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NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the hereinabove described parcel of land be, and hereby is, exempt from the definition of the terms, "subdivision" and "subdivided land." BE IT FURTHER RESOLVED by the Board that the application of Ted and Jamie Simmons for Recorded Exemption #4859 be, and hereby is, approved subject to the following conditions: 1. A Weld County septic permit is required for any proposed home. The septic system shall be installed according to the Weld County Individual Sewage Disposal System (I.S.D.S.) Regulations. 2. Prior to recording the plat: A. The plat shall be titled: Recorded Exemption No. 0705-6-3 RE-4859. B. The Weld County Department of Planning Services approves the applicant's proposed building envelope located on proposed Lot B. The building envelope shall be delineated on the plat. 2008-3352 RE4859 "Cn 1 IL, y1 f'?L, o f- e6,_ (77 RE #4859 - TED AND JAMIE SIMMONS PAGE 2 C. Lot B shall use the existing agricultural/ditch road accesses necessary for agricultural operations, as no additional accesses shall be granted. D. The 40-foot access and utility easement utilized to access Lot A shall be indicated on the plat. E. 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. If a drainage culvert is required, a 15-inch Corrugated Metal Pipe (CMP) is Weld County's minimum size. If the applicant chooses to place a larger culvert, the Weld County Department of Public Works must be contacted to adequately size the culvert. F. County Road 13 is designated on the Weld County Road Classification Plan as a local gravel road, which requires 60 feet of right-of-way at full buildout. The applicant shall verify the existing right-of-way and the documents creating the right-of-way. All setbacks shall be measured from the edge of future right-of-way. If the right-of-way cannot be verified, it shall be dedicated. This road is not maintained by Weld County. G. The applicant shall attempt to address the requirements and concerns of the Water Supply and Storage Company, as stated in the referral response dated November 19, 2008. Evidence of such shall be submitted, in writing, to the Weld County Department of Planning Services. H. The applicant shall address the requirements of the Weld County Department of Public Works, as stated in the referral response dated November 25, 2008. Evidence of such shall be submitted, in writing, to the Weld County Department of Planning Services. Lot A shall comply with the one (1) acre net minimum lot size required by Section 24-8-40.L of the Weld County Code. Net acreage calculations shall not include reserved road right-of-way. J. 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. K. The following notes shall be placed on the plat: 1) All proposed or existing structures will meet the minimum setback and offset requirements for the Zone District in which the property is located. Pursuant to the definition of setback in the Weld County Code, the required setback is measured from the future right-of-way line. No building or structure, as defined and limited to those occupancies listed as Groups A, B, E, F, H, I, M, and R in 2008-3352 RE4859 RE #4859 - TED AND JAMIE SIMMONS PAGE 3 Section 302.1 of the 2003 International Building Code, shall be constructed within a 200-foot radius of any tank battery, or within a 150-foot radius of any wellhead. Any construction within a 200-foot radius of any tank battery or 150-foot radius of any wellhead shall require a variance from the terms of the Section 23-3-10 of the Weld County Code. 2) Any future structures or uses on the site must obtain the appropriate zoning and building permits. 3) The intent of this Recorded Exemption is to create a lot (Lot A), to be utilized by the North Weld County Water District as a Major Facility of a Public Utility for a water tank facility. This Recorded Exemption was utilized in lieu of a condemnation procedure to create this lot. If this lot had been created through a condemnation procedure, the remainder of the parcel would have been eligible for a land exemption, per Section 24-8-20.C.1 of the Weld County Code. Therefore, Lot B of this recorded exemption (RE-4589) is eligible for a future land exemption. 4) All structures requiring building permits shall be located within the designated building envelope. 5) Prior to the release of building permits, the applicant shall submit a recorded deed, describing the lot upon which the building permit is requested, with the building permit applications. The legal description on such deed shall include the lot designation and Recorded Exemption number. 6) Prior to the release of building permits, the applicant shall submit evidence to the Department of Planning Services that Lot A and/or Lot B has an adequate water supply of sufficient quality, quantity, and dependability. 7) Prior to the release of building permits, the applicant shall submit evidence of approval from the Poudre Fire Authority to the Weld County Department of Building Inspection. 8) Should noxious weeds exist on the property, or become established as a result of the proposed development, the applicant/landowner shall be responsible for controlling the noxious weeds, pursuant to Chapter 15, Articles I and II, of the Weld County Code. 9) Recorded Exemptions on adjacent properties may raise the issue of compliance with the intent of the Recorded Exemption process. Approval of this Recorded Exemption does not guarantee approval of future applications on adjacent properties. 2008-3352 RE4859 RE #4859 - TED AND JAMIE SIMMONS PAGE 4 10) Building permits shall be obtained prior to the construction of any building. Buildings which meet the definition of an Agricultural Exempt Building, per the requirements of Sections 29-1-20 and 29-3-20.B.13 of the Weld County Code, do not need building permits; however, a Certificate of Compliance must be filed with the Department of Planning Services, and an electrical and/or plumbing permit is required for any electrical service to the building or water for watering or washing of livestock or poultry. 11) Effective January 1, 2003, building permits issued on the proposed lots will be required to adhere to the fee structure of the County-Wide Road Impact Fee Program. 12) Effective August 1, 2005, building permits issued on the subject site will be required to adhere to the fee structure of the Capital Expansion Impact Fee and the Stormwater/Drainage Impact Fee Programs. 13) Prior to the release of building permits on Lot B, the lot owner shall verify with the nearest town/city or sanitation district to determine the location of the nearest sanitary sewer line. In accordance with the Weld County Code, if a sewer line exists within four hundred (400) feet of the property line, and the sewer provider is willing to serve the proposed structure, a septic permit cannot be granted by the Weld County Department of Public Health and Environment. Evidence of such shall be submitted, in writing, to the Weld County Department of Planning Services. 14) Weld County's Right To Farm Statement, as it appears in the Weld County Code, Appendix 22-E, shall be placed on the plat. 3. The applicant shall submit two(2)paper copies of the plat, for preliminary approval, to the Weld County Department of Planning Services. Upon approval of the paper copies, the applicant shall submit a Mylar plat, along with all other documentation required as Conditions of Approval. The Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder by the Department of Planning Services. The plat shall be prepared in accordance with the requirements of Section 24-8-60 of the Weld County Code. The Mylar plat and additional requirements shall be submitted within sixty (60) days from the date of the Board of County Commissioners Resolution. The applicant shall be responsible for paying the recording fee. 4. In accordance with Weld County Code Ordinance#2005-7,approved June 1, 2005, should the plat not be recorded within the required sixty(60)days from the date of the Board of County Commissioners Resolution, a $50.00 recording continuance charge may be added for each additional three (3) month period. 2008-3352 RE4859 RE #4859 - TED AND JAMIE SIMMONS PAGE 5 5. The Department of Planning Services respectfully requests the surveyor provide a digital copy of this Recorded Exemption. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles, Arclnfo Coverages and Arclnfo Export files format type is .e00. The preferred format for Images is .tif(Group 4). (Group 6 is not acceptable). This digital file may be sent to maps@co.weld.co.us. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 22nd day of December, A.D., 2008. BOARD OF COUNTY COMMISSIONERS / S WELD COUNTY, COLORADO ATTEST: !tipL�' l. „�. �` L 0`_ : illiam H. Jerke, Chair Weld County Clerk to the ;.. r .� r• Prr EXCUSED n \�� Robert D. Masden, Pro-Tem BY: /t� ( a ��• �l �►� Dept Clerk the Board EXCUSED William F. Garcia AP OV AS TO c-A4 CCH avid E. Long unty Attorney cd1.