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HomeMy WebLinkAbout20093534.tiffDonna Bechler From: Sent: To: Subject: Kim Ogle Wednesday, November 16, 2011 6:43 PM Donna Bechler RE: Recorded Exemptions Good morning Donna The Litzenberger Plat remains on hold as the Town of Mead is negotiating with the applicant on acquiring a part of the property for a park. The Schellenberger plat was recorded 6-16-2011, M3774392 Thanks, Kim Kim Ogle Planner Ill Department of Planning 1555 North 17th Avenue Greeley, Colorado 80631 Direct: 970.353.6100 x 3549 Office: 970.353.6100 x 3540 Facsimile: 970.304.6498 I 4,- 1 •, wEC•0-.2EPVNTY I I Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Donna Bechler Sent: Tuesday, November 15, 2011 3:17 PM To: Kim Ogle Subject: Recorded Exemptions Hi Kim, I've been working on cleaning up the RE files that were brought before the Board on 7/13/2011. I'm holding 2 files that you were planning to present, but then you asked us not to scan them in. One of them is RE4630 —Schellenberg, and the other is RE4975 — Litzenberger. What are you wanting us to do with these files? I know we have all the RE files in our back room, so if you have the plats, could you send them to me and I'll add them to the files. Schellenberg's file says you were waiting for the plat, but I don't have any notes on Litzenberger. Thanks, Donna Donna Bechler t May 5, 2011 • DEPARTMENT OF PLANNING SERVICES PLANNING DIVISION 1555 N. 17TH AVENUE GREELEY, CO 80631 970-353-6100 EXT 3540 FM 970-304-6498 kogleco.weld.co.us Certified Mail No.: 7010 1870 0000 4773 6478 Michael and Kathryn Litzenberger 14661 County Road 5 Longmont, Colorado 80501 Re: Conditions of Approval: Recorded Exemption No. RE -4975 Dear Michael and Kathryn Litzenberger: This is a follow up letter from a previous letter sent April 4, 2011 regarding outstanding conditions of approval and items to be completed prior to recording the plat for Recorded Exemption No. RE -4975. As of the date of this letter the Weld County Department of Planning Services has not received correspondence concerning your intentions specific to this land use application. Should you choose not to complete the Recorded Exemption process and provide the required Mylar Plat, the Department of Planning Services will need to be notified in writing of your decision to withdraw the application. If you chose to withdraw the application please sign and date the enclosed form and return to the Weld County Department of Planning Services, Attn: Kim Ogle, 1555 N 171h Avenue, Greeley, CO 80631. If you are unable to meet the Conditions of Approval and record the plat by June 13, 2011 a hearing with the Board of County Commissioners will take place at the Centennial Center, located at 915 10th Street, on the first floor at 9:00 am on June 13, 2011. It is strongly encouraged that you attend this hearing. At this hearing the Board of County Commissioners has the authority to grant additional time to meet all the conditions/requirements of approval and record the plat or formally vacate Recorded Exemption No. RE - 4975. If you have further question, please contact me at the above address or call (970) 353-6100 x 3540. Sincerely, Kim gle Planner III File: RE -4975 2011-1379 Michael and Kathryn Litzenberger 14661 County Road 5 Longmont, Colorado 80501 Date Department of Planning Services Attn: Kim Ogle 1555 N. 17th Ave Greeley, CO 80631 RE: Application (RE -4975) Dear Mr. Ogle, We, Michael and Kathryn Litzenberger, wish to withdraw our Recorded Exemption. Thanks. Name date Name date 0000 4773 00 ▪ Total Postage & Fees rR O rR O F'- U.S. Postal Service 1:1 OFRTIFIED MAIL RECEIPT jo mestic Mail Only; No Insurance Coverage Provi OFFICIAL USE Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Postmark Here Sent To Street, Apt No.; or PO Box No. 14400 I t City State, ZIPt4 L-04 rik04i"f- o N/ry �vce,t PS For 8800. August 2006 See Reverse for Instructions SENDER: COMP! ETC THIS SECT.'0N • Complete items 1, 2, and 3. Also complete Item 4 If Restricted Delivery is desired. • Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: MICA -wet- t Ve'fl4ewta LrfltlJ a-eGet- I4fi&t Ge. e La M&MCU T- Cd I CON": Etc r/{ts SEC I ION ON PEI It Eft,' A. Signatu X/ ❑Agent ✓lam Addressee B. Received bbyy'(`Printed Name) C. to of Delivery wt r t � 1? Yes D. I tl 1T 0 Yes If e e very a dress below: 'I�No MAY 13 2011 / Weld County rtannin Department prirELLY OFFIcE 3. Service Type le -Certified Mall O Express Mall Registered O Return Receipt for Merchandise O Insured Mall O C.O.D. 4. Restricted Delivery? (Extra Fee) ❑Yes 2. Article Number (Transfer from service label) PS Form 3811, February 2004 Domestic Return Receipt 7010 1870 0000 4773 6478 10259502-M-1540 April 6, 2011 DEPARTMENT OF PLANNING SERVICES PLANNING DIVISION 1555 N. 17TH AVENUE GREELEY, CO 80631 970-353-6100 EXT 3540 FAX 970-304-6498 kogle(aco.weld.co.us Certified Mail: 7010 1870 0000 4773 0131 Michael and Kathryn Litzenberger 14661 County Road 5 Longmont, Colorado 80501 Re: Conditions of Approval: Recorded Exemption No. RE -4975 Dear Michael and Kathryn Litzenberger: On November 18, 2009 your application for a two lot Recorded Exemption was administratively approved by the Weld County Department of Planning Services with specific Conditions of Approval. One of the required Conditions of Approval grants the applicants sixty (60) days to submit a Mylar Plat. In addition to the Mylar Plat all conditions outlined in the staff report needs to be completed. Should you choose not to complete the Recorded Exemption process and provide the required Mylar Plat, the Department of Planning Services will need to be notified in writing of your decision to withdraw the application. Planning Services Staff is aware of the difficulty and associated delays in meeting the Conditions of Approval normally associated with land use cases, and is willing to work with you in completing your request. Please notify the Department of Planning Services, in writing, within 10 working days of your decision to complete the Recorded Exemption within the next 60 days or withdraw. If you chose to withdraw the application please sign and date the enclosed form and return to the Weld County Department of Planning Services, Attn: Kim Ogle, 1555 N 17th Ave., Greeley, CO 80631. If you are unable to meet the Conditions of Approval and record the plat within 60 days of the date of this letter a hearing before the Weld County Board of County Commissioners is scheduled for Monday, June 13, 2011 at 9:00 am. The Board of County Commissioners meet at the Centennial Center, located at 915 10th Street, on the first floor. If you have further question, please contact me at the above address or call (970) 353-6100 x 3540. Sincerely, Kim Qgle Planner III File: RE -4975 Michael and Kathryn Litzenberger 14661 County Road 5 Longmont, Colorado 80501 Date Department of Planning Services Attn: Kim Ogle 1555 N. 17th Ave Greeley, CO 80631 RE: Application (RE -4975) Dear Mr. Ogle, We, Michael and Kathryn Litzenberger, wish to withdraw our Recorded Exemption. Thanks. Name date Name date 0000 4773 0131 D M1 rR D rR D N U.S. Postal Service ORTIFIED MAIL RECEIPT estic Mail Only; No Insurance Coverage Provid OFFICIAL USE Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage 8 Fees Postmark Here Sent To MIc.14r 4- leS1 Lt1ilcl4P Q g Street, Apt. No.; or PO Box No. L",`6t City, State, ZIP+4 1-4,1A kg N,ohrr Co PS Form 3800 Auyust 2005 See Reverse for lnstruct,o ■ Complete Hems 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: MIGNPFL,+K4,rive u 144O1 (.¢.5 ta* t`Ao1cc' Co t.trza etvrekg.- CONPI I IF 1 DEL IVERr A. Sig tire L 8. 1 ei C YEe Weld APR 1 2 2011 unty eiannmg Department El Agent Addressee C. Dat Dilliery from Hem l7 ❑ ress below: r[fNo Certified Mall El Express Mall Registered ❑ Return Receipt for Merchandise El Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Fxtra F ) El Yes 2. Art' -'e Number (. er from service label) PS Form 3811, February 2004 Domestic Return Receipt 7010 1870 0000 4773 0131 loases-02-M-1540 • • Kim Ogle From: Kim Ogle Sent: Friday, November 05, 2010 7:20 AM To: 'RASCALLS' Cc: Kim Ogle; Donald Carroll Subject: RE: Litzenberger re Attachments: image001.gif Good morning Mike Public Works indicates that the plats are acceptable to them, however, an access permit will be required prior to construction of new access Here is the link: http://www.co.weld.co.us/assets/A9b3310bAAaBdB9D1d95.pdf And instructions: http://www.co.weld.co.us/assets/2cA2BbBddB6b24CcD656.pdf 7.1 Access Permit Access Permit Instructions Planning requests the following amendments: Sheet 1 of 2 Add Kathryn Litzenberger to the property owners certificate Sheet 2 of 2 Please provide Book and Page for County Road 36, County Road 34.75 Please provide greater definition of County Road 36 west and north of Lot B and Lot A of this Recorded Exemption Does the gravel road not align itself with the physical property or the ditch? Please remove bearing lines and distances from bottom of sheet and top of sheet. This same information appears In other locations associated with the survey plat. The fence line as shown requires action by Litzenberger to resolve ownership prior to recording plat. Staff is referencing the eastern property line of Lot B and Highland Lake References to RE -1720 may be removed from the plat Mead Lateral Ditch Note... please provide narrative why the statement "The compatibility of this property to the adjacent properties is unknown at this time" is placed on the plat. What is it that you are stating? Thanks Mike, call with questions or concerns. Kim Kim Ogle ''S 1 From: rascallsa@gmail.com fmaiIto: rascallsaOamail.coml On Behalf Of RASCALLS Sent: Thursday, November 04, 2010 7:31 AM To: Kim Ogle Subject: Litzenberger re Kim, Thank you for your call. You can use this Email address to get the revisions to me. Thanks again A M HASCALL 1052 SIXTH STREET COURT BERTHOUD CO 80513 303 709 0047 I 0 MEMORAN, P(w}c'5 or -2 TO: Kim Ogle, Planning Service FROM: Donald Carroll, Engineer, SUBJECT: RE -4975, Michael & H wt c z e SS iartment F The Weld County Public Works Department has reviewed this pr �`„5 I ' D phase of the process may not be all-inclusive, as other concerns � � 3r \g application process. Issues of concern must be resolved with the ruuuc vvoii s-veparnncnwu! eurnmeritS and requirements are as follows: COMMENTS: Weld County Road Classification Plan (FHU): (June 2002) WCR 36 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. REQUIREMENTS: Road Access Policy: (Policy Established Sec. 8-2-10) /Direct access from a public road will be limited to one (1) p legal parcel, except as further limited or restricted by zoning or subdivision regulations. Additional ses may be approved by the Department of Public Works or the Board of County Commissioners. This policy shall apply to all new and existing accesses within the unincorporated areas of the County. Properties within municipalities or other counties which access County roads are subject to this policy. (Lot A) If a drainage culvert is required, a 15 -inch corrugated metal pipe is the County's minimum size requirement. If the applicant chooses to place a larger culvert, please contact the Public Works Department to adequately size your culvert. (Lot A) Justify in writing the need for a second access for a small parcel. (Lot A) (O4 r -S %yMww OV\Q. Ge-cAc vl'he applicant shall utilize the existing residential access to this parcel. (Lot B) Utilize the existing agricultural, oil and gas, and ditch roads that are necessary for your agricultural operation. (Lot B) ,/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 itnot. in a Special Flood Hazard Area (SFHA) as determined by the Federal Emergency Management Agency (FEMA). pc: RE -4975 M:\PLANNING — DEVELOPMENT REVIEW\RE-Recorded Exemption\RE-4975.docx COLORADO e �t Weld County Referral October 5, 2009 OCT 13 2009 The Weld County Department of Planpipg;Seryjces}has,resejVedttlblftiff ing item for review: Applicant Michael & Kathryn Litzenberger Please Reply By November 6, 2009 Project Two -Lot Recorded Exemption Case Number RE -4975 Planner Kim Ogle Legal Part of the SE4 of Section 5 and NE4NW4/N2NE4 of Section 8, all in T3N, R68W of the 6th P.M., Weld County, Colorado. Location East of CR 3 and north and south of CR 36. For a more precise location, see legal. Parcel Number 1207 05 000009 & 1207 08 000048 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 /O• /9.09 Date +Weld County Planning Dept. +918 10t Street Greeley, CO. 80631 +(970) 353-6100 ext.3540 +(970)304-6498 fax 4n r ment Review Access Permits & Develo a) r a) CO 3 C) co a) r Y N N a) C N E 1- a) a 01 1 a) U U ra YC_ C N O -o a) aT a) L a) a3 vl CC a 3 a) > cc C m d a) U, C C v N a] U K 3 a) a) v co U a) a N a) U, w U, C O Y a E a) X W a a) a 0 U ✓ I- O O O C) C) a) a co E a) a N C) U U C LC 3 -0 -o a, u a) i m t U 3 O w a0 C 3 O O 4- _C H C C) E Y a3 a a) 0 U, 1- O N CC O U a) W cc C O Y a E U) X W Single Access Shared Access New Access Existing Access Building Now Building Later Access Per Construction II Out Form a) a) U- O z New Access Access Permi Existing Access N N LL O z Weld County Public Works Dept. 1111 H Street P.O. Box 758 Greeley, CO 80632 Phone: (970)304-6496 Fax: (970)304-6497 Applicant Property Owner (If different than Applicant) Name Name Company Address City State _ Zip Address City State Zip Phone Business Phone Fax Fax E-mail E-mail ♦= Existing Access o= Proposed Access Parcel Location & Sketch The access is on WCR Nearest Intersection: WCR & WCR Distance from Intersection Parcel Number Section/Township/Range Is there an existing access to the property? YES NO Number of Existing Accesses Road Surface Type & Construction Information Asphalt — Gravel _ Treated _ Other Culvert Size & Type Materials used to construct Access Construction Start Date Finish Date Proposed Use Tracking Pad Re uired)/ $75 ❑ Single Residential/$75 ❑ Industrial/$150 o Temporary ( q o Small Commercial or Oil & Gas/$75 ❑ Large Commercial/$150 ❑ Subdivision/$150 o Field (Agriculture Only)/Exempt Is this access associated with a Planning Process? ❑ No ❑ USR o RE ❑ PUD o Other ACCESS PERMIT APPLICATION FORM T N WCR WCR 3 3 Required Attached Documents - Traffic Control Plan -Certificate of Insurance - Access Pictures (From the Left, Right, & into the access) By accepting this permit, the undersigned Applicant, under penalty of perjury, verifies that they have received all pages of the permit application; they have read and understand all of the permit requirements and provisions set forth on all pages; that they have the authority to sign for and bind the Applicant, if the Applicant is a corporation or other entity; and that by virtue of their signature the Applicant is bound by and agrees to comply with all said permit requirements and provisions, all Weld County ordinances, and state laws regarding facilities construction. Signature Approval or Denial will be issued in minimum of 5 days. Revised Date 6/29/10 Printed Name Date Approved by October 29, 2010 Kim Ogle- Planner Weld County Planning and Zoning 918 10th St. Greeley, Colorado 80631 RE: Litzenberger Two Lot exemption Case # RE -4975 Weld County Planning Department GREELEY OFFICE NOV 1i.3 7nin RECEIVED I have finished the review of the Litzenberger Subdivision. BSM 85/05-003, Fire Protection, section VI, Fire Hydrant Locations, Distribution and Specifications, are required. A single fire hydrant is sufficient for the development. The location of the hydrant is to be determined after the water line improvements along WCR 36 are finished. At this point no information on the size of the structures on the estate lots has been submitted. I recommend the developer consider running an addition water line into the development, separate from the domestic water line to accommodate NFPA 13D residential sprinkler systems. Policy BSM 85/05-003, section V, describes Fire -Flow Requirements for Buildings. One and two family dwellings less than 3600 square feet require a minimum fire flow and duration of 1000 gallons per minute. This is water available from the fire hydrant to fight fire. Fire flow and duration for residential dwellings in excess of 3,600 square feet shall not be less than specified in Table B105.1. (Policy attached). BSM Policy 86/01-006 describes Berthoud Fire Protection Districts requirements for Fire Depart access, specifically 503.2.3 Surface: provide an all weather surface for fire apparatus. Please feel free to contact me with any questions or concerns. Respectfully, P. Michael Bruner Fire Marshal Attachment: BSM 85-05-003 & 86/01-006 CC: File CC: Michael & Kathryn Litzenberger It Berthoud Fire Protection District Policy BSM 85/05 — 003 Fire Protection Supplement to the International Fire Code, 2006 Edition Section I Purpose 1.1 The purpose of this supplement is to provide fire protection exerts from the International Fire Code, 2006 Edition, adopted fire hydrant standards and applicable standards of the International Building Code as they apply to the definition of fire area, area separation. Section II Fire Protection 2.1 Definitions a) The fire area is the floor area, in square feet, used to determine the required fire flow. b) Fire flow is the flow rate of a water supply, measured at 20 psi (137.9KPa) residual pressure; that is available for firefighting. Section III Modifications 3.1 Decreases. Fire -flow requirements may be modified downward by the chief for isolated buildings or a group of buildings in rural areas or small communities where development of full fire -flow requirements is impractical. 