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DEPARTMENT OF PLANNING SERVICES
RECORDED EXEMPTION
ADMINISTRATIVE REVIEW
COLORADO
Applicant:
P.V. Water III, LLC
RE -4951
Planner Brad Mueller
Legal Description:
Part of the E 1/2 NW / of Secton 10, Township 1 North, Range 63 West of
the 6th P.M., Weld County, CO.
Parcel ID #:
1477 10 000017
Lot A Size:
+/- 4 acres
Lot B Size:
+/- 56 acres
Water Source:
Lot A:
Well Permit#277893
Lot B:
Proposed Individual Well
Sewer System:
Lot A: Either SE -
0800037, SE -0800038,
or SE -0800039
Lot B.
Proposed Individual
Septic System
Criteria Checklist
Yes No
X
X
X
X
X
X
1. Conforms with Chapter 22 of the Weld County
Code and any adopted municipal plan.
2. Compatible with the existing surrounding land uses.
3. Consistent with the intent of the zone district.
4. Consistent with efficient and orderly development.
5. Complies with Recorded Exemption standards in
Section 24-8-40 of the Weld County Code.
s6''1 3iv-(n- (o(e
6. Provides for adequate protection of the health, safety, and welfare of the
inhabitants of the neighborhood and the County.
Approved with Conditions
The Weld County Department of Planning Services has determined through an administrative review that
the standards of Section 24-8-40 of the Weld County Code have been met. This Recorded Exemption is
approved with the following conditions in accordance with information submitted in the application and the
policies of Weld County.
1. A Weld County septic permit is required for any proposed home. The septic system shall be
installed according to the Weld County Individual Sewage Disposal System (I.S.D.S.) regulations.
1
.900-341,3
2. Topographic or physical features of the proposed lots, such as ravines, ditches, streams etc. may
limit the area available for a new or replacement septic system. Prior to recording the plat the Weld
County Department of Public Health and Environment recommends that the applicant review the
Weld County Code pertaining to septic systems to assure that any installed septic system will
comply with all setback requirements found in the Code. In the event the proposed lot is not of
sufficient size to allow the installation of a septic system the lot may need to be enlarged.
3. The applicant has proposed a well as the source of adequate water for Lots A, B, C and D.
Property owners are advised that the quantity of water available for usage may be limited to
specific uses, i.e., "Domestic Use Only," etc. Because each situation is unique, the Department of
Planning Services encourages property owners to contact the Office of the State Engineer,
Division of Water Resources (1313 Sherman Street, Room 818, Denver, Colorado 80203, phone
303-866-3581), to discuss each individual situation. Be aware that groundwater may not meet all
drinking water standards as defined by the Colorado Department of Public Health and
Environment. The applicant is encouraged to test their drinking water prior to consumption and
periodically test it over time.
Prior to recording the plat: ty 77 ic _,_ Z r
/
A. The plat shall be titled: Recorded Exemption No. 1948. `
B. The application materials indicate that two houses are proposed to share a common well. `1,
Therefore, the applicant shall submit a document providing for shared well operation and h, e1�
maintenance by both parcels of land. The declaration shall be recorded and the
recordation number indicated on the plat. A joint easement agreement shall be indicated 'NF"
on the plat.
C. The septic system must be abandoned in accordance with Section 30-7-70 of the Weld
County Code pertaining to individual sewage disposal systems if it will not be utilized in
the storage house.
C
D. A 30 foot wide joint access and utility easement extending across the associated SE lot Neer I
and Lot A from County Road 12 for the benefit of proposed Lot B shall be shown clearly rcneert
on the plat. The joint easement shall be dedicated for the use as shown using the Zt.N‘.„nE
language set forth in the Weld County Code, Appendix 24-F.E. The easement shall be
graded and drained to provide all weather access.
E. Proposed Lots A and B shall share an access; no circle drives or additional accesses O
shall be granted. The access road shall be graded and drained to provide all weather NE€E,
access. Accesses shall be placed in such a location as to have adequate sight distance is -AC t
in both directions, shall not be placed below the crest of a hill or where physical JNw HA
obstructions are present and shall be a minimum distance of 75 feet from any intersecting ca.,G.rcu
County or State roadway. r n_CGU rte.
.A.n. (.4 c t -n' ' F.,zncce�s�
F. The applicant shall provide to the Weld County Department of Planning Services a copy
of any new or amended access permit issued by the Colorado Department of p
Transportation (CDOT) which grants access to State Highway 52, or written evidence
that the applicant has otherwise complied with the requirements of the Colorado
Department of Transportation (CDOT).
G. All approved accesses shall be clearly shown on the plat. The applicant shall contact the o
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
2 nl662
�FanW
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.
H. State Highway 52 requires 75 feet of right-of-way at full build -out according to the
Colorado Department of Transportation future plans. A total of 75 feet shall be
delineated on the plat as future Highway 52. All setbacks shall be measured from the
edge of future right-of-way. The applicant shall verify the existing right-of-way and the
documents creating the right-of-way. This road is maintained by the Colorado
Department of Transportation.
Lot A shall comply with the two and one-half (2.5) acre net minimum lot size required by ✓
Section 24-8-40.L of the Weld County Code. Net acreage calculations should not include
reserved road right-of-way.
J. The applicant shall attempt to address the comments of School District RE -3J as stated
in the referral response dated July 23, 2009. Evidence of such shall be submitted in
writing to the Weld County Department of Planning Services.
K. The applicant shall provide the Weld County Department of Planning Services with a
Statement of Taxes from the Weld County Treasurer showing no delinquent taxes exist
for the original parcel.
L. The following notes shall be placed on the plat:
O
C,
Oe.ea
1) All proposed or existing structures will or do meet the minimum setback and /1 -Do
offset requirements for the zone district in which the property is located. �an}rs
Pursuant to the definition of setback in the Weld County Code, the required rod
setback is measured from the future right-of-way line. r tir
• No building or structure as defined and limited to those occupancies listed as
Groups A, B, E, F,H, I, M and R in Section 302.1 of the 2003 International
Building Code, shall be constructed within a 200 -foot radius of any tank battery or
within a 150 -foot radius of any wellhead. Any construction within a 200 -foot
radius of any tank battery or 150 -foot radius of any wellhead shall require a
variance from the terms of the Section 23-3-10 of the Weld County Code.
2) Any future structures or uses on site must obtain the appropriate zoning and
building permits.
3) Lot A is not eligible for a future land exemption in accordance with Section 24-8-
20.C.3 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 the lot (Lot A or B) has an adequate water
supply of sufficient quality, quantity and dependability.
6) Prior to the release of building permits on Lots A or B, the Lot owner shall verify
with the nearest Town/City or Sanitation District to determine the location of the
3
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.
7) All septic systems must be located on their respective lots and meet all lot line
setback requirements.
8) Prior to the release of building permit, the applicant shall submit evidence of
approval from the Southeast Weld Fire Protection District to the Weld County
Building Department.
9) Potential purchasers should be aware that groundwater may not meet all drinking
water standards as defined by the Colorado Department of Public Health and
Environment. The Weld County Department of Public Health and Environment
strongly encourages well users to test their drinking water prior to consumption
and periodically thereafter.
10) Potential purchasers should be aware that approval of this Recorded Exemption
does not guarantee that well permits will be issued for the lots. Any lot may be
deemed non -buildable if the lot owner is unable to obtain a well permit. The State
Division of Water Resources issues all well permits.
11) Should noxious weeds exist on the property, or become established as a result of
the proposed development, the applicant/landowner shall be responsible for
controlling the noxious weeds, pursuant to Section 15-1-40 of the Weld County
Code.
12) 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.
13) 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)
14) 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)
15) 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.
16) WELD COUNTY'S RIGHT TO FARM: Weld County is one of the most
productive agricultural counties in the United States, typically ranking in the top
ten counties in the country in total market value of agricultural products sold. The
4
• •
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.
5
• •
5. The applicant shall submit three (3) 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.
6. 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.
7. 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 mapsaco.weld.co.us.
8. The Weld County Department of Planning Staffs approval of this Recorded Exemption Application
is based on satisfying the Conditions of Approval. Should an applicant be unwilling or unable to
meet any one of these conditions within 60 days of approval, then this case will be forwarded to
the Weld County Board of County Commissioners with a staff recommendation for denial.
By Date: September 28, 2009
Brad Mueller 0 Weld County Planning
6
• •
WELD COUNTY, COLORADO
DEPARTMENT OF PLANNING SERVICES
918 10' STREET
GREELEY, CO 80631
PHONE: 970-353-6100, EXT. 35401 FAX: 970-304-6498
Date:
Received From:
20
� L
Receipt No.
15116
Permit Type
No.
Description
Fee
4221..-RF/SE
`.
s
J
4221—ZPMH
4221—U SR
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.
OCASH,CHECK NO.__4�._,�'
Receipted By: DL# 1.-`'
TOTAL FEE
-'— : Exp.
• •
Front Range Resources, LLC
999 18th Street, Suite N270
Denver, CO 80202
PHONE: 303-376-9700 FAX: 303-376-972
TRANSMITTAL
To: Kim Ogle
Date: -Q jQ ( l a
Weld County Dept. of Planning Services Re: RE -4951 & SE -1151 (LL Baumgartner)
918 Tenth Street
Greeley CO 80631
Attn: Kim
WE ARE SENDING YOU VIA: Overnight
Copies
I
Dated
12/18/09
Signed SE -1151 Mylar set (3 sheets)
Description
1
12/18/09
Signed RE -4951 Mylar set (3 sheets)
THESE ARE TRANSMITTED:
Other
Signature & Recording
REMARKS: Kim
By:
Thank you
r
G. cull Nation, Jr., AIC
Platting & Entitlement Manager File: 2
cc:
•
Kim Ogle
From:
Sent:
To:
Cc:
Subject:
pnation@frontrangeresources.com
Thursday, July 01, 2010 10:06 AM
Kim Ogle; 'stevenljanssen@cs.com'
'timothy.bilobran@dot.state.co.us'
Re: RE -4951 and SE -1151
Good morning gentlemen.
Sorry on the delay on the mylars.
I am out of town and attempting to coordinate the last signature so they can be sent up.
I would expect that to happen today.
Mylars will be coming from our offices to Kim's attention.
Thanks.
Paull
From: Kim Ogle
To: 'Stevenljanssen@cs.com'
Cc: timothy.bilobran@dot.state.co.us ; pnation@frontrangeresources.com
Sent: Thu Jul 01 08:59:09 2010
Subject: RE: RE -4951 and SE -1151
Steven
Thank you for the affidavit from Mr. Baumgartner. I do not currently have any correspondence from CDOT
and I do not find mylars were submitted to this office for processing. If you are able, please follow-up with the
surveyor on this item. With receipt of documents from Tim/Gloria the plats may be recorded.
Thank you.
Kim
Kim Ogle
Weld County Planning Services - Greeley Office
1555 North 17th Avenue I Greeley CO 80631 I koulei
T: 970.356.4000 x 3549 I F: 970 304 6498
co. weld. co. us
From: Stevenljanssen@cs.com [mailto:Stevenljanssen@cs.com]
Sent: Thursday, July 01, 2010 8:16 AM
To: Kim Ogle
Cc: timothy.bilobran@dot.state.co.us; pnation@frontrangeresources.com
Subject: RE -4951 and SE -1151
Dear Kim:
Attached please find my client's Affidavit of Removal, per your request. My client also mailed you an original
for your file, which you should have received by now.
1
Kim Ogle
From:
Sent:
To:
Cc:
Subject:
Kim,
pnation@frontrangeresources.com
Monday, June 14, 2010 9:59 AM
Kim Ogle
bhesselbach@clmanhard.com; rphuwa@gmail.com
RE: Blake RE -4995 Resubmittal
Since we had to survey the septic system as a part of the inspection here is what I know. The distance from the right of
way to the closest leach field point is 33.1 feet. The manhole for the septic system is 83.7 feet south of the right of way.
We are assuming a 30' right of way south of the section line.
This information was submitted to Health as a part of the inspection application.
I am including Health's letter "grandfathering" the septic system.
If any change or upgrade is ever made then they have required the new proposal to be submitted and approved so that
they can ensure that any change will bring it up to current code.
I will get these in the mail to you today.
Thank you.
Paull
G. Paull Nation, Jr., AICP
Platting & Entitlement Manager
Front Range Resources LLC
999 18th Street, Suite N270
Denver, Colorado 80202--2499
E -Mail: pnation(a)frontrangeresources.com
From: Kim Ogle [kogle@co.weld.co.us]
Sent: Tuesday, June 08, 2010 6:22 AM
To: pnation@frontrangeresources.com
Cc: Kim Ogle
Subject: RE: Blake RE -4995 Resubmittal
Paull
The plat(s) are acceptable. Does the septic field located on
and is not located in the right-of-way?
Thank you for the follow-up. Please provide documentation
plats.
Kim Ogle
Lot A of this Recorded exemption meet setbacks
for the outstanding issues with the signed mylar
•
From: pnation@frontrangeresources.com [mailto:pnation@frontrangeresources.com]
Sent: Monday, June 07, 2010 5:19 PM
To: Kim Ogle
Cc: rphuwa@gmail.com; bhesselbach@clmanhard.com
Subject: Blake RE -4995 Resubmittal
Kim,
Attached please find a PDF of the revised RE plan and written response comments for RE -4995.
Full sized sets in route via US Mail.
Rich and Patty Huwa have completed the septic inspections and I have included a copy of the receipt of payment to RE3J
in my written response letter.
Paull
G. Paull Nation, Jr., AICP
Platting & Entitlement Manager
Front Range Resources LLC
999 18th Street, Suite N270
2
Denver, Colorado 80202--2499
M •
E -Mail: pnation(a,frontrangeresources.com
• •
Kim Ogle
To:
Subject:
Paull Nation
RE: RE -4995 - Blake - RE -3J Receipt of Payment 3-23-10
Paul
Staff review of SE -1151 prepared by Carroll & Lange, dated 12-18-2009 are as follows:
Page 1 of 3
Remove the Legal Description for Lot A RE -4951, the plat is for the Subdivision Exemption only
Page 2 of 3
The SE parcel is delineated, but not in context with the entire "Mother" parcel. All lands associated with this
application are to be delineated on sheet 2
Page 3 of 3
All reference to Lot A of RE -4951 must be removed from the plat
Request Book and Page for all established rights -of -way associated with public roads, typical all sheets
The Quit Claim Deed, Reception number 3678966 for a property line adjustment creates a legal non -buildable
lot. The correct application should be a subdivision for a Lot line adjustment for the 30 foot area covered by
the QCD and the Prospect Community Church property. Remove the call out for the Quit claim Deed reception
number for the adjustment of the property line. This action of the QCD makes the Prospect Church property
legal and non -buildable and also makes the SE -Lot in similar stead. The required action is a Subdivision
Exemption for a Lot Line Adjustment. This application is required to be submitted for referral and
administrative action.
Remove the detailed site information associated with Lot A. This information is not required per the
Subdivision Exemption plat.
Other outstanding issues associated with the SE - 1151 plat:
Condition of approval 4.B — Provide a recorded copy of the shared well operation and maintenance agreement
Condition of Approval 4.D — Provide evidence of the location of the septic field in relation to the common line
between the Prospect Community Church and the SE Lot. Submit to Environmental Health Department for
approval and sign -off.
Condition of Approval 4.K Statement of Taxes
Staff review of RE -4951 prepared by Carroll & Lange, dated 12-18-2009 are as follows:
Remove the callout for Lot A on the SE Lot, note the location of the SE -1151 Lot as being North of the
proposed Lot A of the Recorded Exemption
Remove the call out for the Quit claim Deed reception number for the adjustment of the property line. This
action of the QCD makes the Prospect Church property legal and non -buildable and also makes the SE -Lot in
similar stead. The required action is a Subdivision Exemption for a Lot Line Adjustment. This application is
required to be submitted for referral and administrative action.
Request Book and Page for all established rights -of -way associated with public roads, typical all sheets
Question? Why does property line not extend to the Quarter Section Line? The document reception number
3563026 calls for an Easement Deed, or right -to -pass. This does not create an adjustment in property line.
Should the property owner be of the belief that this action does create a lot line adjustment, the property was
conveyed incorrectly and requires a Subdivision Exemption for a Lot line adjustment. The call out on the Drat
survey plat identifies this as an easement. Please clarify.
i
il
Further the Easement Deed delinees a 30 foot easement on a drawing pr�ared by Carroll and Lange; The
text in the Easement Deed calls out a 20 foot easement and the Recorded Exemption plat callout is for 12
feet. Reference Sheet 6 of 6. Please clarify.
Reception Number 3619947 callout is for a 60 foot access easement. This same easement overlaps the
previously discussed Easement Deed reception number 3563026. Are both required to serve the same
purpose?
Why does the 300 foot radius well easement have the same reception number as the 60 foot access
easement? Both are called out as 3619947?
Remove all extraneous callouts for property reception numbers not associated with this Recorded Exemption,
including property lines.
Other outstanding issues associated with the RE -4951 plat
Need to delineate the SE Lot and note: (Not a Part)
Clearly label approved points of ingress and egress
Staff questions why there is a flagpole of 66.50 feet in dimension when there is a shared access to the
SE Lot and Lots A and B of RE -4951?
Please provide comment. Staff requests eastern property line of SE Lot and Lot A or RE 4951
align with the easternmost line in this location.
South 00 Degrees 49 minutes 00 Seconds East
Remove the Note associated with the Prospect Community Church, not needed
Clearly label Lot A and the defined boundaries. Place Gross and Net acreage on plat
Clearly label Lot B and the defined boundaries. Place Gross and Net acreage on plat
Please provide a follow-up copy of all drawings associated with this application for final review prior to
submitting documents for recording. Questions may be directed to this office.
Thank you.
Kim
Kim Ogle
PiaoriPy ervics ( ro ey C)'iict>
1.7.j': Avenue I r_iree!ev CO ,. J 1 j k0']i! 0)! O dEt'C (:)
`,4`? F s'',
From: Paull Nation[mailto:pnation@jfcompanies.com]
Sent: Thursday, March 25, 2010 9:21 AM
To: Rich and Patty Huwa; Kim Ogle
Cc: Bill F. Hesselbach
Subject: RE -4995 - Blake - RE -3J Receipt of Payment 3-23-10
Status Update
Attached please find a PDF of the receipt of payment by Weld County RE -3J.
2
•
Also, we are now moving forward with the survey of the septic system as required by the County Approval Conditions.
As soon as the snow clears a crew will physically locate and plot the septic system on the RE.
