HomeMy WebLinkAbout20083773.tiff rJ
Weld County Planning Department
GREELEY OFFICE
April 8, 2008 APR 09 2008
Kim Ogle P' ECEIVED
Planning Manager
Dept. of Planning Services
Weld County
Re: USR 415 and our previous conversations
Dear Kim,
The original state mining permit, and the Weld County Extraction Plan, shows
a haul route within the mining boundaries of the permit. Since mid-
February, 2008, Mr. Schell or his assigns have been hauling material along a
route that is not the one designated on the permit. The truck traffic has
been continuous, with two semi trucks running generally seven days a week
from dawn until after dark. The new route crosses my land on a 30 ft.
ingress/egress easement. If the permit stipulates a haul route, how is it
that another route can be used without an amendment?
Secondly, as stipulated in the USR, hauling is limited to daylight hours. Why
is this requirement not enforced?
Other issues accrue from this situation. Among them is the suggestion that
the permit does not apply at all, and so on and so forth.
Please advise me concerning the county's position and action in this matter.
I have met with Carl Mount (twice). Note the enclosed letter.
Sincerely, W '
_ V-AA44,vu--,
Mark Hannon
2204 18th Ave., Longmont, Colorado 80501
303-946-6865
2( S-3113
:1...
April 8, 2008
Carl Mount
Division of Minerals and Geology
Dept. of Natural Resources
State of Colorado
Re: Olson Permit No. 1980-160, Revision No. AM-1
Dear Carl,
My property at 1558 WCR 20.5 lies adjacent to the property to which the
referenced permit applies. That property it owned by Kenny Schell. I have
two complaints to record.
1. This permit was amended March 3, 2004. The record will show that I was
not notified of any impending amendment. Therefore, I was unable to make
a comment or objection to the mine plan and/or the reclamation plan.
2. The original state mining permit, and the Weld County Extraction Plan,
shows a haul route within the mining boundaries of the permit. Since mid-
February, 2008, Mr. Schell or his assigns have been hauling material along a
route that is not the one designated on the permit. The truck traffic has
been continuous, with two semi trucks running generally seven days a week
from dawn until after dark. The new route crosses my land on a 30 ft.
ingress/egress easement. If the permit stipulates a haul route, how is it
that another route can be used without an amendment?
Thank you for your attention to these matters.
Sincerely,
Mark Hannon
2004 18th Ave, Longmont, Co 80501
303-946-6865
it'',r, MEMORANDUM
I TO: Property Research
O
COLORADO DATE: March 24, 2008
FROM: Kim Ogle, Planning Manager
SUBJECT: Complaint for Investigation
Mark Hannon adjacent property owner requested that the County investigate the transport of soil
from a property utilizing a common access easement for the benefit of Lots A, B and an
undefined parcel to the Southeast. It is asserted that the property, Kenny Schell has contracted
Jack Teese (303)442-8836 to cut down a bank and to haul the topsoil spoils from this location
to a location near the intersection of Twilight and Oak Meadow Boulevard within the Town of
Firestone. The spoils are being utilized within a development identified as "Firestone Meadows".
Per Hannon, this activity commenced on February 13, 2008 and has continued daily, weather
permitting. The normal hours of operation are in twelve hour blocks with two loads leaving the
site each day.
Staff determined that there is an active mining operation occurring on site via USR-415 and
approved by the State of Colorado as M1980-160, a 112c mineral extraction permit. Per the
description provided by Hannon in review of an aerial photograph, it appears the spoils that are
being extracted are outside the limits of the existing permit boundary.
Given the action by Teese, the topsoil spoils are not being utilized for reclamation within the
permit boundary.
Staff review of permits for this activity determined that:
1]. There is no approved Grading Permit in place for this property.
2]. There is also no evidence of a tracking pad to limit the amount of material being deposited
on the County roadways.
3]. There is also no evidence of an approved haul route for the truck(s)entering and leaving the
property.
4]. Finally, there is no evidence that Best Management Practices are being employed on this
property to protect adjacent water corridors and water bodies.
Staff consulted the County Attorney's office for an interpretation of the excavating of the topsoil
spoils and if this action by the excavator constitutes mineral extraction, thus requiring an
amendment to the existing USR-415 permit. The County Attorney directed staff to consult with
the Division of Reclamation Mine Safety. Staff is awaiting a return call to the inquiry.
Planning Staff has directed Building Official Horgen to implement a Stop Work red tag for failure
to obtain the required permits as outlined herein.
Planning staff will provide a recommendation to the Director of Planning Services on the current
use of the land, including does staff consider this to be an expansion of the current Use by
Special Review permit. The Director will render an opinion that may be appealed to the Board of
Adjustment, should the opinion not be in the property owner's favor.
STATE OF COLORADO
DIVISION OF MINERALS AND GEOLOGY
Department of Natural Resources
1313 Sherman St.,Room 215 COLORADO
Denver,Colorado 80203 DIVISION OF
MINERALS
Phone:(303)866-3567
FAX:(303)832-8106 GEOLOGY
RECLAhATION•NINING
• SAFETY•SCIENCE
March 3,2004✓ sill Owens
Governor
•
Mr.Kenny Schell Russell George
Twin Peaks Excavating,Inc./ Executive Director
1500 Overlook Dr. Ronald W.Canny
Lafayette,CO 80026 ✓ Natural Resource Trustee
Re: Olson Pit,Permit No.M-1980-160,Amendment Approval,Revision No.AM-1
Dear Mr.Schell: •
On March 3, 2004 the Division of Minerals and Geology approved the Amendment application submitted to the Division on
December 5,2003,addressing the following:
Add 13.35 permitted acres and 10.2 disturbed acres to the remaining 39.39 permitted acres in Stages 1 and 2.
Stage 3(30 acres)was previously released from reclamation responsibility on April 7, 2003.
The terms of the Amendment No. 1 approved by the Division are hereby incorporated into Permit No.M-1980-160. All other
conditions and requirements of Permit No.M-1980-160 remain in fill force and effect.
If you have any questions,please contact me at(303)866-4921. • •
Sincerely,
44-41•1410( .
Thomas A. Schreiner
Environmental Protection Specialist •
Cc: Gamy I.Tuttle,T,afarge West,Inc.
Michael Hart,Hart Environmental
•
•
•
Office of Office of Colorado
Mined Land Reclamation Active and Inactive Mines Geological Survey
(, O /J
STATE OF COLORADO
DIVISION OF MINERALS AND GEOLOGY ,,H r-r., , ' •-t
Department of Natural Resources
1313 Sherman St.,Room 215 COLORADO
Denver,Colorado 80203 DIVISION OF
Phone:(303)866-3567 MINERALS
FAX:(303)832-8106 GEOLOGY
RECLAMATION•MINING
SAFETY•SCIENCE
Bill Owens
Notice of 119 Constnlctinn Materials Governor
Greg E
Reclamation Permit Amendment Application Consideration Walcher
ec
Executive Director
Ronald W.Cattany
Division Director
Natural Resource Trustee
DATE: December 5, 2003
TO: Weld County Planning Department
915 10th St
Greeley, CO 80632
FROM: Carl B. Mount, Senior Environmental Protection Specialist its1X.Qblr C- f'Yl
RE: Lafarge West, Inc., Olson Pit, Permit No. M-1980-160,Revision No. AM-1
Please be advised that on December 5, 2003, Lafarge West, Inc., whose address and telephone number are
1400 W. 64th Ave., Denver, CO 80221; (303) 657-4330, filed an Amendment application to M-1980-160, Olson
Pit, which is located at or near Section 20, Township 2N, Range 68W, 6th Prime Meridian, in Weld County. The
application decision is scheduled for March 4, 2004.
A copy of the application is available for review, unless you receive a CD, at the Weld County Clerk &
Recorder's office and at the office of the Division of Minerals and Geology, Room 215, 1313 Sherman Street,
Denver, Colorado 80203.
If you desire to make comments or objections of the mine plan and/or the reclamation plan, they must be
submitted within twenty (20) days of the date of the newspaper public notice to be considered in the application
review process by the Division. You should contact the applicant for the newspaper publication date. If we do
not receive your comments or any objection by the end of the public comment period,the Office will assume you
have no objection or comment to the proposed activity.
Office of Office of Colorado
Mined Land Reclamation Active and Inactive Mines Geological Survey
11
Kim gle
Plan 1i g Manager
Wel County
,I
Dean im,
11.
You' done a good job explaining most of this stuff about the
Sch '21 operation, but a few questions remain. Can you take a
mom knt to fill in the blanks for me? Eli give you a call.
J
iI`
1. f hat is the instrument that allows or legalizes Schell's
auling from this site? Is it part of the permit connected
'••1 o the 1983 Olson Pit? If so, how does the mining permit
pply?
21 hat is the county criteria or guideline for determining
ommercial and non-commercial operations? This haul seems
large to me. Do 1000 semi-truck loads of material already
t aken off this site, with another 500 (more or less)
`,; nticipated, qualify as a non-commercial operation?
3 Why has the county not sent someone to inspect the site to
, determine if what the operator/owner says is true is, in
fact, true about this dig?
4ii Given the problems surrounding the 30 ft access easement,
;I why has the county not sent someone out to inspect the
condition of this "haul road"? (Maybe this part of it is
�'� something I'll have to deal with myself. I don't mind, if
"}Ithat's the way it
is.)
Let e know, and thanks, 04-1-----
i
Mark Hannon
i.
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' <': i
Kim Ogle
From: Don Dunker
Sent: Thursday, March 27, 2008 4:58 PM
To: Kim Ogle
Cc: David Bauer; Don Dunker; Thomas Honn; Bryon Horgen; Roger Vigil
Subject: Gravel Pit with Mr. Schell
Kim,
Below are my notes from the meeting we had 03/26/08 with yourself, Kenny Schell, Tom Honn, Brian Horgen, Roger Vigil
and myself:
As the operator for the Gravel Pit Mr. Schell has stock piled his overburden and top soil outside the USR-415 boundary
near the Plumb and Daily Ditch. Due to this activity Mr. Schell shall be require to submit a grading plan to the building
department to enable them to issue a grading permit with the following information on it.
Kim Ogle was able to supply an older map containing contours of the USR-415 site to be use as a grading plan for
showing the following Best Management Practices (BMP) items on it.
1) Mr. Schell shall be require to place a cattle guard and just downstream a tracking pad that is 10' in length of 3" plus
cobble gravel by the width of the cattle guard on his property within the haul route of the trucks hauling the overburden
from the gravel pit site. The location shall be as close to CR 20-1/2 as possible but remain on Mr. Schell's property. He
shall show this tracking pad on the grading plan.
2) Mr. Schell shall place a note on the grading plan to indicate that he has placed a berm (show dimensions LxWxD on the
grading plan) in lieu of silt fence to keep sediment from entering the existing pond of water on the site.
3) Mr. Schell shall also place a note on the grading plan, water will be used to keep the dust from blowing off bare soil
areas not vegetated, or he will disc these areas to help reduce the about of blowing soil. Soil shall not be blown by the
wind or become air borne by truck traffic and allowed to impact adjacent properties.
4) Mr. Schell shall also place a note on the grading plan to say that he will seed and revegetate all bare soil areas on his
property by June 1, 2008 and be completed with his mining operations.
Mr. Schell shall submit this grading plan to Planning for approval of a grading permit. All of the above items listed shall be
installed in the field as Best Management Practices. Should one of more of these BMP's not function as intended to keep
erosion confined to the USR-415 property and Mr. Schell's property boundary additional requirements can be implemented
by Weld County Inspection personnel. Weld County personnel shall redline the grading plan with additional information
but not limited to the following berms, swales, silt fence, straw bales, waddles, and require seeding earlier than June 1,
2008 should the need arise.
Sincerely,
Don Dunker, P.E.
Weld County Public Works
1111 H Street
Greeley, CO 80631
phone: 970.304.6496 ext. 3749
fax: 970.304.6497
ddunker@co weld.co.us
1
ret„„4- , MEMORANDUM
VIII
TO: Case File: SUP-415
CFrontier Materials— Olson Pit
COLORADO Lee Ervin & Florence M. Olson, property owners
DATE: April 2008
FROM: Kim Ogle, Planning Manager
SUBJECT: Timeline
March 12, 1980 Letter requesting 24-foot crossing of BNSF Tracks
April 4, 1980 Planning Commission approval of SUP 415
June 4, 1980 Board of County Commissioners approval of SUP 415
Permit Area. 69.39 Acres, Three Mining Stages
Access Roads "Access is planned to be from the property onto Weld County Road 20.5. There
is an existing access from this property which enters Road 20 5 between two
bridges. The bridge east of the access road crosses Boulder Creek and is
adequate to support loaded gravel trucks The bridge west of the access road
crosses a drainage-way and is posted as to weight limitations Since loaded
trucks exceed this weight limitation, trucks bound for destinations west of the
proposed mining operation will enter Road 20.5 west of the bridge, while trucks
headed east will enter Road 20 5 east of the bridge Thus, the necessity of
crossing the small bridge will be eliminated. Permission to use the existing
crossing of the Burlington Northern Railroad tracks has been granted
Agreement has also been reached with respect to upgrading the existing
crossing "
June 4, 1980 Special Use Permit 415 Plat signed and submitted for recording
Book 906, Reception Number 1828245
Development Standard#9 states:
"All access roads from surface gravel mining operations to public highways,
roads, or streets, or to adjoining residential structures, shall be paved or
otherwise treated to minimize dust conditions on all parts of such access roads
which are located within one-fourth miles of the public highways, road, street, or
adjoining residential structure. All access shall have the approval of the Weld
County Engineering Department. All accesses shall be constructed in
accordance with the recommendation and/or requirements of the Weld County
Engineering Department."
