lawley 44-4D
WELL LOCATION:
PRORATION UNIT:
TYPE OF WELL:
T6N, R64W. Sec, 4: SE4SE4
SE4SE4
Codel
DATE COMPLETED: 03-04-2005
LEASES:
LEASE NUMBER:
LEASE DATE:
LESSOR:
LESSEE:
RECORDING DATA:
PRIMARY TERM:
LAND DESCRIPTION:
763600
07-06-2004
Shirley Lawley
Petroleum Development Corporation
3208264
1 year
T6N, R64W 6t6 PM. Sec. 4: NZSE4, SE4SE4
Weld County, Colorado
111111111111111110111111111111111 IIIII 101111111111111
3268374 03/14/2005 03:44P Weld County, CO
2 of 2 R 11.00 0 0.00 Steve Moreno Clerk & Recorder
INSTRUMENT PREPARED BY AND RETURN TO:
Petroleum Developmeot Corporation
PO Box 26
Bridgeport, WV 26334
• •
1111(1 11111 1111 IDIIII 11111 1118A1 111111111111111
3268375 03/14/2005 03:44P Weld County, CO
1 of 2 R 11.00 D 0.00 Steve Moreno Clerk & Recorder
AFFIDAVIT OF PRODUCTION
WILLIAM D. GAINOR, of lawful age, being first duly sworn, deposes:
Lawlev 043-4
PDC Lease No. 7636011
I . That he is Land Manager of Petroleum Development Corporation, a Nevada corporation; and
2. Petroleum Development Corporation is the owner of an interest in the Oil and Gas Leases
described on Exhibit "A" attached hereto and by this reference made a part hereof; and
3. That said leases are for the term shown in said Exhibit "A" and as long thereafter as oil, gas,
casinghead gas, casinghead gasoline, condensate, distillate, or any of the afore -mentioned is
produced; and
4. That a well was drilled under the terms of said leases at the location shown on said Exhibit
"A" and was completed as a producing well on or about the date shown in said Exhibit "A";
and
5. That this Affidavit is made for the purpose of giving notice of the continuance of said leases
and is made pursuant to the following applicable statute:
1963 Colorado Revised Statutes, Section 118-113-6
PETROLEUM DEVELOPMENT CORPORATION
By
STATE OF WEST VIRGINIA
COUNTY OF HARRISON
William D. Gainor
Land Manager
William . ainor, Land Manager of Petroleum Development Corporation appeared before me the _/O'
day of�`'` �, , 2005.
Witness my hand and official seal.
My Commission Expires: June 2. 2009
OFFICIAL SEAL
Notary Pu tic State
to of WCLARest Virginia
RItA A.Petroleum Development Corporation
103 East Main Street, Box 26
Bridgeport, WV 2033C
My commission expires . une 2. 2OCs
'Rita A lark
Notary Public in and for the
State of West Virginia
• •
EXHIBIT A"
SUBJECT WELL:
WELL NAME:
WELL LOCATION:
PRORATION UNIT:
TYPE OF WELL:
Lawley 43-4
T6N, R64W, Sec. 4: NE4SE4
N2SE4
Coded
DATE COMPLETED: 03-04-2005
LEASES:
LEASE NUMBER:
LEASE DATE:
LESSOR:
LESSEE:
RECORDING DATA:
PRIMARY TERM:
LAND DESCRIPTION:
763600
07-06-2004
Shirley Lawley
Petroleum Development Corporation
3208264
1 year
T6N, R64W 6rn PM, Sec. 4: N2SE4, SE4SEA
Weld County, Colorado
INSTRUMENT PREPARED BY AND RETURN TO:
Petroleum Development Corporation
PO Box 26
Bridgeport, WV 26330
11111 1III111111111111111111111111
3268375 031141200503:44P Weld County, CO der
3256
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• •
I 1111111111111111111111111111111111111111111111 Ill! Jill
3268376 03114/2006 03:44P Weld County, CO
1 of 2 R 11.00 0 0.00 Steve Moreno Clerk & Recorder
AFFIDAVIT OF PRODUCTION
Lewlev 033-1
roc Lease Ne. 163600
WILLIAM D. GAINOR of lawful age, being first duly sworn, deposes:
1. That he is Land Manager of Petroleum Development Corporation, a Nevada corporation, and
2. Petroleum Development Corporation is the owner of an interest in the Oil and Gas Leases
described on Exhibit "A" attached hereto and by this reference made a part hereof; and
3. That said leases are for the term shown in said Exhibit "A" and as long thereafter as oil, gas,
casinghead gas, casinghead gasoline, condensate, distillate, or any of the afore -mentioned is
produced; and
4. That a well was drilled under the terms of said leases at the location shown on said Exhibit
"A" and was completed as a producing well on or about the date shown in said Exhibit "A";
and
5. That this Affidavit is made for the purpose of giving notice of the continuance of said leases
and is made pursuant to the following applicable statute:
1963 Colorado Revised Statutes, Section 118-113-6
STATE OF WEST VIRGINIA
COUNTY OF HARRISON
William D. Gainor,
day of
Ot.l
PETROLEUM DEVELOPMENT CORPORATION
By ij,/-1.€.1f
William D. Gainor
Land Manager
}
d Manager of Petroleum Development Corporation appeared before me the ,10
, 2005.
