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Home My WebLink About20093191RESOLUTION RE: APPROVAL OF RECORDED EXEMPTION #4963 - JOURNEY VENTURES, LLC WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, on November 30, 2009, the Board was presented with the request for Recorded Exemption #4963, submitted by Journey Ventures, LLC, P.O. Box 129, Greeley, Colorado 80632, do J and T Consulting, 1400 West 122nd Avenue, Suite 120, Westminster, Colorado 80234, for property which is located in part on the following described real estate, to -wit: Lot B of Recorded Exemption #4744; being part of the SE1/4 of Section 7, Township 5 North, Range 64 West of the 6th P.M., Weld County, Colorado being more particularly described in the plat which shall be provided by the applicant and known as Exhibit "A," said plat to be recorded, and WHEREAS, at said meeting the Board deemed it advisable to continue the matter to December 9, 2009, at 9:00 a.m., to allow the applicant and staff adequate time to negotiate the terms of a separate Road Right -of -Way Agreement and finalize proposed language for Conditions of Approval #3.F and #3.H, and WHEREAS, on December 9, 2009, the Board of County Commissioners, pursuant to its authority under Section 30-28-101(10)(d), C.R.S., did determine at a public meeting held in the Chambers of the Board, that a certain parcel of land, to be divided into two parcels, as shown on the plat known as Recorded Exemption #4963, does not come within the purview of the definition of the terms "subdivision" and "subdivided land," and WHEREAS, this request is to divide the property into parcels estimated to be approximately 91.78 acres and 1.6 acres. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the hereinabove described parcel of land be, and hereby is, exempt from the definition of the terms "subdivision" and "subdivided land." BE IT FURTHER RESOLVED by the Board that the application of Journey Ventures, LLC, for Recorded Exemption #4963 be, and hereby is, approved subject to the following conditions: 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. Topographic or physical features of the proposed Lots A and B, such as ravines, ditches, streams, etcetera, may limit the area available for a new or replacement septic system. Prior to recording the plat, the applicant shall review the Weld County Code, pertaining to septic systems, to assure that any installed septic system will comply with all setback requirements found in the Code. In the event the proposed 0a. Pt,A-PPL_ ,Rd 2009-3191 RE4963 lot is not of sufficient size to allow the installation of a septic system, the lot may need to be enlarged. 3. Prior to recording the plat: A. The plat shall be titled: Recorded Exemption No. 0963-07-4 RE -4963. B. Lot A shall use the existing access easement (Reception Number 3534670) as no additional accesses shall be granted. C. Lot B shall use the existing agricultural/oil and gas/ditch road access for any necessary agricultural operations as no additional accesses shall be granted. D. All approved accesses shall be clearly shown on the plat. The applicant shall contact the Weld County Department of Public Works to determine if a culvert is necessary at any approved road access point. If a drainage culvert is required, a 15 -inch Corrugated Metal Pipe (CMP) is Weld County's minimum size. If the applicant chooses to place a larger culvert, the Weld County Department of Public Works shall be contacted, to adequately size the culvert. E. County Road 51 is designated on the Weld County Road Classification Plan as a local gravel road, which requires 60 feet of right-of-way at full buildout. The applicant shall verify, and delineate on the plat, 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. F. County Road 58 is designated on the Weld County Road Classification Plan as a collector road, which requires 80 feet of right-of-way at full buildout. There is presently 60 feet of right-of-way. All setbacks shall be measured from the edge of future right-of-way. The applicant shall verify, and delineate on the plat, the existing right-of-way and the documents creating the right-of-way. If the right-of-way cannot be verified, it shall be dedicated. This road is maintained by Weld County. G. 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. H. The applicant shall enter into a written agreement to have USR #1687 submitted for recording on or before June 30, 2010. A copy of the agreement shall be submitted to the Weld County Department of Planning Services. The applicant shall provide the Weld County Department of Planning Services with a Statement of Taxes from the Weld County Treasurer showing no delinquent taxes exist for the original parcel. J. The following notes shall be placed on the plat: 1) All proposed or existing structures will meet the minimum setback and offset requirements for the Zone District in which the property is 2009-3191 RE4963 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 Section 23-3-10 of the Weld County Code. 2) Any future structures or uses on the site must obtain the appropriate zoning and building permits. 3) Lot A is not eligible for a future land exemption, in accordance with Section 24-8-20.C.1 of the Weld County Code. 4) Prior to the release of building permits, the applicant shall submit a recorded deed, describing the lot upon which the building permit is requested, with the building permit applications. The legal description on such deed shall include the lot designation and Recorded Exemption number. 5) Prior to the release of building permits, the applicant shall submit evidence to the Department of Planning Services that Lots A and B have an adequate water supply of sufficient quality, quantity, and dependability. 6) Prior to the release of building permits, the applicant shall submit evidence of approval from the Platte Valley Fire Protection District to the Weld County Department of Building Inspection. 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 which meet the definition of an Agricultural Exempt Building, per the requirements of Sections 29-1-20 and 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 Department of Planning Services, and an electrical and/or plumbing permit is required for any electrical service to the building or water for watering or washing of livestock or poultry. 9) Effective January 1, 2003, building permits issued on the proposed lots will be required to adhere to the fee structure of the County -Wide Road Impact Fee Program. 10) Effective August 1, 2005, building permits issued on the subject site will be required to adhere to the fee structure of the Capital Expansion Impact Fee and the Stormwater/Drainage Impact Fee Programs. 2009-3191 RE4963 11) 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. 12) The Weld County Right to Farm Statement, as it appears in Section 22-2-20.J.2 of the Weld County Code, shall be placed on the plat. 4. The applicant shall submit two (2) paper copies of the plat, for preliminary approval, to the Weld County Department of Planning Services. Upon approval of the paper copies, the applicant shall submit a Mylar plat, along with all other documentation required as Conditions of Approval. The Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder by the Department of Planning Services. 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 of the Board of County Commissioners Resolution. The applicant shall be responsible for paying the recording fee. 5. In accordance with Weld County Code Ordinance #2005-7, approved June 1, 2005, should the plat not be recorded within the required sixty (60) days from the date of the Board of County Commissioners Resolution, a $50.00 recording continuance charge may be added for each additional three (3) month period. 6. The Department of Planning Services respectfully requests a digital copy of this Use by Special Review, as appropriate. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles or ArcGIS Personal GeoDataBase (MDB). The preferred format for Images is .tif (Group 4). (Group 6 is not acceptable). This digital file may be sent to maps@co.weld.co.us. 2009-3191 RE4963 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 9th day of December, A.D., 2009. ATTEST: Weld County Clerk to the B BY: Lit/t€ 4. 1 ,ail ( Deputy CI rk to t e Board J APPROVED'AS TO- FO M Coirtiity Attorney Date of signature: BOARD OF COUNTY COMMISSIONERS WELD COUNT] COLORADO ougl.. Rademacljer, Pro -Tern Sean P. Conway EXCUSED Barbara Kirkmeyer EXCUSED David E. Long 2009-3191 RE4963 / ��F1PiIs DEPARTMENT OF PLANNING SERVICES RECORDED EXEMPTION ADMINISTRATIVE REVIEW PLANNER: Michelle Martin HEARING DATE: November 30, 2009 CASE NUMBER: RE -4963 APPLICANT: Journey Ventures, LLC c/o J & T Consulting Inc ADDRESS: 1400 W 122nd Ave, Suite 120 Westminster CO 80234 REQUEST: Two Lot Recorded Exemption LEGAL DESCRIPTION: Lot B of RE -4744 being part of the SE4 of Section 7, T5N, R64W of the 6th P.M., Weld County, CO PARCEL NUMBER: 0963 07 400002 PARCEL SIZE: +/- 93.38 Acres ZONE DISTRICT: Agricultural WATER SOURCE: Central Weld County Water District SEWER SOURCE: Septic system The Department of Planning Services' staff has reviewed this request and recommends that this request be denied for the following reasons: 1. It is the opinion of the Department of Planning Services' staff that the applicant has not shown compliance with the following criteria as listed in Section 24-8-40.A through 24-8- 40.O of the Weld County Code: A. Section 24-8-40.M states "after March 1, 2004, the proposed recorded exemption is eligible for land exemption if it is not part of: 1. The largest lot of a recorded exemption which was recorded within the last five (5) years. 2. The largest lot of a recorded exemption which was done in conjunction with a subdivision exemption which was recorded within the last five (5) years. Lot B of Recorded Exemption RE -4744 was recorded on February 11, 2008 under reception number 3534670 therefore Lot B is not eligible for an exemption until February 11, 2013. 2009-3125 Should the Board of County Commissioners approve this request, the Department of Planning Services' staff recommends the following conditions be attached: 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. B. Topographic or physical features of the proposed Lots A and B such as ravines, ditches, streams etc. may limit the area available for a new or replacement septic system. Prior to recording the plat the Weld County Department of Public Health and Environment recommends that the applicant review the Weld County Code pertaining to septic systems to assure that any installed septic system will comply with all setback requirements found in the Code. In the event the proposed lot is not of sufficient size to allow the installation of a septic system the lot may need to be enlarged. Prior to recording the plat: A. The plat shall be titled: Recorded Exemption No. 0963-07-4 RE -4963 B. Lot A shall use the existing access easement per Reception Number 3534670 as no additional accesses shall be granted. C. Lot B shall use the existing agricultural / oil and gas / ditch road access points necessary for agricultural operations as no additional accesses shall be granted. D. All approved accesses shall be clearly shown on the plat. The applicant shall contact the Weld County Department of Public Works to determine if a culvert is necessary at any approved road access point. If a drainage culvert is required, a 15 inch Corrugated Metal Pipe (CMP) is Weld County's minimum size. If the applicant chooses to place a larger culvert please contact the Weld County Department of Public Works to adequately size the culvert. E. County Road 51 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 and delineate on the plat 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. F. County Road 58 is designated on the Weld County Road Classification Plan as a collector road, which requires 80 feet of right-of-way at full build out. There is presently 60 feet of right-of-way. An additional 10 feet shall be delineated on the plat as future County Road 58 right-of-way. All setbacks shall be measured from the edge of future right-of-way. The applicant shall verify and delineate on the plat the existing right-of-way and the documents creating the right-of-way. If the right-of- way cannot be verified, it shall be dedicated. This road is maintained by Weld County. 2IPagC G. 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. H. The applicant shall finalize the conditions of approval for Use by Special Review USR-1687 and submit an updated plat for recording to the Weld County Department of Planning Services. I. The applicant shall provide the Weld County Department of Planning Services with a Statement of Taxes from the Weld County Treasurer showing no delinquent taxes exist for the original parcel. J. 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 Lots A and B have an adequate water supply of sufficient quality, quantity and dependability. 6) Prior to the release of building permit, the applicant shall submit evidence of approval from the Platte Valley Fire Protection District to the Weld County Building Department. 7) Should noxious weeds exist on the property or become established as a 3Ipage 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) Effective January 1, 2003, Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County Road Impact Program. (Ordinance 2002-11) 10) Effective August 1, 2005, Building permits issued on the subject site will be required to adhere to the fee structure of the Capital Expansion Impact Fee and the Stormwater/Drainage Impact Fee. (Ordinance 2005-8 Section 5-8- 40) 11) 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. Weld County Right to Farm: 12) 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 41t'agc 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. 2. 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 SIPagz 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 of the Board of County Commissioners resolution. The applicant shall be responsible for paying the recording fee. 3. 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. 4. The Department of Planning Services respectfully requests the surveyor provide a digital copy of this Recorded Exemption. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles, Arclnfo Coverages and Arclnfo Export files format type is .e00. The preferred format for Images is .tif (Group 4). (Group 6 is not acceptable). This digital file may be sent to mapsco.weld.co.us. 5. The 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. Wage DEPARTMENT OF PLANNING SERVICES 918 10th Street GREELEY, COLORADO 80631 WEBSITE: www.co.weld.co.us E-MAIL: mmartin@co.weld.co.us PHONE (970) 353-6100, EXT. 3540 FAX (970) 304-6498 November 9, 2009 J & T Consulting Inc Attn: J.C. York 1400 W 122nd Suite 120 Westminster, CO 80234 Subject: Recorded Exemption (RE -4963) Legal Description: Lot B of RE -4744 being part of the SE4 of Section 7, T5N, R64W of the 6th P.M., Weld County, CO Dear Mr. York: This letter is to inform you that the above referenced Recorded Exemption has been reviewed by the Department of Planning Services. It has been determined that the application does not meet the standards of Section 24-8-40.A through 24-8-40.O of the Weld County Code; therefore the application should be reviewed by the Board of County Commissioners. This application is scheduled before the Board of County Commissioners on November 30, 2009 at 9:00 a.m. The Board of County Commissioners meet at the Centennial Center, located at 915 10th Street, on the first floor. The staff recommendation is included with this letter. Please read the Conditions of Approval carefully. If you need any further information, please feel free to contact me at the above address, telephone number or e-mail address. Sincerely, i Michelle Martin Planner II 7IPa • 46fcr, IIIOle COLORADO August 24, 2009 Journey Ventures, LLC do JC York J&T Consulting, Inc. 1400 W 122nd Av, Ste 120 Westminster CO 80234 • DEPARTMENT OF PLANNING SERVICES 918 10TH Street GREELEY, CO 80631 PHONE: (970) 353-6100, Ext. 3540 FAX: (970) 304-6498 Subject: RE -4963 - A Recorded Exemption located on a parcel of land described as Lot B RE -4744; Part of the SE4/S2NE4 of Section 7, T5N, R64W 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 Greeley and Kersey Planning Commission for their review and comments. It is recommended that you and/or a representative be in attendance at the Greeley and Kersey Planning Commission meeting to answer any questions the Commission members may have with respect to your application. Please call Greeley at 970-350-9770 and Kersey at 970-353-1681, 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 RECORDED EXEMPTION (RE) APPLICATION FOR PLANNING DEPARTMENT USE RECEIPT/AMOUNT # /$ APPLICATION RECEIVED BY DATE RECEIVED. CASE # ASSIGNED: PLANNER ASSIGNED: Parcel Number 0 7 6 3- 0 7- - 0 6- Ci O 2— (12 digit number - found on Tax I.D. information, obtainable at the Weld County Assessor's Office or www.co.weld.co.usl Legal Description L43-/ is dC QF_ Oa- 07-9 !CE'-i•7MySection '7 , Township 9.. North, RangeG'/ 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? Yes X No FEE OWNER(S) OF THE PROPERTY: Name: 'fa -r.' J Ver'f ta-5 Work Phone # 07.9 3?2 -60,-/Home Phone # Address: f'• o • ffv4; 129 City/State/Zip Code Crest. (z , C O 6'oG3Z Email Address APPLICANT OR AUTHORIZED AGENT (See Below: Authorization must accompany all applications signed by Authorized Agent) Name: 14/1 roait--1 -(1"-t) C, `'lto2K_ Work Phone # 0 ,3). 451-oa3f Ft6me Phone # (7?'? 222- 7 .3aEmail Address. Jc yybr k @J •- t C Gp.54,9 ^y Address' /Hot, L✓e-si land Ave j fzo tJr_a1 r.,; —rite/ Co Sc3211 City/State/Zip Code Lot A Smaller Parcel Lot B Lot C Lot D Water Source /WA /VM /ccntrrt !L -k! Type of Sewer NM F///d kepfr .c, Proposed Use Rr7 5 . GriKal Mir -kJ Acreage Existing Dwellings? If Yes, list address below: 144 If Yes, list address below:, / A% If Yes, list address below: If Yes, list address below: e property is vacant or unimproved write p 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 auth rizatig from all fee owners must be included with the application. If a corporation is the fee owner, notarize Ide �r t be included showing the signatory has the legal authority to sign for the corporation. 3/2127 Signature: Owner or Authorized Agent Date Signature: Owner or Authorized Agent Date l4( 7. Registered agent street address: ARTORG_LLC Document processing fee If document is filed on paper If document is filed electronically Fees & forms/cover sheets are subject to change. To file electronically, access instructions for this form/cover sheet and other information or print copies of filed documents, visit www.sos.state.co.us and select Business Center. Paper documents must be typewritten or machine printed. M" -Filed $125.00 $ 50.00 Colorado Secretary of State Date and Time: 05/18/2008 02:42 PM Id Number: 20081272295 Document number: 20081272295 ABOVE SPACE FOR OFFICE USE ONLY Articles of Organization filed pursuant to §7-90-301, et seq. and §7-80-204 of the Colorado Revised Statutes (C.R.S) 1. Entity name: 2. Use of Restricted Words (Many of these terms are contained in an entity name, true name of an entity, trade name or trademark stated in this document, mark the applicable box): 3. Principal office street address: 4. Principal office mailing address (if different from above): Journey Ventures, LLC (The name of a limited liability company must contain the term or abbreviation "limited liability company" "ltd. liability company" "limited liability co.", "ltd. liability co.", "limited", "1k", "LLc.", or "ltd." §7-90-60). C.R.S.) ❑ "bank" or "trust" or any derivative thereof 0 "credit union" 0 "savings and loan" 0 "insurance", "casualty", "mutual", or "surety" PO Box 129 (Street name and number) Greeley CO 80632 (City) Unite/CI States (Province - ([applicable,) (Country - if not US) (Postal/Zip Code) (Street name and number or Post Office Box information) (City) (State) (Postal/Zip Code) (Province— if applicable) (Country— ifnot US) 5. Registered agent name (if an individual): Leone Chris OR (if a business organization): (Last) (First) (Middle) (Suffix) 6. The person identified above as registered agent has consented to being so appointed. PO Box 129 (Street name and number) Greeley CO 80632 (City) (State) (Postal/Zip Code) Page 1 o13 Rev. 01/01/2008 • • • 8. Registered agent mailing address (if different from above): (Street name and number or Post Office Box information) 9. Name(s) and mailing address(es) of person(s) forming the limited liability company: (if an individual) OR (if a business organization) (if an individual) (City) (Slate) (Postal/Zip Code) (Province - (f applicable) (Country - ([not US) Leone Chris (Last) (First) (Middle) (Suffix) PO Box 129 (Street name and number or Post Office Box information) Greeley CO 80632 (City) Unifdlf)States (Postal/Zip Code) (Province - ([applicable) (Country- if not US) (Last) (First) (Middle) (Suffix) OR (if a business organization) (if an individual) (Street name and number or Post Office Box information) (City) Uf11Ina States (Postal/Zip Code) (Province -ifapplicable) (Country - [not US) (Last) (First) (Middle) (Suffu) OR (if a business organization) (Street name and number or Post Office Box information) (City) U /liteteJ States (Postal/Zip Code) (Province —ifapplicable) (Country - ([not US) (If more than three persons are forming the limited liability company, mark this box ❑ and include an attachment stating the true names and mailing addresses of all additional persons forming the limited liability company) 10. The management of the limited liability company is vested in managers ❑� OR is vested in the members El 11. There is at least one member of the limited liability company. ARTORG_LLC Page 2 of 3 Rev. 01/01/2008 • • • 12. (Optional) Delayed effective date: (mm/dd/yyyy) 13. Additional information may be included pursuant to other organic statutes such as title 12, C.R.S. If applicable, mark this box ❑ and include an attachment stating the additional information. Notice: Causing this document to be delivered to the secretary of state for filing shall constitute the affirmation or acknowledgment of each individual causing such delivery, under penalties of perjury, that the document is the individual's act and deed, or that the individual in good faith believes the document is the act and deed of the person on whose behalf the individual is causing the document to be delivered for filing, taken in conformity with the requirements of part 3 of article 90 of title 7, C.R.S., the constituent documents, and the organic statutes, and that the individual in good faith believes the facts stated in the document are true and the document complies with the requirements of that Part, the constituent documents, and the organic statutes. This perjury notice applies to each individual who causes this document to be delivered to the secretary of state, whether or not such individual is named in the document as one who has caused it to be delivered. 14. Name(s) and address(es) of the individual(s) causing the document to be delivered for filing: Leone Chris (Last) PO Box 129 (First) (Middle) (Suffix) (Street name and number or Post Office Box information) Greeley CO 80632 (City) Ura@t8' States (Postal/Zip Code) (Province — ((applicable) (Country— if US) (The document need not state the true name and address of more than one individual. However. if you wish to state the name and address of any additional individuals causing the document to be delivered for filing. mark this box ❑ and include an attachment stating the name and address of such individuals.) Disclaimer: This form, and any related instructions, are not intended to provide legal, business or tax advice, and are offered as a public service without representation or warranty. While this form is believed to satisfy minimum legal requirements as of its revision date, compliance with applicable law, as the same may be amended from time to time, remains the responsibility of the user of this form. Questions should be addressed to the user's attorney. ARTORG_LLC Page 3 of 3 Rev. 01/01/2008 • August 24, 2009 Weld County Department of Planning Services Attn: Mr. Brad Mueller 918 10th Street Greeley, Colorado 80631 RE: Journey Ventures, LLC Recorded Exemption Application Dear Mr. Mueller: • Journey Ventures, LLC has authorized J&T Consulting, Inc. to act as our authorized agent for the proposed recorded exemption application that was turned into your office this morning. Please coordinate any questions or requests you may have with J.C. York of J&T Consulting, Inc. he can be reached at (303) 457-0735 (office) or (970) 222-9530 (mobile). Cordially, Chris Leone Managing Member Journey Ventures, LLC P.O. Box 129 Greeley, Colorado 80632 • • Recorded Exemption (RE) Questionnaire Responses The following information addresses each section of the recorded exemption questionnaire and is separated into responses for each specific section. 1. Water Supply Statements Proposed Lot A The proposed recorded exemption Lot A will be used for archaeological preservation and research therefore no water supply will be needed for Lot A. Proposed Lot B The proposed recorded exemption Lot B is part of USR 1687 a Mineral Resource Development Facility including Open Pit Mining and Materials Processing and Asphalt and Concrete Batch Plants along with importation of resource material in the A (Agricultural) Zone District which has been approved by the Weld County Commissioners and the water supply for potable water would come from the Central Weld County Water District. An existing service owned by Journey Ventures, LLC currently serves Lot A of RE #4744. (See Attached Information from Central Weld County Water District) No irrigation occurs on the property as the previous water rights have been sold. 2. Sewage Disposal Statements Proposed Lot A The proposed recorded exemption Lot A will be used for archaeological preservation and research therefore no sewage disposal will be needed for Lot A. There will be no permanent buildings or houses allowed on the lot. Proposed Lot B The proposed recorded exemption Lot B is part of USR 1687 a Mineral Resource Development Facility including Open Pit Mining and Materials Processing and Asphalt and Concrete Batch Plants along with importation of resource material in the A (Agricultural) Zone District which has been approved by the Weld County Commissioners and if needed another sewage disposal system would be constructed per the Weld County ISDS requirements. An existing sewage disposal system (Permit # SE -0701068) owned by Journey Ventures, LLC currently serves Lot A of RE #4744. 3. Property Description and Usage Statement Proposed Lot A The proposed recorded exemption Lot A property is vacant land and there are no improvements. The property is not farmed. Currently there is minimal livestock grazing in the area of the proposed Lot A. Proposed Lot B The proposed recorded exemption Lot B is part of USR 1687 for a Mineral Resource Development Facility including Open Pit Mining and Materials Processing and Asphalt and Concrete Batch Plants along with importation of resource material in the A (Agricultural) Zone District which has been approved by the Weld County Commissioners. Prior to mining commencing the proposed Lot B will continue to be used for pasture for approximately 30-50 head of cattle and 10-15 head of horses. There are three oil/gas wells located within the proposed Lot B along with compressor/separator equipment and two tank batteries (two tanks at each battery location) as shown on the attached recorded exemption exhibit. Journey Ventures, LLC t JcT Consulting, Inc. RE Application Recorded Exemption (RE) Questionnaire Responses 4. A description of the location, size, present and future use of the proposed new lots that will be created. Proposed Lot A The proposed recorded exemption Lot A property is currently vacant land and the new Lot A will be approximately 1.60 acres in size. There is an existing barbed wire fence on the proposed southern, western, and eastern property lines. A new fence will be constructed on the proposed northern property line of the new Lot A. The new Lot A is located along the southern edge of the existing property and the western portion is adjacent to CR 51. The proposed recorded exemption Lot A is being created so it can be sold to The Archaeological Conservancy. The Archaeological Conservancy is the only national, non-profit organization dedicated to acquiring and preserving the best of our nation's remaining archaeological sites. The Archaeological Conservancy intends to establish a permanent archaeological research preserve on this property that will protect a location known to archaeologists and other researchers as the Frazier Site. A limited archaeological testing program conducted by SWCA Environmental Consultant determined that the proposed Lot A includes all of the historically important subsurface archaeological materials related to a Paleoindian phase bison kill. The archaeological materials are from the Agate Basin Complex and are more than 9,500 years old. They encompass almost all of the proposed Lot A and this is the only Agate Basin Complex archaeological site known in Colorado. In order to ensure protection of the property and the archaeological site, The Archaeological Conservancy will not allow any activities that may affect the archaeological materials. No permanent buildings or houses will be built, no construction or land use activities that may disturb the subsurface archaeological materials will be allowed, no farming will be allowed, and no livestock grazing will be allowed. Limited archaeological research conducted by qualified archaeologists may be allowed under controlled conditions. Archaeological research that may include limited excavation will be confined to small areas. When completed, all excavation areas must be restored to their original condition and appearance. Native vegetation will also be restored. The preservation and management policies employed by The Archaeological Conservancy will protect the archaeological materials at this location. They also provide the additional benefit of ensuring that the property becomes a permanent open space area protected in its natural state. Copies of the Archaeological Conservancy Articles of Incorporation, Bylaws, and the General Management plan for archaeological preserves are attached. Proposed Lot B The proposed recorded exemption Lot B is part of USR 1687 for a Mineral Resource Development Facility including Open Pit Mining and Materials Processing and Asphalt and Concrete Batch Plants along with importation of resource material in the A (Agricultural) Zone District which has been approved by the Weld County Commissioners. Prior to sand and gravel mining commencing the proposed Lot B will continue to be used as pasture for livestock. The proposed Lot B is approximately 91.78 acres in size and is adjacent to and west of CR 51. A new fence will be constructed on the proposed southern property line of the new Lot B. 5. A statement describing the unique physical characteristics on the site. Proposed Lot A The proposed Lot A includes a portion of the Kersey Terrace. This prominent geologic feature is a sandy alluvial deposit bordering the floodplain of the South Platte River. Other significant archaeological sites have been found in this same stratum at other localities. The outcrop is an important geologic indicator of places where Paleoindian period archaeological sites may be present. Journey Ventures, LLC J&T Consulting, Inc. RE Application Recorded Exemption (RE) Questionnaire Responses The Frazier Site is located within the proposed Lot A described in this recorded exemption application. The site is also within the Kersey Terrace alluvial deposits that outcrop in the lot. In fact, the site was originally discovered in 1965 by Frank Frazier, a professional geologist. The archaeological materials were eroding out of the terrace feature. He contacted Marie Wormington at the Denver Museum of Natural History (now the Denver Museum of Nature and Science) and she conducted archaeological excavations. The partial remains of at least 43 bison were documented. Stone tools characteristic of the Paleoindian Agate Basin Complex were found with the bison remains. The site is at least 9,500 years old and it is the only Agate Basin Complex site documented in Colorado. The Frazier Site is an extremely important part of Colorado prehistory and the remaining portions of the Frazier Site which are located within the new proposed Lot A will be protected and preserved in perpetuity by The Archaeological Conservancy. Proposed Lot B The proposed recorded exemption Lot B has two branches of the Plumb Ditch that are located in the north one third of the proposed Lot B. The North Branch of the Plumb Ditch is located adjacent to the north property line of the proposed Lot B. The South Branch of the Plumb Ditch is located at the north permit boundary of USR 1687 or the bottom of the north one third of the proposed Lot B. See the attached recorded exemption exhibit for more detail. 6. A statement indicated where the primary building envelope will be designated on any of the lots. Proposed Lot A No building envelopes will be designated on the proposed Lot A. This will be an archaeological preserve and open space area. No permanent buildings or houses will be constructed. Therefore, no building envelopes are requested. Proposed Lot B The proposed recorded exemption Lot B is part of USR 1687 for a Mineral Resource Development Facility including Open Pit Mining and Materials Processing and Asphalt and Concrete Batch Plants along with importation of resource material in the A (Agricultural) Zone District which has been approved by the Weld County Commissioners. Therefore, no building envelopes are requested with this recorded exemption. 7. Is there a Business or Use by Special Review permit on the property? If so will it be vacated or remain on the Recorded Exemption lot(s)? There is a Use by Special Review Permit for the property. Both of the proposed lots are part of USR 1687 for a Mineral Resource Development Facility including Open Pit Mining and Materials Processing and Asphalt and Concrete Batch Plants along with importation of resource material in the A (Agricultural) Zone District which has been approved by the Weld County Commissioners. The current USR 1687 includes both of the proposed lots, however the USR 1687 Plat has not been recorded and would be modified to remove the proposed Lot A from the USR Boundary prior to recording the plat. Proposed Lot A The proposed Lot A would be removed from USR 1687. Since the plat for USR 1687 has not been recorded this would be a minor modification decreasing the area of USR 1687. Proposed Lot B The proposed Lot B would remain part of USR 1687 and would be included within the boundary that will be platted for USR 1687. Journey Ventures, LLC L'- UT Consulting, Inc. RE Application • 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 ` lit"' "` yu+'�a-44n/ f -1 —C Phone 614,)3'% Z a "4Address eO, ak /29 Coy Cresiti State CA Zip ciUb32 2. Address or Location of Access '241$‘1 (✓ c t 5 8 Section Township 5 Range OP LA) Subdivision Rlock Weld County Road #: SA Side of Road Noel k Distance from nearest intersection 3. Is there an existing access to the property? Yes No # of Accesses I 4. Proposed Use: ( Permanent ( Residential/Agricultural ( Temporary ( Subdivision ( Industrial ( Commercial lot RE-ad0� RE_y e/'e,;z.I'+i�-f w•�— or ,4,Jal Sete, 5. Site Sketch Legend for Access Description: AG = Agricultural RES = Residential 0&G = Oil&Gas D.R. = Ditch Road ❑ = House n = Shed Q = Proposed Access + = Existing Access OFFICE USE ONLY: Road ADT Date Accidents Date Road ADT Date Accidents Date Drainage Requirement Culvert Size Length Special Conditions Installation Authorized Information Insufficient Reviewed By: Title (�( • • �� i y \\ , 5301 Central Avenue NE, Suite 902 Albuquerque, New Mexico 87108-1517 (505) 266-1540 August 24, 2009 To Whom It May Concern: As part of the approval process to acquire and permanently preserve a 1.6 -acre lot containing the buried artifacts and features associated with the Fraizer site, a Paleolndian archaeological site located just east of Greeley, Colorado, a question has been posed regarding possible alternatives to fee simple ownership as it relates to the long term preservation and management of this preserve by The Archaeological Conservancy. Over the past 30 years, the Conservancy has established about 400 archaeological preserves in 39 states. Out of that number, only 4 are held as archaeological easements, the rest are full fee simple acquisitions and none are leasehold interests. Leasing as an alternative protection mechanism to fee simple ownership: The Archaeological Conservancy has not employed leasing as a preservation technique. Our management plans are crafted to insure that the majority of the archaeological deposits within any given preserve remain intact and undisturbed even after 100 years of use and study. Archaeology is a changing science. We are constantly discovering new ideas and employing new excavation techniques. A new idea or new technique can only be tested on undisturbed archaeological deposits. One of our primary goals is to create a "data bank" of undisturbed archaeological deposits reserved for future study, a goal best achieved through fee simple ownership. Generally speaking, no more than one-half of a preserve's deposits would be excavated each century. Preservation Easements as an alternative protection mechanism to fee simple ownership: Many land preservation organizations, like the Nature Conservancy and the Trust for Public Lands, favor using the preservation easement tool to protect resources. Preservation easements are less expensive to secure than fee simple ownership. We find that this tool is quite effective in protecting renewable resources, such as open space, or a stand of trees or a native grass prairie. However, archaeological resources are non-renewable and therefore don't lend themselves well to protection through preservation easements, especially in the case of an easement violation by the underlying fee owner. If a stand of trees is Preserving the past...for the future. • cut down in violation of the easement terms, they will probably grow back in time. If an archaeological site is bulldozed in violation of the terms of an easement, the damage is permanent and irreparable. We have only accepted preservation easements to protect archaeological sites in cases where we have been assured that full fee simple ownership will be possible within the foreseeable future. Feel free to contact me with questions or comments at (505) 266-1540. Sincerely, i James B. Walker SW Regional Director 93'72.2 Pry PILED ARTICLES OF INCORPORATION OF THE ARCHEOLOGICAL CONSERVANCY I N .se of Y tang . 