-ce— ouglas ademacher Date of signature: I - 2008-3352 RE4859 • MEMORANDUM 44%tarl TO: Board of County Commissioners December 17, 2008 FROM: Chris Gathman, Planner III COLORADO SUBJECT: RE-4859 (Jamie & Ted Simmons) The Department of Planning Services has forwarded application RE-4859 to the Board of County Commissioners. The applicant is requesting that Lot B of RE-4859 not be subject to the 5-year wait requirement outlined in Section 24-8-20.6.1 of the Weld County Code prior to applying to split Lot B of RE-4859. Background information: Legal Description: Lot B of AMRE-2992; Part of the SW4 of Section 6, T7N, R67W of the 6th P.M., Weld County, CO. Parcel number: 0705 06 300052 Location: Approximately 1/8 mile east of CR 13 and 1/2 mile south of CR 86. Acres: 50.5 +/- Weld County Code Requirement: Section 24-8-20.6.1 of the Weld County Code states: "Lot B of a two-lot recorded exemption is eligible for future land exemption five (5) years from the date of recording the exemption plat, in accordance with Section 24-8-40.M." Upon recording RE-4859 plat Lot B of RE-4859 would not be eligible to be split through a recorded exemption until at least 5 years after the recording date of the RE-4859 plat. Applicant Request: The applicant is requesting that the above requirement be waived for this recorded exemption. North Weld County Water District intends to utilize Lot A for domestic water storage (water tank). North Weld County Water District (as a political subdivision of Colorado) could have created this lot through a condemnation process but the applicant and North Weld County Water agreed to accomplish this through a recorded exemption process. The applicant believes that because they voluntarily agreed to the recorded exemption procedure in lieu of condemnation they should not be subject to the 5-year time-frame. Lot B of RE-2992 was recorded on December 12, 2001 and is presently eligible to be split through a recorded exemption. Department of Planning Services Recommendation: Given the unique circumstances of this case, staff is in support of this request. If a portion of Lot B was condemned by the North Weld County Water District, the remaining portion of Lot B of AMRE-2992 would be eligible for a recorded exemption. 2008-3352 The Department of Planning Services recommends that the following be added as a note (Note #3) on the plat: "The intent of this recorded exemption is to create a lot (Lot A) to be utilized by North Weld County Water District as a major facility of a public utility for a water tank facility. This recorded exemption was utilized in lieu of a condemnation procedure to create this lot. If this lot had been created through a condemnation procedure, the remainder of the parcel would have been eligible for a land exemption per Section 24-8-20.C.1 of the Weld County Code. Therefore, Lot B of this recorded exemption (RE-4589) is eligible for a future land exemption." #41tittar DEPARTMENT OF PLANNING SERVICES I LRECORDED EXEMPTION C ADMINISTRATIVE REVIEW COLORADO Applicant: Jamie &Ted Simmons RE-4859 Planner: C. Gathman Legal Description: Lot B of AMRE-2992; located in Part of SW4 of Section 6, T7N, R67W of the 6th P.M., Weld County, CO. Parcel ID#: 0705 06 300052 Lot A Size: +/- 5.7 acres Lot B Size: +/-44.9 acres Water Source: Lots A& B: Proposed North Sewer System: Lot A: None Weld County Water District Lot B: Proposed Individual Septic System Criteria Checklist Yes No X 1. Conforms with Chapter 22 of the Weld County Code and any adopted municipal plan. X 2. Compatible with the existing surrounding land uses. X 3. Consistent with the intent of the zone district. X 4. Consistent with efficient and orderly development. X 5. Complies with Recorded Exemption standards in Section 24-8-40 of the Weld County Code. X 6. Provides for adequate protection of the health, safety, and welfare of the inhabitants of the neighborhood and the County. Approved with Conditions The Weld County Department of Planning Services has determined through an administrative review that the standards of Section 24-8-40 of the Weld County Code have been met. This Recorded Exemption is approved with the following conditions in accordance with information submitted in the application and the policies of Weld County. 1. A Weld County septic permit is required for any proposed home. The septic system shall be installed according to the Weld County Individual Sewage Disposal System (I.S.D.S.) regulations. 2. Prior to recording the plat: A. The plat shall be titled: Recorded Exemption No. 0705-6-3 RE-4859 B. The Weld County Department of Planning Services approves the applicant's proposed building envelope located on proposed Lot B. The building envelope shall be delineated on the plat. C. Lot B shall use the existing agricultural/ditch road access points necessary for agricultural operations as no additional accesses shall be granted. D. The 40-foot access and utility easement utilized to access Lot A shall be indicated on the plat. E. 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. F. County Road 13 is designated on the Weld County Road Classification Plan as a local gravel road, which requires 60 feet of right-of-way at full build out. The applicant shall verify the existing right-of-way and the documents creating the right-of-way. All setbacks shall be measured from the edge of future right-of-way. If the right-of-way cannot be verified, it shall be dedicated. This road is not maintained by Weld County. G. The applicant shall attempt to address the requirements (concerns) of the Water Supply and Storage Company, as stated in the referral response dated November 19, 2008. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. H. The applicant shall address the requirements of the Weld County Department of Public Works as stated in the referral response dated November 25, 2008. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. I. Lot A shall comply with the one (1) acre net minimum lot size required by Section 24-8-40.L of the Weld County Code. Net acreage calculations should not include reserved road right- of-way. J. 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. K. The following notes shall be placed on the plat: 1) All proposed or existing structures will or do meet the minimum setback and offset requirements for the zone district in which the property is located. Pursuant to the definition of setback in the Weld County Code, the required setback is measured from the future right-of-way line. No building or structure as defined and limited to those occupancies listed as Groups A, B, E, F,H, I, M and R in Section 302.1 of the 2003 International Building Code, shall be constructed within a 200-foot radius of any tank battery or within a 150-foot radius of any wellhead. Any construction within a 200-foot radius of any tank battery or 150-foot radius of any wellhead shall require a variance from the terms of the Section 23-3-10 of the Weld County Code. 2) Any future structures or uses on site must obtain the appropriate zoning and building permits. 3) All structures requiring building permits shall be located within the designated building envelope. 4) Prior to the release of building permits, the applicant shall submit a recorded deed describing the Lot upon which the building permit is requested with the building permit applications. The legal description on such deed shall include the Lot designation and Recorded Exemption number. 5) Prior to the release of building permits, the applicant shall submit evidence to the Department of Planning Services that Lot A and/or Lot B has an adequate water supply of sufficient quality, quantity and dependability. 6) Prior to the release of building permit, the applicant shall submit evidence of approval from the Poudre Fire Authority to the Weld County Building Department. 7) Should noxious weeds exist on the property or become established as a result of the proposed development the applicant/landowner shall be responsible for controlling the noxious weeds, pursuant to Chapter 15, Articles I and II of the Weld County Code. 8) Recorded Exemptions on adjacent properties may raise the issue of compliance with the intent of the Recorded Exemption Process. Approval of this Recorded Exemption does not guarantee approval of future applications on adjacent properties. 9) Building permits shall be obtained prior to the construction of any building. Buildings that meet the definition of an Ag Exempt Building per the requirements of Section 29- 1-20 and Section 29-3-20.8.13 of the Weld County Code do not need building permits, however, a Certificate of Compliance must be filed with the Planning Department and an electrical and/or plumbing permit is required for any electrical service to the building or water for watering or washing of livestock or poultry. 