3.2 Increases. Fire -flow requirements may be modified upward by the chief where conditions indicate an unusual susceptibility to group fires or conflagrations. An upward modification shall not be more than twice that is required for the building under construction. Section IV Fire Area 4.1 General. The fire area shall be the total floor area of all floor levels within the exterior walls, to include below ground floors and the a garage, and under the horizontal projections of the roof of the building, except as modified in Section 4.2. 4.2 Area Separation. Portions of buildings which are separated by one or more four — hour area separation walls constructed in accordance with the International Building Code 2006 Edition , without openings provided with a 30 — inch (762 mm) parapet, are allowed to be considered as fire separate fire areas. 4.3 Type I and Type II-F.R. Construction. The fire area of buildings constructed of Type I and Type II-F.R. construction shall be the area of the three largest successive floors. Section V Fire -Flow Requirements for Buildings 5.1 One and Two Family Dwellings. The minimum fire flow and flow duration requirements for one and two family dwellings having a fire area which does not exceed 3,600 square feet (344.5 m2) shall be 1,000 gallons per minute (3785.4 L/min). Fire flow and flow duration for dwellings having a fire area in excess of 3,600 square feet (344.5m2) shall not be less than that specified in Table B105.1 page # 394 Exception: A reduction in required fire flow of 50 %, as approved, is allowed when the building is provided with an approved automatic sprinkler system. 5.2 Buildings other than One and Two Family Dwellings. The minimum fire flow and flow duration for buildings other than one and two family dwellings shall be as specified in Table B105.1. Exception: A reduction in required fire flow of up to 75 %, as approved, is allowed when the building is provided with an approved automatic sprinkler system. The resulting fire flow shall not be not less than 1,500 gallons per minute (5677.5 L/min). Section VI Fire Hydrant Locations, Distribution and Specification as Modified 6.1 Fire hydrants installed within the District shall meet the following: a) Fire hydrants shall be A24015 Mueller improved, A423 AWWA Mueller Centurion or approved equal. b) Hydrants shall have a 5 '/ "or larger valve opening, two 2-1/2" hose nozzle, one pumper nozzle and a 6" or larger mechanical joint. c) Nozzles shall have National Standard threads and shall be of traffic hazard type with safety features which will prevent barrel breakage. d) Operating nut, studs and cups shall be 1" square or pentagon and open right. e) Single and two family dwellings shall have fire hydrants spaced so that no structure shall be more than 400' from the fire hydrant as measured via the street. Fire hydrants shall not be spaced more than 800' apart. f) Multi -family (higher density than one and two family dwellings) shall have fire hydrants spaced so that no structure shall be more than 400' from a fire hydrant as measured via the street. Fire hydrants shall not be spaced more than 800' apart. g) Commercial and industrial developments shall have fire hydrants spaced so that no structure shall be more than 250' from a fire hydrant as measured by via the street. Fire hydrants shall not be spaced more than 500' apart. h) When a multi -family dwelling, commercial or industrial building is protected by a automatic sprinkler system and the fire hydrant connection is in excess of 150' from the fire hydrant; there shall be required an on site fire hydrant and water distribution lines capable of supplying the needed fire flow as designed for the automatic fire sprinkler system. i) Fire hydrants shall be installed on a loop water distribution line, whenever possible. j) Fire hydrants shall be within 15' of the curb or designated roadway and with no obstruction within 3'. k) When fire protection, including fire apparatus access roads and water supplies for fire protection, is required to be installed, such protection shall be installed and made serviceable prior to and during the time of construction. Exception: When alternate methods of protection, as approved, are provided, the requirements of Appendix C page 395 of the International Fire Code, 2006 Edition may be modified or waived. Section VII Alternative Water Supply 7.1 Alternative rural water supplies may be considered under special circumstances. Revised: June 4, 2008 Revised: October 7, 2008 Revised By: Fire Marshal, P. Michael Bruner Approved By: Fire Chief, Stephen Charles BERTHOUD FIRE PROTECTION DISTRICT POLICY BSM 86/01-006 FIRE DEPARTMENT ACCESS SECTION I PURPOSE The purpose of this policy is to set standards within the Berthoud Fire Protection District regarding Fire Department Access. SECTION II REQUIRED ACCESS 503.11 Fire apparatus access roads shall be provided in accordance with Sections 503.1 thru 503.1.3 of the 2006 International Fire Code for every facility, building or portion of a building hereafter constructed or moved into or within the jurisdiction when any portion of the facility or any portion of an exterior wall of the first story of the building is located more than 150 feet of (45 720 mm) from fire apparatus access as measured by an approved route around the exterior of the building or facility. Exceptions: 1. When buildings are completely protected with an approved automatic fire sprinkler system, the provisions of Sections 903.3.1.1 and 903.3.1.2. 2. When access roads cannot be installed due to location on property, topography, waterways non-negotiable grades or other similar conditions, the chief is authorized to require additional fire protection as specified in Section 1001. 3. When there are not more than two Group R, Division 3, or Group U Occupancies, the requirements of Sections 903.1.1 and 903.3.1.2 may be modified by the chief. 503.1.2 Additional Access. More than one fire apparatus road shall be provided when it is determined by the chief that access by a single road may be impaired by vehicle congestion, condition of terrain, climactic conditions or other factors that could limit access. 503.1.3 High Piled Combustible Storage, see Chapter 23 IFC 2006 Edition 1903.6 & 1903.7 Lumber Yards & Woodworking Facilities Access Roads & Plans Chapter 27 Hazardous Materials, see Chapter 27 IFC 2006 Edition 1 4 SECTION III DIMENSIONS 503.2.1 Dimensions: Fire apparatus access roads shall have an unobstructed width of not less than 20 feet (6096mm) and an unobstructed vertical clearance of not less than 13 feet 6 inches. IFC 503.2.1 2006 Edition 503.2.2 Authority. The fire code official shall have the authority to require an increase in the minimum access widths where they are inadequate for fire or rescue operations. 503.2.3 Surface: Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus and shall be provided with a surface so as to provide all-weather driving capabilities. 503.2.4 Turning Radius: The turning radius of a fire apparatus access road shall be approved by the fire code official. Minimum turning radius of a fire apparatus access road must be 20' inside and 50' outside, excluding parking areas. 503.2.5 Dead Ends: Dead-end fire apparatus access roads in excess of 150 feet in length, unless a longer distance is approved by the chief, shall be provided with approved provisions for turning around of fire apparatus.A minimum of 100' diameter turnaround is required; parking areas shall not be included. 503.2.6 Bridges and Elevated Surfaces. When a bridge is required to be used as part of a fired apparatus access road, it shall be constructed and maintained in accordance with nationally recognized standards, Section 503.2.6, IFC 2006 Edition & AASHTO HB-17. The bridge shall be designed for a live load sufficient to carry the imposed loads of fire apparatus. Vehicle load limits shall be posted at both entrances to bridges when required by the fire code official. 503.2.7 Grade: The gradient for a fire apparatus access road shall not exceed the maximum approved by the chief. Section 503.2.7 I.F.C.2006 Edition The Berthoud Fire Protection District would prefer that on open streets the grade of incline would not exceed 4%. However, the fire department development access roadways shall not be of a grade of incline which exceeds the standards set forth by the appropriate political subdivision planning department street standards. 2 503.4 Obstruction and control of fire apparatus access. The required width of a fire apparatus access road shall not be obstructed in any manner, including parking of vehicles. Minimum required widths and clearances established under Section 503.2.1 shall be maintained at all times. Entrances to roads, trails or other access ways which have been closed with gates or barriers in accordance with Section 503.5.1 shall not be obstructed by parked vehicles. 503.5 Required gates or barricades. The fire code official is authorized to require the installation and maintenance of gates or other approved barricades across fire apparatus access roads, trails or other access ways, not including public streets, alleys or highways. 503.5.1 Secured gates and barricades. When required, gates and barricades shall be secured in an approved manner. Roads, trails and other access ways which have been closed or obstructed in the manner prescribed by Section 503.5.shall not be trespassed upon or used unless authorized by the owner and the fire code official. Exception: Public officers acting within their scope of duty. 503.6 Security gates. The installation of security gates across a fire apparatus access road shall be approved by the fire chief. Where security gates are installed, they shall have an approved means of emergency operation The security gates and the emergency operation shall be maintained operational at all times. Any fences which cross fire apparatus access roadways must open able for a clear width of 12'. Gates may be chained with a padlock, however they must not be locked in such a way as to be inaccessible by firefighting personnel using standard bold cutters for access. Any gates must be signed - "No Parking - Fire Lane" Roadways must be able to support imposed load of an aerial fire apparatus or an aerial apparatus on outriggers. Timing: All required fire apparatus access roadways must be installed and serviceable prior to above ground combustible construction begins. Multi Story Buildings: Buildings greater than two stories in height must have a thirty foot unobstructed fire apparatus access roadway on at least one side of the building for aerial operations. 1. Roadway must be able to support imposed load of an aerial fire apparatus or an aerial fire apparatus on outriggers. SECTION IV ADDITIONS Access requirements for additions to existing buildings must follow the same criteria as new buildings. When measuring access distances, the entire building, old plus new must be considered. Watch especially for reduction in access to existing buildings. SECTION V REMODELS 4.1 Remodels of existing buildings require no additional access requirements unless the certificate of occupancy is changed or the existing degree of hazard is increased requiring more firefighting resources. Revised 6/4/2008 Revised 10/07/2008 Revised By P. Michael Bruner. Fire Marshal Approved by S. Charles, Fire Chief 4 • WI�Yc catcri COLORADO July 19, 2010 Michael and Kathryn Litzenberger 14661 County Road 5 Longmont, Colorado 80501 DEPARTMENT OF PLANNING SERVICES 1555 North 17th Avenue Greeley, CO 80631 kogle@co.weld.co.us PHONE: (970) 353-6100, Ext. 3549 FAX: (970) 304-6498 Subject: Conditions of Approval, Recorded Exemption, RE -4975 Dear Michael and Kathryn Litzenberger: On November 18, 2009 your application for a Recorded Exemption, RE -4975 was administratively approved by the Weld County Department of Planning Services with specific Conditions of Approval. One of the required Conditions of Approval grants the applicants sixty (60) days to submit a Mylar Plat. In addition to the Mylar Plat all conditions outlined in the staff report needs to be completed. Should you choose not to complete the Recorded Exemption, RE -4975 process and provide the required Mylar Plat, the Department of Planning Services will need to be notified in writing of your decision to withdraw the application. Planning Services Staff is aware of the difficulty and associated delays in meeting the Conditions of Approval normally associated with land use cases, and is willing to work with you in completing your request. Please notify the Department of Planning Services, in writing, within 10 working days of your decision to complete the Recorded Exemption, RE -4975 within the next 30 days or withdraw. If you chose to withdraw the application please sign and date the enclosed form and return to the Weld County Department of Planning Services, Attention: Kim Ogle, 1555 North 171h Avenue, Greeley, CO 80631. If you are unable to meet the Conditions of Approval and record the plat within 30 days of the date of this letter your case will be scheduled for a hearing before the Weld County Board of County Commissioners If you have further question, please contact me at the above address or call (970) 353-6100 x 3549. Sincerely, Kim Ogle Planning Services File: RE -4975 July 19, 2010 Mr. Kim Ogle Department of Planning Services Administrative Offices 1555 North 17th Avenue Greeley, Colorado 80631 Subject: Recorded Exemption, RE -4975 Dear Mr. Ogle: We, Michael and Kathryn Litzenberger, desire to withdraw our Recorded Exemption, RE -4975 from consideration of the 2009 administrative approval. Thank you. Sincerely, Michael and Kathryn Litzenberger Date: DEPARTMENT OF PLANNING SERVICES RECORDED EXEMPTION ADMINISTRATIVE REVIEW COLORADO Applicant: Michael & Kathryn Litzenberger RE -4975 Planner: Ogle Legal Description: Part of the SE4, Section 5, and NE4NW4/N2NE4 Section 8, all in T3N, R68W of the 6th P.M., Weld County, CO. Parcel ID #: 1207-05-0-00-009 and 1207-08-0-00-048 Lot A Size: 10+/- acres Lot B Size: 104 +/- acres Water Source: Little Thompson Sewer System: Septic Criteria Checklist Yes No X 1. Conforms with Chapter 22 of the Weld County Code and any adopted municipal plan. X 2. Compatible with the existing surrounding land uses. X 3. Consistent with the intent of the zone district. X 4. Consistent with efficient and orderly development. X 5. Complies with Recorded Exemption standards in Section 24-8-40 of the Weld County Code. X 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. 