7sf. a$.s.sr- .:. AL5 -3 1979 sw Popery ration shall be THE ARCHEOLO- The name of this corporation N ro GICAL CONSERVANCY. are: II The purposes for which this corporation is formed 5 (a) The specific and primary purposes are to preser%e e �k ri historical archeological sites within the United States of America. (b) The general purposes and powers are to have and'" exercise all rights and powers conferred on nonprofit corporations under the laws of California, including the power to contract, rent, buy or sell personal or real. property, provided, however, that this corporation -shall' _ not, except to an insubstantial degree, engage in any activities or exercise any powers that are not, in further- ance of the primary purposes of this corporation. (c) No substantial part of the activities of this corporation shall consist of carrying on propaganda, or otherwise attempting to influence legislation, and the corporation shall not participate or intervene in any political campaign (including the publishing or distri- bution of statements) on behalf of any candidate for public office. III This corporation is organized pursuant to the General Nonprofit Corporation Law of the State of California. This corporation does not contemplate pecuniary gain or profit to the members thereof and it is organized for nonprofit pur- poses. IV The principal office for the transaction of the busi- ness of this corporation is located in the County of Los Angeles, State of California. V The names and addresses of the persons who are to act in the capacity of directors until the selection of their suc- cessors are: STANLEY I. ARENBERG 433 North Camden Drive Beverly Hills, CA 90210 PRISCILLA J. BOTHWELL 433 North Camden Drive Beverly Hills, CA 90210 JEAN V. OXLEY 433 North Camden Drive Beverly Hills, CA 90210 The manner in which directors shall be chosen and removed from office, their number, qualifications, powers, duties, compensation, tenure of office, the manner of fill- ing vacancies on the Board, and the manner of calling and -2- t • ti k L' holding meetings of directors shall be as stated in the Bylaws. VI The authorized number and qualifications of members of the corporation, the different classes of membership, if any, the property, voting and other rights and privileges of members; and their liability to dues and assessments and the method of collection thereof; shall be as set forth in the Bylaws. VII The property of this corporation is irrevocably dedi- cated to charitable, scientific and educational purposes and no part of the net income or assets of this corporation shall ever inure to the benefit of any director, officer or member thereof or to the benefit of any private persons. Upon the dissolution or winding up of the corporation, its assets re- maining after payment, or provision for payment, of all debts and liabilities of this corporation shall be distributed to a nonprofit fund, foundation or corporation which is organized and operated exclusively for charitable, scientific or educa- tional purposes and which has established its tax exempt status under Section 501(c)(3) of the Internal Revenue Code. If this corporation holds any assets in trust, or the corporation is formed for charitable purposes, such as- sets shall be disposed of in such manner as may be directed • by decree of the superior court of the county in which the corporation has its principal office, upon Petitio Y the Attorney General or by n there - the liquidation, in any person concerned in is aparty. a proceeding to which the Attorne Y General IN WITNESS WHEREOF the undersigned, being the persona hereinabove names as the first directors, have Incorporation. executed these Articles of STATE OF CALIFORNIA ') COUNTY OF LOS ANGELES ) SS. On this ' ' i_ day of EAN XO-LEY 1979, before me, of California.—�—' a Notary Public for personally appear the State ARENBERG PRISCILLA J. � STANLEY I. SWELL and JEAN V. the persons whose names OXLEy' known to me to be of Incorporation, subscribed to the within Articles the same. n, and acknowledged to me that they executed r... . ^VI;y ., Notary Puc a County and State a or sa State 9371V.Z AZ09oz9 CERTIFICATE OF AMENDMENT OF ARTICLES OF INCORPORATION FILED I. IMsato ofs As MM Carob OOP 0CT 1 1979 Poc0114 Iwclsi r 47:4+ STEVEN LE BLANC and RICHARD FORD certify that: 1. They are the president and the secretary, respectively, of THE ARCHEOLOGICAL CONSERVANCY, a California non- profit corporation. • :f. 1-• 2. By unanimous written consent of the Board of Directors of the corporation, the following Resolution was adopted:. "RESOLVED: That the Articles of Incorporation of this corporation be amended by the addition of the following, Article VIII: 'This corporation is organized exclusively for educational and charitable purposes within the meaning of section 501(c)(3) of the Internal Revenue Code of 1954. Notwithstanding any other provision of these articles, the corporation shall not carry on any cther activities not permit- ted to be carried on (a) by a corporation exempt from Federal income tax under sec- tion 501(c)(3) of the Internal Revenue Code of 1954 (or the corresponding pro- vision of any future United States Internal Revenue Law) or (b) by a corpora- tion contributions to which are deductible under section 170(c)(2) of the Internal Revenue Code of 1954 (or the corresponding provision of any future United States In- ternal Revenue Law).'" 3. The members of the corporation have equal voting power. Members entitled to cast five (5) votes have consented in writing to the adoption of the amend- ment, and the wording of the amended article, as set forth in the members' written consent, is the same as that set forth in the directors' resolution in Paragraph 2 above. -1- 4. The total number of votes entitled to be voted for or to consent to the amendment is five. STEVEN LE a Coresident �1 /Clnfln�'/ =J, (7144 RICHARD FORD, Secretary State of /l.kw//'c County of 4Nait(C. Steven LeBlanc, being duly sworn, deposes and says that the matters set forth in the foregoing certificate are true and correct of his own knowledge. SS. 1 Steven LeBlanc Subscribed and sworn to before me this/.Q day of::/.i`�(.I(�,,, (,,;,,/, 1973. State of i/ZuJ ))-Waie County of idtim lraio Richard Ford, being duly sworn, deposes and says that tha matters set forth 'in the foregoing certificate are true and correct of his own knowledge. I * et 6-,,,J A . h ftA- Notary Public • SS. Richard Ford Subscribed and sworn to before me this /,g day of :(n..c✓ 1979. r .i otary Public ._ .y.'1.w,:,2Axr:r',t A393389 ENDORSED Corporate No. 937W4, ED In..::c1::-" rc:zmry of Sbb CERTIFICATE OF AMENDMENT OF ARTICLES OF INCORPORATION SEP 2 5 1990 Mark P. Michel and James B. Walker certify that: I1A8(RIfONGEU,SecretrYolSz' 1. They are the president and the secretary, respectively, of THE ARCHEOLOGICAL CONSERVANCY, a California corporation. 2. Article I of the Articles of Incorporation of this corporation is amended to read as follows: "The name of this corporation shall be THE ARCHAEOLOGICAL CONSERVANCY." 3. Article VII of the Articles of Incorporation is amended by deleting, the first paragraph of said article and substituting the following: "The property of this corporation is irrevocably dedicated to charitable and educational purposes meeting the requirements for exemption provided by Section 214 of the Revenue and Taxation Code and no part of the net income or assets of this organization shall inure to the benefit of any private persons. Upon the dissolution or winding up of the corporation, its assets remaining after payment, or provision for payment, of all debts and liabilities of this corporation, shall be distributed to a nonprofit fund, foundation, or corporation which is organized and operated exclusively for charitable and educational purposes meeting the requirements for exemption provided by Section 214 of the Revenue and Taxation Code and which has established its tax exempt status under Section 501(c)(3) of the Internal Revenue Code." 4. The foregoing amendments of the articles of incorporation have been duly approved by the board of directors at a meeting held on July 7, 1990, at which a quorum was present and voting. 5. These amendments have been approved by the required vote of the members. We further declare under penalty of perjury under the laws of the State of California that the matters set forth in this certificate are true and correct of our own knowledge. September 18, 1990 • Mark P. Michel, Presiden k%C2- Jam -s B. Walker, Secretary By -Laws of The Archaeological Conservancy A Non -Profit Corporation July 15, 2006 Article I Offices Section 1. Principal Office. The principal office of the corporation for the transaction of its business shall be in the State of California, at a location designated by the Board of Directors. Section 2. Other Offices. The corporation may also have offices at such other places, within or without the State of California where it is qualified to do business, as its business may require and as the Board of Directors may from time to time designate. Article II A. Voting Members Section 1. Classes of Membership and Rights. There shall be one class of voting members of this corporation, which shall be comprised of the members of the Board of Directors. Voting and other rights and privileges of membership shall be equal and each voting member shall be entitled to one vote which shall be cast in person or by proxy. Proxies shall be signed, dated and filed with the Secretary prior to any meeting at which they are exercised. Section 2. Qualifications and Termination of Membership. To qualify as a voting member a person must be a member of the Board of Directors as provided in these By -Laws. The death of any Director or his resignation or removal as provided in these By -Laws shall automatically terminate the voting membership of such Director in this corporation. The election of a Director, either by direct election or through ex officio membership as provided in these By -Laws, shall likewise operate to elect such Director to the voting membership of this corporation. Section 3. Assessments and Dues. Memberships shall be nonassessable and members shall not be charged dues. Section 4. Transferability of Memberships. Memberships shall be nontransferable and nonassignable. Section 5. Meetings. A regular annual meeting of the voting members of the corporation shall be held, normally in July. Notice shall be given as for the regular annual meeting of the Board of Directors. Special meetings of voting members may be called in the same manner as special meetings of the Board of Directors, and a quorum for a meeting of the voting members shall be the same as a quorum for a meeting of the Board of Directors. Only the business that was set forth in the notice may be transacted at a special meeting of the voting members. Section 6. Powers of Voting Members. Voting members shall have the power, by majority vote, to elect Directors, to amend the Articles of Incorporation, to dispose of all or substantially all of the corporation's assets, to approve any merger and its terms, and to dissolve the corporation. 1 B. Non -Voting Members The following provisions apply only to non -voting members and all references to members in this Article II.B. shall be to such non -voting members. Section 1. Classes. The corporation shall have such class or classes of members as the Board of Directors shall from time to time determine. Section 2. Qualification. Any person who meets the qualifications established, from time to time, by the Board of Directors shall be qualified to become a member of the corporation. Section 3. Admission. Applicants shall be admitted to membership on making application therefor in writing; payment of the application fee, if any, and of the first annual dues, if any. Membership may be denied by the Board of Directors. Section 4. Application Fee. There may be a fee in such amount as may be determined from time to time by resolution of the Board of Directors charged for, and payable with, the application for membership, and such fee shall be refunded to the applicant if his application is denied. Section 5. Dues. The annual dues payable to the corporation by members of each class shall be in such amounts as may be determined from time to time by resolution of the Board of Directors. Section 6. Assessments. Memberships shall be non -assessable. Section 7. Number of Members. There is no limit on the number of members the corporation may admit. Section 8. Membership Book. The corporation shall keep a membership book containing the name and address of each member. Termination of the membership of any member shall be recorded in the book, together with the date on which such membership ceased. Such book shall be kept at the corporation's principal office, and may be kept electronically. Section 9. Nonliability of Members. No member of this corporation shall be personally liable for the debts, liabilities, or obligations of the corporation. Section 10. Transferability of Membership. Membership in the corporation is nontransferable and nonassignable. Section 11. Termination of Membership and Reinstatement. (a) By Resignation and Death. The membership of any member of the corporation shall automatically terminate (1) on his written request for such termination delivered to the President or Secretary of the corporation personally or by United States mail, such membership to terminate when the request is delivered personally or deposited in the United States mail; or (2) on his death. (b) By Nonpayment of Dues. The membership of any member who fails to pay his dues when they become due and within thirty days thereafter shall automatically terminate at the end of such thirty day period, provided he was given written notice delivered to him personally or by United States mail within ten days before the due date that such dues were due and payable as of said due date. In the event that such written notice is not given as herein required, then such membership shall automatically terminate for nonpayment of dues only if they arc not fully paid within thirty days after such written notice is eventually given and delivered to the member in person or deposited in the United States mail, postage prepaid, and sent to him at his address as it appears on the books of the corporation. 2 (c) Rights on Termination. All rights of a member in the corporation or in its property shall cease on termination of membership as herein provided. (d) Reinstatement. Any member whose membership is terminated as provided in this section, other than by death, may be readmitted to membership by meeting the requirements and complying with the provisions applicable herein to the admission of new members. (e) Expulsion. Any member of this corporation may be expelled by a vote of the Board of Directors. Article III Board of Directors Section 1. Number of Directors. The Board of Directors shall consist of at least five members and no more than twenty five members, until changed by amendment to these By -Laws as hereinafter provided. Section 2. Powers of Directors. Subject to the powers of the members as provided by law or as herein set forth, the Board of Directors shall exercise all corporate powers and manage the business and affairs of the corporation. Without limiting the generality of the foregoing, the Board of Directors shall have the following powers: (a) To select and remove any officer, agent or employee of the corporation; to prescribe such powers and duties for them as may not be inconsistent with the law, the Articles of Incorporation or the By -Laws; and to fix their compensation and require from them security for faithful service. (b) To conduct, manage and control the affairs and business of the corporation, and to make rules and regulations therefor not inconsistent with the law, the Articles of Incorporation or the By -Laws. (c) To fix and locate from time to time one or more subsidiary offices of the corporation within or without the State of California; to designate any place within or without the State of California for the holding of any Directors or members meetings; and to adopt, make and use a corporate seal and to alter the form thereof from time to time as in their judgment they may deem best, provided such seal shall at all times comply with the provisions of law. (d) To borrow money and incur indebtedness for corporate purposes; and to cause to be executed and delivered therefor, in the corporate name, promissory notes, bonds, debentures, deeds of trust, mortgages, pledges, and securities. Section 3. Election and Term of Office. The Directors shall be elected at each annual meeting of the voting members and, except as otherwise provided in these By -Laws, shall hold office for one year or until their respective successors are elected and qualified. From among its members the Board of Directors shall elect a chair, who shall preside at meetings of the voting members and the Board of Directors. The chair serves at the will of the Board until a successor is elected. The President shall serve as an ex officio member of the Board of Directors. Section 4. Regular Meetings. A regular annual meeting of the Board of Directors shall be held immediately after, and at the same place as, the annual meeting of voting members. The Board of Directors may provide by resolution the time and place, either within or without the State of California, for the holding of additional regular meetings of the Board. 3 Section 5. Special Meetings. Special meetings of the Board of Directors may be called by or at the request of the President or a majority of the Directors. The persons authorized to call special meetings of the Board may fix any place, either within or without the State of California, as the place for holding any special meeting of the Board called by them. Section 6. Notice. Notice of any meeting of the Board of Directors, shall be in writing and shall state the place, date, hour, and proposed agenda of the meeting. Such notice shall be given at least fourteen days previous thereto and be delivered personally or sent by mail, e-mail, or telegram to each Director at his address as shown by the records of the corporation. If mailed, such notice shall be deemed to be delivered when deposited in the United States mail in a sealed envelope so addressed, with postage thereon prepaid. If e -mailed, such notice shall be deemed to be delivered when sent to the appropriate address. If notice is given by telegram, such notice shall be deemed to be delivered when the telegram is delivered by the telegraph company. The attendance of a Director at any meeting shall constitute a waiver of notice of such meeting except where a Director attends a meeting for the express purpose of objecting to the transaction of any business because the meeting is not lawfully called or convened. Only the business that was set forth in the notice may be transacted at a special meeting of the Board of Directors. Section 7. Quorum. A majority of the Board of Directors shall constitute a quorum for the transaction of business at any meeting of the Board; but if less than a majority of the Directors are present at said meeting, those Directors who are present may adjourn the meeting from time to time without further notice. Section 8. Manner of Acting. The act of a majority of the Directors present at a meeting at which a quorum is present shall be the act of the Board of Directors, unless the act of a greater number is required by law or by these By -Laws. The Directors shall act in person or by written proxy, dated and filed with the Secretary prior to the meeting. Any action required or permitted to be taken by the Board of Directors under any provision of these By -Laws may be taken without a meeting if all members of the Board individually or collectively consent in writing to such action. Such written consents shall be filed with the minutes of the proceedings of the Board. Such action by written consent shall have the same force and effect as a unanimous vote of the Directors. Section 9. Vacancies. Any vacancy occurring in the Board of Directors and any directorship to be filled by reason of an increase in the number of Directors shall be filled by the Board of Directors. A Director elected to fill a vacancy shall, except as otherwise provided in these By -Laws, hold office until his successor is elected and qualified. Section 10. Compensation. Directors, as such, shall not receive any stated salaries for their services; but by resolution of the Board of Directors, they may be reimbursed for the expenses they incur, if any, in attending regular or special meetings of the Board. The provisions of this section, however, shall not preclude any Director from performing services for the corporation in any other capacity and receiving compensation therefor. Notwithstanding the aforesaid, not more than 49% of the persons serving on the Board of Directors may be interested persons. For purposes of this section, " interested persons" means: (1) any person currently being compensated by the corporation for services rendered to it within the previous twelve months, whether as a full or part-time employee, independent contractor, or otherwise, excluding any reasonable compensation paid to a Director as Director; or (2) any brother, sister, ancestor, descendant, spouse, brother-in-law, sister-in-law, son-in-law, daughter-in-law, mother-in-law, or father- in-law of any such person. Section 11. Removal and Resignation. A Director may be removed from office, for cause, by the vote of a majority of the Directors. A Director may be removed only after reasonable notice is given (at least fifteen days prior to removal) along with the reasons therefor; the member must also be given an 4 opportunity to be heard, orally or in writing, not less than five days before the effective date of the removal. Any Director may resign by giving written notice to the President or Secretary. Such resignation shall take effect at the time or upon the event specified therein, or, if none is specified, upon receipt. Acceptance of such resignation shall not be necessary to make it effective. Article IV Officers Section 1. Officers. The officers of the corporation shall be President, Secretary, Chief Financial Officer, and such other officers, including one or more Vice Presidents, as the Board of Directors shall determine. Any two or more offices may be held by the same person, except the offices of President and Secretary. Officers need not be members of the Board of Directors, except as provided in Article III of these By -Laws. Section 2. Election and Term of Office. The officers of the corporation shall be elected annually by the Board of Directors at their regular annual meeting. New offices may be created and filled at any meeting of the Board of Directors. Unless his term is terminated earlier by death, or resignation or removal as hereinafter provided, each officer shall hold office until his successor has been duly elected and qualified. Section 3. Removal. Any officer elected or appointed by the Board of Directors may be removed by the Board of Directors whenever, in its judgment, the best interests of the corporation would be served thereby. Section 4. Resignation. Any officer may resign by giving written notice to the President or Secretary. Such resignation shall take effect at the time upon the event specified therein, or, if none is specified, upon receipt. Acceptance of such resignation shall not be necessary to make it effective. Section 5. Vacancies. A vacancy in any office shall be filled by the Board of Directors for the unexpired portion of the term thereof. Section 6. Compensation. The salaries of the officers shall be fixed from time to time by resolution of the Board of Directors, and an officer shall not be prevented from receiving such salary because of the fact he is also a Director of the corporation. Section 7. President. The President shall be the principal executive officer of the corporation and shall supervise and control all of the business and affairs of the corporation, subject to the direction of the Board of Directors. The President may sign, alone or with the Secretary or any other officer of the corporation authorized by the Board of Directors, any deeds, mortgages, bonds, contracts, or other instruments which the Board of Directors has authorized to be executed, except in cases where the signing and execution thereof shall be expressly delegated by the Board of Directors or by these By -Laws or by statute to some other officer or agent of the corporation. In general, the President shall perform all duties incident to the office and such other duties as the Board of Directors may from time to time prescribe. Section 8. Vice President. In the absence of the President or in the event of his inability or refusal to act, the Vice President, or in the event there be more than one Vice President, Vice Presidents in the order designated by the Board of Directors, or in the absence of such designation in order of their election, shall perform the duties of the President. When so acting, the Vice President shall have all the powers of and be subject to all the restrictions upon the President. Any Vice President shall perform such other duties as are from time to time assigned to him by the President or by the Board of Directors. 5 Section 9. Chief Financial Officer. If required by the Board of Directors, the Chief Financial Officer shall give a bond for the faithful discharge of his duties in such amount and with such surety or sureties as the Board of Directors determines. The Chief Financial Officer shall have charge and custody of and be responsible for all funds and securities of the corporation; receive and give receipts for moneys paid to the corporation from any source whatsoever, and deposit all such moneys in the name of the corporation in such banks, trust companies, or other depositories as are selected in accordance with the provisions of Article VI of these By -Laws; and in general, perform all of the duties incident to the office of Chief Financial Officer and such other duties as are from time to time assigned to him by the President or the Board of Directors. Section 10. Secretary. The Secretary shall keep the minutes of the meetings of the members of the corporation and of the Board of Directors in one or more books provided for that purpose; insure that all notices are duly given in accordance with the provisions of these By -Laws, or as required by law; keep custody of the corporate records and of the seal of the corporation; affix the seal of the corporation, if any, to all documents, the execution of which on behalf of the corporation under its seal is duly authorized in accordance with the provisions of these By -Laws; keep a register of the post office address of each member of the corporation furnished to the Secretary by such member; and in general, perform all duties incident to the office of Secretary and such other duties as are from time to time assigned to him by the President or by the Board of Directors. In the absence of the President, or in the event of his inability or refusal to act, and in the event that the office of Vice President has not been created or filled as provided hereinbefore by the Board of Directors, the Secretary shall assume the office of President and perform the duties of that office as provided in Section 7 of this Article. Article V Liabilities of Members and Directors: Indemnification Section 1. Liabilities. No member or Director of this Corporation now or hereafter elected shall be personally liable to the creditors of this corporation for any indebtedness or liability thereof, and any and all creditors of this corporation shall look only to the assets of this corporation for payment. Except as otherwise limited by state or federal law, this corporation shall pay all expenses incurred by, and satisfy any judgment or fine rendered or levied against, any person who is or has been a Director, officer or employee of this corporation in any action brought by a third party against such person (whether or not this corporation is joined as a third -party defendant), which imposes a liability or penalty on such person for an act alleged to have been committed or omitted by such person while a Director, officer or employee, or by this corporation, provided that the Board of Directors of this corporation determines in good faith that such Director, officer or employee was acting in good faith, within what he reasonably believed to be the scope of his employment or authority and for a purpose which he reasonably believed to be in the best interests of the corporation. Payments provided for hereunder shall include amounts paid and expenses incurred in settling any such action or threatened action. This provision shall be construed to provide for such payments and indemnification to the fullest extent permitted by the provisions of California and federal law, including Chapter 42 of the Internal Revenue Code of 1954 as amended. Section 2. Insurance. The corporation shall maintain adequate liability insurance as determined by the Board of Directors. 6 Article VI Contracts, Checks, Deposits, and Gifts Section I. Contracts. The Board of Directors may authorize any officer or agent of the corporation, in addition to the officers so authorized by these By -Laws, to enter into any contract or execute and deliver any instrument in the name of and on behalf of the corporation; such authority may be general or confined to specific instances. Section 2. Checks, Drafts, etc. All checks, drafts, orders for the payment of money, notes or other evidences of indebtedness issued in the name of the corporation, shall be signed by such officer or officers, agent or agents of the corporation and in such manner as shall from time to time be determined by resolution of the Board of Directors. In the absence of such determination by the Board of Directors, such instruments shall be signed by the Chief Financial Officer and countersigned by the President or a Vice President of the corporation. Section 3. Deposits. All funds of the corporation shall be deposited from time to time to the credit of the corporation in such banks, trust companies, or other depositories as the Board of Directors may select. Section 4. Gifts. The Board of Directors or the President may accept on behalf of the corporation any contribution, gift, bequest or devise for the general purposes or for any special purpose of the corporation. Article VII Books and Records The corporation shall keep correct and complete books and records of account, minutes of the proceedings of its members, Board of Directors and committees of Directors having any of the authority of the Board of Directors and a record giving the names and addresses of the voting members at the corporation's principal office. All books and records of the corporation may be inspected by any member, or his agent or attorney, for any proper purpose at any reasonable time. The books and records shall be kept in written form, or in any other form capable of being converted into clearly legible, tangible form, or in any combination of the foregoing. Article VIII Fiscal Year The fiscal year of the corporation shall begin on the first day of August and end on the last day of July in each year. Article IX Waiver of Notice Whenever any notice is required to be given under the provisions of the General Non -Profit Corporation Law of California or under the provisions of the Articles of Incorporation or the By -Laws of the corporation, a waiver thereof in writing signed by the person or persons entitled to such notice, whether before or after the time stated therein, shall be deemed equivalent to the giving of such notice. 7 Article X Committees Section 1. Executive Committee. The Board of Directors, by a majority vote of its members, may designate two or more of its number to constitute an Executive Committee and delegate to such Committee any of the powers and authority of the Board in the management of the business and affairs of the corporation, except the power to adopt, amend, or repeal the By -Laws, and provided that the designation of such Committee and the delegation thereto of authority shall not operate to relieve the Board of Directors or any individual Director, of any responsibility imposed on it or him by law, by the Articles of Incorporation of this corporation, or by these By -Laws. By a majority vote of its members, the Board may at any time modify or revoke any or all of the authority so delegated, increase or decrease but not below two the number of its members, and fill vacancies therein from the members of the Board. The Committee shall establish rules and regulations for its meetings and meet at such times as it deems necessary, provided that a reasonable notice of all meetings of the Committee shall be given to its members, and no act of the Committee shall be valid unless approved by the vote or written consent of a majority of its members. The Committee shall keep regular minutes of its proceedings and report the same to the Board from time to time as the Board may require. Section 2. Standing Committees. The corporation shall have the following Standing Committees, each of which shall be chaired by a Director or designated officer of the corporation. (a) Finance Committee. The Finance Committee shall consist of at least two Directors appointed by the chairman of the Board and confirmed by a majority vote of the Board. It shall manage the corporation's investments and liquid assets according to guidelines set forth by the Board and the provisions of Article XII of these By -Laws. (b) Nominating Committee. The Nominating Committee shall consist of the members of the Executive Committee. Its duty shall be to nominate candidates for the positions of voting members of the corporation, Directors, and officers. Such nominations shall be recommendations only and any Director may nominate additional candidates. Section 3. Ad Hoc Committees. Ad Hoc Committees for specific purposes or activities may be designated from time to time by resolution of the Board of Directors. Chairmen of such committees shall be appointed by the Board. Members of such Committees shall be appointed by their respective Chairmen in such number as the Chairmen deem advisable, unless otherwise provided by the Board in its resolution designating any such Committee. Except as otherwise provided in such resolution, Committee Chairmen and members shall be members of the corporation. The Chairman or any member may be removed from the Committee by the person or persons authorized to appoint him whenever in his or their judgment the best interests of the corporation will be served by such removal. Section 4. Terms of Office. The Chairman and each member of the Executive Committee and each Chairman of a Standing Committee shall serve until the next annual election of Directors and until his successor is appointed, or until such Committee is sooner terminated, or until he is removed as a Director or officer of the corporation, or until his membership in the corporation terminates, or until he shall otherwise cease to qualify as a Chairman or member, as the case may be, of the Committee, whichever occurs first. Each member of a Standing Committee shall serve as such until a new Chairman is appointed or until he is removed from the Committee by its Chairman, resigns, ceases to be a member of the corporation, or otherwise ceases to qualify as a member of such Committee. Chairmen and members of Ad floc Committees shall serve as such for the life of the Committee unless they are sooner removed, resign, or cease to qualify as the Chairman or member, as the case may be, of such Committee. 8 Section 5. Vacancies. Vacancies on any Committee may be filled for the unexpired portion of the term in the same manner as provided in the case of original appointments. Section 6. Quorum. A majority of the whole Executive Committee or of a whole Standing Committee shall constitute a quorum of such Committee and the act of a majority of the members present at a meeting at which a quorum is present shall be the act of the Committee. Unless otherwise provided in the resolution of the Board of Directors designating the Committee, Ad Hoc Committees shall act under the direction of their respective Chairmen without any requirement as to a quorum. Section 7. Rules. Each Committee may adopt rules for its own government and procedure not inconsistent with law, with these By -Laws, or with the rules and regulations adopted by the Board of Directors. Section 8. Number of Board Members on Committee. Each Committee must be composed of at least two members of the Board of Directors. Article XI Voting Shares Held by Corporation The President of this corporation, or in his absence or on his refusal or inability to act, such other officer as may be designated by resolution of the Board of Directors, shall have full power and authority on behalf of this corporation to vote in person or by proxy all shares of any corporation standing in the name of this corporation and shall, on behalf of the corporation, at any shareholders' meeting, exercise all rights incident to the ownership of such shares. Article XII Investments The corporation shall have the right to retain all or any part of any securities or property acquired by it in whatever manner, and to invest and reinvest funds held by it, according to the judgment of the Board of Directors, without being restricted to the class of investments which a trustee is or may hereafter be permitted by law to make or any similar restriction, provided, however, that no action shall be taken by or on behalf of the corporation if such action is a prohibited transaction under Sections 4941 through 4945 of the Internal Revenue Code of 1954, or corresponding provisions of any subsequent Federal tax laws. Notwithstanding the foregoing to the contrary, as to any assets held by the corporation for investment purposes, the Board shall avoid speculation, looking instead to the permanent disposition of the funds, considering the probable income and capital appreciation, as well as the probable safety of the corporation's capital in investing, reinvesting, purchasing, acquiring, exchanging, selling, and managing such assets. Article XIII Prohibition Against Sharing Corporate Profits and Assets No member, Director, officer, employee, or other person connected with this corporation, or any other private individual, shall receive at any time any of the net earnings or pecuniary profit from the operations of the corporation, provided, that this provision shall not prevent payment to any such person of reasonable compensation for services rendered to or for the corporation in effecting any of its purposes as shall be fixed by resolutions of the Board of Directors; and no such person or persons shall be entitled 9 to share in the distribution of, and shall not receive, any of the corporate assets on dissolution of the corporation. All members of the corporation shall be deemed to have expressly consented and agreed that on such dissolution or winding up of the affairs of the corporation, whether voluntary or involuntary, the assets of the corporation, after all debts have been satisfied, then remaining in the hands of the Board of Directors shall be distributed as required by the Articles of Incorporation of this corporation and not otherwise. Article XIV Distribution of Income and Prohibited Transactions Notwithstanding any other provision in these By -Laws, the corporation shall be subject to the following limitations and restrictions: (a) The corporation shall distribute its income for each taxable year at such time and in such manner as not to become subject to the tax on undistributed income imposed by Section 4942 of the Internal Revenue Code of 1954, or corresponding provisions of any subsequent Federal tax laws. (b) The corporation shall not engage in any act of self -dealing as defined in Section 4941(d) of the Internal Revenue Code of 1954, or corresponding provisions of any subsequent Federal tax laws. (c) The corporation shall not retain any excess business holdings as defined in Section 4943(c) of the Internal Revenue Code of 1954, or corresponding provisions of any subsequent Federal tax laws. (d) The corporation shall not make any investments in such manner as to subject it to tax under Section 4944 on the Internal Revenue Code of 1954, or corresponding provisions of any subsequent Federal tax laws. (e) The corporation shall not make any taxable expenditures as defined in Section 4945(d) of the Internal Revenue Code of 1954, or corresponding provisions of any subsequent Federal tax laws. Article XV Construction As used in these By -Laws: (a) The present tense includes the past and the future tenses, and the future tense includes the present. (b) The masculine gender includes the feminine and neuter. (c) The singular number includes the plural, and the plural number includes the singular. (d) The word "shall" is mandatory and the word "may" is permissive. 