Also, comment 4.A. of the conditions of approval calls for the depiction of a proposed building envelop on the remaining
agricultural parcel.
Since we are not intending any building on that parcel and since the purpose of this RE was to put the existing residence
and farm buildings on their own lot we ask that this condition be waived.
As soon as we are ready for resubmittal I will give everyone a heads -up.
Paull
PS. I have added a new e-mail address at the base of my signature.
Please use it until further notice, we are moving our network and this will avoid lost e -mails.
Thanks.
G. Paull Nation, Jr. AICP
Platting & Entitlement Manager
JF Companies
4643 South Ulster Street
Suite 1300
Denver, Colorado 80237
Phone: (303) 843-9742
Fax: (303) 740-8657
PNation@ifcompanies.com
pnation frr@comcast.net
3
PHONE: (3O3) 843-9742
JF Companies
4643 S. Ulster St. Suite 13OO
Denver, CO 8O237
TRANSMITTAL
FAX: (303) 843-0143
.l'o: Kim Ogle, Planning Manager
Date: March 16, 2010
Department of Planning Services Re: RE -4951 & SE -1151 final check set
918 Tenth Street
Greeley, CO 80631
Attn: Kim
WE ARE SENDING YOU VIA:
US Mail
Copies
Dated
Description
2
12-18-09
Revised RE -4951 (24X36) - Final Mylar Check Set
2
12-18-09
Revised SE -1151 (24X36) - Final Mylar Check Set
THESE ARE TRANSMITTED:
Other
REMARKS:
For approval
By:
"Paull Nation, Jr., AICP,
cc:
Platting & Entitlement Manager File:
M^PY Water IPLarry Ltx Baamgartnet'SUUII - Sarveysb. Exemption Plat t'ransmittals,Transmittal to Kim Ogle 3-16-1U.dor:x
• •
Brad Mueller
From:
Sent:
To:
Subject:
Mary Cavnah
Thursday, October 22, 2009 3:08 PM
Bradlvlueller
RE -4954 and SE -1151
Brad,
The condition regarding abandoning the septic system for the house that is to be utilized as
storage has been met. We have not received documentation regarding the shared well
condition.
Mary Cavnah
Environmental Health Services
Weld County Department of Public Health & Environment
1555 North 17th Avenue
Greeley, Colorado 80631
Office #: 970-304-6415, Extension 2216
Fax #: 970-304-6411
•
i
HELD CHECK
Inspection Date: `6 (1 /01
Applicant: 1 Y
Request: SE J
Legal: Section: T: N R: W
Location:
Case #: JOE- y is" I
Parcel ID #:
Acres:
Zoning
Land Use
N
I A
/-`
N
,, (Akirp(i., 1neG ce , LAr IA3 i
ne cr r °s (lam ¶ Z. — c(G.s c% An rint,
E
A
E
LfS
d -Q. , �Y K�'L ) Qi'
S
1f�
n , -)
W
W I NUJ- stivcol, Lis '„,.4,j,
Comments: p }
Z inO {M(id tt ) I ri tz l
Signature
House(s)
c Outbuilding(s)
cz, Access to Property
yL Crop Productions
Site Distance
❑ Mobile Home(s)
❑ Other Animals On -Site
❑ Water Bodies
❑ Ditch
Derelict Vehicles
❑ Non-commercial junkyard (list components)
❑ Irrigation Sprinkler
'a Crops
❑ Wetlands
❑ Oil & Gas Structures Net
❑ Wildlife
❑ Utilities On -Site (transmission lines)
sz Topography
Note any commercial business/commercial vehicles that are operating from the site.
• •
Brad Mueller
From: Stevenljanssen@cs.com
Sent: Thursday, August 13, 2009 12:11 PM
To: Brad Mueller
Cc: pnation@jfcompanies.com
Subject: RE 4951 and SE 1151
Attachments: ExhibitsforContract.pdf
Hello Brad:
I have attached a .pdf file that outlines the additional acre that will be added to the area of this
recorded exemption with two lots (by subdivision exemption).
Also, the applicant, PV Water will require an access easement to its Lot B, along the easterly
driveway as noted on the attached file. Thus, we will request that the same be noted on the prior to
the planned conveyance of Lot A to Larry Lee and Mary Kay Baumgartner.
For your information, the planner for this project is now:
G. Paull Nation, Jr. AICP
Platting &Entitlement Manager
JF Companies
4643 South Ulster Street
Suite 1300
Denver, Colorado 80237
Phone: (303) 843-9742
Fax: (303) 843-0143
PNation(ct7ifcompanies.com
I understand you and Paull are already acquainted.
Finally, if there is any further information you may require to process these applications please
contact me.
Sincerely,
Steven Janssen, Esq.
3990 Pleasant Ridge Rd.
Boulder, CO 80301-1718
Telephone: 303-443-4337
email: Stevenlianssent cs.com
1
• •
Larry Lee Baumgartner - Exemption
August 13, 2009
PROPOSED RECORDED EXEMPTION
A PART OF THE EAST HALF OF THE NORTHWEST QUARTER OF SECTION 10
TOWNSHIP 1 NORTH, RANGE 63 WEST, OF THE SIXTH PRINCIPAL MERIDIAN,
COUNTY OF WELD, STATE OF COLORADO.
SHEET IOFI
STATE HIGHWAY 52 {00' ROW)
SCALE: 1"-5oo• —®r- • Carroll a Lange g
4Mr1'r to tMtAleMttlll[k ►irdptnt II t/%. 14W 1/4 WC 40, 1111. elP1. MEW K. MC►AlICOr a/itit» ne 9MQr 1 01 1
P.vKhw. asiclSW omookmw. &A T t64atUWTA 01t1L-0MV
M -\PV Water II\tarry Lee Baurrgartner15000. Surveysl6. Exemption Plat\Exhibrts For Conlract.Docx
Larry Lee Baumgartner - Exemption
August 13, 2009
Approximate limits of
15' Access Easement to
reach the well.
Approximate limits of
additional acreage to
increase area by 1 acre.
M \PV Water II\Larry Lee BaumgaMen5000 - Surveys\6. Exemption Flat \Exhibits For Contracl.Docx
• •
Wine
COLORADO
APPLICATION FLOW SHEET
APPLICANT: P.V. Water III, LLC CASE #: RE -4951
REQUEST: 2 lot split (in conjunction with SE)
LEGAL: Part of East '% of Northwest'/ of Section 10, Township 1, Range 63
LOCATION: South of and adjacent to CR 12 (Hwy 52) & East of CR 67.
PARCEL ID #: 147710000017
ACRES: 61 +/- (peenfow
Date
FiCom
Sc)
By
Application Received
7/10/09
CG
Application Completed
7/13/09
BM
Referrals listed
7/13/09
BM
Vicinity map prepared
7/13/09
BM
File assembled
Agito
/_
Case logged in computer
-7.
Letter to applicant mailed
Referrals mailed
Field check by DPS staff
16 / ). / 0 o
dU"-
Administrative Review decision: APra.\ rc
qr2£ (oil
ge''"
Board of County -Commissioners hearing (if applicable
County Commissioners Hearing Date
Surrounding property owners notified
AVA
Presentation prepared
CC action:
CC resolution received
'__
Date
B
Date
Plat recorded and filed
KP& -2//4',/b
0
( '
O
f C1n4 Ill!
Overlay Districts
Zoning
MUD
IGA
Airport
Geologic
Flood Hazard
A
Yes
Yes
Yes
Yes
Yes
No X
No X
No X
No X
No X
RECORDED EXEMPTION (RE) APPLICATION
FOR PLANNING DEPARTMENT USE
RECEIPT/AMOUNT # 15- 1 1 (' is 7°°
APPLICATION RECEIVED BY CG
DATE RECEIVED 1/13 /0 9
CASE # ASSIGNED: Re " 9 S /
PLANNER ASSIGNED' S `'L
Parcel Number 1 4 7 7 _ 1 0 _ 0 - 0 0 _ 0 1 7
(12 digit number - found on Tax I.D. information, obtainable at the Weld County Assessor's Office or www.co.weld.cus)
Legal Description Part of E/2 of NW/4
, Section 10 , Townshipl North, Range63 West
Has the property been divided from or had divided from it any other property since August 30, 1972? Yes No X
Is this parcel of land, under consideration, the total contiguous land owned by the applicant?
FEE OWNER(S) OF THE PROPERTY:
Name: P.V. Water Ill, LLC do Chris Paulson, Manager
Work Phone # 303-843-9742 Home Phone #
Address: 4643 So. Ulster St.. Ste. 1300
City/State/Zip Code Denver, CO 80237
Yes No X
Email Address cpaulson@jtcompanles.com
APPLICANT OR AUTHORIZED AGENT (See Below Authorization must accompany all applications signed by Authorized Agent)
Name: Steven Janssen
Work Phone # 303-443-4337 Home Phone #
Address' 3990 Pleasant Ridge Rd.
City/State/Zip Code Boulder, CO 80301
Email Address Stevenljanssen@cs.com
Lot A
Smaller Parcel
Lot B
Lot C
Lot D
Water Source
Domestic Well
N/A
Type of Sewer
ISDS
N/A
Proposed Use
Residential - Existing
Agricultural - Existing
Acreage
4 acres +/-
57 acres +/-
Existing Dwellings?
If Yes, list address
below:
33394 Hwy. 52 Weld
If Yes, list address
below:
If Yes, list address
below:
If Yes, list address
below:
e property is vacant or um
example, if a well and septic is proposed state: proposed well, proposed septic.
I (We) request that the following described property be designated a Recorded Exemption by the Weld County
Board ofCountyCommissioners. I (We) hereby depose and state under penalties of perjury that all statements,
proposals, and/or plans submitted with or contained within the application are true and correct to the best of my
(our)knowledge. Signa$es of all fee owners of property must sign this application. If an Authorized Agent signs, a
letter of authorization m all fee owners must be included with the application. If a corporation is the fee owner,
notarized evidenAfii st be included showing the signatory has the legal authority to sign for the corporation.
Co
Signal ire=Qlvnbr or Authorized Agent Date
Signature: Owner or Authorized Agent Date
l4(
• •
P. V. Water III, LLC
4643 So. Ulster St., Ste. 1300
Denver, CO 80237
303-843-9742
NOTIFICATION OF AUTHORITY
July 1, 2009
To whom it may concern:
Please be advised that I, Christopher R. Paulson, am the duly designated and acting
Manager of P.V. Water III, LLC, a limited liability company, organized and operating under
provisions of Title 7, Article 80, of the Colorado Revised Statutes.
Further, I hereby acknowledge and affirm that as the duly designated and acting Manager
of P.V. Water III, LLC, a limited liability company, I am authorized, pursuant to C.R.S. § 7-80-
402 and the company's Articles of Organization to approve, execute and file the attached
Recorded Exemption (RE) Application and Subdivision Exemption (SE) Application regarding
that real property, situate in Weld County, Colorado, owned by P. V. Water III, LLC and
described as:
All that part of the East One Half of the Northwest Quarter of Section 10, Township 1
North, Range 63 West of the Sixth Principal Meridian, County of Weld, State of Colorado;
Excepting therefrom Lots A, B and C of Recorded Exemption No. 1477-10-1-RE2254,
according to the map recorded September 3, 1998 at Reception No. 2637892, being a part of the
North %3 of Section 10, Township 2 North, Range 6 West of the 6th Principal Meridian;
Also excepting therefrom that parcel of land conveyed to the Prospect Community
Church recorded December 8, 1943 in Book 1122 at Page 278 Weld County Records;
Also excepting therefrom those parcels of land conveyed to School District No. 96, Weld
County by Deeds recorded December 1, 1925 in Book 787 at Page 107, February 10, 1939 in
Book 1038 at Page 10, and May 28, 1952 in Book 1331 at Page 494 Weld County records;
Also excepting therefrom that parcel of land bounded to the North by Deed recorded in
Book 1038 at Page 10, to the East by Deed recorded in Book 787 at Page 107, to the South by
Deed recorded in Book 1331 at Page 494 and to the West by Deed recorded at Reception No.
1756411 Weld County Records.
Should you have any questions or require any additional documentation regarding my
authority to act on behalf of P.V. Water III, LLC please do not hesitate to contact me at the
above address.
Sincerely,
C1dlis er R. Paulson, Manager
P. V. Water III, LLC, a Colorado Limited Liability Co.
• •
P. V. Water III, LLC
4643 So. Ulster St., Ste. 1300
Denver, CO 80237
303-843-9742
DESIGNATION OF AGENT
July 1, 2009
To whom it may concern:
Please be advised that as the duly designated and acting Manager of P.V. Water III, LLC,
a limited liability company I hereby designate Steven L. Janssen, Esq., 3990 Pleasant Ridge Rd.,
Boulder, CO 80301 (303) 443-4337 as the true and lawful agent of P. V. Water III, LLC for the
limited purpose, and none other, of acting and communicating with the Weld County, Colorado,
Department of Planning Services regarding the attached Recorded Exemption (RE) Application
and Subdivision Exemption (SE) Application applicable to that real property, situate in Weld
County, Colorado, owned by P. V. Water III, LLC and described as:
All that part of the East One Half of the Northwest Quarter of Section 10, Township 1
North, Range 63 West of the Sixth Principal Meridian, County of Weld, State of Colorado;
Excepting therefrom Lots A, B and C of Recorded Exemption No. 1477-10-1-RE2254,
according to the map recorded September 3, 1998 at Reception No. 2637892, being a part of the
North V2 of Section 10, Township 2 North, Range 6 West of the 6th Principal Meridian;
Also excepting therefrom that parcel of land conveyed to the Prospect Community
Church recorded December 8, 1943 in Book 1122 at Page 278 Weld County Records;
Also excepting therefrom those parcels of land conveyed to School District No. 96, Weld
County by Deeds recorded December 1, 1925 in Book 787 at Page 107, February 10, 1939 in
Book 1038 at Page 10, and May 28, 1952 in Book 1331 at Page 494 Weld County records;
Also excepting therefrom that parcel of land bounded to the North by Deed recorded in
Book 1038 at Page 10, to the East by Deed recorded in Book 787 at Page 107, to the South by
Deed recorded in Book 1331 at Page 494 and to the West by Deed recorded at Reception No.
1756411 Weld County Records.
Should you have any questions or require any additional documentation regarding my
designation of Mr. Janssen to act on behalf of P.V. Water III, LLC in these limited respects,
please do not hesitate to contact me at the above address.
Paulson, Manager
, LLC, a Colorado Limited Liability Co.
• .
RECORDED EXEMPTION (RE) QUESTIONNAIRE
Introductory Statement:
In June of 2008, Applicant's predecessor P. V. Water II, LLC purchased the "subject
property" an approximate 61 acre parcel for which this recorded exemption is requested,
including its surface irrigation water rights and designated basin groundwater rights, from Larry
Lee and Mary Kay Baumgartner. P. V. Water II, LLC also purchased an approximate 71 acre
parcel that lies contiguous to, and directly west of, the subject property from Rodney
Baumgartner. A separate recorded exemption application has been filed for the contiguous 71
acre parcel. The 61 acre subject property was a legally existing parcel as of August 30, 1972.
See attached Certificate of Conveyance.
During 2008, Applicant's predecessor P. V. Water II, LLC also purchased numerous
other farms, including their surface irrigation water rights and designated basin groundwater
rights, located within Southeastern Weld County. In April of 2009, P. V. Water II, LLC
conveyed its interest in the 61 acre subject property, the contiguous 71 acre parcel and its other
farms located within Southeastern Weld County to the Applicant P. V. Water III, LLC. See
attached Special Warranty Deed (PV Water II to PV Water III) recorded on May 1, 2009 at
reception no. 3619941.
Applicant's predecessor P. V. Water II, LLC has obtained, and in the future, P. V. Water
III, LLC intends to obtain, the approval of the Colorado Groundwater Commission to change the
use, and allow the export, of the designated basin groundwater rights from its farms. Applicants
purchase of the 61 acre subject property, including its water rights, provided that the original
Sellers, Larry Lee and Mary Kay Baumgartner, would re -purchase from Applicant a four acre
portion of the subject property whereupon existing residences, accessory structures, out
buildings, individual septic disposal systems and a shared domestic exempt well are presently
located. This contractual right of re -purchase is subject to Applicant obtaining the recorded
exemption, including subdivision exemption, sought herein.
1. Water supply statements addressing the following:
a. Domestic Use (evidence of sufficient quality, quantity and dependability):
The existing residences located within proposed Lot A are currently served by a domestic
exempt well, permit # 277893, attached. This domestic exempt well is located in the Lost Creek
Designated Groundwater District. Pursuant to C.R.S. sec. 37-90-105, this domestic exempt well
is permitted for the watering of livestock on range and pasture, for domestic purposes inside 3
single family dwelling(s) and irrigation of no more than 1 acre of lawn and garden, with a
maximum pumping rate of 40 GPM.
This well, since its first beneficial use in October, 1954, has historically and continuously
served as the domestic water supply for all three houses located on the proposed Lot A of the
recorded exemption requested. At 40 GPM this well was sufficient to meet the inside domestic
and limited outside irrigation needs of all three houses. The Applicant seeks a recorded
1
• •
exemption and subdivision exemption allowing just two residences on separate lots. Therefore
this existing domestic exempt well produces more than sufficient supply for two residences.
Upon approval of this recorded exemption, the Applicant has contracted to convey
proposed Lot A, sought to be approved by this recorded exemption application, together with
two lots within this recorded exemption, sought to be approved by an accompanying subdivision
exemption application, for the existing residences, accessory structures, out buildings and
domestic well(s), back to Larry Lee and Mary Kay Baumgartner, original Sellers of the entire
parcel.
b. Irrigation Water (type and quantity of irrigation water to the site):
Almost twenty-four acres of the existing 61 acre subject mother parcel is located within
the Henrylyn Irrigation District and thus is entitled to an annual allocation from, and delivery of
irrigation water through, the Henrylyn system. The mother parcel had also been approved by the
State Engineer for the Applicant's appropriation of an irrigation supply from the groundwater
alluvium of the Lost Creek Designated Basin. It is this designated basin groundwater which the
Applicant intends to change from agricultural use to all beneficial uses and export the
consumptive use portion of this designated basin groundwater appropriation from the subject
property to a municipal end -user. The requisite applications to approve such change of use and
the export of such consumptive use portion of the designated basin groundwater have already
been prepared and/or filed by the Applicant. The designated basin groundwater is no longer
being used for agricultural irrigation on the mother parcel. The Henrylyn Irrigation District
allocation remains unchanged as the right to receive such irrigation water is "tied to the land"
and this will be the source of supply for continued agricultural production on proposed Lot B.
