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Home My WebLink About820788.tiff AR1666369 B 0963 REC- v1 886389 03/23/82 10 : 05 $0.00 1 /002 MARY ANN FE::UER.STEIN, CLERK & RECORDER, WEI...D COUNTY, CO RESOLUTION RE: APPROVAL OF SUBDIVISION EXEMPTION NO. 152 - A.D. KURTZ/PSF ASSOCIATES WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board of County Commissioners has reviewed the request of A.D. Kurtz/PSF Associates for an exemption from the definitions of "subdivision" and "subdivided land" in Section 30-28-101 (10) (d) , CRS 1973, as amended, and Section 2-1 A. (3) of the Weld County Subdivision Regulations, and WHEREAS, the Board of County Commissioners finds that A. D. Kurtz/PST Associates is the owner of certain parcels of land located in part of the NWa NWa, Section 29, T3N, R67W of the 6th P.M. , Weld County, Colorado, being more particularly described as follows : Parcel "A" A parcel of land located in the Northwest one-quarter of the Northwest one-quarter of Section 29, T3N, R67W of the 6th P.M. , Weld County, Colorado, being more particu- larly described as follows : Beginning at a point on the west line of the Northwest one-quarter of said Section 29 , whence the Northwest corner bears North 00°09' 33" East 40. 00 feet; thence along the South right-of-way line of State Highway Number 66 (recorded in Book 1490 at page 283) South 89°16 ' 24" East 330. 60 feet; thence South 00°27 ' 02" West 968. 23 feet; thence North 88°57 ' 19" West 325. 70 feet to a point on the west line of the Northwest one-quarter of said Section 29; thence along said line North 00°09' 33" East 966. 46 feet to the point of beginning containing 7 . 287 acres more or less. Parcel "B" The West 990 feet of the Northwest one-quarter of the Northwest one-quarter of Section 29, T3N, R67W of the 6th P.M. , Weld County, Colorado, except the North 40 feet thereof as conveyed to the Department of Highways , State of Colorado, recorded in Book 1490, at page 283, and except Parcel "A" as described above. 820788 .. B 0963 REC 01 886389 03/23/8 10 : 05 $0.00 ?I()C.): MARY ANN EEUERSTEI.N, CLERK & RECORDER, WELD COUN'T'Y, CO - . NOW, THERFORE, BE IT RESOLVED by the Board of County Com- missioners that the above described parcels be, and hereby are, declared to be exempt from the definitions of "subdivision" and "subdivided land" as set forth in Section 30-28-101 (10) (d) , CRS 1973, as amended, and Section 2-1 A. (3) of the Weld County Sub- division Regulations, and BE IT FURTHER RESOLVED by the Board that the resulting par- cel of land as described above be, and hereby is, considered to be a single lot. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 17th day of March, A.D. , 1982. �yy� �J BOARD OF COUNTY COMMISSIONERS ATTEST : _ T WELD COUNTY, COLORADO County Clerk and Recorders and Clerk to th Bob 4ohn T. Martin, Chairman B : : k(I • -f' (ABSENT) D,puty 'ou t erk Chuck Carlson, Pro-Tem Oar . C APPROVED>>AS TO FORM: Norman Carlson County Attorney ,C:_W. Kirby ( ne K. Steinmark DATE PRESENTED: 3/22/82 0 • ROCKY MOUNTAIN CONSULTANTS • INC • PLOT PLAAl As.w. CM. Sec. 79 • 5 d9'/L' 14'E STATE R. DI, W. _ * , 37a.(4 . \ S. T3N, I' / N N / / `�V I PRRCG1 •L �P w � THE C. 330' rt THe THE /y,w. %r P° W. 5,0' of 7HE OF THE N.W. I,44 4, m I iv.Wi fr.. my/. S4 ex cis fir ma/11 a/ ciii 3ook (14 W. '5o ' • • / kA I Rec. R /545$/3\ �j OOK 6/Z r0 4 N. a * Rec. w /53364y Z4 ti r / Y Q ki C' I \ r O V b I `t # Q t\ N .p \ %..i 0 o 1, h o ic .0- / Ni 315.70' \N dd' 57'/9' W \ THE W. (LO. .f ME x/.w. ✓.- PC rite N.W.N.W. -1/4 o of see. Z$ \ /Y \ Cook 63/ Rec, i /SSZ( 3$ p olt LEGAL DESCRIPTION PARCEL "A" dafrill5lt A parcel of land located in the Northwest one-quarter of the Northwest one-quarter of Section 2 T3N, R67W of the 6th P.M. , Weld County, Colorado, being more particularly described as follows : Beginning at a point on the west line of the Northwest one-quarter of said Section 29, whence the Northwest corner bears North 00° 09' 33" East 40.00 feet; thence along the South right-of- way line of State Highway Number 66 (recorded in Book 1490 at page 283) South 89° 16' 24" East 330.60 feet; thence South 00° 27 ' 02" West 968.23 feet; thence North 88° 57' 19" West 325.70 feet to a point on the west line of the Northwest one-quarter of said Section 29; thence along said line North 00° 09' 33" East 966.46 feet to the point of beginning containing 7.287 acres more or less. LEGAL DESCRIPTION PARCEL "B" The West 990 feet of the Northwest one-quarter of the Northwest one-quarter of Section 29, T3N, R67W of the 6th P.M. , Weld County, Colorado, except the North 40 feet thereof as conveyed to the Department of Highways, State of Colorado, recorded in Book 1490, at page 283, and except Parcel "A" as describeA above. ..�••�.. ROCKY OUNTAIN CONSULTANTS, �Q4 • Ap 61ST 'a; /';-)-1/4.44/e/la -13446 '* Ronald W. Adams, R. L.S. � Longmont Office: Denver Office: *) t 500 Coffman St., Suite 107 4260 East Evans Avenue, Suite 7 1F Longmont, Colorado 80501 Denver, Colorado 80222 Effirktrtt 8051; (303) 772-5282 (303) 665-6283 (Metro) (303) 7584532 t (303) 58 1 etro) 825-8: FLOW SHEET • c,E /; SE /S)-. COUNTY COMMISSIONERS MEETING DATE: 3 / 74-7__ Z APPLICANT: A.17, Kkrfz•/psF pffoc, 1 a p,,-/veifI 7) REQUEST: $U�,JtvA,o,. eXef1,o,-._ !� LEGAL: N1j,-/ r1wy Sec• ZS 7-3 h/ ,02- / G✓ LOCATION: II m. ICS uer D-f--- P/ lie_ DATE BY Application Received 2. 