10 Article XVI Amendments to By -Laws These By -Laws may be altered, amended or repealed and new By -Laws may be adopted by (1) a majority of a quorum of the Directors at any duly called regular meeting or special meeting, except that the Directors may not adopt, amend or repeal a By -Law fixing or changing the number of Directors, or (2) the vote or written consent of the members of the corporation entitled to exercise a majority of the voting power or the vote of a majority of a quorum of the voting members of the corporation at any duly called regular or special meeting. In addition, unless notice has been waived, these By -Laws may be adopted, amended or repealed at a special meeting only if the notice therefor expressly provides that the adoption, amendment or repeal of these By -Laws will be considered at the meeting and describes the amendment or amendments, if any. 11 GENERAL GUIDELINES FOR MANAGEMENT OF THE ARCHAEOLOGICAL CONSERVANCY PRESERVES Purpose The Archaeological Conservancy (TAC) acquires archaeological and historical properties for the purpose of preserving them from damage and destruction in order that through a long future they may be studied to increase our understanding of the lives of their occupants and of the past in general. TAC preserves are managed according to the principles of Conservation Archaeology, which mandates that major parts of the preserves be saved for future generations. To this end, research on TAC preserves is welcomed so long as it is carefully controlled and thoroughly documented to minimize damage and maximum increase in knowledge. General Policies Acting on behalf of the Board of Directors of The Archaeological Conservancy, the President of TAC is responsible for implementing the following policies: 1. A management committee and plan that addresses specific elements and concerns will be established by the TAC for each of its preserves. These Cultural Resource Management Plans will be consistent with the general purposes and policies of TAC as well as the Secretary of the Interior's Standards for the Treatment of Historic Properties. They will consider such matters as stabilization, site security and protection, nondestructive use of the property, research, curation, access, and other issues relevant to prudent management and stewardship for the public good. 2. Provision will be made by TAC at all preserves for adequate ground cover, minimum erosion, stabilization, and disturbance (from planting, mowing, grazing, etc.) and for fencing and monitoring when appropriate and necessary. The President will consult with local farmers and with county agricultural agents as to suitable ground cover, methods of plowing and planting to avoid disturbance below the existing plow zone, and the best frequency of harvesting or mowing. In regions where ground cover is difficult to establish, other suitable measures will be taken to prevent or retard erosion including reintroduction of native vegetation where possible. 3. Permission will be required for all visits to preserves, such as those by interested students, local groups, or professionals. Requests for such visits will be made in writing to the appropriate Regional Director of TAC. Visitors to a preserve ordinarily will be accompanied by a site steward and will be asked to give their names and addresses along with the time and date of their visit. Access to a preserve by Native Americans or any other group having historic ties to that preserve will be given special consideration although it, too, must be arranged through the appropriate TAC regional office. 4. Research will be permitted when appropriate to a problem -oriented program, but permission will be required with the conditions stated below. Field schools and other training programs are allowed if they are problem oriented, adequately supervised, and meet TAC's stipulations for a permit. 5. All human remains encountered on the Conservancy's preserves will be treated with dignity and respect. Research must comply with the terms of state laws and applicable provisions of any federal laws governing human burials. 6. Because the Conservancy believes in the widest possible dissemination of information about its preserves, researchers, visitors, and other users are encouraged to fully cooperate with the scientific media as well as popular media, including newspapers, magazines, journals, and electronic media. In all such contacts, The Archaeological Conservancy shall be identified as the owner of the archaeological preserve. Media access to news about Conservancy preserves and research thereon shall not be discriminatory. The Conservancy does not reserve preferential access to news for its own publications, nor will it allow any researcher or user to give preferential access to news about research or use on any Conservancy preserve to any media outlet. Procedures for Applying for a Research Permit 1. Formal application will be made in writing to the President via the appropriate Regional Director, with (a) a detailed research plan (see check list attached), (b) an endorsement of the research by the institution or organization employing and funding the investigator, and (c) evidence of compliance with TAC's insurance policy. All research must have institutional/organizational affiliation, and the Principal Investigator must have a graduate degree in anthropology/archaeology, preferably a Ph.D. 2. A request for non-invasive research (such as a magnetometer survey, mapping, aerial photography, and zero collection surface survey) may be submitted, with the approval of the President, by stating in letter form, the questions being addressed, the work to be done, the personnel involved, the sponsoring organization, the dates of the project, the expected research benefits, and a timetable for a report. Whenever appropriate, the research should follow the procedures outlined below in Sections 4 and 5. 3. For more invasive field work (surface collecting, testing, or excavation) a comprehensive research design will be submitted, comparable to that required by the National Science Foundation or the National Endowment for the Humanities, including (a) the relation of the proposed work to previous investigations at the preserve or in the area, (b) specific area(s) of the preserve designated for investigation, (c) the proposed field procedures, (d) techniques for acquiring and analyzing data, (e) a timetable for the field report, the analysis and reporting of the results, (f) a detailed budget for field work, analysis and publication, and for costs of curation of artifacts and samples for curation, (g) a copy of a negotiated curation agreement, and (h) such other details as TAC may specify. 2 The research design should be oriented to problem solving rather than mere data gathering. A curriculum vitae of the principal investigator and any other professional staff should be included. 4. In the event of more than one request at a single preserve at the same time, the President may require the applicants to coordinate their plans before the applications receive further consideration; or the President may appoint a Review Committee to consider them and select only one for approval. 5. Review Committee. The President will appoint a minimum of a three -member committee to evaluate the qualifications of the researcher(s) and to review the application and determine if it is acceptable. In addition to the appropriate Regional Director the committee should include, insofar as is possible and practical, (a) a representative of a state or local archaeological society or other organization and (b) a recognized authority on the archaeology and/or history of the area and problems of the research being proposed, who is not involved in the project or associated with its sponsors. The committee could also include a non-professional avocational archaeologist, historian, or other appropriate specialist, who is interested in the local or regional archaeology and history, or a nationally recognized authority on archaeological research design and excavation procedures. One member will be designated by the President to serve as chairman. Members of the Board of TAC may serve on review committees. 6. Each Review Committee member will receive a copy of the proposal and within 30 days will discuss it with the other committee members in person, by mail, and/or telephone conference, and the committee will agree on a recommendation to which a majority of the members must agree. The chairman will notify the President of TAC the committee's recommendation, which may be (a) the acceptance of the proposal as submitted, (b) acceptance subject to modifications specified by the committee, or (c) rejection, with specific reasons stated. The President will communicate to the applicant the results of the review. In the case of (b) the same committee will review the revised application, if one is submitted. In the case of (c) the President may, but need not necessarily, invite rewriting and resubmission. 7. At his discretion, the President may approve a project on the condition that the project receives adequate funding. Research Procedures 1. Compliance. The President may appoint a member of the Review Committee to monitor the research project during the field work and report to the President periodically or at its conclusion. 2. Changes in the permitted research design, such as extending the excavations beyond areas indicated in the application or modifying the data collection procedures, are possible, but only if they have prior approval by the President. Failure to obtain such approval can result in revocation of the TAC permit and banishment from the site. 3 3. The preserve must be left in safe, stable, and secure condition during interruption in the work and its completion, at the expense of the investigator. All excavations must be backfilled. 4. Each backfilled area must be identified by including, at the investigator's expense, well - fired ceramic tiles (about 3"x 3") that name The Archaeological Conservancy and give the date of the backfilling. 5. Preliminary Report. Within 90 days after the conclusion of any field season the principal investigator will provide a written report of results to the President. This report will include a map of the preserve indicating the location(s) of field work, and discussion of results. It may include a request for modification of the original proposal if a subsequent field season has already been approved. Failure to submit a preliminary report in a timely manner may be grounds for denying future research on a TAC preserve. 6. Final Report. Within a reasonable period of time following completion of the analysis of the data (usually a year or less), one or more papers or scientific reports will be presented at professional meetings and will be submitted for publication. Copies of papers presented at meetings and of their published versions, as well as any other published reports, will be sent to the President, the appropriate State Historic Preservation Officer, and, if requested, to members of the Board of TAC, and to any other organization or institution that the President may specify. All reports, papers, and presentations should acknowledge Conservancy ownership of the preserve. Ownership and Disposition of Collections I. Ownership. The collections from a field program will include all artifacts, samples or specimens for analysis (faunal or floral identification, pollen study, dating, etc.) and all related documentation whether written or taped or digital and including maps, diagrams, drawings, and photographic negatives and one print of each. The collection remains the property of TAC until it is transferred to an appropriate repository, usually within the state where the preserve is located. Collections will not belong to the excavator, and the excavator's institution may or may not be chosen as the permanent repository. All costs associated with preparing and curating collections shall be the responsibility of the researcher. 2. Borrowing Collections. The excavator, through his/her institution or sponsoring organization, may borrow a collection until analysis is complete and when doing so must inform the President of TAC of the location in which it will be kept, and of any change in its location. Portions of the collection may not be loaned to others, except that for analysis and identification specimens and artifacts may be sent temporarily to appropriate laboratories. 3. Duplication of Documents. The excavator may duplicate any and all documents relating to the collection for his/her permanent use and possession. Duplication of artifacts, however, will require permission from the President of TAC. 4 4. Final Repository. The collections will be deposited in a public institution that, except for unusual circumstances, will be located in the same state as the preserve. Private curation facilities may be considered provided they meet minimum standards for curation and are accessible to researchers. Proper procedures for storage, curation, preservation, and retrieval of the collection must be followed by the permanent repository. The documentation must remain in the same repository as the rest of the collection and be stored in accordance with proper archival standards. In the case of breaches of proper storage and/or other procedures by the repository, as judged by the President of TAC, the collection may be transferred to another repository. The deaccessioning of any part of the collection by the repository will result in that part of the collection being transferred to another facility deemed appropriate by TAC. Public Education At the conclusion of a research project the investigator should assist local museums and related organizations in updating and expanding any information they are disseminating to the public in the light of new data and conclusions. Publication of a report on, or description of, the research in a popular medium is encouraged but not required. Divestiture The Board of Directors will grant approval for the divestiture of a preserve if The Archaeological Conservancy has reason to believe that the successor organization will preserve the archaeological site(s) and if the organization agrees to a management plan (either an existing plan or a plan to be developed in conjunction with the successor organization) that includes allowing research to be conducted on the preserve and adhering to other basic principles of the general management guidelines. If the successor organization ever decides to divest itself of the preserve, it should agree to give The Archaeological Conservancy the right of first refusal to reacquire the preserve. Nothing in this policy precludes the divestiture of lands that have no archaeological values. Approved TAC Board Meeting January 31, 2009 5 Weld County Treasurer Account R5235508 Parcel Number 096307400002 JOURNEY VENTURES LLC PO BOX 129 GREELEY, CO 80632 Receipt Date Apr 21, 2009 Receipt Number 2009-04-21-10-13168 Situs Address Payor Legal Description PT SE4/S2NE4 7 564 LOT B REC EXEMPT RE -4744 EXC UND INT OG&M Property Code AG -GRAZING LAND - 4147 AG -WASTE LAND - 4167 Payments Received Net Vantage Check Number 1038 Payments Applied Year Charges 2008 Tax Billed $26.61 Actual Assessed Year Area Mill Levy 1,851 540 2008 0738 48.379 13 10 2008 0738 48.379 Thank you for your payment all payments subject to final bank clearance Prior Payments $0.00 $26.21 New Payments $26.21 Balance $0.40 $26.21 $0.40 • Weld County Treasurer Account R5235508 Parcel Number 096307400002 JOURNEY VENTURES LLC PO BOX 129 GREELEY, CO 80632 Receipt Date Apr 29, 2009 Receipt Number 2009-04-29-07-20449 Situs Address Payor JOURNEY VENTURES LLC PO BOX 129 GREELEY, CO 80632 Legal Description PT SE4/S2NE4 7 5 64 LOT B REC EXEMPT RE -4744 EXC UND INT OG&M Property Code Actual Assessed Year Area Mill Levy AG -GRAZING LAND - 4147 1,851 540 2008 0738 48.379 AG -WASTE LAND - 4167 13 10 2008 0738 48.379 Payments Received Over/Under $0.40 Payments Applied Year Charges 2008 Tax Billed Prior Payments New Payments Balance $26.61 $26.21 $0.40 $0.00 $0.40 $0.00 Thank you for your payment all payments subject to final bank clearance Name: Journey Ventures, LLD County _Attorney x Health Department _Extension Office _Emergency Mgt Office - Ed Herring Sheriffs Office x Public Works _Housing Authority _Airport Authority x Building Inspection x Code Compliance Ann _ Kim Ogle (Landscape Plans) _Lin (Addressing Change of Zone) Ambulance Services State _Div. of Water Resources Geological Survey _Department of Health x Department of Transportation _Historical Society Water Conservation Board Oil & Gas Conservation Commission Division of Wildlife _South Hwy 66 (Loveland) x North Hwy 66 (Greeley) _Division of Minerals/Geology Soil Conservation Districts _Big Thompson/ FTC _Boulder Valley/Longmont Brighton/SE Weld Centennial x Greeley/West Greeley _Platte Valley West Adams _Little Thompson Federal Government Agencies _US Army Corps of Engrs _USDA -APHIS Vet Service Federal Aviation Admin (Structures over 200 ft or w/in 20000 ft of Pub Airport Federal Communications Comm REFERRAL LIST Towns & Cities Ault Berthoud _Brighton Dacono Eaton Erie Evans Firestone _Fort Lupton Frederick _Garden City Gilcrest x Greeley Grover Hudson Johnstown _Keenesburg x Kersey LaSalle Lochbuie _Longmont Mead Milliken _New Raymer _Northglenn Nunn Pierce Platteville Severance Thornton Windsor Counties Adams Boulder Broomfield Larimer Other x School District RE -7 x CWCWD RR x Plumb Ditch Company _Art Elmquist (MUD Area) . Case #: RE -4963 Fire Districts Ault F-1 Berthoud F-2 _Briggsdale F-24 _Brighton F-3 Eaton F-4 _Fort Lupton F-5 Frederick Galeton F-6 Hudson F-7 Johnstown F-8 LaSalle F-9 Mountain View F-10 Milliken F-11 Nunn F-12 Pawnee F-22 Platteville F-13 x Platte Valley F-14 _Poudre Valley F-15 _Raymer F-2 _Southeast Weld F-16 _Union Colony F-20 Wiggins F-18 Windsor/Severance F-17 Commissioner Name: tr hn y Ufrttttl Countv Attomey -,Health Department _Extension Office _Emergency Mgt Office - Ed Herring Sheriffs Office Public Works _Housing Authority _Airport Authority ,Building Inspection Code Compliance XN.-Ann _S -Beth _ Kim Ogle (Landscape Plans) Lin (Addressing Change of Zone) Ambulance Services State Div. of Water Resources _Geological Survey Department of Health Department of Transportation Historical Society _Water Conservation Board Oil & Gas Conservation Commission Division of Wildlife South Hwy 66 (Loveland) North Hwy 66 (Greeley) Division of Minerals/Geology Soil Conservation Districts _Big Thompson/ FTC _Boulder Valley/Longmont _Brighton/SE Weld Centennial )( Greeley/West Greeley _Platte Valley West Adams Little Thompson Federal Government Agencies US Army Corps of Engrs USDA -APHIS Vet Service Federal Aviation Admin (Structures over 200 ft or w/in 20000 ft of Pub Airport _Federal Communications Comm REFERRAL LIST Towns & Cities Ault Berthoud _Brighton Dacono Eaton Erie Evans Firestone _Fort Lupton Frederick _Garden City Gilcrest X Greeley Grover Hudson Johnstown _Keenesburg X Kersey LaSalle Lochbuie _Longmont Mead Milliken New Raymer _Northglenn Nunn Pierce Platteville Severance Thornton Windsor Counties _Adams _ Boulder Broomfield Larimer Other X School District RE- % _Central Cob. Water Conservancy Dist RR X Ditch Company, Pitli ,iI) Art Elmquist (MUD Area) 2(( LuCl/.ii� Case #: ag - 7o (P✓ 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 X Platte Valley F-14 Poudre Valley F-15 Raymer F-2 Southeast Weld F-16 Union Colony F-20 _Wiggins F-16 Windsor/Severance F-17 Legal i-o4-P ✓ 7 Li 14Srely6,77-5 nw41 6!/ Parcel ID # p-- ' Zone Acres? _ USDA aieit Airport GeoHaz FP? Alb Panel # IGA? /ub ORD # MUD? MD J L_ C Commissioner Kristine Ranslem From: Kristine Ranslem Sent: Monday, August 24, 2009 2:39 PM To: Ann Siron; 'gloria.hice-idler@dot.state.co.us'; 'Billings, Sandra'; 'brandon.muller@state.co.us'; 'nick.hoban@comcast.net';'brandon.gossard@greeleygov.com'; 'jpiper@ci.kersey.co.us'; 'Ifreemyer@pvs.k12.co.us'; 'svlhwcd@svvi.net; 'wcwdistrict@quest.net'; 'dmyers@plattevalleyfire.org'; 'esimonds@plattevalleyfire.org'; bschaefer@plattevalleyfire.org' Cc: 'Kim Ogle' Subject: RE -4963 Referral Attachments: Map.pdf; Referral Sheet.rtf; Application.pdf We have just received a case (RE -4963) in which we ask that you review the attached material and send a referral to us by September 24, 2009. Attached are the application, map, and referral sheet. You may send your comments to the Planner assigned to this case, which is Kim Ogle (kogle(a�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! KyktiAnt Ra &. Lewt. Planning Technician Weld County Planning Services 918 10 Street, Greeley CO 80631 970-353-6100 ext. 3519 COLORADO Weld County Referral September 3, 2009 The Weld County Department of Planning Services has received the following item for review: Applicant Journey Ventures, LLC Case Number RE -4963 Please Reply By September 24, 2009 Planner Kim Ogle Project Two -Lot Recorded Exemption Legal Lot B RE -4744; Part of the SE4/S2NE4 of Section 7, T5N, R64W of the 6th P.M., Weld County, Colorado. Location North of and adjacent to CR 58 and west of and adjacent to CR 51. For a more precise location, see legal. Parcel Number 0963 07 400002 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. LI e 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. U Please notify me of any public hearings regarding this request. Comments: Signature Agency Q44, Date 9- -e Weld County Planning Department GREELEY OFFICE SEP 16 711t19 RECEIVED 1111lie COLORADO Weld County Referral August 27, 2009 The Weld County Department of Planning Services has received the following item for review: Applicant Journey Ventures, LLC Case Number RE -4963 Please Reply By September 24, 2009 Planner Kim Ogle Project Two -Lot Recorded Exemption Legal Lot B RE -4744; Part of the SE4/S2NE4 of Section 7, T5N, R64W of the 6th P.M., Weld County, Colorado. Location North of and adjacent to CR 58 and west of and adjacent to CR 51. For a more precise location, see legal. Parcel Number 0963 07 400002 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 'see have reviewed the request and find no conflicts with our interests. LI See attached letter. E Please notify me of any public hearings regarding this request. Comments: Signature Agency Uoio T' 5L4Ob YvI Vker Date 9/iy i • • Kristine Ranslem From: Sent: To: Subject: Attachments: fi COLORADO Julie Upiper@ci.kersey.co.us] Tuesday, September 15, 2009 10:48 AM Kristine Ranslem Referral RE -4963 image001.wmz; image002.gif Weld County Referral September 15, 2009 The Weld County Department of Planning Services has received the following item for review: Applicant Journey Ventures, LLC Case Number RE -4963 Please Reply By September 24, 2009 Planner Kim Ogle Project Two -Lot Recorded Exemption Legal Lot B RE -4744; Part of the SE4/S2NE4 of Section 7, T5N, R64W of the 6th P.M., Weld County, Colorado. Location North of and adjacent to CR 58 and west of and adjacent to CR 51. For a more precise location, see legal. Parcel Number 0963 07 400002 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: t Julie Piper 9/15/09 Signature Agency Date Town of Kersey *Weld County Planning Dept. +918 10th Street Greeley, CO. 80631 4(970) 353-6100 ext.3540 4(970)304-6498 fax Wela County Referral p"" 2009 August 24, 2009 The Weld County Department of Planning Services has received the following item for review: Applicant Journey Ventures, LLC Case Number RE -4963 Please Reply By September 24, 2009 Planner Kim Ogle Project Two -Lot Recorded Exemption Legal Lot B RE -4744; Part of the SE4/S2NE4 of Section 7, T5N, R64W of the 6th P.M., Weld County, Colorado. Location North of and adjacent to CR 58 and west of and adjacent to CR 51. For a more precise location, see legal. Parcel Number 0963 07 400002 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. U 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. tigSee attached letter. ❑ Please notify me of any public hearings regarding this request. Comments: Signature Agency Date }Weld County Planning Dept. +918 10" Street Greeley, CO. 80631 +(970) 353-6100 ext.3540 •(970)304-6498 fax COLORADO Weld County Planning Department MEMORANDUMGREELEY OFFICE SFP 18 7nflq TO: Kim Ogle, Planning Services DATE: skIEECEIMED FROM: Heidi Hansen, P.E., Public Works Department J\%\ SUBJECT: RE -4963, Journey Ventures, LLC The Weld County Public Works Department has reviewed this proposal. Staff comments made during this phase of the process may not be all-inclusive, as other concerns or issues may arise during the remaining application process. Issues of concern must be resolved with the Public Works Department. Our comments and requirements are as follows: COMMENTS: WCR 51 is a local gravel road and requires a 60 -foot right-of-way at full build out. There is presently a 60 -foot right-of- way. This road is maintained by Weld County. Pursuant to the definition of SETBACK in the Weld County Zoning (23-1- 90), the required setback is measured from the future right-of-way line. The most current road count for WCR 51 is 30 AADT taken in October of 2006. WCR 58 is a collector road and requires an 80 -foot right-of-way at full build out. There is presently a 60 -foot right-of-way. This road is maintained by Weld County. Pursuant to the definition of SETBACK in the Weld County Zoning (23-1-90), the required setback is measured from the future right-of-way line. The most current road count for WCR 58 is 358 AADT taken in February of 2009. 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. REQUIREMENTS: For access to Lot A, the applicant shall utilize the existing 30' access easement off of WCR 58 defined in RE -4744. For Lot B, the applicant shall utilize the existing agricultural, oil and gas, and ditch roads necessary for your operation. Pursuant to Chapter 15, Articles I and II of the Weld County Code, if noxious weeds exist on the property or become established as a result of the proposed development, the applicant/landowner shall be responsible for controlling the noxious weeds. All 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 -4963 Page I of I M:\PLANNING - DEVELOPMENT REVIEW\RE-Recorded Exemption\RE-4963.docx • • • Road File aY RF WELD COUNTY ROAD ACCESS INFORMATION SHEET Weld County Department of Public Works 1 1 1 H St PO Box 758 Greeley CO 80632. Pnone ,9/D 1:t564ur}:1 x3750 Fax :970i 304-6497 Date .... _.. Other Case # r Applicant Name _.._1 •' • .. '" Address _l /....0'...,. 1,' ; ___. . 2 Address or Location of Access :•I ,r Section _ __.L... Township_=• . ' Range.._: 4 Weld County Road # —_._1: :, .._ Side of Road Iv .. 3 Is there an existing access to the property 4 Proposed Use Permanent i Residential/Agricultural Temporary . SubdrwSfon .. Phone _ ....f . ..-... I !. City ._L • ' .Slate LLrp__:,i: _>_--_.... . Subdivision . -..___-_.Aleck Lot.. kt• .,k. -0..e- •_.____ Distance from nearest intersection - __._ ... Yes . No f7 of Accesses 1 ...... Industrial Commercial ! Othel_..'. ' 5 Slit Sketch l own!! r)'n AccE-%', I ta.scrip:,orr A<tr,c ditural Re:ir1.•nhal r r•. y f,a% '.lrtc h Wad boos,• 'it te•d fropuw d Air t -y, fxatrn.l ACca'., OFFICE USE ONLY. II _ tx:% ,:, Aces'+�+eA4 �-� ; Lc,t A F2,:.:fd. _ ADT Date ..... ri.•:.ifefI5 . _..-.. Oate___....... AD! _ r`.4:.-' A... rli•^t5.... ______. Dale. (1'a,nage keothrement —__ ;: ..,river' .... ---,_.._.. Vii: c' . -- ength-____.... ::,lir•i.r.l' C•Cr;.rts0r.t - --- — - n Ir.h)II.)t on Authtr:ee,2 Ii information Insutfrc,ent K�•'+rr•rir• Fay _. 464. W��YpC Memorandum TO: Kim Ogle, W.C. Planning DATE: September 18, 2009 FROM: Mary Cavnah, W.C. Department of Public Health and Environment CASE NO.: RE- 4963 NAME: Journey Ventures Environmental Health Services has reviewed this proposal to exempt 1.6 acres from a 93.38 acre parcel. Proposed lot A will consist of 1.6 acres and proposed lot B will consist of 91.78 acres. Proposed lot A is vacant and is being created for a permanent archaeological research preserve by The Archaeological Conservancy and no buildings or homes will be allowed on the lot. Therefore, no sewer or water supply will be needed for proposed lot A. Proposed lot B is currently vacant and is part of USR 1687; a Mineral Resource Development Facility. Water service will be provided by Central Weld County Water District and an individual sewage disposal system will be installed when needed for the facility. The following conditions are recommended to be part of any approval: 1. A Weld County Septic Permit is required for the proposed home septic system(s) and shall be installed according to the Weld County Individual Sewage Disposal Regulations. Please note, the lot owners shall verify with the nearest Town/City or Sanitation District to determine the location of the nearest sewer line. In accordance with the Weld County Code, if a sewer line exists within 400 feet of the property and the sewer provider is willing to serve the proposed structure, a septic permit cannot be granted by the Weld County Department of Public Health and Environment. • 111Illie COLORADO �!d County Planning Department GREELEY OFFICE SEP 027619 RECEIVED Weld County Referral August 24, 2009 The Weld County Department of Planning Services has received the following item for review: Applicant Journey Ventures, LLC Please Reply By Project Legal Location September 24, 2009 Two -Lot Recorded Exemption Case Number RE -4963 Planner Kim Ogle Lot B RE -4744; Part of the SE4/S2NE4 of Section 7, T5N, R64W of the 6th P.M., Weld County, Colorado. North of and adjacent to CR 58 and west of and adjacent to CR 51. For a more precise location, see legal. Parcel Number 0963 07 400002 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. Li We have reviewed the request and find that it does /does not comply with our Comprehensive Plan ❑ We have reviewed the request and find no conflicts with our interests. i See attached letter. ❑ Please notify me of any public hearings regarding this request. Comments: Signature Agency Date September 1, 2009 Platte Valley School District Weld Re -7 4 Weld County Planning Dept. +918 10th Street Greeley, CO. 80631 +(970) 353-6100 ext.3540 +(970)304-6498 fax WELD COUNTY DISTRICT RE -7 P.O. BOX 485 - KERSEY, COLORADO 80644 - 970/336-8500 - FAX 970/336-85 I I E. GLENN MCCLAIN,SUPERINTENDENT September 1, 2009 Weld County Planning Department 918 10" Street Greeley CO 80631 RE: Land Dedication — Journey Ventures — RE -4963 The Board of Education of Platte Valley School District, Weld RE -7 passed the land dedication, cash -in -lieu policy at the March 13, 2000 meeting. This policy addresses new developments and recorded exemptions that would affect the district. The policy is specifically intended for land use that will create a new residence. It is our interpretation of the Recorded Exemption Application forwarded to us that no new residential lots will be developed. Should new residential lots be developed in the future, the district would require a cash -in -lieu payment on each new lot. Therefore, no cash -in -lieu payment is due at this time. As the intended use will not create new residential lots, our transportation department will not need to be consulted regarding an additional bus stop. We have reviewed the request and find no conflicts with our interests. Please contact my office if you have any questions. Sincerely, E. Glum McClain, Jr., Ed.D. Superintendent /.,G/o St/matron . .. lAtad ,,. ' (1. 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W4) ca ° VICINITY MAP r' - 2000' Z Z pe _ 0 <" x o ao \ o F F .] k� [ i q M 6§" {°€{ Xa y € §€ 9 ki b S e! a b § i i tY 4 e§ qs -k Si e [P 4 en X F ¢ W W a S IT4 P-R!d OI ed b £§ Pi El§te Ssy pE§ § Y° @@@@@@@ `t.@@@@@@@a€5 P ₹€ aa. 51 a- `Ieaaaeii`� i E i a €q4 g$$ °°°ngg° bbbynnh°eahhpbp ,'i"k `i°�i gg ¢ x a 5` Qzi k �A �"�. i g 3e. Y ,.> W o w i� W s z i i pe4 lgdia ey §aZ §b II eB�E��BE§"Iiiliillilii§ pbeebpteep a 6 d P k� qY a : I.w�..'paI E HAMMER LAND SURVEYING, INC. 4350 HIGHWAY 66 LONGMONT.GO 80504 PH'. 970-535-9318 Q E Z O o ¢ !i ° U a W a a �i !i§iEi i €y"ii h fl a !I dish sww.vi o QQQQQQPPPPPQlQQPQPME0 �ef6abaszayRR'.bp.k:p a Intl l5`'d!R l S CC9S 4I."..""""•:_:; :::: 4@ a8 .tY as-3er� ₹peptjd [u[ .c 8 X06 w.., / i 'l li a 1 I Tpgg tl 11I g ! i 8 d Cg � a a {e X13.. .moo„]. ]e•] mxm w aue_ u]as A] � s i p `- i p G ie3 P9 ;tit ��O. oe 6 `i S a /1�.a� aI 3. III ::gg M�:ifggk7`y{5yS5y �P,n 1+, 7 �S$0Lj 555 rib v/ 'S y5W.vi N s+,S 5 _l! 5 w w., %'- pry Jat Y ii 4 si k ' i is /co .. g / C Q Si' -1� §§ i� y ta a -3 e gsoTssmTi� - Ax� ��w' } la ,x ) ;� g 8gs Ai tto I� :F geb F E . ii: i tlgg �•F ri o \e€'a ..F £ i Ake e q RY Ri hil gill CLIENT: PLUMB RIDGE LLC 14339 COUNTY ROAD 74 EATON, CO 80615 4pgd Iifd Ia Bill Nil 19q�b, �H3iah 9 9.I![[d Sa€Qitgiai` 9 § a e ii R9 2Y wtttYPFtFFFFYr A kR=9a�gE�3aA YX '2 3YT ✓F„e0 's? s4aRlao R9 A9 ♦ R ££"g .. A Y b-. a Ri is ii°a ill 1i1 v�A8 �,1�`-' —� V� �yCO:.`rv.E_oOAa�'..^. 2 82.2& R•FR P'^�.�`.^A•RSi ?E6 aA Cp9Ro 3Y Y ,,/ 9 , Z� y_d€ n A � . `]`]7h`]'J '] 99] • NORTH BRANCH PLUMB DITCH P:\07113 Kersey Gravel Pit\drawings\Recorded Exemption\RE Exhibit.dwg, RE Exhibit, 8/12/2009 5:02:39 PM, Todd Yee Lot A RE 4744 SOUTH BRANCH PLUMB DITCH 10' UTILITY EASEMENT 30' NONEXCLUSIVE ACCESS AND UTILITY EASEMENT FOR BENEFIT OF LOT A 30' AND FUTURE 10' WCR 58 ROW s Proposed Lot B 91.78 Acres FENCE \f(TYP) OIL/GAS FACILITIES L r WCR 58 6p- Row Proposed Lot A 1.60 Acres New Recorded Exemption 500 250 0 500 SCALE IN FEET •i7)O cr O o u1 JoT Consulting, Inc. 1400 W 122nd Avenue - Suite 120 Westminster, CO 80234 303-457-0735 Journey Ventures, LLC Recorded Exemption Exhibit Date: 8/12/09 Job No: 07113 Drawn: TPY Scale: 1 "=500' Sheet: 1 01:1 CERTIFICATE OF CONVEYANCES STATE OF COLORADO COUNTY OF WELD WELD COUNTY DEPARTMENT OF PLANNING SERVICES Lawyers Title Insurance Corporation hereby certifies that it has made a careful search of its records and finds the following conveyances affecting the real estate described herein since August 30, 1972, and the most recent deed recorded prior to August 30, 1972. LEGAL DESCRIPTION Lot B of Recorded Exemption No. 0963-07-4 RE -4744, recorded February 11, 2008 at Reception No. 3534670, being a part of the Southeast 1/4 and the Southeast 1/4 of the Northeast 1/4 of Section 7, Township 5 North, Range 64 West of the 6th P.M., County of Weld, State of Colorado. CONVEYANCES (If none appear, so state): Reception No. 1455808 Book 534 Reception No. 1606404 Book 684 Reception No. 1620066 Book 698 Reception No. 1847206 Book 925 Reception No. 2275623 Book 1323 Reception No. 2308302 Book 1356 Reception No. 2308303 Book 1356 Reception No. 2872999 Book Reception No. 3516023 Book Reception No. 3589220 Book This certificate is made for the use and benefit of the Department of Planning Services of Weld County, Colorado. This certificate is not to be construed as an Abstract of Title, Opinion of Title or a Guarantee of Title and the liability of Lawyers Title Insurance Corporation is hereby limited to the fees paid for this Certificate. In Witness Whereof, Lawyers Title Insurance Corporation, has caused this Certificate to be signed by its proper officer this 3rd day of August, 2009, at 7:00 am. Order No. H0250945 By La yer Title Insurance Corporation Aut .rite' Signature • •Q/ r ° rye a )ss� 'Recorded at_.il_..._.da��duek -IL, ___r.�. ___t. .4_..._._. Ravi Lien No__ d.._58oi3 .--ANN SPOMLA _ .. �teeoxdar THIS'EDIED, Made this twenty ninth day of January in tht'year of our Lord one thousand nine hundred and a ixty five , between ,Laurence W. Plumb of the County of Weld and State of Colorado, of the first part, and Jack L Brachtenbach and Marsha L. Brachtenbach of the County of Arapahoe and State of Colorado, of the second part: WITNESSETH, that the said party of the first part, for and In consideration of the sum of • FILING STAMP STAMP. Ten and no/100 — DOLLARS and other good and valoobla considerations to the mid party of the first part In hand paid by the said parties of the second part, the receipt whereof le hereby confessed and acknowledged, Mm granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm unto the said parties of second part, their heirs end enigma forever, not in tenancy in common but in joint tenancy, as the following described lot or Parcel of land, situete, lying and being in the County of Weld .._.. and.Qlaw of Calo;ad0 tome .... ._ a tract of 104.6 acres more or less, situate in the SE-,1:and in thnSj of the NE} of Section 7, in Township 5 North, of Range 64 West of the 6th P.M., more particularly described as followsi. Beginning in the Southeast corner of said Section 7 and running thence as follows: North 3081 feet along the East line of said Sections thence South 87 04' West 225 feet; South 63° 55' West 28605 feet; South 89 40' West 361 feet; south 86 56' West 427.7 feet; South 86 56' West 620feet; North 81'23' West 315,2 feet; South 07'33' East 59g,5 feet; South 78 59' West 129 feet; South 02'26' East g2 feet; South 35 45' West 47g feet; South 80'05' East 142 feet; South 56"590 East 14g feet; South 03 10' East 584 feet; South 36-52' East 521 feet; South 07 36' East 330 feet; South 86°56' East 371 Feet; South 01°12' West 430 feet; South 88 50' East 973 feet more or less to the point of beginning; reserving, however, to the grantor, his heirs, executors, administrators and assigns, any remainder of mineral rights (but not including all sand, gravel and building stone found on the surface or In the land in such reservation). Including Eight Shares of Capital Stock In the Plumb Irrigation Company in the transfer of the above tract of land. TOGETHER with all and singular the hereditamenta and appurtenances thereunto belonging, or in anywise appertaining and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right, title, interest, claim and demand whatsoever of the said party of the first part, either in law or equity, of, in end to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the said parties of the second part, their heirs and assigns forever. And the said party of the first part, for Amaelf, hie hairs, executors, and administrators, does covenant, grant, bargain and agree to and with the said parties of the second part, thole heirs and assigns, that at the time of the ensealing and delivery of these presents, he is well seised of the premises above conveyed, as of good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments and encumbrances of whatever kind or nature soever, axe! let for current and subsequent years general taxes, assessable in 1965 and years subsequent, which grantees have agreed to pay. •lc , rc serving, ?-r-n*^r any r naindor o£ mineral rights _yet ting 111 cand, _t,., el 7.nd b.r -:r.. stone f^und c- ..°. co e lend. and the above bargained promisee in the quiet and peaceable possession of the said parties of the second part, the survivor of them, their amigos and the heirs and assigns of such survivor, against all end every person or persons lawfully claiming or to claim the whole or any part thereof, the said party of the first part shall and will WARRANT AND FOREVER DEFEND. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF the said party of the first part has hereunto set his hand end seal the day and year first above written. Signed, Sealed and Delivered In the Presence of (SEAL] (SEAL] .....„.0‘' V�% G3T1409: COLORADO, )sa. N, . .....,.i,pMy of ,.yid 11111 _ ' e/oregidn4 jpeti'v� was acknowledged before ma this ?t .: day of r -'.'.I: 19- J , blei i. c . Lahr -so -cc ,,y.6'eunio M . Commission Yxpi)eey' .pt' i 1 1 ,195 C . Wi es my hand and official seal. "•,•.04- 001.0 o ".. .uy xewn nubile. —n on 0 v No. 921A. WARRANTY Oxen. Te Islet Tmeeta—andford-xebWeee Printing Cempser. 5824-48 abut street, nenrrt. Colorado *If by natural person or hereon here Insert name or names : if by person eating In representative or official capacity or es attorney -in -lam then insert name of person Mouton attorne -In-eet or other capacity or deserlepen; a by officer cof cor- poration the„ h,eert name of such fficer or officer., the president or oter ofiers of such carper on, aamingt—allntory Acknowledgment, Sec. 118-6-1 Colorado Revised Statutes 1968. 2 if L?