December 5, 1986 Requested Temporary Cessation of Mining Operations from the State of
Colorado, Department of Natural Resources, Mined Land Reclamation Division,
approved December 18-19 1986.
March 3, 1989 Personal Representatives Deed made by Keith L Olson and Kenneth J. Olson as
Co-Personal Representatives of the Estate of Lee Ervin Olson, deceased and as
Co-Personal Representatives of the Estate of Florence M. Olson, deceased,
Grantors to Edward E and Eleonore I. Hodges Grantees whose legal address is
10759 County Road 7, Longmont, CO 80501. Book 1226, Reception Number
02172416. Document excepts and reserves to Grantors, their successors and
assigns, a thirty foot(30 feet)wide access easement, as described in Exhibit B of
this recorded document.
July 15, 1991 State of Colorado, Department of Natural Resources, Mined Land Reclamation
Division, approved the Succession of Operators from Frontier Materials Inc., to
Western Mobile, Inc. to LaFarge West, Inc
February 11, 1994 Recorded Exemption No. 1313-17-4 RE-1548 Plat recorded Eleonore I. Hodges.
May 23, 1997 Eleonore I. Hodges conveyed to Susan Lowry and Mark Hannon Lot A of
Recorded Exemption No. 1313-17-4 RE-1548. (B-1608 P-223)
February 23, 2000 Quitclaim Deed and Release between Burlington Northern and Santa Fe Railway
Company formerly named Burlington Northern Railroad Company a Delaware
Corporation, Grantor and Mark Hannon and Susan Lowry, as Tenants in common
of 1558 County Road 20.5, Longmont, CO 80504, Grantees. Recorded February
15, 2001 Reception number 2826054.
Property conveyed is the Northeasterly 50 feet of Lot A of Recorded Exemption
1313-17-4 RE 1548, recorded February 11, 1994 in Book 1426 as Reception
Number 2373514, being part of the South half of Section 17, Township 2 North,
Range 68 West of the 6th P.M. County of Weld, State of Colorado.
April 7, 2003 State of Colorado, Department of Natural Resources, Mined Land Reclamation
Division, approved LaFarge's request to release 30 acres of the permit area from
any further reclamation responsibility (Area is North of the BNSF Track). Permit
area reduced to 39.39 acres.
August 28, 2003 Quitclaim Deed and Release between Burlington Northern and Santa Fe Railway
Company formerly named Burlington Northern Railroad Company a Delaware
Corporation, Grantor and Keith and Guadalupe Monnett-Olson, husband and wife
as Joint Tenants of 1738 County Road 20.5, Longmont, CO 80504, Grantees.
Recorded December 30, 2003 Reception number 3139804.
Property conveyed is the Northerly 50 feet of railroads 100 foot wide Erie to
Longmont Branch Line right-of-way being part of Lots A and B of Recorded
Exemption No. 1313-17-4 RE-3523 being part of the SE4 of Section 17,
Township 2 North, Range 68 West of the 6th P M. County of Weld, State of
Colorado
October 20, 2003 Notice of Filing for Amendment to M-1980-160 Olson Pit , Applicant Twin Peaks
Excavating, Inc., Amendment was to the Reclamation Plan. Twin Peaks
Excavating, Inc. requested consideration from DMG to create additional wildlife
habitat on the property by adding 13.35 acres to the existing DMG Permit in order
to mine 10 2 acres of the property. The request amended the post reclamation
land use from agricultural to wildlife habitat.
November 24, 2003 Public Review of Request by Twin Peaks Excavating, Inc., forwarded to Planning
Office by the Clerk to the Board. No further correspondence was posted in
Planning land use case file, SUP-415
March 8, 2005 Recorded Exemption No 1313-17-4 RE-3085 Plat recorded creating Lot A and
Lot B (Hannon & Lowry-Hannon) parcels.
May 2, 2005 Corrected Recorded Exemption No. 1313-17-4 RE-3085 Plat recorded creating
Lot A and Lot B (Hannon & Lowry-Hannon) parcels.
Correction addresses. Add correct Lot dimension for Lot A; Add 15 foot water
line easement; Add 15 foot underground Electric easement.
May 27, 2005 Covenants recorded for Lot A and Lot B of Corrected Recorded Exemption No.
1313-17-4 RE-3085 Plat for Lot A and Lot B (Hannon & Lowry-Hannon parcel and
Harper parcel respectively)
May 27, 2005 Non-Exclusive Access Easement recorded for Lot A and Lot B of Corrected
Recorded Exemption No. 1313-17-4 RE-3085 Plat for Lot A and Lot B (Hannon &
Lowry-Hannon parcel and Harper parcel respectively)
March 24, 2008 Hannon contacted Ogle at Planning Services requesting an investigation into the
hauling of material from the property. Hannon stated activity commenced
February 13, 2008.
March 26, 2008 Planning, Public Works, Building and Director Honn met with Mr. Schell at the
Greeley Planning office to discuss the current operations on site. Several
stipulations were requested and as of March 28, 2008 Schell has complied with
stipulations as outlined in the Meeting Minutes of March 26, 2008 prepared by D.
Dunker.
March 28, 2008 On-site field investigation. Public Works, Planning, Ken Schell. Hannon present
briefly to acknowledge property corner. Determination by County representatives
that Schell was in compliance.
June 1, 2008 Schell to cease mining operations, have land seeded and graded and completely
reclaimed prior to or on this date.
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• fg4e; DEPARTMENT OF PLANNING SERVICES
Greeley Planning Office
918 Tenth Street
gip Greeley, Colorado 80631
WEBSITE. www.co.weld.co.us
O E-MAIL: kogle@co.weld.co.us
PHONE (970) 353-6100, EXT. 3549
COLORADO
FAX(970) 304-6498
April 15, 2008
Mark A Hannon
2204 18th Avenue
Longmont, CO 80501
Subject. Ken Schell—Twin Peaks Excavating
USR-415 Frontier. Olson pit
Dear Mark.
Please find attached the findings of the Department of Planning Services specific to access. The
applicant has a legal right to utilize the 30-foot access and utility easement to the landlocked parcel south
of and adjacent to your property. This access was provided to LaFarge and conveyed to Schell per
Olson's deed. Please see the attached documentation.
You are correct, the hours of operation for the hauling of material is restricted for this site. There is a
development standard provided on the plat which states. "All sand and gravel operations shall be
conducted during the hours of daylight except in the case of public or private emergency or to make
necessary repairs to equipment This restriction shall not apply to operation of administrative or executive
offices or repair facilities if located on the property "
Planning in recent history has applied a similar operation standard which provides a strict interpretation of
the hours of operation. The statement reads:
"Section 23-4-290.B of the Weld County Code limits the hours of operation for sand and gravel operations
to the hours of day light except in the case of public or private emergency or to make necessary repairs to
equipment Hours of operation may be extended with specific permission from the Weld County Board of
County Commissioners This restriction shall not apply to operation of administrative and executive offices
or repair and maintenance facilities located on the property "
I have copied representatives with the Public Works Department on this letter alerting them to your
concern that the present operator of the Olson Pit may be operating outside of these hours. Prior to the
County taking action, have you spoken to the property owner concerning this issue? Please advise.
Finally, to address the issue of the additional lands incorporated into the M-1980-160 State permit. This
amendment included additional lands to be developed for wildlife habitat. There is no correspondence in
the case file, thus conjecture on my part would suggest that this modification to the reclamation of the
property was not considered to be a substantial alteration to the existing reclamation permit, thus staff
took no action.
It is the intention of this office to address the concerns of the public and those who may be affected by
land use permits, approved either administratively or by the Board of County Commissioners It is the
opinion of this office that the documents provided with this letter address the issues presented in your
letter of April 8, 2008
As I stated previously, the Department of Planning Services will contact the Department of Public Works
to follow-up in the after daylight hour hauling as stipulated in your letter.
Planning staff has also contacted the Attorney's office for a determination of the validity of access for this
parcel of land. It is noted that all lands require adequate access to a public road, either through an
easement or direct access onto a publically maintained road. It is the opinion of this office that the
property has adequate access. Should your opinion be different from the conclusions reached by this
office, your next avenue of recourse may be to contact an attorney knowledgeable in land use.
Thank you for your request for information, and should this office be of further service, please do not
hesitate to contact us
Sin rely,
Kim
Planning Manager
ec T Honn, Drector
D Dunker, Public Works
SUP-415 File
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3289788 05/2712005 11:38A Weld County, CO
1 of 2 R 11.00 D 0.00 Steve Moreno Clerk& Recorder
DECLARATION OF COVENANTS
KNOW ALL MEN BY THESE PRESENTS:
THAT WHEREAS,Mark Hannon and Susan Lowry(hereinafter called "Declarants")are
the owners of that certain real property situated in the County of Weld,State of Colorado,being
more particularly described as
Lot A of Corrected Recorded Exemption No. 1313-17-4-RE3085,
recorded May 2, 2005 at Reception No 3282320,being a part of the S 'A of
Section 17,Township 2 North,Range 68 West of The 6th P.M.,
County of Weld,State of Colorado,
hereinafter referred to as Lot A,
and
Lot B of Corrected Recorded Exemption No. 1313-17-4-RE3085,recorded
May 2,2005 at Reception No 3282320,beins a part of the S `/2 of Section 17,
Township 2 North,Range 68 West of The en P.M.,
County of Weld, State of Colorado,
hereinafter referred to as Lot B.
WHEREAS,Declarants desire to subject and place upon the above-described property
certain covenants,conditions,restrictions, easements,reservations,rights-of-way and other
charges as set forth herein for the purpose of protecting the value and desirability of said
property,
NOW,THEREFORE,the Declarants hereby submit the above-described property,
together with all improvements, appurtenances and facilities thereto and now or hereafter
thereon,to the following terms,provisions,covenants,conditions,restrictions, easements,
reservations,uses,limitations and obligations,which shall be deemed to run with the above-
described property and all property hereafter annexed to this Declaration and shall be a burden
and benefit to Declarants, their successors and assigns,and any person acquiring or owning an
interest in the above described property and/or annexed property,their grantees, successors,
heirs, executors,administrators,devisees or assigns.
RESTRICTIVE COVENANTS
1. Residential Use. Any buildings to be constructed on the property are limited to one
residential dwelling on a permanent foundation and such outbuildings or accessory buildings as
support the reasonable enjoyment of the property in a manner consistent with now current or then
current Weld County zoning and use regulations. The external area of any one outbuilding or
accessory building,or the combined area of any group of outbuildings or accessory buildings
which serve the same purpose, shall not exceed three thousand(3,000)square feet.
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der
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MISCELLANEOUS
2. Enforcement. Enforcement of the covenants,conditions,restrictions, easements,
reservations,rights-of-way, liens,charges and other provisions contained in this Declaration,
shall be by a proceeding at law or in equity against any person or persons violating or attempting
to violate any such provision. The Declarant and/or any aggrieved Owner shall have the right to
institute,maintain and/or prosecute any such proceedings, and the in any such action instituted or
maintained under this paragraph,the prevailing party shall be entitled to recover its costs and
reasonable attorneys'fees incurred pursuant thereto, as well as any and all other sums awarded by
the court.
3. Term. This Declaration shall remain in effect from the date of recordation for a
period of twenty(20)years. Thereafter, this Declaration shall be automatically extended for five
(5)successive periods of ten(10)years each,unless otherwise terminated.
4. Non-Waiver.Failure by the Declarant,the Association, any Owner,First Mortgagee,
or any other person or entity to enforce any covenant,condition,restriction, easement,
reservation,right-of-way or other provision contained in this Declaration shall in no way or event
be deemed to be a waiver of the right to do so thereafter.
IN WITNESS WHEREOF,the undersigned,being the Declarant herein,have hereunto
set their hands on May 18, 2005.
1
14/'16a. . +.4n., z_to.a7ri - -
Mark Hannon Susan Lowry
STATE OF COLORADO )
girX,A4.
) ss. oy - E.