25--e2-- • Application Complete 2.2fr-L_ Sign Given to Applicant N,A g Sign To Be Posted By: N.A. 2.2 tZ- /fq Letter to Applicant Drafted ✓/Q 2_,2-.5"-S---2-- O Referrals Listed z.2S.J-Z OH Air Photo and Maps Prepared a akc›.- Soils Map Prepared 1 -re.1.9,,.g‘D-- \`n File Assembled n _(27, - c - Letter to Applicant Mailed ,_2.,v4-'o.2-2 N Referrals Mailed a -02(o_ ,P=V-/ Chaindexed cz .F.-.6.2-61'.2, cC i Prop. & Mineral Owners Notified By: N Fr 5.,. - 44- Field Check By DPS Staff SP 'aer-g-f1ie -66 F, C C 7 /(.E Z- f- 1-DPS Recommendation Drafted 2./2--1-2- Gall • DPS Recommendation Typed 3 . 15-- L Pi Packets Xeroxed 7 ( t,y Z if-4- CC Action: ,(rt,9 3.16-VL M ` _ Plat and/or Resolution Recorded 3/23 f oZ C�A1� 10 Pc12— History Card Completed 3/Z5 Q�� Recorded on Maps and/or Filed 1•34 -3/2.5 15 Z-- C.ArG__. TO: Board of County Commissioners Date March 17, 1982 Subdivision Exemption it 152 Applicant A.D. Kurtz/ PSF Associates Legal Description of Property: Nw1/4 NWT, Section 29, T3N, R67W of the 6th p.m. , Weld County, Colorado. Location of Property: 4 miles west of the town of Platteville The owners of the property described above have requested an exemption from Section 2-1 of the Weld County Subdivision Regulations adopted August 30, 1972. The Department of Planning Services staff has reviewed this request and recommends that the request be approved for the followings reasons: DOES DOES NOT xx Fall in flood plain or a geologic hazard area xx Agree with the Weld County Comprehensive Plan Create new parcels elgible for building permits xx Agree with surrounding land uses xx =MOTS: Approval of this request will make parcel "A" a legal parcel. The Department of Planning Services staff has received no objections to this request. /( zi Lt Rod Allison, Current Planner RA:rg 801-80-340 APPLICATION FOR SUBDIVISION EXEMPTION PHONE: 356-4000 Ext. 400 Department of Planning Services, 915 10th Street, Greeley, Colorado 80631 FOR PLANNING DEPARTMENT USE ONLY: CASE NO. SE /b )— APPL. FEE 3 ZONING DISTRICT f\gnrw RECEIPT NO. 11111 DATE F APPL. CHECKED BY r4q- TO BE COMPLETED BY APPLICANT: (Print or type only except for required signatures) : I (we) , the undersigned hereby request that the following described property be exempted from the definition of the terms "subdivision" or "subdivided land" in accordance with Section 2-1 A. (3) of the Weld County Subdivision Regulations by the Weld County Board of County Commissioners. LEGAL DESCRIPTION: NANW4 Section 29 T 3 N, R 67 W Parcel "A" and "arcel "B" as described on Plot Plan attached as Exhibit A hereto and incorporated herein. Has this property been divided from or had divided from it any other property since August 30, 1972? Yes No x FEE OWNERS OF PROPERTY: Name: Albert D. Kurtz (Parcel "A") Address: 13634 Road 17, Platteville, CO 80651 Phone 535-4416 — — Name: PSF Associates (Parcel "B") Address: P.O. Box 1 Twin Falls Idaho 83301 Phone 120T7-Sill-: 147 8 6 Name: ---_.-._ _-- Address: — Phone Total acreage of the total property involved: 30 acres Existing land use of the total property involved: Agricultural - feedlot Existing land use of the adjacent properties: North: Agricultural - farming_South: Agricultural - farming/feedlot East: Agricultural - farming/ West: Agricultural - feedlot feedlot I hereby depose and state under the penalties of perjury that all statements, proposals, and/or plans submitted with or contained within this application are true and correct to the best of my knowledge. STATE OF COLORADO ) AAA PSF ASSOCIATE O COUNTY OF WELD n�ct ', evC2� b A,t_it- -A--- BY -9-- bert DL Kurtz Sign to e: Owner or ! thorized Agent Mtn") Subscribed and sworn to before me this 24th day of February , 1982 SEAL �> q / (�1 ra ('tiZ 7//`�l�vv ` notary p blic z -.z0 —Pi �s t2 "_ �` My Commission expires: �yu /.2,-) XO1 e,' A' POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS : That PSF Associates , a General Partnership doing business in Weld County Colorado reposing special trust and confidence in John Blaye of Twin Falls County Idaho , has made , constituted and appointed and by these presents do make, constitute and appoint John Blaye as its attorney in fact . John Blaye shall have the authority to act on behalf of PSF Associates in connection with real estate owned by PSF Associates in Section 29, Township 3N , Range 67W of the 6th P .M. in Weld County Colorado . John Blaye is specifically authorized to apply for subdivision exemptions , waivers , building permits or any other licenses , permits , and exemptions before any governmental bodies within the State of Colorado. This power is general and broad. The only restriction is that John Blaye may not transfer , sell , mortgage or encumber the real property . This Power of Attorney expires June 30, 1982 . IN WITNESS WHEREOF I have signed this Power of Attorney on behalf of PSF Associates , a General Partnership , this 22nd day of February , 1982 . PSF ASSOCIATES .M. F ANK A General Partner STATE OF IDAHO ) ss. County of Twin Falls ) The foregoing Power of Attorney was acknowledged before me by S . M. FRANK, a General Partner of PSF Associates , a General Partner- ship, this 22nd day of February , 1982 . cr a f. J Notary Public for State of Idaho Residing in Twin Falls , Idaho February 25, 1982 Board of County Commissions Weld County, Colorado 915 10th Street Centennial Building Greeley, Colorado 80631 Dear Commissioners: This letter is to confirm that Albert D. Kurtz/PSF Associates, a partner- ship realize that they have an illegal