2. Prior to recording the plat: A. The plat shall be titled: Recorded Exemption No. 1207-08-1 RE -4975 All septic systems located on the property shall have appropriate permits from the Weld County Department of Public Health & Environment. The Environmental Health Division of the Weld County Department of Public Health & Environment was unable to locate a septic permit for the septic system located at 1687 CR 34 3/4. Any existing septic system which is not currently permitted through the Weld County Department of Public Health & Environment will require an I.S.D.S. Evaluation prior to the issuance of the required septic permit. In the event the system is found to be inadequate, the system must be brought into compliance with current I.S.D.S. regulations. C. Lot A is limited to one access per legal parcel, no additional accesses shall be granted. The access road shall be graded and drained to provide all weather access. Accesses shall be placed in such a location as to have adequate sight distance in both directions, shall not be placed below the crest of a hill or where physical obstructions are present and shall be a minimum distance of 75 feet from any intersecting County or State roadway. D. The applicant shall submit written justification for the need for the proposed second access point and/or the need for additional access points to proposed Lot A. The submitted information shall be reviewed in accordance with Chapter 8, Article II and Chapter 24, Article II, Section 24-8-40 of the Weld County Code. E. Lot B shall use the existing residential / agricultural / oil and gas / ditch road access points necessary for agricultural operations as no additional accesses shall be granted. All approved accesses shall be clearly shown on the plat. The applicant shall contact the Weld County Department of Public Works to determine if a culvert is necessary at any approved road access point. If a drainage culvert is required, a 15 inch Corrugated Metal Pipe (CMP) is Weld County's minimum size. If the applicant chooses to place a larger culvert please contact the Weld County Department of Public Works to adequately size the culvert. G. County Road 36 is designated on the Weld County Road Classification Plan as a local gravel road, which requires 60 feet of right-of-way at full build out. The applicant shall verify the existing right-of-way and the documents creating the right-of-way. All setbacks shall be measured from the edge of future right-of-way. If the right-of-way cannot be verified, it shall be dedicated. This road is maintained by Weld County. H. The applicant shall address the requirements (concerns) of the Mountain View Fire Protection District, as stated in the referral response dated October 15, 2009. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. All vehicles located on the property must be operational with current license plates, or be screened from all adjacent properties and public rights of way, or be removed from the property. All other items considered to be part of a noncommercial junkyard must also be removed from the property or screened from adjacent properties and public rights -of -way. J. Lot A shall comply with the one (1) 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. K. The following notes shall be placed on the plat: 1) All proposed or existing structures will or do meet the minimum setback and offset requirements for the zone district in which the property is located. Pursuant to the definition of setback in the Weld County Code, the required setback is measured from the future right-of-way line. No building or structure as defined and limited to those occupancies listed as Groups A, B, E, F,H, I, M and R in Section 302.1 of the 2003 International Building Code, shall be constructed within a 200 -foot radius of any tank battery or within a 150 -foot radius of any wellhead. Any construction within a 200 -foot radius of any tank battery or 150 -foot radius of any wellhead shall require a variance from the terms of the Section 23-3-10 of the Weld County Code. 2) Any future structures or uses on site must obtain the appropriate zoning and building permits. 3) Lot A is not eligible for a future land exemption in accordance with Section 24-8- 20.C.1 of the Weld County Code. 4) Prior to the release of building permits, the applicant shall submit a recorded deed describing the Lot upon which the building permit is requested with the building permit applications. The legal description on such deed shall include the Lot designation and Recorded Exemption number. 5) Prior to the release of building permits, the applicant shall submit evidence to the Department of Planning Services that Lot A has an adequate water supply of sufficient quality, quantity and dependability. 6) Prior to the release of building permit, the applicant shall submit evidence of approval from the Mountain View Fire Protection District to the Weld County Building Department. 7) Should noxious weeds exist on the property or become established as a result of the proposed development the applicant/landowner shall be responsible for controlling the noxious weeds, pursuant to Chapter 15, Articles I and II of the Weld County Code. 8) Building permits shall be obtained prior to the construction of any building. Buildings that meet the definition of an Ag Exempt Building per the requirements of Section 29- 1-20 and Section 29-3-20.6.13 of the Weld County Code do not need building permits, however, a Certificate of Compliance must be filed with the Planning Department and an electrical and/or plumbing permit is required for any electrical service to the building or water for watering or washing of livestock or poultry. 9) Any disturbance of wetlands shall require the applicant to contact the Army Corps of Engineers for permits pursuant to Section 404 of the Clean Water Act. 10) Effective January 1, 2003, Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County Road Impact Program. (Ordinance 2002-11) 11) Effective August 1, 2005, Building permits issued on the subject site will be required to adhere to the fee structure of the Capital Expansion Impact Fee and the Stormwater/Drainage Impact Fee. (Ordinance 2005-8 Section 5-8-40) 12) Prior to the release of building permits on Lots A and B, the Lot owner shall verify with the nearest Town/City or Sanitation District to determine the location of the nearest sanitary sewer line. In accordance with the Weld County Code, if a sewer line exists within four hundred (400) feet of the property line and the sewer provider is willing to serve the proposed structure, a septic permit cannot be granted by the Weld County Department of Public Health and Environment. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. 13) WELD COUNTY'S RIGHT TO FARM: Weld County is one of the most productive agricultural counties in the United States, typically ranking in the top ten counties in the country in total market value of agricultural products sold. The rural areas of Weld County may be open and spacious, but they are intensively used for agriculture. Persons moving into a rural area must recognize and accept there are drawbacks, including conflicts with long-standing agricultural practices and a lower level of services than in town. Along with the drawbacks come the incentives which attract urban dwellers to relocate to rural areas: open views, spaciousness, wildlife, lack of city noise and congestion, and the rural atmosphere and way of life. Without neighboring farms, those features which attract urban dwellers to rural Weld County would quickly be gone forever. Agricultural users of the land should not be expected to change their long-established agricultural practices to accommodate the intrusions of urban users into a rural area. Well -run agricultural activities will generate off -site impacts, including noise from tractors and equipment; slow -moving farm vehicles on rural roads; dust from animal pens, field work, harvest and gravel roads; odor from animal confinement, silage and manure; smoke from ditch burning; flies and mosquitoes; hunting and trapping activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and fertilizers in the fields, including the use of aerial spraying. It is common practice for agricultural producers to utilize an accumulation of agricultural machinery and supplies to assist in their agricultural operations. A concentration of miscellaneous agricultural materials often produces a visual disparity between rural and urban areas of the County. Section 35-3.5-102, C.R.S., provides that an agricultural operation shall not be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs methods or practices that are commonly or reasonably associated with agricultural production. Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to assume that ditches and reservoirs may simply be moved "out of the way" of residential development. When moving to the County, property owners and residents must realize they cannot take water from irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water. Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice the size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of state and County roads outside of municipalities. The sheer magnitude of the area to be served stretches available resources. Law enforcement is based on responses to complaints more than on patrols of the County, and the distances which must be traveled may delay all emergency responses, including law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must leave their jobs and families to respond to emergencies. County gravel roads, no matter how often they are bladed, will not provide the same kind of surface expected from a paved road. Snow removal priorities mean that roads from subdivisions to arterials may not be cleared for several days after a major snowstorm. Services in rural areas, in many cases, will not be equivalent to municipal services. Rural dwellers must, by necessity, be more self-sufficient than urban dwellers. People are exposed to different hazards in the County than in an urban or suburban setting. Farm equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center pivot operations, high speed traffic, sand burs, puncture vines, territorial farm dogs and livestock, and open burning present real threats. Controlling children's activities is important, not only for their safety, but also for the protection of the farmer's livelihood. The applicant shall submit two (2) paper copies of the plat for preliminary approval to the Weld County Department of Planning Services. Upon approval of the paper copies the applicant shall submit a Mylar plat along with all other documentation required as conditions of approval. The Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder by Department of Planning Services' Staff. The plat shall be prepared in accordance with the requirements of Section 24-8-60 of the Weld County Code. The Mylar plat and additional requirements shall be submitted within sixty (60) days from the date the Administrative Review was signed. The applicant shall be responsible for paying the recording fee. 4. In accordance with Weld County Code Ordinance 2005-7 approved June 1, 2005, should the plat not be recorded within the required sixty (60) days from the date the Administrative Review was signed a $50.00 recording continuance charge may be added for each additional 3 month period. 5. The Department of Planning Services respectfully requests the surveyor provide a digital copy of this Recorded Exemption. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles, Arclnfo Coverages and Arclnfo Export files format type is .e00. The preferred format for Images is .tif (Group 4). (Group 6 is not acceptable). This digital file may be sent to maps(?a.co.weld.co.us. 6. The Weld County Department of Planning 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 gle ❑ Planner Todd Hodges Todd Hodges Design, LLC 1269 North Cleveland Avenue Loveland, CO 80537 Michael & Kathryn Litzenberger 14661 County Road 5 Longmont, CO 80501 Date November 18, 2009 • • CiD WELD COUNTY, COLORADO EPARTMENT OF PLANNING SERVICES 918 ion' STREET GREELEY, CO 80631 PHONE: 970-3534100, EXT. 3540 / FAX: 970-304-6498 Date: f 7 -e c rz I 20 - 4 Receipt No. Received From: It C -/se -c. 1 L.* 116,. Permit Type No. Description Fee 4221-RE/SE / f Gm- l2 ,; -- 4221-ZPMH 4221-USR 4221 -SITE PLAN REVIEW 4221 -CHANGE OF ZONE 4221-PUD 4221-MINOR/MAJOR SUB # OF BUILDABLE LOTS 4221 -ADDITIONAL 30% FEE FOR SUB's 4221 -RE -SUBDIVISIONS 4221 -BOA 4221-FHDP/GHDP 4430 -MAPS / POSTAGE 4430 -COPIES 4730 -INVESTIGATION FEE 6560 -RECORDING FEE MISC. ❑ CASH Q CHECK NO. -"k-t Receipted By: , TOTAL FEE DL# Exp. Ott wilge. COLORADO October 5, 2009 Michael & Kathryn Litzenberger do Todd Hodges 1269 N Cleveland Ave Loveland CO 80537 DEPARTMENT OF PLANNING SERVICES 918 10TH Street GREELEY, CO 80631 PHONE: (970) 353-6100, Ext. 3540 FAX: (970) 304-6498 Subject: RE -4975 - A Recorded Exemption located on a parcel of land described as Part of the SE4 of Section 5 and NE4NW4/N2NE4 of Section 8, all in T3N, R68W of the 6th P.M., Weld County, Colorado. Dear Applicants: Your recorded exemption application is being processed. If it is determined that the application meets the approval criteria of Chapter 24 of the Weld County Code, you will be notified that the recorded exemption is approved. If the staff determines that the application does not meet the approval criteria or if staff has concerns with the application, staff may elect to forward the application for review to the Board of County Commissioners. You will be notified and asked to appear before the Board of County Commissioners at a public hearing. You will be informed of the hearing date prior to the hearing. The Board of County Commissioners will then consider your application and make a final decision on the recorded exemption. It is the policy of Weld County to refer an application of this nature to any town or municipality lying within three miles of the property in question or if the property under consideration is located within the comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy of the submitted materials to the Berthoud and Mead Planning Commission for their review and comments. It is recommended that you and/or a representative be in attendance at the Berthoud and Mead Planning Commission meeting to answer any questions the Commission members may have with respect to your application. Please call Berthoud at 970-532-2643 and Mead at 970-535-4477, for further details regarding the date, time, and place of this meeting. If you have any questions concerning this matter, please call me. Sincerely, Kim Ogle Planner • • WI`Dc APPLICATION FLOW SHEET APPLICANT: Michael & Kathryn Litzenberger CASE #: RE -4975 REQUEST: Two -Lot Recorded Exemption LEGAL: Part of the SE4 of Section 5 and NE4NW4/N2NE4 of Section 8, all in T3N, R68W of the 6th P.M., Weld County Colorado. LOCATION: East of CR 3; north and south of CR 36. PARCEL ID #: 1207 05 000009 & 1207 08 000048 ACRES: 103.38 +/- Acres Date Application Received Application Completed 10/01/09 KO Referrals listed 10/06/09 KR Vicinity map prepared 10/06/09 KR File assembled I )I 0161 ((,. Case logged in computer Letter to applicant mailed 7- Referrals mailed / Field check by DPS staff t�G��P`,� Administrative Review decision: CS -AMA MA 6►' g-4 By Board of County Commissioners hearing (if applicable) County Commissioners Hearing Date Date B y Surrounding property owners notified Presentation prepared CC action: CC resolution received Date Plat recorded and filed B y Overlay Districts Zoning Agricultural MUD Yes No_x_ IGA Yes_ No_x_ Airport Yes No_x_ Geologic Yes_ Nox_ Flood Hazard Yes_ No_x_ Todd Hodges Design, LLC 2 -Lot Recorded Exemption Application Prepared for: Michael $ Kathryn Litzenberger 14661 CR 5 Longmont, Colorado 80501 Prepared by: Todd Hodges Design, LLC 1269 North Cleveland Avenue Loveland, Colorado 80537 Submitted: October 1, 2009 1269 North Cleveland Avenue • Loveland, Colorado 80537 • (970) 613-8556 • fax: (970)613-8775 email: toddlmdgesdesign(a,ywesto/jiee.net Table of contents 1. Application Form 2. Questionnaire 3. road access sheet 4. deed 5. water district letter 6. treasures tax statement 7. original certificate of conveyances 8. reduced map, aerial, full size map RECORDED EXEMPTION (RE) APPLICATION FOR PLANNING DEPARTMENT USE RECEIPT/AMOUNT # /$ APPLICATION RECEIVED BY DATE RECEIVED. CASE # ASSIGNED. PLANNER ASSIGNED. Parcel Number 1 2 0 7 _ 0 5 - 0 - 0 0 _ 0 0 9oiAl )201 0g 60004g, (12 digit number - found on Tax I.D. information, obtainable at the Weld County Assessor's Office, or www.co.weld.co.us) Legal Description Pt. SE 1/4 Section 5,T3N, R68W and , Section 8 , Township 3 North, Range68 West Has the property been divided from or had divided from it any other property since August 30, 1972? Yes x No Is this parcel of land, under consideration, the total contiguous land owned by the applicant? FEE OWNER(S) OF THE PROPERTY: Name: Michael M & Kathryn M Litzenberger Work Phone # 303-589-8893 Home Phone # Address: 14661 CR5 City/State/Zip Code Longmont, Colorado 80501 Yesx No Email Address fourlitzs@aol.com APPLICANT OR AUTHORIZED AGENT (See Below: Authorization must accompany all applications signed by Authorized Agent) Name: Todd Hodges Design, LLC do: Todd Hodges Work Phone # 970-613-8556 Home Phone # Address- 1269 N. Cleveland Avenue City/State/Zip Code Loveland, Colorado 80537 Email Address toddhodges@gwestoffice.net Lot A Smaller Parcel Lot B Lot C Lot D Water Source Little Thompson Little Thompson Type of Sewer septic septic Proposed Use agricultural/residential agricultural/residential Acreage 10, plus or minus 104, plus or minus Existing Dwellings? If Yes, list address below: no If Yes, list address below: 1687 CR 34 3/4 If Yes, list address below: If Yes, list address below: r., vacant or unimproved