County of [ t: (h y )
The foregoing instrument was acknowledged before me on May 18, 2005 by Mark
Hannon and Susan Lowry,Declarants. as‘d SOflo -h n -e.rptr
WITNESS my hand and official seal.
Notary Public
My commission expires: 1 1
ZIOS
I.\wp51\Hannon Mark\Declaration
NOTAky '•
-2 - ; ---s
My Commission&t ues 11/2/2008
11111111IIII IIII IIII 1111111 11111 III 11111 till IIII
3289789 05/27/2005 11:38A Weld County, CO
789 1 of 6 R 31.00 D 0.00 Steve Moreno Clerk& Recorder
NON-EXCLUSIVE ACCESS EASEMENT
THIS AGREEMENT is made and entered into this t0 ' day of
May, 2005, by and between Susan Lowry and Mark Hannon
(hereinafter Lowry/Hannon or owner) and Jonathan E. Harper
hereinafter Harper or owner) hereinafter collectively referred to
as "the parties" or owners, who state that:
WHEREAS Lowry/Hannon owned a parcel of land located in the
County of Weld, State of Colorado, and more particularly
described below; and
WHEREAS Lowry/Hannon have divided their one parcel into two
parcels using the Exemption process established by Weld County,
and are selling one of the two new parcels to Harper; and
WHEREAS the parties desire to enable Harper to utilize an
existing access easement for access to Weld County Road 20 '-s and
existing utility easements within said access easement .
NOW THEREFORE, in consideration of the sum of Ten Dollars
($10. 00) paid by each party to the other, and the mutual prom:ses
contained herein, and other good and valuable consideration the
sufficiency of which is hereby acknowledged, the parties hereby
agree as follows :
Lowry/Hannon agree to sell and convey to Harper and his
successors and assigns, a perpetual but non-exclusive easement
for ingress and egress and access to utilities as hereinafter
described, subject to the terms and conditions hereinafter set
forth.
ARTICLE 1.0 - DESCRIPTION OF PARCELS
1 . 1 Lowry/Hannon are the owners of those parcels of land
described as follows :
Lot A of Corrected Recorded Exemption No. 1313-17-4-
RE3085, recorded May 2, 2005 at Reception No 3282320, being a
part of the S '- of Section 17, Township 2 North, Range 68 West of
The 6th P.M. ,
County of Weld, State of Colorado,
hereinafter referred to as Lot A,
and
Lot B of Corrected Recorded Exemption No. 1313-17-4-
RE3085, recorded May 2, 2005 at Reception No 3282320, being a
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part of the S of Section 17, Township 2 North, Range 68 West of
The 6th P.M. ,
County of Weld, State of Colorado,
hereinafter referred to as Lot B.
ARTICLE 2 .0 - DESCRIPTION OF EASEMENTS
2 . 1 Lowry/Hannon shall and do hereby convey to Harper, his
successors, heirs, or assigns, a perpetual easement in favor of
Lot A across a strip of land approximately thirty feet in width
running across Lot B from a point on the southerly right of way
line of Weld County Road 20'- to a point at the approximate
northeast corner of Lot A. See the attached Exhibit 1 containing
the legal description of said easement, and the attached Exhibit
2 containing an approximate map of said easement .
ARTICLE 3.0 - PURPOSE AND LIMITATIONS
The easement shall be for two purposes:
3. 1 To provide access by way of ingress and egress for
vehicular, pedestrian and equestrian traffic to and from Weld
County Road 20' to Lot A, and not for any recreational purpose.
3 . 2 To permit the owners of Lot A to use the easement to
reach any existing utility facilities within or above the
easement . This use shall include, but shall not be limited to,
the right to construct, install, lay and thereafter use, operate,
inspect, repair, maintain, replace and remove water meter pits,
buried pipelines, wires and cables and other facilities for the
purpose of transmission or distribution of water, natural gas,
telephone, cable (including television or internet service) , and
electrical facilities, or any other utility service reasonably
necessary to the enjoyment of Lot A.
ARTICLE 4 .0 - TERMS AND CONDITIONS OF EASEMENT
4 . 1 The easement is not exclusive. The parties and their
heirs, devisees, personal representatives, successors, and
assigns may use said easement in any manner which does not
unreasonably interfere with the purpose of this Easement and the
terms of the existing 30 foot wide access easement, as reserved
by Keith L. Olson and Kenneth J. Olson as Co-Personal
Representatives of the Estate of Lee Ervin Olson, also known as
Ervin Olson, Lee E. Olson and Erwin Olson, deceased, in the
Personal Representative' s Deed recorded March 3, 1989 in Book
1226 as Reception No. 2172416, as more particularly described in
said instrument, and as shown on Recorded Exemption No. 1313-17-
4-RE1548, recorded February 11, 1994 in Book 1426 as Reception
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No. 2373514, hereinafter referred to as "the existing easement . "
The parties understand that others currently have the right to
use the existing easement.
4 . 2 The parties shat) always maintain the easement so as to
prevent soil erosion upon adjoining land and in a manner
consistent with those standards developed by the Weld County
Commissioners for private roads serving residential dwelling
units.
4 . 3 No gates or other barriers or obstructions shall be
placed across the right-of way unless by mutual agreement of the
parties to this agreement and to the existing easement, with each
party to have keys to any locks forming a part of any gate or
barrier.
4 . 4 The easement shall only be for the surface use of the
property over which it passes, together with so much of the
subsurface as is necessary for lateral and subjacent support or
access to underground utilities. All other subsurface rights are
reserved to the owners of the respective parcels . Each party may
temporarily block the road on the easement as may be reasonably
necessary in order to install or maintain subsurface utilities or
make any other use of the subsurface they may desire, as long as
such use does not unreasonably interfere with the purpose of the
right-of way as above set forth as to either a party' s ability to
pass across the easement consistently, and after reasonable
notice to any other party who might be affected by such blockage.
Any blockage which interferes with another party' s right to
travel unimpeded for more than one hour at any given time shall
require the construction of a detour.
ARTICLE 5 . 0 MAINTENANCE AND REPAIRS
5 . 1 Maintenance shall include routine and anticipated
activities such as snow removal, repairs, grading and graveling
of that portion of the easement described in Exhibit 1 only.
5. 2 The performance of and cost of any routine or other
maintenance of the road which is necessary for the
continued use of the road shall be shared in
proportionate shares by all users of the road and
easement, proportionate to usage of all users of the
easement and road, not just the parties to this
agreement.
5. 3 Each parcel owner is individually responsible for any
damage caused to the roads during the construction of
improvements upon his or her parcel, whether such
damage is caused by a vehicle belonging to the owner or
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to any person or entity using the roads while engaged
in activity benefiting such owner. Each parcel owner
shall also be responsible for any damage causec by
utility cuts in reads, washouts or runoff damage caused
by failure to install required culverts properly and in
a timely manner. The parties agree to try to require
any future commercial users of the road to bear sole
responsibility for repairs during the time of their
use, and to seek contribution from commercial users to
the extent deemed mutually beneficial tc do so.
5. 4 No improvement (which is intended to include changing
the roadbed from the existing gravel) shall be
undertaken which obligates an owner to a cost in excess
of $200 in any one calendar year without first
obtaining that owner ' s written consent to the
improvement. Reasonably necessary repairs shall not be
subject to this limitation, however any repair (s) which
would impose a cost on an owner equal to or in excess
of $300 in any one calendar year shall only be
undertaken after the parties have first consulted one
another regarding the need for the repair and any
alternative methods of repair.
ARTICLE 6. 0 MISCELLANEOUS
6. 1 This Agreement shall be binding upon and shall inure to
the benefit of the parties, their heirs, devisees, personal
representatives, successors and assigns, and upon any person who
acquires an interest in any portion of the benefited parcels
after the date of this agreement.
6. 2 If, at any time, any party is required to enforce this
easement or to defend any action arising out of the facts
connected with or caused by reason of the ownership of the
dominant estate or this easement or any rights pursuant thereto,
the losing party will owe and will pay to the prevailing party
all costs of enforcement or defense, including reasonably
attorneys ' fees incurred or expended by them in conducting such
defense or in enforcing the terms of this easement, whether oz
not suit is filed.
6. 3 All covenants, promises, conditions, and obligations
herein contained or implied by law are covenants running with the
land and shall attach and bind and inure to the benefit of the
parties and their respective heirs, legal representatives,
successors, and assigns except as otherwise provided herein.
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DATED THIS Na day of May, 2005 .
0 1/1441, listA44,14
S san Lowry Mark Hannon
_R
J athan E. Har er
STATE OF COLORADO )
SS
COUNTY OF JA dy)
0!.., foregoing inst,rgment was acknowledged before me on the
day of , 2005, by Susan Lowry.
Witness my hand and official seal.
My Commission expires :
Notary Public
STATE OF COLORADO )
SS
COUNTY OF6 �- )
t .,,,,j foregoing inst u ent was acknowledged before me on the
s1 day of LJ i ] , 2005, by Mark Hannon.
Witness my hand and official seal .
My Commission expires:
Notary Public
STATE OF COLORADO )
l ) SS
COUNTY OF in✓{"p,�.
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6 of 6 R 31.00 D 0.00 Steve Moreno Clerk& Recorder
T foregoing in ument was acknowledged before me on the
t day of AC II) 2005, by Jonathan E.
Harper. J
Witness my hand and official seal .
My Commission expires : 1( (Zia
,
Notary Pub is
I_\wp51\hannon\easement3
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1 111111 11111 IIII 11111111 III III 11County,11 III CO
IIII 1111
3139804 12/30/2003 11:16A Weld
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QUITCLAIM DEED AND RELEASE
dbY
THIS DEED, made this day of 1I ' 7 , 2003,
between THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY, a
Delaware corporation, Grantor, and KEITH L. OLSON AND GUADALUPE
MONNETT-OLSON, HUSBAND AND WIFE, AS JOINT TENANTS, of 1738 Weld
County Road 2014, Longmont, Colorado 80504, Grantees.
WITNESSETH: That the said Grantor, for Ten and No/100 Dollars
($10.00) and other good and valuable consideration to the said
Grantor in hand paid by the said Grantees, the receipt whereof is
hereby confessed and acknowledged, hath remised, released, sold,
conveyed and quitclaimed, and by these presents doth remise,
release, sell, convey and quitclaim, without any covenants of
warranty whatsoever and without recourse to the Grantor, its
successors and assigns, unto the said Grantees, their heirs and
assigns forever, all the right, title, interest, claim and demand,
if any, which the said Grantor hath in and to the following
described premises, located in Weld County, Colorado, more
particularly described as follows:
The Northerly 50 feet of The Burlington Northern and
Santa Fe Railway Company' s (formerly Chicago, Burlington
& Quincy Railroad Company) 100 foot wide Erie to
Longmont, Colorado Branch Line right of way, now
discontinued, located upon, over and across the Southeast
Quarter of Section 17, Township 2 North, Range 68 West of
the 6th Principal Meridian, Weld County, Colorado,
bounded on the East by the East line of said Section 17
and bounded on the Westerly side by a line drawn at right
angles to said Railway Company' s Main Track centerline,
as originally located and constructed, at a point therein
distant, 893.30 feet Southeasterly from the North line of
said Southeast Quarter, as measured along the Northerly
line of said 100 foot wide right of way.
SUBJECT, however, to all existing interests, including but not
limited to all reservations, rights-of-way and easements of record
or otherwise.
ALSO, if the premises are locally assessed, the Grantees, and
for their heirs and assigns, by acceptance of this deed, agree to
assume all locally assessed real estate taxes, outstanding and
otherwise, and any and all past, present, pending and future
1
r,
IIIIII IIIII IIII 11111111 III 1111111 11111 Ill 11111 IIII
3139804 12/30/2003 11:16A Weld County, CO
2 of 3 R 16.00 D 0.00 Steve Moreno Clerk& Recorder
assessments of every nature whatsoever, which have been or may be
levied against the premises.
ALSO, the Grantees, and for their heirs and assigns, by
acceptance of this deed, hereby release and forever discharge the
Grantor, its successors and assigns, from any and all present or
future obligations of the Grantor, its successors and assigns,
including but not limited to the construction of or continued
maintenance thereto of any railroad fences, snow fences, road
crossings, cattle guards, gates, farm crossings, bridges, drainage
or irrigation pipes, if any, located and situated on the premises
herein conveyed.
BY ACCEPTANCE OF THIS DEED, Grantees acknowledge that a
material consideration for this conveyance, without which it would
not be made, is the agreement by the Grantees, for their heirs and
assigns, that the Grantor, its predecessors, successors, and
assigns shall be in no manner responsible to the Grantees, any
subsequent owner, purchaser, or any person interested therein for
any and all claims, demands, damages, causes of action including
loss of access, or suits regarding the quiet and peaceable
possession of such premises, title thereto, or condition thereof.
IN WITNESS WHEREOF, the said Grantor has caused this deed to
be signed by its authorized officers, and has caused the seal to be
hereto affixed the day and year first above written.