parcel on the property described as the NWT NWT, Section 29, T3N, R67W of the 6th P.M. , Weld County, Colorado and are not entitled to a building permit until such parcel is determined legal by the Weld County Board of County Commissioners. If allowed to proceed with construction of a dairy barn, it would be at A. D. Kurtz/PSF Associates own risk and they understand that a building permit would not be issued if the above mentioned parcel remains an illegal piece of property. Further, that Kurtz/PSF Associates would be required to remove the constructed dairy barn at their own costs. Knowing in full, the discussed and agreed upon conditions, A. D. Kurtz, PSF Associates,intends to construct a metal dairy barn without a building permit at their own risk. I hereby idemnify and hold harmless Weld County, their agents and employees from all claims I may have or could have for allowing me to proceed at my own risk without issuance of a building permit. Si rel , PSF S0CIATES Owner or authorized agent GRANT, MCCARREN 8e BERNARD WALLACE H. GRANT ATTORNEYS AT LAW HOWARD GRANT 1190619661 WILLIAM J. MCCARREN POST OFFICE BOX 978 JOHN S. HOUGH 11918 19791 DANIEL F. BERNARD S'S NIMBARN STREET LONGMONT (3031 776-9900 MARC R. CARLSON RICHARD N. LYONS LONGMONT, COLORADO 80601 DENVER METRO 13031 571-5506 JOHN J. MCHALE, JR. February 24, 1982 Weld County Department of Planning Services 915 Tenth Street Greeley, Colorado 80631 Re: Application for Subdivision Exemption Albert D. Kurtz/PSF Associates, a Partnership Gentlemen: This letter is submitted in conjunction with and as supporting information for the enclosed Application for Subdivision Exemption being filed by Albert D. Kurtz and PSF Associates, a Partnership, which Application relates to land in the Northwest Quarter Northwest Quarter of Section 29, Township 3 North, Range 67 West of the 6th P.M. , Weld County, Colorado. 1. Description of Request, Its Purpose and Benefits. On January 29, 1982, Albert D. Kurtz sold a tract of land containing approximately 140 acres on which he had for years operated the "Kurtz Feedlot" to PSF Associates, a Part- nership, which anticipates constructing a dairy on the property. The convey- ance to PSF Associates included part, but not all , of the Northwest Quarter Northwest Quarter of Section 29, Township 3 North, Range 67 West of the 6th P.M. The Application is to request that the 7.287 acre portion of the Northwest Quar- ter Northwest Quarter of Section 29, which Mr. Kurtz retained be granted a sub- division exemption. In support of the Application, I would point out that if the exemption is granted, no new parcels will be created. Mr. Kurtz acquired the Northwest Quarter Northwest Quarter of Section 29 in three separate parcels, the descriptions of which are shown on the plot plan which ac- companies the Application. The Application requests that the boundaries of the two Western most parcels (the West 660 feet of the Northwest Quarter Northwest Quarter of Section 29 and the East 330 feet of the West 990 feet of the North- west Quarter Northwest Quarter of Section 29) be revised to coincide with the descriptions of Parcel "A" and Parcel "B" as shown and described on the plot plan. The purpose of the request is to legitimize the parcel described as Parcel "A" which Mr. Kurtz retained and therefore permit him to retain ownership of it. Retention of that parcel is important since there is a reservoir located on it which furnishes water to a sprinkler irrigation system on property North of Highway 66 owned by Mr. Kurtz. As mentioned above, the exemption would not 4' Weld County Department of Planning Services February 24, 1982 Page 2 create any new parcels nor would it result in any change in the land use on either Parcel "A" or Parcel "B." 2. Attached to this letter are copies of the Deeds by which Mr. Kurtz acquired the three parcels in the Northwest Quarter Northwest Quarter of Section 29 and of the Deed from Mr. Kurtz to PSF Associates. 3. The plot plan which accompanies this letter does contain a graphic descrip- tion of the parcels involved and a legal description of Parcel "A" and Parcel "B 4. Also accompanying this letter is our check in the amount of $35 payable to the Weld County Department of Planning Services in payment of the Application Fee. If you need any additional information or explanation, please let me know. If you would like me or a representative of Mr. Kurtz or PSF Associates to attend the County Commissioners' meeting at which this Application is discussed, please let me know and we will arrange to do so. Very ly yours, cc,_4 1 � Wallace H. Grant WHG:bm Enclosures X 6,7_27; a eZ • • DEPARTMENT OF PLANNING SERVICES / PHONE(303)3564000 EXT..4D( 915 10TH STREET GREELEY,COLORADO 80631 Q a, rr4.0. CASE NUMBER SE-152 COLORADO REFERRAL TO WHOM IT MAY CONCERN: Enclosed is an application from A.D. Kurtz/PSF Associates • for a • subdivision eremp+inn The parcel of land is described as NWa NWa Section 29, T3N, R67W The location of the parcel of land for which this application has been submitted is 4 miles west of Platteville • This application is submitted to your office for review and recommenda- tions. Any comments or recommendations you consider relevant to this request would be appreciated. Your prompt reply will help to facili- tate the processing of the proposal and will ensure prompt considera- tion of your recommendations. If a response from your office is not received within 14 days of mailing from our office, it may be in- terpreted to mean approval by your office. If you are unable to respond within 14 days (but wish to do so at a later date) please notify our office to that effect. Check the appropriate boxes below and return to our address listed above. Please reply by March 10. 