write proposes water source and proposed sewer system Tor each parcel in me blanks above. or example, if a well and septic is proposed state: proposed well, proposed septic. I (We) request that the following described property be designated a Recorded Exemption by the Weld County Board ofCountyCommissioners. I (We) hereby depose and state under penalties of perjury that all statements, proposals, and/or plans submitted with or contained within the application are true and correct to the best of my (our)knowledge. Signatures of all fee owners of property must sign this application. If an Authorized Agent signs, a letter of authorization from all fee owners must be included with the application. If a corporation is the fee owner, notarized evidence must be included showing the signatory has the legal authority to sign for the corporation. /,ze.tti //r � 7-9 777 Sig ature: Owner or/ALA zed Agent Date 9.. n7 'gnat re: Owner . • ur rized Agent Date (4( Litzenberger Two Lot Recorded Exemption Questionnaire The purpose of this proposal is to split a parcel into two legal, buildable parcels located in the SE '/4 Section 5, Township 3 North, Range 68 and in the N '/z Section 8, Township 3 North, Range 68 West of the 6th P.M., Weld County, Colorado. This proposal is consistent with the surrounding uses, which include agricultural and residential uses. This proposal is consistent with application standards found in the most current Procedural Guide and the Weld County Code. I. Domestic and Irrigation Water Supply statements: A. Water is currently provided to the existing improvement on Lot B by Little Thompson Water District. Water is available to serve Lot A. Enclosed is a copy of a "will -serve" letter from Little Thompson Water District. B. Irrigation Water will be retained appropriately. IL Sewage Disposal statement: The existing residence on Lot B is served by an existing septic system. Any future septic construction shall be permitted through the Weld County Department of Environmental Health and Environment. III. Current Property Use: The property is currently in agricultural production on a large portion of the site. An existing residence and improvements are located on Lot B. The applicant intends to grant conservation easements on Lot B in early October, 2009 in a bargain sale transaction. The conservation easements will provide for a building envelope around the existing improvements and a future building envelope on the western end of the property. IV. Description of lots: Lot A is proposed to be 10 acres, plus or minus and will continue to have the uses associated in the Agricultural zone district. Lot B is proposed to be 104 acres, plus or minus and will continue to have uses allowed in the agricultural district. V. Unique Site Characteristics: This site is bordered on the north by CR 6 and on the south by CR 34 3/4. The site is west and adjacent to Highland Lake. The Highland Lake lateral and the Supply Ditch cross the property on Lot B. See enclosed map for details. VI. Building Envelope Designation: The designation of building envelopes is not applicable to this application. The proposed conservation easements for Lot B delineate building sites on Lot B. VII. Current Land Use Permits Associated with the Property: To the applicant's knowledge there are no existing current land use permits for this property. Weld County Treasure• Statement of Taxes Due Account Number W6667586 Parcel 120705000009 J I Legal Description 30AF NE4NW4/N2NE4 8 3 68 EXC 22A HIGHLAND LAKE ALSO EXC BEG NW COR NE4NW4 N89D59'E 132' SLY1330' M/L S89D56'W 101' N0D05'W 1329.32' TO BEG SE4SE4 5 3 68 LYING SE OF MEAD LATERAL DITCH EXC SUCH TRACTS AS HAVE BEEN HERETOFOR CONVEYED TO HIGHLAND LAKE RESERVOIR CO EXC TRACT CONVEYED BY DEED REC IN BK ... Additional Legal on File Situs Address Account: W6667586 LITZENBERGER KATHRYN M Year Charges 2008 REBILLING FEE 2008 Interest 2008 Special Assessment Billed $5.00 $10.56 $264.00 Payments $5.00 $10.56 $264.00 Balance $0.00 $0.00 $0.00 Grand Total Due as of 10/01/2009 $0.00 Tax Billed at 2008 Rates for Tax Area 7110 - 7110 Authority NORTHERN COLORADO WATER Taxes Billed 2008 Mill Levy Amount Values 1000.000000 $264.00 6003 1000.000000 $264.00 Total Actual Assessed $0 $0 $0 $0 ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE LIENHOLDER OR TO ADVERTISING AND DISTRAINT WARRANT FEES. CHANGES MAY OCCUR AND THE TREASURERS OFFICE WILL NEED TO BE CONTACTED PRIOR TO REMITTANCE AFTER THE FOLLOWING DATES: PERSONAL PROPERTY AND MOBILE HOMES - AUGUST 1, REAL PROPERTY - AUGUST 1. Weld County Treasurer P.O. Box 458, Greeley CO 80632 ldnn N 17th Ave Qree!^v rn RnR31 WELD COUNTY TREASURER Pursuant to the Weld County Subdivision Ordinance, the attached Statement(s) of Taxes Due, issued by the Weld County Treasurer, are evidence that, as of this date, all property taxes, special assessments and prior taxes liens currently due and payable connected with the parcel(s) identified therein have been paid in full. e/ Date AD 42;7 • Weld County Treasurer Statement of Taxes Due Account Number R4718586 Parcel 120708000048 Legal Description Situs Address 25485 NE4NW4/N2NE4 8 3 68 EXC 22A HIGHLAND LAKE ALSO EXC BEG NW COR NE4NW4 N89D59'E 132' SLY 1330'M/L S89D56'W 101' N0D05'W 1329.32' TO BEG ALSO EXC PT DEEDED TO HIGHLNAD LAKE CEMETERY ASSN 10/29/1888 BK 80 PG 219 (4R 4D) 1687 36 CR WELD 00000 1687 36 CR WELD 00000 Account: R4718586 LITZENBERGER MICHAEL A & 14661 CR 5 LONGMONT, CO 80501 Year 2008 2008 2008 Charges REBILLING FEE Interest Tax Billed $5.00 $62.51 $1,562.81 Payments $5.00 $62.51 $1,562.81 Balance $0.00 $0.00 $0.00 Grand Total Due as of 10/01/2009 $0.00 Tax Billed at 2008 Rates for Tax Area 2309 - 2309 Authority Mill Levy 16.804000' 46.285000 1.000000 WELD COUNTY SCHOOL DIST RE1J NORTHERN COLORADO WATER (NC ST VRAIN LEFT HAND WATER (S MOUNTAIN VIEW FIRE HIGH PLAINS LIBRARY Taxes Billed 2008 ' Credit Levy 0.194000 11.747000 3.260000 Amount $331.21 $912.28 $19.71 $3.82 $231.53 $64.26 79.290000 $1,562.81 Values AG -FLOOD IRRRIGATED LAND AG -DRY FARM LAND AG -GRAZING LAND FARM/RANCH RESIDENCE -IMPS OTHER BLDGS.- AGRICULTURAL Actual Assessed $29,010 $8,410 $773 $220 $57 $20 $135,430 $10,780 $964 $280 Total $166,234 $19,710 ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE LIENHOLDER OR TO ADVERTISING AND DISTRAINT WARRANT FEES. CHANGES MAY OCCUR AND THE TREASURER'S OFFICE WILL NEED TO BE CONTACTED PRIOR TO REMITTANCE AFTER THE FOLLOWING DATES: PERSONAL PROPERTY AND MOBILE HOMES -AUGUST 1, REAL PROPERTY - AUGUST 1. WELD COUNTY TREASURER Pursuant to the Weld County Subdivision Ordinance, the attached Statement(s) of Taxes Due, issued by the Weld County Treasurer, are evidence that, as of this date, all property taxes, special assessments and prior taxes liens currently due and payable connected with the parcel(s) identified therein have been paid in full. Sign Date ' ter, �/ Date //o e' /o; Account Number R47I4586 • Weld County Treasurer! Statement of Taxes Due Parcel 120705000009 Legal Description 25470 PT SE4 5 3 68 LYING S OF MEAD LATERAL DITCH & E OF FLUME LATERAL DITCH EXC PT DEEDED TO HIGHLAND LAKE RESERVOIR CO 8/29/05 BK 212 PG 218 (3D) Situs Address Account: R4714586 LITZENBERGER MICHAEL A & 14661 CR 5 LONGMONT, CO 80501 Year 2008 2008 2008 Charges REBILLING FEE Interest Tax Billed $5.00 $7.36 $183.95 Payments $5.00 $7.36 $183.95 Balance $0.00 $0.00 $0.00 Grand Total Due as of 10/01/2009 $0.00 Tax Billed at 2008 Rates for Tax Area 2309 - 2309 Authority Mill Levy WELD COUNTY 16.804000* 46.285000 1.000000 SCHOOL DIST REIJ NORTHERN COLORADO WATER (NC ST VRAIN LEFT HAND WATER (S MOUNTAIN VIEW FIRE HIGH PLAINS LIBRARY Taxes Billed 2008 * Credit Levy 0.194000 11.747000 3.260000 Amount Values Actual Assessed $38.98 AG -FLOOD $107.38 IRRRIGATED LAND $2.32 Total $7,998 $2,320 $7,998 $2,320 $0.45 $27.25 $7.57 79.290000 $183.95 ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE LIENHOLDER OR TO ADVERTISING AND DISTRAINT WARRANT FEES. CHANGES MAY OCCUR AND THE TREASURER'S OFFICE WILL NEED TO BE CONTACTED PRIOR TO REMITTANCE AFTER THE FOLLOWING DATES: PERSONAL PROPERTY AND MOBILE HOMES -AUGUST 1, REAL PROPERTY - AUGUST 1. WELD COUNTY TREASURER Pursuant to the Weld County Subdivision Ordinance, the attached Statement(s) of Taxes Due, issued by the Weld County Treasurer, are evidence that, as of this date, all property taxes, special assessments and prior taxes liens currently due and payable connected with the parcel(s) identified therein have been paid in full. Signed Q _ �� Date /9/cam,% Name: Michael & Kathryn LiSberger County _Attorney x Health Department _Extension Office _Emergency Mgt Office - Ed Herring Sheriffs Office x Public Works _Housing Authority _Airport Authority _Building Inspection x Code Compliance Beth _ Kim Ogle (Landscape Plans) _Lin (Addressing Change of Zone) Ambulance Services State _Div. of Water Resources Geological Survey _Department of Health _Department of Transportation _Historical Society _Water Conservation Board Oil & Gas Conservation Commission Division of Wildlife _South Hwy 66 (Loveland) x North Hwy 66 (Greeley) _Division of Minerals/Geology Soil Conservation Districts _Big Thompson/ FTC _x_Boulder Valley/Longmont _Brighton/SE Weld Centennial _Greeley/West Greeley _Platte Valley West Adams _Little Thompson Federal Government Agencies _US Army Corps of Engrs _USDA -APHIS Vet Service Federal Aviation Admin (Structures over 200 ft or w/in 20000 ft of Pub Airport Federal Communications Comm REFERRAL LIST Towns & Cities Ault x Berthoud _Brighton _Dacono Eaton Erie Evans Firestone _Fort Lupton Frederick _Garden City Gilcrest _Greeley Grover Hudson Johnstown _Keenesburg _Kersey LaSalle Lochbuie _Longmont x Mead Milliken _New Raymer _Northglenn Nunn Pierce Platteville Severance Thornton Windsor Counties Adams x Boulder Broomfield Larimer CaseSE-4975 Fire Districts Ault F-1 x 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 x Mountain View F-10 Milliken F-11 Nunn F-12 Pawnee F-22 Platteville F-13 _Platte Valley F-14 _Poudre Valley F-15 _Raymer F-2 _Southeast Weld F-16 _Union Colony F-20 Wiggins F-18 Windsor/Severance F-17 Other x School District RE -1J x Little Thompson Water x Highland Lake Lateral x Supply Ditch Company _Art Elmquist (MUD Area) Commissioner • • Name: Litnh WOW County _Attorney X Health Department _Extension Office _Emergency Mgt Office - Ed Herring Sheriffs Office Public Works _Housing Authority _Airport Authority �[ Building Inspection Code Compliance _N. -Ann 4S -Beth _ Kim Ogle (Landscape Plans) _Lin (Addressing Change of Zone) Ambulance Services State Div. of Water Resources Geological Survey _Department of Health _Department of Transportation Historical Society Water Conservation Board Oil & Gas Conservation Commission Division of Wildlife South Hwy 66 (Loveland) )c North Hwy 66 (Greeley)(AtIj9- Division of Minerals/Geology Soil Conservation Districts _Big Thompson/ FTC )(, Boulder Valley/Longmont _Brighton/SE Weld Centennial Greeley/W est Greeley Platte Valley West Adams Little Thompson Federal Government Agencies _US Army Corps of Engrs USDA -APHIS Vet Service Federal Aviation Admin (Structures over 200 ft or Min 20000 ft of Pub Airport Federal Communications Comm REFERRAL LIST Towns & Cities Ault X. Berthoud Brighton Dacono Eaton Eoe 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 X Boulder Broomfield Larimer Other )( School District RE- )T _Central Colo. Water Conservancy Dist F01 410441 (14J22 let ttAa2> _Ditch Company, SULOAr _Art Elmquist (MUD Area) Zc L{NICihGVvpCtr UYk+ey Case #: gE" 44116 Fire Districts Ault F-1 )(Berthoud F-2 _Briggsdale F-24 _Brighton F-3 Eaton F-4 _Fort Lupton F-5 Galeton F-6 Hudson F-7 _Johnstown F-8 LaSalle F-9 %( Mountain View F-10 Milliken F-11 Nunn F-12 Pawnee F-22 Platteville F-1 3 _Platte Valley F-14 _Poudre Valley F-15 _Raymer F-2 Southeast Weld F-16 Union Colony F-20 Wiggins F-18 Windsor/Severance F-17 Legal P--1- scri 5-3,(4 -'N£QNIUWnV.v/ y Parcel ID # 05-otray3* /alig0roTa Zone Acres? (LLj-5581 USDA fttyht,.,c*T Airport AID Geo Haz t11D FP? ab Panel # IGA? MD ORD # MUD? Nu Commissioner • 0 Kristine Ranslem From: Kristine Ranslem Sent: Monday, October 12, 2009 9:57 AM To: Bethany Salzman; 'sandra.billings@state.co.us'; 'Lowery, Eric'; 'Ipenfold@mvfpd.org'; 'nmcintyre@co.boulder.co.us'; 'tkaters@msn.com'; 'dandeanmeadtown@aol.com'; 'pfogg@co.boulder.co.us'; 'ruskjudy@stvrain.k12.co.ust; 'mtcook@Itwd.org'; 'dan.grant@guarantybankco.com'; 'scharles@berthoudfire.org' Subject: RE -4975 Referral Attachments: Referral Sheet.doc; Application.pdf; Map_template.jpg We have just received a case (RE -4975) in which we ask that you review the attached material and send a referral to us by November 6, 2009. Attached is the application, map, and referral sheet. You may send your comments to the Planner assigned to this case, which is Kim Ogle (kogle(c�co.weld.co.us) If you have any problems or have any questions, please don't hesitate to contact me at the number below. Thank you! kxiStLwe Ra v sle 4& Planning Technician Weld County Planning Services 918 10 Street, Greeley CO 80631 970-353-6100 ext. 3519 829, H ' ' flotkreg lUBe COLORADO Weld County Referral October 19, 2009 The Weld County Department of Planning Services has received the following item for review: Applicant Please Reply By Project Legal Location Parcel Number Michael & Kathryn Case Number RE -4975 Litzenberger November 6, 2009 Two -Lot Recorded Exemption Planner Kim Ogle Part of the SE4 of Section 5 and NE4NW4/N2NE4 of Section 8, all in T3N, R68W of the 6th P.M., Weld County, Colorado. East of CR 3 and north and south of CR 36. For a more precise location, see legal. 1207 05 000009 & 1207 08 000048 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 XX We have reviewed the request and find no conflicts with our interests. ❑ See attached letter. ❑ Please notify me of any public hearings regarding this request. Comments: Upon review of my case files and computer, no violations were noted. Signature Agency folit% 10/19/09 ning Complia ce Of II Date +Weld County Planning Dept. +918 10`" Street Greeley, CO. 80631 +(970) 353-6100 ext.3540 +(970)304-6498 fax Oct 27 09 11:54a Townlif Berthoud 970 534640 p.2 ieft ifillic COLORADO Weld County Referral October 27, 2009 The Weld County Department of Planning Services has received the following item for review: Applicant Michael & Kathryn Case Number RE -4975 Litzenberger Please Reply By November 6, 2009 Planner Kim Ogle Project Two -Lot Recorded Exemption Legal Part of the SE4 of Section 5 and NE4NW4/N2NE4 of Section 8, all in T3N, R68W of the 6th P.M., Weld County, Colorado. Location East of CR 3 and north and south of CR 36. For a more precise location, see legal. Parcel Number 1207 05 000009 & 1207 08 000048 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 arty further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. 