THE BURLINGTON NORTHERN AND
SANTA FE RAILWAY COMPANY
BY
I2a
D. A. Detjen
Manager Real Estate
,'11,,,,,,,,
_: los ATTEST:
SEAL ,(2(4,,,A:
64.i /
BY
'% '• Lawn ••' Patricia Vol orski
i •`'• Assistant Secretary
2
11fIN 11111 liii 11111111 III 1111111 Il..i III 1111111111111
3139804 12/30/2003 11:16A Weld County, CO
3 of 3 R 16.00 D 0.00 Steve Moreno Clerk& Recorder
Send Tax Bills To:
Keith L. Olson
1738 Weld County Road 201I
Longmont, CO 80504
STATE OF TEXAS )
) ss
COUNTY OF TARRANT )
qq�)08 foregoz g instrument was acknowledged before me this
£ day of 1U9 use , 2003, by D. A. Detjen as Manager
Real Estate and Paticia Zbichorski as Assistant Secretary of The
Burlington Northern and Santa Fe Railway Company, a corporation.
WITNESS my hand and official seal.
My Commission Expires: to f LL12.0D3
TAMMY K. HERNDON
Ak,F, y PubIle Not Public
1 STATE OF TEXAS
' Hr Cotes,Exp.10/25/2003
This instrument was drafted by:
The Burlington Northern and
Santa Fe Railway Company
Property and Facilities Management
2500 Lou Menk Drive, AOB 3
Fort Worth, Texas 76131-2830
BN8054-27/Erie to Longmont, CO
3
• 1111111111111111111111111111111!1111114 III 11111{1111111
1 2826054
R 5,0000 0.1 Suki kamoto
5 Weld County CO
OSV QUITCLAIM DEED AND RELEASE
THIS DEED, made this O3 day of T"Cb U GV` , 2000,
between THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY
(formerly named Burlington Northern Railroad Company) , a Delaware
corporation, Grantor, and MARK HANNON AND SUSAN LOWRY, AS TENANTS
IN COMMON, of 1558 WCR 20%, Longmont, Colorado 80504, Grantees.
WITNESSETH: That the said Grantor, for Ten and No/100 Dollars
($10 .00) and other good and valuable consideration to the said
Grantor in hand paid by the said Grantees, the receipt whereof is
hereby confessed and acknowledged, hath remised, released, sold,
conveyed and quitclaimed, and by these presents doth remise,
release, sell, convey and quitclaim, without any covenants of
warranty whatsoever and without recourse to the Grantor, its
successors and assigns, unto the said Grantees, their heirs and
assigns forever, all the right, title, interest, claim and demand,
if any, which the said Grantor hath in and to the following
described premises, located in Weld County, Colorado, more
particularly described as follows:
The Northeasterlymost 50 feet of Lot A of Recorded
Exemption No. 1313-17-4-RE1548, recorded February 11,
1994 in Book 1426 as Reception No. 2373514, being a part
of the South Half of Section 17, Township 2 North, Range
68 West of the 6th Principal Meridian, County of Weld,
State of Colorado.
SUBJECT, however, to all existing interests, including but not
limited to all reservations, rights-of-way and easements of record
or otherwise.
ALSO, if the premises are locally assessed, the Grantees, and
for their heirs and assigns, by acceptance of this deed, agree to
assume all locally assessed real estate taxes, outstanding and
otherwise, and any and all past, present, pending and future
assessments of every nature whatsoever, which have been or may be
levied against the premises.
ALSO, the Grantees, and for their heirs and assigns, by
acceptance of this deed, hereby release and forever discharge the
Grantor, its successors and assigns, from any and all present or
future obligations of the Grantor, its successors and assigns,
including but not limited to the construction of or continued
1
1111111 11111 1111111111 1111111 III hulL iii 11111 liii IIII
2826054 02/15/2001 08:52A JA Sukl Tsukamoto
2 of 3 R 15.00 D 0.15 Weld County CO
maintenance thereto of any railroad fences, snow fences, road
crossings, cattle guards, gates, farm crossings, bridges, drainage
or irrigation pipes, if any, located and situated on the premises
herein conveyed.
BY ACCEPTANCE OF THIS DEED, Grantees acknowledge that a
material consideration for this conveyance, without which it would
not be made, is the agreement by the Grantees, for their heirs and
assigns, that the Grantor, its predecessors, successors, and
assigns shall be in no manner responsible to the Grantees, any
subsequent owner, purchaser, or any person interested therein for
any and all claims, demands, damages, causes of action including
loss of access, or suits regarding the quiet and peaceable
possession of such premises, title thereto, or condition thereof.
IN WITNESS WHEREOF, the said Grantor has caused this deed to
be signed by its authorized officers, and has caused the seal to be
hereto affixed the day and year first above written.
THE BURLINGTON NORTHERN AND
SANTA FE RAILWAY COMPANY
BY
D. P. Sc neider
General Director Real Estate
omilIIt,,/w
0`e.�N AND S� ., ATTEST:
4Paq•, T
3
aSEA BY ,fi11., 1 (FA
�. �
oLLf''C/gwffpa++11.. p`��.�`� Assistant Secretary
Send Tax Bills To:
Mark Hannon and Susan Lowry
1558 WCR 20%
Longmont, Colorado 80504
2
I Il ILIl IIII III lull lii lll1 w ��1ll III 1111
3 of054 02/ 512001 3 R 5.00 D 0.15 5Weld�A Suki kamoto
County CO
STATE OF TEXAS )
ss
COUNTY OF TARRANT )
_he foregoi�n..g instrument was acknowledged before me this
{9 day of !- riprOary , 2000,by D. P. Schneider as
General Director Real Estate and rtCi 7J%Ch0r5k as Assistant
Secretary of The Burlington Northern and Santa Fe Railway Company,
a corporation.
WITNESS my hand and official seal.
My Commission Expires: l p J a,,3 J a)03 .
JQfrnfrn 4 .DJtdQl�1
1,30.:., TOW K. NERNDON Notary Public
Marl/Pubsc
STATE OF TEXAS
7<La)! ►I y Comm.Exp. 10126/2003
This instrument was drafted by:
The Burlington Northern and
Santa Fe Railway Company
Property and Facilities Management
2500 Lou Menk Drive, A0B 3
Fort Worth, Texas 76131-2830
SN8054-22/Erie to Longmont, CO
3
Cf. 5 /
WARRANTY DEED
THIS DEED, Made this 23rd day of May, 1997 between
Robin James Harding, Successor Trustee, and Eleonore I. Hodges as Trustee of the
Edward and Eleonore Hodges Living Trust dated June 5, 1992.
of the County of Weld and
State of Colorado, grantor, and
Susan Lowry and Mark Hannon
whose legal address is 7050 West 120th Ave., Broomfield, CO 80020
of the County of Jefferson and State of Colorado,_ grantees:
WITHESS_that_tJe_ granter for and in consideration of the sum of ONE HUNDRED TWENTY
FIVE THOUSAND AND 00/100, ($125,000.00) Dollars, the receipt and sufficiency of which
is hereby acknowledged, has granted, bargained, sold and conveyed, and by these
presents does grant, bargain, sell, convey and confirm unto the grantees, their heirs
and assigns forever, not in tenancy in common but in JOINT TENANCY, all real property,
together with improvements, if any, situate, lying and being in the County of Weld
and State of Colorado, described as follows:
N SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF
aU�also known by street and number as Vacant, Longmont, Colorado 80504
TOGETHER with all and singular the hereditaments 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 grantor, either in law or equity, of, in
and.t0.the-above-harvwineA prem-.�1_eaves__ wit_t]�heradit..menta and_appnrtsnaneee._
TO HAVE AND TO HOLD the said premises above bargained and described, with the
appurtenances, unto the grantees, their heirs and assigns forever. And the grantor,
for himself, his heirs and personal representatives, does covenant, grant, bargain,
and agree to and with the grantees, their heirs and assigns, that at the time of-the
ensealing and delivery of these presents, he is well seized of the premises above
conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in
law, Ln 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, encumbrances and restrictions of whatever kind or nature soever, except
general taxes for 1997 and subsequent years; except easements, restrictions,
covenants, conditions, reservations and rights of way of record, if any; RESERVING
HOWEVER, unto Grantor, all oil, gas and other Minerals presently owned by said
grantor, if any, on, under, upon and that may be produced from said premises.
2549955 B-1608 P-223 05/27/1997 03:33P PG 1 OF 2 REC DOC t
Weld County CO JA Suki Tsukamoto Clerk & Recorder 11.00 12.50
The grantor shall and will WARRANT AND FOREVER DEFEND the above-bargained premises
in the quiet and peaceable po ion of the grantees, their heirs and assigns, against
all and every person or persons lawfully claiming the whole or any part thereof.
The singular number shall include the plural, 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.
Robin James Harding, Successor Trustee,
BY Vi "" 1 and Eleonore I. Hodges as Trustee of the
yu�i4 -(S�(�Qi Edward and Eleonore Hodges Living Trust
Eleonore I. Hodges, Tru ee i dated June
5, 1992. 46-3;)
BY (!�7'Lw g4410.6
Robin James Harding, Successor Trustee
STATE OF COLORADO }
} ss. The foregoing instrument was acknowledged before me
County of Weld } this 23rd day of May, 1997
by Robin James Harding, Successor Trustee, and Eleonore I. Hodges as Trustee of the Edward
and Eleanore Hodges Living Trust dated June 5, 1992.
Witness my hand and official seal.
My con expires 6/25/2000 """.
P,POOL"s''t 71 �A ''
J I RY•�
NOTARY PUBLIC S :N� C
111 Tenth Avenue I. pUBU
No. 921A. Rev. 3-85 Greeley, COLORADO 80631 5, .% .0.cO .
,,,,sili
OF Cpl _
'
"EXHIBIT A"
LEGAL DESCRIPTION
2549955 B-1608 P-223 05/27/1997 03:33P PG 2 OF 2
Lot A of Recorded Exemption No. 1313-17-4-RE1548, recorded February 11,
1994 in Book 1426 as Reception No. 2373514, being a part of the S1/2 of
Section 17, Township 2 North, Range 68 West of the 6th P.M., County of
Weld, State of Colorado.
AR2224 037 .a Documentary Fee
B 1273 REC 02224037 08/20/90 15:32 .15.00 1/003 F 0931 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO ••
ON REPRE
SENTATIVES' _DEED
PERSONAL
THIS DEED, is made by Keith L. Olson and Kenneth J.
Olson as Co-Personal Representatives of the Estate of Lee
Ervin Olson, a/k/a Ervin Olson and as Lee E. Olson and as
Erwin Olson, deceased, and as Co-Personal Representatives of
the Estate of Florence M. Olson, a/k/a Florence Marie Olson,
deceased, Grantors, to Keith L. Olson, individually, and
Guadalupe Monnett, Grantees, whose legal address is 1730
Weld County Road 20}, Longmont, Colorado 80501,
WHEREAS, the above-named decedent Lee Ervin Olson, in
his lifetime made and executed his Last Will and Testament
dated May 22, 1964, which Will was duly admitted to formal
probate on March 13, 1987, by the District Court in and for
the County of Weld, State of Colorado, Probate No. 84 PR
228;
WHEREAS, the above-named decedent Florence M. Olson,
died intestate on January 27, 1985 and probate of her estate
was commenced February 11, 1985 in the District Court in and
{F- for the County of Weld, State of Colorado, Probate No. 85 PR
51;
WHEREAS, Grantors were duly appointed Co-Personal Rep-
resentative of both Estates on March 13, 1987, and are now
qualified and acting in said capacity.
NOW THEREFORE, pursuant to the powers conferred upon
Grantors by the Colorado Probate Code, Grantors do hereby
sell, convey, assign, transfer and set over unto Grantees,
as tenants in common and not as joint tenants, for and in
consideration of One Hundred Twenty-Three Thousand Five
Hundred and no/100 ($123,500.00) Dollars the real property
situate in the County of Weld, State of Colorado which is
more particularly described on Exhibit A attached hereto and
incorporated herein (the "Land");
Together with all water, water rights, ditch, ditch
rights, reservoir, reservoir rights owned by Grantor which
are used in connection with the Land but expressly excluding
therefrom one share of capital stock of the Godding, Plumb &
Dailey Ditch Company and any and all water and water rights
relative to such share, but expressly including in this
conveyance to Grantees all Left Hand water taps owned by
Grantors;
Together with all of Grantors' interests in all sand
and gravel which is on or under the Land together with all
of Grantors' interests in all gas, oil, hydrocarbons and
other minerals which are on or under the Land, together with
all of Grantors' interests in all oil and gas leases owned
by Grantors which relate to and only as they relate to the
Land. Grantors are the Lessor under a certain oil and gas
lease recorded January 17, 1980 in Book 893 as Reception No.