1482 so that we may give full consideration to your recommendation. Thank you very much for your help and cooperation in this matter. 1. We have reviewed the proposal and find no conflicts with our interests. 2. A formal recommendation is under consideration and will be submitted to you prior to 3 . Please refer to the enclosed letter. Signed Agency Date X071 at.(.L.ir.. Current Planner • DEPARTMENT OF PLANNING SERVICES PHONE (303)356-4000 EXT.-40 915 10TH STREET 4Y GREELEY,COLORADO 80631 4, ,�ih.ti ® CASE NUMBER SE-152 COLORADO REFERRAL TO WHOM IT MAY CONCERN: Enclosed is an application from A.D. Kurtz/PSF Associates for a bdi mntin The parcel of land is described as NWa NWa Section 29, T3N, R67W The location of the parcel of land for which this application has been submitted is 4 miles west of Platteville This application is submitted to your office for review and recommenda- tions. Any comments or recommendations you consider relevant to this request would be appreciated. Your prompt reply will help to facili- tate the processing of the proposal and will ensure prompt considera- tion of your recommendations. If a response from your office is not received within 14 days of mailing from our office, it may in- terpreted to mean approval by your office. If you are unable to respond within 14 days (but wish to do so at a later date) please notify notify our office to that effect. Check the appropriate boxes below and return to our address listed above. Please reply by March 10. 1982 so that we may give full consideration to your recommendation. Thank you very much for your help and cooperation in this matter. 1. We have reviewed the proposal and find no conflicts with our interests. 2. A formal recommendation Is under consideration and will be submitted to you prior to • 3 . Please refer to the enclosed letter. Signed Agency Date Current Planner • • DEPARTMENT OF PLANNING SERVICES vi PHONE(303)356-4000 EXT.400 915 10th STREET GREELEY,COLORADO 80631 •13 eFebruary 26, 1982 • COLORADO Albert D. Kurtz 13634 Road 17 Platteville, CO 80651 Re: Request for a subdivision exemption on NWT NWT Section 29, T3N, R67W of the 6th P.M. , Weld County, Colorado Dear Mr. Kurtz : Your application and related materials for the request described above are complete and in order at the present time. I have scheduled a meeting with the Board of County Commissioners for Wednesday, March 17, 1982 at 9:30 a.m. This meeting will take place in the County Commissioners' Hearing Room, first floor, Weld County Centennial Center, 915 10th Street, Greeley, Colorado. It is recommended that you and/or a representative be in attendance to answer any questions the Board might have with respect to your application. Please be aware that the Department of Planning Services staff will make a recommendation concerning this application to the Board of County Commissioners. It is the responsibilit of the applicant to contact the Department of Planning Service' s office a few days before the date of the Commissioner's hearing to obtain that recommendation. If you have any questions concerning this matter, please feel free to contact me. Respectfully, • STP&11/4t^-: Rod Allison Current Planner RA:bn cc: John Blaye, 2536 Kimberly Road, P.O. Box 221, Twin Falls, Idaho 83301 . • P11 . 7.250138 RECEIPT FOR GTfTIFIED MAIL NO INSURANCE COVERAGE rROVIDED— :NOTFOR INTERNATIONAL MAIL ? - — _ (See Reverse) - ' L SENT TO. - • - ra1fiart -f)° Kurt.? STREET AND NO. -t - - ' 13634_ Road 1Z- P.O.STATE AND ZIP CODE . '- Platteville; -CO - ^80651 POSTAGE '• - — ' _-- ' $ - - CERTIFIED FEE ¢ w SPECIAL DELIVERY - - • -¢ ,. 6. RESTRICTED DELIVERY _¢ e = w " SHOW ID WHOM AND _ c u= DATE DELIVERED _? - a a m _ 0 f3. m SHOW TO WHOM,DATE. 'y fe: AND ADDRESS Of - ¢ g, a DELIVERY - " ti g M SHOW TO WHOM AND DATE CC DELIVERED WITH RESTRICTED ¢ Ea o s DELIVERY - • - ti SHOW TO •- - WHOM,DATE AND •r, �ADDRESS OF DELIVERY WITH C _ — = RESTRICTED DELIVERY i t N. TOTAL POSTAGEAND FEES` 't $ c -' N 2 t'sERDER: Completeness 1, ,erd 3. 2 POSTMARK OR DATE I '- Add pa=eddrem R In Eke" EITRTN TO"smog m , B •iev¢ts0. g _ - tt L following'Tha. service fa requested(check one.) E ,--2/26/82. % f,�.Show to whoinand datadelivered _6- : o I Ci show•to.wham;date.andaddresa ofdclive ry _4. T ,n I m 'O•_P.FST,71ICdEDTIELLVERY a' Show-to why and date delivered _q i U RESTRICTED DELIVERY. Show to whom,date,end addles%of tslivery3— (CONSULTPOSTMASTER FOR FEES) - -ARTICLB ADDRESSED TO: a y Albert D Kurtz a 13634 Road 17 a : Platteville, CO 80651 I7 '3:'. ARTICLE DESCRIPTION: . -� 1 " ILI REGISTERED NO, '-CERTIFIED NO. INSURED NO. us�� 1 P117250138 o - - ,(Aterays ohmin clansmen of addrressoao agent) -I •Wp m I-have received the-article desedhed ela 7e, m SIGN 7URE Wee o 1 a le a • y Q E O DELIVERY /! m IT b. O. -ADDRESS(templet only B t rte n y (`iii.. • r, c a 0. U)!ASLE TD DELIVER BECAUSE: ' ELE CS D IRIS g f I -*WO:1878400469 , _ :....:...._ .r ....e. - .. .. ..'.. .+e.. - ....x.e...n na y.-;... ..rte.✓4.- .. • • ,l • • . . —I • ' .