2. Statement showing that the proposed lots will have an adequate means for disposal
of sewage in compliance with requirements of the underlying zone district and the Weld
County Department of Public Health and Safety:
Each of the existing residences within proposed recorded exemption Lot A, including the
two existing residences' within the subdivision exemption sought to be created within recorded
exemption Lot A, are served by individual septic disposal systems (permit #s SE -0800037, SE -
0800038 and SE -0800039, attached). The mother parcel will not be developed for residential use
and thus has no need for sewage disposal.
3. Description of how the property is currently being used (including, if parcel located
in the agricultural zone district, number and type of livestock, any existing improvements
and summary of farming operations):
Approximately 57 acres of the property are currently being used for agricultural
production. The remainder of the property (four acres) is used for the existing residences
The existing three residences are all located together on the four acre parcel proposed recorded exemption Lot A.
The oldest house (located at the far southwest of the proposed Lot A) will be abandoned as a residence, no longer
to be inhabited but rather to be used for storage.
2
• •
including their out buildings and septic systems. There are no livestock currently maintained on
the property. The agricultural portion of the property is currently irrigated by surface water from
the Henrylyn Irrigation District. The agricultural portion of the property is capable of producing
a variety of crops including small grains, beans, hay, corn and spring wheat.
4. Description of location, size, present and future use of area where proposed new
lot(s) will be created:
The proposed new Lot A to be created by this recorded exemption is located south of
Highway 52 in the area of Prospect Valley and is bordered on the north by the Prospect Valley
Church and on the west by the Weld Central School Bus Barn. The proposed new Lot A will be
approximately four acres in size, sufficiently large to accommodate two existing residences, their
septic systems and out buildings. A subdivision exemption is being applied contemporaneously
herewith so as to allow separate lots for each of the two residences. A third existing residence
will be abandoned as a residence and will be converted to an accessory storage structure. The
land within Lot B of the proposed recorded exemption will continue in agricultural production.
Applicant does not seek any new building envelopes, whether on the proposed Lot A or the
mother parcel.
5. Description of any unique physical characteristics of the site:
The site sits on a slight northerly facing slope with the existing residential improvements,
including out buildings, surrounded by agricultural land. Irrigation laterals for the delivery of
irrigation water traverse the southern portion of the parcel.
6. Statement indicating where a primary building envelope and/or alternative building
envelope will be designated on any of the lots:
This Recorded Exemption is requested to establish a separate 4 acre proposed Lot A for
existing residential improvements, including out buildings, which Applicant has agreed to re -
convey to the original Sellers of the surrounding agricultural property. No building envelopes
are requested.
7. Identify any Business or Use by Special Review permit on the property. If so, will
they be vacated or remain on the Recorded Exemption Lot(s):
There are no Businesses or Uses by Special Review permitted on the property.
3
Delinquent Tax Notice
Account Number: R6516486
Parcel: 147710000017
Tax Amount Due: S0.00
Payment Due By: 06/16/2009
If you want a receipt, please check this box and
include a self addressed stamped envelope.
Check this box for address correction, and make
changes below.
Please Return this Portion with your Payment
PV WATER II LLC
4643 S ULSTER ST STE 1300
DENVER, CO 80237
Mute checks payable to:
Treasurer
John R. Lefebvre, Jr.
1400 N. 17th Avenue
Greeley, CO 80631
Phone: 970-353-3845
ext. 3290
THIS WILL BE YOUR ONLY NOTICE OF
DELINQUENCY
Account Number: R65I6486
Parcel: 147710000017
Assessed To:
PV WATER H LLC
4643 S ULSTER ST STE 1300
DENVER, CO 80237
Treasurer
John R. Lefebvre, Jr.
1400 N. 17th Avenue
Greeley, CO 80631
Phone: 970-353-3845
ext. 3290
Legal Description Situs Address
7067 E2NW4 10 1 63 EXC E10 A OF NE4NW4 ALSO EXC 1A CHURCH 33394 52 HWY WELD 00000
ALSO EXC BEG 1315'E OF NW COR S518.5' E503.5' N518.5' W503.5' TO
BEG ALSO EXC BEG 330'W OF CEN SEC N40' W50' S28' W902' S12'
E952' TO BEG (.29A) SITUS: 33394 52 HWY WELD 00000
Year Charges
2008 Interest
2008 Tax
Billed Payments Balance
$31.54 $31.54 $0.00
$1,576.81 $1,576.81 $0.00
Grand Total Due as of 06/16/2009 $0.00
<publicwebuser> @ Jun 16, 2009 3:51:17 PM Weld Page 1 of 1
•
S
DEPARTMENT OF PLANNING SERVICES
NORTH OFFICE
91810T Street
GREELEY, CO 80631
PHONE: (970) 353-6100, Ext. 3540
FAX: (970) 304-6498
1111111e
COLORADO
July 14, 2009
P.V. Water III, LLC
c/o Steven Janssen
3990 Pleasant Ridge Rd
Boulder CO 80301
Subject: RE -4951 - A Recorded Exemption located on a parcel of land described as Part of E2NW4 of
Section 10, T1 N, R63W of the 6th P.M., Weld County, Colorado.
Dear Applicants:
Your recorded exemption application is being processed. If it is determined that the application meets the
approval criteria of Chapter 24 of the Weld County Code, you will be notified that the recorded exemption is
approved. If the staff determines that the application does not meet the approval criteria or if staff has
concerns with the application, staff may elect to forward the application for review to the Board of County
Commissioners. You will be notified and asked to appear before the Board of County Commissioners at a
public hearing. You will be informed of the hearing date prior to the hearing. The Board of County
Commissioners will then consider your application and make a final decision on the recorded exemption.
If you have any questions concerning this matter, please call me.
Sincerely,
Brad Mueller
Planner
REFERRAL LIST
Name: P.V. Water III, LLC
County
_Attorney
x Health Department
_Extension Office
_Emergency Mgt Office - Ed Herring
Sheriffs Office
✓ x Public Works
_Housing Authority
_Airport Authority
v x Building Inspection
Code Compliance _S. -Ann _N -Beth
Kim Ogle (Landscape Plans)
_Lin (Addressing Change of Zone)
Ambulance Services
State
_Div. of Water Resources
_Geological Survey
_Department of Health
/ x Department of Transportation
Historical Society
_Water Conservation Board
Oil & Gas Conservation Commission
Division of Wildlife
_South Hwy 66 (Loveland)
_North Hwy 66 (Greeley)
_Division of Minerals/Geology
Soil Conservation Districts
Big Thompson/ FTC
_Boulder Valley/Longmont
Brighton/SE Weld
Centennial
_Greeley/West Greeley
_Platte Valley
West Adams
_Little Thompson
Federal Government Agencies
_US Army Corps of Engrs
USDA -APHIS Vet Service
v
Federal Aviation Admin (Structures
over 200 ft or w/in 20000 ft of Pub /
Airport
Federal Communications Comm
Towns & Cities
Ault
Berthoud
Brighton
Dacono
Eaton
Erie
Evans
Firestone
_Fort Lupton
Frederick
_Garden City
Gilcrest
_Greeley
Grover
Hudson
Johnstown
_Keenesburg
_Kersey
LaSalle
Lochbuie
_Longmont
Mead
Milliken
_New Raymer
_Northglenn
Nunn
Pierce
Platteville
Severance
Thornton
Windsor
Counties
Adams
Boulder
Broomfield
Larimer
Case #: RE -4951
Fire Districts
Ault F-1
Berthoud F-2
_Briggsdale F-24
_Brighton F-3
Eaton F-4
_Fort Lupton F-5
Frederick
Galeton F-6
Hudson F-7
Johnstown F-8
LaSalle F-9
_Mountain View F-10
Milliken F-11
Nunn F-12
Pawnee F-22
Platteville F-13
_Platte Valley F-14
_Poudre Valley F-15
_Raymer F-2
✓ x Southeast Weld F-16
_Union Colony F-20
_Wiggins F-18
Windsor/Severance F-17
Other
x School District RE -3
_Central Cob. Water Cons
RR
x Henrylyn Ditch Company
_Art Elmquist (MUD Area)
Commissioner
Ju. 23. 20020091:25PM H VLYt' IRRIGATION'
•
No, 2388 P. 1
COLORADO
Weld County Referral
July 14, 2009
The Weld County Department of Planning Services has received the following item for review:
Applicant
Please Reply By August 14, 2009
Project
P.V. Water III, LLC Case Number RE -4951
Legal
Location
Two -Lot Recorded Exemption
Planner Brad Mueller
Part of E2NW4 of Section 10, TIN, R63W of the 6th P.M., Weld County,
Colorado.
South of and adjacent to CR 12 (Hwy 52) & East of CR 67. For a more precise
location, see legal.
Parcel Number 1477 10 000017
The application is submitted to you for review and recommendation. Any comments or recommendation you
consider relevant to this request would be appreciated. Please reply by the above listed date so that we may
give full consideration to your recommendation. Any response not received before or on this date may be
deemed to be a positive response to the Department of Planning Services. If you have any further questions
regarding the application, please call the Planner associated with the request. Please note that new
information may be added to applications under review during the review process. If you desire to
examine or obtain this additional information, please call the Department of Planning Services.
❑ W have reviewed the request and find that it does / does not comply with our Comprehensive Plan
We have reviewed the request and find no conflicts with our interests.
❑ See attached letter.
❑ Please notify me of any public hearings regarding this request.
Comments:
Signature
Agency
*Weld County Planning Dept. 091810" Street Greeley, CO. 80631 4(970) 353-8100 ext.3540 4(970)304-6498 fax
Date
•
Weld Clanning Department
LEY OFFICE
AUG 13?fmq
Weld atrawkibferral
July 14, 2009
The Weld County Department of Planning Services has received the following item for review:
Applicant P.V. Water III, LLC Case Number RE -4951
Please Reply By August 14, 2009 Planner Brad Mueller
Project Two -Lot Recorded Exemption
Legal Part of E2NW4 of Section 10, Ti N, R63W of the 6th P.M., Weld County,
Colorado.
Location South of and adjacent to CR 12 (Hwy 52) & East of CR 67. For a more precise
location, see legal.
Parcel Number 1477 10 000017
The application is submitted to you for review and recommendation. Any comments or recommendation you
consider relevant to this request would be appreciated. Please reply by the above listed date so that we may
give full consideration to your recommendation. Any response not received before or on this date may be
deemed to be a positive response to the Department of Planning Services. If you have any further questions
regarding the application, please call the Planner associated with the request. Please note that new
information may be added to applications under review during the review process. If you desire to
examine or obtain this additional information, please call the Department of Planning Services.
❑ We have reviewed the request and find that it does /does not comply with our Comprehensive Plan
4t We have reviewed the request and find no conflicts with our interests.
U See attached letter.
OPlease notify me of any public hearings regarding this request
Comments:
Signature
Agency
-c) d,t l
�a 5� u2°!/ /904/04.)Sze /onJ
e)
Date
+Weld County Planning Dept. +918 10th Street Greeley, CO. 80631 +(970) 353-6100 ext.3540 +(970)304-6498 fax
•
Old County Planning Capartmenf
GREELEY OFFICE
itottplMEMORANDUMVED
S :4
7of'Q
W�`D' TO: Brad Mueller, Planning Services DATE: August 13, 1 2009
C� FROM: Heidi Hansen, P.E., Public Works Department \AA
COLORADO SUBJECT: RE -4951, P.V. Water III, LLC
The Weld County Public Works Department has reviewed this proposal. Staff comments made during this phase of the
process may not be all-inclusive, as other concerns or issues may arise during the remaining application process. Issues
of concern must be resolved with the Public Works Department. Our comments and requirements are as follows:
COMMENTS:
WCR 67 is a local gravel road and requires a 60 -foot right-of-way at full build out. There is presently a 60 -foot right-of-
way. This road is maintained by Weld County. Pursuant to the definition of SETBACK in the Weld County Zoning (23-1-
90), the required setback is measured from the future right-of-way line.
The most current road count for WCR 67 is 82 AADT taken in October of 2008.
The Colorado Department of Transportation (CDOT) has jurisdiction over all accesses to the state highways. Please
contact Gloria Hice-Idler at the Greeley office to verify the access permit or for any additional requirements that may be
needed to obtain or upgrade the permit. (State Highway 52)
REQUIREMENTS:
The applicant shall place on the plat drawing: 30 -foot access easement across Lot A (4 acres) as specified in RE -4951
for the benefit of Lot B (57 acres) as specified in RE -4951 and for the benefit of Lot SE #1 as specified in SE -1151.
The applicant shall provide a copy of the approved CDOT access permits for the existing State Highway 52 accesses. If
both accesses are not permitted through CDOT, the access that is not permitted will need to be permanently closed.
Pursuant to Chapter 15, Articles I and II of the Weld County Code, if noxious weeds exist on the property or become
established as a result of the proposed development, the applicant/landowner shall be responsible for controlling the
noxious weeds. All vegetation, other than grasses, needs to be maintained at a maximum height of 12 inches until the
area is completely developed.
FLOOD HAZARD DEVELOPMENT STANDARDS:
This area IS NOT in a Special Flood Hazard Area (SFHA) as determined by the Federal Emergency Management Agency
(FEMA).
pc: RE -4951
Page I of 1 M:\PLANNING - DEVELOPMENT REVIEW\RE-Recorded Exemption\RE-4951.doc
•
AG
RES
O&G
D.R.
0
46.
WELD COUNTY ROAD ACCESS INFORMATION SHEET
Weld County Department of Public Works
111 H St PO Box 758 Greeley CO 80632
Phone: (970 )356-4000 x3750 Fax: (970) 304-6497
Road File #:
RE#:
1. Applicant Name IP V Wlimit 11i, < <-C- Phone 30 3 el S 9 7N Z
Address Yee y3 So tit. Srife_ Sr City j9 4J✓k, State co Zip go ? <7
2. Address or Location of Access 3.339' ST f-/e...4,Y t?
Section / v Township / mil Range C-,3 w Subdivision Block Lo)
Weld County Road #: Side of Road 5 Distance from nearest intersection 7/ ^-e' s e_
3. Is there an existing access(es) to the property? Yes E.----- No # of Accesses
4. Proposed Use: ��,,,,��
[noanent L7Residential/Agricultural ❑ Industrial
❑ Temporary ❑Subdivision ❑ Commercial ❑Other
...«******«».«».»»..»...««.««******«*************************.«******************.«.«tttttttttttttttttttttttttttttttttt»t.t
Date:
Other Case #:
5. Site Sketch
Legend for Access Description:
= Agricultural
= Residential
= Oil & Gas
= Ditch Road
= House
= Shed
= Proposed Access
= Existing Access
oor �1/V
�f>°tD ,o flits b.
ex/.Jr%6 4cc�JSFJ
fHH1*RtffltkifNNHf11Mf tff'ff*TYRit
Cti REs
o n
L7 L
5rf-/c
5 7 -
OFFICE USE ONLY:
Road ADT Date Accidents Date
Road ADT Date Accidents Date
Drainage Requirement Culvert Size I ength
Special Conditions
❑ Installation Authorized
Information Insufficient
Reviewed By: Title:
•
46t:rn
WI�Yc
COLORADO
Memorandum
TO: Brad Mueller, W.C. Planning
DATE: August 12, 2009
FROM: Lauren Light, W.C. Department of Public
Health and Environment
CASE NO.: RE -4951 NAME: PV Water Ill, LLC
Environmental Health Services has reviewed this proposal to exempt 4 acres from a 61
acre site. Proposed lot A will consist of 4 acres and proposed lot B will consist of 57
acres. There are three existing residences on proposed lot A which are served by a
shared individual well (permit number 277893). There are three individual sewage
disposal systems, 33394 Highway 52 (permit SE -0800037), 33390 Highway 52 (permit
SE -0800038 and 33396 Highway 52 (permit SE -0800039). The application indicates
that one of the homes will be abandoned and used as storage. The septic system for
that residence shall be abandoned in accordance with the Weld County Septic
Regulations if it will not be utilized.
A new individual sewage disposal system and individual well will be required for
proposed lot B if a residence is constructed in the future. SE -1151 is being processed
in conjunction with this recorded exemption.
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
and shall be installed according to the Weld County Individual Sewage Disposal
Regulations. Please note, the lot owners shall verify with the nearest Town/City
or Sanitation District to determine the location of the nearest sewer line. In
accordance with the Weld County Code, if a sewer line exists within 400 feet of
the property and the sewer provider is willing to serve the proposed structure, a
septic permit cannot be granted by the Weld County Department of Public Health
and Environment.
2. The application materials indicate that two houses are proposed to share a
common well. Therefore, the applicant shall submit a document providing for
shared well operation and maintenance by both parcels of land. The declaration
shall be recorded and the recordation number indicated on the plat. A joint
easement agreement shall be indicated on the plat.
3. The septic system must be abandoned in accordance with Section 30-7-70 of the
Weld County Code pertaining to individual sewage disposal systems if it will not
be utilized in the storage house.
• •
Additionally, please note the following:
1. All septic systems must be located on their respective lots and meet all lot line
setback requirements.
2. This application is proposing a well as its source of water. The applicant
should be made aware that while they may be able to obtain a well permit from
the Office of the State Engineer, Division of Water Resources, the quantity of
water available for usage may be limited to specific uses, i.e. domestic use
only, etc. Also, the applicant should be made aware that groundwater may not
meet all drinking water standards as defined by the Colorado Department of
Public Health and Environment. We strongly encourage the applicant to test
their drinking water prior to consumption and periodically test it over time.
3. Topographic or physical features of the proposed lot, such as ravines, ditches,
streams, etc. may limit the area available for a new or replacement septic
system. Prior to recording the plat the Division recommends that the applicants
review the County Code pertaining to Septic Systems to assure that any installed
septic system will comply with all setback requirements found in the Code. In the
event the proposed lot is not of sufficient size to allow the installation of a septic
system the lot may be need to be enlarged.
Robert Powell
Plans Examiner II
Ottiti
IIlige
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: P.V. Water, LLC July 29, 2009
Case Number: RE -4951
Project: Two -Lot Recorded Exemption
Legal: Part of E2NW4 of Section 10, Ti N, R63W of the 6th P.M. Weld County, Colorado.
Location: South of and adjacent to CR 12 (Hwy 52); and approximately % mile east of CR 67.
Parcel Number: 1477 10 000017
There are numerous 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.