Witness my hand and official seal.
My Commission Expires: June 2.2009
OFFICIAL SEAL
Notary Public, t to ofCLWest Vtrpltula
Pettoteum Development Cot potation 1
RITA 103 East Main Street, Box 2E ♦•
Bridgeport, WV 21.330
My y,mm1ssinrt Rxpire5 J,Jn9 2, �2'109
ita A. lark
Notary Public in and for the
State of West Virginia
• •
EXHIBIT °A"
SUBJECT WELL:
WELL NAME:
WELL LOCATION:
PRORATION UNIT:
TYPE OF WELL:
DATE COMPLETED:
LEASES:
Lawlev #334
T6N. R64W, Sec. 4: NW4St.;4
N2SIr,4
Co4Ptl
03-04-200;
LEASE NUMBER:
LEASE DATE:
LESSOR:
LESSEE:
RECORDING DATA:
PRIMARY TERM:
LAND DESCRIPTION:
763600
07-06-2004
Shirley Lawley
Petroleum Development Corporation
3208264
1 year
T6N, R64W 6th PM, Sec. 4: N2SE4, SE4SE4
Weld County, Colorado
INSTRUMENT PREPARED BY AND RETURN TO:
Petroleum Development Corporation
PO Box 26
Bridgeport WV 26330
111111111111111111111111111111t11 11111111 11111 lift 1111
3268376 03114/2005 03:44P Weld County, CO
2 of 2 R 11.00 D 0.00 Steve Moreno Clerk & Recorder
William E. Erickson
• •
Pi (111111 11111 1111I 111111 I1$ 11111111111111liii iIII
3228242 10/18/2004 02:281' Weld County, CO
1 of 3 R 16.00 D 0.0D Steve Moreno Clerk & Recorder
SEGREGATION AGREEMENT
THIS SEGREGATION AGREEMENT, effective the 1st date of production of the Erickson 34-4 well
located in T6N-R64W, Section 4: SW/4SE/4, Weld County, Colorado, is by and between Sherry Lawley, 26658
WCR 74, Eaton, CO 80515 and William E. Erickson, 34695 WCR 53, Eaton, CO 80615.
1. BACKGROUND, The South Half of the Southeast Quarter (S/2SE/4) of Section 4, Township 6
North, Range 64 West, 6th P_M., Weld County, Colorado, is currently subject to those Oil and Gas Leases
("Leases") covering lands described on Exhibit A hereto INSOFAR AND ONLY INSOFAR as the Leases cover and
affect those lands described on Exhibit "A". While the S/2SEJ4 of Section 4 has been designated as a single
spacing unit for the production of oil and gas from the Codell Niobrara formation, the royalty interest owners wish
to formally segregate the SW/4SE/4 and the SFJ4SE/4 into two separate waking interest units. In so doing, the
parties wish to ensure that the royalty interest owners receive Codell Niobrara production only from their respective
40 -acre area.
2. SEGREGATION AGREEMENT. Despite the designation of the S/2SEJ4 as a single spacing unit
for the production of oil and gas from the Codell Niobrara formation, the parties hereby agree that all production
from the Codell Niobrara formation shall, as among themselves, their sucressors and assigns, be allocated and all
costs and taxes borne, as though the SE/4SE/4 were a separate 40 -acre unit, the leasehold interest of which is owned
entirely by Lawley, and the SW/4)'E4 were a separate 40 -acre unit, the leasehold interest of which is owned entirely
by Erickson.