• na h BOOS 631rm .. WARRANTY DEED - CORPORATION,, e AUG 6 pip a..we r 1 -11---;:. i r BMS ENTERPRISES. INC: I a...w 15 --• 4 coSoo Lsaer a atlm . duly oepoled and existing under and by Hrtae of the tan of the Slate of Cdceado,foe and la mak,- 7 I^r' saw trades id TeaDollar,sjll -➢0l. ntkeclood and seal&sbassinn.Isig.t. 1.P..IS.___.._.— i 'n --. Dotaw In Lend paid,does hereby sell and convey to • - \ o. n ALBERT D: KURTZ cm of the County of Wnld__ --end State of Colorado,the tenoning ml prepaty • ✓i saute the County of Weld and State of Colorado, a bwh: • we I n - a. as The West 660 feet of the NW}of the NW}of Section 29, es 0o Township 3 North. Range 67 West of the eth P.M., ef o Weld County, Colorado, except the North 40 feet thereof e as conveyed to the Department of Highways. State of R Colorado, by Special Warranty Deed, recorded In Book R - 0 1400, page 283, Weld County Records, together with an undivided 1/5th Interest In and to four(4) shares of Sanborn Ditch Stock, and an undivided 1/5th interest in and to three and one-half(Sf) shares of Outlet Ditch . • Stock, ' Stan fb,Glwe4nte6atv AUG" 17(/ll . e I . . with all Its appurtenances,and venue the title to the same,subject to an easement as conveyed to ' the Sinclair Pipe Rine Ooaspagy by instilment recorded March 20, 1963 in Book 16,1, rage 465, Veld County Bacords, also subleet to all existing roads, highways, ditchel,utilities, • canals, pips lines, cover, telephone or water lines, sadright• of•vay and easements I therefor;'Teas for the tear of 1970 and subsequent years. • IN WITNESS WHEREOF saki corporation he causedit ae=porno name to be bemmto subsafted I • . by ha prodder,and ha caporals sale to he hereunto affixed,and attested by Its Secretary this I ' [tit dsy of Ammo. . ..AD.1p14.. I If S�el i I ttt , )\ HMS ENTERPRISES, INC.. a Colorado - - .p oZ' rporation, wa . • 1 1 C0UNIT 01 Boulder .� . • The I ewing Stamm wsa aelso•ltdsed hakes to.thb Lth day ol 1 Sosnat a T•la by Bawd 9tevsrt• a.. _ *4 4/ 1•,e,/,a`� Yoe a ltadrw es Ssaa say el . \ ¢ e)•1 mMrorau. ono. a•apasalea 41 ..' u sod WWI sad m •Septxegeef . 10th, 1970 9a n S 10 '1,• PUB4�' lrr.yreatr" • 1'�ei ce`°' `�/� . ev . 0 • a { •_. ✓N © mod ac.,da ae_._..4_%acs .K v.—- _in APR 2 21910 Notxrb& I 6`21! Reception N>__._.____.1595913 �.--ANN_[ra!,n_ e..,.rd.., \—\ ' DONNY R. WHITTECAR and JUANITA A.-WHITTECAR • ) mar /`//\ r, Slot.Documentary FM I A Lo..Address is Dore APR.2.2.19211. County of Weld ,State of f .._t!1. — In e rt L Colorado ,for the consideration of NINE TIWUSAN In▪ ' TWO NUNIEED TIEHfY-FIVE end NO/100 n' dollars,in hand paid,hereby sell(a)and convey(s)to • r, Ft ALBERT D. KURTZ I .4. • whose address is County of N n Weld •and State of Colorado the following seal property In tho N . o O 0 a County of Veld ,and State of Colorado,to wit: o R The East 330.0 feet of the Vest 990.0 feet of the Northwest One-quarter of the Northwest One-quarter of Section 29, Township 3 North, Range 67 West of et't., the 6th Principal Meridian, Weld County, Colorado. EXCEPT the North 40.0 ma feet thereof as conveyed to the, Department of Highways, State of Colorado �¢' by Special Warranty Deed recorded in Book 1490, Page 283, Weld County Records; Z TOtETHER with an undivided interest in and to 4/5the of 1 share of the capital stock of the Sanborn Ditch Co. and an undivided interest in and to 7/10the of 1- share of Outlet Ditch Co.; Subject to all e:cleting roads, highways, ditches, - utilities, canals, pipe lines, power, telephone or water lines, and rights of way and easements therefor. ( • with elite appurtenances,and warrant(s) the title to the same,subject to Tame for the Year of 1970 and subsequent years, existing rights of way and easements arecord. Signed this 14th day of Apr ' , 19 70 • -PQ ea?.._.. (. STATE OF COLORADO, igs f' Count/of . The f re ng taatrtunent was acknowledged before me this • • • day of b t,L - .1970.by Donny R. Vhitteoar and Juanita A. Whitteaar c^f` ad oftieigill...8Itmemitaionr expires na-/7, /97O _ • I. nom; •y 'i a iyy [ e[p ,It;pV.,lf':_o'' _. _yome.,.r=Earle r.easnrwrr sac sodas r,.w.ma Na M. w..amuse s`a uses.as ma—saes,r.....c...1124-16 aw Simi Oat a...admit • . 1illy..✓ . a • • m ppa612 &ad.l as //43-Jebel fi rS1' JUL 2 1969 ' • ' - a..one•N� 1533649 Are/Na tt.e te . w a . a / 4 / DZIBIIK T P Z and TITIAN Z. TIDSPIZ '• . I whose ddnr is Arcade • N p O. - Co.mty of Jefferson .State of 47 I P . Vo Colorado .for the considerationconsiderationai SIIIm L0\CQ bpi S81N3AIID and NOWn 1 t1�;�-3j[ h dollar,in band paid,hereby adi(e)and mnvey(a)to :O31.N N I • MIAMER!i9t! D. I7llQ7i s whose address L Canty of l l In u Weld ,and State of Colorado Ma following red awwb hi the 0 • o Comfy at Vold .sad Stets of Colorado,to wit: The Northwart one-quarter of the Nortbnat one-quarter of section 29, Township 3 North, age 67 Vest of the 6th Principal Meridian, Veld County, •) Colorado) HUMPS the Vest 990.0 fest thereof, NA'NPT the North 40.0 feat _ gS thereof as conveyed to the Deportment of Highways, State of Colorado by special Warranty Deed recorded in Book 1590, Page 283, Veld County Becorda; and subject to a 16 foot easement on the Vont aids of the above legally described; also subject to ail existing rods, highways, ditches, utilities, canals, pipe lines, power, telephone or water lino, and rights of way and sa manta therefor; together with an undivided one-fifth(1/5) interest in and to three and one-hall(34)shares of the capital stock of the Outlet ' Ditch Company, and an undivided one-fifth (1/5) interest In and to four (4) shares of the capital stock of the Sanborn Ditch Company: i • • 1C O , -I .