10) Effective January 1, 2003, Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County Road Impact Program. (Ordinance 2002-11) 11) Effective August 1, 2005, Building permits issued on the subject site will be required to adhere to the fee structure of the Capital Expansion Impact Fee and the Stormwater/Drainage Impact Fee. (Ordinance 2005-8 Section 5-8-40) 12) Prior to the release of building permits on Lot B, the Lot owner shall verify with the nearest Town/City or Sanitation District to determine the location of the nearest sanitary sewer line. In accordance with the Weld County Code, if a sewer line exists within four hundred (400) feet of the property line and the sewer provider is willing to serve the proposed structure, a septic permit cannot be granted by the Weld County Department of Public Health and Environment. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. 13) WELD COUNTY'S RIGHT TO FARM: Weld County is one of the most productive agricultural counties in the United States, ranking fifth in total market value of agricultural products sold. The rural areas of Weld County may be open and spacious, but they are intensively used for agriculture. Persons moving into a rural area must recognize and accept there are drawbacks, including conflicts with longstanding agricultural practices and a lower level of services than in town. Along with the drawbacks come the incentives which attract urban dwellers to relocate to rural area: open views, spaciousness, wildlife, lack of city noise and congestion, and the rural atmosphere and way of life. Without neighboring farms, those features which attract urban dwellers to rural Weld County would quickly be gone forever. Agricultural users of the land should not be expected to change their long-established agricultural practices to accommodate the intrusions of urban users into a rural area. Well run agricultural activities will generate off-site impacts, including noise from tractors and equipment; slow-moving farm vehicles on rural roads; dust from animal pens, field work, harvest, and gravel roads; odor from animal confinement, silage, and manure; smoke from ditch burning; flies and mosquitoes; and the use of pesticides and fertilizers in the fields, including the use of aerial spraying. Ditches and reservoirs cannot simply be moved out of the way of residential development without threatening the efficient delivery of irrigation to fields which is essential to farm production. Section 35-3.5-102, C. R. S., provides that an agricultural operation shall not be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs methods or practices that are commonly or reasonably associated with agricultural production. Weld County covers a land area of over 4,000 square miles in size (twice the State of Delaware) with more than 3,700 miles of state and County roads outside of municipalities. The sheer magnitude of the area to be served stretches available resources. Law enforcement is based on responses to complaints more than on patrols of the county and the distances which must be traveled may delay all emergency responses, including law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must leave their jobs and families to respond to emergencies. County gravel roads, no matter how often they are bladed, will not provide the same kind of surface expected from a paved road. Snow removal priorities mean that roads from subdivisions to arterials may not be cleared for several days after a major snowstorm. Snow removal for roads within subdivisions are of the lowest priority for public works or may be the private responsibility of the homeowners. Services in rural areas, in many cases, will not be equivalent to municipal services. Rural dwellers must, by necessity, be more self-sufficient than urban dwellers. Children are exposed to different hazards in the county than in an urban or suburban setting. Farm equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center pivot operations, high speed traffic, sand burs, puncture vines, territorial farm dogs, and livestock present real threats to children. Controlling children's activities is important, not only for their safety, but also for the protection of the farmer's livelihood. Parents are responsible for their children. 3. The applicant shall submit two (2) paper copies of the plat for preliminary approval to the Weld County Department of Planning Services. Upon approval of the paper copies the applicant shall submit a Mylar plat along with all other documentation required as conditions of approval. The Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder by Department of Planning Services' Staff. The plat shall be prepared in accordance with the requirements of Section 24-8-60 of the Weld County Code. The Mylar plat and additional requirements shall be submitted within sixty (60) days from the date of the Board of County Commissioners resolution. The applicant shall be responsible for paying the recording fee.. 4. In accordance with Weld County Code Ordinance 2005-7 approved June 1, 2005, should the plat not be recorded within the required sixty (60) days from the date the Administrative Review was signed a $50.00 recording continuance charge may be added for each additional 3 month period. 5. The Department of Planning Services respectfully requests the surveyor provide a digital copy of this Recorded Exemption. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles, Arclnfo Coverages and Arclnfo Export files format type is .e00. The preferred format for Images is .tif (Group 4). (Group 6 is not acceptable). This digital file may be sent to maps(Wco.weld.co.us. 6. The Board of County Commissioner's approval of this Recorded Exemption Application is based on satisfying the Conditions of Approval. Should an applicant be unwilling or unable to meet any one of these conditions within 60 days of approval, then this case will be forwarded to the Weld County Board of County Commissioners with a staff recommendation for denial. 124E-in 59 Plat Checklist POC Planner Item Comments Check Check Proper size and material 24" x 36"or 18" x 24"/Minimum 3 millimeter polyester sheet Lettering No stick-on lettering / Minimum 8 pt. lettering °`// Boundaries of Lots ✓ Scale Suitable Scale? (1"=200'or 1"=100') t/----- Accesses indicated Shared Access?If so,is easement Certificate included? V R oads labeled,including oo�i s R.O.W C _S-'4 '''', Building Envelope(s) G3F{jsc,,,5+_ --6‘45, 4-OYe.k p 5 .,t .- /ioi ur≥ Lyv H/Jln Vicinity Map Suitable Scale? (Minimum 1"=2000') c___--- 'P-S ow-4s North Arrow ' �* Legal Description r/ Notes from Planner/ Development Standards Conditions of Approval / Owner's Certificate Notarial Certificate included?All owners must sign the plat, check the deed. (/ Surveyor's Certificate and All surveyed plats Surveyor's Stamp Note: USR plats do not need to be surveyed Director of Planning Notarial Certificate included?(RE, SE, SPR,Final PUD if Staff II A Certificate Approved) 1 ' I7 t Planning Commission (USR,COZ,Minor Sub.Final) „1 /A Certificate I" Board Certificate (USR,COZ„Minor Sub Final) (Final PUD,RE,SE&ZPMH if Board approved) I/ Typical Road Cross Section (COZ,Final Minor Sub. and Final PUD) N /1\ Easements N /A Please return the plat to the CAD Technician within 24 hours of receiving the plat. Planner on Call: (Initials) Planner Signature: Date: 2/ I O WELD COUNTY, COLORADO DEPARTMENT OF PLANNING SERVICES 918 10TH STREET GREELEY,CO 80631 PHONE:970-353-6100,EXT. 35401 FAX: 970-304-6498 Date: i I' 20 - Receipt'No. j 4 8 Received From: i. f►-6� t. ,. e.. '- Permit Type No. Description Fee 4221-RE/SE l /..„4\,v - V - 4221-ZPMH r'" 4221-USR I. in. 4221-SITE PLAN REVIEW 4221-CHANGE OF ZONE 4221-PUD 4221-MINOR/MAJOR SUB #OF BUILDABLE LOTS 4221-ADDITIONAL 30% FEE FOR SUB's 4221-RE-SUBDIVISIONS 4221-BOA 4221-FHDP/GHDP 4430-MAPS/POSTAGE 4430-COPIES 4730-INVESTIGATION FEE 6560-RECORDING FEE v �.1 f , '1 i,:i � .L M,SC. 4SH I—IECc NO.fig ij`? ---_ TOTAL FEE Receipted By: i, DL# Exp. Chris Gathman From: Chris Gathman Sent: Tuesday, February 02, 2010 8:55 AM To: 'Steve Lund' Subject: RE-4859 plat Steve, I have reviewed the mylar for the RE-4859 plat. There is one item that has not been changed per my past review comments. You have the access to Lot A (granted through condemnation to access the water tanks) as a "PR&PA" . This access was specifically granted for the water tanks (it does not refer to residential and agricultural access) . Therefore I am requesting that this not be removed from the plat. We can make this modification in our office (with your written permission) or I can leave the plat up by the front desk if you wish to make this change yourself. Sincerely, Chris Gathman Planner III Weld County Department of Planning Services 918 10th Street, Greeley, CO. 80634 Ph: (970)353-6100 ext. 3537 Fax: (970)304-6498 LI (2€' .56," GtllS� S zl�ia_ � •Ca. 1 LIND, LAWRENCE & OTTENHOFF LLP Attorneys and Counselors at Law 955 EASTMAN PARK DRIVE,SUITE 200 WINDSOR,COLORADO 80550 GEORGE H.OTTENHOFF TELEPHONE 9708749988 BRADLEY C.GRADMI(K KENNETH F.I1ND TELECOPIER:9708749595 DAVIDF.JONES KIM R.LAWRENCE MEGAN R.FRIERSON+ P.ANDREW JONES JAMES D.BRAMER• CLINTON F.SWIFT W W W.LLOLAW.COM KELLY J.CUSIER 721 EAST LINCOLN WAY CHEYENNE,WY 82001 TELEPHONE:90789&2480 'Also