Service, Teamwork, Integrity, Quality
•
Weld County Referral
July 14, 2009
The Weld County Department of Planning Services has received the following item for review:
Applicant P.V. Water III, LLC Case Number RE -4951
Please Reply By August 14, 2009 Planner Brad Mueller
Project Two -Lot Recorded Exemption
Legal Part of E2NW4 of Section 10, T1 N, R63W of the 6th P.M., Weld County,
Colorado.
Location South of and adjacent to CR 12 (Hwy 52) & East of CR 67. For a more precise
location, see legal.
Parcel Number 1477 10 000017
The application is submitted to you for review and recommendation. Any comments or recommendation you
consider relevant to this request would be appreciated. Please reply by the above listed date so that we may
give full consideration to your recommendation. Any response not received before or on this date may be
deemed to be a positive response to the Department of Planning Services. If you have any further questions
regarding the application, please call the Planner associated with the request. Please note that new
information may be added to applications under review during the review process. If you desire to
examine or obtain this additional information, please call the Department of Planning Services.
❑ We have reviewed the request and find that it does / does not comply with our Comprehensive Plan
❑ We have reviewed the request and find no conflicts with our interests.
%. See attached letter.
❑ Please notify me of any public hearings regarding this request.
Comments:
Signature
Agency
4jtu1 ,;u 1-9 4 - ?del s
i
9"
.2�i2 crass
Date
(•Weld County Planning Dept. +918 10th Street Greeley, CO. 80631 +(970) 353-6100 ext.3540 +(970)304-6498 fax
Brad Mueller
From:
Sent:
To:
Subject:
Hice-Idler, Gloria [Gloria.Hice-Idler@DOT.STATE.CO.US]
Thursday, August 06, 2009 8:24 AM
Brad Mueller
RE -4951 & SE-1151/PV Water III
Brad,
I apologize for not commenting sooner. Below are CDOT's comments:
1. Projected right-of-way need is 75' either side of the highway centerline.
2. Access isn't really discussed, but only one access to SH 52 should be allowed to serve all the lots.
If you have any questions, please do not hesitate to contact me.
Gloria Hice-Idler
Permit Supervisor
CDOT Region 4
1420 2nd Street
Greeley CO 80631
(970) 350-2148
Jul 23 2OO9 11:54RM I -I LASERJET FRX
...
Weld County School District Re -3(J) / 99 West Broadway ) P.O. Box 269/ Keeneeburg, CO 90643
Tel, (303) 5362000! Fax (303) 539-2010
p.3
Please contact Kerrie, at Weld County School District Re -3J, at 303-536-2005
to set up an appointment to pay Recorded Exemption Fees.
July 23, 2009
Weld County Department of Planning Services
918 10th Street
Greeley, CO 80631
Care Number: RE -4951. (P.V. Water III, LLC)
Dear Planning Department Official:
This project provides for a recorded exemption within the rural area of Weld County School
District Re -33. Although recorded exemptions, individually, represent a small increment of the
total housing stock, the cumulative effect of several such approvals is exerting a considerable
negative effect upon the school district's ability to provide adequate educational opportunities for
the resulting students. Additionally, the substantial separation of these units from other more
densely populated areas increases school transportation costs, further eroding the amount of
fluids that can be applied in the classroom toward educating the students. The school district's
Board of Education is opposed to approval of additional new housing without adequate
mitigation of land costs. However, in the event that the County Commissioners decide to
approve this application, Weld County School District Re -3J respectfully requests that these
exemptions be required to mitigate the costs of providing land for school sites as explained
below.
Site Issues
Based upon the district's school capacities and site size standards, the proposed exemption would
generate the need for loss than one acre of land; the cash equivalent would approximate $1,232
per single-family housing unit (see Table 1), If approved, it is requested that this amount be paid
to the school district as a cash -in -lieu of land dedication for each new unit allowed (Lot B).
Recommendations
The Board of Education remains very concerned about the recent trend toward accelerated
residential activity throughout the district and the ensuing enrollment that will follow, as well as
the district's physical and financial ability to serve that growth. Approval of additional
residential development without a ready and identified means of providing appropriate
infrastructure would not demonstrate good stewardship of the public trust,
As stated before, cash -in -lieu of land of $1,232 is requested for each single-family housing unit.
Therefore, the total due to Weld County School District RE -3J is $1,232.00 for Lot B. Without
such mitigation, the district will recommend that the application be denied,
Sincerely,
Susie Townsend
Superintendent of Schools
Weld County School District Re -3J
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Oct 15 2OO9 9121AM LASERJET FAX
Weld County School District a -3(J) ! 99 West Broadway I P,O, Box 287/ Keenesburg, O 80543
Tel- (303)538-20K / Fax: (303) 536-2010
October 15, 2009
Weld County Department of Planning Services
918 10th Street
Greeley, Colorado 80631
Case Number: RE -4951 (P.V. Water III, LLC-c/o Christopher R. Paulson)
Dear Planning Services Representative:
Weld County School District RE -37 has received a check for $1,232.00 for cash -in -lieu
of land attributable to this recorded exemption (Lot B). Opposition to this application is
now removed.
Thank you for your continued assistance in obtaining funds that will be used to purchase
land for future school use. Please contact me at 303-536-2000 if you desire blither
information about this letter.
Sincerely,
CkQtic l0 tt1Ylkuirtd_.
Susie Townsend
Superintendent of Schools
Weld County School District RE -37
cc P.V. Water III, LLC-c/o Christopher R. Paulson
Oct 15 2009 9121AM LASERJET FAX
•
p.3
IIIMIIIIIIISIS
LARRY L BAUMGARTNER 1018
MARY KAY MAUMGARTNER 'J2.211/1070
303-732-4846
33300 HIGHWAY 52
Ki8NE03(1Ra, Co /0143103
'.W ^
PAY MURDER OF Jill i AC' 3`r i Cats— ,.a»T•:'i
1144t) li1 4E44L2 i Sb 4 -WY-inrraac a les
e Bank of Cholas
EILIFww PR1»S
BR '!f'4 cdianner)
v of
I: LO7002LLai: 967398 L2' OLOa
Oct 15 2009 9:21AM LASERJET FAX
p.1
i
FACSIMILE TRANSMISSION SHEET
Weld County School District RE -3(J)
99 W. Broadway, P.O. Box 269 - Keenesburg, CO 80643
Telephone: (303) 536-2000
FAX: (303) 536-2010
DATE: Ad-MtO9
TIME: to: I(t
No. of Pages: 3
Including cover page
TO: 2tad 'JuaJQoA FAX #: 970 304 l4U9?
COMPANY: `162.0CI c own a (2a'nm[
CI
FROM: a04111,9 TITLE: Or/Mat &t e zdan yi
COMMENTS: An t11..1tt0,yi[) 40 le 495/
❑ Urgent
ElPlease Acknowledge Receipt
Please Call Me
❑ Please Forward To
❑ Please Notify
* Confidentiality Notice *
This fax transmittal Is Intended only for the use of the individual or entity to which it is addressed
and may contain information that is privileged, confidential and exempt from disclosure under
applicable law. If you are not the intended recipient of this transmittal or an agent responsible
for delivering this transmittal to the intended recipient, you are hereby notified that any
dissemination, distribution or copying of this transmittal or the Information it contains is strictly
prohibited. Misdelivery of this transmittal does not constitute waiver of any applicable privilege.
If you have received this transmittal in error, please notify us immediately by telephone and
return the original transmittal to us at the above address by mail. Thank you.
Na 523 P. 1
Form No.
GWS-25.
JUL. 2. 2009-11: 19AMCOaEAST BANK
APPLICANT
OFFICE OF THE ATE ENGINEER
COLORADO DIS ISIO�N OF WA TERR ESOL RCES
(303) 6663581
•
LR
WELL PERMIT NUMBER
277893
DIV. 8 WD 1 DES. BASIN 5 MD 9
LARRY LEE & MARY KAY BAUMGARTNER
33390 HWY 52
KEENESBURG, CO 80643-
(303) 732.4848
' Eastfxl:
APPROVED WELL LOCATION
WELD COUNTY
NE 1/4 NW 1/4 Section 10
Township 1 N Range 65 W Sixth P.M.
DISTANCES FROM SECTION LINES
729 Ft. from North Section Line
1981 Ft. from West Section Line
UTM COORDINATES fMeters.Zone:13,NAD83I
Northing:
REGISTRATION yr race t rnu pc..,_
- - - - OF
of this permit
water right from
the construction
permit does not
from the
to the
of
more than 1
at 147 feet.
' — CONDITIONS APPROVAL,
1) This well shall be used in such a way as to cause no materiel injury to existing
does not ensure that no injury will occur to another vested water right or preclude
seeking relief in a dvil court action.
2) Construction details for this existing well have not been provided to this office
of this well is in compliance with the Water Well Construction Rules. 2 CCR 4132.2.
relieve the well owner of responsibility or liability in the event contamination or
oonsWixlon or use of this well, nor does the State Engineer assume any responsibility
occur.
3) This well is recorded and permit approved pursuant to CRS 37-90-105(4)(a).
historical use as recorded with this office and by the terms of CRS 37-90-105
livestock on range and pasture, for domestic purposes inside 3 single family dwelling(s),
' acre of lawn and garden, with a maximum pumping rate of 40 GPM. The tote
4) The date of first beneficial use, as claimed by the applicant, is October 4,1954.
water rights. The Issuance
another owner of a vested
therefore, It Is not known if
The issuance of this
the groundwater source results
or 8abillty should contamination
The use of this well is limited
being a well used for the watering
and Irrigating no
depth of the well is estimated
JMB (oe/29/2009)
APPROVED
SW"
State Engineer
No. 3630379 DATE ISSUED 06-23-2008
By
EXPIRAT O A
Receipt
COLORADO
•
DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT
1555 N 17TH AVE
GREELEY, CO 80631
WEBSITE: www.co.weld.co.us
ADMINISTRATION (970) 304-6410
FAX (970) 304-6412
PUBLIC HEALTH EDUCATION AND NURSING (970) 304-6420
FAX (970) 304-6416
ENVIRONMENTAL HEALTH SERVICES (970) 304-6415
FAX (970) 304-6411
July 8, 2008
Larry L. and Mary Kay Baumgartner
33390 Highway 52
Keenesburg, Colorado 80643
RE: Larry L. and Mary Kay Baumgartner ISDS No.: 0800031
Permit No.: SE -0800037
On June 30, 2008, an evaluation of the existing individual septic disposal system at:
33394 Highway 52, Keenesburg;
Section 10, Township 01 North, Range 63 West,
was conducted by Mary Cavnah, an Environmental Health Specialist of this department.
This evaluation is based on a fmal treatment capacity for a 2, bedroom residence.
The system is not constructed in accordance with current regulations, as the tank is undersized by 500
gallons. Because the system was installed prior to the adoption of statewide guidelines by the Colorado
Board of Health, the County considers this system to be "grandfathered" and will not require that the
system be brought into compliance with current regulations so long as the system functions in accordance
with current Regulations. The Department recommends that the tank size be increased by 500 gallons.
Please be advised that should you decide to repair your system a permit is required from this Department
prior to any alterations to the system.
Be advised, neither the County of Weld nor any of its agents or employees undertake or assume any
liability to the owner of the above property, to any purchaser of the above property or to any lending agency
making a loan on the above property or in the report.
This inspection was conducted for the purpose of determining compliance with current regulations and for
detecting health hazards observable at the time of inspection. This does not constitute a warranty that the
system is without flaw or that it will continue to function in the future. Inspections requested during
periods of snow cover and high soil saturation may be of questionable value to potential buyers due to
adverse conditions. Evaluations based on Statements of Existing (S.0.E.) relies on information the
property owner provides, under oath, indicating current status of the system and representing to the best of
his/her knowledge the system is not failing to function properly.
If we can be of any further assistance, please contact our office at (970) 304-6415.
Sincerely,
%1 -
Mary Cavnah
Environmental Health Specialist
MC/ms
titotrn
COLORADO
July 8, 2008
Larry L. and Mary Kay Baumgartner
33390 Highway 52
Keenesburg, Colorado 80643
S
DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT
1555 N 17TH AVE
GREELEY, CO 80631
WEBSITE: www.co.weld.co.us
ADMINISTRATION (970) 304-6410
FAX (970) 304-6412
PUBLIC HEALTH EDUCATION AND NURSING (970) 304-6420
FAX (970) 304-6416
ENVIRONMENTAL HEALTH SERVICES (970) 304-6415
FAX (970) 304-6411
RE: Larry L. and Mary Kay Baumgartner ISDS No.: 0800032
Permit No.: SE -0800039
On June 30, 2008, an evaluation of the existing individual septic disposal system at:
33396 Highway 52, Keenesburg;
Section 10, Township 01 North, Range 63 West,
was conducted by Mary Cavnah, an Environmental Health Specialist of this department.
This evaluation is based on a final treatment capacity for a 2 bedroom residence.
The system is not constructed in accordance with current regulations, as the tank is undersized by 500
gallons. Because the system was installed prior to the adoption of statewide guidelines by the Colorado
Board of Health, the County considers this system to be "grandfathered" and will not require that the
system be brought into compliance with current regulations so long as the system functions in accordance
with current Regulations. The Department recommends that the tank size be increased by 500 gallons.
Please be advised that should you decide to repair your system a permit is required from this Department
prior to any alterations to the system.
Be advised, neither the County of Weld nor any of its agents or employees undertake or assume any
liability to the owner of the above property, to any purchaser of the above property or to any lending agency
making a loan on the above property or in the report.
This inspection was conducted for the purpose of determining compliance with current regulations and for
detecting health hazards observable at the time of inspection. This does not constitute a warranty that the
system is without flaw or that it will continue to function in the future. Inspections requested during
periods of snow cover and high soil saturation may be of questionable value to potential buyers due to
adverse conditions. Evaluations based on Statements of Existing (S.O.E.) relies on information the
property owner provides, under oath, indicating current status of the system and representing to the best of
his/her knowledge the system is not failing to function properly.
If we can be of any further assistance, please contact our office at (970) 304-6415.
Siinpce�relly,
Mary Cavnah
Environmental Health Specialist
MC/ms
fra4;
COLORADO
July 8, 2008
Larry L. and Mary Kay Baumgartner
33390 Highway 52
Keenesburg, Colorado 80643
•
DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT
1555 N 17TH AVE
GREELEY, CO 80631
WEBSITE: www.co.weld.co.us
ADMINISTRATION (970) 304-6410
FAX (970) 304-6412
PUBLIC HEALTH EDUCATION AND NURSING (970) 304-6420
FAX (970) 304-6416
ENVIRONMENTAL HEALTH SERVICES (970) 304-6415
FAX (970) 304-6411
RE: Larry L. and Mary Kay Baumgartner ISDS No.: 0800033
Permit No.: SE-O8OOO38
On June 30, 2008, an evaluation of the existing individual septic disposal system at:
33390 Highway 52, Keenesburg;
Section 10, Township 01 North, Range 63 West,
was conducted by Mary Cavnah, an Environmental Health Specialist of this department.
This evaluation is based on a final treatment capacity for a 3, bedroom residence.
The system is not constructed in accordance with current regulations, as the tank is undersized by 250
gallons. Because the system was installed prior to the adoption of statewide guidelines by the Colorado
Board of Health, the County considers this system to be "grandfathered" and will not require that the
system be brought into compliance with current regulations so long as the system functions in accordance
with current Regulations. The Department recommends that the tank size be increased by 250 gallons.
Please be advised that should you decide to repair your system a permit is required from this Department
prior to any alterations to the system.
Be advised, neither the County of Weld nor any of its agents or employees undertake or assume any
liability to the owner of the above property, to any purchaser of the above property or to any lending agency
making a loan on the above property or in the report.
This inspection was conducted for the purpose of determining compliance with current regulations and for
detecting health hazards observable at the time of inspection. This does not constitute a warranty that the
system is without flaw or that it will continue to function in the future. Inspections requested during
periods of snow cover and high soil saturation may be of questionable value to potential buyers due to
adverse conditions. Evaluations based on Statements of Existing (S.O.E.) relies on information the
property owner provides, under oath, indicating current status of the system and representing to the best of
his/her knowledge the system is not failing to function properly.
If we can be of any further assistance, please contact our office at (970) 304-6415.
Sincerely,
))261-1-1
Mary Cavnah
Environmental Health Specialist
MC/ms
AFFIDAVIT OF REMOVAL
STATE of COLORADO
) ss:
COUNTY of WELD
Your Affiant, Larry Lee Baumgartner, being of lawful age and first duly sworn upon his
oath, deposes and says as follows:
1. I am a lifelong resident of the property generally described as the East One -Half
of the Northwest One -Quarter of Section 10, Township 1 North, Range 63 West of the 6th P.M.,
Weld County, Colorado consisting of approximately 58 acres of agricultural land, includinj three
residences and various out buildings as improvements;
2. In June of 2008, my spouse and I sold the above property, together with Lost
Creek Designated Basin Well Permit # 8500FP, to P.V. Water III, LLC, reserving by contract our
right to repurchase five acres of our property that included said improvements;
3. These five acres are presently the subject of two pending land use applications
with Weld County (Recorded Exemption # RE -4951 and Subdivision Exemption it SE -1151);
4. My spouse and I reside in the one residence located on pending Lot SE -1151;
5. Two other residences are located on pending Lot A, RE -4951;
6. To comply with code requirements, I have removed all kitchen facilities from the
oldest of the two residences located on pending Lot A, RE -4951, I have converted such building
into a storage shed, and I hereby affirm that it shall not be used as a residence in the future;
Signed this abday of 2010. n 11` JJ` Lech( Pfi inse-
Larry LaBaumgartner
hith
cq day of Jane.. , 2010.
WITNESS MY HAND A
SUBSCRIBED AND SWORN to before me, a Notary Public, by Larry Lee Baumgartner, this
Notary P lic
My commission expires: 3/2-212D0
• •
My understanding is that Tim Bilobran of CDOT-4 will be sending you, directly via email, CDOT's approval
for the two highway accesses. Also, Paull Nation reports that he has provided your office with the mylars for
recording of each exemption plat.
Please advise at your earliest convenience as to any other matters that remain of concern. Thank you for your
prompt professional attention to these matters.
Steven Janssen
2
• •
Larry Lee and Mary Kay Baumgartner
33390 State Highway 52
Keenesburg, CO 80643
(303) 732-4848
June 24, 2009
Mr. Tim Bilobran
Access Manager, CDOT - Region 4
1420 2nd Street
Greeley, CO 80631
Re: Recorded Exemption Application, Weld County
Dear Mr. Bilobran:
We previously owned a 61 acre farm in the E/2 of the NW/4, Sec. 10, TIN, R63W of the
6`h P.M., Weld County, Colorado. Last year, we conveyed our real estate and irrigation water
rights to P.V. Water III, LLC. We retain possession of all improvements and residences located
on an approximate four acre parcel. Our contract provides that P.V. Water shall apply for a
recorded exemption for this four acre parcel and after approval of the recorded exemption, they
shall re -convey this four acre parcel to us.