< n [-jails quay Made this 30th /'"/ day of January year of our Lord one thousand nine hundred and Seventy-two , between JACK L. BRACHTENBACH and MARSHA L. BRACHTENBACH a' ???1606404 0" O O a poop Recorded JAN :3 l 19Y., 684 Reception No. 1606404 at 2-32o'clock ? Y. R&H IVOMr t Recorder. In the of the County of Weld , and State of Colorado, of the first part, and MONFORT FEED LOTS, INC., a Colorado Corporation of the County of We Id , and State of Colorado, of the second part: WITNESSETH, That the said part lee of the first part, for and in consideration of the sum of Other Valuable Considerations and One Hundred and No/l00 - - - - DOLLARS, to the said part ies of the first part in hand paid by the said part y of the second part, the receipt whereof Is hereby confessed and acknowledged, ha ye granted, bargained, sold and conveyed, and by these presents do cs ssi grant. bargain, sell, convey and confirm unto the said party of the second part, �u�cata its an a gns, fo • ail the following described lot or parcel of land, situate, lying and being in the County of Weld end State of Colorado, to -wit: A tract of land situate in the SE't and in the S1 of the NEI of Section 7, in Township 5 North, Range 64 West of the 6th ".M., more particularly described as follows: Beginning in the Southeast corner of said Section 7, and running thence as follows: North 3081 feet along the East line of scid Section, . av�ar. a. '—•. . ':"• - •.. arer,-b':i "'1'J' West '[36" .eel; South u9' 40' w -e: —tees, 'Smith 56" 56' West 477.7 feet; South 860 56' West 62 feet; North 810 23' West 315.2 feet; South 07° 33' East 593.5 feet; South 78a 59' West 129 feet; South 02" 26' East 82 feet; South 35" 45' West 472 feet; South 80" 05' East 142 feet; South 56° 59' East 140 feet; South 030 10' East 584 feet; South 36° 52' East 521 feet; South 074 36' East 330 feet; South 86" 56' East 371 feet; South O1° 12' West 430 feet; South 88' 50' East 973 feet more or less to the point of beginning; reserving, however, to the grantor, his heirs, executors, administrators and assigns, any remainder of mineral rights (but not including all sand, gravel and building stone found on the'surface or in the land in such reservation). In- cluding eight (8) shares of the conital stock in The Plumb Irrigation Company in the transfer of the above tract of land; end together tith all other water and water rights and ditch and ditch rights appurtenant thereto; -- ----"------ Dote JA.N.31.1J]t.... CD (-? in TOGETHER with all and singular the hereditament. and appurtenances thereunto belonging, or in any- wise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right, title, interest, claim and demand whatsoever of the said part ies of the first part either in law or equity, of• in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said gremises above bargained and described, with appurtenances, unto uCcesso the said part y of the second part, its :I�ga anrsd assigns forever. And the said part ies of the first part, for themselves , their heirs, executors and administrators, do covenant, grant, bargain and agree to and with the aid part Y of the second part, its successorswettlkyaod assigns, that at the time of the ea - sealing and delivery of these presents they are well seized of the premises above conveyed, as of good, sure, per- fect, absolute and indefeasible estate of inheritance, in law. in fee simple, and ha vegood right, full power and lawful authority to grant. bargain, sell and convey the same in manner and form aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, Sages. assessments and incunsbrances of whatever kind or nature soccer: SUBJECT to reservations contained in the C.S.Patent; subject to mineral reservations' subject to end together with all rights in reservations, easements and exceptions of record, or as used, in relation to all, or any part of the property hereby conveyed' sub ct to liens of special assessments by reason of inclusion el the premises within the boundaries of special districts, it any, sub- ject to 1973 tgxes due and payable January 1, .173 B5and the above premises, in the quiet and peaceable posse don o the daid part y of the second part, its Lena finds iea,gns, against all and every person or persons lawfully claiming or to claim the whole or any part thereof• the said part les of the first part shall and will WARRANT AND FOREVER DEFEND. IN WITNESS WHEREOF, The said part les of the first part have hereunto set their land and seals the day and year first above written. Signed, Sealed and Delivered in Om Presence of i -' .l F / ri(SEAL) "Jack I Bradlirenhach ... /...�:. . c c.'(SEAL) "<fersha 1 Brnchtenbeclt }� w• (SEAL) ST LqqR�'Ajl10, lSS. The foregoing instrument was acknowledged before me this 30th A Ai 1tro�ga day of ... _ January, 19..73, by ' "�••• Jack L. Brachtenbach and Marsha L. Brachtenbach Witness My Hand and Official Seal. /- My Commission ExpiresFeb. 28, 1974__..... Notary Public. WARRANTY DEED —McVey Printery. Greeley. Colorado a�K WARRANTY DEED - CORPORATION ; 698 R.aa.aM n /r+ fl as AUG 24 1973 1620066 Roo N. Mn Swear. Record. a-7 Monfort Feed Lots., Inc. , a corporation duly organized and existing under and by virtue of the laws of the State of Colorado, for and in consid- i oration of Other Valuable Considerations and One Hundred end No/I00 - - - - - Dollars in hand paid, does hereby sell and convey to June Todd J Nof the County of +old and Stale of Colorado, the following real property Ji situate in the County of if ld to -wit: and State of Colorado, m to Premises described on Exhibit A attached hereto and incorporated herein. r4 k Stale Documentary Fee Dale AUG 24 1973 • /0.00 with all its appurtenances, and warrants the title to the same, subject to Reservations contained in the U.S. atent; subject to mineral reservations; subject to and together with all rights in reservations, easements and exceptions of record, or ns used, in relation to all, or any nart of the property hereby conveyed; subject 'to liens rf special assessments by reason of inclusion of the premises within the boundaries of snecial districts, if any, subject to 1973 taxes due and payable January 1, 1974 /0'0 0.0 IN WITNESS WHEREOF said corporation has caused its corporate name to be hereunto subscribed by its President, and its corporate sale to be hereunto affixed, and attested by its Secretary this A '. .- r; � +�. day oL. _.....:....t._�tttilC ..is.I A 19._.23. S r z i L Q'•,,. MONFQRT...k'LEO..b.02S,...I V range * •'m E z : ,�yt•�T a `: a1a�y�,yZJ14,1 t�af Secretary 'STATE OF COLORADO COUNTY OF VELD } ss. it 72 L k ;rt.-President The foregoing instrument was acknowledged before me this '`-'"t day of _ ,r ._A„x A.D.19Z1 by t .Ss:r-r v� l,C._./r- as a —I- t President, sod -v MONFORT FEED LOTS DNC as Secretary of corporation. ' WITNESS my hand and official seal. /- J ©Ntk" Qdmmisslon Expires: // /. /"C .'Cy.r OtQ,_ LA i S «_F..1 b:...L..L.....(s..• Notary Petite 0 0 •N 0 0 0 a aWK 698 1620066 a2- EXHIBIT A ATTACHED TO WARRANTY DEED The following described real properties are located in Weld County, Colorado: PARCEL 11 The East Half of the Southwest Quarter ‘E 1/2 S`' 1/4) of Section Twenty-two (22), in Township Five (5) North, Range Sixty-five (65) West of the Sixth Principal Meridian, in Weld County, Colorado, to- gether with water therefore as represented by one (1) share in the Lower Latham Ditch Company, and together with all other water and water tights and ditch and ditch rights appurtenant thereto; Subject to Agreement recorded in Book 295, Page 454, Weld County Records, special improvement districts, and SUBJECT to and together with all rights in reservations, easements end exceptions of record, or as used, in relation to all, or any oast of the property hereby con- veyed. PARCEL 2. A tract of land situate in the Southeast Quartet (SE 1/4) and in the South Half of the Northeast Quarter IS 1/2 lIE 1/4? of Section Seven (7', in Township Five (5) North, Range Isty-four (64) West of the Sixth "rincinal Meridian, more narticu.arly described as follows: Beginning in the Southeast corner o- aid Section 7, and running [hence as follows: North 3081 feet along the East line of said Section, thence South 87' 04' West 225 fee.; South 63" 55' '•lest 286.5 feet; South B9' 40' West 361 feet; South 86- 56' West 477.7 feet; South 86' 56' nest 62 feet; North 81° 23' West 315.2 feet; South 07' 33' East 593.5 feat; South 78' 59' Blest 129 feet; South 02. 26' East 82 feet; South 35' 45' West 472 feet; South 80' D5' Fast 142 feet; South 56' 59' East 140 feet; South 03- 10' Fast 584 feet; South 36' 52' East 521 feet; South 07° 36' East 330 feet; South 86' 56' East 371 feet; South 01' 12' (lest 430 feet; South 88' 50' East 973 feet more or less to the point of beginning; including eight (8) shares of the capital stock in The 'tomb Irrigation Comnany in the trans- fer of the above tract of lend; and together with all other water and water rights and ditch and ditch rights appurtenant thereto; Subject to previous reservations of all oil, gas and other minerals, but not including all sand, gravel and building stone found on the surface or in the land; Subject to and together with all rights in reservations, easements and an entions of record, or used, in relation to all, or any part of theproperty hereby conveyed. 925 ( Ili at ,--2? 1847206 a-/ R JF,;l 1 v • Scull? of Cc -'r; -lee, Weld County Clerk ° Per rde, PERSONAL REPRESENTATIVE'S DEED (INTESTATE ESTATE) THIS DEED is made by VIRGINIA D. HALL and ILA H. WANDEL, as Co -Personal Represent:tives of the Estate of June Todd, a/k/a Imogene Todd, Deceased, Grantors, to DANIEL J. MOTIS and BILLIE J. MOTIS, as o Joint Tenants, whose address is i.. y /(.51'; WHEREAS, June Todd a/k/a Imogene Todd, Deceased, died intestate at Kersey, Colorado, on October 1, 1978; and O- WHEREAS, Grantors were duly appointed Co -Personal Representatives of said Estate by the District Court in and for the County of Weld, and State of Colorado, Probate No. P-14418, on the 6th day of October, 1978; and are now qualified and acting in said capacity; NOW, THEREFORE, pursuant to the power conferred upon Grantors by Article 12, Section 711, of the Colorado Probate Code, and for the consideration of One Hundred Forty Thousand Dollars ($140,000.00) Grantors sell and convey to Grantees the following real property in Weld County, Colorado, to -wit: A tract of land situate in the Southeast Quarter (SE 1/4) and in the South Half of the Northeast Quarter (51/2 NE',) of Section ono ev(64) en (7), in Township Five (5) North, g Sixty-four West of the Sixth Principal Meridian, more particularly described as follows: Beginning in the Southeast corner of said Section 7, and running thence as follows: North 3081 feet along the East line of said Section, thence South 870 04' West 225 feet; South 63° 55' west 286.5 feet; South 890 40' West 361 feet; South stole Documentary Fee 860 56' West 477.7 feet; South 86° 56' West 62 JAN 1 6 1901 feet; North 810 23' West 315.2 feet; South 07° 33' East East 593.5 feet; South 78° 59West 129 S. 1!Q feet; South 020 26' East 82 feet; South 35° 45' west 472 feet; South 800 05' East 142 feet; South 560 59' East 140 feet; South 03° 10' East 584 feet; south 36° 52' East 521 feet; South 07° 36' East 330 feet; South 86° 56' East 371 feet; South 010 12' West 430 feet; South 88° 50' East 973 feet more or less to the point of beginning, including eight (8) shares of the capital stock in The Plumb Irrigation Company in the transfer of the above tract of land; and together with all other water and water rights and ditch and ditch rights appurtenant thereto; subject to previous reservations of all oil, gas and other minerals, but not including all sand, gravel and building stone found on the surface or in the land, with all appurtenances, subject to any exceptions, conditions, restrictions and reservations of record. Also subject to taxes for the year 1981, due and payable in 1982. e00( 925 • Executed this j 5 day of January, P.D., 1981. Virginia D. Hall Ile H. Wandel Co -Personal Representatives of the Estate of June Todd, a/k/a Imogene Todd, Dec. STATE OF COLORADO, ) ss. COUNTY OF WELD, s The foregoing instrument was acknowledged before me this /5 /' day of January, A.D., 1981, by Virginia 0. Hall and Ila H. Wandel, as o - ,,,,Personal Representatives of the Estate of June Todd, a/k/a Imogene Todd, @'eg2gsed. '(' _.•. WITNESS my hand and official seal. �: \\OTA +Y / ply commission expires: 5'/ (F.31- SATE OF COLORADv 1323 REC 02275b23 01/20/92 14:06 $5.00 1/001 1125 MARY ANN FEUt:RSTIiIN CLERK & RECORDER WELD CO, CO STATII M C0IAMP0 MN Ilia wain CERTIFICATE OF DEATH I e auIa.Tfl' r.l. ,100 ,10 l■J ea Mal16 Y" ity,-1 .« 1M `1 II Y\1"0.01 I1 •Ilr II Y\ �A 3119-124458 ST I 021cl302rir 021.1:1 V' MI cow on.W 01. I MeI1I�M} :,N a�•N M•Y• :1000/«/. e00W mrhl raM�al:4FW. d.a aMM•11 So NOM 1100110 01114000Y 0.11#'1•I mow Borth Colorado Medical Center Kr x • 9t NIP' I4P anus, 13 1934 1p 100:11111.•00 ,ri:ii0+. •1..I .I.■ i+00rMWxr . . Hauaevtte rt. i,..ma:r ViTI I` iY Mcoo" cupric" coos ld f•;1r 80644 .,WI. N ill Off Vi11lsn S. Gaff flu LIT.::1 :I.u+c sky :ewrr :1.•, :awl• :0•r WI. 11 11. us.rreal ma . 701100 If tin 0010000 v 0 •W l• Greets La e /n YTq;TMyI x llliteeti i.Garden. w .0f••• . •M n umber 1991 ..' . • f l f l• 1i (' Ma▪ dison, Wisconsin �N WY4-•1. r71'• Veld m11,i.s.i. vs -r vl•u I'T PCJr .N PN,1«•Vii 1w11N.It• y1M.1 Harried x17..—, case. Crtalev. Celorido t" 00611 anielinkaitatigtlaMlarantallailiailaril Cho 827 W.Ie/Ay hJ011r !1- welt ■x$Iiuos..*T,llrrlr�Y� r� . r$'l..l 11 .1'P+.I. f'j.�'. IS iniel J. Motii Vi Jv11.1 I I' 'l' 111111 J. Hdtis husband etaT, Ca:oredo 0i0r,NN10.0010M w C 'll Del 1040110• Is, if�'y,•, 1 : '4 =1� IWflmr elaiaCO� nn 111000100.0 r U.S11709N ~I .0400__ IN. W1 .5., ol.r .swa waMM11.Itw IP0.lYYww• S••••r1w.w,wwr* a o MI O a. 11011400010001101110010111 WWII pontoon OW I«WI«I IAN MO*SI .Y O. O *OWLCt. 100 .,1108 ''x0.170 wwwwesewwermew town Pt THIS IS TO CERTIFY THAT THIS IS A TRUE AND CORRECT Ct1 OF THE OFFICIAL DATE ISSUED December 4, 1.991 Do not accept tiniest prepared on smithy paper with engraved Fader displaying the Colorado Mlle seal and algnature of the Registrar. PENAI.TY BY LAW, Section 25.2. IL Cnlondd Revised Statutes, 1952, If any slim, ma, attempt' In use or furnishes to another foe deceptive use any vital pMietks record. NOT'VALID IP PHOTOCOPIED. enemas RD WHICH IS IN MY CUSTOM'. CUSTO. SIN / `0.r/MY OWE MSIOROWOOM IIBOtITMN Y WthillIMMWSIDEr `• Reel AR230A302 B 1356 RBC 02308302 10/26/92 16:16 $5.00 1/001 F 0282 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO STATE OF COLORADO) ) COUNTY OF WELD 6$ AFFIDAVIT Wm. H. Southard , EEING FIRST DULY SWORN UPON OATH, DEPOSES AND SAYS THAT HE/SHE IS OF LEGAL AGE AND HAS PERSONAL KNOWLEDGE OF THE FACT THAT Billie Jeanne Motis REFERRED TO IN THE CERTIFIED COPY OF THE DEATH CERTIFICATE, CERTIFIED BY THE STATE REGISTRAR ON December 4.1991 , WAS ONE AND THE SAME PERSON AS Billie J. Mg;is WHO WAS AT THE TIME OF HER/MAID DEATH ON November 25.1991 THE OWNER IN JOINT TENANCY WITH Daniel J. Motis OF THE FOLLOWING DESCRIBED REAL PROPERTY SITUATED IN THE COUNTY OF WIELD, STATE OF COLORADO, TO WIT: A tract of land situate in the SE -1/4 and S-1/2 of NE -1/4 Section 7, Township 5 North, Range 64 West of the 6th P.M., County of Weld, State of Colorado AND FURTHER THAT THE AFFIANT HAS NO RECORD INTEREST IN SAID RiEAL PROPERTY. St. H. Southard The foregoing was acknowledged before me this 27th.day of July 1922_by Wn x snurt,ary Not My commission expires: December 3, 1994 3131.3C13..,,,..°':lock �_M B 1356 REC 02308303 10/26/92 16:17 $10.00 1/002 F 0283 MARY ANN FEUERBTEIN CLERICS RECORDER WELD CO, CO WARRANTY DEED TMIEDEED,Mmew, 26th deya October ter 0- 14. ie 1x92 , Xe-ten DANIEL J. MOT'S of the �County of Weld and State a Colorado, flint. sod BRIAN FERRIS and MARTHA ASBURY . in joint tenancy STATE DOCUMENTARY FEE Data I O— b.. Y::2 $ whose legal addressis 28548 Wald County Road 51 Kersey, Colorado 80644 ofihe County of Weld and Etma of Colorado. Genie: WITNESSETH, That are gamer for end In waademtbn of the am of One Hundred Forty Eight Thousand and 00/100ths--------+^--------- DOLLARS, the mail' and sufMincy4 which I. heftily s:nowldged. ha granted. haguned, sold and conveyed, sod by dew pmam dim grant, batik, .ell, comm and tsmllnn, mods pinta, his kin adaagwhmn. SI1M ml pmpny together waminpmawm. if any, slime, lyingad beleg In the Carly of Hold and Sine of Cokado described a Mows: See exhibit "A" attached hereto a:awn bywat and number a: 28548 Weld County Road 51, Kersey, Colorado 80644 TOGETHER with all and singular the hemlhamvms and appumne ices thereto Winning, ur In anywise uppen.kint. abl the merlon and menior, remainder and mmaiden, em. Moon and milts thereof, and all The teem. ngm, Ink, Mom, claim end demand soh lbetfe of die motor. elder in law tenuity. a, In ad m tho are haganed premhe., with the Medlumem, and gpurlmames. TO HAVE AND TO HOLD Thu mid premises Move bargained and described, with the appunawces, a o are plan, his heirs sod design Mawr. And to grantor, of Mmaeif, hie heirs, and genteel eprexmtivea.amw matt. gram.bargaln,wwl ammo ndMilitia amine, hlahele, ad snips, theta tellma,he mating and delivery 'ahem reset, he Is wallsalted of the p,adwa above consigned. hes gaol, on. perfect, anaelut, W Indefeasible nweainheritance. in in. In fee simple, and Ms god tight, full eves and lawful seen y to grant, bargain. sell enticement', seem in manner and fats a afomsd, and 'Si the rant are An all eke hem ell homer and its pants. Mpalnn. sales, llama, loan. autwvah, n vmnmmn red narininna a wnnewr kid t iemre aawe, inapt general taxes 1'cr 1992 and subsequent years. except easements, restrictions, covenants, conditions, reservations and rights of way of record, if any: The grantor Rolland will WARRANTANDPOREVER DEFENDmeahoe^hnpindpmdam in the MIN EMIpaeeebk ponwiboafha g.awe, hiahein and a,lgn. agWn all and every person apaem Iewmltyolalmin1fl Molteranypan thereof. The Nippier aurae Well include the plural, the plum' the singular, and the me or any gender dal be eoplkabk to all podia. IN WITNESS WHEREAT, the gnaws hes aeenad this deed no the date net forth STATE OP COLORADO County of Held ihe Wring hwmmana sow acknowledged bake, m this 26th day of October .19 92 , 'yr .�.�/"_''Daniel J. Notie My eoarpkkiiglyli'.pepamber 1 ,I 494 Witten my had and official seal. 01A y d8 k Oenm, heHn:T,5ty sod ". 6Z -1•4-9C ens - a abet 1113 10th Avenue Greeley, Colorado 80631 Nov MM. Rn.TN. WSIWTY ottoMeraewarww isms uakatiwaa.,HwW.GibAve,.LWweeds COaws—la.ls.wp a^111 • , • R 1456 NEC 02308303 10/26/92 16:17 410.00 2/002 F 0284 MARY ANN FEOERSTEIN CLERK 6 RECORDER WELD CO, CO "EXHIBIT A" LEGAL DESCRIPTION A tract of land situate in the SE1/4 and the 81/2 of the NE1/4 of Section 7, Township 6 North, Range 64 West of the 6th P.N., County of Weld, State of Colorado, more particularly described as follows: Beginning in the Southeast corner of said Section 7, and running thence as follows: North 3081 feet along the East line of said Section, thence South 87 degrees 04 minutes West 225 feet; South 63 degrees 55 minutes West 286.5 feet; South 89 degrees 40 minutes West 361 feet; South 86 degrees 56 minutes West 477.7 feet; South 86 degrees 56 minutes West 62 feet; North 81 degrees 23 minutes West 315.2 feet; South 07 degrees 33 minutes East 593.5 feet; South 78 degrees 59 minutes West 129 feet; South 02 degrees 26 minutes East 82 feet; South 35 degrees 45 minutes West 472 feet; South 80 degrees 05 minutes East 142 feet; South 56 degrees 59 minutes East 140 feet; South 03 degrees 20 minutes East 584 feet; South 36 degrees 52 minutes East 521 feet; South 07 degrees 36 minutes East 330 feet; South 86 degrees 56 minutes East 371 feet; South 01 degree 12 minutes West 430 feet; South 88 degrees 50 minutes Eaet 973 feet more or less to the point of beginning. • • 11111 111111111III 1111111111 HIDED U.,01C1 ? 35AG ► 2872999 08/0812001 03:22P JA Sukl Tsukamoto 1 of 15 R 75.00 0 53.25 Weld County CO Dr 1O3- z5 999 GENERAL WARRANTY DEED THIS DEED is made as of this A day of April, 2001, by and between BRIAN FERRIS and MARTHA FERRIS, F/K/A MARTHA ASBURY ("Grantors"), 24819 Weld County Road 58, Greeley, CO, and ANACAPA LAND COMPANY, LLC, a Delaware limited liability company ("Grantee"), 6700 (Coll Center Parkway, Suite 200, Pleasanton, CA. Grantors, for and in consideration of the sum of Six Hundred Thirty Two Thousand Five Hundred Dollars and 00/100 ($632,500.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, have granted, bargained, sold and conveyed, and by these presents do grant, bargain, sell, convey and confirm unto Grantee, its successors and assigns forever, all the real property together with improvements, if any, located in Weld County, Colorado, more particularly described on Exhibit A attached hereto and incorporated,herein by this reference. TOGETHER WITI-I all and singular hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversions, remainders, rents, issues and profits thereof; and all the estate, right, title, interest, claim and demand whatsoever of the Grantors, either in law or in equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TOGETHER WITH eight (8) shares of the Plumb Ditch Company system with all appurtenances thereto, including any equipment or other personalty or fixtures used for the supply, diversion, storage, treatment, or distribution of water on or in connection therewith. TO IIAVE AND TO HOLD all the property above bargained and described, with the appurtenances, unto Grantee, its successors and assigns forever. Grantors, for themselves, their successors and assigns, covenant and agree that Grantors shall and will WARRANT AND FOREVER DEFEND the above bargained premises in the quiet and peaceable possession of Grantee, its successors and assigns, against all and every person or persons lawfully claiming or to claim the whole or any part thereof, except for those matters set forth on Exhibit B attached hereto and incorporated herein by this reference, IN WITNESS WHEREOF, Grantors have executed this deed on the date set forth above. BRIAN FERRIS ‘-1171 STATE OF COLORADO COUNTY OF WflJD ARTHA FERRIS, f/k/a MARTHA ASBURY ) ss. The foregoing instrument was acknowledged before me this ILIALday of April, 2001, by Brian Ferris and Martha Ferris, f/k/a Martha Asbury. WITNESS my hand and official sea My commission expires: 11111111111111111111111! 11111 I I 11111111 I I! 11111 I l l I I I I! 2872999 08/08/2001 03:22P JA Sukl 7aukamoto 2 of 16 A 76.00 0 63.26 Wald County Co I It it ttheN iMiI Order No. 0019935A01-5 I11111111111111111111111II111III1111111III111111111i111 3 of 16 A 75.00 p 63.26 Weld County CO parcel of land located in the East One -Half of Section 7, and the Northeast Quarter of Section 18, Township 5 North, Range 64 West, of the 6th P.M., .e_ci County, Colorado and being more particularly described as follows: _ecinning at the Southeast Corner cf Section 7, Township S North, Range 64 of the Eth P.M., Weld County, Colorado; Thence North raid Section thence South Thence South Thence South Thence South Thence South Thence South Thence South Thence South Thence South Thence South Thence South Thence South Thence South Thence South _hence South Thence South Thence South Thence South Thence South Thence South Thence South 87`13'24" East a distance of 371.90 feet; Thence South 00'00'39' East a distance of 428.86 feet to a point on the South Line of the Southeast One -Quarter of said Section 7; Thence North 89'59'21" East a distance of 172.53 feet along said South Line; Thence South 76'39'06" East a distance of 419.24 feet; Thence South 72'30'15` East a distance of 210.25 feet; Thence South 68'38'16' East a distance of 172.75 feet; Thence North 0C-00'07" West a distance of 223.07 feet to a point on said South Line of the Southeast One -Quarter of said Section 7; Thence North 89'59'21" East a distance of 20.23 feet along said South Line to the Point of Beginning, County of Weld, State of Colorado. 00'00'00 7; 82'59'58 64'03'55 86'47'48 82'48'24 08'22'23 78 16'14 06'32'51 30`55'03 47 54'51 36'55'24 7936'54 29'28'33" 56'14'21` 04'14'06" 12'58'35" 20'58'25" 52'19'45" 25'52'38" 63'34'14" 05'28'08" East a distance of 3082.00 feet along the East line of West West West West East West East West West West East East East East a distance East a distance East a distance West a distance East a distance East a distance East a distance a distance a distance a distance a distance a distance a distance a distance a distance a distance a distance a distance a distance a distance of 225.15 feet; of 247.93 feet; of 915.62 feet; of 327.51 feet; of 590,18 feet; of 176.74 feet; of 82.91 feet; of ;81.95 feet; of 111.35 feet; of 189.11 feet; of 162.21 feet; of 21.00 feet; of 116.74 feet; of 573.73 feet; of 133.11 feet; of 93.55 feet; of 22.66 feet; of 75.57 feet; of 283.85 feet; of 306.29 feet; Ifor informational purposes only) 24819 Weld County Road 58 • • 1 111111 1111 111111 11111 11111 111 111111 111 11111 1111 III 480198 5 R 75.00 C1 03:22P JA Uhl D 53.25 Weld County CO moto BOUNDARY LINE AGREEMENT This Boundary Line Agreement (the "Agreement") is made by and between Brian Ferris and Martha Ferris, f/k/a Martha Asbury (the "Ferris') whose address is 24819 Weld County Road 58, Greeley, CO 80631, and James D. Klein and Betsy A. Klein ("the Kleins") whose address is 28465 Weld County Road 49'1, Greeley, CO 80631. The Ferris' own certain real property (the "Ferris Property") located in Weld County, Colorado, described on Exhibit A attached hereto, which shares a boundary line with certain real property owned by the Kleins (the "Klein Property") described on Exhibit B attached hereto. The boundary line is shown on the plat attached hereto as Exhibit C. The Ferris' and the Kleins have agreed that henceforth the boundary line between the Ferris Property and the Klein Property shall coincide with the common fence line between the Ferris Property and the Klein Property as shown on Exhibit C (the "Common Boundary Line"). The Ferris' and the Kleins agree and permanently establish by this Agreement the Common Boundary Line as the true and correct boundary line between the Ferris Property and the Klein Property. In consideration of the agreements set forth herein, the Ferris' do hereby convey and quitclaim to the Kleins any and all right, title and interest which they may have in and to any portion of the Ferris Property located to the west of the Common Boundary Line. In consideration of the covenants and agreements set forth herein, the Kleins do hereby convey and quitclaim to the Ferris' any and all right, title and interest which they may have in and to any portion of the Klein Property located to the east of the Common Boundary Line. This Agreement and the Common Boundary Line established herein constitute covenants which run with and which shall forever benefit and burden both the Ferris Property and the Klein Property. These covenants shall inure to the benefit of and be binding upon the Ferris', the Kleins, and their respective heirs, successors and assigns. This Agreement may be executed in counterparts which, taken together, shall be deemed one original and shall constitute one and the same instrument. SIGNATURES CONTINUE ON NEXT PAGE • • 1111111 11111 111111 11111 11111 HMI 11111 2872999 08108/2001 03:22P JA Sukl Tsukamoto 5 0l 15 R 75.00 D 63.25 Weld County CO Dated as of //Z 5 , 2001. Brian Ferris aknao D. . rtha Ferris, f/k/a Martha Asbury James 17. Klein Betsy Ain • 1111111 111111111111 11111 11111111 1111111 III 11111 111111 68 f 16 00/0812001 / 76.000D6326 Weld County CoP JA Suki mola STATE OF Cet".1 COUNTY OF LJ • The foregoing instrument was acknowledged before me this day of , 2001 by Brian Ferris and Martha Ferris, f/k/a Martha Asbury. Witness my hand and official seal. IS- aoOa- My commission expires: STATE OF C0-60 ci COUNTY OF W AM ) ss. .— A=`` Notary Public -tom The foregoing instrument was acknowledged before me thisaS day of , 2001 by James D. Klein and Betsy A. Klein. Witness my hand and official seal, My commission expires: Notary Public • 11111111111111111111111111111 I11 l l l l l l l I I11111111111111 1870199195 R 75.00 0 D 63.252 W ld County gp mote EXHIBIT A Ferris Property Legal Description A tract of land situate in the 521/4 and the 81/2 of the Nes/4 of Section 7, Township 5 North, Range 64 West of the 6th A.M., county of Weld, State of Colorado, more particularly described as follows; aagihninq in the southeast corner of said Section 7, and running thence as follows; North 2081 test along the East line of laid section, theres South B7 degrees 04 minutes West 225 feat; South 63 degrees 55 minutes Most 286.5 feet; south 89 degrees 40 minutes West 761 lest; South 46 degraas 56 minutes Neat 477.7 test; South 66 degrees 54 minutes West 67 feet; North 61 degrees 23 minutes West 315.2 feet; South 07 degrees 33 minutes East 593.5 feat; South 7a degrees 99 minutes West 119 feat; South 02 degrees 26 minutes East 82 feat; South 35 degrees 45 minutes West 472 lest; South 60 degrees 05 minutes scat 142 feat; South 56 degrees 59 minutes East 140 feet; South 03 degrees 10 minutes East 564 Coat; South 36 degrees 52 minutes East 521 feet; South 07 degrees 36 minutes East 330 feet; South 86 degrees 56 minntea East 371 feet; South 01 degree 12 minutes West 430 feet; South 89 degrees 50 minutes East 973 feet more or less to the point of beginning. 18Illlt!1111111111111111111111ill1111111LII11111111�DL of 15 R 75.00 D 63.26 Weld County CO EXHIBIT B Klein Property Legal Description All cf the KAk of Section 1, Township 5 North, Range 64, Nest Of the 6th P M., EXCEPT:NC above 2.4 acres is the Southeast Corner th▪ ereof lying between tn- North -nd middle hra"eh-a o' P1"nh Ditch, whith 2.4 acres is pore particularly described ae follows: 9CCINNING at a point on the East line of said SE4 of the Nwk 147.1 feat Hart.', of the Southeast Corner thereof, thence 562'34'W 261.1 Lest, thence N10.23'W 258,5 feet. thence N1f'50'E 66 feet, North 37'33'E 421.7 feet to a point on the East lire c: said SE4 of the NMI, thence South 512.2 feet along said East line to the place of IECINNINC The N4 cf the S$k and all of the SE4 of said Section 7, t he 5k of the NLk of Suction 7. and the NW4 Of the NE4 c: said Section 7, ill in Township 5 Nctih, Range 54 west of the 6th P. R., EX:EPTENC therefrom the tallow:es described parcels: sr :wr:IC at the Northeast corner of said SE4 of the 11E4, thonc,. South e95 foot along the East line thereof, thence 507.4'W 225 feet, thence 563'55W 296.5 feet, thence Se9'4E'll 361 feet, thence 556.54'1Z 417.7 feet to a point on the West lino of said SE@ o5 the NE4 259.5 _feet North of the Southwest corner thereof, thence Nor L1 1060.5 !net morn 0: lest, alonn the Nast lint nS sand SE 4 of the NE1 to the Northwest corner, thereof, thence East 1330 feet more or leas alone the North Line of said SE4 of the Nt' to the ?DINT Cr IEC:NN:NC. 5ECINNING at the northeast corner of said SWk of the NEk, thence teeth 1060,5 feet along the East line thereof to a point 259.5 feet ao:th of the Southeast Corner of Raid sw4 of the NE4, thence $6G'56'w 62 feet, thence N91.2]'W 115.2 feat, thence N67'S4';1 300 foot, thence 581.26'W 461,5 feet, then:c 662']4'10 214.3 feet, acre or less to a point on the West ling of said !n4 of the NE'', 147,1 feet North of the Southwest Corner theret thence North 511.2 feet along the West line or said Swk of the NE4 thence N77']3't ;].G feet, t 'w :Cc N24')2'E 349 feet, thence N?S•45't 306,7 feat more or less to a paint on the North Lich: cC said SW: of the NE4, thence Cast 946 feet nova or loss along sold North'lire to the place o BZO:NNINC. 1 ECINN:NG at the SE Corner of Cold NW4 of the NE4. thence West 346 feet along the South line thereof, thence, NSS'45'E 78.8 feet, thence, North 31• tact 425.5 feet. thence N21'22'E 200 fact :honer NUR'E 109 fee} th-nc- 594'ln'E 113.6 feet, thence N21'40'E 141 feet, thence N64'49'E 106 feet to s point on the East line of said NW4 of the NE4, 62➢,2 feet North of the Southeast corner thereof: "thence Louth 828,2 feet along said East Line to the pc.ACE or B C1flNt NG. . BECINNINO at the Southeast earner of said Section 7 and running thence as fallnws, North 3081 feet along the Last line of said S eatIon, thence S57'04'w 225 fest; 56]'55'44 286.5 feet; 588'10'44 361 feet; 366'56'11 177.7 feet; 816•56'N 62 feat( N81•23 ill 315.2 feet; 507'33't 593.5 feat: 578'59'44 129 feet( iO2.26'E 12 feat; 535•45'W 472 feat; 59C'OS'E 142 feet; 556•S9't 140 feet; 503110'E 584 feet( S36.52'E 521 feet; 607'36'E 330 feet; SS6.56'L 371 feet; 501.12'w 420 feet; Se8'50'E 97] feet nore'or less to the POINT OF BEGINNING. EXHIBIT C COMMON BOUNDARY LINE RON aid MAR331A RAKER REM 0242024) s 6s -sole 225.151 9 649$56' W 247.9$ s 7696'14• W 126.74' 5 067$51' E 62.91' 9 3075'03' 161.35' 4 4774'51' W 111.35' 5 36'55'24' W 189.11' 4 7976'54' E 152.21' S 2926'3$ E J/ 21.00' 'Es OAWO and 9115$ ANN KLEIN REC. 2457098 N 82'46'24 W 327.53 tw 4 5614'21' E N 118.7' 5 1276'35' E 133.7' 5 207925' E 93.55' $ 3219'43 W 22.86' Ferris Property 105.347 AC. OR 4,588,910 SF. 4 257$36' E 75.37 9 63'34'14' E 263.06' 9 66'4$46' W g16.6$ n 5 6713'24' E 371.60' N S. LINE SE I/4 SECTION 7-T.5N.-R.641% P 0.4 N 6979'21' E 2636.19 COUNT $ 1/4 CORNER ' 004n $8 i^ SEC 7-T.5N.-R64W. N 897921' EUGENE I.. WNRIER and HELEN 6. GLIMMER REM 117799777897 et 0 W 8 E 96206 CORNER SEC 7-7.5N.-R.64W. 11111111111111111111111111111 I I 11111111 I I 111111 l l l l l l l l 2872999 08/08/2001 03:22P JA Sub 7sukamoto 9 of 15 R 75.00 0 63.25 Weld County CO I1111111111111111I 1111111111 III 111111 111111111 111 111 2872999 10 of 15 8075.001 U 63.25 P JA Saki to Weld County C0CCO BOUNDARY LINE AGREEMENT This Boundary Line Agreement (the "Agreement") is made by and between Brian Ferris and Martha Ferris, f/k/a Martha Asbury (the "Ferris") whose address is 24819 Weld County Road 58, Greeley, CO 80631, and Eugene L. Gunther and Helen D. Gunther ("the Gunthers"), whose address is 24566 Weld County Road 58, Greeley, CO 80631. The Ferris' own certain real property (the "Ferris Property") located in Weld County, Colorado, described on Exhibit A attached hereto, which shares a boundary line with certain real property owned by the Gunthers (the "Gunther Property") described on Exhibit 13 attached hereto. The boundary line is shown on the plat attached hereto as Exhibit C. The Ferris' and the Gunthers have agreed that henceforth the boundary line between the Ferris Property and the Gunther Property shall coincide with the common fence line between the Ferris Property and the Gunther Property as shown on Exhibit C (the "Common Boundary Line"). The Ferris' and the Gunthers agree and permanently establish by this Agreement the Common Boundary Line as the true and correct boundary line between the Ferris Property and the Gunther Property. In consideration of the agreements set forth herein, the Ferris' do hereby convey and quitclaim to the Gunthers any and all right, title and interest which they may have in and to any portion of the Ferris Property located to the south of the Common Boundary Line. In consideration of the covenants and agreements set forth herein, the Gunthers do hereby convey and quitclaim to the Ferris' any and all right, title and interest which they may have in and to any portion of the Gunther Property located to the north of the Common Boundary Line, LESS AND EXCEPT all right, title and interest in and to any oil, gas and other hydrocarbons, and the right to explore for, develop and produce same, as well as the right to lease the property herein conveyed for such purposes, but without the right to use, or right of any ingress to or egress from, the surface of the property herein conveyed. This Agreement and the Common Boundary Line established herein constitute covenants which run with and which shall forever benefit and burden both the Ferris Property and the Gunther Property. These covenants shall inure to the benefit of and be binding upon the Ferris', the Gunthers, and their respective heirs, successors and assigns. This Agreement may be executed in counterparts which, taken together, shall be deemed one original and shall constitute one and the same instrument. SIGNATURES CONTINUE ON NEXT PAGE • Dated as of 111111111111111111111111 IIIB III 1111111 III 111111 III 1111 2872999 08/0812001 03:22P JA Sukl Tsukamoto 11 of 15 R 75.00 D 63.26 Weld County CO , 2001. 776 Brian Ferris e -- Ferns, f/k/a Martha Asbury Eulle L. Gunther Helen D. Gunther 1 111111 1111111 11111 III 1111111 III 111111 III 1111 2872999 08/08/2001 03:22P JA Sukl Taukamoto 12 of 15 R 75.00 D 63.25 Weld County CO STATE OF t-t^"a d ' ) ss. COUNTY OF L)P11to- ) The foregoing instrument was acknowledged before me this day of 2001 by Brian Ferris and Martha Ferris, f/k/a Martha Asbury. Witness my hand and official seal. My commission expires: STATE OF Ci-Qp,qdis" COUNTY OF Li -\s- aoO) ) ss. Notary Public A. The foregoing instrument was acknowledged before me this day of , 2001 by Eugene L. Gunther and Helen D. Gunther. Witness my hand and official seal. My commission expires: 8—,s— aoQ> , „.,•'‘ N. aUAF •. ALT) Notary Public i ca;• • 111111IIIIIIlItIIIIII11IIII1I 1111111 III 11111IIIl1II 13 at 15 R 76.90 D 63.26 Weld County CO EXHIBIT A Ferris Property Legal Description • A tract of land situate in the SE1/4 and the sl/2 of the NE1/4 of Section 7, Township 5 North, Range e4 Wait of the 6th P.N., county of Weld, State of Colorado, Mora particularly described ae fo11ows: Beginning in the southeast corner of said Section 7, and running thence as follows! North 3001 feet: along the East line of said Section, thence South 17 degrees 04 minutes West 225 feat; South 63 degrees 55 minutes West 206.5 feet; South 09 degrees 40 minutes West 361 feet; South 06 degrees 56 minutes Poet 477:7 feet; South 06 degrees 56 minutes Peat 62 feet; North 51 degrees 23 minutes West 315.2 fest; South 07 degrees 33 minutes East 593.5 fast; south 78 degrees S9 minute' West 129 fest; South 02 degrees 26 minutes East 02 feat; South 35 degrees 45 minuted West 472 Lest; South SO degrees 05 minutes East 142 feat; south 56 degrees 55 minutes East 140 feet; South 03 degrees 10 minutes East 504 Coat; South 36 degrees 52 minutes East 521 feet; South 07 degrees 36 minutes East 330 fest; Snuth 06 degrees 56 Minutes Eaat 371 feet; South 01 degree 12 minutes West 430 feet; South SO degrees 50 minutes East 973 feet more or less to the point of beginning. • 111111IL I�Ib\I�11�111� \L\\B\II1�I1I%\LI\1\\II\ 2672999 p619 p 63.26 Weld County 14 of 1b R•�•� EXHIBIT B Gunther Property Legal Description • Township 5 North, Range 65 West, 6°' P.M. Section 18: E1/2NE1/4 EXHIBIT C COMMON BOUNDARY LINE N S 7616.14' W 125.74' S 06'32'51' E 52.91' S 3015'67 181.95' S 4714'51' W 111.35' RON and MARSHA BAKER REC. 0242024) 5 5219'55' W 225.15' N 52'46'24' 1y S 68'4716' W J2751' 91662' S 5443'55' 247.93' S 159.11'3815' 1' Ferris Property 105.347 AC. OR 4,588,910 9.F. S 79'36'54' E 162.21' S 2975'37 E 21.00' S 5614'2r E 116.74' 1ES PAI1O and BETSY ANN KLEIN REC. 2457086 5 1216'3& E 133.11' S 20'58'25' E 93.55' S 5219'45' W 22.86' S 2512'38' E 75.37 S 8374'11' E 283.05' S 871724 E 371.90' A 3 n S. UNE SE 7/4 SECTION 7-7.SN.