-I , with aline appnrtmane.s,end war Drsot(a) the title to the acme,subject to Taxes for the Tear of 1969 and subsequent year., eriating rights of way, elsecmte and reservations moo•, .f of record; ,I• Signed thle 1st dayof July 969. w )w )C l r<Y:cK1.FKt • STATE OP COLORADO, 1 a ' County of r n 0 0 teryeing Instrument was aeknowld re gel befo me Mks ,.1st - C 15 et ,12 69.bf Delbert Teeple end Vivian Z. Tex le **4....0 -, • • IP a �OT•Wltoei tlmd48 � �aY,alj, /7r /97d 4 ' gabs Saba ft • Ns.Mf. . ,..,. n..,.—is.a..ass.aw+tCa..n+.r,pga- m cs...um-es summons.w..,..camas 4IP. N. ( L✓ ) �' . .40 Recorded at .. o'clock .._ 114. lirrrpliun Vi riecnrdcr. ALBERT D. KURTZ • whose address is 13634 Road 17 , Platteville County of Weld , State of Colorado 80651 . for the consideration of SEVEN HUNDRED TWENTY-FIVE THOUSAND AND NO/100 dollars, in hand paid, hereby sell(s) and conveys) to PSF ASSOCIATES, a Partnership whose legal address is P. 0. Box 221 , Twin Falls , County of 83301 Twin Falls , and State of Idaho / the following real property in the ('aunty of Weld , and State ul' Colorado, to wit: Property described on Exhibit A attached hereto and by reference incor- porated herein for all purposes . • • it Ii II ' also known as street and number 7388 State Hi ghway 66, Longmont, Colorado 80501 . II with all its appurtenances, and warrant(s) the title to the same, subject to see exceptions on EXHIBIT B attached hereto and by reference incorporated herein for all pur poses . Signed this 29th day of January I'•) 82. Albert D. KGr-[z • L STATE OE COLORADO, County of Boul der ro O M II The foregoing instrument was acknowledged before me this 29th `° CO ' day of J.nuar� , 1982 , by Albert D. Kurtz. 0 . o (11 ON My .4 earl t NVI Wiicriesl:•myllwndt$nit ficial seal. o x,— n o I1 .. ] Notary Public n_ED- Address : ';1S ‘C r-.<3txz.L IcA My Ccrmli_51an txplies. 515 Lon: csl, GJ GJJ91 No. 891. tVarranty Deed—Short Porn, - nradlord Publishing, 5025 W. Oft Aye.. Lakewood, c0 80214-(303) 233-6900-=.6-81 • , EXHIBIT A to WARRANTY DEED GRANTOR: Albert D. Kurtz GRANTEE: PSF Associates, a Partnership DATE: January 29, 1982 A tract of land located in the North one-half of Section 29, Township 3 North, Range 67 West of the 6th P.M. , Weld County, Colorado and being more particularly described as follows: Beginning at the West one-quarter corner of said Section 29, thence along the West line of the Northwest one-quarter North 000 09' 33" East 1629.26 I feet; thence South 88° 57 ' 19" East 325. 70 feet; thence North 000 27 ' 02" East 968.23 feet to a point on the South Right-of-way line of State Highway Number 66; thence along said Right-of-way line and parallel with the North line of said Section 29, South 89° 16 ' 24" East 1345.02 feet; thence South 83° 33' 47" East 100.50 feet; thence South 89° 16 ' 24" East 2811 .44 ' feet to a point on the centerline of the Saint Vrain Creek; thence along said centerline the following courses, I South 32° 02 ' 38" West 746.93 feet; South 58° 58 ' 54" West 467.97 feet; I South 84° 39' 45" West 864.41 feet; South 54° 56' 04" West 495.22 feet to a point on the South line of the North- east one-quarter of the Northwest one-quarter of said Section 29; thence leaving said centerline North 89° 19 ' 51" West 1214.89 feet to the Northwest one-sixteenth corner; thence along the East line of the Southwest one- ' quarter of the Northwest one-quarter of said Section 29, South 00° 01 ' 35" West 781.80 feet to a point on the centerline of the Saint Vrain Creek; thence along said centerline the following courses, 1 South 70° 04 ' 05" West 392.85 feet; • South 22° 45 ' 17" West 312.81 feet; I South 07° 42 ' 17" West 107.98 feet to a point on the South line of the North' one-half •of said Section 29; thence North 89° 23' 17" West 810.53 feet • to a point of, beginning, containing 140.300 acres more or less. I Hi TOGETHER WITH the Kurtz Well No. 12-30512 (Colorado Permit No. 30512) . adjudicated for 0.6351cfs. in Case No. W-3873, Water Division No. 1 ,, State of Colorado; and! '" .4 I , II, I I p ',I , RESERVING ,UNTO THE GRANTOR an easement across the property being conveyed I I for purposes of ingress and egress to the property owned by the Seller add! located in the Northwest corner of said Section 29 and the reservoirs'and its� 1' Il 1 „ appurtenances located thereon; and RESERVING UNTO THE GRANTOR an existing 'outletl structure on the South end of the reservoir and the existing ditch running' IIj ', II ' ' ', Southerly from that point along the West boundary of the above-described ; .: I , j I' property to the St. Vrain River (which outlet structure and ditch area used ,I' : '! for purposes of carrying water from the reservoir to the river) ; and ,j: " 1 lii ' 'I RESERVING UNTO THE GRANTOR an easement 10 feet in width along the West •and: if � I� iI ! I South boundaries of the above-described property for purposes of ingres's1'!and 'i',• egress to property owned by the Grantor and lying Easterly of the above-' �I j� • described property; and RESERVING UNTO THE GRANTOR an undivided one-half I H� , interest in and to all 'roil , gas, mineral and hydrocarbon rights now 'ownedl 'i, I by him: All reservations contained herein are for the benefit of theGrantor, 1; ,,;I I i his successors and assigns. J ' The Grantor and Grantee agree that it is their intention that the' poperty ]' 4 rr ; boundaries described above be the permanent boundaries of ;the 'property and ; II I .If, I • ' Ithey shall not be affected, by a change in the location ,ofithe 'St. Vra,,in 'Greek! ! I' i ;� .i.. y 1.