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. o See attached letter. ❑ Please notify me of any public hearings regarding this request. Comments: No conflict. Signature v‘iit itf C P Agency Town of Berthoud Date: 10/27/09 OWeld County Planning Dept :918 10th Street Greeley, CO. 80631 :(970) 353-6100 ext.3540 0(970)304-6498 fax Berthoud Fire Protection District October 13, 2009 Kim Ogle- Planner Weld County Planning and Zoning 918 30th St. Greeley, Colorado 80631 RE: Litzenberger Exemption RE -4975 Dear Kim: I have reviewed the Two -Lot recorded Exemption. Lot A is within the boundaries of the Berthoud Fire Protection District. At this time we do not have any concerns or comments with the process. Sincerely, P. Michael Bruner Fire Marshal COLORADO Weld County Planning Department GREELEY OFFICE RECEIVED Weld County Referral nfl 117019 ,F4 October 13, 2009 The Weld County Department of Planning Services has received the following item for review: Applicant Michael & Kathryn Case Number RE -4975 Litzenberger Please Reply By November 6, 2009 Planner Kim Ogle Project Two -Lot Recorded Exemption Legal Part of the SE4 of Section 5 and NE4NW4/N2NE4 of Section 8, all in T3N, R68W of the 6th P.M., Weld County, Colorado. Location East of CR 3 and north and south of CR 36. For a more precise location, see legal. Parcel Number 1207 05 000009 & 1207 08 000048 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 ,r 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 / Date nWeld County Planning Dept. ❑918 10th Street Greeley, CO. 80631 11(970) 353-6100 ext.3540 [1(970)304-6498 fax Wilk COLORADO Weld County Referral OCT 13 2009 October 5, 2009 The Weld County Department of Planning Services hasrerreived the WI- ing item for review: Applicant Michael & Kathryn Litzenberger Please Reply By November 6, 2009 Project Two -Lot Recorded Exemption Case Number RE -4975 Planner Kim Ogle Legal Part of the SE4 of Section 5 and NE4NW4/N2NE4 of Section 8, all in T3N, R68W of the 6th P.M., Weld County, Colorado. Location East of CR 3 and north and south of CR 36. For a more precise location, see legal. Parcel Number 1207 05 000009 & 1207 08 000048 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. Api See attached letter. ❑ Please notify me of any public hearings regarding this request. Comments: Signature Agency /O• /9.071 Date 4Weld County Planning Dept. 4918 10th Street Greeley, CO. 80631 4(970) 353-6100 ext.3540 4(970)304-6498 fax • • Weld County Planning Department GREELEY OFFICE Mae MEMORANDUM WUk. COLORADO 2C 2 3 2nnn REC VED TO: Kim Ogle, Planning Services DATE: October 22, 2009 FROM: Donald Carroll, Engineering Administrator SUBJECT: RE -4975, Michael & Kathryn Litzenberger The Weld County Public Works Department has reviewed this proposal. Staff comments made during this phase of the process may not be all-inclusive, as other concerns or issues may arise during the remaining application process. Issues of concern must be resolved with the Public Works Department. Our comments and requirements are as follows: COMMENTS: Weld County Road Classification Plan (FHU): (June 2002) WCR 36 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. REQUIREMENTS: Road Access Policy: (Policy Established Sec. 8-2-10) Direct access from a public road will be limited to one (1) per legal parcel, except as further limited or restricted by zoning or subdivision regulations. Additional accesses may be approved by the Department of Public Works or the Board of County Commissioners. This policy shall apply to all new and existing accesses within the unincorporated areas of the County. Properties within municipalities or other counties which access County roads are subject to this policy. (Lot A) If a drainage culvert is required, a 15 -inch corrugated metal pipe is the County's minimum size requirement. If the applicant chooses to place a larger culvert, please contact the Public Works Department to adequately size your culvert. (Lot A) Justify in writing the need for a second access for a small parcel. (Lot A) The applicant shall utilize the existing residential access to this parcel. (Lot B) Utilize the existing agricultural, oil and gas, and ditch roads that are necessary for your agricultural operation. (Lot B) 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 -4975 M:\PLANNING — DEVELOPMENT REVIEW\RE-Recorded Exemption\RE-4975.docx a4fri,1 111k. COLORADO DO Memorandum TO: Kim Ogle, W.C. Planning DATE: November 3, 2009 FROM: Lauren Light, W.C. Department of Public Health and Environment CASE NO.: RE -4975 NAME: Litzenberger Environmental Health Services has reviewed this proposal to exempt 10 acres from a 114 acre site. Proposed lot A will consist of 10 acres and proposed lot B will consist of 104 acres. There is an existing residence on proposed lot B which is served by Little Thompson Water District and an individual sewage disposal system. A new individual sewage disposal system and a tap from Little Thompson Water District will be installed on proposed lot A when a residence is constructed. The following conditions are recommended to be part of any approval: 1. A Weld County Septic Permit is required for the proposed home septic system 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. All septic systems located on the property shall have appropriate permits from the Weld County Department of Public Health & Environment. The Environmental Health Division of the Weld County Department of Public Health & Environment was unable to locate a septic permit for the septic system located at 1687 CR 34 3/4. Any existing septic system which is not currently permitted through the Weld County Department of Public Health & Environment will require an I.S.D.S. Evaluation prior to the issuance of the required septic permit. In the event the system is found to be inadequate, the system must be brought into compliance with current I.S.D.S. regulations. 11/03/2009 10:32 3036517102 • PAGE 01/02 Aostr, 111k. COLORADO The Weld County Weld County Referral October 12, 2009 Department of Planning Services has received the following item for review: Applicant Please Reply By Project Legal Location Parcel Number Michael & Kathryn Case Number RE -4975 Litzenberger November 6, 2009 Two -Lot Recorded Exemption Planner Kim Ogle Part of the SE4 of Section 5 and NE4NW4/N2NE4 of Section 8. all in T3N. R68W of the 6th P.M., Weld County, Colorado. East of CR 3 and north and south of CR 36. For a more precise location, see legal. 1207 05 000009 & 1207 08 000048 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. Cl See attached letter. ❑ Please notify me of any public hearings regarding this request. Comments: Signature Agenty.'t1 *Weld County Planning Dept. •918 10" Street Greeley, CO. 80631 4(970) 353-6100 ext.3540 4(970)304-6498 fax 11/03/2009 10:32 3036517'02 PAGE 02/02 October 15,2009 MOUNTAIN VIEW FIRE PROTECTION DISTRICT Administrative Office: 9119 County Line Road • Longmont, CO 80601 (303) 772-0710 • FAX (303) 651-7702 Mr. Kim Ogle Weld County Planning Department 4209 Weld County Road 24.5 Longmont, CO 80504 Dear Me Ogle: I have reviewed the submitted material pertpertabiug to the recorded exemption for the Litzenbe got property, located at 1687 Weld County Road 34.75 (Case Number. RE -4975). The Fire District does not object to the request but does have the following comments and requirements should future buildings be constructed either of the parcels created: • Water supply for fire protection may be required for a new dwelling. In instances when a request is for a recorded exemption and not a subdivision, water supply for fire protection is not required for a single family residence that is not larger than 3,600 gross square feet and is placed on at least a 2.5 acre site. If a residence exceeds 3,600 gross square feet, or is .placed on less than 2.5 acres, water supply for fee protection requirements may apply. All other structures may requite water supply for the protection depending an the use of the new structure. • If water supply for fire protection is not available from fire hydrants, the installation of a residential fire sprinkler system is accepted as an alternative to meeting the required fire flow for residential structures. ' We appreciate being involved it Ike planning process_ Should you have any questions, please contact me at 303-772-0710 x 15. Sincerely, &Ile LuAnn Penfold Fire Marshal LMP/lp Ip10.05.09 son 1 9119 City um Rd. Lonn9mem, Co 90591 project file SWIab2 1608 Megan. Unit Long out, CO 80604 SlOon 3 P.O.0ox 575 290 Pain. Ave, Mad, CO 90512 Salbn 4 P.O. Box 11 8500 Swot NOW reset CO &Ms JlatIcn a 10911 Dobbin Rim Warn,, CO 60026 Saa011a Station SO Bonanza Dr. P.O. MI 40 iris, CO 100 So. Fatal aL 80516 Bacon°, CO 80614 • t I • • (d) 0006 - Ze9 (016) CIS09 0) O'Ipi1836 1!107 airs HlXIS egos aka OkN� 1Act ZS O Eg ca`ttJgigi t.»<•—•1 l‘t 9162 E 1 —4 —1W79 - -7.'- COIMTY ROAD NO. 4T 0Ni SA3A811S 77VOSVH PI 5 gal 5:a S 01'20'51" E 1325.95' .G033 N 01'19'!2' 1M — S 01'20'17' E W z 663.43' iur. St S 01'20'51' E 1325.98' IIIIIII1111111I111 IIIIIIIIIII.IIII 111111/1RY1111111 I • RYIIYII�IYR91�IIYI 23353n33353353135135995 Q b O, co +O I .D on X32 m W tataitsto sera:toot 1328-28'� 8 belt , 8 go 88 Lg. • g a! i 5 01'43'50. E 1328.29' S 01'33'40' E 1130.31' — siallidt nun pp • 9.431 INS VI a S a NINON'NII 60/11/60 � 1 Ora, I; t41l14 I 1i It g 5 01'43'50' E 1328-29' S 01'33'40' E 1328.31' S 01'28''53 E 132927' 4 WELD COUNTY ROAD ACCESS INFORMATION SHEET Weld County Department of Public Works 111 H St PO Box 758 Greeley CO 80632 Phone: (970 )356-4000 x3750 Fax: (970) 304-6497 Road File #: Date - RE #: Other Case #: 1. Applicant Name MIKE- 1-i-A�1R-Y�J LI teuiGR-et A_ Phone 303-589—S-ik3 Address I'144 t Oz- c, I bits L,ahrm r State r' zip So5D l 2. Address or Location of Access 1457 C d4 3A1 Section 5+ in Township 3 Range 66 Subdivision Block Lot Weld County Road #t 34 31( + *6 Side of Road t4 t S Distance from nearest intersection_ti 3. Is there an existing access to the property? Yes_l__ No # of Accesses 4. Proposed Use: (YPermanent (XResidential/Agricultural ( Temporary ( Subdivision ( Industrial ( Commercial (XOther 1-544 ••****ae•o-*++t•H•*x:*:*.♦*fi•*:•*****»************HN•***»******++«<»•**»♦*****»*************a*ee»******* ************ 5. Site Sketch Legend for Access Description: AG = Agricultural RES = Residential O&G = Oil & Gas D.R. = Ditch Road ❑ = House O = Shed A = Proposed Access + = Existing Access OFFICE USE ONLY: _J set.- Alt>l S Road ADT Date Accidents Date Road ADT Date Accidents Date Drainage Requirement Culvert Size Length Special Conditions O Installation Authorized Information Insufficient Reviewed By: Title: AR2g2g342 2424342 B-1477 P-601 01/26/95 04:15P PG 1 OF 3 REC DOC Weld County CO Clerk & Recorder QUIT CLAIM DEED CONSIDERATION LESS THAN $500=00 15.00 THIS DEED, made this 24th day of January, 1995, between LEONARD C. LITZENBERGER, MARY E. LITZENBERGER, MICHAEL A. LITZENBERGER and KATHRYN M. LITZENBERGER of Weld County, Colorado, grantors, and MICHAEL A. LITZENBERGER and KATHRYN M. LITZENBERGER, as joint tenants, with right of survivorship, whose legal address Is 14661 Weld County Road 5, Longmont, Colorado 80501, grantees, WITNESSETH, that the grantors for love and affection and in consideration of Ten Dollars, and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, have remised, released, sold, conveyed and QUIT CLAIMED, and by these presents do remise, release, sell, convey and QUIT CLAIM unto the grantees, MICHAEL A. LITZENBERGER and KATHRYN M. LITZENBERGER, as joint tenants, with right of survivorship, their successors and assigns, forever, all the right, title, interest, -claim and demand which the grantors have in and to the real property, together with improvements, if any, situate, lying and being In the County of Weld and State of Colorado, described as follows: All of the grantors' Interest in and to the real property described on Exhibit "A" and incorporated herein, Together with all minerals, in, on or under the above described lands. TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever, of the grantors, either in law or equity, to the only proper use, benefit and behoof of the grantees, their heirs and assigns forever. IN WITNESS WHEREOF, the grantors have executed this deed on the date set forth above. Michael A. Lltzenbe ger / Le nard C. Litzenberge .1/4Pv -(verJ Kathryn M. Litzenberg@r 2424342 ➢-1477 P-601 01/26/95 04:15P PG 2 OF 3 STATE OF COLORADO ) COUNTY OF BOULDER ) The foregoing instrument was acknowledged before me this lath day of January, 1995, by LEONARD C. LITZENBERGER, MARY E. LITZENBERGER, MICHAEL A. LITZENBERGER and KATHRYN M. LITZENBERGER. $5. My commission expires: 9-12-95 Witness my hand and official seal. (SEAL_}i 015' Li(z2.q d Notary Public EXHIBIT A 2424342 B-1477 P-601 01/26/95 04:15P IG 3 OF 3 THAT PART OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 5; TOWNSHIP 3 NORTH, RANGE 60 WEST OF THE 6TH PRINCIPAL MERIDIAN, WELD COUNTY, COLORADO, THAT LIES SOUTHEAST OF THE MEAD LATERAL DITCH, EXCEPT SUCH TRACTS AS HAVE BEEN HERETOFORE CONVEYED TO THE HIGHLAND LAKE RESERVOIR COMPANY, AND EXCEPT: THAT TRACT CONVEYED TO GEORGE F. WELTY BY DEED RECORDED APRIL 13, 1916 IN BOOK 414 AT PAGE 233; AND THE NORTH HALF OF THE NORTHEAST QUARTER OF SECTION 8, TOWNSHIP 3 NORTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN, WELD COUNTY, COLORADO, EXCEPTING THEREFROM THAT TRACT OF LAND CONVEYED TO LORIN C. MEAD BY DEED RECORDED OCTOBER 29, 1088 IN BOOK 80 AT PAGE 220, AND THAT TRACT OF LAN➢ CONVEYED TO THE HIGHLAND LANE CEMETERY ASSOCIATION BY DEED RECORDED OCTOBER 29, 1888 IN BOOK 00 AT PAGE 219 ALSO EXCEPTING THEREFROM A TRACT OF LAND WHICH IS MORE. PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT A POINT ON THE EAST LINE. OF SAID NORTHEAST QUARTER, WHERE ON THE 1ST DAY OF DECEMBER, 1891, THE HIGHLAND LAKE HIGH WATER LINE CROSSED THE SAID EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 0; THENCE SOUTH TO THE SOUTHEAST CORNER OF THE NORTH HALF OF THE NORTHEAST QUARTER OF SAID SECTION 8; THENCE WEST ON THE SOUTH LINE OF SAID NORTH HALF OF SAID NORTHEAST QUARTER, 20 RODS; THENCE NORTH AT RIGHT ANGLES, WITH SAID LINE, TO WHERE ON THE 1ST DAY OF DECEMBER, 1891, THE HIGHLAND LAKE HIGH WATER LINE CROSSED; THENCE IN A SOUTHEASTERLY DIRECTION ALONG SAID HIGH WATER LINE TO THE PLACE OF BEGINNING; AND ALSO EXCEPTING THEREFROM THAT TRACT OF LAND CONVEYED TO GEORGE P. WELTY BY DEED RECORDED APRIL 13, 1916 IN BOOK 414 AT PAGE 233; ALSO TOGETHER WITH THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 8, TOWNSHIP 3 NORTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN, WELD COUNTY, COLORADO, EXCEPTING THEREFROM THAT TRACT OP LAND CONVEYED TO JOHN MINCH BY DEED RECORDED NOVEMBER 13, 1904 IN BOOK 1049 AS RECEPTION NO. 1988295; ALSO TOGETHER WITH, 1 AND 3/4 SHARES OF THE CAPITAL STOCK OF THE HIGHLAND DITCH COMPANY, 6 SHARES OF THE CAPITAL STOCK OF THE SUPPLY IRRIGATING DITCH COMPANY, 6 SHARES OF THE CAPITAL STOCK OF THE HIGHLANDLAKE LATERAL DITCH • COMPANY, 70 UNITS OF WATER AS ALLOCATED BY THE NORTHERN COLORADO WATER CONSERVANCY DISTRICT, 1 LITTLE THOMPSON DOMESTIC WATER TAP, AND ANY OTHER WATER APPURTENANT TO THE PROPERTY. • • CERTIFICATE OF CONVEYANCES WELD COUNTY STATE OF COLORADO DEPARTMENT OF PLANNING SERVICES COUNTY OF WELD United Title Company hereby certifies that it has made a careful search of its records, and fords 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: Pt of SE4 of S5 3N 68W lying South of Mead Lateral Ditch and East of Flume Lateral Ditch, Less and Except that pt to Highland Lake Reservoir Company; And pt of NE4 NW4 /N2 NE4 of S8 3N 68W less pts to Highland Lake, Highland Lake Cemetery, etc., County of Weld, State of Colorado. CONVEYANCES (if none appear, so state): Reception No. 2471334 Book 1526 Reception No. Book Reception No. 2424342 Book 1477 Reception No. Book Reception No. 2424341 Book 1477 Reception No. Book Reception No. 2411344 Book 1463 Reception No. Book Reception No. 2411343 Book 1463 Reception No. Book Reception No. 2411342 Book 1463 Reception No. Book Reception No. 2411341 Book 1463 Reception No. Book Reception No. 2223894 Book 1273 Reception No. Book Reception No. 1948929 Book 1014 Reception No. Book --Reception No. 1499589 Book 578 Reception No. Book Reception No. 1499588 Book 578 Reception No. Book " Reception No. 1499487 Book 577 Reception No. Book Reception No. Book Reception No. Book 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 and the liability of United Title Company is hereby limited to the fee paid for this Certificate. In Witness whereof, United Title Company has caused this certificate to be signed by its proper office this 1st Dav of September, 2009 n, 5:00 PM. United Title Company __.Authorized Sig;ature lrabl • • A.R2471334 2471334 B-1526 P-740 01/10/96 02;42P PG 1 OF 2 EEC DOC Weld County CO Clerk s Recorder 11:00 DISTRICT COURT, COUNTY OF WELD, STATE OF COLORADO Civil Action No. 95 CV 469 DECREE IN QUIET TITLE ACTION CONCERNING REAL ESTATE MICHAEL A. LIIGI,NBERGER.and KATHRYN M. LITZENBERGER, Plaintiffs, vs. ARTHUR ANDERSON, GILBERT O, DALPRA, and DOROTHY MARIE DALPRA, and ALL UNKNOWN PERSONS WHO CLAIM ANY INTEREST IN THE SUBJECT MATTER OF THIS ACTION, Defendants, THIS MATTER comes on for:consideration of Plaintiffs' Complaint to quiet title to certain real estate in Weld County, Colorado. The Court having considered the evidence and the records, and being duly advised, FINDS: 1. 'That each of the Defendants herein has been properly served as required by law and rule of Court; 2. That the Military Attorney whose name appears below has been heretofore appointed and has appeared for any and all Defendants who are in, or who may be in, or may have been ordered to report for induction into the'military service as defined by the Soldiers' and Sailors' Civil Relief Act of 1940, es amended; 8. That this is an action rn rem affecting specific real property; 4. That this Court has jurisdiction of all parties to this action and of the subject matter thereof; 6. That the allegations of the Complaint are true; 6. That every claim made by said Defendants is unlawful and without legal right; 7. That no Defendant herein has any title or interest in or to the property described hereafter or any part thereof. IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that Plaintiffs are the legal owner of the real property by reason of the treasurer's deeds, with right to possession, or the real property situate in the County of Weld, State of Colorado, more particularly described as follows: 1 0111Illbllf lfl, it l III .J,! 