-R.6419 N 09'69'21' E 96208'eSE CORNER CORNER _- --•_-• N 59'59'21' E 263618' C�NT SEC CORNER -R64W. SEC 7-1:SN.64W. y ROgp 68 EUGENE L. CUNINER and HELEN O. GUNTHER REC. 167789777897 11111111tH 1111111 1111 1111 III HiA ll III 111111 111 15 of 15 R 75.00 0 63.25 weld County CO of 1111111111111111111111111111111111 IIIII 111 �� U11 II11 3516023 11/07/2007 11:27A Weld County, CO 1 or 4 R 21.00 D 34,58 Steve Moreno Clerk & Recorder SPECIAL WARRANTY DEED F ?A This Special Warranty Deed (this "Deed") is dated as of this 6th day of November, 2007, between ANACAPA LAND COMPANY, LLC, a Delaware limited liability company ("Grantor") whose address is 50 West San Fernando Street, San Jose, California 95113, to PLUMB RIDGE LLC, a Colorado limited liability company, ("Grantee"), whose address is 14339 WCR 74, Eaton, Colorado 80615. WITNESSETH, that Grantor, for and in consideration of the sum of $345,800.00 (the "Purchase Price"), the receipt whereof is hereby confessed and acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm unto Grantee, its successors and assigns forever, all of that certain real property, situate, lying and being in the County of Weld, State of Colorado, more particularly described in Exhibit A attached hereto, which is incorporated herein by reference (the "Property"). The street address for the Property is 24819 WCR 58, Greeley, Colorado 80631; TOGETHER WITH all and singular the hereditaments and appurtenances thereunto belonging, or in any ways appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right, title, interest, claim and demand whatsoever, of Grantor, either in law or equity, of, in and to the Property; SUBJECT TO the "Permitted Exceptions," which shall mean (a) real property taxes and assessments for 2007 and subsequent years; (b) building, zoning and other applicable ordinances and regulations of the County of Weld, State of Colorado; and (c) the reservations, exceptions, easements, rights -of -way, restrictive covenants, conditions and other matters listed as Permitted Exceptions on Exhibit B attached hereto; TO HAVE AND TO HOLD the Property with the appurtenances, unto Grantee, its successors and assigns forever; AND Grantor, for itself, its successors and assigns, covenants and agrees to and with Grantee, its successors and assigns, to warrant and defend the quiet and peaceable possession of the Properly, by Grantee, its successors and assigns, against every person who lawfully claims the Property or any part thereof, by, through or under Grantor, subject to the Permitted Exceptions. [Signature on next page] L31vu e� 1111111 11111 111111 1111 111111 113 1111111 1111 11111111 3516023 11/07/2007 11:27A Weld County, CO 2 of 4 R 21.00 D 34.58 Steve Moreno Clerk & Recorder IN WITNESS WHEREOF, Grantor has executed this Special Warranty Deed as of the day and year first written above. 4/7/ANACAPA LAND COMPANY, LLC, a Delaware limited liability company By: Name: William Chenette Title: Vice President STATE OF TEXAS ) ss. COUNTY OF HARRIS The foregoing instrument was acknowledged before me this I s4 day of N n d P nn Y1P R , 2007, by William Chenette, as Vice President of Anacapa Land Company, LLC, a Delaware limited liability company. Witness my hand and official seal. My commission expires: b - o `1-O9 HILDA GONZALES b NOTARY PUBLIC, STATE OF TEXAS MV COMMISSION EXPIRES JUNE 7, 2009 � Notary Public -2- 1111111 1111111111111I1111111111I1111111 I I \ 1111111111111eld County, 3516023 3 0l 4 R 1167121.0 D 11 Steve Moreno Clerk & Recorder EXHIBIT A TO SPECIAL WARRANTY DEED Legal Description of Property A parcel of land located in the East 1/2 of Section 7, and the Northeast 1/4 of Section 18, Township 5 North, Range 64 West, of the 6th P.M., County of Weld, State of Colorado and being more particularly described as follows: Beginning at the Southeast Corner of Section 7, Township 5 North, Range 64 West of the 6th P.M. , County of Weld, State of Colorado; Thence North 00°00'00" East a distance of 3081.00 feet along the East line of said Section 7; Thence South 82°59'58" West a distance of 225.15 feet; Thence South 64°03'55" West a distance of 247.93 feet; Thence South 86°47'48" West a distance of 915.62 feet; Thence South 82°48'24" West a distance of 327.51 feet; Thence South 08°22'23" East a distance of 590.18 feet; Thence South 78°16'14" West a distance of 126.74 feet; Thence South 06°32'51" East a distance of 82.91 feet; Thence South 30°55'03" West a distance of 181.95 feet; Thence South 47°54'51" West a distance of 111.35 feet; Thence South 36°55'24" West a distance of 189.11 feet; Thence South 79°36'54" East a distance of 162.21 feet; Thence South 29°28'33" East a distance of 21.00 feet Thence South 56°14'21" East a distance of 116.74 feet; Thence South 04°14'06" East a distance of 573.73 feet; Thence South 12°58'35" East a distance of 133.11 feet; Thence South 20°58'25" East a distance of 93.55 feet; Thence South 52°19'45" West a distance of 22.66 feet; Thence South 25°52'38" East a distance of 75.57 feet; Thence South 63°34'14" East a distance of 283.05 feet; Thence South 05°28'08" East a distance of 306.29 feet; Thence South 87°13'24" East a distance of 371.90 feet, Thence South 00°00'39" East a distance of 428.86 feet to a point on the South Line of the Southeast 1/4 of said Section 7; Thence North 89°59'21" East a distance of 172.53 feet along said South Line; Thence South 76°39'06" East a distance of 419.24 feet; Thence South 72°30'15" East a distance of 210.25 feet; Thence South 68°38'16" East a distance of 172.75 feet, Thence North 00°00'07" West a distance of 223.07 feet to a point on said South Line of the Southeast 1/4 of said Section 7; Thence North 89°59'21" East a distance of 20.23 feet along said South Line to the Point of Beginning. Excepting therefrom any part located in the Northeast 1/4 of Section 18, Township 5 North, Range 64 West, of the 6th P.M., County of Weld, State of Colorado. A-1 • IIIl1\I11111NII11111111111lit11111IIIIIIII11111III 11:27A Weld County, CO 4 of 4 R 21.00 D 34.58 Steve Morena Clerk & Recorder EXHIBIT B TO SPECIAL WARRANTY DEED Permitted Exception 1. Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments and any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Taxes and assessments for the year of closing and subsequent years, a lien not yet due or payable. 6. My interest which may have been acquired by the public in the 30 feet of subject property by reason of resolution of Board of County Commissioners recorded October 14,1889 in Book 86 at Page 273, which provides for public roads 30 feet on each side of section lines on the public domain. 7. Plumb ditch, and any and all rights of way therefore as evidenced in deed recorded March 23, 1946 in Book 1174 at Page 588, in which the specific location is not defined. 8. Reservations made by Frederic A. Plumb, Margaret P. Patterson, Dorothy P. Burns and Donald F. Plumb, as described in deed recorded March 23, 1946 in Book 1174 at Page 588, and any interests therein or rights thereunder. 9. Reservations made by Ovid N. Plumb, as described in deed recorded February 27, 1959 h Book 1525 at Page 488, and any interests therein or rights thereunder. 10. Reservations made by Laurence W. Plumb, as described in deed recorded February 8, 1965 in Book 534 at Reception No. 1455808, and any interests therein or rights thereunder. 11. Terms, agreements, provisions, conditions, obligations and easements as contained in Boundary Line Agreement, recorded August 8, 2001 at Reception No. 2872999. 11111111111111111111111111111111111111�11111111��IIII 220 3580220 11112/2008 02:49P Weld County, CO 1 al 1R 8.00 0 55 CO Steve Moreno Clerk 8 Recorder -4, WHEN RECORDED RETURN TO: ' tourney Ventures, LLC, a Colorado limited liability company sc• P.O. Box 129 Greeley, CO 80632 SDP $55.00 SPECIAL WARRANTY DEED THIS DEED, dated November 10, 2008, between Plumb Ridge LLC, a Colorado limited liability company, duly organized and existing under and by virtue of the laws of the State of Colorado, grantor(S), and Journey Ventures, LLC, a Colorado limited liability company, duly organized and existing under and by virtue of the laws of the State of Colorado, whose legal address is P.O. Box 129, Greeley, CO 80632, of the County of Weld and State of Colorado, grantee(s): nd and WITNESS, that the 00.0),, for and In the receipt andderation of sufficiency of which is herebysum of Five uacknowledged, red Fifty has a9 anted, bar ain , sold aconveyed, ($550,000.00), bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the grantee(s), Its successors and assigns forever, all the real property, together with Improvements, If any, situate, lying and being in the County of Weld and State of Colorado, described as follows: Lot B of Recorded Exemption No. 0963-07-4 RE -4744, recorded February 11, 2008 at Reception No. 3534670, being a part of the Southeast 1/4 and the Southeast 1/4 of the Northeast 1/4 of Section 7, Township 5 North, Range 64 West of the 6th P.M., County of Weld, State of Colorado. also known by street and number as: TBD WCR 58, Greeley, CO 80631 d appurtenances o ng, or n ise TOGETHER and thth e reil and version andular the heredltarnents reversions, remainder andnremainders rents, Issues tnd profitsithereof, land all the appertaining, of, in and to the estate, right, title, interest, claim and demand whatsoever of the grantor(s), either in law or equity, above bargained premises, with the hereditaments and appurtenances; TO HAVE AND TO HOLD the said premises above bargained and described with the appurtenances, unto the grantee(s), its successors and assigns forever. The grantor(s), for Itself, Its successors and assigns, clots covenant and agree that shall and will WIts successorNT AND s and assigns,REVER END the agalinst aloandbargained premises e every person or personsn lawfullylawfully claiming tet and he e essbn of the grantee(s), whole or any part thereof, by, through or under the grantor(s), except general taxes for the year 2008 and subsequent years, and except easements, covenants, conditions, restrictions, reservations, and rights of way of record, if any. The singular number shall Include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF, the grantor has executed this deed on the date set forth above. Plumb Colorado limited liability company odd Bean as Manager STATE OF COLORADO COUNTY OF WELD The foregoing Instrument was acknowledged before me on f t i C' • re by Todd Bean who personally appeared as Manager of Plumb Ridge LLC, a Colorado limited liability compny. Witness my hand and official seal. My Commission Expires: f-.1 L . e Not c )SS IPIRA K:1,15labER File No.: 52-0004554 SWD Corp to Corp-DOC 1.1281060 11)6/08 10:42 AM 4 CENTRAL WELD COUNTY WATER DISTRICT August 12, 2009 JC York J&T Consultants Suite 120 1400 W 122nd Avenue Westminster, CO 80234 RE: Additional Water Service for the Journey Ventures Land property Dear JC: This letter is in response to a request for water service to serve the following property described as follows: Lotfiof Recorded Exemption No. 0963-07-4 RE 4744, recorded February 11, 2008 at Reception No. 3534670, being a part of the SE 14 and the SE 14 of the NE 1/4 of Section 7, Township 5 North, Range 64 West of the 6th P.M., County of Weld, State of Colorado Water service is presently available to the above described property by tap number 1354 located at Weld County Road 51 between Weld County Roads 58 & 60. Additional water service can be made available to this property, provided all requirements of Central Weld County Water District, Northern Colorado Water Conservancy District and the Bureau are satisfied. Please note that you are responsible for confirming that this property has met the requirements of Northern Colorado Water Conservancy District and the Bureau. Central Weld cannot issue a tap until all requirements are satisfied. Central Weld County Water District requires that contracts be consummated within one (1) year from the date of this letter or this letter shall become null and void unless extended in writing by the District. Please contact the Central Weld office for further information about water service. Due to the rapid cost increase of raw water, existing tap fees may not apply for water service to this property. The District will not notify, by separate letter, any prospective landowners or land purchasers of tap fee or line extension cost increases. The cost of a tap fee and/or improvements will have to be paid in advance to the District by the prospective customer in accordance with District policy. It is your responsibility to confirm with your local Fire Protection Authority if fire flow water capacity is required for your project. If you have any questions regarding the above, please contact this office. Sincerely, CENTRAL WELD COUNTY WATER DISTRICT ohn W. JWZ/jb , General Manager 2235 2nd Avenue • Greeley, Colorado 80631 • Phone (970) 352-1284 • Fax (970) 353-5865 John W. Zadel, General Manager ANCIENT CAVERS EARLY COLONIAL LIFE WORKING TOGETHER The acquisition of the Frazier site is another example of the Conservancy working with a developer. The Frazier site is located southwest of the South Platte River in north -central Colorado. It was discovered in 1965 by geologist Frank Frazier. who told the late Marie Wormington, an archaeologist at the Denver Museum of Natural I listorv. about it. In 1965-67. Wormington directed the Denver Museum of Natural History's excavation of the site.The excavators found over "i0 partial bison remains, pro- jectile points, scrapers, bilacial knives, gravers, and debitage. They also discovered a number of Agate Basin points associ- ated with the bones. -The site was definitely not a kill site. Based on our exca- vation, it seems more like a camping area in which bison were cut up and eaten." said archaeologist Ruthann Knud- son. who worked with Wormington. This was clear from the bison remains. which primarily consisted of the edible portions. fhe kill and primary butchering areas haven't been found, but are assumed to have been nearby. Frazier is distinctive in that it may be the only Agate Basin site in the Western I hnited States that has no older or younger components. Carbon dating of the organic mate- rial in the soil directly above the cultural remains dates the Frazier site to around 9000 ❑.c. -this is an important area for recovering Paleo-Indian materials, which are still today relatively rare —particularly a definable site, not just surface materials: said Knudson. Frazier is the only Agate Basin site that's been excavated in Colorado. Overall. 1,161 lithic artifacts and 20,012 pieces of bone were collected. But Knudson believes the site still has significant research potential. saying that they"didn't attempt to take out every possible bit of material from the site —we excavated what we thought was a central point of site occu- pation within Wormington's budget and schedule limits. - The company that owned the land, Journey Ventures, LI_C_ planned to develop an open -pit gravel mining and "Archaeologists conduct'test ekcava8hns atthe Frazier site... earlier this year: Thearchaeoleuists were hired by Journey Ventures, L I.C. to define theboonderies of t1 e�site. materials processing operation that would have affectec part of the site. Journey Ventures mining permit applica Lion was reviewed by the Colorado Historical Society, which informed the company that the Frazier site was locate( along the southern boundary of the proposed mining area The Conservancy was also informed of the situation. Afte considering their options. Journey Ventures agreed to set the 1.6 -acre area containing the site to the Conservancy to a price less than market value in a bargain sale to charityv.Thi combined efforts of Journey Ventures, L.L.C., the Coloradt Historical Societyy, and the Conservancy have resulted in tht preservation of Frazier. This is another example of the pre: ervation and development communities joining forces o protect an important site. —Iris 1'icai Conservanc SITE: Frazier CULTURE AND TIME PERIOD: Paleo-Indian—Agate Basin Complex, 9000 e.c. STATUS: The site is located in a rapidly developing rural area adjacent to a new open -pit gravel mining and materials processing operation. ACQUISITION: The Conservancy has an option to purchase the site from the owners of the nearby mining operation in a bargain -sale -to -charity transaction. The purchase price and additional costs for developing management and public educational programs will be $52,600. HOW YOU CAN HELP: Please send contributions to The Archaeological Conservancy, Attn: Frazier Archaeological Site, 5301 Central Ave. NE, Suite 902, Albuquerque, NM 87108-1530 48 fall • 200 'lnC)' and say- RMB SPRING COLORADO Conservancy Preserve since 1995 1 ths. I'm interested in making a planned -giving donation to The .Archneologicai eonsem, inq money on my taxes. Please send mole information on: Gifts of stock ❑ Bequests ❑ Charitable gift annuities Name: Strecc Address: City: State Zip: Phone: MAKE YOUR YOUR MARK IN mfr. Some Conservancy members think the only way to help save archaeological sites is through membership dues. While dues are a constant lifeline, there are many ways you can support the Conservancy's work, both today and well into the future. And by sup- porting the Conservancy, you not only safeguard our past for your children and grandchildren. you also may save some money. N AGE STOCK IN THE CONSERVANCY. Evaluate your investments. Some members choose to make a different by donating stock. Such gifts offer a charitable deduction for the full vale instead of paying capital gains tax. GIVE A CHARITABLE GIFT ANNUITY. Depending on your circumstances, you may he able to make a gift of cash and securities today that lets ye receive extensive tax benefits as well as .a income for as long as you live LEAVE A LASTING LEGACY. Many people consider protecting on cultural heritage by remembering tf Conservancy in their Will. While pro viding us with a dependable source income, bequests may qualify you ft an estate tax deduction. Whatever kind ofgift you give, you can be sure we'll use it to preserve places like Lamb Spring and our other 380 sites across the United States. The Archaeological Conservancy, Attn: Planned Giving 5301 Central Avenue NE Suite 902 Albuquerque, NM 87108-1517 Or call (505) 266-1540 €c� Ot FICF. n/ ARCHAEOLOGY and HISTORIC PRESERVATION November 30, 2009 Weld County Commissioners Weld County, CO 915 10'x' Street P.O. Box 758 Greeley, Colorado 80631 Honorable Commissioners, EXHIBIT -Re"- -lt1L3 The Office of Archaeology and Historic Preservation within the Colorado I Iistorical Society would like to express its support for the efforts of the Archaeological Conservancy to preserve the Frazier site, one of a small number of extremely important Paleoindian archaeological sites in Colorado. The site was discovered in 1965 by Frank Frazier and was excavated between 1965 and 1967 by a team led by the late Marie \Vormington, an archaeologist at the Denver Museum of Natural I listory. Under the provisions of CRS Title 24 Article 80.1, our office, through a partnership with the State Division of Reclamation, Mining, and Safety (DRMS), reviews mine permit applications to identify significant historical and prehistoric sites that may be located within the boundaries of or in proximity to proposed mining activity areas. When sites like Frazier may be affected by proposed mining activities, we make recommendations in cooperation with DIThIS and the applicant to avoid, minimize, or mitigate effects to important sites. Once we receive the mine permit application from DRMS, we typically have 30 days to review and provide comment on the proposed activity. Prior to our review, neither DRMS nor the operator would have knowledge of the location of historic properties within their project area, as archaeological site location information is kept confidential for preservation purposes. Once we notified DRMS and Journey Ventures of the Frazier Site and its importance, both the Division and Journey Ventures were highly receptive to our recommendations for site protection, which included entering into discussions with the Archaeological Conservancy for acquisition. \Ve believe that this opportunity for the Conservancy to acquire the property on which the Frazier Site is located represents a unique and important partnership between a developer and a conservation organization. The information that may still be gathered from the Frazier Site has the potential to benefit the local community, the State of Colorado, and the Nation as it will contribute to a better understanding of the prehistory of North America. AVe respectfully request that the board consider this information when making their decision and we are happy to provide additional information if needed. Please address any questions to Shinn duVall, Archaeology Compliance Manager at (303) 866- 4674 or shina.duvall(chs.statc.co.us. Sincerely, Susan N1. Collins, State Archaeologist and Deputy State I listoric Preservation Officer for Edward C. Nichols State Historic Preservation Officer SHINA DUVALL Section lob Compliance Coordinator OFFICE of ARCHAEOLOGY and HISTORIC PRESERVATION 1300 BROADWAY, DENVER, CO 80203 TEL 303/866-4674 FAX 303/866-2711 Shina.duVall@chs.state.co.us 1300 BROADWAY Di NV[I< COLORADO 80203 T EL 303/866-3395 FAX 303/866-2711 www.coloradohistory oahp.org COLORADO MEMORANDUM TO: Board of County Commissioners DATE: December 9, 2009 FROM: Michelle Martin SUBJECT: RE -4936 The Department of Planning Services and the Department of Public Works recommends the following modifications to conditions 1.F and 1.H. F County Road 58 is designated on the Weld County Road Classification Plan as a collector road, which requires 80 feet of right-of-way at full build out. There is presently 60 feet of right-of-way. An additional 10 feet shall be delineated on the plat as future County Road 58 right of way. All setbacks shall be measured from the edge of future right-of-way. The applicant shall verify and delineate on the plat the existing right-of-way and the documents creating the 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 enter into a written agreement to have USR- 1687 submitted for recording on or before June 30, 2010. A copy of the agreement shall be submitted to the Weld County Department of Planning Services. finalize the conditions of approval for Use by Special Review USR 1687 and submit an —updated plat for recording to the Welc County Department of Planning Services. EXHIBIT -4M6- Plat Checklist POC Planner Comments Check heck Proper size and material or 18" x 24" / Minimum 3 millimeter polyestersheet No stick -on lettering / Minimum 8 pt. lettering Lettering Boundaries of Lots Scale Accesses indicated Roads labeled, including R.O.W Bu ld ne Envelope(s) Legal Description Notes from Planner/ Development Standards Conditions of Approval Owner's Certificate Surveyor's Certificate and Surveyor's Stamp Director of Planning Certificate " Planning Commission (USR, COZ, Minor Sub. Final) Certificate ' or 1"=100') Shared Access? If so, is easement Certificate included? Suitable Scale? (Minimum 1" = 2000') Notarial Certificate included? All owners must sign the plat, check the deed. All surveyed plats Note: USR plats do not need to be surveyed Notarial Certificate included? (RE, SE, SPR, Final PUD if Staff Approved) Board Certificate (USR, COZ„ Minor Sub Final) (Final PUD, RE, SE & ZPMH if Board approved) Typical Road Cross Section (002, Final Minor Sub. and Final PUD) Easements Please return the plat to th Planner on Call: Planner Signatre: AD Technilian wit in 24 hours of receiving the plat. (Initials Date: Date: CWELD COUNTY, COLORADO . DEPARTMENT OF PLANNING SERVICES 918 10TH STREET GREELEY, CO 80631 PHONE: 970-353-6100, EXT. 3540 / FAX: 970-304-6498 Received From: 20 r'n Receipt No. Permit Type No. Description Fee 4221-RE/$E / / ,_ , / r - „ 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 ®. CHECK NO. Receipted By: TOTAL FEE l r DL# Exp. WELD COUNTY, COLORADO DEPARTMENT OF PLANNING SERVICES 918 10111 STREET GREELEY, CO 80631 PHONE: 970-353-6100, EXT. 3540 / FAX: 970-304-6498 Date: Received From: 20 Receipt No. 'j 5 3 1 Permit Type 4221-RE/SE 4221-ZPMH No. Description Fee 4221-USR 4221 -SITE PLAN REVIEW 4221 -CHANGE OF ZONE 4221-PU D 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 CHECK NO. TOTAL FEE Receipted By: DL# Exp. MEMORANDUM TO: Board of County Commissioners DATE: December 9, 2009 FROM: Michelle Martin SUBJECT: RE -4936 The Department of Planning Services and the Department of Public Works recommends the following modifications to conditions 1.F and 1.H. F County Road 58 is designated on the Weld County Road Classification Plan as a collector road, which requires 80 feet of right-of-way at full build out. There is presently 60 feet of right-of-way. plat as -future County Road 58 right of way. All setbacks shall be measured from the edge of future right-of-way. The applicant shall verify and delineate on the plat the existing right-of-way and the documents creating the 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 enter into a written agreement to have USR- 1687 submitted for recording on or before June 30, 2010. A copy of the agreement shall be submitted to the Weld County Department of Planning Services. finalize the conditions of ed plat for Michelle Martin From: JC York [JCYork@j-tconsulting.coml Sent: Thursday, December 03, 2009 10:10 AM To: Michelle Martin Subject: Journey Ventures, LLC RE -4963 Attachments: NPS National Register E 2 3 Colorado State Historical Fund Grants Program.pd ; Frazier Map.pdf; Arch Site Michelle — I am sending you a couple pdfs of the information provided by the Colorado Historical Society. These are a publication that is te property means to t them and the second is S lonal information o rn he State Histoogram for rical Fund Grants owners Program )which may be an option to sh to understand what listing consider if/when costs for mitigative excavation are being considered. I have attached a pdf of the map (Frazier Site) from the archaeological consultant who completed some non-destructive testing of the soils in the area of the proposed Lot A to show the potential limits of the site which do not show the actual Site Exhibit dig site completed in the mid 60's on the property to the south. I have also attached a blow up map 12.3.09) of the existing ROW and Future ROW in relation to the proposed Lot A, the existing County Road 58 roadway, and the potential limits of the archaeological site. Let me know if you have any questions. Regards, J.C. Mr. J.C. York, P.E. J&T Consulting, Inc. 970-222-9530 (Cell) 303-457-0735 (Office) 303-920-0343 (FAX) Michelle Martin From: Sent: To: Subject: JC York [JCYork@j-tconsulting.com] Wednesday, December 02, 2009 11:53 AM Michelle Martin RE: re -4963 Michelle — We did a one call and a meet on -site and there were no other utilities located in the area of the proposed Lot A. J.C. Mr. J.C. York, P.E. J&T Consulting, Inc. 970-222-9530 (Cell) 303-457-0735 (Office) 303-920-0343 (FAX) From: Michelle Martin [mailto:mmartin@co.weld.co.us] Sent: Wednesday, December 02, 2009 11:34 AM To: JC York Subject: RE: re -4963 JC, When you conducted the utility locates was the DCP gas line the only utility that was located? Michelle Martin Planner 1I 918 10th Street Greeley, CO 80631 mmartin@co.weld.co.us PHONE: (970) 353-6100 x 3540 FAX: (970) 304-6498 — .. _ From: JC York [mailto:JCYork@j-tconsulting.com] Sent: Tuesday, December 01, 2009 5:52 PM To: Michelle Martin Subject: RE: re -4963 Michelle — There are not any ditches that pass through the proposed Lot A. There is a gas line (DCP Midstream) within the existing access easement and within the existing ROW that crosses the very southwest corner of the proposed lot. We did get utility locates for the site when it was surveyed for the USR as well as when we drilled soil borings. I have not gotten information back from Mr. Walker on the dig sites relative to the road but I believe the Colorado Historical Society is researching this. Let me know if you need anything else and I will give you a call or send an e-mail as soon as I hear something. Regards, J.C. Mr. J.C. York, P.E. J&T Consulting, Inc. 1 970-222-9530 (Cell) 303-457-0735 (Office) 303-920-0343 (FAX) From: Michelle Martin [mailto:mmartin@co.weld.co.us] Sent: Tuesday, December 01, 2009 3:37 PM To: JC York Subject: re -4963 Hi JC, I just wanted to follow upon case RE -4963 based on the comments / concerns of the BOCC I have a few questions for you. Are there any utilities and / or ditches that pass through proposed Lot A? Has anyone done a locate of the utilities for the site? Have you heard from Mr. Walker regarding the location of the dig sites relative to the road? Thanks for all your help. Michelle Martin Planner II 918 10th Street Greeley, CO 80631 mmartinAco.weld.co.us PHONE: (970) 353-6100 x 3540 FAX: (970) 304-6498 2 The applicants, Journey Ventures LLC have applied for a recorded Exemption on Lot B of RE - 4744 being part of the SE4 of Section 7, T5N, R64W of the 6th P.M., Weld County, CO Section 24-8-40.M of the Weld County Code states "after March 1, 2004, the proposed recorded exemption is eligible for land exemption if it is not part of: 1. The largest lot of a recorded exemption which was recorded within the last five (5) years. Lot B of Recorded Exemption RE -4744 was recorded on February 11, 2008 under reception number 3534670 therefore Lot B is not eligible for an exemption until February 11, 2013. The applicants have indicated in their application that proposed lot A that is being created is for an archaeological preservation and research site. Lot B is permitted under USR-1687 for a Site Specific Development Plan and Special Review Permit for mineral resource development facilities including Open pit mining and material 2 al pro processing he B nd asphalt and concrete batch plant in the Ag zone district. (Approved April ‘e{(4- WIIle APPLICATION FLOW SHEET APPLICANT: Journey Ventures, LLC CASE #: RE -4963 REQUEST: Two -Lot Recorded Exemption LEGAL: Lot B RE -4744; Pt SE4/S2NE4 of Section 7, T5N, R64W of the 6th P.M., Weld County Colorado. LOCATION: North of and adjacent to CR 58 and west of and adjacent to CR 51. PARCEL ID #: 0963 07 400002 ACRES: 93.38 +1- Acres B Application Received Application Completed 08/24/09 KO Referrals listed 08/24/09 KR Vicinity map prepared 08/24/09 KR File assembled Ngtilbal jA Case logged in computer Letter to applicant mailed 7, 7_ Referrals mailed Field check by DPS staff ) 11/9/0°1/(in / Administrative Review decision: (on • 9 B DVdIU VI laVUIay lAllIIInlaalvllclo IIcalIIIy kI oyynw.....) County Commissioners Hearing Date �aat)}-�, �g 9 /A P Surrounding property owners notified Presentation prepared CC action: CC resolution received Date Plat recorded and filed Overlay Districts Zoning Agricultural MUD Yes_ No_x_ IGA Yes_ No_x_ Airport Yes_ No_x_ Geologic Yes_ No_x_ Flood Hazard Yes_ No_x_ Ak.a sir'•' ' i/ MY PERTY Is IMPORTANT TO AMERICA'S ..: TAGE 2 ES THAT WEBS TO I STIONS FOR OWNERS OF ISTORIC PROPERTIES 'XlttY SIiot;I_D\%E. PRESERVE HISTORIC PLACES? If we wish to have a future with greater meaning, we must concern ourselves ... with the total heritage of the nation and all that is worth preserving from our past as a living part of the present. With Heritage So Rich,1966 There are a variety of programs to identify and assist in preserving historic properties as living parts of communi- ties, States, and the Nation. In 1992, the U.S. Congress reaffirmed the reasons for enacting these programs: • The spirit and direction of the Nation are founded upon and reflected in its historic heritage. • The historical and cultural foundations of the Nation should be preserved as a living part of our community life and development in order to give a sense of orienta- tion to the American people. • Historic properties significant to the Nation's heritage are being lost or substantially altered, often inadvert- ently, with increasing frequency. • The preservation of this irreplaceable heritage is in the public interest so that its vital legacy of cultural, educa- tional, aesthetic, inspirational, economic, and energy benefits will be maintained and enriched for future generations of Americans. Established under the Historic Preservation Act of 1966, as amended, the national historic preservation program is a partnership between the Federal, State, and local governments; private, non-profit organizations; and the public. The Act and its provisions establish the frame- work within which citizens plan, identify, evaluate, register, and protect significant historic and archeological properties throughout the Nation. 732 E. Sixth Street, Barnard Park Historic District, Fremont, Nebraska (Nebraska State Historical Society) Fred C. Aiken House, Boca Raton, Florida (Florida Division of Historical Resources) Hove DOES THE FEDERAL GOVERNMENT DESIGNATE PROPERTIES As HisTORtC' Listing in the National Register of Historic Places The National Historic Preservation Act of 1966 assigns the National Register of Historic Places a central role in recognizing buildings, sites, districts, structures, and objects significant in American history; archeology, archi- tecture, engineering, or culture, and identifying them as worthy of preservation. Anyone can prepare a nomination to the National Register, working with the State Historic Preservation Officer (SHPO) in their State. State and Federal Historic Preservation Officers (FPOs) also survey and evaluate properties in their jurisdictions, determine which of these properties are eligible for listing, and prepare nominations to the Register. Nominations submitted through the States must first be approved by a Review Board appointed by the Governor before being reviewed by the National Register staff. If the profes- sional staff at the National Register concludes that the property meets the criteria for evaluation, it is recom- mended for listing to the Keeper of the National Register. Thomas Johnson Polygonal Barn, Lime Creek Township, Iowa (Lowe • Listing in the National Register honors the prop- erty by recognizing its importance to its commu- nity, State, or the Nation. • Private property owners can do anything they wish with their property, provided that no Federal license, permit, or funding is involved. • Owners have no obligation to open their properties to the public, to restore them, or even to maintain them, if they choose not to do so. • Federal agencies whose projects affect a listed property must give the Advisory Council on Historic Preservation an opportunity to comment on the project and its effects on the property. • Owners of listed properties may be able to obtain Federal historic preservation funding, when funds are available. In addition, Federal investment tax credits for rehabilitation and other provisions may apply. Determinations of Eligibility for Listing in the National Register of Historic Places The National Historic Preservation Act also gives the Keeper of the National Register authority to determine that historic properties are eligible for listing in the National Register, without formally listing them. This occurs when: • Federal agencies request a determination of eligibility to assist in their planning. Frequently, consensus is achieved between the Federal agency, a State, and the Advisory Council that the property is considered eligible for listing in the National Register. When consensus cannot be achieved between the parties, the Keeper will deter- mine whether or not the property is eligible. The agency then seeks the Advisory Council's comments on a project that may affect the property. 