3. PRODUCTION PURCHASER RELIANCE, Any production purchaser shall be entitled to rely
on this agreement, including any modification or amendment recorded in the real property records of Weld County,
in determining ownership of production from wells drilled to the Codell Niobrara formation in the spacing unit..
4. BINDING EFFECT. The terms, covenants and conditions hereof shall be binding upon, and
inure to the benefit of the parties hereto, their successors and assigns, and such terms, covenants and conditions
shall be covenants running with the lands herein described and the leases herein described and with each transfer or
assignment of said leases and lands.
5. COUNTERPARTS. This instrument may be executed in any number of counterparts, each of
which shall be deemed an original, but all of which together shall constitute but one and the same document.
IN WITNESS WHEREOF, this instrument is executed as of the dates shown in the acknowledgments, but
effective the first date of production of the Erickson 34-4 Well located in T6N-R64W, Section 4: SW/4SE/4, Weld
County, Colorado.
ROYALTY LN'l ERE$T OWNERS
herry Lawley
i cc hs# 1`159( 2-
A6 )t.y3
•
•
STATE OF COLORADO )
ss.
COUNTY OF WELD )
BEFORE ME, the undersigned, a No
Q c 4-O b c&, 2004, personally appeared S
her own free and voluntary act and deed.
My Commission Expires:
My Commission Expires
October 13th. 200
STATE OF COLORADO )
Si.
COUNTY OF WELD )
bk-
ty and State, on this day of
the within and foregoing instrument of
tary Public _
3 $ ? s w X42 3S
�], v
I ^t71A 1 Go Qd6
BEFORE ME, the undersigned, a Notary Public, in and for said County and State, on this ') day of
4- 4t 2004, personally appeared William E. Erickson who executed the within and foregoing
instrument of his own free and voluntary act and deed.
My Commission Expires:
fly Commission Expires
October 13th, 200
blic
3”2_S- wc.R 3 S
F 9Tiv\
1111111 11111 11111 111111 1111! 1111111111111111111111/iiii
28242 10/18/2004 02:28P Weld Couno
2 of 3 R 16.00 0 0.00 Steve Moreno Clerk & Recorder
• •
1111111111111111111111111111111111111111111111111111111
3228242 10/18/2004 02:28P Weld County, CO
3 of 3 R 16.00 D 0.00 Steve Moreno Clerk & Recorder
Attached to and made a part of that certain Segregation Agreement dated effective the first date of production of the
Erickson 34-4 Well between Sherry Lawley and William E. Erickson covering lands in Weld County, Colorado.
LEASE l:
Lessor: Sherry Lawley
Lessee: Petroleum Development Corporation
Dated: July 6, 2004
Recorded Reception #3208264
Ianric: Township 6North. Range 64 West. 6th P.M. — Weld County, CO
Section 4: SE/4SFA, Nf2SE/4
LEASE 2,
Lessor: William E. Erickson
Lessee: Petroleum Development Corporation
Dated: February 10, 2004
Recorded: Reception #3173745
Lands: Township 6 North. Range 64 West, 6th P.M.— Weld County, CO
Section 4: SW/4SE/4
END OF EXHIBIT "A"
WATER SERVICE AGREEMENT
(Lawley Estates PUD - SINGLE SYSTEM)
THIS AGREEMENT is made and entered into as of the 256 day of
, 20 O1, by and between the North Weld County Water District, acting by
and through the North Weld County Water District Enterprise (hereinafter "District") and
Mark and Sherry Lawley, (hereinafter "Developer'), of Lawley Estates PUD, (hereinafter
"Development").