admitted In Wyoming +Also admitted in WIemmin July 31, 2009 Weld County Department of Planning Services 918 10th Street Greeley, CO 80631 ATTN: Kim Ogle Re: RE-4859 and USR 1680 Dear Kim: This is in response to your letter of July 23, 2009, received in this office on July 27, 2009 regarding RE4859, which serves to raise a point of confusion because your letter indicates that there has been "no further contact with our department"since the approval of the Recorded Exemption, and that the Recorded Exemption plat has not been submitted for recording. This matter was commenced as a combined Recorded Exemption and USR application, as both the USR and the Recorded Exemption are interdependent. That is, since the commencement of this application the Recorded Exemption was dependent upon the USR being approved, the combined applications having been`submitted in order for a public utility to acquire a parcel for the installation of domestic water tanks. If the USR was not approved, then the Recorded Exemption would not be needed. Weld County Planning was aware of this when the Recorded Exemption was approved last December, and was amenable to allowing the recordation of the Recorded Exemption plat to be subject to the USR approval. Following the approval of the USR in March, 2009, I have had several meetings and discussions with Planner Chris Gathman about the pre-requisites for getting the USR and Recorded Exemption plats recorded. In those discussions, it was determined that the Recorded Exemption Plat will be recorded only after the USR Plat is recorded, so as to maintain consistency with the legal description of the USR, as recording the Recorded Exemption Plat will amend the legal description assigned to the USR. Shortly after the resolution was passed, the applicant reviewed the landscape plan with the County, and the plan was revised as per the USR resolution to address the concerns of nearby landowners. The revisions were made in accordance with the discussions with Weld County Planning, and the revised USR plat and the Recorded Exemption Plat were submitted to the County, along with a proposed improvements agreement (and exhibits A and B thereto) on May 15, 2009. In response to the May 15, 2009 submittal, the applicant received additional comments back from Weld County Planning on June 23, 2009, which concern the USR. With respect the to improvements agreement, Weld County Planning advised that Weld County Public Works is in the process of revising its improvements agreement and requested additional information to be supplied concerning the same. Supplemental information for the new improvements agreement was submitted to the County last week, and the applicant is now waiting to receive the improvements agreement from the County for consideration. Additionally, the June 23, 2009 correspondence from Weld County Planning included comments from Weld County Public Works requesting a re-calculation of the drainage report. Based upon further clarification from Public Works received July 27, 2009, the applicant is presently addressing the requests of Public Works. Once the USR plat can be finalized, subject to the drainage report revision, then the USR plat can be resubmitted for the County's consideration. As the applicant has already submitted the Recorded Exemption plat to Weld County for consideration for recording second in time to the USR plat, please treat this correspondence as satisfying the requirement stated in your July 23, 2009 letter that the RE Plat be submitted within ten days of the letter for recording, in light of these circumstances. If there are any further concerns about this, please don't hesitate to let us know. Si rely, dicia, Chryst n S. Henze, Lind, Lawrence & Ottenhoff, LLP Pc: North Weld County Water District Ted and Jamie Simmons James Martell, Esq. Bruce Barker, Weld County Attorney Chris Gathman, Weld County Planning Don Dunker, Weld County Public Works (ectr.N. DEPARTMENT OF PLANNING SERVICES Greeley Planning Office 918 Tenth Street Co lorado Coll orado 80631 WEBSITE: www.co.weld.co.us E-MAIL: kogle@co.weld.co.us WI I D C PHONE (970) 353-6100, EXT. 3549 FAX (970) 304-6498 COLORADO July 23, 2009 Jamie & Ted Simmons 5208 Keystone Creek Ct Ft Collins, CO 80528 Subject: Conditions of Approval: RE-4859 Dear Mr. & Mrs. Simmons: On December 22, 2008 your application for Recorded Exemption was approved by the Weld County Board of County Commissioners with specific Conditions of Approval. One of the required Conditions of Approval grants applicants sixty (60) days to submit a Mylar Plat. Should you choose not to complete the Recorded Exemption process and provide the required Mylar Plat, the Department of Planning Services will need to be notified in writing of your decision. There has been no further contact with our department. Given this current situation, there are two options available to address the resolution of this condition. Submit the required documentation and two copies of the paper plat within 10 working days of the date of this letter, or formally withdraw the application in writing to this office. If you do not formally withdraw your application and/or are unable to meet the Conditions of Approval, your case will be scheduled for a hearing before the Weld County Board of County Commissioners. Planning Staff will be recommending denial or your request at this hearing. If your application is denied by the Board of County Commissioners, the decision could effect future land development applications located on this parcel. Withdrawing applications will not generally effect future applications. Planning Services Staff is aware of the difficulty and associated delays in meeting the Conditions of Approval normally associated with land use cases, and is willing to work with you in completing your request. Please notify the Department of Planning Services, in writing, within 10 working days of your decision. Planning Services Staff can be contacted at the above address or phone number. Sincerely, Kim Ogle Planning Services cc: Chrysten Hinze, Lind Lawrence & Ottenhoff, 355 Eastman Park Dr Ste 200, Windsor CO 80550 Case File: RE-4859 DEPARTMENT OF PLANNING SERVICES a ss NORTH OFFICE bTo 918 10'"Street GREELEY, CO80631 PHONE: (970) 353-6100, Ex t. 3540 FAX: (970) 304-6498 COLORADO October 20, 2008 Jamie &Ted Simmons do Lind, Lawrence&Ottenhoff, LLP 355 Eastman Park Dr, Ste 200 Windsor CO 80550 Subject: RE-4859-A Recorded Exemption located on a parcel of land described as Lot B 2n°AmRE-2992; Part of SW4 Section 6, T7N, R67W of the 6th P.M., Weld County, Colorado. Dear Applicants: Your recorded exemption application is being processed. If it is determined that the application meets the approval criteria of Chapter 24 of the Weld County Code, you will be notified that the recorded exemption is approved. If the staff determines that the application does not meet the approval criteria or if staff has concerns with the application, staff may elect to forward the application for review to the Board of County Commissioners. You will be notified and asked to appear before the Board of County Commissioners at a public hearing. You will be informed of the hearing date prior to the hearing. The Board of County Commissioners will then consider your application and make a final decision on the recorded exemption. It is the policy of Weld County to refer an application of this nature to any town or municipality lying within three miles of the property in question or if the property under consideration is located within the comprehensive planning area of a town or municipality. Therefore,our office has forwarded a copy of the submitted materials to the Severance Planning Commission for their review and comments. It is recommended that you and/or a representative be in attendance at the Severance Planning Commission meeting to answer any questions the Commission members may have with respect to your application. Please call Severance at 970-686-1218, for further details regarding the date, time, and place of this meeting. If you have any questions concerning this matter, please call me. Sincerely, Chris Gathman Planner LIND, LAWRENCE & OTTENHOFF LLP Attorneys and Counselors at Law 355 EASTMAN PARK DRIVE,SUITE 200 WINDSOR,COLORADO 80550 GEORGE H.I TTENHOFF TELEPHONE:970-874-9888 BRADLEY C.GRASMICK KENNETH F.LIND TELECOPIER:970-674-9535 DAVID P.JONES KIM IL LAWRENCE chrys©llolaw.com CHRYS I EN S.HINZE P.ANDREW JONES THEODORE J.FINN JAMES D.BRAMER• MEGAN R.PETERSON+ CLINTON P.SWIFT WW W.LLOLAW.COM ICELLYJ.CUSTER 721 EAST LINCOLN WAY CHEYENNE,WY 82001 TELEPHONE:307-635-2480 'Also admitted in morning +Also admitted in Wisconsin October 15, 2008 Weld County Department of Planning Services North Weld Building 918 10th Street Greeley, CO 80631 ATTN: Tom Honn and Chris Gathman Via hand delivery Re: Applications as to combined Two-Lot Recorded Exemption Application and USR Application concerning a Major Facility of a Public Utility as to proposed Lot A Parcel: Lot B of AM RE 2992, Section 6, Township 7 North, Range 67 