11 J. Soike) • The Secretary of the Interior makes a unilateral determi- nation of eligibility, after an investigation and onsite inspection, when this action will assist in the preserva- tion of a historic property. The Secretary may make this determination in unusual circumstances. • The private property owner, or for properties with more than one owner, a majority of private property owners, objects to listing in the National Register. • National Park Service regional offices certify that State or local districts meet the National Register criteria for purposes of Federal investment tax credits for rehabili- tation. When properties are determined eligible for listing in the National Register: • As is the case with formal listing, determinations of eligibility do not restrict the rights of private property owners to do anything they wish with their property, provided no Federal license, permit, or funding is involved. • If there is Federal involvement, Federal agencies must allow the Advisory Council an opportunity to comment on the project and its effects on eligible properties. • Federal investment tax credits for rehabilitation and other provisions may be available for certified State or local districts, but not for other properties unless they are formally listed in the National Register. North High Street Business District, Holyoke, Massachusetts (N.P. Small) Henry C. Bowen House (Roseland Cottage), Woodstock, Connecticut (David Bohl) Designation as a National Historic Landmark To recognize the national significance of properties that possess exceptional values or qualities in illustrating or interpreting the heritage of the United States, the Secre- tary of the Interior designates some historic places as National Historic Landmarks. National Park Service historians and archeologists study and evaluate these properties within the context of major themes of American history. Properties judged to be nationally significant are nominated by the National Park Service and forwarded to the National Park System Advisory Board,which may recommend to the Secretary of the Interior that the property be designated a National Historic Landmark. When designated, National Historic Landmarks are listed in the National Register. • Landmark designation recognizes that properties are important to the entire nation. • National Historic Landmarks are afforded the benefits of all listings in the National Register. • Owners of landmarks are free to manage their property as they choose, provided no Federal license; permit, or funding is involved. • As with other National Register listings, Federal agencies whose projects affect a landmark must give the Advisory Council on Historic Preservation an opportunity to comment on the project and its effects on the property. • Owners of landmarks may be able to obtain Federal historic preservation funding, when funds are available. Federal investment tax credits for rehabilitation and other provisions may apply. • A bronze plaque bearing the name of the landmark and attesting to its national significance is pre- sented to the owner if requested. Wrt;cr CAN I Do it I DON'T AGREE 11rt 1{ A FEDERAL DESlGNA1lONE" By law, a property cannot be formally listed in the National Register of Historic Places or designated as a National Historic Landmark if the private owner of the property, or a majority of private owners, has filed a notarized objection prior to its listing or designation. In addition, if you believe that any State and Federal decision regarding historic properties • was made in error, • did not follow appropriate procedures, or • should be reevaluated in light of significant new infor- mation regarding the property's historic significance, you may appeal the decision by contacting the appropriate State or Federal Historic Preservation Officer. Appeals of National Historic Landmark decisions should be made to the Director of the National Park Service. WHAT HAl'pF.Nti WHEN A FEDI'RAL AGENci IS PLANNING A PROJI ("1 THAT MAY AMA' I' IY PROPERTY? There are no Federal designations that place Federal restrictions on private property owners. Federal agencies, however, must consider the effects of their activities (construction, licensing, or permits) on historic properties. Section 106 of the National Historic Preservation Act of 1966 directs Federal agencies to take into account the effects of projects on historic or archeo- logical properties that are listed in or eligible for listing in the National Register of Historic Places. Agencies must consult with the State Historic Preservation Officer and the Advisory Council on Historic Preservation, an inde- pendent Federal agency that advises the President and the Congress on matters pertaining to preservation of historic architectural, archeological, and cultural properties. The Advisory Council comments on how the project affects significant properties. In most cases, agreement on how a project will be carried out with the least harm to important properties is written into a Memorandum of Agreement which is signed by the agency, the SHPO, and the Advi- sory Council. Antietam Furnace Complex, Sharpsburg, Maryland (Susan Winter) Hass -Lilienthal House, San Francisco County, California. (Morley Baer) MY STATE OR COMMUNITY SAYS MY PROPERTY is HISTORIC. WHAT DOES THAT MEAN? Many States and localities have laws to encourage the preservation of their historic places. Some have enacted their own identification procedures, but many use listing in the National Register as an indicator of historic signifi- cance. State and local historic preservation programs often provide some protection against the possible harmful effects of State funded, licensed, or assisted projects. Some provide limited financial assistance to owners in the form of grants, loans, or tax benefits. They may establish other protections for preservation purposes. Programs differ from State to State, and within States; your State Historic Preservation Officer or local planning department can give you more information. C.S.PS. Lodge, Bryan, Texas (Daniel Hardy) Wit 9[ CAN I Do To HELP PROTECt My Hts i oRu: PttOrt-;irry? I. Use These Tools When Availabl Community: • land use planning mechanisms • zoning • local preservation ordinances • historic district commissions • easements donated in perpetuity • protective covenants • financial assistance II. Use These Tools Whe Level: • State laws that help pres environmental quality • financial assistance suc • tax abatements or ded III. Use Applicable Fi • Advisory Council or comment on Feder • tax incentives for producing prope • tax incentive tion purpose • Historic Pre through yo' TIMBERWIND schooner, Rockport, Maine (William Alexander) "*The Council can provide furthertaormation on Section WHERE CAN I GET MORE INFORMATION? National Register of Historic Places National Register, History, and Education National Park Service 1849 C Street, NW, NC400 Washington, D.C. 20240 (202) 343-9536 www cr.nps.govinr This office maintains the National Register and can provide information on the National Register program, including computerized lists of properties, copies of National Register documentation, and information on preparing nominations. The office can also provide names, addresses, and telephone numbers of Federal Historic Preseation Officers and Tribal Preservation Officers. State istoric Preservation Officers are listed in this brochtne.._ Nati al Historic Landmarks i a Register, History, and Education Park Service treet, NW, NC400 on, D.G. 20240 =8175 ps.gov/nhl the combined efforts of the National Historic s Survey and the National Historic Landmarks the National Park Service conducts the National Histon andmarks program for the Secretary of the Interior. t is a cooperative endeavor of government agencies }:i rofessionals, and independent organizations sharing k owledge " the Service and working jointly to idedtify d press q " �istatic Landmarks. .Acdvisary Council on Historic Preservation The s ice Building ; , t. a Avenue, N.W`` '...._._`" STATE HISTORIC pRLsl:12,VVI A OFIICLRS • ALABAMA; Executive Director, Alabama Historical Commission, 468 South Perry Street, Montgomery, AL 36130-0900. ♦ ALASKA: Chief, History and Archeology, Department of Natural Resources, Division of Parks and Outdoor Recreation, 3601 C Street, Suite 1278, Anchorage, AK 99503-5921.4 AMERICAN SAMOA: Historic Preservation Officer, Department of Parks and Recreation, Government of American Samoa, Pago Pago, American Samoa 96799. ♦ ARIZONA: State Historic Preservation Officer, Arizona State Parks, 800 W. Washington, Suite 415, Phoenix, Arizona 85007. • ARKANSAS: State Historic Preservation Officer, Arkansas Historic Preservation Program, Suite 1500, Tower Building, 323 Center Street, Little Rock, Arkansas 72201. • CALIFORNIA: State Historic Preservation Officer, Office of Historic Preservation, Department of Parks and Recreation, P.O. Box 942896, Sacramento, California 94296-0001. ♦ COLORADO: President, Colorado Historical Society, Colorado History Museum, 1300 Broadway, Denver, Colorado 80203. • CONNECTICUT: Director, Connecticut Historical Commission, 59 South Prospect Street, Hartford, Connecticut 06106. • DELAWARE: State Historic Preservation Officer, Division of Historical and Cultural Affairs, P. O. Box 1401, Dover, Delaware 19903. • DISTRICT OF COLUMBIA: State Historic Preservation Officer, and Director, Department of Consumer and Regulatory Affairs, 614 H Street, NW, Suite 1120, Washington, D.C. 20001. ♦ FLORIDA: Director, Division of Historical Resources, Department of State, R.A. Gray Building, 500 S. Bronough St. Tallahassee, Florida 32399-0250. • GEORGIA: Director, Historic Preservation Division, Department of Natural Resources, 500 The Healy Building, 57 Forsyth Street, NW, Atlanta, GA 30330. • GUAM: Historic Preservation Officer, Historic Resources Division, Department of Parks and Recreation, Building 13-8, Tiyan, P.O. Box 2950, Agana Heights, Guam 96910. • HAWAII: State Historic Preservation Officer, Department of Land and Natural Resources, 1151 Punchbowl Street, Honolulu, HI 96813. ♦ IDAHO: Director, Idaho Historical Society, 210 Main Street, Boise, Idaho 83702. • ILLINOIS: Associate Director, Illinois Historic Preservation Agency, Old State Capitol, Springfield, Illinois 62701. ♦ INDIANA: Director, Department of Natural Resources, 402 West Washington Street, Indiana Govt. Center South, Room W256, Indianapolis, Indiana 46204. • IOWA: Administrator, State Historical Society of Iowa, Capitol Complex, East 6th and Locust Street, Des Moines, Iowa 50319. • KANSAS: Executive Director, Kansas State Historical Society, Cultural Resources Division, 6425 Southwest 6th Avenue, Topeka, Kansas 66615-1099.4 KENTUCKY: Executive Director, Kentucky Heritage Council, 300 Washington Street, Frankfort, Kentucky 40601. • LOUISIANA: Assistant Secretary, Office of Cultural Development, Department of Culture, Recreation and Tourism, P.O. Box 44247, Baton Rouge, Louisiana 70804. ♦ MAINE: Director, Maine Historic Preservation Commission, 55 Capitol Street, Station 65, Augusta, Maine 04333. ♦ REPUBLIC OF THE MARSHALL ISLANDS: Secretary of Interior and Outer Islands Affairs, and Historic Preservation, P.O. Box #1454, Majuro Atoll, Republic of the Marshall Islands 96960. • MARYLAND: Director of Historical and Cultural Programs, Department of Housing and Community Development, 100 Community Place, Third Floor, Crownsville, Maryland 2132-2023. • MASSACHUSSETTS: State Historic Preservation Officer and Executive Director, Massachusetts Historical Commission, Massachusetts Archives Facility, 220 Morrissey Boulevard, Boston, MA 02125. • MICHIGAN: State Historic Preservation Officer, State Historic Preservation Office, Michigan Historical Center, 717 West Allegan Street, Lansing, Michigan 48918. ♦ MINNESOTA: Director, Minnesota Historical Society, 345 Kellogg Boulevard West, St. Paul, Minnesota 55102-1906. ♦ MISSISSIPPI: Director, State of Mississippi Department of Archives and History, P.O. Box 571, Jackson, Mississippi 39205-0571. • MISSOURI: Director, State Department of Natural Resources, 205 Jefferson, P.O. Box 176, Jefferson City, Missouri 65102. • MONTANA: State Historic Preservation Officer, Montana Historical Society, 1410 8th Avenue, P.O. Box 201201, Helena, MT 59620-1202. • NEBRASKA: Director, Nebraska State Historical Society, P.O. Box 82554, Lincoln, Nebraska 68501. ♦ NEVADA: State Historic Preservation Officer, Department of Museums, Library, and Arts, 100 South Stewart Street, Capital Complex, Carson City, NE 89710. ♦ NEW HAMPSHIRE: Director, Division of Historical Resources and State Historic Preservation Office, 19 Pillsbury Street, P.O. Box 2043, Concord, New Hampshire 03302-2043. • NEW JERSEY: Commissioner, Dept of Environmental Protection and Energy, CN-402, 401 East State Street, Trenton, New Jersey 08625. ♦ NEW MEXICO: State Historic Preservation Officer, Historic Preservation Division, Office of Cultural Affairs, Villa Rivera, 228 E. Palace Avenue, Santa Fe, New Mexico 87503. • NEW YORK: Commissioner, Office of Parks, Recreation and Historic Preservation, Agency Building *1, Empire State Plaza, Albany, New York 12238. ♦ NORTH CAROLINA: Director, Department of Cultural Resources, Division of Archives and History, 109 East Jones Street, Raleigh, North Carolina 27611.♦ NORTH DAKOTA: State Historic Preservation Officer, State Historical of North Dakota, Heritage Center, 612 E. Boulevard Avenue, Bismarck, North Dakota 58505. • NORTHERN MARIANA ISLANDS: Historic Preservation Officer, Department of Community and Cultural Affairs, Commonwealth of the Northern Mariana Islands, Saipan, Mariana Islands 96950. • OHIO: State Historic Preservation Officer, Historic Preservation Division, Ohio Historical Society, 567 East Hudson Street, Columbus, Ohio 43211.1030 ♦ OKLAHOMA: Director, Oklahoma Historical Society, 2100 N. Lincoln Blvd. Oklahoma City, Oklahoma 73105. ♦ OREGON: Director, State Parks and Recreation Department 1115 Commercial Street, NE, Salem, OR 97310-1001. ♦ PENNSYLVANIA: Executive Director, Pennsylvania Historical and Museum Commission, P.O. Box 1026, Harrisburg, Pennsylvania 17108. ♦ PUERTO RICO: State Historic Preservation Officer, Office of Historic Preservation, Box 82, La Fortaleza, San Juan, Puerto Rico 00918. • RHODE ISLAND: State Historic Preservation Officer, Rhode Island Historical Preservation Commission, Old State House, 150 Benefit Street, Providence, Rhode Island 02903. ♦ SOUTH CAROLINA: Director, Department of Archives and History, P.O. Box 11669, Columbia, South Carolina 29211. ♦ SOUTH DAKOTA: Director, South Dakota Historical Society, 900 Governors Drive, Pierre, South Dakota 57501. ♦ TENNESSEE: Deputy Commissioner, Department of Environment and Conservation, and State Historic Preservation Officer, 2941 Lebanon Road, Nashville, TN 37243-0435. ♦ TEXAS: Mr. Curtis Tunnell, State Historic Preservation Officer, Executive Director, Texas Historical Commission, P.O. Box 12276, Austin, Texas 78711. ♦ UTAH: Director, Utah State Historical Society, 300 Rio Grande, Salt Lake City, Utah 84101. ♦ VERMONT: State Historic Preservation Officer and Director, Agency of Commerce and Community Development, Vermont Division for Historic Preservation, 135 State Street, Drawer 33, Montpelier, VT 05633-1201. • VIRGIN ISLANDS: State Historic Preservation Officer and Commissioner, Department of Planning and Natural Resources, Foster Plaza, 396-1 Anna's Retreat, St. Thomas, VI 00802.. ♦ VIRGINIA: Director, Department of Historic Resources, 221 Governor Street, Richmond, Virginia 23219.♦ WASHINGTON: Director, Office of Archaeology and Historic Preservation, III 21st Avenue, KL-11, Olympia, Washington 98504-8343. ♦ WEST VIRGINIA: Commissioner, West Virginia Division of Culture and History, Historic Preservation Office, Culture Center, 1900 Kanawha Boulevard East, Charleston, West Virginia 25305-0300. 4 WISCONSIN: Director, Historic Preservation Division, State Historical Society, 816 State Street, Madison, Wisconsin 53706. ♦ WYOMING: State Historic Preservation Officer, Wyoming State Historic Preservation Officer, Department of Commerce, 6101 Yellowstone, Cheyenne, Wyoming 82002. Au Tuoflrr1F S The Secretary of the Interior's Standards and Guidelines for Archeology and Historic Preservation; Regulations of the National Register of Historic Places (36 CFR 60) under authority of the National Historic Preservation Act of 1966, as amended; Regulations regarding Federal agency Determinations of Eligibility (36 CFR 63) under authority of the National Historic Preservation Act of 1966, as amended, and Executive Order 11593; Regulations for historic preservation certifications pursuant to section 48(g) and section 170(h) of the Internal Revenue Code of 1986 (36 CFR 67); Regulations of the Advisory Council on Historic Preservation (36 CFR Part 800) under the author- ity of Section 106 of the National Historic Prese • n Act of 1966, as amended, 16 U.S.C. 470 et seq, and cutivc.,, Order 11593; Regulations of the National Historic hams marks program (36 CFR 65) under the authority of the Historic Sites Act of 1935. Copies of these documents are available from WI National Register of Historic Places. ACKNOW LEDGFA1I.NTS This brochure was deveippcdby Beth L Sava;;e`and Marilyn Harper -of theAltional-Regisoferof Hist tic Places, National Park Service. Assistance was ovider 'by Rama Rarnakrishna. L c ,E. Mo t. G. Bernard atian, Lars Ham, af`(i J. Lee, Ben Levy, Carol D. Shull, and DaVid' i4'.'vei'f1'ered valuable comments. Cover photo: Cha foute Hotel, Cape May Historic District, Cape May, Neap Jersey (Jack Boucher, NABS) October 2009 Handbook COLORADO HISTORICAL SOCIETY Competitive Grants Historic Structure Assessment Grants Archaeological Assessment Grants Emergency Grants This document is updated frequently. A current version is available at: http://coloradohistory-oahp.orq COLORADO HISTORICAL SOCIETY State Historical Fund Staff Roster Office Support Staff Deborah Johnson, Grant Systems Coordinator (303) 866-2769 Sue Culig, Grant Systems Associate (303) 866-2825 General SHF Phone (303) 866-2825 Fax Number (303) 866-2041 Public Outreach/Applications Cynthia Nieb, Director of Public Outreach Lyle Miller, Outreach Specialist Erika Warzel, Outreach Specialist (303) 866-3493 Public Relations Specialist .Vacant Projects Management James Stratis, Preservation Projects Manager (303) 866-2822 Elizabeth Blackwell, Historic Preservation Specialist .(303) 866-2851 Estella Cole, Historic Preservation Specialist (303) 866-2896 Gheda Gayou, Historic Preservation Specialist (303) 866-2835 Anne McCleave, Historic Preservation Specialist (303) 866-3536 Nan Rickey, Historic Preservation Specialist (303) 866-2976 Thomas Carr, Staff Archaeologist (303) 866-3498 Contracts and Financial Management Janette Vigil, Contracts Officer (303) 866-2809 (303) 866-2779 (303) 866-3067 Susan Frawley, Contracts Coordinator (303) 866-3043 Bill Kraich, Contracts Specialist (303) 866-2887 Kathy Belyea, Contracts Specialist (303) 866-2961 State and National Register Astrid Liverman, National & State Register Coordinator Mary Therese Anstey, Architectural Survey Coordinator Chris Geddes, Historian Heather Peterson, Historian Administration Edward Nichols, Colorado Historical Society President, CEO and State Historic Preservation Officer (303) 866-3355 Steve Turner, State Historical Fund Director and Deputy State Historic Preservation Officer (303) 866-2776 Susan Collins, State Archaeologist and Deputy State Historic Preservation Officer (303) 866-2736 Email addresses for the above are always firstname.lastnamena.chs.state.co.us 2 .(303) 866-4681 (303) 866-4822 (303) 866-4683 (303) 866-4684 Table of Contents Staff Roster 2 SHF Mission, Goals & Priorities 4 Types of Grants 6 Historic Structure Assessment Grants 7 Archaeological Assessment Grants 9 Emergency Grants 11 Essential Elements, Eligible & Ineligible Applicants 12 Eligible Competitive Projects 13 Competitive Grant —Important Dates 14 Competitive Grant —Deadlines & Requirements 15 Direct and Indirect Costs 16 Ineligible Projects & Costs; Sale of Property 17 Restrictions on Acquisition & Development Properties 18 Secretary of the Interior's Standards (SOI) 19 Competitive Grant —Scoring Criteria .25 Application Attachments 27 Competitive Grant Review 29 Submitting a Competitive Grant Application .. 30 Glossary of Terms 33 3 State Historical Fund Mission: To foster heritage preservation through tangible and highly visible projects for direct and demonstrable public benefit The State Historical Fund is a program established by the passage of the 1990 constitutional amendment that legalized gambling in Central City, Black Hawk, and Cripple Creek. The amendment requires that a portion of the tax revenues from gaming be given to the State Historical Fund for funding historic preservation activities throughout the state. In accordance with the Limited Gaming Act of 1991 (CRS 12-47.1-1201), the Colorado Historical Society has been authorized to administer a portion of the State Historical Fund as a statewide grants program. The graph on this page indicates how gaming tax revenues are distributed. This document contains information that should be helpful in understanding the State Historical Society grant programs. Copies of this handbook, a Quick -Start Guide, and application forms may be downloaded from our internet site, www.coloradohistory-oahp.orq. You may also contact the State Historical Fund office at (303) 866-2825 to request materials be sent to you through the mail. Please consult this Handbook to supplement the applications. STATE HISTORICAL FUND GOALS AND PRIORITIES: As stipulated in the state constitution, the State Historical Fund is used for historic preservation purposes. To determine statewide goals and objectives related to historic preservation, the Colorado Historical Society works with numerous individuals, agencies and organizations to develop a statewide historic preservation 4 plan, which was updated in 2006 as Colorado Preservation 2010. The State Historical Fund is one tool used to advance the goals. Distribution of Gaming Tax Revenues Gaming Town Historic Presevatinn Funds 5.6% Gilpin & idler Counties Impact Funds 12% Other State Programs State Historical Fund Grant Program + Gaming Town Historic Preservation Funds = 28% of total Gaming Tax Revenues Note: State Competitive Fund is used for Tourism Promotion, State Council on the Arts, Film Incentives, New Jobs, Bioscience Discovery, Clean Energy Fund, Colorado Dept. of Transportation and Local Government Limited Gaming To be eligible for funding, all State Historical Fund projects must relate to one or more of the following strategic platforms: - Educate people about the importance of preserving Colorado's heritage. Emphasize local participation, decision -making, and responsibility in the preservation and protection of the full spectrum of Colorado's cultural heritage, buildings, places, objects, and traditions. - Encourage all Colorado's cultural and ethnic groups to participate in preserving Colorado's cultural heritage. - - Encourage and support responsible heritage tourism as a means of knowing and preserving Colorado's cultural heritage. - Protect and preserve Colorado's significant historic and prehistoric resources, including buildings, structures, sites, objects, and districts. - Maintain and expand a comprehensive cultural resources inventory and database that is of the highest quality, usefulness, and accessibility. National Historic Landmark Shenandoah —Dives Mill Site 5 Emergency Grant Archaeological Assessment i2e i� i. Grant Program Acquisition and Development: excavation, Awards competitively stabilization, restoration, range rehabilitation, reconstruction or between $10,000 and acquisition of a property or site $300,000 Education Projects: Awards providing information about historic sites to competitively the public range between $10,000 and $300,000 Survey and Planning: Awards competitively identification, recording, evaluation, designs- tion and planning for the protection of signifi- range cant historic buildings, structures, sites and between $10,000 and districts $300,000 Providing assistance to significant resources that are in imminent danger of being lost, demolished, or seriously damaged when such threat is sudden and unexpected such as fire flood hail stone or other act of nature Collecting and evaluating archaeological information from a specific site or area in order to create a plan for preservation or additional work Preparing a report of the physical condition of a historic building or structure in accordance with a mandatory State Historical Fund assessment outline. Z G O $10,000 (ifjustrfied an additional $5,000 may be available to hire specialized con- sultants) Maximum Award April 1 & October I each year April 1 & October I each year April 1 & October I each year None, however, contact SHF staff as soon as possible after the emergency occurs � z Application Deadline Historic Designation Require- Announcement merit Cash Match Requirement Date None, except for excavation pro- jects where archaeological testing reveals eligibility for designation z One of the following designations is required: Local landmarking State or National Register of His- toric Places One of the following designations is required prior to contact: Local landmarking State or National Register of Historic Places Designation not required but is highly recommended If property is not designated, must be moving toward designation 25% of project total for proper- ties owned by eligible appli- cants; 50% for properties owned by private individuals and for-profit businesses 25% of project total for proper- ties owned by eligible appli- cants; 50% for properties owned by private individuals and for-profit businesses 25% of project total for proper- ties owned by eligible appli- cants; 50% for properties owned by private individuals and for-profit businesses None for properties owned by eligible applicants, although private and for-profit owners should provide at least 50% cash match None, although private and for- profit business owners should provide at least 50% cash match None for properties owned by eligible applicants, although private and for-profit owners should provide at least 50% cash match Requests less than $35,000: June 1 & Dec. I Requests greater than $35,000: Aug.l & Feb.l Requests less than 535,000:June I & Dec. I Requests greater than $35,000: Aug.] & Feb. I Requests less than $35,000: tune I & Dec.1 Requests greater than $35,000: Aug. I & Feb.I Typically within two weeks of SHF receiving completed application Typically within one month of SHF receiving m let application Typically within one month of SHF receiving completed application h • a 0 a a NON-COMPETITIVE GRANTS Non -Competitive: These grants may be submitted at any time of the year and are for smaller amounts of money than the competitive grants. They include the Historic Structure Assessment Grant, Archaeological Assessment Grant and Emergency Grant. Non -Competitive: Historic Structure Assessment Grants Purpose: Historic Structure Assessment grants are awarded for the sole purpose of preparing a report of the physical condition of a historic building or structure in accordance with a mandatory State Historical Fund assessment outline (scope of work). The Historic Structure Assessment must be prepared by an architect or a structural engineer working under the direct guidance of an architect. Other requirements include: • Architect and/or structural engineer must be the primary consultant on the project. • Architect and structural engineer if applicable, must be licensed in the state of Colorado. • Architect and/or structural engineer must be familiar with the Secretary of the Interior's Standards for the Treatment of Historic Properties. • Architect, and structural engineer is required to attend an initial consultation with a State Historical Fund Historic Preservation Specialist at the commencement of the grant contract. • Other professionals including engineers, archaeologists, historic preservation consultants, contractors, historians and cost estimators may also be members of the assessment team. An assessment will serve as a useful tool to assist the owner in making appropriate and informed decisions regarding future restoration and maintenance efforts. If an assessment grant is awarded, the assessment should have final approval from State Historical Fund staff before a Competitive Grant application is submitted for physical work to the property. Submitting a Competitive Grant application prior to final approval of a Historic Structure Assessment can strongly impact the competitiveness of the application. Maximum Grant Request Amount: These grants are available for $10,000 or less. If the applicant can justify the need to hire additional consultants such as engineers, archaeologists, historic preservation consultants, contractors, historians or cost estimations, an additional $5,000 can be awarded at the discretion of the State Historical Fund. Historic Structure Assessments may cost more or less depending on the size and complexity of the building or structure. If the cost to perform a Historic Structure Assessment is more than $10,000 (or more than $15,000 if other expertise is required and justified as stated above) the 7 NON-COMPETITVE: HISTORIC STRUCTURE ASSESSMENT GRANTS, cont. difference must be made up by the applicant, or the applicant may submit a Competitive Grant application during the April 1 or October 1 deadlines. Application Deadlines: Historic Structure Assessment applications can be submitted at any time and will be processed upon receipt. Requirements: Cash Match: A cash match is not typically required for these grants but, in some situations, can be required by the State Historical Fund as a condition of award. A cash match of at least 50% is required for properties owned by private individuals or for- profit entities. If the property at issue is not designated, a larger cash match will help to illustrate the owner's commitment to the project. Designation: Although designation is not required prior to application for a Historic Structure Assessment grant, applications involving undesignated properties without a determination of eligibility and/or a clear plan for designation are unlikely to be funded. Inclusion of Office of Archaeology & Historic Preservation 8 Form 1403 is encouraged for non - designated properties seeking State or National Register designation (Available at http://coloradohistory- oahp.org/crforms/ crforms_forms.htm#1400). Contact State Historical Fund Outreach Staff if you are interested in submitting an application for an undesignated site. Budget: Line items must define the costs of the project such as contractual services, travel costs and associated expenses. Historic Structure Assessment grant funds cannot be used to reimburse the grant applicant nor the property owner for administrative or grant management costs and such expenses should not be included in the budget. Award Announcement: Applicants will typically be notified regarding award or denial within one month of submission of a complete application. It may take an additional month of contract negotiation before work can begin. State Historical Fund funds cannot be used to pay for work performed or costs encumbered prior to the execution of a contract. NON-COMPETITIVE GRANTS Non -Competitive: Archaeological Assessment Grants: Purpose: Archaeological Assessment Grants are awarded to provide funding for the collection and evaluation of archaeological information from a specific site or area for the purpose of creating a plan for preservation or additional work. Assessment or evaluation may include a literature review, analysis of existing collections, surface reconnaissance, limited testing, or any combination of these activities. These grants are for evaluation and planning for future work preservation of the site or associated artifacts, or interpretation outside of preparing that plan. This type of grant provides applicants, who are planning to apply for a future SHF grant project that includes ANY GROUND DISTURBANCE, an opportunity to plan for anticipated archaeological deposits. If an Archaeological Assessment Grant is awarded, the assessment should be completed and approved by the State Historical Fund staff before a Competitive Grant application is submitted. Maximum Amount: $10,000 These grants are available for $10,000 or less, however, like Historic Structure Assessments, some protects may cost more or less depending on the size and complexity of the site. If the cost to perform an Archaeological Assessment is more than $10,000, the difference must be made up by the applicant, or the applicant should submit a Competitive Grant application at the April 1 or October 1 deadline. Application Deadlines: Archaeological Assessment applications (for requests of grant funds up to $10,000) can be submitted at any time and will be processed upon receipt. Requirements: Cash Match: None, although it is highly recommended that applications for properties owned by private individuals and for-profit businesses provide at least 50% cash match. Designation: Designation on a local historic register, the State Register of Historic Properties or the National Register of Historic Places is not required. Budget: Line items must define the costs of the project such as contractual services, travel costs and associated expenses. Archaeological Assessment grant funds cannot be used to reimburse the grant applicant, nor the property owner for administrative or grant management costs and should not be included in the budget. 9 NON-COMPETITVE: ARCHAEOLOGICAL ASSESSMENT GRANTS, cont. Award Announcement Dates: Applicants will typically be notified regarding their application within one month of submission of a complete application. It may take an additional month of contract negotiation before work can begin. State Historical Fund funds cannot be used to pay for work performed or costs encumbered prior to the execution of a contract. Contacting SHF: It may be difficult to determine whether a project qualifies for an Archaeological Assessment Grant, so no application should be submitted without contacting the State Historical Fund staff archaeologist, Tom Carr, at (303) 866- 3498 Benevolent Paternal Order of Elks (BPOE) building in Montrose 10 NON-COMPETITIVE GRANTS Non -Competitive: Emergency Grants: Purpose: Emergency Grants are awarded to provide assistance to significant resources that are in imminent danger of being lost, demolished, or seriously damaged, when such threat is sudden and unexpected such as a fire, flood, hail storm, or other act of nature. Such grants are typically limited in scope to the temporary stabilization of a building, structure or site until permanent preservation actions can take place. Maximum Amount: $10,000 Applications for Emergency Grants typically request from a few hundred to a few thousand dollars. Emergency Grants in excess of $10,000 are extremely rare, and will take longer to process. Application Deadlines: These applications have no deadlines and will be processed immediately. Applicants should contact the State Historical Fund as soon as possible after the event as any delay will affect the funding decision. Requirements: Cash Match: Fifty percent (50%) cash match is highly recommended for properties owned by private individuals and for-profit businesses. Designation: Designation must be obtained prior to application. Award Announcement Dates: Applicants may expect to be notified of their award within two weeks of application submission. Work may begin immediately after the applicant has executed a contract with the Colorado Historical Society and all other requirements are met. State Historical Fund funds cannot be used to pay for work performed or costs encumbered prior to the execution of the contract. Obtaining Application: Applications are available by contacting the State Historical Fund Outreach Staff at (303) 866-2825. 11 COMPETITIVE GRANTS There are three essential elements to applying for a competitive State Historical Fund Grant: 1. You need to be or work with an eligible grant applicant. 2 If you are planning to do physical work on a structure, building, site or object, the resource must be designated. If this is a survey and planning, archaeological survey or education project, the focus of your project must be directly related to historic preservation. 3. You need to apply for projects, activities and costs that qualify for assistance from the State Historical Fund. ELIGIBLE APPLICANTS: Only public entities and non-profit organizations may directly apply for grants administered by the State Historical Fund. Public Entities - A public entity, as defined in Colorado law, includes "... the state, county, city and county, incorporated city or town, school district, special improvement district, agency, instrumentality, or political subdivision of the state organized pursuant to law...." Non -Profit Organizations - Non-profit organizations include any organization certified by the Internal Revenue Service as tax exempt under Internal Revenue Code Section 501 (c), (d), (e), (f), (k), or Section 521 (a). 12 INELIGIBLE APPLICANTS: Private individuals, for-profit organizations, federal agencies, and the municipal governments of Colorado gaming towns are not eligible to apply directly for State Historical Fund grants, but may partner with an eligible applicant. Private Individuals and For -Profit Businesses — Private individuals and for-profit businesses may participate in State Historical Fund projects by finding an appropriate public entity or non-profit organization willing to apply for and administer a grant on their behalf. Private individuals and for-profit owners should also consider other available sources of funding for their projects. Federal Agencies — Although federal agencies are not eligible to apply directly to the State Historical Fund, projects may occur on federal lands if an eligible entity serves as grant applicant and administrator. The Municipal Governments of Cripple Creek, Black Hawk and Central City — The governments of the three gaming towns receive a direct allocation of 20% of the State Historical Fund's annual disbursement of gaming tax revenues for their own preservation activities, which may include grant programs. Therefore, applications are not accepted directly from the municipal governments of those communities, or for work performed on properties owned by those municipalities. COMPETITIVE GRANTS Public and non-profit applicants acting on behalf of private owners or federal agencies are legally and financially responsible for ensuring that projects are carried out in accordance with State Historical Fund policies, procedures and contract requirements. The applicant's relationship with a property owner shall take the form of a legally binding contract. Failure to meet the contractual obligations of State Historical Fund grants can result in action by the Colorado Attorney Competitive, and make a public entity or non-profit organization ineligible to submit grant applications to, or receive funding from, the State Historical Fund in the future. For more information on contract obligations see the State Historical Fund Grants Manual at www.coloradohistory- oahp.orq (click on "SHF Grants"). ELIGIBLE COMPETITIVE PROJECTS: Acquisition and Development, those projects that involve the excavation, stabilization, restoration, rehabilitation, reconstruction, or the acquisition of a property or site, can only occur on officially designated properties. By state statute, a property must be officially designated at the time of application. Designated properties include those listed on the Colorado State Register of Historic Properties or National Reqister of Historic Places. Designation through an official municipal or county landmarkinq process that has been adopted by ordinance or resolution also meets this requirement. However, the integrity and significance of such designated properties will be considered as part of the application review process, as well as whether the local ordinance provides for design review by qualified professionals. Additionally, if a property within municipal boundaries is designated through a county landmarking ordinance, the municipality and county must have a Memorandum of Understanding recognizing the county's authority over the landmarked property. Archaeological projects are considered Acquisition & Development when the level of investigation is "intensive excavation." In such cases, the site must be designated before the application is submitted. Proof of local designation is required at the time of application for all acquisition & development projects involving properties not designated through the State Register of Historic Properties or National Register of Historic Places. Acquisition grants must include justification that the proposed purchase price of the property is of fair value. Other eligible competitive projects include: Survey & Planning --Those projects that involve identification, recording, evaluation, designation and planning for the protection of significant historic buildings, structures, sites and districts. For archaeological projects, all levels of survey and test excavations are considered Survey & Planning projects and prior historic designation is not required. However, once testing reveals eligibility for designation, further excavation may not occur without designation. 13 COMPETITIVE GRANTS Education —Those projects that provide historic preservation information or information about historic sites to the public. Grant Amounts Awarded: There are no minimum or maximum Competitive Grant award amounts. However, more than one third of all Competitive Grant applications are for $35,000 or less, and requests in excess of $300,000 are relatively rare. No single phase should take more than 24 months to complete or require more than $300,000 in grant funds. Each phase will require a separate grant application, and only one application may be submitted in any one grant round. Any future phases should be described in each application. There is no guarantee that future phases will be funded, so each phase should have a tangible result. By rules adopted by the Colorado Historical Society Board of Directors, no project schedule may be extended beyond a total of 36 months. Projects not completed within 36 months will be subject to cancellation with no further extensions provided. Any remaining funds will needs to be returned. Cash match can be raised from several sources. The Colorado Grants Guide, available at most public libraries and produced by the Colorado Resource Center, has an extensive list of grant sources that might be of help to you in locating cash match. Another source of cash match funds is the Colorado Historical Foundation's low -interest revolving loan program: The Colorado Historical Foundation can be contacted at www.cohf.org or (303) 894-2503. Other important financial incentives to consider are Federal and State Tax Credits, which are available for qualified projects on a noncompetitive basis. Tax credit information is available at www.coloradohistory- oahp.org. COMPETITIVE GRANTS -IMPORTANT DATES Application Deadlines Award Announcement Competitive Grants under $35,000 April 1 October 1 June 1 December 1 Competitive Grants over $35,000 April 1 October 1 August 1 February 1 14 COMPETITIVE GRANTS Application Deadlines: All final applications for Competitive Grants are due by April 1 and October 1 of each year, postmarked on or before the deadline date or hand - delivered by 4:00 p.m. on that date. Applicants must provide one (1) original and seven (7) copies of the application. Staple applications in the upper left hand corner. If the deadline date falls on a Saturday, Sunday, or holiday, applications must be postmarked on or before the next business day, or hand -delivered by 4:00 p.m. on that date. Late applications will not be processed, and additional information cannot be added to applications after the deadline. Requirements: Cash Match: A minimum cash match of 25% of the total proiect cost is required for all projects, and a larger cash match will increase the competitiveness of an application. If the subject property is owned or occupied by a private individual or for- profit business, a cash match of at least 50% is competitively expected, and in most cases the match should be even higher. In rare cases, applicants may request a waiver of the minimum cash match requirement. A request for waiver of the cash match must be included in the application. In -kind contributions cannot be applied to the cash match requirement —they are ineligible. In - kind match is defined as any donated goods or services. You should also note that the cost of work that would not meet State Historical Fund guidelines and funds received from other State Historical Fund grants cannot be used to meet the cash match requirement (see page 17). Designation: Designation is required at the time of application for all acquisition and development projects. Award Announcement Dates: Applicants for Competitive Grants of $35,000 or less will be notified of the results of their applications on or about June 1 and December 1 of each year. Applicants for Competitive Grant requests over $35,000 will be notified on or about August 1 and February 1 of each year. After notification of the award, the contracting process typically takes an additional two months before work may begin. State Historical Fund funds cannot be used to pay for work performed or costs encumbered prior to the execution of a contract. 