1 TTilT • • 2471334 B-1526 P-740 01/10/96 02:42P PO 2 OF 2 All that part of the SW 1/4 of the SE 1/4.of Section 6, Township 3 North, Range 68 West of the 6th P.M., Weld County, Colorado, lying East of. the "Flume" Lateral Ditch, and South of the Mead Lateral Ditch, IT IS FURTHER ORDERED, ADJUDGED AND DECREED, that fee simple title in and to said real property be and the same hereby is quieted to MICHAEL A. LITZENBERGER and KATHRYN M. LITZENBERGER and.that each of the Defendants has no right, title or interest in or to the said real property or any part thereof, and that.they are forever enjoined from asserting any claim, right title or interest in or to the said real property or any part thereof. ENTERED this "i day of —Sr‘-e, ,.,•� , 19 °\L. BY THE COURT: District Judge Certified to be a full, true and correct copy of the original,in mY cpstudy. 2 IlAllillflQll (II V, I fl Dated .23 FERN A. KO By lb 1111 AR2424342 2424342 B-1477 P-601 01/26/95 04:15P PG 1 OF 3 REC DOC Weld County CO Clerk & Recorder QUIT CLAIM DEED CONSIDERATION LESS THAN $500:D0 15,00 THIS DEED, made this 24th day of January, 1995, between LEONARD C. LITZENBERGER, MARY E. LITZENBERGER, MICHAEL A. LITZENBERGER and KATHRYN M. LITZENBERGER of Weld County, Colorado, grantors, and MICHAEL A. LITZENBERGER and KATHRYN M. LITZENBERGER, as joint tenants, with right of survivorship, whose legal address Is 14661 Weld County Road 5, Longmont, Colorado 80501, grantees, WITNESSETH, that the grantors for love and affection and In consideration of Ten Dollars, and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, have remised, released, sold, conveyed and QUIT CLAIMED, and by these presents do remise, release, sell, convey and QUIT CLAIM unto the grantees, MICHAEL A. LITZENBERGER and KATHRYN M. LITZENBERGER, as joint tenants, with right of survivorship, their successors and assigns, forever, all the right, title, interest, claim and demand which the grantors have in and to the real property, together with improvements, if any, situate, lying and being In the County of Weld and State of Colorado, described as follows: All of the grantors' interest in and to the real property described on Exhibit "A" and incorporated herein. Together with all minerals, in, on or under the above described lands. TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever, of the grantors, either in law or equity, to the only proper use, benefit and behoof of the grantees, their heirs and assigns forever. IN WITNESS WHEREOF, the grantors have executed this deed on the date set forth above. 91 M nard C. Litz bergs ar�E. i� anber r Ma Michael A. Lltzenbeeger Kathryn M. Litzenberg r ' 2424342 B-1477 P-601 01/26/95 04:15P PO 2 OP 3 STATE OF COLORADO ) ) ss. COUNTY OF BOULDER ) The foregoing instrument was acknowledged before me this 24th day of January, 1995, by LEONARD C, LITZENBERGER, MARY E. LITZENBERGER, MICHAEL A. LITZENBERGER and KATHRYN M. LITZENBERGER. My commission expires: 9-12-95 Witness my hand and official seal. (SEAL�I;, ., o i -Liu 4/ Ltz2.4cd Notary Public EXHIBIT A • 2424342 B-1477 P-601 01/26/95 04:15P PG 3 OF 3 THAT PART OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 5; TOWNSHIP 3 NORTH, RANGE 66 WEST OF THE 6TH PRINCIPAL MERIDIAN, WELD COUNTY, COLORADO, THAT LIES SOUTHEAST OF THE MEAD LATERAL DITCH, EXCEPT SUCH TRACTS AS HAVE BEEN HERETOFORE CONVEYED TO THE HIGHLAND LAKE RESERVOIR COMPANY, AND EXCEPT, THAT TRACT CONVEYED TO GEORGE F. WELTY BY DEED RECORDED APRIL 13, 1916 IN BOOK 414 AT PAGE 233; AND THE NORTH HALF OP THE NORTHEAST QUARTER OP SECTION 8, TOWNSHIP 3 NORTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN, WELD COUNTY, COLORADO, EXCEPTING THEREFROM THAT TRACT OF LAND CONVEYED TO LORIN C. MEAD BY DEED RECORDED OCTOBER 29, 1886 IN BOOK 80 AT PAGE 220, AND THAT TRACT OF LAND CONVEYED TO THE HIGHLAND LAKE CEMETERY ASSOCIATION BY DEED RECORDED OCTOBER 29, 1888 IN BOOK 80 AT PAGE 219 ALSO EXCEPTING THEREFROM A TRACT OF LAND WHICH IS MORE. PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT A POINT ON THE EAST LINE OF SAID NORTHEAST QUARTER, WHERE ON THE 1ST DAY OF DECEMBER, 1891, THE HIGHLAND LAKE HIGH WATER LINE CROSSED THE SAID EAST LINE OF THE NORTHEAST QUARTER OP SAID SECTION 0; THENCE SOUTH TO THE SOUTHEAST CORNER OP THE NORTH HALF OF THE NORTHEAST QUARTER or SAID SECTION 8; THENCE WEST ON THE SOUTH LINE OF SAID NORTH HALF OF SAID NORTHEAST QUARTER, 20 RODS; THENCE• NORTH AT RIGHT ANGLES, WITH SAID LINE, TO WHERE ON THE 1ST DAY OF DECEMBER, 1891, THE HIGHLAND LAKE HIGH WATER LINE CROSSED; THENCE IN A SOUTHEASTERLY DIRECTION ALONG SAID HIGH WATER LINE TO THE PLACE OF BEGINNING; AND ALSO EXCEPTING THEREFROM THAT TRACT OF LAND CONVEYED TO GEORGE F. WELTY BY DEED RECORDED APRIL 13, 1916 IN BOOK 414 AT PAGE 233; ALSO TOGETHER WITH THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OP SECTION 8, TOWNSHIP 3 NORTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN, WELD COUNTY, COLORADO, EXCEPTING THEREFROM THAT TRACT OP LAND CONVEYED TO JOHN MINCH BY DEED RECORDED NOVEMBER 13, 1984 IN BOOK 1049 AS RECEPTION NO. 1980295; ALSO TOGETHER WITH: 1 AND 3/4 SHARES OF THE CAPITAL STOCK OF THE HIGHLAND DITCH COMPANY, 6 SHARES OF THE CAPITAL STOCK OF THE SUPPLY IRRIGATING DITCH COMPANY, 6 SHARES OF THE CAPITAL STOCK OF THE HIGHLANDLARE LATERAL DITCH • COMPANY, 70 UNITS OF WATER AS ALLOCATED BY THE NORTHERN COLORADO WATER CONSERVANCY DISTRICT, 1 LITTLE THOMPSON DOMESTIC WATER TAP, AND ANY OTHER WATER APPURTENANT TO THE PROPERTY. AR2424343 CONSIDERATION LESS THAN $500.00 2424341 5-1477 P-600 01/26/95 04:15P PG 1 Weld County CO Clerk & Recorder QUIT CLAIM DEED OF 2 REC DOC 10.00 THIS DEED, made this 74th day of January, 1995, between LEONARD C. LITZENBERGER, MARY E. LITZENBERGER, MICHAEL A. LITZENBERGER and KATHRYN M. LITZENBERGER of Weld County, Colorado, grantors, and MICHAEL A. LITZENBERGER and KATHRYN M. LITZENBERGER, as joint tenants, with right of survivorship, whose legal address is 14881 Weld County Road 5, Longmont, Colorado 80501, grantees, WITNESSETH, that the grantors for love and affection and in consideration of Ten Dollars, and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, have remised, released, sold, conveyed and QUIT CLAIMED, and by these presents do remise, release, sell, convey and QUIT CLAIM unto the grantees, MICHAEL A. LITZENBERGER and KATHRYN M. LITZENBERGER, as joint tenants, with right of survivorship, their successors and assigns, forever, all the right, title, interest, claim and demand which the grantors have in and to the real property, together with Improvements, if any, situate, lying and being in the County of Weld and State of Colorado, described as follows: ALL THAT PART OF THE SOUTHWEST QUARTER OF SECTION 5, TOWNSHIP 3 NORTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN, WELD COUNTY, COLORADO, LYING EAST OF THE "FLUME" LATERAL DITCH, AND SOUTH OF THE MEAD LATERAL DITCH. Together with aA minerals, in, on or under the above described lands. TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging or In anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever, of the grantors, either in law or equity, to the only proper use, benefit and behoof of the grantees, their heirs and assigns forever. IN WITNESS WHEREOF, the grantors have executed this deed on the date set forth above. Michael A. Litzen erger onard C. Litzenber Kathryn M, r—. 771 Litzenberger 2424341 B-1477 P-600 01/26/95 04,15P PG 2 OF 2 STATE OF COLORADO ) ss. COUNTY OF BOULDER ) The foregoing instrument was acknowledged before me this 24th day of January, 1995, by LEONARD C, LITZENBERGER, MARY E. LITZENBERGER, MICHAEL A. LITZENBERGER and KATHRYN M. LITZENBERGER. My commission expires: 9-12-95 Witness my hand and official seal. LIt1.4cd Notary Public • • AR2411344 \D3 o'clock M Recorder. SPECIAL WARRANTY DEED THIS DEED, Made shin day of . Iv between Katherine Nottingham Reis, Donna Nottingham Phelps and Wallis Elizabeth Than of the County or Gunnison , Stole of Colorado, prantods),und Leonard C. Litzenberger, Mary E. Litzenberger, Michael A. Litzenberger and Kathryn M. Litzenberger , as joint tenants whose legal address is 16084 WCR 5, PLATTEVILLE, CO 80651 of d,c County of Weld Stale nl Colorado, grameelsl: W ITNESSETH, That the gronsarle). lur and in consideration of the sum of Two hundred thirty—three thousand and no hundredths (5233,000.00) -- DOLLARS. IMmedpt andsufficisncyof which ishemhy acknowedged, have grunted,bargained. sold adeonveycd, and by these presents do grunt, bargain, tell, convey and confirm, unto the grameulsl, their heirs and usaignu thew, all the real property, together with impnwemense, if any, situate, lying and being in the County 01 Weld , Stem of Colorado, described so follows: All of the above grantors' undivided one—half (1/2) interest in and to the following described real property: See attached Exhibit A. Together with all minerals, in, on, or under the above described lands. 2411344 N-1463 P-647 10/18/94 02:10P PO 1 OF 3 REC DOC Mary Ann Feuerstein Weld Co., Clerk & Recorder 15.00 23.30 Also known wn by street and soother as: TOGETHER with all and singular the hereditament, and appurtenances thereto belonging, ur ie an wise appertaining, and the reversion and revaamns, remainder and remainders, ronu, soon and profits thuruoq and all the estate. right. title, interest. claim and demand whatsoever of the grantonal. either in law or equity, of, in and to the above hogsined ryemises, with the heredimments sod appurtenances; TO HAVE AND TO HOLD the said pmmhan above bargained and described with the nppnncnanceo, unto the gmmecbsh their halm and asslgac !NMI. The glanlorinl, (or them act vas. their helm and Pertetni eepRSenl01\'en tt nYKcunrs. do cuocount antiagree that they shall and will WARRANT AND FOREVER DEFEND the above.bngninad premises In the quiet and peaceable pnaneeamn ohms gruncein), their heirs and assigns. against all and every permit capers ens claiming the whole rany part thereof, by. Ihnmgh or under the grantor's) IN WITNESS WHERPpH, the newts) ha we executed this deed on the date act forth stove. Wallis Elizabeth Thou f ,f nna Nottinktam P 1ps STATE OP COLORADO County oe )(Gunnison The foregoing instrument was acknowledged Mfore me this y L lth day of by Katherine Nottingham Reis and Donna Nottingham Phelps . elf in Denver, insert "City and." October �t Ih49', Witness my hand and official seal. Mycommissioc, ires1 Junp.162 i y 1996`- A. �., c.,c , /.w;vl.%lv�.. mow, rant, No. 16. Pay. 345, sheCars WARnAATs' Deco -Redford PuNnliep 1701 Warne H. Decree C01mai... (301)2112SMX1-6.111 8 6 a 3 Z �+ n a 3 3 oaveol03 do ILVJS .411144 Li -1463 P-64" 10/18/94 02:10P PG 2 OF 3 STATE OF COLORADO ss, City and County of -Deaver A A2A PH et e E Q33Q CLNVHUVM'IV133dS The foregoing instrument was acknowledged before me this /a day of meTo/bCk l9 by Wallis Elimbeth Thon. My commission expires: Witness my hand and official seal, 2411344 B-146.3 P-647 10/18/94 02:10P PG 3 OF 3 EXHIBIT A THAT PART OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 5, TOWNSHIP 3 NORTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN, WELD COUNTY, COLORADO, THAT LIES SOUTHEAST OF THE MEAD LATERAL DITCH, EXCEPT SUCH TRACTS AS HAVE BEEN HERETOFORE CONVEYED TO THE HIGHLAND LAKE RESERVOIR COMPANY, AND EXCEPT THAT TRACT CONVEYED TO GEORGE F. WELTY BY DEED RECORDED APRIL 13, 1916 IN BOOK 414 AT PAGE 233; AND THE NORTH HALF OF THE NORTHEAST QUARTER OF SECTION 8, TOWNSHIP 3 NORTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN, WELD COUNTY, COLORADO, EXCEPTING THEREFROM THAT TRACT OF LAND CONVEYED TO LORIN C. MEAD BY DEED RECORDED OCTOBER 29, 1885 IN BOOK 60 AT PAGE 220, AND THAT TRACT OF LAND CONVEYED TO THE HIGHLAND LAKE CEMETERY ASSOCIATION BY DEED RECORDED OCTOBER 29, 1868 IN BOOK BO AT PAGE 219 ALSO EXCEPTING THEREFROM A TRACT OF LAND WHICH IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING. AT A POINT ON THE EAST LINE OF SAID NORTHEAST QUARTER, WHERE ON THE 1ST DAY OF DECEMBER, 1891, THE HIGHLAND LAKE HIGH WATER LINE CROSSED THE SAID EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 8; THENCE SOUTH TO THE SOUTHEAST CORNER OF THE NORTH HALF OF THE NORTHEAST QUARTER OF SAID SECTION 8; THENCE WEST ON THE SOUTH LINE OF SAID NORTH HALF OF SAID NORTHEAST QUARTER, 2D RODS; THENCE NORTH AT RIGHT ANGLES, WITH SAID LINE, TO WHERE ON THE 1ST DAY OF DECEMBER, 1891, THE HIGHLAND LAKE HIGH WATER LINE CROSSED; THENCE IN A SOUTHEASTERLY DIRECTION ALONG SAID HIGH WATER LINE TO THE PLACE OF BEGINNING; AND ALSO EXCEPTING THEREFROM THAT TRACT OF LAND CONVEYED TO GEORGE F. WELTY BY DEED RECORDED APRIL 13, 1916 IN BOOK 414 AT PAGE 233; ALSO TOGETHER WITH THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 8, TOWNSHIP 3 NORTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN, WELD COUNTY, COLORADO, EXCEPTING THEREFROM THAT TRACT OF LAND CONVEYED TO JOHN MINCH BY DEED RECORDED NOVEMBER 13, 1984 IN BOOK 1049 AS RECEPTION NO. 1988295; ALSO TOGETHER WITH: 1 AND 3/4 SHARES OF THE CAPITAL STOCK OF THE HIGHLAND DITCH COMPANY, 6 SHARES OF THE CAPITAL STOCK OF THE SUPPLY IRRIGATING DITCH COMPANY, 6 SHARES OF THE CAPITAL STOCK OF THE HIGHLANDLAKE LATERAL DITCH COMPANY, 70 UNITS OF WATER AS ALLOCATED BY THE NORTHERN COLORADO WATER CONSERVANCY DISTRICT, 1 LITTLE THOMPSON DOMESTIC WATER TAP, AND ANY OTHER WATER APPURTENANT TO THE PROPERTY, AR2411343 enact M Recorder, PERSONAL REPRESENTATIVE'S DEED (Testate Estate) THIS DEED is made by Donna Phelps, Katherine Reis and Wallis Elizabeth Then as'Personal Representative of the Estate of Walter Nottingham deceased, Grantor, to Leonard C. Litzenberger, Mary E. Litzenberger, Michae A. Litzenberger, and Kathryn M. Litsenberger ,Grantee, whose legal address is 16084 VCR 5, PLATTEVILLE, CO 80651 of the "County of Weld , State of Colorado WHEREAS, the Last Will and Testament of the abovemamed decedent was made and executed in the lifetime of the decedent, and is dated August 6 19 90 which Wit was duly admitted to (Scram* (informal)" probate on January 25 19 93 by the District Court and for the County of Boulder , State of Colorado, Probate No. 93PR036 WHEREAS, Grantor was duly appointed Personal Representative of said Estate on January 25 19 93 and is now qualified and aoting in said capacity. NOW THEREFORE, pursuant to the powers conferred upon Grantor by the Colorado Probate Code, Grantor does hereby sell, convey, assign, transfer and set over unto said Grantee (in joint tenancy)" (far and in consideration of Two hundred thirty-three thousand and no bundTfdthe ($23L000.OO)----Dollars)" " the following described real properly situate in the County of We)d State of Colorado: All of the above decedent's undivided one-half (1/2) interest in and to the following described real property: See attached Exhibit A. Together with all minerals, in, on or under the above described. lands. ?411343 1.1 -.14tH P-646 10/13/94 02:10P PG 1 OF 3 REC WC Nary Ann Feuerstein Weld Co., Clerk & Recorder 15.00 23.30 also known by street and number as With all appurtenances, subject to covenants, easements and restrictions of record, and subject to general property taxes for the year l9 95 ,lmbptWsIMO and subsequent years, reservations and rights of way in existence, if any. As used herein, the singular includes the plural and the plural the singular(_,/ ' ♦ ,e�i C i .e Donna Phelps. Executed / -t' ,( )9 in/ et jat er ne Rain Wa is Elizabeth non Co— Personal RrpRseatatiwaafthe Estate of Walter Nottingham Deceased STATE OF COLORADO COUNTY OF Gunnison }ss. The foregoing instrument was acknowledged before me this? 11th day of y Oct ob.e<':: '„�pQ5, by CDonna Phelps and Katherine Rate as P�isonal Representative%f the Estate of We] ter Nottingham 'd ' 'r' 01A/ p %,(2.1,1.• Deceased. -. `, o"-O'Q-i;; Witness my hand and official seal. My commission expires: K June 26, 1996 yr in Dw,r, iurm •nly end^. •e,nbvnWl,m say wale NimnudAd0a' b Peal C,adine Newly Coaled Lent D,aio400 Ia 311.31.106.5. CRS) CPC96. Rex 11-93. PERSONAL. REPRESENTATIVE'S DEED (TWO.) andford PANNE., 5143 Wee Si, Dean CO 5292 —f50A 1924500—' 9! i<p, Corneal lne 2 9 Z 4 n 0. a 2 '04 VNOIOJ 10 3 LV15 241134) B-1463 P-646 10/18/94 02:10P PO 2 OF 3 STATE OF COLORADO City and County of,Denver /!Rf ➢A Ho E The foregoing instrument was acknowledged before me this 1 I. day of'f 0C�-a /d6 Deceased. 