1814538 (extension of which was claimed by Affidavit of
Production recorded July 7, 1982 in Book 971 as Reception
No. 1896725 (the "Oil and Gas Lease") . For all purposes
hereof, the interest of Grantors in the Oil and Gas Lease
which is conveyed hereunder represents a 37/211.82 interest
in the 1/8 royalty granted to the Lessor under the Oil and
Gas Lease.
With all appurtenances, subject to covenants, ease-
ments, restrictions and all other matters of record.
As used herein, the singular includes the plural and
the masculine gender includes the feminine and neuter
genders as the context may require.
B 1273 REC 02224037 08/20/90 15:32 15.00 2/003
F 0932 MARY ANN FEUERSTEIN CLERK S RECORDER WELD CO, CO
Executed cZ4 . /6 /9'90 , 1990.
/c."1.a.,j/671,1.--01-%—and
Keith L. Olson Kenneth J. Ols'bn
as Co-Personal Representatives of the
Estate of Lee Ervin Olson, a/k/a Ervin
Olson and as Lee E. Olson and as Erwin
Olson, Deceased, and as Co-Personal
Representatives of the Estate of
Florence M. Olson, a/k/a Florence Marie
Olson, Deceased.
STATE OF COLORADO )
ss.
COUNTY OF WELD
The foregoing instrument was acknowledged before me in
the County of Weld, State of Colorado, this \\c1 day of
August, 1990 by Keith L. Olson as Co-Personal Representative
of the Estate of Lee Ervin Olson, a/k/a Ervin Olson and as
Lee E. Olson and as Erwin Olson, Deceased, and as Co-Person-
al Representative of the Estate of Florence M. Olson, a/k/a
Florence Marie Olson, Deceased.
Witness my hand and official seal.
My commission expires: \\\C\C,.5\ 1 1 94 a-.-
r
"t J C4-
v_�.,,.�"? No Public
xF"nn-c la P Y•
<Z,O1 - C;
fo ,�•- G•; Address
• ,
rF OFCo\' '
STATE OF COLORADO )
ss.
COUNTY OF WELD )
The foregoing instrument was acknowledged before me in
the County of Weld, State of Colorado, this \0 day of
August, 1990 by Kenneth J. Olson as Co-Personal Representa-
tive of the Estate of Lee Ervin Olson, a/k/a Ervin Olson and
as Lee E. Olson and as Erwin Olson, Deceased, and as Co-
Personal Representative of the Estate of Florence M. Olson,
a/k/a Florence Marie Olson, Deceased.
Witness my hand and official seal.
My commission expires: '
05.
xt ti ¢ N R Y • No4 Publi
c"1:�9''� c O ill - C>> 5 .
4,1 '• p u5\-5\- Address
\ N.0 siS 1.1'")J
OFD
-2-
B 1273 REC 02224037 08/20/90 15:32 15.uu 3/003
F 0933 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
EXHIBIT A
The following described parcel of land situate in the
County of Weld, State of Colorado:
A parcel of land located in the SE1/4 of Section 17, Town-
ship 2 North, Range 68 West of the 6th P.M., being more
particularly described as follows:
COMMENCING at the East Quarter Corner of said Section 17,
whence the Southeast Corner of said Section 17 bears South
00°14'17" East; Thence along the North Line of the SE1/4 of
said Section 17, South 89°53'09" West, 470.05 feet to the
Northwest Corner of that certain tract of land described by
Deed recorded March 16, 1957 in Book 1473 at Page 26 and the
TRUE POINT OF BEGINNING; Thence along the Southwesterly Line
of said tract the following Courses:
1) South 34°45'17" East, 337.16 feet;
2) South 52°51'17" East, 280.20 feet;
3) South 28°59'17" East, 41.00 feet;
4) South 00°54'43" West, 193.30 feet;
5) South 57°04'17" East, 48.40 feet to the East Line of
said Section 17;
Thence leaving said tract at Book 1473 at Page 26 and along
the East Line of said Section 17, South 00°14'17" East,
1019.30 feet to a point on the Northerly Right-of-Way Line
of the BURLINGTON NORTHERN RAILROAD; Thence along said
Northerly Right-of-Way Line North 51°27'20" West, 2756.46
feet to the North Line of the SE1/4 of said Section 17;
Thence North 89°53'09" East, 1678.69 feet to the TRUE POINT
OF BEGINNING;
EXCEPTING THEREFROM the following described parcels, to-wit:
PARCEL I:
A tract of land conveyed to DUANE E. DEZEIL and MARY K.
DEZEIL by Personal Representative's Deed recorded October 3,
1986 in Book 1130 at Reception No. 2072049, Weld County
Records and described as follows:
THAT portion of the NW1/4 of the SE1/4 of Section 17,
Township 2 North, Range 68 West of the 6th P.M. , described
as follows:
BEGINNING at a point on the North Line of the SE1/4 of said
Section 17, whence the East Quarter Corner of said Section
17 bears North 89°53'09" East, 1511,48 feet; Thence South
00°08'39" East, 52.37 feet; Thence South 36°27'36" West,
357.44 feet to a point on the North Right-of-Way Line of the
BURLINGTON NORTHERN RAILROAD; Thence along said Right-of-Way
Line North 51°27'20" West, 543.37 feet to a point on the
North Line of said SE1/4; Thence North 89°53'09" East,
637.26 feet to the POINT OF BEGINNING; AND;
PARCEL II:
A tract of land conveyed to E. MAX SERAFINI and DORIS ANN
SERAFINI by the Warranty Deed recorded January 21, 1972 in
Book 661 at Reception No. 1582880, Weld County Records, and
described as follows:
A part of the SE1/4 of Section 17, Township 2 North, Range
68 West of the 6th P.M. , more particularly described as
follows:
COMMENCING at the East Quarter Corner of said Section 17;
Thence South along the East Line of the SE1/4 of said
Section 17, 702.6 feet to the TRUE POINT OF BEGINNING;
Thence North 56°50'00" West, 48.4 feet; Thence North
01°09'00" East, 193.3 feet; Thence North 28°45'00" West,
41.0 feet; Thence North 52°37'00" West, 280.2 feet; Thence
South 23°23'24" East, 701.77 feet to a point of intersection
with the East Line of said SE1/4; Thence North along said
East Line 218.00 feet to the TRUE POINT OF BEGINNING.
AR217243,5 B 1226 REC 02172415 03/03/89 12:02 $3.00 1/001
F 0005 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
DISTRICT COURT. COL NTY OF WELD
STATE OF COLORADO
Case No. 84'R 228 Division _1_
-
/AEI';DED
LETTERS
IN THE:MATTER OF(THE ESTATE OF) l
LEE ERVIN OLSON, also known as ERVIN OLSON, and as LEE E. OLSON and as
ERWIN OLSON,
(Deceas ed.)4 FratectsdReriat}i{M car, 44oapacit-ateci-Pe:•se .•.
WHEREAS,on March 13, 1987, Keith L. Olson and Kenneth J. Olson
tooter
/were
was-appointed or qualified as'
Co—Personal Representatives
n of the estate of the above named(decedent)4{xo-e:..t.e.d-pdrson)
0 of the above named (minor) (incapacitated person)
by this Court or its Registrar,with all authority pertaining thereto:
NOW,THEREFORE, these Letters" Tes tamentary
are issued as evidence of such appointment or qualification and authority.
- �..�� tiAY 1 5 1987
r r
l�l'I'NESS m‘s>gnasure and the seal of this Court on �1
1
• �'�-. gl )f Court) rr c,
.� w` Y ( r t�rll l Df`7a�
k„i t
t
•Fo.d'ecest4,u: .es at`es.insert Personal Representative "Insert one of the following:
For propem management.insert Conservator a)Testamentary
For personal guardianship. insert Guar¢an and whether by b)Of Adaunistraaon
wil! wntten instrument or c o=order C)Of Guardianship
For Special Adtrinutratnr.insert Special Administrator and dl Of Conservatorship
whether in formal or informal proceedings e) Spedal Adatims:ration
'CER11f7CATi�STAMP for) CERTIFICATION STATEMENT
r •,"�`�'�,d, •
' • Cero'ied to be a full,true and correct copy of the
t:.
2 rti,.. • original in my cast o' t e ' • LI f rce and g
r'i+ i`C^r�y1� effect as of / 7//P/
/ k� 'Gaulrfi rs. C/ LZ
t Dspu+r`Cic.k of Court
CPC Form 17.Rev.'81.LETTERS
AR2172416 Docamentary Fee
Dc�. 7d% 34.E
B 1226 REC 02172416 03/03/89 12:02 $18.00 1/006
F 0006 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
PERSONAL REPRESENTATIVE'S DEED
THIS DEED, is made by Keith L. Olson and Kenneth J. Olson as
Co-Personal Representatives of the Estate of Lee Ervin Olson,
a/k/a/ Ervin Olson and as Lee E. Olson and as Erwin Olson,
deceased, and as Co-Personal Representatives of the Estate of
Florence M. Olson, a/k/a/ Florence Marie Olson, deceased,
Grantors, to Edward E. Hodges and Eleonore I. Hodges, Grantees
whose legal address is 10759 Weld County Road 7, Longmont,
Colorado 80501.
WHEREAS, the above-named decedent Lee Ervin Olson, in his
lifetime made and executed his Last Will and Testament dated May
22, 1964, which Will was duly admitted to formal probate on March
13, 1987, by the District Court in and for the County of Weld,
and State of Colorado, Probate No. 84 PR 228;
WHEREAS, the above-named decedent Florence M. Olson, died
intestate on January 27, 1985 and probate of her estate was
commenced on February 11, 1985 in the District Court in and for
the County of Weld, and State of Colorado, Probate No. 85 PR 51;
DP $17.00 WHEREAS, Grantors were duly appointed Co-Personal
Representatives of both said Estates on March 13, 1987, and are
now qualified and acting in said capacity.
NOW, THEREFORE, pursuant to the powers conferred upon
Grantors by the Colorado Probate Code, Grantors do hereby sell,
convey, assign, transfer and set over unto Grantees as tenants in
common for and in consideration of One Hundred Seventy Thousand
and no/100 ($170,000.00) Dollars the real property situate in the
County of Weld, State of Colorado which is more particularly
described on Exhibit A attached hereto and incorporated herein
(the "Land").
Together with five and one-half (5 1/2) shares of the
capital stock of the Godding, Plumb and Dailey Ditch Company.
Together with all mineral rights and any outstanding
interests in any oil and gas leases owned by Grantors which are
on, under or related to the Land (the "Mineral Rights") but
reserving to the Grantors, and their successors and assigns (a)
100% of any present and future royalty or other income derived
from the production on or allocable to the Mineral Rights (the
"Mineral Rights Income") for a period of two (2) years from the
date hereof, and (b) 50% of any such Mineral Rights Income or
the period starting two (2) years from the date hereof and ending
four (4) years from the date hereof, after which time Grantors'
interest in the Mineral Rights and Mineral Rights Income shall
cease in its entirety. For all purposes hereof, (1) the Land
does not include the premises which are the subject of those
certain Agreements regarding Sand and Gravel Mining and
Augmentation Plan (and the underlying lease therefor to Frontier
Materials (the "Underlying Lease") recorded in Book 948 as
Reception No. 1870265 and in Book 1080 as Reception No. 2020346.
Accordingly, the Mineral Rights conveyed hereunder do not include
Grantors' mineral rights in the premises which are the subject of
the Underlying Lease and in Grantors' royalty and other rights as
lessor under the Underlying Lease; and (2) the Mineral Rights
conveyed hereunder as to Grantors' interest as lessor under that
certain Oil and Gas Lease ("Oil and Gas Lease") recorded January
17, 1980 in Book 893 as Reception No. 1814538 (extension of which
lease was claimed by Affidavit of Production recorded July 7,
1982 in Book 971 as Reception No. 1896725), represent an
80/211.82 interest in the 1/8 royalty granted to the lessor under
the Oil and Gas Lease.
B 1226 REC 02172416 03/03/89 12:02 $18.00 2/006
• F 0007 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
/ But excepting and reserving to Grantors, their successors
and assigns, a thirty foot (30 feet) wide access easement located
in the Southeast quarter of Section 17, Township 2 North, Range
68 West of the 6th P.M., which easement is more particularly
described on Exhibit B attached hereto and incorporated herein.
With all appurtenances, subject to covenants, easements and
restrictions of record and subject to those other matters set
forth on Exhibit C attached hereto and incorporated herein.
As used herein, the singular includes the plural and the
masculine gender the feminine and neuter genders as the context
may require.
Executed , 1989.
and � y N
Keith L. Olson Kenneth J. Olsch
a s Co - Personal
Representatives of the
Estate of Lee Ervin
Olson, a/k/a/ Ervin Olson
and as Lee E. Olson and
as Erwin Olson, Deceased,
and as Co-Personal
Representatives of the
Estate of Florence M.
Olson, a/k/a Florence
Marie Olson, Deceased.
STATE OF COLORADO
ss.