There are two existing accesses from State Highway 52 into this four acre parcel. These
accesses are indicated on maps previously provided by our attorney. Each access is thirty feet in
width, one is located about 1850 feet east of the west section line and the other is located about
2065 feet east of the west section line. Mr. Baumgartner was born on this property over sixty
years ago and recalls both accesses having been used since the early fifties.
The access on the east has been used as our primary access; however, the access on the
west, though used far less frequently, is required for our access of our shop and shelter for large
vehicles. Both accesses are required for this four acre parcel. Both accesses will be re -conveyed
to us upon approval of the recorded exemption. Frequency and type of use will not change.
Weld County requires CDOT's written approve of all accesses from state highways into
recorded exemption parcels. This letter is thus to request your approval of these two accesses.
We submit exigent circumstances exist for your approval - as without such approval, we will be
unable to beneficially use and enjoy all the improvements and residences on this four acre parcel
in the manner as we have over the past sixty years.
Please call our attorney, Steven Janssen (303)443-4337, with any further questions.
Sincerely,
Larry Lee Baumgartner & Mary Kay Baumgartner
.e.leare 4•411W•
.w
err asset
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•
PROPOSED RECORDED EXEMPTION
A PART OF THE EAST HALF OF THE NORTHWEST QUARTER OF SECTION 10
TOWNSHIP 1 NORTH, RANGE 63 WEST, OF THE SIXTH PRINCIPAL MERIDIAN,
COUNTY OF WELD, STATE OF COLORADO.
SHEET 1 OF 1
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Le- PVC PPE
ELECTRIC METER
xx xxx xx
59'03 47 E 2593.81
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ELECTRIC METER
�xxxxr.xx
PROPANE TANK;
WALL S
P Way '6 iu ' INNING
144Ui4F/4 SECTION 10
SCALE: 1"= 50O' -j;-
Ss
U
Professional Engineers 8 Land Surveyo's
165 South Union Blvd., Suite 156
Lakewood. Colorado 80228
PHONE: (303) 980-0200
FAX: (309) 980.0917
WWW.CARROLL-LANGE COM
LARRY LEE BAUMGARTNER PROPERTY; E 1/2, NW 1/4 SEC 10, Tin. R53W: PRELIM RE; PREPARED: 06/19/08. rev SHEET 1 CF
F':\4421\PRCJJECIS\BAUMGARINER, LARRY LEE \AL TA\ALIA BASE DWG
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WELD COUNTY ROAD ACCESS INFORMATION SHEET
Weld County Department of Public Works
111 H St PO Box 758 Greeley CO 80632
Phone: (970 )356-4000 x3750 Fax: (970) 304-6497
Road File #:
RE#:
Date:
Other Case #:
1. Applicant Name IC V &V4Trr % i i, l_ LC Phone 3 o S 6-7i i 9 7 c, Z
Address `Y&, Y < S'a LAS /trtc. Sr City QTY✓/t State CO Zip go Z s 7
2. Address or Location of Access 7'' 3 Qi Y .Sr j-/4-r)y LZ
Section / J Township / A) Range G-, 3 c.W Subdivision Block Lot
Weld County Road #: Side of Road S Distance from nearest intersection %Y 'Le, c. L
3. Is there an existing access(es) to the property? Yes I.---- No # of Accesses
4. Proposed Use:
R P rmanent L7Residential/Agricultural ❑ Industrial
❑ Temporary ❑ Subdivision ❑ Commercial ❑ Other
5. Site Sketch
Legend for Access Description:
= Agricultural
= Residential
= Oil & Gas
= Ditch Road
= House
= Shed
= Proposed Access
+ = Existing Access
AG
RES
O&G
D.R.
c o r, r x.41
f/'oc4y t4'Li E
tx/✓r%U 4cci'_tsEJ
-I-
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L
5 lit- v y
S Z
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:
•
CERTIFICATE OF CONVEYANCES
STATE OF COLORADO
COUNTY OF WELD
WELD COUNTY
DEPARTMENT OF PLANNING SERVICES
The FIDELITY NATIONAL TITLE INSURANCE COMPANY hereby certifies that It has
made a careful search of its records, and finds the following conveyances affecting the real estate described herein
since August 30, 1972, and the most recent deed recorded prior to August 30, 1972.
LEGAL DESCRIPTION: See Attached Exhibit "A"
CONVEYANCES (if none appear, so state):
Reception No. 968698,
Reception No. 1714211,
Reception No. 2375115,
Reception No. 2446499,
Reception No. 3351791
Reception No. 3354382,
The certificate is made for the use and benefit of the Department of Planning Services of Weld County, Colorado.
This certificate is not to be constructed as an Abstract of Title nor an opinion of Title, nor a guarantee of Title nor a
Title Policy and the liability of FIDELITY NATIONAL TITLE COMPANY, is hereby limited to the fee paid for this Certificate.
In Witness whereof, FIDELITY NATIONAL TITLE COMPANY, has caused this certificate to be signed
by its proper officer this 17th day of June, 2009, at 4:30pm.
By: MATTHEW HELM
Authorized Signature
• •
EXHIBIT A
LEGAL DESCRIPTION
PARCEL ONE
ALL THAT PART OF THE EAST ONE HALF OF THE NORTHWEST QUARTER OF SECTION 10, TOWNSHIP 1
NORTH, RANGE 63 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO.
EXCEPTING THEREFROM LOTS A, B AND C OF RECORDED EXEMPTION NO. 1477 -10 -1 -RE 2254, ACCORDING
TO THE MAP RECORDED SEPTEMBER 3, 1998 AT RECEPTION NO. 2637892, BEING A PART OF THE NORTH 1/2
OF SECTION 10, TOWNSHIP 2 NORTH, RANGE 6. WEST OF THE 6TH PRINCIPAL MERIDIAN,
ALSO EXCEPTING THEREFROM THAT PARCEL OF LAND CONVEYED TO THE PROSPECT COMMUNITY
CHURCH RECORDED DECEMBER 8, 1943 IN BOOK 1122 AT PAGE 278 WELD COUNTY RECORDS.
ALSO EXCEPTING THEREFROM THOSE PARCELS OF LAND CONVEYED TO SCHOOL DISTRICT NO. 96, WELD
COUNTY BY DEEDS RECORDED DECEMBER 1, 1925 IN BOOK 787 AT PAGE 107, FEBRUARY 10, 1939 IN BOOK
1038 AT PAGE 10, AND MAY 28, 1952 IN BOOK 1331 AT PAGE 494 WELD COUNTY RECORDS;
ALSO EXCEPTING THEREFROM THAT PARCEL OF LAND BOUNDED TO THE NORTH BY DEED RECORDED IN
BOOK 1038 AT PAGE 10, TO THE EAST BY DEED RECORDED IN BOOK 787 AT PAGE 107, TO THE SOUTH BY
DEED RECORDED IN BOOK 1331 AT PAGE 494 AND TO THE WEST BY DEED RECORDED AT RECEPTION NO.
1756411 WELD COUNTY RECORDS
i eapvey to}vel�i:fwunit' belr,giiz thr r kbic,4e3 fa;
gll'hil6B 44'11 geapaft*t ta7 t7re 941- Y'-1'�Yq-a"n
a eit. » x _
1Q xu
feet wide ,t 6eu(g 1`��I
G x
•j1Di,th 1 arty
S iutet :fray,fteNt,rtAdti du
v>' seobaw 2eu ,(16)
1n�z5$x jar Eu.1'
tnt v;t C��1�Rn6 -F
541 n. Bel( be&Yntlrrt�
t jrc r& x er{ gaij .+e C3 exi;
F'Rt oi5 er6m gtafe$ f1, ,.i' ] a ,o a -at a e .
traged.Woiltawari orverdlenln,a pro ees7,n 'rntler the ,S taint
1
.N.dr ari
DEC ISMS
}�a
t{y`�.cw
e«e. Na -91............--..al_ _—,yv .aft
Pak Mot Oh - - Ith - - Wr • • SY.. ,,.
'N► N— ism — M..rd dm Seed W A M . MW a .. • I le" a � V'
- ..Ytm freer us Der re" st. . •�
,if too Old sd Coed - . e . e. .. tae OM aklerti r-..-
ten pert W. Alearler Ds...Dertrr et leele9 lrtlISwMtlw , . 4 • j' ..
r is c..w r . - . ate . •.� r in eeir-dI r y
Mil molt
MITNN RNt Toot tr ms pint. r to Oho salt b. is r rmrrale of Oen r
no Dollar. end Vtesr Good eel Tellte►l. OoulW.tt.Y - - - . >�
in lM se wiles sae arw poi h W W hi a. W weer* sue P.w amps eel
hn.t1 .ears W setwh4.l r n Owls. SIPS* is W and r *Ore peer I.
ens, Foredo. ,,a ,.•.n is ..r. w S. sod me el De reed me e r eel I rw la .,.�•
M S Mn semen, M sinks r Sim ads Nips nod de r.: sill use Me moss Sluts Y to
I.e1ea ...Mal Mt wowed N Ma sleet le e WWII it
C —.p r. - - hL - ar Ws r cries Set
Pert of t,,. snot at (fl$) of ti. north het si erbr 1141 of bntloa It
(See 10) 'township Goo North IT 1 N.) Nand Staff thres Ifo.t (A. 43 D.), I...
IC sane on tM *et .tee of North Hilt sale Strip of tD'auel Of UMYI setae
teeth. of on sere *Joliet the Ironpast Taller Mhoel hoe IS the 461 ells
also shout n •onr of Oahool ho•we aito *lone to Reheat Dist. No, 94.
hn.rt .19 of nn Ir* deserte•4 in inntr'rent mortise in ncor 1044 st Pb,s
10e And .roant n •mreel of lnnd *earthed all Oanrretef, st s pout IMMSj
rest I-ot of the VT corner of 'botion 10, ?mm•htr 1 North, Ranee U tem.
I0�,7 f it Stuth; thanes 100.7 feet Eat; theme 100,7 North, theme 100.7
f,it len to tin m,tnt of is Inntnr.
7u it ,i. it.' an :ill/ 011 unrylyu Irrtn.tlon 1)1.trlot arilfloats 'o. 347
n ,:loo ,.n-1 All ot:mr mtur, .rater rlr•LN or at.r oarrYint. rtchta
r•-irtuu.n• co nib: nnnl a•• and ;net loulerly 01 the rtfnt, title and Interest
.1.la i;Lerti lu: t•.0 : drat met .n. in Last sirenent .oi..rnln. *ter tram .
utPlnr set wldoa n.Tnment is roourded In book 1094 rays 146, ale acuity no a.
4 T0T)Ite *sane eat the tn.amrW ease*
e* leasa e. Swami es •n Moll
sn.ra-M. is too ,nn.Y. W monism, .mMen as meld" ,r S. Is MIN taes/i Is
.n iM nun. root', INN, Mint dd. .s Miss wMbwm el me el pen les el the Si Mn. slew M
be rene11, at In sit is IM .t•n r,a.hnd pare. .Mt ere edema ad seretmemd
TO MAY! AND TO NOLD she rid pose ern ryes rid doe** IMO loo ...win mom r M
nr ins. a ih ,n,M wt the WSW r Mesa le seeplwWj.. Y,ho is appe r se want r
.. , And it. .N pail I.,. Id M M wt loo thsWlne , DWI. EaW eeaYdNt^ r
.,moms, gent. Wills W Mn. le ma ease pee el ea send toot the steer r Oeet 5.
IM hers ay so.pas r n.s ,a.twr, dig se ae this el W sees eel Y.e4 r W PNma.t
.rc .re rid r M pees asee ewe as el PA Ma pe.N . dee ad rel.eble S 1
N mini,..... M We. Y les Stir W le 7s del see moon sd teM resit* resat tolpla
..n ......m. the as. le wee ad sole ft woo as M r w M W es bm eh a Is
Mm ranee, nits, N.*, Nees eats se rskeeM r Ode Wens mop I
150
0
w the .M.m twe.ar primer la a. wet W Semi eese...hs el as al see et Y earl NenNe Y
Anse .1 Men MY sips IS the be ad sagas el r w./S,. eseteN i old user Pena
a
Iola/ Ihl.ty w r thin S. dele s 4 pa awed as W pa lea a Se be pm dell raw .i
11/OMANI AND POnNVe own.
IN WITNP.o WNIIMP. M NM Snide r V Moll M r re rests their Wee
..d • 1. Mr s.1 pat I.w .ten mil..
tend, %sled'S Iblbend le M Pmts. el
HATA
SAO{
• s
(/(epee •4/ —As'
AsSims.
}e• Tr Sepal Ind w seines e.r tee se i..,i.e'
wW Yr Mel cue Owe
NP Cell ae webs
4.
44 4
4-.
. ,,»„....... _ _....�. _ a
IS pi. lertarill NW, PISA Olearal.
Sams D eneneey In .y.
a
MAR 18 79%7._ '
BARGAIN AND SALE DEED
•
KNOW ALL MEN BY THESE PRESENTS, That Alexander Baumgartner
and Pauline Baumgartner, whose address is 33394 Colo. State •
Highway 52, Keenesburg, Colorado 80643, County of Weld. for •
the consideration of Ten Dollars (10.00) and other valuable e
et
consideration, in hand paid, hereby sell and convey to Earl o
e
Alex Baumgartner and Larry Lee Baumgartner, 33390 Colo. State 4J
Highway 52, Keenesburg, Colorado 80643, County of Weld, the
ao
following real property in the"County of Weld and State of .y
Colorado, to -wit: Each an undivided one-third (1/3) of all
oil, gas and minerals in and under the following described
property:
The East Half of the Northwest Quarter (EMU) of
Section Ten (10), Township One (1) North, of Range
Sixty-three (63) West of the 6th P.N.; except those
-
parcels described as follows: A tract containing
approximately one and one-fourth (1 1/4) acres as
described in Deed recorded in Book 1331, Page 494,
of the Weld County Records, School District No. 96
Grantee, and also excepting therefrom the parcels
as cony -:.d by Deeds recorded in Book 494, Page 183,
Book 787, Page 107, Book 1063, Page 297, Book 1038,
Page 10, Book 1122, Page 278, Book 1331, Page 494,
and Book 1094, Page 106, conveying hereby to each of
the above named grantees a one-third (1/3) interest
in all oil, gas and other minerals in and under
said property together with the right to enter upon
and explore for the same subject however to the
obligation to pay any surface damage which may be
incurred, the entire parcel containing approximately
sixty-two (62) acres.
The foregoing instrument was acknowledged before me this
22nd day of December, 1976, by Alexander Baumgartner and
El
Fit
I
ARe3:5115
STATE OF COLORADO
CERTIFICATE OF DEATH
STATE FILE NUMBER
N.E. :-16-9n STATE OF COLORADO
oc reg. cy+c #5a
DECEDENT
0.Ctaorrt,uuf ne,,.e. as,
AL£5ARDEB BAIINGARSNFR
4 sR..“..-6.O
aura4I :aia. terry
522-48-8768 =42, 86
as# a wn anw.wS. . ,N.
le I aw
February 2, 1994
a tang •Oa 1 a aces, tho 1e°vt Aral.
u" jAueust 22. 1907
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B 1428 REC 02375115 02/24/94 12:53 $5.00 1/001
F 0910 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
SL44706effni"a 1•a1a...1..^
THIS IS TO CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF THE OFFICIAL RECORD WHICH IS IN MY CUSTODY.
��.\uM\\N11111h
e - T1j1
61f - 44
Ns# 49
DATF,J$ JET 21994
Do not accept unless prepared on security paper with engraved border displaying the Colorado state
seal and signature of the Registrar. PENALTY BY LAW, Section 25-2-118, Colorado Revised
Statutes. 1982, if any person alters, uses, attempts to use or furnishes to another for deceptive use any
vital statistics record. NOT VALID IF PHOTOCOPIED, VR toss 7/93
JOSEPH D. C
STATE REGISTRAR
sic D FMeittYb'4rY".,:. ,w,..23'aY5'i•i"5 i�5a bi""" uram A rAK t _ .
IAA
•
AR244Ly99
QUIT CLAIM DEED
KNOW ALL MEN BY THESE PRESENTS, that Pauline Baumgartner,
Grantor, whose legal or street address is 33394 Highway 52, City or
Town of Keenesburg, Weld County, Colorado 80643, for the consideration
of love and affection hereby gives, grants, conveys, and quit claims
to Larry Lee Baumgartner, Grantee, as tenant in common, whose legal or
street address is 33390 Highway 52, City of Town of Keenesburg, Weld
County, Colorado 80643, the following real property located in Weld
County, Colorado, to wit:
An undivided one-half interest in all that part of the East
Half of the Northwest Quarter (E%NWY) of Section 10,
Township 1 North, Range 63 West of the 6th P.M. owned by
Grantor, together with a 23.95 -acre interest in the Henrylyn
Irrigation District and pump, equipment, and irrigation well
with Permit No. 8500,
together with all its appurtenances.
SIGNED AND DELIVERED this 1 day of July, 1995.
,4P J a�.o
Pauline Baumgartner
2446499 8-1501 P-350 07/14/95 01:37P PG 1 OF 1 REC DOC
Weld County CO Clerk & Recorder 6.00
STATE OF COLORADO )
COUNTY OF WELD
ti
The foregoing instrument was acknowledged before me this
day of July, 1995, by Pauline Baumgartner.
WITNESS my hand and official seal.
55.
My commission expires: I` I1r-\
ILA L
Notary Public
791
•
11111111111111111 111111111110111111111II111111011111
filed for 3351791 01/03/2005 0958A Weld County, CO
Reception 1 of 2 R 1100 D 4.13 Steve Moreno Clerk & Recorder !clock By M.
RECORDER
DEPUTY.