West Gentlemen: In follow-up to the preliminary review and resulting comments concerning the above- referenced applications, enclosed please find the application documents as itemized below. The USR plat has been amended as requested by Weld County Public Works. I understand the application certifications are deemed current as the applications were submitted for preliminary review on September 29, 2008. I. For a second amended recorded exemption: (a) Application form with agent authorization (Original plus 14 copies) (b) Recorded Exemption questionnaire (Original plus 14 copies) (c) 8% by 11" sketch map (with attachment identifying access) (Original plus 14 copies) (d) Weld County Road Access Information Sheet (Original plus 1 copy) (e) Copy of deed identifying applicants' ownership of the subject parcel (f) Letter from North Weld County Water District (domestic service) (two copies) (g) Copy of Water Shares (irrigation) (two copies) (h) Certificate of Conveyances and attachments (i) Statement of taxes due from the Weld County Treasurer (j) Payment in the amount of$201.00 for the application and the recording of the plat. II. For a Use By Special Review permit: (a) Application form with agent authorization (original plus 19 copies) (b) Special Review plat map (24" x 36") (20 copies) (c) Special Review plat map (81/2" x 11", with attachment identifying access) (d) Special Review Use Questionnaire and Supplemental Responses concerning Major Facility of a Public Utility, with alternate site analysis attached . (original plus 19 copies) (e) Weld County Road Access Information Sheet (original plus 19 copies) (f) Letter from North Weld County Water District (domestic service) (two copies) (g) Deed identifying fee interest in the parcel , one copy (h) Certificate of conveyances and attachments (i) Soils Report (two copies) (j) Geotechnical Report (k) Affidavit and certified lists of names/addresses/parcel information assigned by the Weld and Larimer County Assessors (I) Property Statement of taxes due from the Weld County Treasurer (m) Preliminary Drainage Report (proposing detention pond) (n) Payment in the amount of $ 5,021 .00 for the application and the recording of the plat. Please note that, pursuant to North Weld County Water District's Eminent Domain proceedings before the Weld County District Court, Civil Action No. 08 CV 199, the District presently has requested, and obtained , immediate possession of an easement for access to proposed Lot A, as well as one for a water pipeline from WCR 13 to the subject parcel. The location and legal description of the access and water line easements are attached to the Recorded Exemption sketch map and are indicated on the USR plat enclosed with the respective applications. Thank you for your attention to this matter, and please do not hesitate to contact me with any questions or concerns about the applications. Sincerely, LIND, LAWRENCE & OTTENHOFF, LLP r'? Chrysteh S. kinze End. rT � APPLICATION FLOW SHEET COLORADO YIF`PA APPLICANT: Simmons CASE#: RE-4859 REQUEST: Two-Lot Recorded Exemption. LEGAL: Lot B 2ndAMRE-2992; Part of SW4 6-7-67 LOCATION: Approximately 1/8 mile east of County Road 13 and 1/2 mile south of County Road 86 PARCEL ID #: 0705 06 300052 ACRES: +/- 5.7 acres Date By Application Received 10/15/08 Application Completed 10/15/08 Referrals listed 10/20/08 CG Vicinity map prepared File assembled I nf,1/0$ IOC Case logged in computer Letter to applicant mailed Referrals mailed Field check by DPS staff Administrative Review decision: 1\-0017A.142— Board of County Commissioners hearing(if applicable) Date By County Commissioners Hearing Date Surrounding property owners notified Presentation prepared CC action: Lc9- 12/22/ 20023 CC resolution received Date13,Plat recorded and filed 09 / I 0 om,/ Overlay Districts Zoning Agricultural MUD Yes No_X_ IGA Yes No_X_ Airport Yes No_X_ Geologic Yes No_X_ Flood Hazard Yes No_X_Panel#080266 RECORDED EXEMPTION (RE) APPLICATION FOR PLANNING DEPARTMENT USE DATE RECEIVED : RECEIPT/AMOUNT # __/$ _ CASE # ASSIGNED : _ APPLICATION RECEIVED BY PLANNER ASSIGNED : Parcel Number 0 7 0 5 _ 0 6 - 3 - 0 0 - 0 5 2 (12 digit number - found on Tax I.D. information, obtainable at the Weld County Assessors Office, or www.co.weld.co.us). Legal Description Lot B Amended RE 2992 , Section 6 , Township 7 North, Range 67_West Has the property been divided from or had divided from it any other property since August 30 , 1972? Yes x No Is this parcel of land, under consideration , the total contiguous land owned by the applicant? Yes x No FEE OWNER (S) OF THE PROPERTY: Name: Jamie M . and Ted V . Simmons Work Phone # _Home Phone # Email Address tsimmons®NewLifecomp . com Address: 5208 Keystone Creek Court City/State/Zip Code Fort Collins , CO 80528 APPLICANT OR AUTHORIZED AGENT (See Below: Authorization must accompany all applications signed by Authorized Agent) • Name: LIND , LAWRENCE & OTTENHOFF , LLP ( Chrysten S . Hinze ; Kenneth F . Lind) Work Phone # ( 970 ) 674 - 9888 Home Phone # Email Address chrys©llolaw . com ; _ Address: 355 Eastman Park Drive , Suite 200 ken@llolaw . com City/State/Zip Code Windsor , Co 80550 Lot A Lot B Lot C Lot D Smaller Parcel Water Source NWCWD ( Proposed) NWCWD ( Proposed) Type of Sewer N/A Septic ( Proposed) Proposed Use Water Tank Storage Ag/Res Acreage 5 . 7 acres +/ - 44 . 9 acres +/ - Existing Dwellings? If Yes, list address If Yes , list address If Yes, list address If Yes , list address below: below: below: below: 2 - / none J ., t9. ,a,pr /3 /// y9e/ CRC �( /' * If the property is vacant or unimproved write proposed water source and proposed sewer system for each parcel in the blanks above. For example, if a well and septic is proposed state: proposed well, proposed septic. I (We) request that the following described property be designated a Recorded Exemption by the Weld County Board of County Commissioners . I (We) hereby depose and state under penalties of perjury that all statements, proposals, and/or plans submitted with or contained within the application are true and correct to the best of my (our)knowledge . Signatures of all fee owners of property must sign this application . If an Authorized Agent signs, a letter of authorization from all fee owners must be included with the application . If a corporation is the fee owner, notarized eviQence must be in ded sh wing the signatory has to legal authority to sign for the corporation. � ./ Sig ture: wner or- on a gent D to Signature: Owner or Authorized Agent Date -4- • • RECORDED EXEMPTION (RE) APPLICATION FOR PLANNING DEPARTMENT USE DATE RECEIVED: -------------- RECEIPT/AMOUNT #_ ____/$__ CASE # ASSIGNED: --------- APPLICATION RECEIVED BY PLANNER ASSIGNED_ __ ____ Parcel Number 0 7 0 5 - 0 6 - 3 - 0 0 - 0 5 2 (12 digit number-found on Tax I.D. information,obtainable at the Weld County Assessor's Office,or www.co weld.co.us). Legal Description Lot B Amended RE 2992 , Section _ 6 , Township ' North, Range 67_West Has the property been divided from or had divided from it any other property since August 30, 1972? Yes x No _ Is this parcel of land, under consideration,the total contiguous land owned by the applicant? Yes x_ No_ FEE OWNER(S) OF THE PROPERTY: Name: Jamie M. and Ted V. Simmons Work Phone# Home Phone#— Email Address tsimmons@NewLifeComp.com Address: 5208 Keystone Creek Court City/State/Zip Code Fort Collins, CO 80528 APPLICANT OR AUTHORIZED AGENT (See Below:Authorization must accompany all applications signed by Authorized Agent) Name: LIND, LAWRENCE & OTTENHOFF, LLP (Chrysten S. Hinze; Kenneth F. Lind) Work Phone#S9?01_674-9888 Home Phone# Email Addresschryo!llolaw.com; Address: 355 Eastman Park Drive, Suite 200 ken@llolaw.com City/State/Zip Code Windsor, CO 80550 Lot A Lot B Lot C Lot D Smaller Parcel Water Source NWCWD (Proposed) NWCWD (Proposed) Type of Sewer N/A Septic (Proposed) Proposed Use Water Tank Storage Ag/Res Acreage 5.7 acres +/- 44.9 acres +/- Existing Dwellings? If Yes, list address If Yes, list address If Yes, list address If Yes, list address below: below: below: below: none none If the property is vacant or unimproved write proposed water source and proposed sewer system for each parcel in the blanks above. For example, if a well and septic is proposed state: proposed well, proposed septic. I (We) request that the following described property be designated a Recorded Exemption by the Weld County Board of County Commissioners. I (We) hereby depose and state under penalties of perjury that all statements, proposals, and/or plans submitted with or contained within the application are true and correct to the best of my(our)knowledge. Signatures of all fee owners of property must sign this application. If an Authorized Agent signs, a letter of authorization from all fee owners must be included with the application. If a corporation is the fee owner, notarized eviclecice must be iny`tuded shcwing the signatory has to legal authority to sign for the corporation. Sig ture: ori a gent D tie Signature: Owner or Authorized Agent Date -4- • • Chrysten S. Hinze, Attorney LIND, LAWRENCE & OTTENHOFF, LLP 355 Eastman Park Drive, #200 Windsor, CO 80550 RE: Second Amended Recorded Exemption, SW1/4, Sec. 6, T7N, R67W This letter is to provide authorization for LIND, LAWRENCE & OTTENHOFF, LLP, its members, agents and employees, to act on behalf of Ted V. and Jamie M. Simmons as their agent concerning their application to Weld County for a second amended recorded exemption as referenced above. PC �'i/ /1iV1/LVv� / Teed V. Simn76n_ Date: ( %2 b 0 tatatt J mie M. Simmons Date: I/416 k RECORDED EXEMPTION QUESTIONNAIRE 1. Water supply statements addressing the following: a. Domestic use. The statement will include evidence that a water supply of a sufficient quality, quantity and dependability will be available to serve all proposed lots. A letter from a water district, municipality, or a well permit are example of evidence for domestic use. (Example—"Water will be provided by the 123 Water Company, a tap agreement has been purchased and a copy of the receipt is attached," or "Water will be provided by a well (Well Permit#12345 is attached.") b. Irrigation water. The statement will include the type and quantity of irrigation water to the site, whether irrigation water has been removed from the site, a copy of the purchase agreement addressing this item is attached. ANSWER: Domestic water will be available to serve all proposed lots. See letter from North Weld County Water District, attached. Irrigation water is available to the site as follows: One share of the North Poudre Irrigation Company, see copy enclosed with the application. 2. A statement explaining that the proposed lots will have an adequate means for the disposal of sewage in compliance with the requirements of the underlying zone district and the Weld County Department of Public Health and Environment. A copy of the septic permit or a letter from the sewage disposal facility must accompany the application. ANSWER: No residential buildings are currently on either lot. Should the lots be developed for residential use in the future, the owner will comply with all requirements of the Weld County Department of Public Health for constructing such improvements on the lots as would require installation of sewage disposal facilities. 3. A description of how the property is being used. When the parcel(s) is located in the agricultural zone district, the number and types of livestock and any existing improvements such as the principal residence, labor home, mobile home, manufactured home, barn, outbuildings, and oillgas well production facilities on the property. If the property is being farmed, the location of any pivot sprinklers and irrigation ditches, as well as types of crops being produced. ANSWER: The property is presently being farmed for hay. Ditches are indicated on the sketch plat enclosed with the application. There are no pivot sprinklers and no mineral well heads or tank batteries on the parcel. The sole improvement on the parcel is a barn, as indicated on the sketch plat enclosed with the application. 4. A description of the location, size, present and future use of the area where the proposed new lot(s) will be created. ANSWER: Lot A will consist of approximately 5.7 acres, more or less, and will be located in the northwest corner of the current parcel. Subject to the approval of an Application for Use by Special Review submitted concurrently with this Application, Lot A will be used for domestic water storage by North Weld County Water District. A thorough description of this proposed use is provided in the application for Use By Special Review which is submitted concurrently with this Application. Lot B will consist of approximately 44.9 acres and will continue to be used for agriculture, and a residence may be constructed on the parcel in the future. 5. A statement describing any unique characteristics on the site, if applicable, such as rock outcroppings, hills, ditches. ANSWER: None, except ditches which are indicated on the sketch map included with this application. 6. A statement indicating where a primary building envelope and/or alternative building envelope will be designated on any of the lots. ANSWER: A building envelope for Lot A is indicated on the sketch map included with this application. Applicant does not presently intend to designate a building envelope on Lot B. 7. Is there a Business or Use by Special Review permit on the property? If so, will it be vacated or remain on the Recorded Exemption lot(s)? ANSWER: No business or Use By Special Review permit presently exists; however, concurrently with this Application, application is being made for a Use By Special Review concerning Lot A. 8. Miscellaneous: Waiver of 5-Year Limitation of Future Land Exemption as to Lot B It is recognized the designation of Proposed Lot A could have otherwise been accomplished through condemnation by the North Weld County Water District, a political subdivision of Colorado, for whose public use and purchase Lot A is being created; however the applicant has agreed with the District to proceed by application for a Recorded Exemption as permitted by Weld County. Accordingly applicant's authorized agents have discussed with the Weld County Attorney that applicant should not, as a result of voluntarily electing the recorded exemption procedure in lieu of requiring condemnation, be subject to the five year ban on subsequent divisions of Lot B. Therefore, the approval of this application and the recorded exemption plat should include a notation that Lot B of this proposed Recorded Exemption shall not be subject to the five-year prohibition against future land exemption, such as is set forth in Weld County Code Section 24-8-20, or any prohibition against future land division exemption which might otherwise apply as a result of this recorded exemption. SEP-23-2008 TUE 09:48 AM FAX NO, P. 01/01 Report Date: 0912312008 09:47AM WELD COUNTY TREASURER Page; 1 STATEMENT OF TAXES DUE SCHEDULE NO: R1375402 ASSESSED TO: SIMMONS TED V & ' 5208 KEYSTONE CREEK CT „�� FORT COLLINS, CO 80528-8556 LEGAL DESCRIPTION: PT SW4 6-7-67 LOT B AMD REC EXEMPT RE-2992 92 SITUS:WELD 000000000 • �r PARCEL: 070506300052 PAID TOTAL DUE TAX YEAR CHARGE TAX AMOUNT INTEREST F 0 S 5P 0.00 TAX 542,84 '10.85 0.00 2007 TOTAL TAXES 0.00 GRAND TOTAL DUE GOOD THROUGH 09/2312008 �- O ORIGINAL TAX BILLING FOR 2007 TAX DISTRICT 2411 Amount Values Acl n71 Assessed Authority MITI Levy 22, irl1 6,530 WELD COUNTY 16.604" 109.72 AGRICULTURAL ^^ SCHOOL DIST RE4 46.114 301.23 6.53 _TOTAL 22 's'31 6,530 NCW WATER 1.000 6.50 NWC WATER 0.000 POUDRE VALL FIRE 9,301 ' 60.74 AIMS JUNIOR COL 6.308 41.19 WINDSOR LIBRARY 3.557 23.23 TAXES FOR 2001 83.099' 542.64 _ * Credit Levy ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE .PENHOLDERBE OR TO ADVERTIING AND DISTRAINT WARRANT CONTACTED TO CTED PRIFEES. OR REMITTANCE AFTER THE FOLLOWING DATES:PERSONAL PROPERTY ND MOBILE HO Il!OCCUR AND THE TREASURER'S OFEICE gLLL NEED TO p-AUGUST 1, REAL PROPERTY-AUGUST 1. TAX LIEN SALE REDEMPTION AMOUNTS MUST BE PAID BY CASH OR CAS IIIa:RS CHECK. P.O. Box 458 Greeley,CO 30632 • (970)353-3345 ext.3290 . WELD COUNTY TREASURER • • Pursuant to the Weld County Subdivision Ordinance,the attached Statement l)i of Taxes Due, issued by the Weld County Treasurer, are evidence that, as of this date,all pro] city taxes, special assessments and prior taxes liens currently due and payable connected with 1 t!:parcel(s) identified therein have been paid in Atli, 9/A U,s AVsign d /; ` S�� Date : . Post-It'Fax Note 7671 !Date $2J/'O, an, To 77/ From WI' !!. Co./Pept. Co. Phony# Phone t Fan& e , Fax it REFERRAL LIST Name: Simmons Case,. RE-4859 County Towns&Cities Fire Districts _Attorney _Ault _Ault F-1 x Health Department _Berthoud _Berthoud F-2 _Extension Office Brighton _Briggsdale F-24 _Emergency Mgt Office- Ed Herring Dacono _Brighton F-3 _Sheriffs Office _Eaton Eaton F-4 _ x Public Works _Erie _Fort Lupton F-5 _Housing Authority _Evans _Frederick _Airport Authority _Firestone _Galeton F-6 _Building Inspection _Fort Lupton _Hudson F-7 x Code Compliance Ann _Frederick _Johnstown F-8 _Kim Ogle(Landscape Plans) _Garden City _LaSalle F-9 _Lin (Addressing Change of Zone) _Gilcrest _Mountain View F-10 Ambulance Services _Greeley _Milliken F-11 _Grover _Nunn F-12 State _Hudson _Pawnee F-22 Div._ of Water Resources Johnstown _Platteville F-13 Geological Survey _Keenesburg _Platte Valley F-14 _Department of Health _Kersey x Poudre Valley F-15 _Department of Transportation _LaSalle _Raymer F-2 _Historical Society _Lochbuie _Southeast Weld F-16 _Water Conservation Board _Longmont _Union Colony F-20 _Oil &Gas Conservation Commission _Mead Wiggins F-18 _Milliken Windsor/Severance F-17 Division of Wildlife _New Raymer _South Hwy 66(Loveland) _Northglenn x North Hwy 66 (Greeley) _Nunn _Division of Minerals/Geology _Pierce _Platteville Commissioner Soil Conservation Districts x Severance _Big Thompson/ FTC _Thornton _Boulder Valley/Longmont _Windsor _Brighton/SE Weld Centennial Counties _Greeley/West Greeley _Adams _Platte Valley _Boulder West Adams _Broomfield _Little Thompson x Larimer Federal Government Agencies Other _US Army Corps of Engrs x School District RE-4 _USDA-APHIS Vet Service _Central Cob. Water Cons _Federal Aviation Admin (Structures _RR over 200 ft or w/in 20000 ft of Pub x Larimer County Canal Airport _Art Elmquist(MUD Area) _Federal Communications Comm Name: ��✓ �dv1 S REFERRAL LIST -- � gcl Coun Case#: P "[9S Attorney Towns&Cities Fire Districts Health Department .