RECITALS
WHEREAS, District is a statutory special district formed under the laws of the
State of Colorado and is a quasi municipal corporation; and
WHEREAS, the District Enterprise was created by the District, in order to comply
with the provisions of Section 20, Article X of the Colorado Constitution and Article 45.1
of Title 37 of the Colorado Revised Statutes, as applicable; and
WHEREAS, the District owns, maintains and operates a system for the storage
of and distribution of potable water within Weld County and Larimer County, Colorado;
and
WHEREAS, the Developer desires to contract with the District for certain potable
water supplies and services for the Development known as Lawley Estates PUD, Lot B
of Recorded Exemption No. 0801-4-4RE-3581, Located in the Southeast Quarter of
Section 4, Township 6 North, Range 64 West of the 6th Principal Meridian, County of
Weld, State of Colorado; and
WHEREAS, Developer intends to plat and/or develop more than three residential
lots which will require dedication of raw water and/or payment of cash in lieu of raw
water dedication in accordance with the terms of this Agreement;
NOW, THEREFORE, in consideration of the premises and the covenants and
agreements hereinafter set forth, it is agreed by and between the District and Developer
as follows:
ARTICLE 1
WATER SUPPLY/FACILITIES
1.1 The District shall furnish Development a customary supply of water for a
total of eight (8) individual Single -Family residential water taps ("Taps"). The District
shall furnish 70% of an acre foot (228,000 gallons) of water per equivalent tap per
annual water year, if the allotment for Colorado -Big Thompson (CBT) project water,
which is determined by the Northern Colorado Water Conservancy District is 50% or
greater, North Weld County Water District will restrict the delivery as necessary when
the CBT allotment is less than 50%.
1.2 The water to be furnished by the District shall be potable water, which
complies with the Federal Safe Drinking Water Act and any other applicable drinking
water regulations. No promise or guarantee of pressure is made by the District or is to
be implied from anything contained herein.
1.3 The District shall use reasonable diligence to provide a constant and
uninterrupted supply of water, except for interruptions due to: (1) Uncontrollable forces;
(2) Operations or devices installed for water system protection; (3) Maintenance, repair,
replacement, installation of equipment, or investigation and inspection of the water
system, which interruption or reductions are temporary, and in the sole opinion of the
District, if necessary.
Ini
N:\Sub rvisions\01 Pending Subdivisions Over 2 Yrs\Lawley Acres \WSA(06-20-07).doc
Page 1 of 8
1.4 The District shall install, own, repair and maintain a meter vault at each
individual lot within the Development in which the District shall install equipment as
deemed necessary, including but not limited to meters, reading devices, flow restricters,
etc.
1.5 The District estimates the water supply to have a normal pressure range
of forty-five (45) to sixty-five (65) pounds per square inch (psi). The District will maintain
an average minimum pressure of thirty five (35) psi to any tap. The maximum pressure
that will be supplied to any Tap may be as great as eighty (80) psi. Therefore, the
Developer (or Lot Owner) agrees to install preventative plumbing devices to restrict
and/or release the pressure. Developer and/or Lot Owner releases District from any
and all liability or claims that may be made against the District concerning damage from
excessive water pressure supplied to the Development, Tap or lot.
ARTICLE 2
TAPS, LINES AND FEES
2.1 The District must approve, in writing, all engineering and construction
plans and materials of all Water Lines within any Development or Water Lines leading to
the Development. The Developer shall be responsible for payment of the total cost of
the construction for Water Lines within the Development (or Water Lines that are
necessary to serve the Development) that will serve the Taps. 'Water Lines", means all
lines which carry water to the meter vault(s) within the Development.
2.2 From the meter to the structure or lot being served with water, water will
be delivered through private service lines which are installed by the Developer or Lot
Owner, and for which the District has no responsibility or liability.
2.3 The District must approve engineering and construction plans of all Water
Lines before construction. Once the District has approved the final Water Line
construction, the District will conditionally accept the Water Lines by issuance of a
conditional acceptance letter (see Exhibit "A"). Two years after conditional acceptance
of the Water Lines, subject to final approval by the District, Developer shall dedicate
ownership of the Water Lines to the District. The Developer may use the District's
existing Water Lines to serve the individual taps, if the District determines in its sole
discretion, that the Water Line may be accessed and has available capacity and
pressure to serve the Development.
2.4 For all Water Lines located within the Development's roadway or
utility/waterline easements, future repair of paving or other improved surfaces
subsequent to the initial installation of any Water Line shall be the responsibility of the
Developer, Homeowners Association, or current owner of the Right -Of -Way. The
District will repair and backfill the trench to the surface but will not rebuild any surface
improvements, including but not limited to pavement, curb and gutter, sidewalk, or
landscaping other than grasses.
2.5 No water service will be provided to any water Tap within the
Development until all fees, expenses and charges as determined by the District have
been paid and/or raw water dedicated. The fees, charges and expenses, and/or water
dedication shall be as determined and defined by the District and based upon such
fees, charges and expenses, and water dedication requirements then in effect.
Developer understands that the amount due for such fees, charges and expenses,
and/or water dedication are subject to change or modification at the sole discretion of
District.