COUNTY OF WELD
The foregoing instrument was acknowledged before me in the
County of Weld, State of Colorado this 2nd day of March, 1989,
by Keith L. Olson and Kenneth J. Olson as Co-Personal
Representatives of the Estate of Lee Ervin Olson, a/k/a Ervin
Olson and as Lee E. Olson and as Erwin Olson, Deceased, and as
Co-Personal Representatives of the Estate of Florence M. Olson,
a/k/a Florence Marie Olson, Deceased.
Witness my hand and official seal.
My commission expires: February 26, 1991
`Notazjr Public
,"",'� 1113 10th Ave., Greeley, CO 80631
' hSl' Address
' ''.. OF CC
B 1226 REC 02172416 03/03/89 12:02 $18.00 3/006
F 0008 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
EXHIBIT A
Lard in the State of Colorado, County of Weld. Described as:
A parcel of land located in the South one-half of Section 17,
Township 2 North, Range 68 West of the Sixth Principal Meridian,
being more particularly described as follows:
BEGINNING at the Northwest corner of the East one-half of the
Southwest one-quarter of said Section 17, whence the West
one-quarter corner of said Section 17 bears South 89'53'09" West
1331.52 feet;
thence along the East-West centerline of said Section 17,
North 89'53'09" East 1755.08 feet to a point on the centerline
of the Burlington Northern Railroad Right-of-Way, whence the East
one-quarter corner of said Section 17 bears North 89'53'09" East
2228.78 feet;
thence along said centerline of railroad Bight-of-Way
South 51'27'20" East 607.69 feet to a point on the East bank of
a ditch;
thence along said East bank of ditch the following courses:
South 36'27'36" West 80.04 feet;
South 51'27'20" East 118.67 feet;
South 16'13'46" East 217.84 feet;
South 02'03'37" East 165.50 feet;
South 60'48'22" West 24.38 feet;
South 25'00'19" East 137.19 feet;
South 16'19'31" East 163.73 feet;
South 37'24'43" East 207.88 feet;
South 45'53'05" East 153.01 feet to a point on the East line of
the West one-half of the Southeast one-quarter of said Section
17;
thence leaving said ditch bank and along said East line
South 00'08'35" East 57.70 feet;
thence along a line that is 4.00 feet South of and parallel with
the South line of a certain lateral ditch from the Plumb and Dailey
Ditch the following courses:
North 88'59'39" West 77.66 feet;
North 89'34'55" West 687.08 feet;
South 87'09'18" West 169.64 feet to a point of curve;
thence along the arc of a curve to the left (said curve having
a radius of 453.20 feet, a central angle of 18'37'54" and whose
chord bears South 77'50'21" West 146.72 feet) a distance of 147.37
feet;
South 68'31'24" West 10.54 feet to a point of curve;
thence along the arc of a curve to the right (said curve having
a radius of 492.79 feet, a central angle of 20'51'55" and whose
chord bears South 78'57'21" West 178.47 feet), a distance of 179.46
feet;
South 89'23'19" West 793.06 feet to a point of curve;
thence along the arc of a curve to the right (said curve having
a radius of 195.00 feet, a central angle of 24'54'07" and whose
chord bears North 78'09'37" West 84.09 feet) a distance of 84.75
feet;
North 65'42'34" West 166.33 feet to a point of curve;
thence along the arc of a curve to the right (said curve having
a radius of 530.88 feet, a central angle of 21'29'36" and whose
chord bears North 54'57'46" West 197.98 feet) a distance of 199.15
feet;
North 44'12'58" West 115.24 feet;
thence leaving said lateral, North 89'54'52" West 127.80 feet to
a point on the West line of the East one-half of the Southwest
one-quarter of said Section 17;
thence North 00'04'34" West 1308.06 feet to the POINT OF BEGINNING.
B 1226 .w- 02172416 03/03/89 12:02 $18.0u 4/006
F 0009 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
EXHIBIT B
A 30 foot wide access easement located in the Southeast quarter
of Section 17, Township 2 North, Range 68 West of the Sixth
Principal Meridian, Weld County, Colorado, being more particularly
described as follows:
Beginning at a point on the East-West centerline of said Section
17, whence the East quarter corner thereof bears North 89'53'09"
East 2308.82 feet; thence along the Southerly right-of-way line
of the Burlington Northern Railroad South 51'27'20" East 672.01
feet; thence South 36'27'36• West 30.01 feet; thence North 51'27'20"
West 710.61 feet to a point on the said East-West centerline of
Section 17; thence North 89'53'09" East 48.03 feet to the Point
of Beginning.
• B 1226 REC 02172416 03/03/89 12:02 $18.00 5/006
F 0010 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
EXHIBIT C
1. General taxes for 1989 and subsequent years; Grantor's
interest in the Oil and Gas Lease being conveyed hereunder is
subject to ad valorem, severance and similar tax obligations
as to production after the date hereof.
2. Any liens by reason of the inclusion of the Land in the
Northern Colorado Water Conservancy District, the Longmont
Fire Protection District, the Longmont Soil Conservation
District and any other taxing districts.
3. Right of way for telephone easement 16.5 feet in width on
North line of Land.
4. Right of way for Weld County Road 20i on North line of Land.
5. Existing access road on West line of Land.
6. Rights of way for county roads 30 feet wide on each side of section
and township lines, as established by order of the Board of County
Commissioners for Weld County, recorded October 14, 1889 in Book
86 at Page 273.
7. Right of way for railway in width and in manner as provided by
the Acts of Congress in relation thereto,. as reserved by Denver
Pacific Railway and Telegraph Co. in the Deed recorded May 31,
1883 in Book 25 at Page 59, in -which the specific location of said
right of way is not defined.
(Affects E1/2 SE1/4, NW1/4 531/4, NE1/4 SW1/4 of Section 17)
8. Right of way for the railroad as contained in Decree, recorded
January 20, 1891 in Book 97 at Page 344, being more particularly
described as follows:
A strip of land extending through the W1/2 and the SE1/4 SE1/4
of Section 17, to-wit:
A strip of ground 100 feet-wide, art being 50 feet on each side
of the centerline of the said D.U. & P.R.R. as now located and
staked out over and across said land; said center line beginning
at the East line of Section 17, 861 feet North of the Southeast
corner of said Section 17, and run thence West N38.49'W, 280 feet
to the North line of the S1/2 of said Section 17, at a point 427
feet distant from the Northwest corner of the SE1/4 of said Section
17.
9. Easement and right of way to erect and maintain a snow fence for
the term of 4 months each and every year, conveyed to The Denver
Utah & Pacific Railroad Company by Fred N. Smith and Grace Pearl
Smith, in the instrument recorded June 12, 1901 in Book 183 at
Page 234, affecting the following described property as follows:
A strip of land 100 feet wide, lying 50 feet on each side of a
line beginning at .a point 383 feet North and 320 feet West of the
Southeast corner of the SE1/4 of Section 17, Township 2 North,
Range 68 West, running thence N36•26'E 536 feet, more or less,
to the right of way of The Denver, Utah and Pacific Railroad
Company.
10. Easement and right of way for telephone and telegraph purposes,
granted to The Mountain States Telephone and Telegraph Company,
a Colorado Corporation by Ervin Olson and Florence Olson by
instrument recorded September 2, 1969 in Book 614 at Reception
No. 1536165, in which the specific location of the easement is
not defined.
11. Easement and right of way for telephone and telegraph purposes,
granted to The Mountain States Telephone and Telegraph Company,
a Colorado Corporation by Ervin Olson and Florence Olson by
instrument recorded November 12, 1969 in Book 617 as Reception
No. 1539161, in which the specific location of the easement is
not defined.
B 1226 REC 02172416 03/03/89 12:02 $18.00 6/006
• F 0011 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
12. Oil and gas lease between Lee Ervin Olson and Florence Olson and
Buddy Baker dated January 8, 1980, recorded January 17, 1980 in
Book 893 as Reception No. 1814538, and any interests therein or
rights thereunder.
NOTE: Extension of the above lease as claimed by Affidavit of
Production, pursuant to CRS 38-42-106, by Excel Energy Corp.,
recorded July 7, 1982 in Book 971 as Reception No. 1896725.
13. Right of way for Burlington and Northern Railroad.
14. Right of way for Plumb and Dailey Ditch on South line of
Land.
15. The following notices pursuant to CRS 9-1.5-103 con-
cerning underground facilities have been filed with
the Clerk and Recorder. These statements are general
and do not necessarily give notice of underground
facilities within the subject property.
(a) Mountain Bell Telephone Company, recorded
October 1, 1981 in Book 949 as Reception No. 1B70705.
(b) Colorado Interstate Gas Company, recorded
August 31, 1984 in Book 1041 as Reception No. 1979784.
(c) Associated Natural Gas, Inc., recorded March 3,
1988 in Book 1187 as Reception No. 2132709.
(d) Union Rural Electric Association, Inc., recorded
October 5, 1981 in Book 949 as Reception No. 1871004.
(e) Western Gas Supply Company, recorded April 2, 1965
in Book 1063 as Reception No. 2004300.
(f) Panhandle Eastern Pipe Line Company, recorded
June 26, 1986 in Book 1117 as Reception No. 2058722.
-2-
M ••
AR23d39Z98
O ; RESOLUTION
o
o U
RE: APPROVE ROAD IMPROVEMENTS AND MAINTENANCE AGREEMENT WITH
U FRONTIER' MATERIALS, INC. , AND AUTHORIZE CHAIRMAN TOISIGN
WHEREAS, the Board of County Commissioners of Weld County,
o W
o Colorado, pursuant • to Colorado statute and the Weld County; Home
. Rule- Charter, is ves-ted• with the authority of administering the
o a ' affairs- of Weld County, Colorado, and
4A-41
o •
• WHEREAS, the Board has been presented with a , ; Road
w Improvements and Maintenance Agreement with Frontier Materials,
o a Inc., and
o x , WHEREAS, said Agreement concerns increased truck traffic due
PG w to a •Use by Special Review Permit granted to Stromquist Farms and
• 4 Frontier Materials, Inc. , and
O1 U
Lc) z WHEREAS, after study and review, the Board deems it advisable
o W ' to approve said Agreement, a copy of which is attached hereto and
-4-E1 incorporated herein by reference.
• o 0 NOW, THEREFORE, BE IT RESOLVED by the Board of County
• w Commissioners of Weld County, Colorado, that the Road Improvements
m • and Maintenance Agreement with Frontier Materials, Inc. , be, and
o z hereby is, approved.
N 4
o >4 BE IT FURTHER RESOLVED by the Board that the Chairman be, and
hereby is, authorized to sign said Agreement.
c o The above and foregoing Resolution was, on motion duly made-
• M in and seconded, adopted by the following vote on the 30th day of
'l May, A.D. , 1990.
cu w
• • BOARD F COUNTY COMMISSIONERS
• ATTEST: WELD TY, COLORADO
Weld Counitx Al :e k'and,,Recorder
1 ir• /rte r.1_.
and Clei4V.; a't ice'Board: ene R. Brantner', C airman'
1‘e -T#
George R nedy, Pro-Tem
Deputy County C erk
APPROVED AS TO FORM: ns ance L. a ert
C.W. Kir y
County Attorney �.
Gordon ' ac
7,/,0 77, CC: 5-- Zog7)-_ �/zdtr.�tlit, 900463
COUNTY OF WELD, STATE OF COLORADO
ROAD IMPROVEMENTS AND MAINTENANCE AGREEMENT
cr.) O .
c '1'HLS AGREEMENT, made and entered into this 30th day of
N O May , 1990, by and between the_ COUNTY OF WELD, ,STATE OF
U , COLORADO, hereinafter called "County" and FRONTIER MATERIALS, DIC.,
M hereinafter called "Frontier".
a
oW
a WHEREAS, Frontier has obtained a Use By Special Review Permit for an
o a open-cut gravel pit and asphalt batch plant located in parts of
Sections 20" and 21, Township 2 North, Range 68 West of the 6th Principal
Meridian, and
U
WHEREAS, said gravel pit and asphalt batch plant have generated an
00 C4
increase in.truck traffic, and
.. ca
cn
, e z WHEREAS, the County roads serving the open-cut gravel pit and asphalt
batch plant are not efficiently supporting the increased truck traffic,
rj and
WWHEREAS, the County and Frontier have reviewed proposed paving pf the
,-4 H existing County roads and acknowledge they will enhance the accessibility
and safety of the haul route to the open-cut gravel "pit and asphalt batch
plant,
00
W
W NOW, THEREFORE, in consideration of the mutual covenants and
M Z conditions hereinafter set forth, the County and Frontier mutually agree
Cy ,c4 as follows:
g 1. The designated routes to be paved will be Weld County Road.;5.
gfrom the entrance to the gravel pit and asphalt batch plant, west
and south to the intersection of Weld County, Road 5 and Weld
County Road 18; and Weld County Road 18 from the intersection
`nr-I with Weld County Road 5, south and east to its intersection with
P Weld County Road 7.