• ;! I , , r i I i1 I , , I I „ � Ii' , ,,1, y I, is ' I , I J i ' EXHIBIT B to WARR ED ' '' ' GRANTOR: Albert D. u�rtz - GRANTEE: PSF Associates, a Partnership ' DATE: January 29, 1982 Subject to easements, rights of way, reservations and restrictions of record, in- cluding the following: 1. Rights of way for county roads 30 feet wide on each side of Section and :town- ship lines recorded in Book 86 at Page 273. 2. Easement and Right of way for St. Vrain Reservoir as evidenced by Map of St. Vrain Reservoir filed as Reception No. 119360. 3. Easement and right of way for Wildcat Reservoir as evidenced by Map and State- ment of Wildcat Reservoir recorded under Filing No. 120349. 4. Easement and right of way for The Macarthy Reservoir as evidenced by Map and Statement of The Macarthy Reservoir filed under Filing No. 138075. 5. Easement and right of way for Last Chance Ditch as evidenced by United States • Geological Survey Maps. 6. Easement and right of way for Seep Drainage Ditch as evidenced by United States Geological Survey Maps. 7. Easement and right of way for McGlenn Ditch as evidenced by Map of McGlenn Ditch filed under Reception No. 164444. 8. Right of way and easement to construct, maintain, inspect, operate, protect,; repair, replace, change, the size of, and remove a pipeline for the transpor- tation of liquids and/or gases on, over, and through the subject property , together with the right of unimpaired access to said pipeline and the right ; ' , of ingress and egress on, over, and through the subject property for:any and all purposes necessary and incident to the rights granted, and the right at any time to construct and operate an additional pipeline or pipelines sub- I ' stantially parallel to the first pipeline constructed as conveyed to Sinclair Pipeline Company by instrument recorded in Book 1641 at Page 465 as Reception No. 1403986. 9. Sixteen foot easement on the West side of NW' of NW' of Section 29, except the West 990 feet thereof, as disclosed by Warranty Deed recorded in Book 612, as ' Reception•No. 1533648. , , I I 10. Easement and right of way for pipeline purposes, as granted to Central Weld 11 County Water District in instrument recorded in Book 710 as Reception No. , 1632351, affecting the following described property: • i ` Permanent Easement: A 30.00 foot•wide permanent easement across a portion of the NW% of the NW'q! I • of Section 29, Township 3 North, Range 67 West of the 6th P.M., County of i . Weld, State of Colorado, more particularly described as being the West 30.00 ' feet of said'Northwest corner. • Together with: , Temporary Easement: . I A temporary easement for the duration of pipeline construction only for an i i ' additional strip of land 20.00 feet wide which shall lie East of and Contgu . "f i ';,, , ous with ,that certain permanent easement described above. The saidlines'of., I . the preceding easements shall be prolonged or foreshortened so as to�resultlini ' '! 1 a continuous easement throughout and so as to terminate on the boundary ,lines 1: ' of the Grantor. • I, I,, I t 11. Oil and Gas !Lease between Albert D. Kurtz and T. S:. Pace, recorded in Book 622 ' , I as Reception No. 1544075, and any and all assignments therefor orpinterests� ' }I therein. I '_', ,',� ,I ; NOTE: :Extension of the above Lease as claimed by affidavit, recorded byiAmoco ' , Production Co. in Book 759 as Reception No 1680952. 1' ;, II22. Oil and Gas Lease between Albert D. Kurtz I Amoco Production Co9 recor'-dedll c-1 n I tr ' I �a in Book 718 as Reception No. 1639747, and' any and all assignments the refbr 9 'or A.4 I ;interests therein. ', I , I I ,• I I,IIII 1 , NOTE: Extension of the above Lease as claimed bylaffidavit recorded by,'Amoco .' Production Co. in Book 762 as Reception No'l. 1683983. Ii ` j ' ''li b 1 j. i'I I lll:I I! !I III I P I f 'I i�� , l,,'�G I.I. ' I I ,'•113 And, taxes for 1982 and subsequent years which Grantee assumes and agrees` to„ f pay. , ! . ',' I '„ IIl 14. ' Any rights, ,interest or easements in favor of the State of Colorado' the United , 1 States of America, or the general Public, which exist or' are claimed'to.exi'st ' , ' in and over the waters and present and past bed and banks of St:'Vr'ein Ri'ver.,'L I I I, , I 'I I I ',I Recorded at ... ...i1 rC a clock .. M_J Ull...-2_1J I O o ,off •S33 1'755356 Ce Rec No. - Mary Ann Fe in,•Recorder • •No. 34. POWER OF ATTORN>larndford Publishing Co..1824-46 Stout Street.Denver,Co. ado-0-71 • KNOW ALL MEN BY THESE PRESENTS: That. ALBERT D. KURTZ CC • N of the County of .