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2.6 Pursuant to this Agreement, the fees, expenses and charges for a water
Tap consist of:
(1) Review & Inspection Fee as provided in Paragraph 2.8;
(2) Infrastructure Enhancement Fee as determined in Paragraph 2.9;
(3) Plant Investment Fee as provided in Paragraph 2.10;
(4) Mileage Charge pursuant to Paragraph 2.11; and
(5) Raw Water or Cash in Lieu Fee as provided in Paragraph 2.12;
(6) Raw Water Storage Fee as provided in Paragraph 2.12.2; and
(7) Meter Fee as provided pursuant to Paragraph 2.15.
Notwithstanding anything to the contrary herein, payment of all fees, expenses
and charges as established pursuant to this Agreement shall be a condition precedent
to the District providing water service to any Tap within the Development. Except as
provided in Paragraph 7.3, if the total fees, expenses and charges are not paid, all prior
fees, expenses and charges paid by the Developer for any improvements made by the
Developer shall be considered as forfeited to the District as liquidated damages as
accurate calculation and determination of damages would not be possible.
2.7 The Raw Water or Cash in Lieu Fee, Plant Investment Fee, and Mileage
Charge must be completed and fulfilled jointly before the District provides any water
service. Once these fees have been paid or completed, the Developer or Lot Owner will
then have one (1) year to pay for and have the meter set. Upon installation of the
meter, or, after one (1) year of payment of these referenced fees whichever occurs
earliest, the District shall commence billing the Developer or Lot Owner a Minimum
Monthly Charge in accordance with the policies the District then in effect. The Minimum
Monthly Charge shall apply whether or not any water is taken through the Tap.
2.8 The District will be expending resources for review and inspection of the
Development including but not limited to engineering review, Water Line inspection,
surveying, bacteriological testing, and pressure testing of the Water Line constructed for
the development. The Developer will be required to reimburse the District for such
expenses and shall be known as the "Review and Inspection Fee". The Review and
Inspection Fee shall be solely determined by the District, and for this Development said
fee shall be the sum of $4,500.00. A portion of this payment determined to be $160.00
shall be made upon execution of this Agreement and the remainder $4,340.00 of said
Fee be made prior to commencement of construction of Water Lines that will serve the
Development, or the issuance of any building permit, whichever occurs earliest. The
Review and Inspection Fee, as established in this Paragraph 2.8 is non-refundable.
2.9 The District may be constructing substantial Infrastructure, including but
not limited to installation of tees, valves, fire hydrant(s) and lowering the existing
waterline to avoid conflict with the proposed storm drain in the intersection of WCR 72 &
55. A portion of these enhancements will be attributable to the Development and an
"Infrastructure Enhancement Fee" will be charged to the Developer. The Infrastructure
Enhancement Fee shall be solely determined by the District, and for this Development
said fee shall be the sum of $9,500.00. A portion of this payment determined to be
$500.00 of said Fee shall be paid by the Developer and payment shall be made upon
execution of this Agreement and the remainder $9,000.00 of said Fee be made prior to
October 1, 2007 or commencement of construction of Water Lines that will serve the
Development, or the issuance of any building permit, whichever occurs earliest. If
payment is not received by October 1, 2007 this fee will be re-evaluated. The
Infrastructure Enhancement Fee, as established in this Paragraph 2.9 is non-
refundable.
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2.10 The Developer or Lot Owner will be responsible for making payment of the
"Plant Investment Fee". Said payment shall be made prior to the issuance of any
building permit or the setting of a water meter, whichever occurs earliest. All Plant
Investment Fees paid shall be in accordance with the Plant Investment Fee as
established by the District and in effect at the time of the payment. No portion of the
Plant Investment Fee shall be returned or refunded once established pursuant to this
Agreement and the Development is approved by Weld County, even if the number of
lots and/or Taps in the Development is later decreased or unsold. However, if the
number of lots and/or Taps increases beyond the number initially established in
Paragraph 1.1, Developer will pay the Plant Investment Fee for each new Tap within the
Development at the rate for Plant Investment Fees then in effect.
2.11 The Developer or Lot Owner will be responsible for making payment of the
"Mileage Charge". Said payment shall be made prior to the issuance of any building
permit or the setting of a water meter, whichever occurs earliest. All Mileage Charges
paid shall be in accordance with the Mileage Charge as established by the District and
in effect at the time of the payment. No portion of the Mileage Charge shall be returned
or refunded once established pursuant to this Agreement and the Development is
approved by Weld County, even if the number of lots and/or Taps in the Development is
later decreased or unsold. However, if the number of lots and/or Taps increases
beyond the number initially established in Paragraph 1.1, Developer will pay the
Mileage Charge for each new Tap within the Development at the rate for Mileage
Charge then in effect.