2. The improvements will consist of a 4" thick, 24 foot wide hot
bituminous asphalt mat with a 3" aggregate base course andi,4'
aggregate shoulders. Areas where the road is low and drainage is
poor will be elevated with fill material. The curve on Road 18
will be properly shaped and graded.
3. Frontier will furnish the necessary hot bituminous pavement,
base material, ,fill material, equipment and labor to construct
the improvements.
G 0463
Page 2
4. The designated routes to be paved are currently County
maintained roads and will continue to be maintained by Weld
cn O County, subject to the terms and conditions of the' Road
c U Improvements and Maintenance Agreement between the
County and Frontier, dated October 17, 1983, made in conjunction
ri V with Frontier's use by special review permit.
5. The County will reimburse Frontier for the cost of
a the AC-10 liquid asphalt required to manufacture the hot
o x bituminous pavement. The County will clean the drainage
w ditches at locations where improved drainage is necessary.
C4
O' U 6. The County will inspect and replace any culverts that are
a in a deteriorated condition prior to paving.
CR
7. All construction and materials shall be in accordance with
o the• State Department of Highways, Division of Highways,
N a State of Colorado, Standard Specifications for Road and
Bridge Construction.
o H 8. The County will provide testing and inspection for the
H construction.
co
W IN WITNESS WHEREOF, the parties hereto have duly executed the
n w' agreement the day and year first above written.
'o,
oz
FRONTIER MATERIALS, INC. BOARD OF COUNTY COMMISSIONERS
o WELD C , COLORADO , ;
6/
M By: ' ��
in
HGene R. Brantner, hai:.•man
w n
Title: , � ATTEST: 1 1
Weld County,Clerk,a d��,' -„
Recorder arid'
oard
•
:mwfront
900463
I.
• JUN 6 '91 11 : 09 FROM SSR 861 2223 861 0932 PAGE .011
AR2253325 • B 1301 REC 02253325 06/14/91 15:14 25.00 1/005
F 1991 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
•
MEMORANDUM OF SAND AND GRAVEL LEASE
AND OPTION TO PURCHASE
(Strome
STATE OF COLORADO )
)ss.
COUNTY OF Orild` /
THIS MEMORANDUM OF SAND AND GRAVEL LEASE AND OPTION TO
PURCHASE (this "Memorandum") is made and entered into as
of Twr--G- Lp. , 1991, by and among Arthur Sixomguist,•Lucy Stromquist
and Luther Stromquist (collectively, the "Lessor") and Frontier Materials, Inc., a
Colorado corporation(the'Lessee"),
Recitals •
•
A. Stromquist Farms, a Colorado generalpartnership' ("Stromquist Farms") and
Lessee enitered into that certain Lease dated February 27, 1982, as amended by that
certain Amendment and Supplemental Agreement to Stromquist Farms - Frontier
Materials, Inc. Sand. and Gravel Lease dated August 2, 1985, that certain Amendment
and Supplemental Agreement to Stromquist Farms-Frontier Materials,Inc. Sand and
Gravel Lease dated July 15, 1986,and that certain Third Amendment and Supplemental
Agreement to Stromquist Farms-Frontier Materials,Inc.Sand and Gravel Lease dated
August 2, 1989 (collectively, the "Lease"), whereby Stromquist Farms leased to Lessee,
and Lessee leased from Stromquist Farms, that certain real property and improvements
situated thereon in Weld County, Colorado and being more particularly described on
Exhibit A attached hereto and made a part hereof for all purposes(the"Property").
B. Stromquist Farms'interest in the Property and the Lease has been assigned to
Lessor.
C. Pursuant to that certain Purchase Agreement by and among Lessee, Frontier
Ready Mix Concrete, Inc. and Frontier Sand and Gravel, Inc., each of which is a
separate Colorado corporation, Western Mobile Boulder, Inc., a Delaware corporation,
and Mineral Reserves, Inc., a Colorado corporation, and joined in by Henry Braly and
Richard A. DeManche, Lessee has assigned its interest in the Lease to Mineral Reserves,
Inc. ("Assignee").
D. Lessor and Lessee each desire to execute this Memorandum and file it of
record in the-county hi.which the Property is situated in order to provide notice of the
Lease and the above-referenced assignment.
NOW, THEREFORE, for and in consideration of Ten and No/100 Dollars ($10.00)
and other good and valuable consideration, the receipt and sufficiency of which are
hereby acknowledged,Lessor and Lessee do hereby agree as follows:
1. Lessor does hereby affirm that Stromquist Farms has demised and leased
unto Lessee and Lessor, as successor in interest to Stromquist Farms, and does hereby
demise and lease unto Lessee the Property, to have and to hold the same with all
appurtenances unto Lessee in accordance with the terms and provisions of the Lease,
briefly described as follows:
. JUN 6 ' 91 11 : 09 FROM aaR 861 2223 861 0632 PAGE . 012
B 1301 REC 02253325 06/14/91 15:14 X25.00 2/005
F 1992 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
a. Lessor: Arthur Stromquist, Lucy Stromquist and Luther
Stromquist,successors in interest to Stromquist Farms
b. Leg: Frontier Materials,Inc.,a Colorado corporation
c. Assignee: Mineral Reserves,Inc-,a Colorado corporation
d. luau Commencing February 27, 1982 and continuing until
all commercial sand and gravel has been removed
from the Property or on the 15th anniversary of the
issuance of all necessary mining permits by Weld
County and the State of Colorado, whichever occurs
first,at which time the Lease shall terminate.
e. amiss*: The Property
f. Option to
Purchase: Lessee has the option to purchase the Property upon
the terms and conditions set forth In the Lease.
2. In the event of any inconsistency between this Memorandum and the Lease,
the terms of the Lease shall control.
LR:
Arthur Stromquist
L cy S omquist
uther Stromquist�
LESSEE:
FRONTIER MATERIALS,INC.,
a Color o corporati
By: •
Name:
Title: 7-
-2
•
JUN 6 ' 91 11 : 10 FROM SSR 861 2223 861 0632 PRGE.013
B 1301 REC 02253325 06/14/91 15:14 X25.00 3/005
F 1993 MARY ANN FEUERSTETN CLERK & RECORDER WELD CO, CO
STATE OF COLORADO )
:./-i ''L )ss.
CO OFp
T ' foregoing instrument was acknowledged before me this ���1 day
of .// 1991,by Arthur Stromquist.
7itnes my hand and official seal.
•
Ivy coirinti lion expires: Z '---
, • f,•
No blic ✓' //��
• ,• • Business Address:
STATE OF COLORADO )
ss.
CO M?' )
The' foregoing instrument was acknowledged before me this day
of /�li�-rte- ,1991, by Lucy Stromquist.
Witness my hand and official seal
l• M!y commission expires: g4-4;
�--
• 'I ;j\ \) •
�
Notary_' blic = � �
Business Addr .
STATE OF.COLORADO
)ss.
CO OF ` /./4"( )
The foregoing instrument was acknowledged before me this day
of 1991,by Luther Stromquist.
/Witness my hand and official seal.
My'coFnn7ission expires:
.• taryFu
'. Business Addaress:
-3 '•
• JUN 6 'Si 11 : 10 FROM SSR esi 2223 861 0632 PAGE . 014
B 1301 REC 02253325 06/14/91 15:14 X25.00 4/005
F 1994 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
STATE OF COLORADO )
)ss.
COUNTY OF 2)‘1h USG'
The foregoing instrument was acknowled,ged before me this 1p day
of�lw hP • 1991, by fc.i . fv -tch(' -i
as /1- S/deli of Frontier Materials,Inc.,a Colorado corporation.
Witness my hand and official seal.
My commission expires: My Commission expires 8/14/93
'• •• N ubiic
./,; • Business Ad .
SHAW SPANGLER & ROTH
1700 BROADWAY SUITE 1400
DENVER,CO 80290
•
•
•
•
• 23929001-1052
-4.
JUN 6 ' 91 11 : 11 FROM SSR 861 2223 861 0692 PP62.015
B 1301 REC 02253325 06/14/91 15:14 25.00 5/005
F 1995 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
EXHIBIT"A"
Description of the Property
TOWNSHTF 2 NORTH GE6 :
Section 21: That part of the Southwest Quarter Northeast Quarter
lying West of County Road 5;
The South Half Northwest Quarter;
The North Half Southwest Quarter except that tract conveyed to
the Great Western Sugar Company by Deed recorded in Book 429,
Page 583,Weld County records;
The South Half Southwest Quarter except that part lying West of
County Road 5 which runs in a Northeasterly Southwesterly
direction and parallel to the railroad; and except that tract
conveyed to School District No. RE-1J in Deed recorded in Book
553 as Reception No.1474774.
p,22:. The Southeast Quarter Northeast Quarter;
The Northeast Quarter Southeast Quarter.
TOGETHER WITH (for purposc3 of the right of first refusal
contained in said Lease) the following ditch and water rights
appertaining to said premises:
An undivided 3/8ths interest in and to The Delehant Ditch,
together with its decrees, rights of way, structures and
appurtenances;
An undivided 1/4th interest in and to The Carr and Tyler Ditch,
together with its decrees, rights of way, structures and
appurtenances;
• One share of the capital stock of The Godding Ditch Company;
Fifty units of Colorado Big Thompson project water as allocated to
the premises by the Northern Colorado Water Conservancy
District;and
One existing water tap of The Left Hand Water Association.
•
Z3929001-1052(4)
-INC-
PIPELINE CONSTRUCTION SPECIALISTS"
July 7, 2000 } 2
Ted Cox 1767 County Rd 20 ''A 1/1
Longmont, CO 80505 .z
Re: Common Drive/Duties, Maintenance
Lear vir. Cox:
This letter is written at the request of Tom Schell. Mr. Schell asked that I review
the law in Colorado regarding shared easements and how it would apply to the
common drive/right-of-way easement, which is currently shared by yourself, Jesse
Thomas, and Mr. Schell.
In Colorado, as well as in other states, the parcels of land subject to an easement
are called"estates". The estate's/owners of any land subject to an easement/right-
of-way may use that land for any lawfu purpose as long as it does not interfere with
the right of passage of the other easement owner(s). See Schold vs. Sawyer, 994P.2d
683(Colo.App. 1997): construction of cattle guards and gates in driveway over which
others had a right-of way may be interference with the use of the easement; also
Pickens vs. Kemper, 847 P.2d 648 (Colo. App. 1993): erection of a fence on land
adjacent to right-of-way ruled an obstruction to free passage over the roadway.
The law is clear that everyone who uses the easement has an equal right to use it
and further they have a duty not to interfere with, or unreasonably obstruct travel
over the right of way;this would include in the present case, the duty not to over
irrigate so as to flood the roadway there by"obstructing free passage"to the Schell
an ___omas property.
The law is also clear on maintenance of an easement/common right-of-way. In
Colorado absent any agreement between the parties, "the burden of upkeep should
be distributed between the dominant and servient tenements in proportion to relative
use of the road." See Bernard Vs. Gaumer, 361 P.2d 778 (Colo. 1961). It is my
understanding that to date Mr. Schell has been maintaining the road at no expense to
either yourself or Mr. Thomas. Mr. Schell would be well within his rights to request
01"
compensation for the continued maintenance of the road.
1-877-TWINPKS • Office 303-665-8785 • Fax 303-665-8979
APSV
1500 Overlook Drive • Lafayette, CO 80026 • www.twinpks.com
The purpose of this letter is to clarify for everyone the rights of the three property
owners to use the common right-of-way, the duty of each owner not to obstruct"free
passage" and, the shared duty to contribute to the maintenance of the right-of-way.
Hopefully this letter will initiate more cooperation between all the property owners
as well as more consistent communication regarding use and maintenance of the
road.
Should you have any questions please feel free to contact me at the number below.
Very truly yours,
c
v
Kathy Hix
General Counsel Twin Peaks Excavating Inc.
WELLS, LOVE & SCOBY, LLC
aarnr6 4 at�iz u
226 CANYON BOULEVARD
BOULDER,COLORADO 80302
TELEPHONE 303/449-4400
WILLIAM A.LOVE TELECOPIER 303/448-8227 DAVID C.WELLS, OF COUNSEL
CRAIG N.BLOCKWICK TERRY W.SCOBY,OF COUNSEL
EDWARD L.SERR
GLEN A.KRAHENBUHL
RICHARD F.GREENLEAF
KEWE GRONSKI
July 17, 2001 ,� v
Sent Via First Class Mail ��, / 17,A45
�
Ted Cox
3036, s P76s
1767 WCR 20%Z
Longmont, CO 80504
Re: Potential Easement Violation
Dear Mr. Cox:
This firm represents Tom Schell. A recorded access easement for ingress and egress exists
across your property for the use and benefit of Mr. Schell. This easement is recorded in the real
property records of the Weld County Clerk and Recorder by recorded plat at Reception No.