WARRANTY DEED
THIS DEED, Made on this day of December 21, 2005 between
PAULINE BAUMGARTNER
of the County of WELD and State of COLORADO the Grantor(s), and
LARRY LEE BAUMGARTNER
whose legal address is : 33390 HIGHWAY 52 XEENESBURG, CO 80643
of the County of WELD and State of COLORADO
the Grantee(s):
WITNESS, That the Grantor(s), for and in consideration of the sun of ( $41,250.00
*•• Forty One Thousand Two Hundred Fifty and 00/100 *** DOLLARS
the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these
presents does grant, bargain, sell, convey and confirm unto the Grantee(s), his heirs and assigns forever, all the
real property, together with improvements, if any, situate, lying and being in the County of
WELD and State of Colorado, described as follows:
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF
also known es street number VACANT LAND
TOGETHER with all and singular and heredi laments and appurtenances thereto belonging, or in anywise appertaining
and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right
title interest, claim and demand whatsoever of the Grantor(s), either in law or equity, of, in and to the above bargained
premises, with the heredi taments and appurtenances;
TO HAVE AND TO HOLD the said premises above bargained and described with appurtenances, unto the Grantee(s),
his heirs and assigns forever. The Grantor(s), for himself, his heirs end personal representatives, does covenant, grant,
bargain, and agree to and with the Grantee(s), his heirs and assigns, that at the time of the ensealing and delivery
of these presents, he is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible
estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain,
sell and convey the same in manner and form as aforesaid, and that the sane are free and clear from all former and other
grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever,
Subject o general tam for the year 4005 and those epeelfla Ereeptione described by reference to recorded document* a
r reflected in the Title Documents accepted by a antee(s) a m accordance with aeetiea (Title Review) of the Contract toaboveee Buy and Sell Peal estate relating [ the aboderi bed property; distribution utility easements (Including cable TV);
chose specifically described rights of third parties not shown by the public records of which Oraabe(el has actual
knowledge end which were aceepted by Grantee(*) in accordance with Section Bb (Natters not Shown by the public, Records) an
Section Sc (Survey Review) of the Contract to Buy and Sell Real Estate relating to the above described real property)
inclusion of the property within any Special tar district; and, the benefit and burdens of any declaration and patty wall
agreement.. if any and other NOSS
The Grantor(s) shall and will WARRANT AND FOREVER DEFEND the above bargained premises in the quiet and peaceable
possession of the Grantee(s), his heirs and assigns, against all and every person or persons lawfully claiming the whole
or any part thereof. The singular number shall include the plural, and the plural the singular, and the use of any gender
shall be applicable to all genders.
IN WITNESS WHEREOF the Grantor(s) has executed this deed on the dote set forth above.
/fi/n a. tr." a fj�'1Rv'bt yta.I',tGJ, 1111 j
All Is Ip Q •f 1 O�esn'xf, aS t�f1'lW In4k4
PAULINE 9ADNCARTNER BY: seARl. A. BAVNDAALbSR AS I
ATTORNEY IN PACT.
STATE OF
COLORADO
County of WILD
)Bs.
The foregoing instrument was acknowledged before me on this day of D....ber 21, zoos
by EARL A. BAUMGARTNER AS ATTORNEY Sal net FOR ➢AULIN, aACNeART,ER
My commiss on ex
witness my +
JULIE A. CITO
C9�ARY PUBLIC
P�f�F'YJRADO
My
My Commission Expires Nov. 17, 2005
Notary Public
Name and Address of Person Creating Newly created Legal Description ( 38-35-106.5, C.R.S.)
Escrows GR25060685
Thief FCC25060685
Z
When Recorded Return to:LARRY LEE BAUMGARTNER
33390 HIGHWAY 52 KEENEDBURO, CO 80643
1.411 m 84 08/29/04 W01 WARRANTY DEED (Photographic) (2688534)
Laid1*
¶La, i3
•
111111111111 11111 1111111111111 111111 I I 111111
3351791 01/03/2006 09:58A Weld County, CO
2 of 2 R 11.00 D 4.13 Steve Moreno Clerk & Recorder
EXHIBIT A
•
AN UNDIVIDED ONE-HALF INTEREST IN AND TO THE FOLLOWING DESCRIBED LAND:
ALL THAT PART OP THE EAST HALF OF THE NORTHWEST QUARTER OP SECTION 10,
TOWNSHIP 1 NORTH, RANGE 63 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF
WELD, STATE OP COLORADO.
EXCEPTING THEREFROM LOTS A, B AND C OP RECORDED EXEMPTION NO.
1477-10-1-RE2254, ACCORDING TO THE MAP RECORDED SEPTEMBER 3, 1996 AT RECEPTION
NO. 2637892, BEING A PART OF THE NORTH 1/2 OP SECTION 10, TOWNSHIP 1 NORTH,
RANGE 63 WEST OF THE SIXTH PRINCIPAL MERIDIAN
ALSO EXCEPTING THEREFROM THAT PARCEL OF LAND CONVEYED TO THE PROSPECT
COMMUNITY CHURCH RECORDED DECEMBER, 8 1943 IN BOOK 1122 AT PAGE 278 WELD COUNTY
RECORDS.
ALSO EXCEPTING THEREFROM THOSE PARCELS OF LAND CONVEYED TO SCHOOL DISTRICT NO.
96 , WELD COUNTY BY DEEDS RECORDED DECEMBER 1, 1925 IN BOOK 787 AT PAGE 107,
FEBRUARY 10, 1939 IN BOOK 1038 AT PAGE 10, AND MAY 28, 1952 IN BOOK 1331 AT
PAGE 494 WELD COUNTY RECORDS;
ALSO EXCEPTING THEREFROM THAT PARCEL OF LAND BOUNDED TO THE NORTH BY DEED
RECORDED IN BOOK 1038, AT PAGE 10, TO THE EAST BY DEED RECORDED IN BOOK 787 AT
PAGE 107, TO THE SOUTH BY DEED RECORDED IN BOOK 1331 AT PAGE 494, AND TO THE
WEST BY DEED RECORDED AT RECEPTION NO. 1756411 WELD COUNTY RECORDS.
Form EXHIBIT); 01/17/03 10025060685
•
111111111111111111111114 111111 ►►► 1111► III► III►
382
— 3354382 0111212006 12:20P Weld County, CO
1 0l 2 11 00 D 0.00 Steve Moreno Clerk & Recorder
Recorded the day of , at o'clock m.
s€F
IReception H Recorder By
1
QUIT CLAIM DEED
THIS DEED, Made this day of / - / / — D 6 , between
LARRY LEE BAUMGARTNER
i
�i Grantor. for the consideration of ***TEN DOLLARS AND OTHER GOOD AND VALUABLE CONSIDERATION". in hand paid,
fi hereby sells and quitclaims to
LARRY LEE BAUMGARTNER AND MARY KAY BAUMGARTNER
I Grantee, not is, tenancy in common, but in joint tenancy.
{ whose street address is 33390 HIGHWAY 52, KEENESBURG, CO 80643
City of , County of WELD , State of COLORADO , the following
real property in the County of WELD , and State of Colorado, to wit:
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF;
>� P
Ialso known as street and number VACANT LAND
f TOGETHER with all its appurtenances.
The singular number shall include the plural, the plural the singular, and the use of any gender shall be
applicable to all genders. Signed as of the day and year first above written.
LARK EE BAUMGARTNER ✓
el
State of COLORADO )
)Ss.
County of WELD )
The foregoing instrument was acknowledged before me this day of (*ingot ry llama?o°(O
I'e by LARRY LEE BAUMGARTNER
Wetness my hand and official seal.
Ol� f/. _'- r
A
My commission expires Y'/1O EO7M1PAN 7 t" J 02. %' 5
otary Public v.....' _
{ IlICaslLdaiageelMoti2006 „• ti.. co .
Ot.
'>
) When recorded return to: LARRY LEE BAUMGARTNER
1
33390 HIGHWAY 52, KEENESBURG, CO 80643
t,Form 38 D1/14/03 DCD QU1 T CLAIM DEED GR25060685 FCC25060685 427 48)
r
I 1111111 1111111111 111111 1111111 I 11111111111111 till
3364352 01/12/2006 12:20P Weld County, Co
2 of 2 R 11 00 0 0.00 Steve Moreno Clerk & Recorder
EXHIBIT A
ALL THAT PART OF THE EAST HALF OF THE NORTHWEST QUARTER OF SECTION 10,
TOWNSHIP 1 NORTH, RANGE 63 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF
WELD, STATE OF COLORADO.
EXCEPTING THEREFROM LOTS A, B AND C OF RECORDED EXEMPTION NO.
1477-10-1-R12254, ACCORDING TO THE MAP RECORDED SEPTEMBER 3, 1998 AT RECEPTION
NO. 2637892, BEING A PART OF THE NORTH 1/2 OF SECTION 10, TOWNSHIP 1 NORTH,
RANGE 63 WEST OF THE SIXTH PRINCIPAL MERIDIAN
ALSO EXCEPTING THEREFROM THAT PARCEL OF LAND CONVEYED TO THE PROSPECT
COMMUNITY CHURCH RECORDED DECEMBER, 8 1943 IN BOOK 1122 AT PAGE 278 WELD COUNTY
RECORDS.
ALSO EXCEPTING THEREFROM THOSE PARCELS OF LAND CONVEYED TO SCHOOL DISTRICT NO.
96 , WELD COUNTY BY DEEDS RECORDED DECEMBER 1, 1925 IN BOOK 787 AT PAGE 107,
FEBRUARY 10, 1939 IN BOOK 1038 AT PAGE 10, AND MAY 28, 1952 IN BOOK 1331 AT
PAGE 494 WELD COUNTY RECORDS;
ALSO EXCEPTING THEREFROM THAT PARCEL OF LAND BOUNDED TO THE NORTH BY DEED
RECORDED IN BOOK 1038, AT PAGE 10, TO THE EAST BY DEED RECORDED IN BOOK 787 AT
PAGE 107, TO THE SOUTH BY DEED RECORDED IN BOOK 1331 AT PAGE 494, AND TO THE
WEST BY DEED RECORDED AT RECEPTION NO. 1756411 WILD COUNTY RECORDS.
Form EXHIBITA 01/17/03 FCC25060685
•
94.
111111111111111111106 1111111111111111111111111111
3619941 05/01/2009 10:42A Weld County, CO
1 of 20 R 101.00 0 0.00 Steve Moreno Clerk & Recorder
NO DOCUMENTARY FEE REOUIRED \ CONVIENENCE DEED
FOR PURPOSES OF CORRECTING LEGAL DESCRIPTION
Special Warranty Deed
(PV Water II to PV Water III)
This Deed, made this' day of April, 2009, between PV Water II LLC, a Colorado
limited liability company, as grantor ("Grantor"),
and
PV Water III LLC, a Colorado limited liability company, whose legal address is 4643
S. Ulster, Suite 1300, Denver, Colorado 80237, of the City and County of Denver, State of
Colorado, as grantee ("Grantee").
Witnesseth, that Grantor, for and in consideration of the sum of Ten Dollars ($10.00) and
other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant,
bargain, sell, convey and confirm unto Grantee, its successors and assigns forever, all the real
property, together with improvements, if any, situate, lying and being in the County of Weld, State
of Colorado, described as follows:
See Exhibit A attached hereto and incorporated herein.
TOGETHER with all and singular the hereditaments and appurtenances thereunto
belonging, or in anyway appertaining, and the reversion and reversions, remainders, rents,
issues and profits and all of Grantor's interest, if any, in and to any mineral rights, including
but not limited to, oil and gas and constituents thereof, including gravel, sand and coal, in,
under and upon or that might be produced from the Property, now or hereafter acquired, but
only to the extent such minerals are owned by Grantor and have not been reserved by prior
deed -or --grant; and -any -royalty -interest, and -any -oil or gas leases, -and -any -surface r;gl.ts by hA,
are owned by Grantor that relate to or in any way are appurtenant to the Property; and all the
estate, right, title, interest, claim and demand whatsoever of the grantor, either in law or equity,
of, in and to the above bargained premises, with the hereditaments and appurtenances;
TO HAVE AND TO HOLD the same premises above bargained and described, with the
appurtenances, unto the said Grantee, its successors and assigns forever. And, Grantor, for
itself, its successors and or assigns, does covenant, grant, bargain and agree to and with the said
Grantee, its successors and assigns, that at the time of the signing and delivery of these presents,
they are well seized of the premises above conveyed, have good, sure, perfect, absolute and
indefeasible estate of inheritance, in law, in fee simple, and have good right, full power and
lawful authority to grant, bargain, sell and convey the same in manner of form aforesaid, and
that the same are free and clear from all former and other grants, bargains, sales, liens, taxes,
assessments and encumbrances of whatever kind or nature, except for and subject to those
matters as set forth on Exhibit B attached hereto and incorporated herein.
1111111111111111111111111111111 X111111111111111 I I I
3619941 05/01/2009 10:42A Weld County, CO
2 of 20 R 101.00 D 0.00 Steve Moreno Clerk b Recorder
And Grantor, its successors and assigns, covenants and agrees to and with Grantee, to its
successors and assigns, warrant and defend title to the Property and the quiet and peaceable
possession of the Property by Grantee, its respective successors and assigns, against every
person who lawfully claims the Property or any part thereof, by, through or under Grantor.
In Witness Whereof, Grantor has executed this Special Warranty Deed on the date set forth
above.
PV Water II LLC,
a Colorado 'nit ' •umpany
ristopher R. Paulson
STATE OF COLORADO
)ss.
CITY AND COUNTY OF DENVER )
The foregoing instrument was acknowledged before me this ,3(rUay of April, 2009, by
Christopher R. Paulson, as Manager of PV Water II LLC, a Colorado limited liability, on its
behalf.
WITNESS my hand and official seal.
My commission expires:
2
ary Pub1
rn;
1111111111111111111111111111111111111111111111111111111
3619941 05/01/2009 10:42A Weld County, CO
3 of 20 R 101.00 D 0.00 Steve Moreno Clerk & Recorder
_ .ibit A
to
Special Warranty Deed
(Legal description)
BLAKE
•
Part of the Northeast Quarter (NE 1/4) of Section 15, Township 1 North, Range 63 West of the 6'h
Principal Meridian, Weld County, Colorado, being more particularly described as follows:
Beginning at the Northeast corner of said Section 15; thence South 00°00'37" West along the
East line of said Northeast'/ of Section 15 on a bearing shown on Highway Right -of -Way Plans
Project No. SR0079 (8), revised August 23, 1990, a distance of 80.00 feet to the True Point of
Beginning; thence South 00°00'37" West along said East line of the Northeast 1/4 of Section 15, a
distance of 2590.08 feet to the East '/4 corner of said Section 15; thence North 89°53'30" West
along the South line of said Northeast'' /4 of Section 15, a distance of 1866.63 feet; thence North
00°30'16" East, a distance of 2663.47 feet to a point on the North line of said Section 15, said
point being 745.70 feet easterly of the North '/4 corner of said Section 15; thence North
89°54'04" East along said North line of the Northeast'' /4 of Section 15, a distance of 1763.66 feet
to a point 80.00 feet westerly of said Northeast corner of Section 15; thence South 00°00'37"
West parallel with said East line of the Northeast '/4 of Section 15, a distance of 30.00 feet;
thence South 45°02'37" East, a distance of 70.64 feet; thence North 89°54'04" East parallel with
said North line of the Northeast '/4 of Section 15, a distance of 30.00 feet to the True Point of
Beginning, County of Weld, State of Colorado.
TOGETHER WITH:
CHUMLEY
Lot A of Recorded Exemption No. 1477 -22 -4 -RE 1697, recorded March 14, 1995 in Book 1483
as Reception No. 2429854, being a part of the SE 1/4 of Section 22, Township 1 North, Range 63
West of The 6th P.M., County of Weld, State of Colorado.
TOGETHER WITH:
COOK
Lot B Recorded Exemption Survey No. 1477-09-01 RE 3501 recorded March 26, 2003 at
Reception No. 3045533 located in the East Half (E '/z) of the Northeast Quarter (NE 1/4) of
Section 9, Township 1 North, Range 63 West of the 6`h P.M., County of Weld, State of Colorado.
3
•
• 1111111 IN! 11111111111 IIII IIIII 1111111 III IIIII IIII Iill
TOGETHER WITH:
EARL BAUMGARTNER
3619941 06/01/2009 10:42A Weld County, CO
4 of 20 R 101.00 D 0.00 Steve Moreno Clerk & Recorder
The West 1/2 of the Northeast 'A of Section 9, Township 1 North, Range 63 West of the 6'h P.M.,
including a strip of land 50 feet wide on the easterly side of and adjoining the center line of the
Beet Spur Track of the Burlington Northern Inc., lying within the said Northeast Quarter of
Section 9 with said Track Center Line also being the North -South center line of said Section 9,
County of Weld, State of Colorado.
TOGETHER WITH:
LARRY LEE BAUMGARTNER
All that part of the East One Half of the Northwest Quarter of Section 10, Township 1 North,
Range 63 West of the Sixth Principal Meridian, County of Weld, State of Colorado;
Excepting therefrom Lots A, B and C of Recorded Exemption No. 1477-10-1-RE2254, according
to the map recorded September 3, 1998 at Reception No. 2637892, being a part of the North''/ of
Section 10, Township 2 North, Range 6 West of the 6'h Principal Meridian;
Also excepting therefrom that parcel of land conveyed to the Prospect Community Church
recorded December 8, 1943 in Book 1122 at Page 278 Weld County Records;
Also excepting therefrom those parcels of land conveyed to School District No. 96, Weld County
by Deeds recorded December 1, 1925 in Book 787 at Page 107, February 10, 1939 in Book 1038
at Page 10, and May 28, 1952 in Book 1331 at Page 494 Weld County records;
Also excepting therefrom that parcel of land bounded to the North by Deed recorded in Book
1038 at Page 10, to the East by Deed recorded in Book 787 at Page 107, to the South by Deed
recorded in Book 1331 at Page 494 and to the West by Deed recorded at Reception No. 1756411
Weld County -Records
TOGETHER WITH:
RODNEY (PINTO) BAUMGARTNER
The W '/2 of the NW '/e of Section 10, Township 1 North, Range 63 West of the 6'h P.M.,
Together with a tract of land located in the NW 'A of Section 10, Township 1 North, Range 63
West of the 6th P.M., beginning at a point on the East and West quarter section line of Section 10,
Township 1 North, Range 63 West, 330 feet West of the center of said Section; thence North 40
feet; thence West 50 feet; thence South 28 feet; thence West 902 feet to a fence running North
and South between the NW '/a and the W '/a of the NW '/a of Section 10; thence South 12 feet to
the East and West quarter section line of Section 10; thence East along the said East and West
quarter section line, 952 feet to the place of beginning,
4
11111111111111111111111111111111111111111 nip
3619941 05/01/2009 10.42A Weld County, CO
5 of 20 R 101.00 D 0.00 Steve Moreno Clerk & Recorder
•.... _.._.. _....._.