15 COMPETITIVE GRANTS Direct and Indirect Costs In order to allow applicant organizations to recoup the costs of administering a SHF grant, the State Historical Fund allows such applicants to include a line item for indirect costs in the application budget. The definitions of direct costs and indirect costs are given below. Direct Costs: All allowable direct costs should be individually listed in the project budget. Direct costs can be directly attributable to the project only and not to a portion of the organization's operation. Indirect Costs: Indirect costs are those that have been incurred for common or joint objectives and cannot be readily identified with a particular final cost related to the grant project alone. Allowable general and administrative costs are to be prorated according to their use in the various programs of the organization. Indirect costs should be allocated based on the time spent on each project or the space allocated for the work that has been done. The maximum amount allowable for indirect costs is 15% of the total proiect cost. All indirect costs must be eligible for SHF funding (see page 17). Applicants wishing to have their indirect costs covered by the SHF grant budget must include a line item in the application Budget for indirect costs or grants administration, detailing the percentage (up to 15%). If the grant is awarded, the applicant will be expected to give detailed information as to what indirect costs have been incurred. Only documented costs will be reimbursed by SHF grant funds, uo to the established amount in the project Budget. In order to determine the correct amount for administration/indirect costs, applicants are encouraged to use their organization's Cost Allocation Plan, or to use the SHF Indirect Costs Worksheet available on the State Historical Fund web site. 16 COMPETITIVE GRANTS Ineligible Projects and Costs Some projects, activities and costs do not qualify for assistance from the State Historical Fund and cannot be included in the Scope of Work and/or Budget (including cash match) for State Historical Fund -funded projects. All applicants are encouraged to contact the State Historical Fund Outreach Staff if they have questions regarding project or activity eligibility. • Acquisition and development work and going under contract with the State intensive archaeological excavation on Historical Fund non -designated properties • Work that is already in progress • Work on building elements and objects • Moving historic buildings that distinctively contain religious • Moving or relocation costs symbols • Construction of new buildings • Oral histories or social historical • Costs of utilities outside the building research that does not bear a strong footprint relationship to historic buildings, sites, • Work that does not take into account or structures possible archaeological considerations • Printing or reprinting materials • Grant writing costs produced without State Historical Fund • Lobbying expenses. research participation • Gifts, awards and contributions • Competitive education programs or • In -kind goods and services (anything special events that do not bear a donated) strong relationship to historic • Late fees or interest charged for preservation delinquent payment of invoices • Storage, museum collection or • Entertainment costs archiving projects that do not bear a • Alcohol strong relationship to historic preservation • Work that has been performed or encumbered prior to the grant recipient Reimbursement of Grants Due to Sale of Property All individuals or for-profit businesses benefiting from grants in excess of $10,000 must sign an agreement requiring the payback of the grant or a portion thereof if the property is sold within five years of the completion of the project. The agreement requires 100% payback if the property is sold in the first year and is reduced by 20% each year thereafter. 17 RESTRICTIONS ON ACQUISITION & DEVELOPMENT PROPERTIES Owners benefiting from State Historical Fund grants must agree to protect the property from demolition or insensitive alteration if they receive an Emergency or Competitive Grant that involves acquisition and development. The type of owner and the amount of grant funds received determine the category of restriction. Review and approval of alterations which would impact the architectural appearance of the exterior and interior of the property, adversely affect the structural soundness of the property, or encroach on the open land area on the property are required. Letter of Agreement - Contract document that binds current owner to restrictions for a specific period of time. Covenant - A recorded document that runs with the land and binds current and future owners for a specific period of time. Covenants are held and managed by the Colorado Historical Society. Perpetual Easement - A recorded document that runs with the land and binds current and future owners in perpetuity. Easements are held and managed by qualified entities other than the Colorado Historical Society. These requirements are cumulative. Multiple Acquisition and Development grant awards will be added together to determine the appropriate level of protection of the public investment. Grant recipients and property owners must acknowledge the requisite for covenants or easements within 60 days of award notification by signing and returning their award letter or the award may be rescinded. Please call the Outreach Specialist & Property Protection Coordinator at (303) 866-3493 for more information on easement holding companies in Colorado. The cost of establishing an easement is paid by the SHF. Restriction Public Owners Non -Profit Owners Private Individual & For -Profit Owners No restrictions Grants of $10,000 or less Grants of $10,000 or less Grants of $10,000 or less 5 -year letter of agreement $10,001 - $25,000 $10,001 - $25,000 $10,001 - $25,000 10 -year letter of agreement $25,001 - $50,000 $25,001 - $50,000 $25,001 - $50,000 20 -year covenant $50,001 and over $50,001 - $100,000 $50,001 - $100,000 30 -year covenant N/A $100,001-$150,000 N/A 40 -year covenant N/A $150,001-$200,000 N/A 50 -year covenant N/A $200,001-$250,000 N/A Perpetual easement All acquisition grants $250,001 and over and all acquisition grants $100,001 and over and all acquisition grants 'IA Secretary of the Interior's Standards Applicable for Development Projects The Secretary of the Interior's Standards for the Treatment of Historic Properties, 1995 ROOTED IN OVER 120 YEARS OF PRESERVATION ETHICS in both Europe and America, the Secretary of the Interior's Standards for the Treatment of Historic Properties are common sense principles in non -technical language. They were developed to help protect our nation's irreplaceable cultural resources by promoting consistent preservation practices. The Standards may be applied to all properties listed in the National Register of Historic Places: buildings, sites, structures, objects, and districts. It should be understood that the Standards are a series of concepts about maintaining, repairing and replacing historic materials, as well as designing new additions or making alterations; as such, they cannot, in and of themselves, be used to make essential decisions about which features of a historic property should be saved and which might be changed. But once an appropriate treatment is selected, the Standards provide philosophical consistency to the work. SHF will not support proiects that fail to meet the Standards in any respect. Applications should indicate a clear understanding of this important requirement. Other relevant standards for preservation planning, historical documentation, archaeological documentation, and other project types are available from the Office of Archaeology and Historic Preservation by calling (303) 866-3395 or at www.coloradohistory-oahp.orq. A copy of the most recent version of the Standards follows: Four Treatment Approaches There are standards for four distinct, but interrelated, approaches to the treatment of historic properties - preservation, rehabilitation, restoration, and reconstruction. Choosing an appropriate treatment for a historic building or landscape, whether preservation, rehabilitation, restoration, or reconstruction, is critical. This choice always depends on a variety of factors, including its historical significance, FOUR TREATMENT APPROACHES Preservation focuses on the maintenance and repair of existing historic materials and retention of a property's form as it has evolved over time. (Protection and Stabilization have now been consolidated under this treatment.) Rehabilitation acknowledges the need to alter or add to a historic property to meet continuing or changing uses while retaining the property's historic character. Restoration depicts a property at a particular period of time in its history, while removing evidence of other periods. Reconstruction re-creates vanished or non -surviving portions of a property for interpretive purposes. 19 Secretary of the Interior's Standards Applicable for Development Projects physical condition, proposed use, and intended interpretation. The questions that follow pertain specifically to historic buildings, but the process of decision -making would be similar for other property types: Relative importance in history - Is the building a nationally significant resource - a rare survivor or the work of a master architect or craftsman? Did an important event take place in it? National Historic Landmarks, designated for their "exceptional significance in American history," or many buildings individually listed in the National Register often warrant Preservation or Restoration. Buildings that contribute to the significance of a historic district but are not individually listed in the National Register more frequently undergo Rehabilitation for a compatible new use. Physical condition - What is the existing condition - or degree of material integrity - of the building prior to work? Has the original form survived largely intact or has it been altered over time? Are the alterations an important part of the building's history? Preservation may be appropriate if distinctive materials, features, and spaces are essentially intact and convey the building's historical significance. If the building requires more extensive repair and replacement, or if alterations or additions are necessary for a new use, then Rehabilitation is probably the most appropriate treatment. These key 20 questions play major roles in determining what treatment is selected. Proposed use - An essential, practical question to ask is: Will the building be used as it was historically or will it be given a new use? Many historic buildings can be adapted for new uses without seriously damaging their historic character; special - use properties such as grain silos, forts, ice houses, or windmills may be extremely difficult to adapt to new uses without major intervention and a resulting loss of historic character and even integrity. Mandated code requirements - Regardless of the treatment, code requirements will need to be taken into consideration. But if hastily or poorly designed, code -required work may jeopardize a building's materials as well as its historic character. Thus, if a building needs to be seismically upgraded, modifications to the historic appearance should be minimal. Abatement of lead paint and asbestos within historic buildings requires particular care if important historic finishes are not to be adversely affected. Finally, alterations and new construction needed to meet accessibility requirements under the Americans with Disabilities Act of 1990 should be designed to minimize material loss and visual change to a historic building. Secretary of the Interior's Standards PRESERVATION PRESERVATION IS DEFINED AS the act or process of applying measures necessary to sustain the existing form, integrity, and materials of an historic property. Work, including preliminary measures to protect and stabilize the property, competitively focuses upon the ongoing maintenance and repair of historic materials and features rather than extensive replacement and new construction. New exterior additions are not within the scope of this treatment; however, the limited and sensitive upgrading of mechanical, electrical, and plumbing systems and other code -required work to make properties functional is appropriate within a preservation project. 1. A property will be used as it was historically, or be given a new use that maximizes the retention of distinctive materials, features, spaces, and spatial relationships. Where a treatment and use have not been identified, a property will be protected and, if necessary, stabilized until additional work may be undertaken. 2. The historic character of a property will be retained and preserved. The replacement of intact or repairable historic materials or alteration of features, spaces, and spatial relationships that characterize a property will be avoided. 3. Each property will be recognized as a physical record of its time, place, and use. Work needed to stabilize, consolidate, and conserve existing historic materials and features will be physically and visually compatible, identifiable upon close inspection, and properly documented for future research. 4. Changes to a property that have acquired historic significance in their own right will be retained and preserved. 5. Distinctive materials, features, finishes, and construction techniques or examples of craftsmanship that characterize a property will be preserved. 6. The existing condition of historic features will be evaluated to determine the appropriate level of intervention needed. Where the severity of deterioration requires repair or limited replacement of a distinctive feature, the new material will match the old in composition, design, color, and texture. 7. Chemical or physical treatments, if appropriate, will be undertaken using the gentlest means possible. Treatments that cause damage to historic materials will not be used. 8. Archeological resources will be protected and preserved in place. If such resources must be disturbed, mitigation measures will be undertaken. PRESERVATION AS A TREATMENT - When the property's distinctive materials, features, and spaces are essentially intact and thus convey the historic significance without extensive repair or replacement; when depiction at a particular period of time is not appropriate; and when a continuing or new use does not require additions or extensive alterations, Preservation may be considered as a treatment. 21 Secretary of the Interior's Standards REHABILITATION REHABILITATION IS DEFINED AS the act or process of making possible a compatible use for a property through repair, alterations, and additions while preserving those portions or features which convey its historical, cultural, or architectural values. 1. A property will be used as it was historically or be given a new use that requires minimal change to its distinctive materials, features, spaces, and spatial relationships. 2. The historic character of a property will be retained and preserved. The removal of distinctive materials or alteration of features, spaces, and spatial relationships that characterize a property will be avoided. 3. Each property will be recognized as a physical record of its time, place, and use. Changes that create a false sense of historical development, such as adding conjectural features or elements from other historic properties, will not be undertaken. 4. Changes to a property that have acquired historic significance in their own right will be retained and preserved. 5. Distinctive materials, features, finishes, and construction techniques or examples of craftsmanship that characterize a property will be preserved. 6. Deteriorated historic features will be repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive feature, the new feature will match the old in design, color, 22 texture, and, where possible, materials. Replacement of missing features will be substantiated by documentary and physical evidence. 7. Chemical or physical treatments, if appropriate, will be undertaken using the gentlest means possible. Treatments that cause damage to historic materials will not be used. 8. Archeological resources will be protected and preserved in place. If such resources must be disturbed, mitigation measures will be undertaken. 9. New additions, exterior alterations, or related new construction will not destroy historic materials, features, and spatial relationships that characterize the property. The new work will be differentiated from the old and will be compatible with the historic materials, features, size, scale and proportion, and massing to protect the integrity of the property and its environment. 10. New additions and adjacent or related new construction will be undertaken in a manner that, if removed in the future, the essential form and integrity of the historic property and its environment would be unimpaired. REHABILITATION AS A TREATMENT - When repair and replacement of deteriorated features are necessary; when alterations or additions to the property are planned for a new or continued use; and when its depiction at a particular period of time is not appropriate, Rehabilitation may be considered as a treatment. Secretary of the Interior's Standards RESTORATION RESTORATION IS DEFINED AS the act or process of accurately depicting the form, features, and character of a property as it appeared at a particular period of time by means of the removal of features from other periods in its history and reconstruction of missing features from the restoration period. The limited and sensitive upgrading of mechanical, electrical, and plumbing systems and other code -required work to make properties functional is appropriate within a restoration project. 1. A property will be used as it was historically or be given a new use which reflects the property's restoration period. 2. Materials and features from the restoration period will be retained and preserved. The removal of materials or alteration of features, spaces, and spatial relationships that characterize the period will not be undertaken. 3. Each property will be recognized as a physical record of its time, place, and use. Work needed to stabilize, consolidate and conserve materials and features from the restoration period will be physically and visuall compatible, identifiable upon close inspection, and properly documented for future research. 4. Materials, features, spaces, and finishes that characterize other historical periods will be documented prior to their alteration or removal. 5. Distinctive materials, features, finishes, and construction techniques or examples of craftsmanship that characterize the restoration period will be preserved. 6. Deteriorated features from the 8. 9. 1 restoration period will be repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive feature, the new feature will match the old in design, color, texture, and, where possible, materials. 7. Replacement of missing features from the restoration period will be substantiated by documentary and physical evidence. A false sense of history will not be created by adding conjectural features, features from other properties, or by combining features that never existed together historically. Chemical or physical treatments, if appropriate, will be undertaken using the gentlest means possible. Treatments that cause damage to historic materials will not be used. Archeological resources affected by a project will be protected and preserved in place. If such resources must be disturbed, mitigation measures will be undertaken. 0. Designs that were never executed historically will not be constructed. y RESTORATION AS A TREATMENT - When the property's design, architectural, or historical significance during a particular period of time outweighs the potential loss of extant materials, features, spaces, and finishes that characterize other historical periods; when there is substantial physical and documentary evidence for the work; and when contemporary alterations and additions are not planned, restoration may be considered as a treatment. Prior to undertaking work, a particular period of time, i.e., the restoration period, should be selected and justified, and a documentation plan for restoration 23 Secretary of the Interior's Standards RECONSTRUCTION RECONSTRUCTION IS DEFINED AS the act or process of depicting, by means of new construction, the form, features, and detailing of a non -surviving site, landscape, building, structure, or object for the purpose of replicating its appearance at a specific period of time and in its historic location. 1. Reconstruction will be used to depict vanished or non -surviving portions of a property when documentary and physical evidence is available to permit accurate reconstruction with minimal conjecture, and such reconstruction is essential to the public understanding of the property. 2. Reconstruction of a landscape, building, structure, or object in its historic location will be preceded by a thorough archeological investigation to identify and evaluate those features and artifacts which are essential to an accurate reconstruction. If such resources must be disturbed, mitigation measures will be undertaken. 3. Reconstruction will include measures to preserve any remaining historic materials, features, and spatial relationships. 4. Reconstruction will be based on the accurate duplication of historic features and elements substantiated by documentary or physical evidence rather than on conjectural designs or the availability of different features from other historic properties. A reconstructed property will re-create 24 the appearance of the non -surviving historic property in materials, design, color, and texture. 5. A reconstruction will be clearly identified as a contemporary re- creation. 6. Designs that were never executed historically will not be constructed. RECONSTRUCTION AS A TREATMENT - When a contemporary depiction is required to understand and interpret a property's historic value (including the re- creation of missing components in a historic district or site ); when no other property with the same associative value has survived; and when sufficient historical documentation exists to ensure an accurate reproduction, Reconstruction may be considered as a treatment. COMPETITIVE GRANT SCORING CRITERIA A. A brief history of the property and its relationship to historic preservation. This should include a description of the building/site including its importance in history and the building techniques, materials, and size of the building(s). Discuss the areas you will be treating. Note the period(s) of significance. If this is a Survey & Planning or Education project, explain exactly how the project is directly connected to historic preservation. This category tells us why the preservation of this resource is important. (0 to 10 points) B. A brief history of the applicant organization including the mission of the organization, a succinct overview of past projects that would indicate potential success with the proposed project, and a concise list of potential lead participants in this project (Grant Recipient Contact, Grant Administrator, Architect/Engineer, Contractors, other funders). This category speaks to grant and project management capacity. (0 to 10 points) C. A detailed description of the project/concern that needs to be addressed, the original materials involved, and an in-depth review of the proposed treatment for the project. This category indicates your knowledge of historic preservation approaches and techniques as applied to your resource. If you have a Historic Structure Assessment or Archaeological Assessment that addresses your project, you might want to include BRIEF excerpts of the HSA/AA in this portion of your application, or as an attachment. If this is an Education project, describe in detail the intricacies of the project, including what will be achieved, how it will be accomplished, which properties/ideas will be addressed and the potential long-term impact on audiences. This category indicates your knowledge of historic preservation approaches and techniques as applied to your resource. (0 to 30 points) D. An explanation of why it is urgent to complete the work in your application NOW and how you will maintain/protect the building in the future. You might address the condition of the resource and potential threats, partnerships or project conditions that are in place now but might dissolve in the future, the natural conclusion of a multi -phased project or some other reason. This category explores why this project is urgent and how you will protect the resource in the future. (0 to 15 points) 25 COMPETITIVE GRANT SCORING CRITERIA, cont. E. An analysis of how/why the community supports and benefits from this project. Things you might note are: - Money raised locally for cash match - Planned publicity to raise awareness of historic preservation -Past phases of the project that were successful -Partnerships developed or encouraged by the project - Ways in which the project will educate and inform the public - Benefits to minorities or under -represented cultures or communities -Positive effects on the local economy, tourism or revitalization efforts -Public awareness of the project -Letters of support attached to this application -Past and future investments in the project -Preservation work or activities that would not otherwise be accomplished without the grant award This category shows the overall benefit of the project to the community. (0 to 10 points) F. How this project uses historic preservation methods that contribute to a more sustainable future for our environment. This category indicates the importance of preservation in relationship to sustainability in this project. (0 to 5 points) G. A detailed, outline of the work you propose to accomplish in this grant. —also called a SCOPE OF WORK*. See the example attached. This should be in outline form and on its own page This category indicates your knowledge of the work that needs to be done. It should reflect the information you provided in B. (0 to 10 points) H. A BUDGET that correlates to the general categories in the SCOPE OF WORK. Attach bids/estimates or an explanation of how you determined your costs to the BUDGET. See the example attached. The budget may include additional items not found in the Scope of Work such as contingency, contractor overhead and profit, grants administration and general conditions. This category shows that you will be a responsible steward of public monies. (0 to 10 points) I. A TIMELINE* of how your project will be carried out that includes time for contract negotiation, SHF staff review of deliverables, and seasonal conditions and/or mobilization into consideration. See the example attached. This category shows that you have fully considered how to adequately plan your project for completion within the 24 -month completion deadline and that you are including SHF staff when planning your project. (0 to 10 points) 26 THE IMPORTANCE OF ATTACHMENTS By the time you have answered all of the questions in the Competitive Grant Application, you might think that you've conveyed all of the information necessary to convince a reader that you have an incredibly worthwhile project. You still need to include attachments which will provide information to the reviewer of all those things you might not be able to articulate. You should include, if possible: Photographs • Don't be stingy with photocopies of photographs. Think about what you are trying to convey. • A good place to start is with historic photographs of the building, including photographs of the area of the building on which you propose to work. If this is an education, survey or education project, photographs have an equally important place in the Competitive Grant Application. • Also include current photographs of the areas of the building that show where and on what you propose to work. • Floor plans, if applicable, assist reviewers in understanding the layout of the building. • Include captions so that the readers know what they are perusing. Saying something like, "NE Corner of the second floor, interior, crown molding detail —see rot caused by moisture penetration" will help guide the reviewer. Letters of Support • Letters of support indicate that someone other than you or your organization would like your project to thrive. • Make certain that all letters are no older than two month's old. • Do get a letter of support from your legislator and public entities such as the board of commissioners or the mayor. These letters are relatively easy to obtain. • Do get letters from those who use the building or who stand to gain from the use of the building once you've worked on it. • Most importantly, seek out letters from people who will not directly benefit from the improvement of the building: target people in the neighborhood, school children, seniors, civic organizations — anybody who sees the health of the building directly related to their quality of life. • Letters that indicate a clear understanding and support of the project are best. Letters that are general or based on a template do not evoke positive responses from reviewers. Archaeology • If this is a large -scare archaeological investigation project, attach a research design. Call Staff Archaeologist Tom Carr for more information, 303-866- 3498. Historic Structural Assessments • If you do have a Historic Structural Assessment to which you would like the reviewers to refer in the attachments, be selective. Do not include the entire HSA as an attachment. The HSA should be approved —not in progress— before being included in the attachments. 27 THE IMPORTANCE OF ATTACHMENTS, cont. W-9 Including a copy of your W-9 might seem like an extraneous request, but SHF requires the FEIN to begin the contracting process. If you want your timeline to reflect reality, provide SHF with the information we need to get you under contract quickly should you become an awardee. You can find a copy of the W-9 form at http://www.colorado.gov/dpa/dfp/ sco/forms/substitute%20form%20w-9. pdf Local Designation If your building is locally designated, you must include verification of local designation. Needleton Water Tank, Silverton Branch of the Denver & Rio Grande Railroad, Silverton Branch of the Denver & Rio Grande 28 GRANT REVIEW AND AWARD Non -Competitive Grants, (Historic Structure Assessment, Archaeological Assessment, and the Emergency Grant) are evaluated and awarded by Colorado Historical Society staff. Competitive Grant applications of $35,000 or less are evaluated by Colorado Historical Society staff and final decisions are made by the Colorado Historical Society Board of Directors. For all Competitive Grants over $35,000 the decision -making process is as follows: SHF Staff Reader SHF Advisory Committee Reader SHF Advisory Committee Reader Outside Volunteer Reader a Recommendations and scores from the readers are referred to the State Historical Fund Advisory Committee (SHFAC) who make funding recommendations to the AHPC. a The Archaeology and Historic Preservation Committee (AHPC) considers the SHFAC recommendations and makes further recommen- dations to the Colorado Historical Society's Board of Directors. a Final decisions regarding all grant applications are made by the Colorado Historical Society's Board of Directors 29 SUBMITTING AN APPLICATION Application Checklist: o Original, completed application with seven (7) copies o No cover letter attached o 12 point Times New Roman used for all answers o All instructions except those in bold deleted o Attachments - W-9 for grant applicant; blank form available at http://www.colorado.ciov/ dpa/dfp/sco/forms/substitute%20form%20w-9. pdf - Proof of local designation, if applicable. If you are requesting any physical work around the foundation or on the site, please be certain the designation extends to that area - Floor plans or other architectural drawings, if applicable - Applicable excerpts from Historic Structure or Archaeological Assessments - Clear, readable copies of photographs with informative captions showing what the property looked like historically, currently, and what work needs to be done now, if applicable. A photo that shows the entire project site is helpful. No matter what the project, photographs aid the reviewer in understanding the resources under consideration. - Current (no more than two months old) letters of support. Thoughtful letters —two or three- that reflect an awareness of the project's impact are more persuasive than numerous general letters. - If this is a large-scale archaeological investigation, attach a research design. If you require more information, call Tom Carr at (303) 866-3498. Mailing Address: State Historical Fund 225 E 16th Avenue, Suite 950 Denver, CO 80203 Questions: 303-866-2825 Deadlines: Envelope MUST BE postmarked by the application deadline, April 1 or October 1. If you hand deliver your application, it must be dropped off in our office by 4:00 p.m. on the application deadline. 30 QUESTIONS If you have questions about policies or questions, answers can be found in the following places: The Glossary of Terms found at the end of this handbook, which provides a number of definitions and explanations concerning State Historical Fund procedures and policies. PLEASE READ THE GLOSSARY. State Historical Fund Staff: Please call 303-866-2825 for assistance. San Luis Bridge, Castilla County 31 NOTES 32 SHF GLOSSARY OF TERMS Acquisition of Historic Properties the in The cash match proposed for a project involving the acquisition or purchase of a property cannot be provided in the form of a loan or mortgage secured by property in question. A State Historical Fund acquisition grant must result transfer of defensible title to the grant recipient and conveyance of a perpet- ual easement to an appropriate easement holding organization. Acquisition grant applications must provide a justification of the property purchase price as a fair value. Advance Payment First payment made to the Grant Recipient. Amount of Advance Payment is indicated in Exhibit C of the grant contract (usually 40% of the total award amount). After photographs Photos of the property after the application of preservation treatments. Americans with Disabilities Act All projects funded through the State Historical Fund are expected to comply with all applicable legal requirements of the Americans with Disabilities Act (ADA). This Act provides, in part, for access by the disabled to properties and programs, including historic buildings and archeological sites, as well as edu- cational opportunities such as exhibits, conferences, and interpretive displays. Contrary to popular belief, historic buildings and sites are not exempt from the ADA. The Colorado Historical Society encourages compliance with ADA re- quirements, and urges all applicants to include ADA compliance as a part of their State Historical Fund project application Appeals for Unsuccessful Applications Unsuccessful applicants may appeal the denial of funding by submitting a let - ter explaining the reason for the appeal and the desired remedy to: State Historical Fund 225 E. 16th Avenue, Suite 950 Denver, CO 80203 Appeals must be received within 30 days of receipt of the letter explaining the reasons for non -funding. The Board will review the appeal at its next regularly scheduled meeting. Please note that this appeal process does not apply to applications returned for failure to meet the basic requirements of the program, or for applications determined not to be eligible for funding pursuant to state statute or the policies described in this handbook. Architect Consultant specializing in Architecture and licensed to practice architecture in the State of Colorado Award Announcement Date Applicants for General Grants of $35,000 or less will be notified of the results of their applications on or about June 1 and December 1 of each year. Appli- cants for General Grant requests over $35,000 will be notified on or about Au- gust 1 and February 1 of each year. After notification of the award, the con- tracting process typically takes an additional two months before work may be- gin. State Historical Fund funds cannot be used to pay for work performed or costs encumbered prior to the execution of a contract. 33 Before/Existing Condition Photographs photographs of the property before the application of preservation treatments. Bidding Rules, Competitive (Part 1) low, • • • Competitive bidding or Requests for Proposals (RFPs), further described be - are not required for the following purchases: Acquisition of equipment, products or supplies using grant funds in the amount of $5,000 or less; Acquisition of services using grant funds in the amount of $25,000 or less; Construction projects using grant funds in the amount of $25,000 or less. Competitive bidding or RFPs are required for all other purchases. There are two ways to meet this requirement, depending on the amount of the grant award and the nature of the project: 1) A process of obtaining documented quotes from at least two qualified ven- dors will be acceptable for the following purchases: • Acquisition of equipment, products or supplies using more than $5,000 but less than $50,000 in grant funds; • Acquisition of services using more than $25,000 but less than $50,000 in grant funds; • Construction projects using more than $25,000 but less than $150,000 in grant funds. Bidding Rules, Competitive (Part 2) 2) A formal competitive bidding or RFP process including publication of notice in a newspaper of general circulation in the project area at least twice in a 30 - day period, is required for all other purchases including the following: • Acquisition of equipment, products or supplies using $50,000 or more in grant funds; • Acquisition of services using $50,000 or more in grant funds; • Construction projects using $150,000 or more in grant funds. Public entities with statutory or other legal purchasing rules or guidelines may substitute those rules or guidelines for those stated above. Remember that although price is a primary consideration in the competitive process, grant recipients are not necessarily required to accept the lowest bid. However, grant recipients must be prepared to provide justification if the low- est bid or proposal is not accepted. 