02221122, dated July 25, 1990.
It has come to our attention that you are presently building or planning to construct a new
road across your property. While you may be within your rights to construct a second road,you may
not take any action which in any way adversely impacts, alters, modifies or infringes upon Mr.
Schell's use of the existing access easement.
This letter constitutes formal notice that you may not take any action to block, destroy, re-
locate or otherwise adversely impact the access easement across your property. If you attempt to do
so, we have been authorized by Mr. Schell to immediately initiate legal action against you for
injunctive relief preventing such action and to recover any damages caused by your illegal conduct.
Sincerely,
421.6...)._) &at,/
orP Kellie Gronski,
of WELLS, LOVE& SCOBY, LLC
KG:hek
cc: Tom Schell �
iC-O
J �
WELLS, LOVE & SCOBY, LLC
,S to a ya atclaw
225 CANYON BOULEVARD
BOULDER,COLORADO 50302
TELEPHONE 303/445-4400
WILLIAM A.LOVE TELECOPIER 305/44D-45227 DAVID C.WELLS,OF COUNSEL
CRAIG N.BLOCKWICK TERRY W.SCOBY, OF COUNSEL
EDWARD L.SERR
GLEN A.KRAHENBUHL
RICHARD F.GREENLEAF
KEWE GRONSKI
August 6, 2001
Sent Via First Class Mail
Ted Cox
1767 WCR 20%2
Longmont, CO 80504
Re: Potential Easement Violation
Dear Mr. Cox:
As you know, our firm represents Mr. Tom Schell. As a follow-up to our recent telephone
conversation,it remains Mr. Schell's position that you may not take any action to block, destroy,re-
locate or otherwise adversely impact Mr. Schell's access easement as it currently exists across your
property. As stated in a previous letter from our firm,if you take any steps to adversely impact the
access easement,we will immediately initiate legal action against you for both injunctive relief and
for any damages caused by your illegal conduct. Please contact me if you have any questions
regarding this matter.
Sincerely,
"IlLitx_ ltisp4. ‘—
Kellie Gronski,
of WELLS, LOVE & SCOBY, LLC
KG:hek
fc: Tom Schell
•
rile 6
DEPARTMENT OF PLANNING SERVICES
1555 N. 17th AVENUE
GREELEY, COLORADO 80631
I'DWEBSITE: www.co.weld.co.us
E-mail address: kogle@CO.Weld.CO.US
O PHONE (970) 353-6100, EXT. 3540
•
FAX (970)304-6498
COLORADO
April 17, 2003
Sharyn Frazer
LANDPROfessionals, LLC
833 Highway 66, Suite 4
Longmont, CO 80504
Subject: Schell Recorded Exemption 3514
Dear Sharyn:
The Department of Planning Services has amended item 4.C in the Administrative Review
comments to state:
A 30 foot wide joint access and utility easement extending across Lot A from
Weld County Road 20.5, for the benefit of Lots A and B, shall be shown clearly
on the plat. The joint easement shall be dedicated for the use as shown using
the language set forth in the Weld County Code, Appendix 24-F.E. The
easement shall be graded and drained to provide all weather access.
r
,,"A recorded copy of any agreement signed by all of the owners of the property
cn
crossed by the access. The access shall be for ingress and egress and shall be
referenced on the plat by the Weld County Clerk and Recorders reception
umber.
This latter part of the note was inadvertently not included in staff comments.
Should you have any questions or need further information, I may be reached at the above
address, telephone number or e-mail address.
Sincerely,
Kim Ogle _
Planner III
File:RE-3514
/o /�<�
3. Topographic or physical features of the proposed Lot A, 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.
4. Prior to recording the plat:
A. The plat shall be titled: Recorded Exemption No. 1313-17-1 RE-3514.
B. Lot A and Lot B shall use the existing access point as no additional accesses shall be granted.
C. A 30 foot wide joint access and utility easement extending across LotAfrom Weld County Road
20.5,for the benefit of Lots A and B,shall be shown clearly on the plat.The joint easement shall
be dedicated for the use as shown using the language set forth in the Weld County Code,
Appendix 24-F.E. The easement shall be graded and drained to provide all weather access.
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. WCR 20.5 is designated on the 1-25 Mixed use Development Area Structural Plan May 2.2,
Structural Transportation Network as a four-lane undivided secondary road, which requires
a 100-foot right-of-way at full build out. There is presently a 60-foot right-of-way. A total of fifty
feet from the centerline of Weld County Road 20.5 shall be delineated right-of-way on the plat.
This road is maintained by Weld County.
F. The applicant shall attempt to address the requirements (concerns) of St. Vrain sanitation
District, as stated in the referral response received February 18,2003. Evidence of such shall
be submitted in writing to the Weld County Department of Planning Services.
G. The applicant shall address the requirements of Weld County School District RE-1J as stated
in the referral response received March 12,2003. Evidence of such shall be submitted in writing
to the Weld County Department of Planning Services.
H. All vehicles located on the property must be operational with current license plates, or be
screened from all adjacent properties and public rights of way,or be removed from the property.
All other items considered to be part of a noncommercial junkyard must also be removed from
the property or screened from adjacent properties and public rights-of-way.
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, H, I, M and R in Table 3-A of the 1997 Uniform Building Code,shall be constructed
within a 200-foot radius of any tank battery or within a 150-foot radius of any wellhead.
•
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Registration Form: Directors & OficersTraining
Name
Company
Address ,
City State Zip Phone
Email '
0 Check here to receive confirmation and announcements by email(our preference)
Mail this form and payment to: •
DARCA 0 Non-Member Fee $150
4307 Highway 66 0 Member Fee $100
Longmont, CO 80504
October 24, 2002
J�
wrudnik@blecrw.com
blglcnucom
Mr. Kenneth Schell l ' ab
833 Highway 52 iI1(o
Eric, CO 80516
RE: Plumb and Dailey Ditch
Dear Mr. Schell:
Our firm represents the Plumb and Dailey Ditch Company("Ditch Company"). The Ditch
Company owns the Plumb and Dailey Ditch, and it owns rights in a lateral ditch("Ditch"),
which crosses your property, for the purpose of delivering overflow water to Boulder
Creek. It is our understanding that Ted Cox, who purchased Ditch Company stock from
Jess Thomas, also has rights to the Ditch for the purpose of delivering Plumb & Dailey
Ditch water to his property. By state law, the Ditch Company and Ted Cox own an
casement for the operation and maintenance of the Ditch. The Ditch may not be altered
without the permission of both the Ditch Company and Ted Cox.
The Ditch Company understands that you intend to install a culvert in the Ditch in order to
enlarge the driveway over the Ditch. Before you alter or modify the Ditch in any way, you
must first obtain the written permission of the Ditch Company and Ted Cox. If you and
the Ditch Company fail to reach an agreement, then you must obtain permission from the
District Court in the form of a declaratory judgment to alter or modify the Ditch. See
Roaring Fork Club, L.P. v. St. Jude's Company, 36 I'.3d 1229, 1234 (Colo. 2001). If
you alter or modify the Ditch without the permission of the Ditch Company and Ted Cox
or the District Court, then you will have trespassed upon the Ditch Company's casement.
Please contact Les Williams(303-772-4060) to discuss your plans for modifying the Ditch
and entering into an agreement with the Ditch Company. If you proceed to alter the Ditch
without obtaining the permission of the Ditch Company, I will recommend that the Ditch
Company pursue legal action to address the trespass.
Please call if wish to discuss this matter further.
Sincerely,
BERNARD, LYONS, CADDIS & KAHN,
a Professional Corporation
By
Wendy S. Rudnik
THE PREMIER BUILDING NEIL E.PI i ER
SCHEY PILLER
f f 825 DELAWARE AVENUE,SUITE P-300 DONALD H.ALSPAUGH
ALSPAUGH & POST OFFICE BOX 267 PHILLIP S.WONG
LONGMONT,COLORADO 80502-0267 JAMES H.NELSON
WONG P.C. TELEPHONE(303)776-3511
JACOB S.SCHEY(1881-1963)
FAX(303)772-2297 THEODORE D.SCHEY,JR.(1912-1996)
ATTORNEYS AT LAW
August 13, 2001
Ms . Kellie Gronski CLIENT'S COPY
Attorney At Law
225 Canyon Blvd.
Boulder, Colorado 80302
Re: Ted Cox-Tom Schell
Dear Ms . Gronski :
I represent Ted Cox. He provided me with a copy of your
letter dated August 6., 2001, regarding the dirt road easement which
Mr. Schell uses that crosses a portion of Mr. Cox' property. Mr.
Cox does not want to violate any easement agreements . However, he
would like to obtain the consents of Mr. Schell and the other
property owner to the north for the relocation of the access
easement. In this regard, Mr. Cox proposes to construct a new
easement which would move the road to the east and provide the
point of access to Mr. Schell' s property north of where he
currently enters onto his property. Mr. Cox would obtain a survey
for any new road, construct the new road so it is similar in
quality to the existing road, and obtain any governmental
approvals .
If Mr. Schell is amenable to exploring this proposal , I ask
that you contact me and arrange a meeting of land owners . I will
await your response.
Sincerely,
V\_,,L1
\I\I
Phillip S . Wong
C:\wpdocs\realest\Cox-Schell-Atty.ltr.wpd
09/10/2002 13:12 FAX 970 346 852A TRANSNATI0N TITLE 11005
. S 1226 REL. v4172416 03/03/69 12:02 $26.00 4/006
F 0005 XARY ANN FE[TERSTEID CLERIC s RECORDER WELD CO, CO
EXHIBIT
A 30 foot wide aceea8 easement located in the Southeast quarter
of Section 17, Township 2 Worth, Bangs 66 West of the Sixth
Principal Meridian, Weld County, Colorado, being more particularly
described as follows;
Beginning at a point on 13e East-Neat centerline of said Section
17, whence the Bast quarts= corner thereof board North 69'53'08.
Rant 2308.82 feet; tbease along the nonthar11, right-of-way line
of the Burlington laortbern Railroad Soh 51 27'20• East 672.01
feet; thence South 36'27'36• West 30.01 feet; thence north 51'27,2*■
West 710.61 feet to a point on the said Fast-Wort centerline of
section 17; thence North 89'53'09• East 48.03 feet to the Point
of Beginning.
April 28, 2005
Mark and Susan Hannon
1558 WCR 20.5
Longmont, CO 80504
Dear Mark and Susan,
I received your letter of response about the access easement. I think it is
important to note that I am not changing the easement as it is described in
my property deed. I am simply making changes to the road within the
easement in order to have easier access to my property. I feel that it is
important to complete this before you sell the lot since the current placement
of the fencing interferes with the access easement. I would like to avoid any
misunderstandings with the new owners about the location of the easement.
I understand that the cost of removing the fences, gates, and trees would be a
burden to you. I am willing to do this work myself. I am also willing to
replace the broken culvert on WCR 20.5. However, I am not willing to take
care of the water meter pit. You will need to take care of this with Left
Hand Water at your expense. I feel that this should be your responsibility
because it interferes with the legal access to my property and should never
have been put in this location to begin with.
As I stated earlier, I intend to begin work on May 2, 2005.
Sincerely,
`Je,P
y Schell
April 25, 2005
Kenneth Schell
1500 Overlook Drive
Lafayette, Co 80026
Dear Kenny,
We received your letter concerning your intention to move forward with the changes to the
access easement. Since it is our desire not to change the road, we are assuming that none
of the costs you incur will be passed on to us.
Left Hand Water requires a written permission from the owner of the water meter to move it.
They will do the move, we assume at your expense, as soon as we give them permission.
We do request that you dispose of all fencing, gates, and trees since it would be quite a
burden for us. We also ask that you insure that our boundary pins are not removed or
covered, and that the road drainage and aprons fall within the 30 ft. easement boundaries.
If you are agreeable to these terms we will ask your written approval and we will notify Left
Hand Water.
Sincerely,
Mark and Susan Hannon
1558 WCR 20.5
Longmont, Co 80504
303-774-8527 (cell: 303-946-6865)
April 22, 2005
Mark Hannon
1558 WCR 20.5
Longmont, CO 80504
Dear Mark,
I am writing this letter to bring your attention to some problems with the
thirty-foot access easement that I have that goes through your property. As
you are aware, we have been in discussions about the easement for the last
year and a half. Since we have not been able to reach an agreement, I have
decided to leave the easement where it is now. However, in order to have
full access to my property via the easement it will be necessary for you to
remove the fence, tree, and the water pit meter that are currently in the way.
I am requesting a response from you by Monday, May 2, 2005. If I have not
heard from you by that date, then I will proceed with the work myself. I can
be reached at the address and telephone numbers below.
Sincerely,
Kenneth Schell
1500 Overlook Drive rf
Lafayette, CO 80026
303-665-8785 —office
303-589-2030 —cell
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