—Ault Ault F-1 —Extension Office —Berthoud _Berthoud F-2 —Emergency Mgt Office-Ed —Brighton —Briggsdale F-24 Sheriffs Office Herring Dacono —Brighton F-3 7\ Public Works —Eaton — Eaton F-4 —Housing Authority —Ere Fort Lupton F-5 Evans —Airport Authority Galeton F-6 —Building Inspection Z —Firestone _Hudson F-7 Code Compliance KN.-Ann_S-Beth —Fort Lupton —Johnstown F-8 — c kKim Ogle(Landscape Plans) _Garden City _LaSalle F-9 —Lin(Addressing Change of Zone) —Gilcrest —Mountain View F-10 —Ambulance Services _Milliken F-11 —Greeley _Nunn F-12 State Grover Pawnee F-22 Hudson Div. of Water Resources — _ Platteville F-13 —Geological Survey —Johnstown _Platte Valley F-14 Department of Health Keenesburg APoudre Valley F-16 _Department of Transportation —Kersey Raymer F-2 _Historical Society —LaSalle —Southeast Weld F-16 —Water Conservation Board —Longmont t —Wiggins F-18 _Union Colony F-20 —Oil&Gas Conservation Commission — Mead Windsor/Severance F-17 Division of Wildlife Milliken — _South Hwy 66(Loveland) New Raymer Legal —Northglenn Parcel ID# ,North Hwy 66(Greeley) _Nunn Division of Minerals/Geology Zone Acres? —Pierce USDA _Platteville Airport Soil Conservation Districts )( Severance —Big Thompson/FTC —T Geo Haz hornton —Boulder Valley/Longmont _Windsor FP? Panel# Brighton/SE Weld IGA? ORD# Centennial MUD? Counties _Greeley/West Greeley —Adams —Platte Valley —Boulder _ West Adams —Broomfield Little Thompson x Larimer I I I H. Federal Government A encies Other —J _US Army Corps of Engrs X School District RE-`'\ USDA-APHIS Vet Service _Central Colo.Water Conservancy Dist Federal Aviation Admin(Structures _RR over 200 ft or w/in 20000 ft of Pub Ditch Company,_(=c, cc\mow, Airport —Art Elmquist(MUD Area) —Federal Communications Comm — t` I I (� Commissioner weld County Planning Department GREELEY OFFICE tsi.;••••,:, OEC p17(108 (a RECEIVED Weld County Referral 111 C. OCT 2 3 2008 October 20, 2008 COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Simmons Case Number RE-4859 Please Reply By November 20, 2008 Planner Chris Gathman Project Two-Lot Recorded Exemption Legal Lot B 2n°Am RE-2992; Part of SW4 Section 6, T7N, R67W of the 6th P.M., Weld County, Colorado, Location Approximately 1/8 mile east of CR 13 and 1/2 mile south of CR 86. For a more precise location, see legal. Parcel Number 0705 06 300052 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. ❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan %We have reviewed the request and find no conflicts with our interests. d See attached letter. ❑ Please notify me of any public hearings regarding this request. rnmments• Signature c��s ' /1 _7 5"(/(/ Agency 1-t-L tt4tKs Date +Weld County Planning Dept. +918 10th Street Greeley,CO.80631 ✓.•(970)353-6100 ext.3540 +(970)304-6498 fax (ifte Weld County Planning DepeWeld County Referral ' GREELEY OFFICE C. N0V ?_ 1 7nnfl October 2O, 2008 COLORADO RECEIVED • The Weld County Department of Planning Services has received the following item for review: Applicant Simmons Case Number RE-4859 Please Reply By November 20, 2008 Planner Chris Gathman Project Two-Lot Recorded Exemption Legal Lot B 2n°Am RE-2992; Part of SW4 Section 6, T7N, R67W of the 6th P.M., Weld County, Colorado. Location Approximately 1/8 mile east of CR 13 and 1/2 mile south of CR 86. For a more precise location, see legal. Parcel Number 0705 06 300052 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. ❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan ❑ We have reviewed the request and find no conflicts with our interests. 14 See attached letter. .4 Please notify me of any public hearings g regarding this request. Comments 14 �V� Signature `\< L, t9 103 Agency OA + c 27. Date �I AJI �—o+ �G. vWeld County Planning Dept. +918 10th Street Greeley,CO.80631 4*(970)353-6100 ext.3540 +(970)304-6498 fax OCT-31 -2008 FRI 09 : 02 AM WINDSOR SCHOOL DISTRICT FAX NO. 970 686 5280 P. 01 Weld County Referral VIVDt RECD OCT 24 2008 October 20, 2008 COLORADO The V4 eld County Department of Planning Services has received the following item for review: App/, ant Simmons Case Number RE-4859 Pleat e Reply By November 20, 2008 Planner Chris Gathman Proje :t Two-Lot Recorded Exemption Legs Lot B 2"° AmRE-2992; Part of SW4 Section 6, T7N, R67W of the 6th P.M., Weld County, Colorado. Local bn Approximately 1/8 mile east of CR 13 and Y4 mile south of CR 88. For a more precise location, see legal. Parse I Number 0705 06 300052 The ap 111cation is submitted to you for review and recommendation. Any comments or recommendation you considr it relevant to this request would be appreciated. Please reply by the above listed date so that we may give fu consideration to your recommendation. Any response not received before or on this date may be deeme t to be a positive response to the Department of Planning Services. If you have any further questions regardi ig the application, please call the Planner associated with the request. Please note that new inform Mon may be added to applications under review during the review process. If you desire to =emir e or obtain this additional information, please call the Department of Planning Services. ❑ We lave reviewed the request and find that it does /does not comply with our Comprehensive Plan ❑ We lave reviewed the request and find no conflicts with our interests. See attached letter. ❑ Plea se notify me of any e _ public hearggin�sregardd regarding this request. Ct1almE cLs _ QIL Citgad Signet ire Sep-Ant(A t t� V " a: ` Y% O -31-0 8 Witt I Agenc i ,t( Re Date f W eld County Planning Dept. +91810^ Street Greeley. Co. 80631 4(070) 363-6100 ext3540 +(970)3046498 fax 1 ret (73/4 Weld County Referral October 20 , 2008 • COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Simmons Case Number RE-4859 Please Reply By November 20; 2008 Planner Chris Gathman Project Two-Lot Recorded Exemption t Legal Lot B 2' Am RE-2992; Part of SW4 Section 6, T7N , R67W of the 6th P . M . , Weld County, Colorado. Location Approximately 1 /8 mile east of CR 13 and 1/2 mile south of CR 86. For a more precise location, see legal. Parcel Number 0705 06 300052 ,4"-% -S.---•.Z`.S.......t�r-`,r r...�...��92:Y":..St3....b.... R. .rvr..^.l.M'T:MW#N.04..'4*. .. V^'.�SC(�R}rY.Y". .w.a.s✓9.Y...lr... The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated . Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. J We have reviewed the request and find that it does / does not comply with our Comprehensive Plan J We have reviewed the request and find no conflicts with our interests. J See attached letter. U Please notify me of any public hearings regarding this request. Comments. t1/4r'7 4 c vii Gam) �C�l� /! 4 din' (Iasi, 3 4 r IO ban-A d p i Signature • eP 1 -0 $ Agency (j Date ❖Weld County Planning Dept. ❖918 10'" Street Greeley, CO. 80631 ❖(970) 353-6100 ext.3540 ❖(970)304-6498 fax OCT-23-2008 THU 12:56 PM SOUTHWEST WELD PLANNING FAX NO. 720 652 4211 P. 02 28-0CT-100! 11:BIAM FA0BI- T-Bts P.004/004 F-Bit tirMN RECEIVED 0CT 222006 Weld County Referral ingikOctober 20, 2008 COLORADO The Weld County Department of Planning Services has received the following Item for review: Applicant Simmons Case Number RE-4859 Phase Reply By November 20,2008 Planner Chris Gathman Project Two-Lot Recorded Exemption Legal Lot B 2^°AmRE-2992;Part of SW4 Section 6,T7N, R87W of the eth P.M weld County,Colorado. Location Approximately 1/8 mile east of CR 13 and 14 mile south of CR tie. For a mom precise location,see legal. Parcel Number 070606 300052 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this requestwould be appreciated. Please reply by the above listed dada so that we may give full consideration to your recommendation. Any response not received before or on this date mey be deemed to be a positive response to the Department of Planning Services. N you have anyfufher questions regarding the application, please pas the Planner associated with the request. Please note that new Information may be added to applications under review during the review process. If you desks to examine or obtain this additional information,please call the Departmarn of Planning Se vices- O We have reviewed the request end find that it does/does not comply with our Comprehensive Plan $( 146 hen reviewed the request and find no conflicts with our Interests. O Sea attached tatter; O Please notify me of any public hearings regarding this request. �dl`nay.Mr Signature S Sera, to.a 6-off Agency' "d-if Co P «.