19,tt by Wallis Elizabeth Tbon as Co -Personal Representative of the Estate of Walter Nottingham, 0 F Witness my band and official seal. My commission expires: g 9-a-`7 ) as. ) EXHIBIT A 24L1343 B-1463 P-646 10/18/94 02:10P PG 3 OF 3 THAT PART OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 5, TOWNSHIP 3 NORTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN, WELD COUNTY, COLORADO, THAT LIES SOUTHEAST OF THE MEAD LATERAL DITCH, EXCEPT SUCH TRACTS AS HAVE BEEN HERETOFORE CONVEYED TO THE HIGHLAND LAKE RESERVOIR COMPANY, AND EXCEPT THAT TRACT CONVEYED TO GEORGE F. WELTY BY DEED RECORDED APRIL 13, 1916 IN BOOK 414 AT PAGE 233; AND THE NORTH HALF OF THE NORTHEAST QUARTER OF SECTION 8, TOWNSHIP 3 NORTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERI➢IAN, WELD COUNTY, COLORADO, EXCEPTING THEREFROM THAT TRACT OF LAND CONVEYED TO LORIN C. MEAD BY DEED RECORDED OCTOBER 29, 1888 IN BOOK BO AT PAGE 220, AND THAT TRACT OP LAND CONVEYED TO THE HIGHLAND LAKE CEMETERY ASSOCIATION BY DEED RECORDED OCTOBER 29, 1888 IN BOOK 80 AT PAGE 219 ALSO EXCEPTING THEREFROM A TRACT OF LAND WHICH IS MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT A. POINT ON THE EAST LINE OF SAID NORTHEAST QUARTER, WHERE ON THE 1ST DAY OF DECEMBER, 1891, THE HIGHLAND LAKE HIGH WATER LINE CROSSED THE SAID EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 8; THENCE SOUTH TO THE SOUTHEAST CORNER OF THE NORTH HALF OF THE NORTHEAST QUARTER OF SAID SECTION 8; THENCE WEST ON THE SOUTH LINE OF SAID NORTH HALF OF SAID NORTHEAST QUARTER, 20 RODS; THENCE NORTH AT RIGHT ANGLES, WITH SAID LINE, TO WHERE ON THE 1ST DAY OF DECEMBER, 1891, THE HIGHLAND LAKE HIGH WATER LINE CROSSED; THENCE IN A SOUTHEASTERLY DIRECTION ALONG SAID HIGH WATER LINE TO THE PLACE OF BEGINNING; AND ALSO EXCEPTING THEREFROM THAT TRACT OF LAND CONVEYED TO GEORGE F. WELTY BY DEED RECORDED APRIL 13, 1916 IN BOOK 414 AT PAGE 233; ALSO TOGETHER WITH THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 8, TOWNSHIP 3 NORTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN, WELD COUNTY, COLORADO, EXCEPTING THEREFROM THAT TRACT OF LAND CONVEYED TO JOHN MINCH BY DEED RECORDED NOVEMBER 13, 1984 IN BOOK 1049 AS RECEPTION NO. 1988295; ALSO TOGETHER WITH: 1 AND 3/4 SHARES OF THE CAPITAL STOCK OF THE HIGHLAND DITCH COMPANY, 6 SHARES OF THE CAPITAL STOCK OF THE SUPPLY IRRIGATING DITCH COMPANY, 6 SHARES OF THE CAPITAL STOCK OF THE HIGHLANDLAKE LATERAL DITCH COMPANY, 70 UNITS OF WATER AS ALLOCATED BY THE NORTHERN COLORADO WATER CONSERVANCY DISTRICT, 1 LITTLE THOMPSON DOMESTIC WATER TAP, AND ANY OTHER WATER APPURTENANT TO THE PROPERTY. • • Rrm o'clock M Recorder. AR211113Y2 PERSONAL REPRESENTATIVE'S DEED (Testate Estate) THIS DEED is made by Donna Phelps, Katherine Reis and Wallis Elizabeth Than aselibisonai Representative -lithe Estate of Walter Nottingham deceased, Grantor, to Leonard C. Litz cub ernes. Mary E. Litzenbereer. Michael A. Litzanberter. and Aathryn M. Lit7PnkC®atee, whose legal address is 16084 WCR 5. PLATTEVILLE, CO 80651 of the 'County of Wel d , State of Cnlnrndn WHEREAS, the Last Will and Testament of the above -named decedent was made and executed in the lifetime of the decedent, and is dated August 6 , 19 90 which Will was duly admitted to gi) (informal)" probate on January 25 19 93 by the ➢l strict Court in and for the County of Boulder Stale of Colorado, Probate No. 99PRO96 WHEREAS, Grantor was duly appointed Personal Representative of said Estate on January 25 19 AL and is now qualified and acting in said capacity. NOW THEREFORE, pursuant to the powers conferred upon Grantor by the Colorado Probate Code, Grantor does hereby sell, convey, assign, transfer and set over unto said Grantee (in joint tenancy)" (for and in consideration of Ten dollars and other consideration-------------- ---- Dollars)"' the following described real property situate in the County of Weld Slate of Colorado: All of the above decedent's interest, if any, in and to the following described real property: ALL THAT PART OF THE SOUTHWEST QUARTER OP TEE SOUTHEAST QUARTER OF SECTION 5, TOWNSHIP 3 NORTH, RANGE 68 WEST OP TEE 6TH PRINCIPAL MEBEDIAN, HELD COUNTY, COLORADO, LYING EAST OF THE "FLUKE" LATERAL BITLT{, APD. SOUTH OP THE HEM) LATERAL DITCH. `„To,'ppt3yeDririhb all minerals, in, on or under the above described lands. 2411342 8-1463 P-635 10/18/94 02;10P PG 1 OF 2 Mary Ann Feuerstei.n Weld Co., Clerk & Recorder REC DOC 10.00 also known by street and number as With all appurtenances, subject to covenants, easements and restrictions of record, and subject to general property taxes for thc ytar 1935_ R Sf@ and subsequent years, reservations and rights of way in existence, if any. As used herein, the singular includes the plural and the plural the singular. Executed Ors" f! ,19 Y f Donna Phelps Katherine Rais Wallis Elizabeth Than V Co-Peno"al Represeatalivdafthe Estate of Wal rrr Nor n ngham , Deceased STATE OF COLORADO COUNTY OF \ Gunnison 1 The foregoing instrument was acknowledged before me this 11th day of • October 19 94 by Donna Phelns and Katherine Rais aQresooal Representativesofthe Estate of Walter Nottingham—.— ottingham ,Deceased. Witness my hand and official scat. i^' h�;73 MY Commission expires'' Jute 26, 1996 �/ C 'If la Dmm.iun,'C,IY and". //'- ! ' ^nrib.n,wM Na4nau18[ roe, is AGtu al vun cve1, l'srN Hal Dmi,rla. n 141306. f. C.R.S ) CPCA6. Rev. 11-91. PERSONAL REPRe5EtYTATSYE'A Otto pads) Bradford i 141 Watt Sc, Dmrtr. CO 10101 —13711291110 0-1 11 €11 Cappleht 1987 s a S 3 STATE OF COLORADO City and County of 1),....r,r4/24 T'A^1°" The foregoing instrument was acknowledged before me this X /v2 day of V cPcro Deceased.19 # by Wallis Elizabeth Than as Co -Personal Representative of the Estate of Walter Nottingham, Witness my hand and official seal. My commission expires: X 9- a -y7 y, .yew=I rumcni was tiled for record in my 'OOVNOlOJ d011Vli g It NotPublic 2411342 E-1463 P-645 10/18/94 02:10P PO 2 OF 2 Leono,sd_ % r I - beAgo) HO-rtc E Utz ein b qz] er iL0toZt1 L3Cf 5 Pic' Wt e, Co SD / ddock M A(;24 113ry1No Recmder_ QUITCLAIM DEED THIS DEED, Made this day of • Iv between Katherine Nottingham Lain, Donna Nottingham Phelps and Wallis Elizabeth Thon of the 'County of Gunnison and State of Colorado.granror(s), and Leonard C. Litz enberger, Mary E. Litz embargo' , Michael A. Lit zenberger, and Kathryn M. Litz enberger, es joint tenants whose legal address es 16D84 WCR 5, PLATTEVILLE, CO 80651 of the County of weld and Stale of Colorado, grantee(s), WITNESSEr1, That the grantor(s), for and in consideration of the sum of Ten dollars and other consideration Dollars the receipt and sufficiency of which is hereby acknowledged, have remised, released, sold and QUITCLAIMED, and by these presents do remise, release, sell and QUITCLAIM unto the gmnteo(s), their heirs, successor and assigns, forever, all the right, title, interest, claim and demand which the grantor(s) ha ve in end to the real property, together with improvements, if any, situate, lying and being he the County of Weld and State of Colorado, described as follows: ALL THAT PART OP THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 5, TOWNSHIP 3 NORTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN, WELD COUNTY, COLORADO, LYING EAST OF THE "FLUME" LATERAL DITCH, AND SOUTH OF TEE MEAD LATERAL DITCH. Together with all minerals, in, on or under the above described lands. 2411341 H-1463 P-644 10/18/94 02:08P PO 1 OF 2 REC DOC Mary Ann Feuerstein Weld Co., Clerk 6 Recorder 10.00 also known by street and number us: assessor's schedule or parcel number: TO HAVE AND TO HOLD the sans; together with all and singular the appurtenances and privileges thereunto belonging or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever, often grantor(s), either in law or equity, to the only proper use, benefit and behoof ofthe grantee(s) their heirs and assigns forever. IN WITNESS WHEREOF, The grantors) ha ve accented this deed on the date see forth above. h Brine tingh m Rai°i �/ Q Rat erine Notting Rare Notting Ps S ATE COLORADO, Wallis Elizabeth Thou County Or Gunnison The foregoing iastnunent was acknowledged before me this) 11th day oft October by Katherine Nottingham Rais and Donna Nottingham Phelps. My commission expires June 26, 1996 'if in Denver, insert "City and". Nmo vM Aeba, aPomn Cnarina Na4y S.41441-40 an^IN^n (I 14-14-104 .3. CKs) Witness my hand and official seal Na, 933. Re,. 4.9 4. QUITCLAIM DEED &tlfa,a Publishing. ISO Vince se, carver. CO 80202— (30112914505 — 694 2411141 5-1463 P-644 10/18/94 02:08P P3 2 OF 2 STATE OF COLORADO City and County of -Benny A4CA Pa H o t ) as. • The foregoing instrument was acknowledged before me this A /2- day of r by Wallis Elizabeth Thou. Witness my hand and official seal. My commission expires wu. Sre.i, ., Sept 7. I - Gnu rntrfnnsrnO °clog 01 19j AR222381' • ;o. • B 1273 RE • 02223894 08/20/90 11:26 *40.00 F 0636 MARY ANN FL'DSRS?ZIN CLERK & RECORDER WELD QUIT CLAIM DEED THIS DEED, Made this n day of ,u-p,�` ,19/v en betweWalter Nottingham and Lath ne Nottingham Dais. Trustees of the 'County of Boulder Colorado, grantor(s), and Walter Nottingham whose legal address is 820 Dickens Court Longmont, Colorado 80501 of the County of boulder and State of 1/002 CO, CO PECOS:DER'S M!MORAN AT THE TIME OF RECORDATION, UTHIS :i}- SCRUMENY WAS FOUND TO GEL D?QUAY. 6012 THE BEST P.HOTCGRAriuC aPR0:{UC- TION BECAUSE OF ILLEGIBILITY, PEON OR PrOTO COPY, PISCO..G REp PAPE ETC. and State of Colorado, grantee($. WITNESSETH, That the grantor(s), for and in consideration of the sum of DOLLARS the receipt and sufficiency of which is hereby acknowledged, have remised, released, sold, conveyed and QUIT CLAIMED, and by these presents do remise, release, sell, convey and QUIT CLAIM unto the gnntet(ak his heirs, successors and assigns, forcer, all the right, tide, interest, claim and demand which the grantor(s) have in and to the seal property, together with improvements, if any, situate, lying and being in the County of Weld and Stale of Colorado, described es follows: An undivided one-half (i/2) interest in and to the following described property: That part of the southeast quarter (5.2.%) of the southeast quarter (S.E.(), of section five (5), in township three (3) north, o range sixty-eight (68) west, that lies southeast of the Mead Lateral Ditch, except such tracts Si have been heretofore conveyed to The Highland Lake Reservoir Company; and the north half (N.%) of the northeast quarter (N.=.%), of section sight (8), in township three (3) north, of range sixty-eight (68) vast, excepting seventeen and one-half (175) acres, more or less, out of the northeast corner ther of heretofore deeded by Mary A. Pound to Lorin C. Mead, and one and one-half (1%) acres out of the,northwest corner thereof heretofore deeded to'the Olghlend Cemetery Association, and also excepting a taro tract in the southeast corner described as follows: Commencing -t a point on the east line of said N.Y., where on the first day of necesber, 1891, the Highland Lake high water line crossed the said east line of the N.R.4 of said Sec. 8, thence south to the southeast Corner of the said N.4 of the N.I.% of said Sec. 8; thence west on the south line of said N.4 of the N.S.4 of said Sec, 8, 20 rods; thence north at right angles with said south line of said 0.4 of the N.B.'s;, of said Sec. 8 to where on the first day of December, 1891, the Highland Lake high water line crossed; thence in a southeasterly direction along said high water line to the place of beginning, be{^ about three -fourths of an acre, more or less; also together with the northeast quarter (N.H.%) of the northwest quarter (N.W.4) of said section 8; together with all ditch and water rights appertaining to said premisest including one and one-half (4) shares of the capital e ofTell e ll hand t an (2) shares col the capital stock o The High and a Latera itch Company and four (4) tares f the capital stock of The Su 1 Ditch Co any and ss veentty tares sere • of v er allotted to said an by the toot ?imaaddod W Con- servancy DDCistrict; a140 exc t conveyed y quit .. all de _ in book 414, at page 2333,, of Weld unty records; its appur-: tercel and nant a ttsitle to the same suubbaectt to tany lien of the Nor am• t fights ofwa tea E a ur 1110 ita iiicand .roads; is an any a f - N M N �D r/ O ai 6q 8 3 fl 5 is 116 liA� vd T aBit a ;gg • I'd g ti tins gato4 a J ug Y • 13 I ti II 8 " • 5 9 I • i L AR11YE1c'9 ilexes ti. 1 96 [ AR 1948929 12/05/83 09:52 0 1/003 ANN FEUERSTFIN CLERK 4 RECORD. ELD CO, CO WALTER NOTTINGHAM, Y.ATHERiNEsNOiAF�ARAIBUNN,,,,, NOTTINGHAM PHELPS and WALLIS ECIZABETh TNOfi, Trustees under Trust Agreement dated November'17,1966, and amended May 22, 1981, 820 Dickens Court, Longmont, wusrnddies..r Colorado e° ''• '4 boulder her Ih,, rnmdrli•r:them of five hundred doil:n �. w h:wd lend. lit n•L;. •,dial:inl rnnvo!. IMO, Katherine Nottingham Pais, Donna Nottingham Phelps and Wallis Elizabeth Thon, as tenants in coumon, P. 0, BOK 1212, Gunnison, Colorado 21230 Slate of less than Gunnison andSrdte „! Colorado r„ub to ,a Weld (See attached legal description) h.n undivided one-half(;) interest in and to the following described property: That part of the SR of. the SP, of Section 5, in township !forth, of Range 68 West, that lies SE lof the !lead 'ateral Ditch, except such tracts as have been heretofore conveyed to The highland Lake Reservoir Company; and the N'; of. the. I[4 of Section -k, Township.north, ?.ange I,%; West, excepting 171s acres, more or less, out of the NE corner thereof heretofore deeded by Mary A. Pound to Lorin C. !'ejad, and 1', acres out of. the NW corner thereof heretofore deeded to the Highland Cemetary Associa- tion, and also excepting a certain tract in the SE corner described as follows: Commencing at a'point on the east line of said!IFS, where on the first day of:beceMber, 1 )1, the-,ghland Lake high water line crossed the said east' line of the.'IE', of said Section 2. thence South tip. the SE corner Of the said N1; of the !if.'. of said Section 2; thence 'West on the South line of said ti, of the !If•, of said ',ection fl, 20 rods; thence north at right angles with said south line of said of the !Ili, of said Section 8 to where on the first day o' !ecember, 18<il, the Highland lake high water line_ crossed; thence in a southeasterly direction along said high water line to the place of beginning, being about three-, fourths of an acre, •more or less; also together with the NE', of the. !Pe', of said Section 8; together with all ditch and water rights appertaining to said premises, including 1', snares o' the capital stock of The "ighland Ditch Company, 2 shares of the capital stock of h•• i't•ghlandlakc• Lateral pitch Company and 4 shares of the capital stock of '•e '"apply :,itch Company and 70 acre feet of water allotted to said land by the ',ortherr• Colorado Water Conservancy District; also -except land con/eyed t.y quit claim deed -recorded in book 414, at 1'dge 213. Weld court/ Records; with all its appurtenances, and warrant the title t•; the sari• :,h;ett, to .,fly lien of the Northern Colorado Water Sr,nservanc7 ::J strict, the •. r:rgrl;r.t. toil Crnnsenvatloniiistrict and the; .,•rt 5.4') .. "'.i-r• , di.•1 any ex(sting right of way for railroad:, •fitcr"et, ar•:' r;'.. fe,.empt. under the provisions of Section 39-13-104(m), C.R.S. 1973, as amcndedi Ji 1014 PIT 0194h929 12/0S/e? 0:r:5? S5.fir: 2/0t:3 F' 1963 MAP? ANN YEri7EPSTA'ji Cl.?;??• 7.-PECC0PbEP WELD CO, C(�. (vacant lar•d; Ia,.0 I .t .i.: real- property tame,. for 19!3 which tyranteer, dstume and a9rCt. to pay; (d eI'thts, resr•rvatlor•., re•,- trictions,rights-of-way and cpccial districts, if any, of record. dnc S,1'111•d Itu`- 1st. f jAY , f No./outer SI•Ii- I1 (?111Ai/.Iirt 1 County of. Rouble:r j„iry'.dni'. of kovelnber . 11'.i;3• WAL'LP 40'. T ltVnJY... 51y rnlnnnl(IId1 rv.jnrn'4 2-.187Y '1441p/•ss u,v hand ;I dl tiff Ina! sral first P. 0. Bum 75? Lonymont, CO E.0501 So PIE %%arrant,' I/rrd—ihorl Form is .ai.-+r.^,:„ Signed thlt STATE OF C0L0pAD0 County of tL4J It %aJ4&d The foregcLrg instrument vas acknowl edged Lef ore m: thin dry of ! / .N 19 !u , L' r ' A '- i ...��/fl CJ X�.IJs..__, /� ! ..!! Gv:G. ��✓�.7 clay of 4l- ijclea ...• ,! • 04 ..6 My cumin' sti on exlarer, /X GCGf r /,/,24 Wit heel, my hard and .off li: layseal. v!,, ary Pcblic 'r.l ll;S ih1 r, 7/ dn! 0 /c: t?'Al/'r. 17 �/ / pp STATE T CO1ZRADO dl .�. �,{�( 71+,�{. ,: o.urt, cf.//ft-it,p. ( .i6</ The 1sr-„tcing loci rureens wasackLow:•: h el i.,, for a mu this <i-- day PA. ..LuiLnlL L'i_. 197::: • I,! / . 1 <<:<A ,'t fit ;11rl6!/1 / 'r/{. f..<. My -..:.Is:4:: 0x1.12,:;. <i et e? /1, {4J/ Bat..(.,: r, hard :slid :..l('.:d1.1m:;11 icrar/ I^a I1•. 19 P'7/7L 01 (J&IGNAI/t Covhty rr J.r.eq,eri The forciceing l et, trucrer'.t vas aek(r,w1,.dgee lee,fc r.h•.me Ii';S ], day of ikrv!nlirt 13• by (.xi: My ccvur!issic-: r.xji tea rr''t.lr•t 1',1-•: Mil.ner.« r/ herd end :A f1,: ial Keel. r•/ i•ul.l is lartnn,, (7) I/dill. R 1014 RE:C 0194F,929 12/05/63 09.:5: .