2.12 The "Raw Water or Cash In Lieu Fee" requirement for this Development
shall be met by payment of "Cash in Lieu". The Developer or Lot Owner will be
responsible for making payment of this fee. Said payment shall be made prior to the
issuance of any building permit or the setting of a water meter, whichever occurs
earliest. All Cash In Lieu Fees paid shall be in accordance with the Cash In Lieu Fee as
established by the District and in effect at the time of payment.
2.12.1 At the sole discretion of District, the District may allow the Developer to
dedicate Raw Water to fulfill the raw water requirement. The raw water requirement for
a Residential Tap being a single family residence on one (1) lot shall be the dedication
of at least one (1) Unit of Colorado Big Thompson (CBT) project water per Tap, or at
least one (1) share of North Poudre Irrigation Company (NPIC) stock for every four (4)
residential Taps.
2.12.2 In addition to the dedication of the Raw Water, the Developer shall be
responsible for a Raw Water Storage Fee as determined by District. The Raw Water
Storage Fee shall be applied once for each Unit of CBT or four times per share of NPIC
that is dedicated to the District. The Raw Water Storage Fee payment shall be made in
conjunction with the dedication of the Raw Water.
2.13 The Developer shall provide the District with security, as deemed
acceptable by District, to secure the installation and warranty of Water Lines within the
Development during the two-year conditional acceptance period. Said security shall
cover 25% of all costs for construction of said Water Lines, which shall be released at
the expiration of the two-year warranty period and upon full acceptance of the Water
Lines by the District. The type of security to be accepted shall be at the sole discretion
of the District which will normally be a letter of credit, certificate of deposit, or bond.
2.14 During the two-year conditional acceptance period, the Developer will be
responsible for any repairs or maintenance of the Development Water Line
improvements. All such repairs and/or maintenance shall be in accordance with the
District policies and engineering requirements, and shall be reviewed and approved by
the District prior to any repairs or maintenance being effected except in emergency
situations.
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2.15 Prior to a meter being set and water service being provided at or for any
Tap, the Developer or parcel owner shall be required to complete the District's Tap
application form, pay the Meter Fee, and pay any remaining fees, expenses and
charges, if any, in accordance with the policies and procedures of the District at the time
of any Tap application, or any other expenses or costs that may be incurred by the
District in relation to the Development.
ARTICLE 3
FIRE PROTECTION
3.1 Fire protection is a basic provision required for development activities in
the Weld County for which this Development is to be constructed. The Development
may be located within an established fire protection district ("FPD") which has its own
policies, procedures and requirements concerning fire protection which may be in
addition to or supplement any requirements imposed by the Weld County. Developer
understands that District is not responsible for compliance with any such FPD or Weld
County requirements and such requirements are the sole responsibility of Developer,
FPD and/or Weld County. Developer further understands that District is not required to
provide fire flows or even allow fire protection devices, including but not limited to
hydrants, Water Lines, sprinklers, and valves, to be installed, inspected, serviced or
provided by District.
3.2 However, as a courtesy and public service, District will permit Developer
to install certain fire protection infrastructure pursuant to the provision of this Article 3
and any other provisions or requirements deemed necessary by District, in its sole
discretion.
3.3 Developer shall provide to the District, FPD and Weld County plans and
specifications for fire protection infrastructure, including but not limited to location and
size of Water Lines to serve fire hydrants ("Fire Facilities"). Said plans shall be in
accordance with any specifications and requirements established by District, Weld
County and/or FPD.
3.4 Upon final approval of the plans and design by District, Weld County and
FPD, Developer shall be responsible for installation of the same including all costs
incurred by District to review plans, installation, and inspection of the same by District.
Upon approval of the installation of all such fire facilities by District, Weld County and
FPD, District will thereafter assume the responsibility of effecting maintenance and
repairs of such facilities but District will be compensated for such maintenance and
repairs, in perpetuity, by Developer or Homeowners Association in the Development.
Additionally, responsibility for all costs of maintenance and repairs shall become a part
of covenants that run with the title to all lots and property within the Development, and
which shall constitute a first and prior lien upon all lots and property in said
Development.