Except that portion conveyed to Prospect School District No. 96, Prospect Valley by instrument
recorded April 7, 1951 in Book 1328 at Page 244 and Corrective Warranty Deed to Weld County
School District RE -3(J), formerly known as Prospect School District No. 96, Prospect Valley
recorded June 12, 1978 in Book 824 at Reception No. 1756411, County of Weld, State of
Colorado.
TOGETHER WITH:
HAVENGAR - WELL SITE
A tract of land situated in the Southwest Quarter (SW %4) of Section 10, Township 1 North,
Range 63 West of the 6th P.M., described as follows: Beginning at the southeast corner of said
quarter section, thence North along the East boundary thereof a distance of seventy (70) feet,
thence West parallel to the South boundary thereof a distance of eighty (80) feet, thence South
parallel to the East boundary thereof a distance of seventy (70) feet, thence East along the South
boundary thereof a distance of eighty (80) feet, more or less, to a place of beginning, County of
Weld, State of Colorado.
TOGETHER WITH:
HUMMEL
That part of the SW /4 of Section 27, Township 1 North, Range 63 West of the 6'h Principal
Meridian South of Prospect Lateral, described as follows, to -wit:
Beginning at the Southwest corner of said Section 27, thence North along the West line of said
Section to the South right of way line of Prospect Lateral; thence in a generally Easterly
direction along the South right of way line of said Prospect Lateral to the point of intersection
with the North -South centerline; thence South along said centerline to the South quarter corner of
said Section; thence West along the South line of said Section to the Southwest corner thereof,
Weld County, Colorado.
TOGETHER WITH:
KEENE VALLEY
Lot B of Recorded Exemption No. 1477 -10 -3 -RE- 3707, recorded July 28, 2004 at Reception
No. 3203155, being a part of the Southwest Quarter (SW '/4) of Section 10, Township 1 North,
Range 63 West of the 6th P.M., County of Weld, State of Colorado.
EXCEPTING THEREFROM a tract of land conveyed by Deed recorded May 22, 1951 in Book
1303 at Page 333, being more particularly described as follows:
A tract of land situated in the SW '/4 of Section 10, Township 1 North, Range 63 West of the 6'h
P.M. described as follows:
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Beginning at the Southeast corner of said quarter section, thence North along the East boundary
thereof a distance of 70 feet; thence West parallel to the South boundary thereof a distance of 80
feet; thence South parallel to the East boundary thereof a distance of 70 feet; thence East along
the South boundary thereof a distance of 80 feet, more or less, to the Place of Beginning.
TOGETHER WITH:
PARKER SECTION 10
A tract of land located in the North One -Half (N ''/a) of Section Ten (10), Township One (1)
North, Range Sixty -Three (63) West of the 6th Principal Meridian, Weld County, Colorado, being
more particularly described as follows:
Considering the East line of the Northeast One -Quarter (NE'/) of said Section Ten (10) to bear
South 00 degrees 04 minutes 30 seconds East, and all bearings contained herein being relative
thereto;
Beginning at the Center One -Quarter (C' /s) of said Section Ten (10), thence along the West line
of the Northeast One -Quarter (NE '/a) of said Section Ten (10), North 00 degrees 07 minutes 18
seconds West, 1320.12 feet to the Center -North One -Sixteenth (C -N 1/16) corner of said Section
Ten (10);
Thence North 89 degrees 58 minutes 23 seconds West, 324.01 feet;
Thence North 00 degrees 07 minutes 07 seconds West, 520.9] feet to the southerly boundary of
Lot B, Recorded Exemption 2254;
Thence South 89 degrees 54 minutes 46 seconds East, 342.83 feet to the southerly boundary of
Lot A, Recorded Exemption 2254;
Thence along the boundary of Lot A, Recorded Exemption 2254, North 79 degrees 07 minutes
57 seconds East, 361.97 feet;
Thence North 12 degrees 26 minutes 46 seconds West, 289.50 feet;
Thence North 01 degrees 12 minutes 02 seconds West, 450.08 feet to the North line of the
No paat One -0 •. A h. ' of said Section Yew(19}and-alongColoiado State Highway 5Z
Thence along said North line of the Northeast One -Quarter (NE 1/4) of said Section Ten (10) and
along said Colorado State Highway 52, North 89 degrees 45 minutes 39 seconds East, 1042.93
feet;
Thence leaving said North line of the Northeast One -Quarter (NE '/a) of said Section Ten (10)
and to the easterly boundary of the Town of Prospect Valley, South 00 degrees 04 minutes 41
seconds East, 208.75 feet;
Thence North 89 degrees 45 minutes 39 seconds East, 697.00 feet and parallel with the North
line of the Northeast One -Quarter (NE %) of said Section Ten (10);
Thence South 00 degrees 04 minutes 41 seconds East, 150.00 feet;
Thence North 89 degrees 45 minutes 39 seconds East, 344.50 feet and parallel with the North
line of the Northeast One -Quarter (NE 1/4) of said Section Ten (10);
Thence South 00 degrees 04 minutes 41 seconds East, 240.00 feet;
Thence North 89 degrees 45 minutes 39 seconds East, 149.97 feet and parallel with the North
line of the Northeast One -Quarter (NE 1/4) of said Section Ten (10) and to the westerly right-of-
way for Colorado State Highway 79;
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Thence along said right-of-way, South 00 degrees 04 minutes 30 seconds East, 2041.42 feet to
the South line of the Northeast One -Quarter (NE 1/4) of said Section Ten (10);
Thence along said South line, South 89 degrees 45 minutes 28 seconds West, 2535.48 feet to the
Point of Beginning;
Also known as Tract C of Recorded Exemption No. 1477-10-1-RE2254, recorded September 3,
1998 at Reception No. 2637892, being a part of the North '/r of Section 10, Township 1 North,
Range 63 West of the 6`h Principal Meridian, Weld County, Colorado.
TOGETHER WITH:
PARKER SECTION 35
Lot B, recorded Exemption No. 1303-35-1-RE1.634, recorded October 3, 1994 at Reception No.
2409232, being a part of the East One -Half of the Northeast One -Quarter of Section Thirty -Five,
Township Two North, Range 63 West of the 6m Principal Meridian, County of Weld, State of
Colorado.
Also being described as follows:
A tract of land in the East One -Half of the Northeast One -Quarter (E1/2 NE '/4) of Section Thirty -
Five (35), Township Two (2) North, Range Sixty -Three (63) West of the 6'h Principal Meridian,
Weld County, Colorado, being more particularly described as follows:
Considering the North Line of the East One -Half of the Northeast One -Quarter (E1/2 NE' /4) of
said Section Thirty -Five (35) to bear North 89 degrees 58 minutes 47 seconds East, and all
bearings contained herein being relative thereto:
Beginning at the Northeast corner of said Section Thirty -Five (35), thence along the East line of
the East One -Half of the Northeast One -Quarter (E '/z NE '/4) of said Section Thirty -Five (35),
South 00 degrees 04 minutes 50 seconds West, 722.95 feet to a point; thence leaving the East
-Una halt of -the Northeast One-Quarttr (C % NE 1/4) of said -Section -Thirty -Five -(35); -North 89
degrees 18 minutes 20 seconds West, 30.00 feet;
Thence North 89
Thence South 82
Thence South 71
Thence South 00
Thence South 85
Thence South 72
Thence South 87
Thence North 00
Thence North 89
Thence South 03
Thence South 87
Thence South 87
East One -Half of
degrees 18 minutes 20 seconds West, 271.50 feet;
degrees 17 minutes 11 seconds West, 71.60 feet;
degrees 58 minutes 30 seconds West, 89.00 feet;
degrees 04 minutes 50 seconds West, 184.75 feet;
degrees 14 minutes 32 seconds East, 56.79 feet;
degrees 51 minutes 34 seconds East, 63.30 feet;
degrees 10 minutes 59 seconds East, 69.72 feet;
degrees 34 minutes 30 seconds East, 31.28 feet;
degrees 03 minutes 55 seconds East, 43.00 feet;
degrees 12 minutes 16 seconds West, 34.37 feet;
degrees 05 minutes 46 seconds East, 209.11 feet;
degrees 05 minutes 46 seconds East, 30.04 feet to a point on the East line of the
the Northeast One -Quarter (E'/ NE' /4) of said Section Thirty -Five (35);
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Thence along the East line of the East One -Half of the Northeast One -Quarter (E'/ NE IA) of
said Section Thirty -Five (35), South 00 degrees 04 minutes 50 seconds West, 1661.82 feet to the
East One -Quarter (E'/4) of said Section Thirty -Five (35);
Thence South 89 degrees 59 minutes 29 seconds West, 1323.85 feet to the Center -East -One -
Sixteenth (C -E 1/16) corner of said Section Thirty -Five (35);
Thence along the West line of the East One -Half of the Northeast One -Quarter (E V2 NE 1/4) of
said Section Thirty -Five (35), North 00 degrees 06 minutes 52 seconds East, 2643.50 feet to the
East One -Sixteenth (E 1/16) corner of said Section Thirty -Five (35) and Twenty -Six (26),
Township Two (2) North, Range Sixty -Three (63) West, 6th Principal Meridian;
Thence along the North line of the East One -Half of the Northeast One -Quarter (E 1/4 NE' /4) of
said Section Thirty -Five (35), North 89 degrees 58 minutes 47 seconds East, 1322.28 feet to the
Point of Beginning.
TOGETHER WITH:
PARKER/SIRIOS
PARCEL ONE
LOT B OF RECORDED EXEMPTION NO. 1301-07-03 RE -3512 RECORDED April 29, 2003
AT RECEPTION NO. 33056941, BEING A PART OF THE SOUTH 1/2 OF THE SOUTH 1/2
OF SECTION 7, TOWNSHIP 2 NORTH, RANGE 62 WEST OF THE 6TH P.M., COUNTY OF
WELD, STATE OF COLORADO
PARCEL TWO
LOT A OF RECORDED EXEMPTION SURVEY NO. 1301-8-3 RE -4340 RECORDED MAY
4, 2006 AT RECEPTION NO. 3384959 LOCATED IN THE SOUTHEAST 1/4 OF SECTION 7
AND THE SOUTHWEST 1/4 OF SECTION 8 TOWNSHIP 2 NORTH, RANGE 62 WEST OF
THE 6TH P.M. COUNTY OF WELD, STATE OF COLORADO
Pnt,
LOT B OF RECORDED EXEMPTION SURVEY NO. 1301-8-3 RE -4340 RECORDED MAY
4, 2006 AT RECEPTION NO. 3384959 LOCATED IN THE SOUTHEAST 1/4 OF SECTION 7
AND THE SOUTHWEST 1/4 OF SECTION 8 TOWNSHIP 2 NORTH, RANGE 62 WEST OF
THE 6TH P.M. COUNTY OF WELD, STATE OF COLORADO
PARCEL FOUR
A TRACT OF LAND LOCATED IN THE SE 1/4 OF SECTION 8, AND THE NE 1/4 OF
SECTION 17, IN TOWNSHIP 2 NORTH, RANGE 62 WEST OF THE 6TH P.M., WELD
COUNTY, COLORADO MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF THE SE 1/4 OF SAID SECTION 8,
THENCE NORTH 1252 FEET ALONG THE WEST LINE OF SAID SE1/4, THENCE NORTH
87 DEGREES 23' EAST 1435 FEET, THENCE SOUTH 2 DEGREES 32' EAST 1322 FEET TO
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A POINT ON THE SOUTH LINE OF SAID SE1/4 OF SAID SECTION 8, THENCE
CONTINUING SOUTH 2 DEGREES 32' EAST1321 FEET, THENCE SOUTH 89 DEGREES
55' WEST 1550 TO A POINT ON THE WEST LINE OF THE NE 1/4 OF SECTION 17,
THENCE NORTH 1325 FEET TO THE NORTHWEST CORNER OF THE NE 1/4 OF SAID
SECTION 17, BEING THE PLACE OF BEGINNING,
COUNTY OF WELD, STATE OF COLORADO.
TOGETHER WITH:
POSTLE
Lot C of Recorded Exemption No. 1477 -10 -4 -RE -3404, recorded October 30, 2002 as Reception
No. 3000569, being a part of the SE % of Section 10, Township 1 North, Range 63 West of the
6'" P.M., County of Weld, State of Colorado;
Excepting therefrom a tract of land conveyed to Layne -Western Company by Deed recorded June
20, 1934 in Book 961 at Page 476. Also except a tract of land conveyed to Henry J. Vogel, Jacob
Vogel and Carl Vogel by Deed recorded January 8, 1953 in Book 1347 at Page 339. Also except
a tract of land conveyed to Federal Land Bank of Wichita by Deed recorded December 19, 1986
in Book 1139 as Reception No. 2081512. Also except a tract of land conveyed to the State
Department of Highways, State of Colorado, by Deeds recorded June 1, 1990 as Reception Nos.
2215583 and 2215584.
TOGETHER WITH:
WHITFIELD SECTION 3
Lot B, Recorded Exemption No. 1477-03.4-RE3095, recorded August 31, 2001 as Reception
No. 2879715, being a part of the West Half of the Southeast Quarter (SE 1/4) of Section 3,
Township 1 North, Range 63 West of the 6th P.M., County of Weld, State of Colorado;
together with -
Lot B, Amended Recorded Exemption No. 1477-03-4-RE3096, recorded December 6, 2O07 as
Reception No. 3522039, being a part of the East Half of the Southeast One -Quarter (SE 1/4)
of Section 3, Township 1 North, Range 63 West of the 6th P.M., County of Weld, State of
Colorado.
TOGETHER WITH:
WHITFIELD SECTION 15
Lot B of Recorded Exemption No. 1477-15-3-RE3528, recorded June 3, 2003 at Reception
No. 3068528, being a part of the Southwest Quarter (SE 1/4) of Section 15, Township 1
North, Range 63 West of the 6th P.M., County of Weld, State of Colorado.
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TOGETHER WITH:
JILL ZIMBELMAN
Lot C of Recorded Exemption No. 1477 -11 -1 -RE -2885, recorded January 18, 2002 at Reception
No. 2918246, being a part of the NE 1/4 of Section 11, Township 1 North, Range 63 West of the
6'" P.M., County of Weld, State of Colorado,
TOGETHER WITH a part of the SE %< of Section 10, Township 1 North, Range 63 West of the
6'h P.M., County of Weld, State of Colorado, described as follows:
A tract of land 100 feet long and 30 feet wide described as follows:
Beginning at a point 624 feet East of the Northwest corner of the SE '/a of Section 10, Township
1 North, Range 63 West;
Thence South 30 feet;
Thence East 100 feet;
Thence North 30 feet;
Thence West 100 feet along the North line of the SE '/a of said Section 10 to the Point of
Beginning, County of Weld. State of Colorado.
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Exhibit B
to
General Warranty Deed
(Exceptions)
•
1. Taxes and assessments for the year 2008 a lien that is due or payable (this exception
affects every parcel listed in Exhibit A hereto).
2. Taxes and assessments for the year 2009 and subsequent years, a lien not yet due or
payable (this exception affects every parcel listed in Exhibit A hereto).
The following exception affects only the parcels known as Blake, Earl Baumgartner, Larry Lee
Baumgartner, Rodney (Pinto) Baumgartner, Chumley, Cook, Havengar-Well Site, Hummel,
Parker/Sirios and Jill Zimbelman:
3. Rights of way for County Roads 30 feet on either side of Section and Township lines as
established by the Board of County Commissioners for Weld County, recorded October 14,
1889 in Book 86 at Page 273.
The following affects the parcel noted at the end of each underground facility exception:
4. Notices pursuant to CRS 9-1.5-103 concerning underground facilities have been filed
with the Weld County Clerk and Recorder as disclosed by the following instruments:
(a) Mountain Bell Telephone Company, recorded October 1, 1981 in Book 949 at
Reception No. 1870705 (affects to Blake, Larry Lee Baumgartner, Rodney (Pinto)
Baumgartner, Chumley, Cook, Havengar-Well Site, Hummel, Keene Valley,
Parker/Sirios and Jill Zimbelman).
(b) Colorado Interstate Gas Company, recorded August 31, 1984 in Book 1041 at
Reception No. 1979784 (affects Blake, Larry Lee Baumgartner, Rodney (Pinto)
Baumgartner, Chumley, Cook, Havengar-Well Site, Hummel, Keene Valley,
Parker/Sirios and Jill Zimbelman).
(c) Associated Natural Gas1hia; reeorded A} it 10, -4989 -in -Book 1229 at Reception
No. 2175917 (affects Blake, Chumley, Keene Valley, Parker/Siros and Jill
Zimbelman).
(d) Public Service Company of Colorado, recorded November 9, 1981 in Book 952 at
Reception No. 1874084 (affects Blake, Larry Lee Baumgartner, Chumley, Cook,
Havengar-Well Site, Hummel, and Keene Valley).
(e) Western Slope Gas Company, recorded March 9, 1983 in Book 990 at Reception
No. 1919757(affects Blake, Larry Lee Baumgartner, Rodney (Pinto) Baumgartner,
Chumley, Cook, Havengar-Well Site, Hummel, Keene Valley, Parker/Sirios and Jill
Zimbelman).
(f) Western Gas Supply Company, recorded April 2, 1985 in Book 1063 at
Reception No. 2004300(affects Larry Lee Baumgartner, Rodney (Pinto)
Baumgartner, Chumley, Cook, Havengar-Well Site, Hummel, Parker/Sirios and Jill
Zimbleman).
(g) United Power, Inc., formerly Union Rural Electric Association, Inc., recorded
January 24, 1991 in Book 1288 at Reception No. 02239296 (affects Blake,
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Chumley, Keene Valley and Jill Zimbelman).
NOTE: These Notices are general and do not necessarily give notice of underground
facilities within the subject property.
The following exceptions affect only the parcel known as Blake:
5. The right of the proprietor of a vein or lode to extract or remove his ore, should the same be
found to penetrate or intersect the premises thereby granted and rights -of -way for ditches
and canals as reserved in United States Patent recorded July 24, 1919 in Book 460 at Page
90, and any and all assignments thereof or interests therein.
6. Terms, conditions, provisions, agreements and obligations specified under the
Memorandum of Gas gathering and Processing Contract, which was recorded September
29, 1995 at Reception No. 2457614.
The following exceptions affect only the parcel known as Earl Baumgartner:
7. An Easement for Right of Way and incidental proposes granted to Chicago Burlington
and Quincy Railroad Company by the instrument recorded July 9, 1925 in Book 779 at Page
233.