$9.00 3/003 F 19f:4 MARY ANN FEUEPSTE:IN rr.EIRY L PEC0RDEP WELD CO, CO a C - CO t., er .a .z mrre In C' O n c. r -J 14 1a.ai,, g..0/ da.a A -w JAH 27 167 ■....++e. s. 149958/1 -�ut�. �....t... Tess Dczn.Y%de this day of NOVEMBER , 1966 ,between ELLIS I. Svt?Oi, of the City aril County of Denver ,elate.! 'Colorado, at the first part, and %. alter Nottingham, Elizabeth L. ottingham and 1Qtthertne Notttrdnem RatR. Tula !een. of the County of Boulder and fltate nt CnlnrnAo, nt the .e..n.d pert -. wITs'y:s,gxl'fl, Thal the mid put y et as first part, tow and L eoeaed.retlae a On aunt d TEN DOLLARS AND OTHER GOOD E. VALUABLE CONSIDERATION' wf1g4 Yltter to the nil part y of the hint part k hand paid by the mid pertiw of rho mown.& part, the nmaip$ wherne( le krreby e.nehad and ae.Lae.M.ywt, )as rectiva, raceme& .okt, eat nrl and gat claimed, and by thee* prevent. an nn remise. rtl.aee, .. 1. enemy and quit .1a1v. man the said p.rtlee M part, their ban awl magna toner, aM in tensney in Pan wan bat in joint tattooer', all the right, title intermit, eintm and demand which the and party of tae fiat part lea a M ravel a W fellow -ink t.wrih,d bees or parer. s nf land situate, Etna and being in the Cnnnb e,' Weld and fit at. a Celnradn t....ri.. An undivided one -hall (1.721 Interest In and fn the following de -nit -e4 property, That part of the southeast quarter (S.S.k) of the southeast quarter (S.s.*), of &recite fire (3), is township three (3) north, o range sla',-eight (68) west, that lies southeast of the Need lateral Ditch, except such tracts as haveentiheretotth elf (NA) of tto he he Highland Lake teservoir Company; northeast quarter (l.L.k). of section sight (8), in township threes (3) north, of range el -Try -eight (68) west, excepting seeenLecn and one-half (i7)) acres, more or less, out of the northeast corner them of heretofore deeded by Mary A. towed to Lorin C. Head. end one and one-half (11) acres out of the.northwest corner thereof heretofore deeded [o the Highland Cemetery Association, and also excepting a rain tract in the southeast corner described as follows: Commenciag at a point on the east line of said A.t.k, where on the first day of December, 1891, the Highland Lake hgh seater line crossed the said east line of the N.t.k of said Sec. 8, thence south to the southeast corner of the said N.} of the N.L.} of said Sec. 8; thence west on the south line of said ea of the A.t.k of said Sec. 8, 20 rods; thence north at right angles with said south line of said s.a of the A.t.k, of said S.C. 8 to where on the first day of December, 1891, the tillchlatt.d take high water line crossed; thence in a southeasterly direction along said high water line to the place of beginning, bein, about three -fourths of an acre, &pro or less; also together with the northeast quarter (A.t.k) of the northwest quarter (11.V.%) said section 8• together with all ditch sad water r!_hts appertainingto saidpremises,including one and one-half (l}) „ i of ikacapital O ale.ot 'e. �°1c 0 Thnite tpZyiag w( ) and Enwt !a t� a�a ps=ffooCth ocappit inthofsataii alas ♦ Lott to tohsa�ji'tttfdazpp�4 y the Co ha servancy 14, atctpi•gs a. 7e=ory �II C �witta r ine book 41 at maims 2tth i r t Osldefaou�bs aQtin tenancaa.Co sr do et C C A CO C �eno alb eoC CO tat C „ g t a ysys Frouric D :toiler t� Y any silo !1^lII�'rD yQ aka jjeratDr u.d• n.�oc t f• a[f, rights of ear r sa , 1 i net K: l m 578 1.4995M TO HAVE AND TO FOLD the mate, tegather with all sad etaatiar the appwieaanns and FAvt- lova tb.eweete knionglna or le anywise theoennta appertaining, awl all the meat., right, title, Iwiaraet, and elalm whatanrter of the mid party of the find part, either In Ian or amity, nets the Mid paths of the second part, their heir. and awilgns forever, not In tenuity fn eoe non bat it )(dirt nnaney. IN WITNESS WRRRE0F, The wild party of the first pert ha n hennnto Ma hand and seal the dip sad yen first tabors written. w // Inane& gamer! awl Deli erect in the Drente of ... CLUB 1 • BOBQL S7A_'$ OF COLORSDKt, CM, AND f>nmt7 of DENVER F The (weriaa itetnnnl wee ar erafedged Wore — lily / 7'/ L day of NOVOflibll 1866 .b7 iron rrpirr / - l 7 e"- Im7 send swot fence' n nY d N.VJ.,f c Ly nut 1. SOP,OL- l7/jef•a S /ter =t Os, Ha N., w eon curt n® -t. ,a. rasa -a. wa+r_ vitas tams. team art bait, nw.s, Wins 3 cc a.. —coed r_ _ ant F} .t t ?!!1499588 9 Th78 Mew "web _,4_. r. n Tats Dtrn.:i.de this day of NOVE3.'ffi'rP. 19 f h , netweec LLLIS j.:108')L of toe Guy and ('Minty of L !'nvet , nuts of tldoradgef the futtp,-t, anal W aU r Nottin;harn, Llli.]beth L. Nottingham ant' Cetherife Not fnghea.Rsiq Trust -ace. of the County of I ',.Mr.4n, ,-1 ihr aer.nwf part iir1/4J•dcr (and finite of \i1T!•;FRRi?Til. That nu aced t arty '4 0. twat part lea erA In ..a4,i•rdee' of (h. Mal of TEN t OLLARS AND nTI rR GC, D A VM.L.UA(SLC CONSID:MT(ON DAYSHI/lff to the said party of the (fret p rt :n band paid by the mid parties rrf the aee-md pert, the receipt r —,f M S.n+r entrotni end • la.rwlriced, !a 5 missal, rdr+ecd s k& to"nyeI and qdt ..tai, -..1 et i. Ono, rres...ntn Ae en rit tw, ralesw, t.tt nen,. and quit client wnto tip ,wit pea tiw of ti» .eoaA tart_ their lairs and wilt t tuna, tact in tenancy to enatee% lnt In ?tint Inane an the P.O.' title inter.at_ e'wim ant den and whiet the said petit y o -f Ue flirt part ba a tai and to the fntkrw nc darn -beet hat o or par,,ei d lend amnia, fyi'nt and >nen in the '.' etc! " wt. d C,dw. to t�wtt An urel:Nd+ti: r;t>r-`.tl: (i/'e ins! in and to the following Cr eca-Vaea property) That part of the tout -hoist quarter (1.1.3/41 of the southeast quarter (i.R.k). of section fire (5), in t',wnship thrso (9) north, o range silty -eight (68) (rtes:, that lies southeast of the Plead Lateral licch, except syn. tracts .,e have been heretofore coontryed to The , Hasnlaad Lana- Reservoir Cotpany; and the north half (14.) of the I northeast quarter (s.r.}), of section eight (8), in township three (3) north, of range sixty -tight (68) vest, accepting seventeen and one-half (171y) acres, more or less, out of roe northeast cornet there - ,,f heretofore deeded by Katy A. Pound to Lorin C. Mead, end ins and one-half (14) acres out of the,aorthvest earner thereof heretofore t� n, deeded to the Highland CeetteAssociation, anal also excepting a c tain tract in the southeast corner descri das 1low!!he rat day ns at a point on the rapt line of said q.&.1, where on c of December, 1891, the Highland Lake high water line crossed the said east line of the H.S.k of said Sec. 8, thence southto the southeast corner of the said MA of tun %t.4 of said Sec. S; thence vest on the south line of said H.4 of the H.t.►t of said Sec. 8, 20 rods; thence north at right angle! with said south line of said Nall of the N.I.k, of said Sec. 8 to whirs on the first day of Decwher, 1891, the HighLand Lake high wets: lira crossed; thence in • southeastern direction along said high writer line to the place of beginning, be about three -fourths of an airs, more or less; also together with the northeast quarter (ll.t.)O 01'. the northwest quarter (tl.H.k) of said section 8• together with all ditch and water rights appertaining to said premises including dor* sod one-half (L4) shares of the capital of o 11 () shares of the capita i Qsooth o 'Mslire .ckd e t a ywan qv� ) /7At�� t � ,Ali1.4i pt feet ter stock o.ott°f Thtoe Lateral- Al "aft' inabookf 14, at ppigs 2J3 , a We yr tecardaguwlth Ili YpuF- and Print th title to t Sat s'ub rc to the tar thnfl �9 A tram, dwelt �ecm� o arr. Mcur ar a�isG��o ,,oa ▪ Hat 11z9 Pxvtecand r eta *ny 9 istiag mete o and s t ditches t rig�ts of waq far cal resda. 578 14!J9 88 a-2 TO IIAI'E AND TO HOLD the same, together with all and aingnlar cut apparteaanca and privi- leges thereunto Worrying or In anywise thereunto appertaining, and All the estate, right, title, interest, and claim whatsoever a the said part y of the tint neer, either to tavr ar *.tiny, ante the said Lartica of the reeend part, their heirs and soar Caner, not in tenancy In remmntt but In joint tenancy. IN WITNESS WHEREOF, The said part y of the first part has lent and real the day and roar first chore written. titgned. Seeded and Delivered in the presence e( STATIC or COWRAlld, {}1 CITY AND (aunty of DENVER F hereunto pet hie .................(SISAL) (SEAL) The ttrnfltaw LmKmmas.t wag aekncwledgw7 briery rev this I� , by LLLIS ]. SOBOL. 0.j DO~--' onexpirea 2 3 -G% tt: . hind ana .,tixial .cal. V t 7 ..141E Of `. -7 7 /. day attic/re A..212w. 36'•--�. star Pula. }tw 1"{i (Km CLAM pa>a- t Vin T.+ Y'.. ♦iW.+ brew. IS* Newt — Dem. Olt•• 3 „ourn Y C‘4 t1 , 5; 7 pcs ax.,d.d at..._e1Q.'.�.._(d et..Rx. _ Rent tkw Na t a:)s) i rte ,,,_ .0MLIPOwn....a«ordrr. JAM 191961 C• �- r C a O O 0 THIS DEED, mass tab terns a-� dq .t NOVEMBER. .1166. Walter Nottingham and Elizabeth E. No1Ut ;'tam of es Cownty of Boulder and nate of e.1.,.dn of ue first part, and ELL1S J. SOBOL of the City and foist! of Denver and .ar. of l .khraM ot N. arms part. Rrrxrrrnt. That told part tenet a4 nn part. far o.a t. e..4 nttma at he ham of ITN OOU MkZ AND frith OOOD F. VALWW .P.0 CONSIDCMTIQN _ to the said part [es of the lint part n hand pall by th. laid pare .artof Mar/ and pert, Ms q� CiAwept w� N herby contrived as aetm,wt .htaf, MYC reused, missed, „t ,y, .+.,•.l twat. ,w. pia -at• •,^ r.antr.. r.t......A1, 'wormy .ua OCTET MAW .,n. e...a l woolly hit MM, ert.uon taut isles. fume,. all Its melt, UUa, tit nwl ditto awl lmaaw t wtfeh Urn an part tea of Os lint part Myggod to the sr Weld owmr 4mT*Msed ot or erPet or a of a., red Amide, blot pm. ..pm b Nw quarter (s.E.k), of ssrtim fire (3), in township throe (3) north, e ll That part of the earthiest quarter (Safi) of the ecvthmst rage sixty-eight (68) west, that lies southeast of the need Lateral Ditch, except such tracts as have been heretofore cwnd..;s.1 to TM Highland Take Reservoir Company; and the north half (N. ) of the northeast quarter (N.E.k), of section eight (8), in township three (3) north, of range sixty-eight (6u) wet, excepting seventeen and one-half (171) acres, sore or Less/out of the northeast corner there- stil of heretofore deeded by Mary a.. Pnfbd to Lorin C. Maad, end one and one-half (111) =tat out of the.northwest earner thereof heretofore deeded to the pighland Cemetery Aaeociatien, and also excepting a e Cain tract in the southeast corner described as Lotion: Camfenetng at a point on the east line of said H.S.}, where on the first day of Decraber, 1891, the Highland Lake high water line crossed the said east line of the N.E.} of said Sec. 8, thence south to the southeast corner of the said N.1 of the N.E.} of said Ccc. 8; thence welt on the south line of said Na of the N.E.} of said Sec. 8, 20 rods; thence north at right angles rich said south lint of said X,1i of as P.E.}, of said Sec. 8 to where on the first day of December, 1891, the highland lake high water line crossed; thence is a southeasterly direction along said high water line to the place of beginning, beta about three -fourths of en acre, more or less; also together with the northeast quarter (N,E.}) of the northwest quarter (N.H.}) of said section 8• together with all ditch and water rights appertaining to said prat lulling and one-half (( 1 shares of the capital loot 7 a kl an� (2 Marta of the caepual �� u a y and �four �4) as f cMoea�itaT stet q The l e�idD ache: rtriiti erigutaR �t �o wtt� e to fat cat old tar a ett to sa tt inrbook74 D4, atct- appage is Die tO book , , ac et t all tot sew and e taoaoass, oio q{ gro /" pet en Djas flict and a riser l tests&&Di 1St 1IIS rlgtiCS of waycar we .reads. f sin and rOt • 1 14:391 8'7 vs" 57? TO HAVE AND TO HOLD the same. beanie with all tad dartn the appaMmMN and pri lean fheAenta Wearier or M .n7wbe tbernmrto sptare.mmg, end an tire nute, right, IRN, Mfenet smf rhea whoteror er, e( IAw soli pan Ica et IAe Ant pro Allot Is he et opelr7, M U.S falls proper ae.. I,aent std UMW at fM .Ml nri Y fit the ..end rat, ht4 .mow. farawer. IN WITNESS wutltto►,TM said part OS of the first put MVO ten m to net their hand and seal S the d r aa4 rat tint ahem written. /J Signed. Seated sad Dithered 6 the t.....re of STATE CIS Ctitft&b0. oC�l%r'Cf' Wa1 RRAIA .._.. ( ......._V ..,. ..._...(READ Elizabeth T.. N rttigtarm ttHAVI Clt?• S"a"t' ed Deanne Tha foment laetromrmt wu ukaowiedttd Slott ma this / T VI Or c( . HOVVtM!t t 15 GG .tv Walter and Elizabeth E. Nottingham. 6L} totai.alea cairn / - >- 7 JO G 1. Wham m► had and *MEW ent. `�e ToO 4;r(rt1 c;tpRY '\ % r .e' ''& I„ f is, :147.4.—e.,rce,„ ....,............. 214: • •lea{ samr.I r•ra"r ee liar" ti to on t w n.nfa t titan+ s. +at t. s/+'try �t u [tem rN rut t6.n m..rt 4m. ��r p.ewm u rereernr..nnrnlf•e.rdt er emrr <rNra fir e..enerMal n fie MIM n/ ail, .'un m.... M waw urt...r ..rM1.... .. rw er..�n..l .w u,Lrr armor. H ...a a+Wb+ a,rM n.—erw..+n ,r,G,..'7:,1g-..s , e...... ntr. ifs PSI. QUIT Ant n®.-aM..L5Yie. Y.YsC Cowmen, I2 - arw*Snot b.c.-'. C.4 1. LITTLISTHOMPSON WATE•DISTRICT Directors: Alex Sauer, President Jim Cooper Kathy Gallivan-Crist Mac Juneau Paul Bukowski Richard Macomber Gary Olson Michael Litzenberger 14661 WCR 5 Longmont, CO 80504-9642 Dear Michael: September 24, 2009 Jim Hibbard, District Manager 835 E. Highway 56 Berthoud, CO 80513 P 970.532.2096 F 970.532-3734 www.LTWD.orp This letter is in response to your request for a service commitment for up to 2 residential taps in the proposed Recorded Exemption described as follows: PORTIONS OF SE 1/4, SEC. 5, T3N, R68W -- WELD COUNTY, CO The proposed R.E. is located just West of WCR 5 and South of WCR 36. The District provides water service within its service area as defined by the District. The provision of water service by extension of existing water lines of the District to the above property and the installation of taps for lots is done under the terms of the Rules and Regulations of the District established by the Board of the District from time to time. You may obtain a copy of the Rules and Regulations from the District. This letter outlines the provisions of the Rules and Regulations, however this letter does not change any provisions of the Rules and Regulations. The Board of the District may alter and amend the Rules and Regulations at any time, and the provisions of this letter are subject to alteration and amendment based on changes in the Rules and Regulations of the District. We currently have a 6" diameter water line located at the intersection of WCR 5 and WCR 36 with additional capacity available Therefore, we can commit to provide service to the above property, subject to the limitations in this letter, for one standard residential 5/8" X 3/4" water tap per lot; and the following additional limitations on the provision of water service are: 1. All improvements to District facilities required to provide service will be the financial responsibility of the developer in accordance with the District Rules and Regulations. All improvements must conform to District Specifications. 2. There is a $2,000 fire hydrant fee (per hydrant) that needs to be paid prior to installation of the fire hydrants. You will be responsible for any improvements or upgrades needed to meet the required fire flows in your subdivision. 3. In order to provide the required flows to the subdivision you will be required to install a minimum 6" Diameter water line along WCR 36 to serve the lots. 4. You will be required to provide the needed water lines in the proposed subdivision. 5. The design, installation and total cost of the project will be the responsibility of the developer. Final construction plans for the water lines will require review and approval of the District prior to construction. 6. Prior to initiating water service, you will need to provide evidence that the property is included in the Northern Colorado Water Conservancy District as well as the Little Thompson Water District. You will also need to have the property included in the Municipal Sub District of the Northern Colorado Water Conservancy District. This commitment letter will expire two years from the date of this letter if the taps have not been purchased, paid for and installed by that date of expiration. The current fee for the domestic 5/8" X 3/4" tap is $23,100. YOU ARE HEREBY ADVISED THAT THE RULES, REGULATIONS AND TARIFFS OF THE DISTRICT ARE SUBJECT TO CHANGE WITHOUT NOTICE; AND THIS LETTER IS ISSUED WITH THE SPECIFIC LIMITATION THAT THE DISTRICT MAY CHANGE THE RULES, REGULATIONS AND TARIFFS APPLICABLE TO THE ABOVE PROPERTY AT ANY TIME WITHOUT NOTICE TO YOU OR ANY PERSON. If you have questions, please contact me. Regards, %Michael T. Cook District Engineer Hello