34 Bidding Rules, Competitive Current (Part 3) Bids Scope contain estimates, prior rials. bids or estimates provide support for the proposed project budget. or estimates should be current and relate directly to items listed in the of Work. Bids are derived from construction documents, and proposals estimates of cost from consultants, contractors, etc. Obtain only bids, or proposals; do not sign contracts with consultants or contractors to fully executing a contract with State Historical Fund. Providing bids, estimates or proposals does not bind applicants to contracting with particular entities or individuals, nor does it bind applicants to the use of particular mate- Bids, estimates and proposals only show that work could, potentially, be completed for the amount cited in the Budget. Confidence in the budget is im- portant as the State Historical Fund does not increase funding if the grant amount proves to be inadequate to complete the work. Budget Amount funds allotted to perform specific tasks referenced in the Scope of Work Cash Flow The movement of incoming and outgoing money for the duration of the project. Cash Match Amount provided by Grant Recipient for awarded project. An actual money or accounting transaction must take place (not a donation of time or materials) in order for expenses to be considered cash match, e.g. purchased materials, paid labor, rented facilities or equipment, etc. Cash match is calculated as a percentage of the project total, not the grant request amount. Cash match is calculated in the following way: for a $100,000 project total for which an appli- cant is able to provide a 25% cash match, the grant request would be $75,000 and the cash match would be $25,000 (e.g., 75% + 25% = 100%). Work that is not eligible for State Historical Fund grant funding may not be proposed as cash match. Certification of Expendi- tures (COE) Form used by Grant Recipient indicating certain requirements have been met during the course of the project. A signed, dated, and initialed COE is required when requesting Interim or Final Payment Code -Related Construction Building codes and security needs may require that the rehabilitation of historic buildings include the construction of new features such as elevators, ramps, structural reinforcement, fencing, or the installation of alarm systems and light- ing. Provided that the design and location of such new features are in keeping with appropriate preservation standards, such items can be included as part of a State Historical Fund grant funded project. However, the emphasis and pur- pose of the State Historical Fund is for historic preservation. Projects intended exclusively to bring a building up to code (including life safety issues, electri- cal, plumbing, hazardous materials, etc.) or provide security systems without a historic preservation emphasis will generally not compete well in the State His- torical Fund grant review process. Conflict of Interest If real in doubt, err on the conservative side of things: conflict of interest can be or perceived. For instance, members of the Board of Directors of organi- zations and owners of properties receiving State Historical Fund grants may not be paid for providing professional services or acting as a contractor as part of State Historical Fund -funded projects. In addition, private, individual or for- profit property owners benefiting from State Historical Fund grants may not act as paid consultants or contractors on State Historical Fund -funded projects. Consultant Professional hired by Grant Recipient. Qualified professionals can often pro- vide valuable assistance in the planning and execution of even the smallest project. The employment of a qualified professional consultant may save you considerable time and frustration. A set of standard qualifications for some professional consultants have been developed and published as the Secretary of the Interior's Professional Qualification Standards (36CFR Part 61), a copy of which is available at www.cr.nps.aov/local-law/qis/. It is recommended that consultants working on State Historical Fund projects meet these standards. At a minimum all consultants hired by grant recipients should be familiar with the Secretary of the Interior's Standards for the Treatment of Historic Proper- ties and have the appropriate certifications and licenses for their profession. Contingency Funds Amount of the project award set aside for unforeseen and unexpected circum- stances. Contingency funds may only be used on items or work listed on the Scope of Work, and only used with prior written approval from SHF Staff. Contingency funds can only be used to pay for unexpected conditions or in- creases in the cost of contracted Scope of Work items, not to pay for additional items that were not in the original contract Scope of Work. Unusually high or low contingencies (per generally accepted industry standards) should be justi- fied in the application. In order to allow for appropriate cost sharing, the contin- gency must be shared between requested grant funds and the cash match per the cash match -to -grant ratio proposed for the project. Contract Legal Document between Grant Recipient and the State of Colorado through the State Historical Fund Contract Length SHF contracts are for 24 months. All work should be executed within that time period. If you require more time, you should phase your work before submit- ting an application. Extensions must be justified. Contract Specialist Member of SHF Contracts Staff. The Contract Specialist will review all finan- cial reports and budget revision requests. 36 Contract Terms (1) The The time frame in which work and funds may be spent during a project. (2) amount the State Historical Fund will contribute to the awarded project. Contractor Term contract used to describe the Grant Recipient once they have fully executed a "not Cost Sharing If to ized fund the an organization is awarded a grant, the State Historical Fund provides a exceed" amount of money to complete the Scope of Work. Any savings real- must be shared between the grant recipient organization and the State Historical Fund. Final reported costs will be adjusted to reflect the original cash match -to -grant request ratio defined in the State Historical Fund contract. This means that if the grant recipient saves money, the State Historical Fund saves money as well. Any funds returned to the State Historical Fund will be used to other worthy grant projects. However, if project costs exceed estimates, grant recipient is responsible for completing the entire Scope of Work de- scribed in the State Historical Fund grant contract at their expense. Covenant A recorded contract between the SHF and the property owner that runs with the land and binds current and future owners of the property to certain restric- tions for a specific period of time Cultural Resource Survey A cultural resource survey is the collection and analysis of information con- cerning the physical remains that represent our past. All State Historical Fund - funded historical & architectural surveys requiring access to private property need to obtain written owner permission prior to commencing survey work. This situation occurs most often with survey projects either in rural areas or where large complexes such as ranch properties, resorts, and college cam- puses are being documented. Survey work which can be completed from the public right-of-way does not require signed owner permission, although owner/ occupier notification is highly recommended. Obtaining owner permission can be a time-consuming process and should be considered both in the project planning and when establishing the time schedule for the project. Deliverables Producible Item to be delivered to the SHF which helps ensure completion of the project. Deliverables Checklist Form indicating basic grant recipient information, and identifying deliverables being submitted. Must be included when submitting deliverables. Designation By state statute, Acquisition and Development projects, which include those that involve the excavation, stabilization, restoration, rehabilitation, reconstruc- tion, or the acquisition of a property or site, can only occur on officially desig- nated properties. To qualify for consideration, a property must be officially des- ignated at the time of application. Designated properties include those locally designated and listed on the Colorado State Register of Historic Properties or National Register of Historic Places. Designation, Verification of jects Verification of Local Designation (Required for Acquisition & Development pro- involving properties not listed on the State Register of Historic Properties or National Register of Historic Places.) • If the property is designated through a local landmarking ordinance rather than through the State or National Registers, include proof of designation in the form of a copy of the ordinance designating the site as an attach- ment on your application. The State Historical Fund may not recognize all forms of local designation; if the property is locally designated, it is useful to verify designation with State Historical Fund outreach staff prior to writ- ing an application. • All work areas described in the Scope of Work must be located within the boundaries of the designation. • Buildings located within historic districts do not need to be individually listed in order to be eligible for application. However, "non-contributing" buildings within a historic district may not compete well in the application process. Disbursement of Funds Grant funds are typically disbursed according to the following schedule, how- ever, the State Historical Fund reserves the right to disburse funds as it deems appropriate: 40% initial advance 50% interim advance 10% disbursement upon completion The final 10% disbursement will be provided as a reimbursement and will not be made until the grant recipient shows that all financial obligations of the pro- ject have been met and, if applicable, that there are no liens on the property. The State Historical Fund reserves the right to disburse funds for larger pro- jects on a reimbursement -only basis or in small increments, especially for pro- jects involving private individuals or for-profit businesses. Easement Acceptance Fee Amount an Easement Holding Organization charges for accepting the term of a perpetual easement Easement Holding Organi- zation Organization which negotiates, agrees to, and holds the perpetual easement on a property. Easement Negotiation Fee Amount the Easement Holding Organization charges for negotiating the terms of the perpetual easement. 38 Education Project Evalua- Reviewers tion that funding pected lic success, plans of Education projects typically look for answers in the application cover the following areas: (1) Describe the expected results during the period. For example, discuss the number of people the project is ex- to reach, the learning objectives, etc., with the goal of maximizing pub- benefit. (2) Describe the methods that will be used to define and measure such as a survey of participants in an educational program, docu- mentation of visitation to an exhibit, etc. (3) Discuss how the project's results will be used and/or disseminated to the public. For example, describe any for publicity, future projects that will be based upon the results, etc. Engineer the Consultant specializing in Engineering and licensed to practice engineering in State of Colorado Exhibit Project Specific Information included in the Contract Exhibit A Scope of Work Exhibit B Project Budget Exhibit C List of Deliverables and Submittals Exhibit D Legal Description of the property Federal Employer Identifi- cation Number The 9 digit employer identification number (EIN) assigned to the applicant or - ganization by the IRS, not the Colorado state tax-exempt number. EINs typi- cally start with the numbers "98" or "84.° If the organization has multiple de- partments, make sure to note the correct letter for the department in question. For example, for an organization without departments the EIN might be 98- 1234567, however, if an organization has multiple departments the number for a particular department or division might be 98-1234567 A. Final Payment Final Amount paid to the Grant Recipient. Final Payment is a reimbursement payment of up to the final remaining 10% of the grant award plus any ap- proved contingency. Final payment is made once the Final Financial Report is received and approved. Food Reimbursement Food may be reimbursed at a total of $39 per day. Financial Report Form Grant Recipient Contact must complete listing the current expenses for the project. A Financial Report is required in order to receive interim and final payments. Fully Executed Contract Contract signed by all parties General Conditions The standardized contractual provisions describing the responsibilities, rights, and relationships of the owner/grant recipient and contractor under the con- struction contract. The percentage identified as the bidder's proposal is used to calculate the value to provide general conditions for changes to the contract. General Contractor Consultant or Company handling the general construction portion of the pro- ject usually hired by the Grant Recipient General Operating Costs The competitive portion of the State Historical Fund grant program is intended to provide grants for specific projects rather than funding of ongoing programs. Neither general operating costs nor general organizational staffing costs not related to a proposed historic preservation project qualify for funding. 39 Grant Funds Grant Management Grant Recipient (GR) Grant Recipient Contact (GRC) Grant Writing Costs Grants Administration (1) Amount of award. (2) Amount State Historical Fund awarded to complete certain task. Managing the essential requirements of the grant award including deliverables and submittals Organization which applied for and received grant award. Member of Grant Recipient organization, who sends and receives all corre- spondence to and from the State Historical Fund. Ideally, the GRC should be able to answer questions regarding the project and remain associated with the project from inception to completion. The services of professional grant writers cannot be charged to a State Histori- cal Fund grant or used as cash match. State Historical Fund grant funds can- not be used to pay the cost of preparing applications to the State Historical Fund for future phases of the same project. Grants administration is the actual time and effort expended to managing your grant. These costs may include both direct costs, such as actual salary and benefits paid to an employee of the grant recipient for their time spent on grant administration, and indirect costs reasonably related to the administration of the grant project. Applicants must limit indirect costs, including grant admini- stration, to an amount not to exceed 15% of the total project costs. Historical photos/ documentation Historic Preservation Spe- cialist Historical photos or documents of the property in its original or close to original condition Member of State Historical Fund Preservation Staff. The HP Specialist will review and approve deliverables and help the Grant Recipient complete the project to the Secretary of the Interior's Standards Illegal Aliens and Public Contracts for Service All recipients of State Historical Fund grants are required to comply with and implement Colorado House Bill 06-1343 and 08-S-193. This means that grant recipients may not knowingly employ or contract with an illegal alien to perform work under the State Historical Fund contract, nor enter into a contract with a subcontractor that knowingly employs or contracts with an illegal alien. Infor- mation on how to comply with House Bill 06-1343 and 08-S-193 and the State Historical Fund contract is available in the Grants Manual at www.coloradohistory-oahp.org (click on "SHF Grants"). To review House Bill 06-1343 and 08-S-195 go to the General Assembly web site at http:// www.leg.state.co.us 40 Indirect Costs Indirect administration, use budget. 15% costs are defined as being the costs indirectly associated with grant such as office overhead, supplies, accounting support, and the of other equipment or services not otherwise included in the project Applicants must limit grant indirect costs to an amount not to exceed of the total project costs. In -Kind Contributions Any donated goods or services. In -kind contributions cannot be used as match, but they may be discussed in "E" of the application to indicate commu- nity support for the project. Interest Accrued Amount of interest earned as a result of holding grant funds in an interest earning account. Interim Payment Amount paid during the interim of the project to the Grant Recipient. Interim payment is made once the Interim Financial Report is received and approved. Amount of Interim payment is indicated in Exhibit C of the grant contract (usually 50% of the total award). Interpretive Installations As part of an overall educational or interpretive program that is otherwise eligi- ble for State Historical Fund grant funding, the construction of modest -sized structures necessary to hold, house or protect interpretive materials such as markers, panels or electronic media may qualify for State Historical Fund grant funding. Generally, such structures should be exposed to the elements and should not include enclosed, interior space. Planning and construction for in- terpretive trails may be considered for funding where the trail is necessary for the protection of the property or site. Landscapes and Street- scapes The State Historical Fund encourages applications for the restoration or appro- priate rehabilitation of officially designated historic landscapes or streetscapes. Such projects may include the restoration of existing historic landscape and streetscape features such as statuary, benches, gazebos, fountains, gardens and other plantings, pathways, streetlights, and planters. The State Historical Fund may also assist in the reconstruction of such features to the extent that such features are actual replicas of historic improvements that will be located within designated historic districts where such features were originally located. However, the State Historical Fund is unlikely to fund applications for land- scape or streetscape projects that involve the construction of new features that cannot be substantiated through the historic record, that are based purely on conjecture, or are intended to impart a "historical" or "nostalgic" feeling. 41 Legal Description of Prop- Include erty ally deed. Acquisition able than easy necessary, the block and/or quadrant information, lot information, etc. This is usu- found at the County Assessor's Office, or written on the property's title or This information is required in the State Historical Fund contract for all & Development projects prior to contract processing. It is prefer- that a copy of the actual document (title, deed, etc.) be included, rather attempting to transcribe the legal description, as errors in transcription are to make, but difficult to correct. Only the page with the legal description is not the entire deed or title document. Legal Property Owner The legal owner of the property as listed on the property deed. This informa- tion might differ from the applicant information if the owner is a federal entity, private owner, or other non -eligible applicant partnering with an eligible appli- cant to apply for and manage the grant on their behalf. Letters of Agreement (LOA) Language contained within the Contract that binds the current owner of the property to certain restrictions for a specific period of time. Letters of Support These letters demonstrate community support for, and public benefit of, a pro- Include no more than ten recently and thoughtfully written letters of sup- ject. port. Petitions, guest lists, form letters, etc., are not recommended. Letters should represent broad community support from neighbors, historical socie- ties, community and/or business groups, elected officials, building users, re- searchers and scholars, students, etc., and should demonstrate that the writer understands the proposed project and its anticipated effects on the commu- nity. Letters from paid consultants who might work on the project, or that only show support from the applicant organization, are not useful. If the application is being submitted on behalf of a private owner, a letter from the owner ex- pressing commitment to the property and the project is recommended. Colo- rado Historical Society staff, acting as representatives of the Society, cannot provide letters of support for State Historical Fund grant applications. Line Item A task on the Project Budget with a budget amount. Lobbying Expenses The State Historical Fund distributes public revenues; therefore State Histori- cal Fund grants cannot be used in an attempt to influence legislative actions. The development of lobbying materials and payment of lobbying expenses from State Historical Fund grants is not permitted. Lodging Reimbursement Lodging can be billed at a rate of $80 per night. List of Deliverables and Submittals List of Deliverables and Submittals, indicating the schedule for delivery of each, including timing of payments. 42 Cleaning s - The t has s not, in and of Masonry Projects, Cleaning adequate reasongto cleantcC Cleaning guadbuilding can accelerate mortar and' an paint deterioration. The use of some cleaning methods, such as sand blasting and high-pressure water blasting are extremely damaging to historic buildings. Applications to clean buildings should include evidence of an assessment by appropriate restoration professionals and justification for the proposed clean- ing treatment. Refer to the National Park Service's Preservation Brief No. 1: Assessing Cleaning and Water -Repellant Treatments for Historic Masonry Buildings (available at http://www.nps.gov/history/hps/tps/briefs/brief01.htm) for more information on these treatments. Masonry Projects, Water- proofing Mileage Reimbursement Waterproofing Buildings - Masonry materials provide a natural barrier to the elements. The application of "waterproof" or "water resistant" coatings is usu- ally inappropriate. They tend to discolor the original materials, to add a glossy appearance, and may accelerate the deterioration of masonry by holding inte- rior moisture within the material. Projects involving the application of water- proof or water-resistant coatings to masonry should include evidence of an assessment by appropriate restoration professionals and justification of the proposed treatment. Refer to the National Park Service's Preservation Brief No. 1: Assessing Cleaning and Water -Repellant Treatments for Historic Ma- sonry Buildings (available at http://www.nps.gov/history/hps/tps/briefs/ brief0l .htm) for more information on these treatments. Memoranda of Understand- ing (MOU) Moving/Relocation Costs Moving Historic Structures or Buildings New Construction Outreach Specialist OAHP Site Forms The state rate for mileage reimbursement is currently $0.50/mile for 2 WD ve- hicles and $0.53/mile for 4WD vehicles. The 4WD mileage rate is only allow- able if access to the site requires the use of a 4WD vehicle. Formal agreement between the owner of the property and grant recipient. SHF does not pay for moving costs, nor does it accept moving costs as cash match. Applications may be submitted for grants for the restoration or rehabilitation of historic structures that have been moved after such structures have been offi- cially designated at the new site. However, the actual costs of moving historic buildings or structures and the costs for the preparation of the new site prior to a move are not eligible for State Historical Fund grant funding. The State Historical Fund grant program is intended to fund the restoration and preservation of historic sites and structures. Therefore, most forms of new construction are not eligible for State Historical Fund grant funding, including, but not limited to, the cost of additions to historic buildings, the construction of new buildings or other structures, driveways, pathways, trails, parking lots, utility connections outside the building footprint, etc. Member of the State Historical Fund Outreach Staff. The Outreach Specialist will help you prepare a competitive grant application and inform you of obliga- tions and restrictions related to receiving an SHF grant. Outreach Specialists also assist in teaching you about public relations related to your project. Office of Archaeology and Historic Preservation forms documenting the project site. 43 Oral History Standards Requests • preservation, developers, • historic • long-time • the for oral history projects should meet the following standards: The person(s) to be interviewed should have a close relationship to historic or municipal or county planning such as architects, planners, craftspeople, etc. The majority of the interview(s) should be devoted to the person's impact on preservation or development of the built environment. The interview(s) should not be devoted to documenting general history of community residents or pioneers. The project should not simply involve the indexing or transcription of previ- ously recorded interviews. The interview media should be catalogued in a re- gional or national bibliographical database and access should be available to general public. Owner Approval of Grant Application and Grant Award All projects involving property not owned by the applicant organization must show the approval and support of the legal property owner by obtaining the owner's signature on the Organizational Summary page of the application or The legal owner of the buildings/structures and the through a letter of support. land they sit upon will be required to sign the State Historical Fund contract. Partnerships Partnerships are other organizations or partners participating in the project. It's good demonstrate how partners are participating, the status of their com- mitment, and how they will assist in the completion of this project. Partnerships convey community support, indicate that organizations beyond the applicant value the project, and reflect increased public benefit. Payment Portion of grant award paid to Grant Recipient. Payment Request Form used to request either Advance, Interim, Final, or Easement payment. Perpetual Easement A contract held by an Easement Holding Organization that runs with the land and binds current and future owners of the property to certain restrictions for perpetuity. Phase Breaking a project into discrete units of time. For instance, a project might be distinguished by a planning phase, an exterior phase and an interior phase. You might also phase a large project into units that fit into our 24 -month con- tract period and/or that efficiently mobilize specialized contractors. Press Release (Description) Press release descriptions are part of the application and should include the name of the applicant, project title, location and a brief description of the pro- posed work that includes some element of public benefit. Private & For Profit Owners (1) Economic incentives such as State and Federal Tax Credits are available to private individual and for-profit property owners to assist them in their rehabili- tation efforts, and restoration of such properties may have more limited public benefit and access in comparison to the restoration of buildings owned or used by the general public or non-profit organizations. Information on State and Federal Tax Credits can be obtained by calling 303-866-3741 or visiting www.coloradohistoryoahp.org. State Historical Fund grant recipients may also apply for below -market -rate loans from the Colorado Historical Foundation to use as cash match for funded projects. Information on these loans can be ob- tained by calling 303-894-2503 or visiting www.cohf.org. 44 Private and For Profit Own- The ers (2) owned • visible • • • • following criteria will be applied to funding requests for work on privately- and for profit -owned types of properties: The project should involve an extremely significant building that is clearly from the public right-of-way. The applicant must be a public entity or appropriate non-profit organization. The owner should contribute considerably more than the 25% minimum cash match (a cash match of not less than 50% is generally expected). Grant funds should be restricted to exterior work involving restoration of sig- nificant historical features. Requests for funding of interior work will be considered only when that work would otherwise qualify for State or Federal Tax Credits, and even then such grants will be funded only if the grant applicant can make a compelling case for public investment and show public access to areas impacted by the work. • Because the restoration of residential property has very limited public benefit and access, very few grants are provided to assist in the restoration of build- ings which serve as single family residences. Progress Report Narrative explanation of progress of project, listing tasks completed to date, and assistance the SHF staff could provide to help complete help your project Project Management Management of day to day activities of the project. Profit Earned from Grant Projects Projects that result in a profit, such as publications or workshops, must report the amount of profit earned and certify that the funds will be used by the grant recipient organization to further their historic preservation mission. Applications for such projects should include information regarding the projected amount of profit to be earned and how the funds will be used. Projects That Do Not Com- pete Well The following types of projects will not be considered for funding unless they bear a strong relationship to historic buildings, sites or structures: • Oral histories (see page 20 for oral history standards). • General historical research. • General educational projects and programs. • Special events. • The storage, conservation, curation, exhibition, or interpretation of museum or archival collections including documents, photographs and artifacts. Project Number Nine digit number assigned to each project allowing the State Historical Fund to identify incoming and outgoing information and materials. Property Name The historic name of the site as noted in the National and/or State Register(s), or through a local landmark ordinance. Public Benefit Public funds need to be distributed for public benefit. The definition of public benefit is broad and can mean that others beyond the direct recipients of the grant monies will benefit in some way from the project. The direct recipients of the grant monies can also demonstrate public benefit, depending on who/what they are. For instance, preserving a courthouse has immense public benefit because the entire county receives some benefit from doing business in a safe, preserved environment. Discuss whether the project will benefit under- represented groups such as under -funded groups or communities. Other forms of public benefit might be a stimulus to the local economy, heritage tourism, revitalization of the area, or community -building activities. Public Notice and Input tion After grant applications are received a list of all applications is placed on the State Historical Fund web site (www.coloradohistory-oahp.org, click on "SHF Grants"). Interested parties may provide comment on grant applications by writing to the State Historical Fund Director. All comments must be in writing and received at the State Historical Fund offices by the date indicated on the web site. Comments will be provided to the review committees for considera- during the review process. Publications and Repro- duction of Other Media (Including Signage) The State Historical Fund encourages applications for projects that involve research, writing, design, preparation, printing, and distribution of literature, or reproduction of materials in other media, including interpretative signage and brochures that relate to historic buildings, sites or structures. However, the State Historical Fund is not a publisher and generally will not fund projects that involve the printing or production of materials that have been previously pro- duced without State Historical Fund assistance. Funding may be considered for publication or reprinting of materials previously funded by the State Histori- cal Fund or when extensive revisions are contemplated to previously published work. Additionally, the State Historical Fund will not generally fund the con- struction of signs that have been researched, written, and designed without State Historical Fund assistance or involvement. Purchase of Equipment, Products or Supplies Equipment, products or supplies purchased as part of a grant -funded project must be dedicated solely to the performance of that project. Equipment with a useful life beyond the performance of the project should be rented, unless the grant recipient can document that the cost of renting the equipment during the project period exceeds the cost of purchase. In all other cases, equipment with a useful life beyond the performance of the project should be pro -rated be- tween the grant budget and other non -project -related funds. Reimbursement Due to Sale of Property All individuals or for-profit businesses benefiting from grants in excess of $10,000 must sign an agreement requiring the payback of the grant or a por- tion thereof if the property is sold within five years of the completion of the pro- ject. The agreement requires 100% payback if the property is sold in the first year and is reduced by 20% each year thereafter. Relationship of Projects to Historic Sites The purpose of the State Historical Fund is the preservation of historic sites and structures. Preservation may be broadly interpreted to include identifica- tion, evaluation, documentation, study, and interpretation of historic properties. Historic properties should be understood to include prehistoric and archaeo- logical sites, as well as the artifacts found in association with those sites. Within these parameters a wide variety of project types relating to specific his- toric sites or structures are clearly eligible for State Historical Fund funding. 46 Religious Properties following • Properties used for religious purposes may be considered for funding if the criteria apply: A public benefit must exist. If interior work is involved, the public must have reasonable access to the building without being required to participate in or witness any religious activities. Buildings that are also used by the general public for secular community purposes will meet this requirement. • The purpose of the grant must be secular, cannot promote religion, and must seek to protect those qualities that are historically or architecturally significant. Grant funds cannot be applied toward work on religious symbols. Request for Proposals (RFP) Process used to help Grant Recipients select the most qualified subcontractor for the best price. This process is designed to select the best -qualified profes- sional based on their background, experience, qualifications and project ap- proach. Two or more professionals in a given field (architecture, landscape architecture, engineering, graphic design, etc.) are asked to define and de- velop a specific project approach, scope of work, budget, and timeline for com- pletion of the project, and to state their qualifications for seeing the project through to completion. At least 15 days should be provided for the consultants to respond to an RFP. Research Design A research design is recommended for archaeology projects that involve large- scale excavation. Projects involving survey and/or testing do not require a formal research design. In order to qualify for large-scale excavation funding, the site must be designated at the time an application is submitted. A profes- sional archaeologist should always be involved with the development of a re- search design. For more information on research designs please contact the State Historical Fund staff archaeologist at 303-866-3498. Right to Use Grant -Funded Projects Any products (architectural drawings, written publications, photos, etc.) submit - ted to the State Historical Fund as part of a grant -funded project will become part of the public record. The Colorado Historical Society shall have the right to reproduce, publish, display, perform, prepare derivative works and otherwise use, as well as authorize others to use, such works for Society or State Histori- cal Fund purposes. Grant recipients will be required to include approved lan- guage expressing this policy in all contracts with consultants and contractors. Scope of Work List of preservation activities that will be performed during the project. Secretary of Interior Stan- dards Set of nationally established standards for the treatment of historic properties, which all SHF awarded projects must meet. SHF State Historical Fund 47 Signature An quired half chairperson ganization's quired original ("wet") signature of the Legally Authorized Representative is re- for all projects. This is a person who is legally authorized to sign on be- of the applicant organization. This is typically the president, treasurer, or of the applicant organization, and is usually designated in an or- bylaws. An original ("wet") signature of the Legal Owner is re- when an eligible applicant is submitting the application on behalf of an- other entity such as a federal or for-profit property owner. Subcontract Contract between Grant Recipient and Subcontractors (i.e.: Architect, General Contractor, etc.) Subcontractors Individual or Company hired by Grant Recipient to complete certain tasks. When hiring construction contractors such as general contractors, masonry experts, roofers, etc., there are several things that should be required of the contractor prior to hiring that individual or company. These might include Cer- tificates of Insurance, Labor and Material Payment Bonds, and Performance Bonds. If a contractor is selected based on a competitive bid process, the grant recipient should select reasonable bids from individuals who can carry out the project according to the Secretary of the Interior's Standards for the Treatment of Historic Properties and meet the expectations of the grant recipi- ent and the State Historical Fund. If the grant recipient is not confident that any of the bidders can do the work adequately, bids can be reopened according to a revised schedule. To avoid receiving bids from unqualified contractors, it is often helpful to establish prequalifications for prospective bidders. Submittal A Progress Report, Financial Report, or Payment Request. Taxable Income or Reve- nue A State Historical Fund grant may be considered taxable income or revenue to the grant recipient, the property owner or other beneficiary of grant funds. However, State Historical Fund staff are not authorized to provide legal advice on this issue. Grant recipients, property owners or other beneficiaries of grant funds are advised to consult with their tax attorney or accountant. Travel Costs • Mileage - $0.50 for 2WD vehicles and $0.53 for 4WD vehicles per mile maxi- mum is allowed. Cost of fuel/gas is included in the amount; therefore, addi- tional amounts for fuel/gas should not be reported. The 4WD mileage rate is only allowable if access to the site requires use of a 4WD vehicle. • Meals - generally $39.00 per diem is allowed ($7.00 for breakfast, $11.00 for lunch and $18.00 for dinner). Meal allowance can only be claimed on travel that involves an ovemight stay. Payment or reimbursement for alcoholic bever- ages and/or entertainment are not allowable expenses. • Lodging rate - $80.00 per night maximum is allowed. Hotel/Motel rates in excess of $75.00 per night must be charged to cash match. Utilities Outside the Build- ing Footprint Utility connections outside the building footprint, including sewer, water and electrical lines, or portions of mechanical, plumbing or electrical systems can- not be included in the Scope of Work or Budget of State Historical Fund pro- jects, either as part of the grant request or as cash match. Vender Offset Monies owed to the State Historical Fund or other State agencies, may be de- ducted from grant payments. 48 Urgency funding teriorating, Properly describing the urgency of a project can mean the difference between during the current round or a suggestion to come back for with a re- quest during a subsequent grant round. Urgency may be interpreted in differ- ent ways. For example, one project might be urgent because a building is de- while another might be urgent because of an upcoming special event or the existence of conditions, such as proposed cash match, that might not be in place in the future. Maintaining project momentum and reducing con- struction remobilization costs can also be a justification for urgency. Waiver In rare cases, applicants may request a waiver of all or some of the cash match requirement. The request for a waiver of the cash match requirement, with reasonable justification, must be provided in the application Window Projects It is generally considered inappropriate and unnecessary to replace original window material in an attempt to achieve a higher level of energy efficiency or to avoid maintenance. A professional with experience in window restoration should inventory the components of each window to determine the level of repair needed. Applications indicating an intent to replace windows should in- clude evidence of such an assessment and justification for replacement in lieu of repair. Work Completed Prior to the Signing of the Grant Contract Grant recipients must not carry out any work included in the application, nor obligate, encumber or expend any grant or cash match funds prior to receiving a fully executed (signed) contract from the State Historical Fund. Expenses obligated, encumbered or incurred prior to the execution of the contract and the project start date specified in the contract are the obligation of the grant recipient and cannot be reimbursed by the State Historical Fund or used for cash match. 49 NOTES 50 NOTES 51 Hello