8. An undivided 100% interest in all oil, gas and associated liquid hydrocarbons conveyed
to Union Pacific Resources Company by Mineral Deed, recorded October 15, 1991 in
Book 1314 at Reception No. 2266095 and any and all assignments thereof or interests
therein.
The following exceptions affect only the parcel known as Larry Lee Baumgartner:
9. Reservation of right of way for any ditches or canals constructed by authority of the
United States, in U.S. Patent recorded June 8, 1917 in Book 460 at Page 24.
Right-ot-Way-tor-public highway over and across the South 10 feet of the lilt48ieet
of subject property as conveyed to Weld County, Colorado by Deed recorded March
24, 1931 in Book 910 at Page 623.
11. Undivided 2/3 interest in all oil, gas and mineral in and under subject property as
conveyed to Earl Alex Baumgartner and Larry Lee Baumgartner by Bargain and Sale
Deed recorded March 18, 1977 in Book 792 at Reception No. 1714011.
12. Terms, conditions, provisions, agreements and obligations specified under the
Easement, which was recorded May 29, 1996 under Reception No. 2493403.
The following exceptions affect only the parcel known as Rodney (Pinto) Baumgartner:
13. Reservation of right of way for any ditches or canals constructed by authority of the
United States, in U.S. Patent recorded June 8, 1917 in Book 460 at Page 24.
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14. Terms, conditions, provisions, agreements and obligations specified under the
Easement, which was recorded October 24, 1996 in Book 1573 at Page 539 at
Reception No. 2517182.
15. An oil and gas lease, executed by Ruben Baumgartner, a/k/a Reuben Baumgartner and
Marian Baumgartner as lessor(s) and by Energy Mineral Corporation as lessee(s), for a
primary term of years, dated July 10, 1991, recorded August 5, 1991 in Book 1306 at
Reception No. 2258414, and any and all assignments thereof or interests therein.
The following exceptions affect only the parcel known as Chumley:
16. Reservation of right of way for any ditches or canals constructed by authority of the
United States, in U.S. Patent recorded March 12, 1924 in Book 677 at Page 86.
17. An undivided 1/2 interest in all oil, gas and other mineral rights as reserved by the
Federal Land Bank of Wichita in a deed recorded May 14, 1941 in Book 1078 at Page
580 and any interest therein or rights thereunder
18. Terms, conditions, provisions, agreements and obligations specified under the Permanent
Pipeline Right -of -Way Grants, recorded September 8, 1983 in Book 1007 at Reception
No. 0193975.
Assignment of Interests in Permanent Pipeline Rights-Of-Way/Easements recorded June
11, 1984 in Book 1033 at Reception No. 1970082.
19. Notes, Notices and Easements as shown on the recorded Exemption No. 1477-22-4-
RE1697 recorded March 14, 1995 Book 1483 at Reception No. 2429854.
The following exceptions affect only the parcel known as Cook:
20. Reservations made by the Union Pacific Railway Company, in deed recorded November 29,
1907 in Book 233 at Page 128, providing substantially as follows: reserving unto the
company -and its assigns -all coal that may -be -found -underneath the surface of the land -herein
described and the exclusive right to prospect and mine for same, also such right-of-way and
other grounds as may appear necessary for proper working of any coal mines that may be
developed upon said premises, and for transportation of coal from same; and any and all
assignments thereof or interest therein.
Release and Quit Claim Deed Recorded December 17, 1998 at Reception No. 2661201.
Request for Notification of Surface Development recorded May 28, 2002 at Reception
No. 2954634
21. Right of Way whether in fee or easement only, for railroad proposes, as granted to the
Chicago Burlington & Quincy Railroad Company by instrument recorded July 9, 1925 in
Book 779 at Page 233
22. Terms, conditions, provisions, agreements and obligations specified under the Easement,
which was recorded June 9, 1995 under Reception No. 2441974.
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23. Terms, conditions, provisions, agreements and obligations specified under the Recorded
Exemption No. 1477-09-01 RE 3501, which was recorded March 26, 2003 under Reception
No. 3045533 including but not limited to Right of Way for of the Prospect Lateral No. 3,
Building Envelope, Agricultural Irrigation Easement and Existing Agricultural Access (2).
The following exceptions affect only the parcel known as Havengar Well Site:
24. Reservation of right of way for any ditches and/or canals constructed by authority of
the United States, in U.S. Patent recorded June 6, 1916 in Book 385 at Page 175.
The following exceptions affect only the parcel known as Hummel:
25. Reservation by the Union Pacific Railroad Company of all oil, coal and other minerals
underlying the land, the exclusive right to prospect for, mine and remove oil, coal and
other minerals, and the right of ingress and egress and regress to prospect for, mine and
remove oil, coal and other minerals, as contained in deed recorded October 5, 1904 in
Book 217 at Page 218, and any and all assignments thereof or interests therein.
Note: Mineral Deed by and between Union Pacific Land Resources Corporation and
Champlin Petroleum Company was recorded January 25, 1978 at Reception No.
1742593.
Note: Release and Quit Claim Deed by and between Union Pacific Railroad Company
and Union Pacific Land Resources Corporation was recorded December 17, 1998 at
Reception No. 2661201.
Note: Request for Notification of Surface Development recorded May 28, 2002 at
Reception No. 2954627.
26. Any and all right of way for the Prospect Lateral, as the same now exists on said land,
which is not defined by a recorded instrument.
27. Terms, conditions, provisions, agreements and obligations specified under the Oil and
Gas Lease from Champlin Petroleum Company to Amoco Production Company, which
was ,ccvrded Jai ua,�7�197$ iuBsrnk_$21 a, Re on_No 17A2594
28. The effect, if any, imposed upon said land by reason of its inclusion into the letter
notifying land owners of the intent to create a toll road expressway for the Prairie Falcon
Parkway Express, as set forth in instrument recorded January 5, 2007 at Reception No.
3445894.
The following exceptions affect only the parcel known as Keene Valley:
29. Reservation of right of way for ditches and/or canals constructed by authority of the
United States, in U.S. Patent recorded June 6, 1916 in Book 385 at Page 175.
30. Reservation of one-half (1/2) interest in all minerals and/or mineral rights as reserved by
Lee H. Alden aka Lee H. Alden, Sr. in the Deed recorded January 9, 1963 in Book 1635
at Page 66, and any and all rights thereunder.
31. Reservation of one-half (1/2) interest in all minerals and/or mineral rights as reserved by
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Floyd J. Mason, Jr. and Shirley D. Mason in the Deed recorded February 1, 1963 in
Book 1637 at Page 252, and any and all rights thereunder.
32. An undivided one -eighth (1/8) interest in and to all oil, gas and other minerals as granted
by Robert M. Shuffler unto Anita Field in the Mineral Deed recorded June 22, 1978 at
Reception No. 1757499.
33. An undivided one -eighth (1/8) interest in and to all oil, gas and other minerals as granted
by Robert M. Shuffler unto John N. DiNardo in the Mineral Deed recorded October 29,
1979 at Reception No. 1807571.
34. Reservation of one -eighth (1/8) interest in all minerals and/or mineral rights as reserved
by Dale A. Johnson and Janis L. Johnson in the Deed recorded August 2, 1983 under
Reception No. 1935408, and any and all rights thereunder.
35. Easements, notes, terms, conditions, provisions, agreements and obligations as shown on
the Recorded Exemption No. 1477-10-3-RE1032 recorded September 9, 1987 at
Reception No. 2113705.
36. Easements, notes, terms, conditions, provisions, agreements and obligations as shown on
the Amended Recorded Exemption No. 1477-10-3-RE1032 recorded October 19, 1995 at
Reception No. 2460177.
37. Easements, notes, terms, conditions, provisions, agreements and obligations as shown on
the Amended Recorded Exemption No. 1477-10-3-RE1770 recorded October 19, 1995 at
Reception No. 2460179.
NOTE: Affidavit of Correction recorded January 19, 2001 at Reception No. 2820320.
38. Easements, notes, terms, conditions, provisions, agreements and obligations as shown on
the Recorded Exemption No. 1477 -10 -3 -RE -3707 recorded July 28, 2004 at Reception
No. 3203155.
The following exceptions affect only the parcel known as Parker Section 10:
39. Reservation of right-of-way for any ditches or canals constructed by authority of the United
States, as contained in U.S. Patent recorded June 8, 1917 in Book 460 at Page 24.
40. Reservation of right-of-way for any ditches or canals constructed by authority of the United
States, as contained in U.S. Patent recorded May 26, 1920 in Book 595 at Page 70.
41. Terms, conditions, provisions, agreements, easements and obligations specified under the
Notice Concerning Underground Facilities of United Power, Inc., which was recorded
January 24, 1991 at Reception No. 2239296.
42. Terms, agreements, provisions, conditions and obligations of an Oil and Gas lease,
executed by Herman Wagner; Anna Wagner; David E. Wagner and Earlene T. Wagner, as
lessor(s), and Energy Minerals Corporation, as lessee(s), recorded August 5, 1991 at
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Reception No 2258424, and any and all assignments thereof or interests therein.
•
43. Reservation of one-half of all oil, gas and other hydrocarbons that presently exist in, on,
under, upon and that may be produced from the subject property, together with the rights of
ingress and egress necessary to explore for, mine and remove such oil, gas and other
hydrocarbons, as contained in Warranty Deed recorded July 9, 1993 at Reception No.
2340419, and any and all assignments thereof or interests therein.
44. An easement for telecommunications facilities and incidental purposes granted to U S West
Communications, Inc. by the instrument recorded June 11, 1996 at Reception No. 2495816,
together with the terms, conditions, stipulations, provisions and obligations as contained
therein.
45. All items as set forth and shown on Recorded Exemption No. 1477-10-1-RE2254, recorded
September 3, 1998 at Reception No. 2637892.
46. Reservation of a strip of land along the Northern property line for the right-of-way of State
Highway 52 as shown on ALTA/ACSM Survey recorded October 29, 2003 at Reception
No. 3121352
The following exceptions affect only the parcel known as Parker Section 35:
47. Rights -of -Way for Weld County Roads No. 71 and 16 as established in instrument
recorded October 14, 1889 in Book 86 at Page 273.
48. Reservation by the Union Pacific Railroad Company of all oil, coal and other minerals
underlying the land, the exclusive right to prospect for, mine and remove oil, coal and other
minerals, and the right of ingress and egress and regress to prospect for, mine and remove
oil, coal and other minerals, as contained in Deed, and any and all assignments thereof or
interests therein.
std tklrneral rightsas-disclosed-on-thefollowing-Deeds
a. Mineral Deed by and between William A. Sargent and Willetta L. Sargent,
grantors, and Irvin J. Sargent and Della M. Sargent, grantees, recorded October 4,
1956 in Book 1461 at Page 236 and as corrected March 6, 1962 in Book 1608 at
Page 219.
b. Mineral Deed by and between William A. Sargent and Willetta L Sargent,
grantors, and Roy D. Sargent and Marjorie R. Sargent, grantees, recorded October 4,
1956 in Book 1461at Page 237 and as corrected March 6, 1962 in Book 1608 at
Page 218.
c. Deed by and between Roy D. Sargent and Marjorie R. Sargent, grantors, and
William A. Sargent, Sr., recorded June 27, 1974 at Reception No. 1639587.
d. Deed by and between Della M. Sargent, grantor, and William A. Sargent, Sr., g
rantee, recorded June 27, 1974 at Reception No. 1639588.
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e. Personal Representative's Deed by and between Sherry J. Stickle as Personal
Representative of the Estate of William A. Sargent, also known as William A.
Sargent, Sr., deceased, grantor, and John B. Parker and Edwin C. Parker, Jr.
recorded March 9, 1994 at Reception No. 2377492.
f. Warranty Deed by and between John B. Parker and Edwin C. Parker, Jr., and The J
& E Parker Farms limited Partnership, recorded February 18, 1997 at Reception
No. 2533733.
g.
Quit Claim Deed by and between L Alice Collister and Wiltim B. Collister
grantors and ACEE BCEE, a Wyoming corporation recorded November 22, 2006 at
Reception No. 3437039.
50. An Oil and Gas Lease, executed by The Estate of William A. Sargent as lessor(s) and by
Panhandle Production Co. as lessee(s), for a primary term of one year, dated May 13, 1983,
recorded May 19, 1983 at Reception No. 1927497, and any and all assignments thereof or
interests therein.
51. Terms, conditions, provisions, agreements, easements and obligations specified under the
letter, which was recorded February 12, 1987 at Reception No. 2088348.
52. Terms, conditions, provisions, agreements, easements and obligations specified under the
Notice Concerning Underground Facilities of United Power, Inc., which was recorded
January 24, 1991 at Reception No. 2239296.
53. All items as set forth on Recorded Exemption No. 1303-35-1-RE1634, recorded October 3,
1994 at Reception No. 2409232, and as set forth and shown on ALTA/ACSM Land Title
Rural Survey, recorded October 29, 2003 at Reception No. 3121351.
The following exceptions affect only the parcel known as Parker/Sirios:
54. The right of the proprietor of a vein or lode to extract or remove his ore, should the
same be found to penetrate or intersect the premises thereby granted and rights -of -way
for ditches and canals as reserved in United Stated Patent recorded July 15, 1895 in
Book 57 at Page 371 and 374, July 15, 1895 in Book 51 at Page 288 and 289 and any
and all assignments thereof or interests therein.
55. The right of the proprietor of a vein or lode to extract or remove his ore, should the
same be found to penetrate or intersect the premises thereby granted and rights -of -way
for ditches and canals as reserved in United States Patent recorded July 12, 1895 in
Book 34 at Page 389 (affects the SW 'A of Section 7), and any and all assignments
thereof or interests therein.
56. Right of Way for ditches and canals constructed by the authority of the United States as
reserved in United States Patent recorded March 21, 1901 in Book 131 at Page 74.
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57. An undivided 1 interest in and to all on, gas or other minerals as reserved by Melvin
A. Gibson and Grace D. Gibson in the Deed recorded November 9, 1956 in Book 1463
at Page 354, and any interests therein or rights thereunder.
58. Oil and Gas Lease between Vernon H. Preston and Rosie Jean Preston and Leon
Zimbelman dated September 28, 1970, recorded January 12, 1971 in Book 638 at
Reception No. 1560245, and any interests therein or rights thereunder.
Note: Extension of the above Lease as claimed by Affidavit of Production by Beaver
Mesa Exploration Company, recorded November 17, 1975 in Book 753 at Reception
No. 1674738.
59. Royalty Deed from Vernon H. Preston to Richard H. Preston, Barbara J. Preston,
James K. Preston and Virginia A. Preston recorded August 6, 1974 in Book 720 at
Reception No. 1641981.
60. Terms, conditions, provisions, agreements and obligations specified under the
Easement and right of way for pipe lines, and appurtenances and accompanying
telephone and telegraph lines and appurtenances granted to Phillips Petroleum
Company by Vernon H. Preston and Rosie J. Preston, which was recorded January 27,
1975 in Book 731 at Reception No. 1652786.
61. Terms, conditions, provisions, agreements and obligations specified under the
Easement and right of way for pipe line and from time to time additional pipe line or
lines, drips, pipe line markers, valves launchers receivers, cathodic equipment test
leads, and all appurtenances convenient for the maintenance and operation of said pipe
lines granted to Panhandle Easement Pipe Line Company, which was recorded May 5,
1975 in Book 738 at Reception No. 1659636.
62. An undivided 'A interest in and to all oil, gas or other minerals as conveyed to Vernon
H. Preston-by-Murerar-Deed recorded -June -6---197-5 in Book 740 at Reception -No. -
1662151 and 166252 and re-recorded June 23, 1975 in Book 741 at Reception No.
1663429 and 1663430, and any interests therein or rights thereunder.
63. Terms, conditions, provisions, agreements and obligations specified under the
Easement and right of way for a pipe line as granted to Charter Gas Resources, Inc.,
which was recorded January 2, 1976 in Book 756 at Reception No. 1678253.
The following exceptions affect only the parcel known as Whitfield Section 3:
64. Rights -of -Way for Weld County Road No. 69 as established in instrument recorded
October 14, 1889 in Book 86 at Page 273.
65. Reservation by the Union Pacific Railroad Company of all oil, coal and other minerals
underlying the land, the exclusive right to prospect for, mine and remove oil, coal and
other minerals, and the right of ingress and egress and regress to prospect for, mine and
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remove oil, coal and other minerals, as contained in Deed, and any and all assignments
thereof or interests therein.
•
66. Reservation by Harold Huwa of one-half (1/2) of all oil, gas and other minerals as
contained in Deed recorded January 6, 1981 at Reception No. 1846122.
67. Terms, conditions, provisions, agreements, easements and obligations specified under
the Notice Concerning Underground Facilities of United Power, Inc., which was
recorded January 24, 1991 at Reception No. 2239296.
68. Terms, conditions, provisions, agreements, easements and obligations specified under the
Right of Way and Easement Agreement, which was recorded August 5, 1993 at
Reception No. 2345022.
69. Terms, conditions, provisions, agreements, easements and obligations specified under
the Right of Way and Easement Agreement, which was recorded August 27, 1993 at
Reception No. 2348052.
70 Reservation by Herman Huwa and Anna Huwa of one-half (1/2) of all hydro -carbons, oil,
gas, aggregates and other minerals as contained in Warranty Deed recorded September
24, 1999 at Reception No. 2722727.
71. Reservation by Herman Huwa and Anna Huwa of one-half (1/2) of all hydro -carbons,
oil, gas, aggregates and other minerals contained in Warranty Deed recorded
September 24, 1999 at Reception No. 2722730.
72. Reservation of a strip of land 70 feet in width along the Southerly property line of the
subject property for the right-of-way of State Highway No. 52, as shown on Recorded
Exemption No. 1477-03-4-RE3095 recorded August 31, 2001 at Reception No.
2879715.
recorded August 31, 2001 at Reception No. 287915 and on Recorded Exemption 1477-
03-4-RE3096, recorded August 31, 2001 at Reception No. 2879716.
NOTE: Amended Recorded Exemption No. 1477-03-4 AMRE-3096 recorded December
6, 2007 at Reception No. 3522069.
The following exceptions affect only the parcel known as Whitfield Section 15:
74. Rights -of -Way for Weld County Roads 8 and 67 as established in instrument recorded
October 14, 1889 in Book 86 at Page 273.
75. Reservation by the Union Pacific Railroad Company of all oil, coal and other minerals
underlying the land, the exclusive right to prospect for, mine and remove oil, coal and
other minerals, and the right of ingress and egress and regress to prospect for, mine and
remove oil, coal and other minerals, as contained in Deed, and any and all assignments
thereof or interests therein.
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