3.5 As additional consideration for this Agreement, Developer understand that
District has not and will not perform any independent review or analysis of the adequacy
of any fire facilities. Accordingly, Developer releases District from any and all liability or
claims of any type that could be made against the District, including but not limited to
water pressure, line size, lack of water, maintenance, volume or velocity of flow, or any
other item related to fire facilities in the Development.
3.6 All final approvals of this Development must make reference to the
responsibility of the Developer or Homeowners Association concerning expenses of
maintenance and repairs for the fire facilities pursuant to Paragraph 3.4.
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ARTICLE 4
PETITION OF INCLUSION
4.1 If determined to be necessary by District, the Developer agrees to sign
and execute a standard Petition of Inclusion, Exhibit "B".
ARTICLE 5
EASEMENTS AND RIGHTS -OF -WAY
5.1 As additional consideration for this Water Service Agreement, Developer
agrees to sign and execute any necessary Easements and Rights -of -Way regarding
specific locations, widths, size of pipeline(s) and descriptions for Water Lines as
determined by the District. This Agreement is conditional upon execution and recording
of the Easement and Right -of -Way Agreement, and until such Easement and Right -of -
Way Agreement is finalized to the satisfaction of the District and recorded, District shall
not be required to provide any services of any type.
5.2 Additionally, any final development plat must be reviewed and approved
by District as to all aspects of Easements and Rights -of -Way for water facilities,
pipelines and fire facilities. All such items must be dedicated for public use and District
must approve the final plat.
ARTICLE 6
DUAL WATER (IRRIGATION) SYSTEM
6.1 This Agreement is for a single system water service which means that one
(1) system provides water for all water usage within Lawley Estates PUD. Neither the
Developer nor any Lot Owner will construct, install or use a secondary or alternative
water system within Lawley Estates PUD without an amendment to this Agreement to
insure proper installation, use and connection of a dual water system. For any breach
of this provision, District shall have the right to discontinue water service to the entire
Development until an amendment to this Agreement has been finalized by the District,
Developer and/or all Lot Owners.
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ARTICLE 7
MISCELLANEOUS
7.1 This Agreement is conditional as the final plat of the Development has not
yet been approved by Weld County. If the final plat is not approved on or before the 1st
day of April, 2008, this Agreement shall be terminated and the same shall be
considered null and void.
7.2 The District will reserve capacity for the Development for one year from
the approval of the final plat by Weld County. If within one year from the approval of the
final plat by Weld County, the waterlines to serve the Development have not been
constructed and the District has not approved the final Waterline construction with an
issuance of a conditional acceptance letter, this Agreement shall be terminated and the
same shall be considered null and void.
7.3 Notwithstanding any language to the contrary, Developer shall be entitled
to a refund of 98% of costs and expenses paid pursuant to Article 2.10, 2.11 and 2.12 if
such refund is applied for within one (1) year of the payment made to the District. The
2% retention by the District shall be considered as administrative expenses. All or any
portion of costs or expenses the Developer incurred pursuant to Articles 2.1, 2.8, 2.9
and 2.15 shall not be entitled to a refund of any amount.
7.4 This Agreement cannot be assigned by Developer without the express
written approval of District.
7.5 This Agreement shall inure to and be binding upon the parties hereto and
their heirs, executors, personal representatives, successors and assigns.
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IN WITNESS WHEREOF, the parties have executed this Agreement the day and
year first above written.
DEVELOPER:
By:
ATTEST:
STATE OF COLORADO
) ss.
COUNTY OF /da/d
By:
DISTRICT:
NORTH WELD COUNTY WATER DISTRICT
Presi nt
c4f1
The foregoing instrument was acknowledged before me this 20S day of
dant ,200l,by S% y ,/
Developer.
Witness my hand and official seal.
My commission expires:
STATE OF COLORADO )
ss.
COUNTY OF WELD )
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NOTARY '•..
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otary Pu lic i`O.. Crcr,sx, �\
1 x,11/! I! 1111111AOA
The foregoing instrument was acknowledged before me this 25-+S day of
�c,,e ,20UI by Pink t-tes I tcas_c as
President and Joy.--- b. ^,-soh- as Secretary of North Weld
County Water District.
Witness my hand and official seal.
My commission expires: to--
‘`
O2%
z1-7' NOTARk
Notary Public
o,,c
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