-' m o Wel d , State of Colorado , reposing special trust and confidence in n 0 CT o 'c -1 av WALLACE H. GRANT to c Jr - -6 t,: to :`of the County of Bod1d der . , State of Colorado have made, con- •" z arm c.ta ILry stituted and appointed, and by these presents do make, constitute and appoint the said s f° r— v ri WALLACE H. GRANT m. t rt true and lawful attorney for me and in my name, place and stead, for my m z o ro v fl o sole use and benefit to ask, demand, sue for, recover, collect and receive all �° • c' such sums of money, debts , accounts, interests , rents , dividends , annuities , a O and demands whatsoever as are now or shall hereafter become due or payable to c o me, and have, use, and take all lawful ways and means in my name or otherwise - r for the recovery thereof; to bargain, contract, agree for, purchase, receive, rn-i and take any real property, and. to lease, demise, sell , and mortgage such real to g2 property, upon such terms and conditions as he shall think fit. Also, to C NJbargain and agree for, buy, sell , mortgage, and in any and every way and c,= z0 deal in and with goods , wares, and merchandise, chores in action, and c other property in possession or in action, and to make, do, and transact all r c land every kind of business of whatever nature, and also for me and in my name, ` n ' and as my act and deed, to sign, execute, deliver, and acknowledge such deeds , r leases, agreements, deeds of trust, notes , and other instruments in writing of whatever kind and nature as may be necessary or proper; and to make, sign, endorse accept, assign, transfer, guarantee and/or deliver checks , notes , `c drafts , stock, bonds, securities and/or other instruments or orders for the payment of money. And further, to do all acts necessary for the keeping and - conducting of my business as fully and completely as I myself could do personally and I hereby authorize any institution with whom I maintain an account whether it be savings , checking or certificate of deposit, to honor, receive, or pay all such instruments signed in accordance with the foregoing authority even t ' though drawn or endorsed to the order of said attorney, or tendered by him for _ ! cashing, or delivered or used in payment of the individual obligation of such iattorney, or for deposit to his personal account, have access to my Safe Deposit Box in any bank or banks, and said institution shall not be required Ito inquire as to the circumstances of the issuance, or use, of any instrument signed in accordance with the foregoing authority, or the application, or disposition of such instrument, or the proceeds thereof. This Power of Attorney shall not be affected by disability of the principal . This instrument is executed and delivered in the State of Colorado and is ; to be construed pursuant to the laws of that state. Hereby giving and granting unto my said attorney full power and authority to do and I perform all and every act and thing whatsoever requisite and necessary to be done in and about the prem- ises, as fully to all intents and purposes as I might or could do if personally present,with full power of substitution and revocation hereby ratifying and confirming all that my said attorney ' or h i 5 substitutes shall lawfully do or cause t.o be done by virtue hereof. IN WITNESS WI-IEItEOP, I have hereunto set my hand and seal this -- day of November , 19 76 . . '-'2././Z/ r �' R 1;.‘ -[SEAL] i ' Albert 6 ur [SEAL] , I [SEAL] I ' \I . , • • 1'75535,6 e)��833 • II • ,.?-x d , • STATE OP COLORADO, ss. County of Boulder I. I Elizabeth McCann, a Notary Public in and for said Soul der County,in the State aforesaid,do hereby certify that Albert D. Kurtz ,who iS personally known to me to be the person....whose name i S subscribed to the within Power of Attorney,appeared before me this day in person and acknowledged that he signed,sealed and delivered the said instrument of writing as h.i.S free and voluntary act and deed,for the uses and purposes therein set forth. Given under my hand and offic.i-a) seal, this 2nd day of No.Yembe.r , t.,I'M j�\':, 19� :?..t ,gy!cf64 {s&-expires February 20, 1980 C0ff*-�'4iaF id:and official seal. 1 ,;off'`- ) � ,�E-C� 11 — ,'1 "!" ':,:\' Notary Public. • .=r ic), <l Qerti E o E- CJ 0 F A .� c . q r I p O "8 .y w z 8 a ZX X O Y o ` a ° ° = a d _ 00 F • O y w `, ", C+ Lt] ri PI-H.., o = U S ro l U j " .1 . I A; gW P, J O ,a1 N 4 cn -0 . 41z..6 O x d a V QI o P ��+ . W f0 LEGAL Gr SCRI ION wrS,W aw-3-cal . CASE NO. Se- v a. .... 61 ....Yf'r ' {7 . G r �rr "�#` 1 ,n3 n. 53 sr, y . t a a� ,04 ']. +4 SOIL CLASSIFICATION OLD NO. NEW NO. 1 IRRIGATED NON - IRRIGATED 53 e e_ . Cap -areThar e X 7 ,z r ) 7 { 'F! a +{ ,...... f<.. t /-' -tic Y' !.y/ 1� '�". ., . . . 1C fl t'' i f R' a,! t ! x .S' 22 I. F j;, -N '.+. f •vM "' A YI.' wl I ) ' �ias J ` ,ii j / �+- SA'4. � ) 5)�{ .3 '�'' }A \ t H.S• ' } .L { 3• .0..Y i �+ 9 p • / �. ' i 'D a } . • l '°. } ! , # om : a # t♦�' 4 ht 'i .. ra CIF ! ! `�,y �,. x t y+Y,°P m.:i 'y"6 C V�4(t;,'tC� _:M" kF -,.•A�' s �,t t ! f fat F ! r r- ) i ! a pH .j.4 ,.rr „r• /H* .. . *� t' ! `� l P< f Jy-i' A :'y 0 4;ij4 A `1 ix:4411 Air; , f .a. fir' s ,'qfi - II I(.t "•k , .�� -! ..fir •, . "F i y++&r'; a. Ir. ((-/ 1 ".'!Ib .91 ).N,- . Y I ♦ a .t '♦ ('e+rk " r !. •'..•� .N':: it i .t' ;_ , Y yf 4 r ! iu ,,.pry'} } 7 6 ;a _ � a ! y t • JM 0. . ""4 ••••414 '� FF .{ S.a�` . ya '} a , REFERRAL LIST APPLICANT: A.D. Kurtz/PSF Associates CASE NUMBER: SE-152 SENT REFERRALS OUT: REFERRALS TO BE RECEIVED BY3/10/82 to m z z z 0 z 0 H El VI H H W Qi 2 U U ��z 0 El O 2 0 rAl WIR7 H �] W C%O U O a+ 0 W O R+ W U r4 0 Z C0O a P42 2 tail a Z X County Attorney (plat only) Weld County Health Department Engineering Department County Extension Agent Colorado Geological Survey 1313 Sherman Street _ Room 703 Denver, Colorado 80203 • Colorado Water Conservation Board Centennial Building 1313 Sherman Street Denver, Colorado 80203 State Engineer Division of Water Resources 1313 Sherman St. , Room 818 Denver, Colorado 80203 State Highway Department 1420 2nd Street Greeley, Colorado 80631 Colorado Department of Health Water Quality Control Division 4210 East 11th Avenue Denver, Colorado 80220 Hello