�.,c_n Dew *Weld Calmly Plarmino Os. owls 1cr gnat °moor.,,oo.400101 +<OTh)on-eioo a a*,o Silern eoq.wat!110 cif( Weld p GREELEY OFFICE" "/d County Referral inkOCT 24 Inns October 20, 2008 RECEIVED COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Simmons Case Number RE-4859 Please Reply By November 20, 2008 Planner Chris Gathman Project Two-Lot Recorded Exemption Legal Lot B 2n°AmRE-2992; Part of SW4 Section 6, T7N, R67W of the 6th P.M., Weld County, Colorado. Location Approximately 1/8 mile east of CR 13 and '/] mile south of CR 86. For a more precise location, see legal. Parcel Number 0705 06 300052 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. ❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan --We have reviewed the request and find no conflicts with our interests. ❑ See attached letter. U Please notify me of any public hearings regarding ng this n request. Comments. um- of !�GlaLyt/GI 4;14 Signature (1 � /0/2274? Agency �Dn/7✓ D/ S n!,cA�lfG Date ❖Weld County Planning Dept. ❖918 10'"Street Greeley,CO.80631 ❖(970)353-6100 ext.3540 4(970)304-6498 fax Weld County Planning Department GREELEY OFFICE 11V 25 7(]fR rat Memorar TO: Chris Gathman, W.C. Planning EIEND CDATE: November 24, 2008 FROM: Lauren Light, W.C. Department of Public TW COLORADO Health and Environment CASE NO.: RE-4859 NAME: Simmons Environmental Health Services has reviewed this proposal to exempt 5.7 acres from a 50.6 acre site. Proposed lot A will consist of 5.7 acres and proposed lot B will consist of 44.9 acres. Both Lots are vacant; a tap from North Weld County Water District and an Individual Sewage Disposal System will be installed if a residence is built on either parcel. The following conditions are recommended to be part of any approval: 1. A Weld County Septic Permit is required for any proposed facilities septic system and shall be installed according to the Weld County Individual Sewage Disposal Regulations. Please note, the lot owners shall verify with the nearest Town/City or Sanitation District to determine the location of the nearest sewer line. In accordance with the Weld County Code, if a sewer line exists within 400 feet of the property and the sewer provider is willing to serve the proposed structure, a septic permit cannot be granted by the Weld County Department of Public Health and Environment. • MEMORANDUM TO: Chris Gathman, Planning Services C DATE:� � November 25, 2008 O FROM: David Snyder, E.I., CFM, Public Worl%74 SUBJECT: RE-4859, Simmons u�//` COLORADO The Weld County Public Works Department has reviewed this proposal. COMMENTS AND REQUIREMENTS: CR13 is under the maintenance and jurisdiction of Larimer County. Access: Access shall line up with access point across CR 13 just to the north. The internal road(s) shall enter onto CR 13 at a 90° angle, for a minimum of one vehicle length to provide adequate sight distance in both directions. Internal road shall be at same height as existing roadway to provide adequate site distance. The applicant shall indicate specifically on the plat the type of right-of-way/easement that exists on the property. Pursuant to Chapter 15, Articles I and II of the Weld County Code, if noxious weeds exist on the property or become established as a result of the proposed development, the applicant/landowner shall be responsible for controlling the noxious weeds. pc: RE-4859 The applicant shall address the comments listed above for this review process. M:\PLANNING-DEVELOPMENT REVIEW\RE-Recorded Exemption\RE-4859.DOC Weld County Plenning Dr E�EY OFFi 1t s�ido NOV 2 r s,,,, Pou re ire) REC' u t I -Authority/ TO: Chris Gathman, Planner FROM: Carle Dann, Fire Protection Technician, Poudre Fire Authority, phone 970.416.2869 CM) RE: Simmons Two-lot Recorded Exemption (RE-4859) DATE: Nov. 29, 2008 CC: Jamie and Ted Simmons In accordance with the 97 LCLUC 8.1.4c, Other Standards, the Poudre Fire Authority will enforce the 1997 Uniform Fire Code along with its accompanying local ordinances as follows: Poudre Fire Authority has no comments at this time regarding either the exemption or the erection of the two water tanks. However, PFA retains the right to comm ent on any structure built on Lot B, if and when that is proposed. THE WATER SUPPLY AND STORAGE COMPANY P.O.BOX 1584 2319 E.Mulberry Street FORT COLLINS,COLORADO 80522-1584 November 19, 2009 TRANSMITTED BY FAX AND U.S. MAIL Chris Gathman Weld County Planning Dept. 918 10th Street Greeley, Colorado 80631 Re: Case RE-4859, Simmons Two-Lot Recorded Exemption It is difficult to determine from the drawings sent to us,but it appears that the applicant is proposing to use our prescriptive ditch easement along the north side of the Larimer County Canal for road access to Lot B from County Road 13. We are concerned about conflicts in use in that area and about our right to access the ditch for operations and maintenance purposes in the future. We request that you and the Commissioners require the proponent to describe and record a ditch easement on their property which extends from their property line on the north side of the Larimer County Canal to fifty feet from the highwater line on the ditch bank, and which follows the ditch bank throughout its entire length within their parcel(s). A recorded easement will ensure that there is no confusion, for the current or subsequent land owners of these parcels, with respect to the Company's right to access to the north side ditch bank for ditch maintenance and operations. Please contact me at your convenience if you have questions. Please also keep us informed as to future action by the Planning Department or Commissioners on this matter. Sincerely, Dennis J. Harmon General Manager OCT-31-2008 FRI 09:02 AM WINDSOR SCHOOL DISTRICT FAX NO, 970 686 5280 P. 02 • JCATION FOR LIFE ED 4A[DS R Stoplranie 1L VnaCon Assistant superintendent Business Services Octet er 31,2008 Mr. C[iris Gathman Weld County Planning Department 918 1 lth Street Creel,y,CO 80631 RE: Reorded Exemption RE-4859 Dear I Qr. Gathman: ''"he above referenced Recorded Exemption is a proposed amendment for two lots on about 50 acres 1 xated south of Weld County Road 86 and cast of Weld County Road 13. It is understood that the en aller lot of 5.7 acres would be used for a North Weld County Water District storage tank and the ref minder(44.9 acres)will remain agricultural use with potential for one residential unit. Thus,no chang,•is anticipated in allowed housing units. As a result,the District has no objection to approval of this ap olication. 'Tour continuing cooperation is sincerely appreciated, as is the opportunity to comment upon issues of interest to the County, the School District and our mutual constituents. Should you have qucstia ns or desire further information,please contact me at your convenience. Sincerely, S-le pliltirlut, K . LAICLISA Stepha lie R. Watson Assist:nt Superintendent of Business Services WELD COUNTY SCHOOL DISTRICT RE-4 Business Services to:0 Main Street • P.O. Box 609 • Windsor, CO 80550 • (970) 686-8000 • Fax (970) 686.5280 BOARD OF DIRECTORS H7/1-j\ NORTH WELD COUN I r WATER DISTRICT CHARLES ACHZIGER )10) 33247 HIGHWAY 85 • LUCERNE.CO 80646 RALPH PRIOR 2 JOHN JOHNSON DON POSSELT.DISTRICT MANAGER CE BUCK RINEHART PO BOX 56 • PHONE(970)356-3020 • FAX(970)395-0997 NELS NELSON wwatnwcWd org • e-mail: watergInwcwd org June 24,2008 North Weld County Water District 33247 Highway 85-PO Box 56 Lucerne,CO 80646 970.356.3020 This letter is in response to your inquiry regarding water service to the following described property, Approx.41494 WCR 13,Proposed Lot A(NWCWD Tank Site);and Approx.41500 WCR 13,Proposed Lot B(Ted V.Simmons)in a portion of the SW'/4 of Section 6,17N,R67W of the 6"Prime Meridian. Parcel 070506300052 1. Water Service is presently being provided to the above mentioned property through meter-# 2. North Weld County Water District is able and intends to provide water service to the above-mentioned property, provided all requirements of the District are satisfied. If contracts have not been completed with North Weld County Water District within one year from the date of this letter,the District may refuse to supply water to the above-mentioned property. The District reserves this right to refuse service,in the event that raw water is unavailable,and/or pipeline or Filter Plant capacity is not capable to provide additional service. Before a water tap may be purchased,the applicant must provide a copy of a Warranty Deed,a Physical Address,and this letter. 3. As additional consideration for this Letter of Intent to provide service,Property Owner agrees to sign and execute any necessary Easements and Rights-of-Way regarding specific locations,widths,size of pipeline(s)and descriptions for Water Lines as determined by the District. This Agreement is conditional upon execution and recording of the Easement and Right-of-Way Agreement,and until such Easement and Right-of-Way Agreement is finalized to the satisfaction of the District and recorded,District shall not be required to provide any services of any type. 4. The District requests that for any County Process,including but not limited to a Recorded Exemption(RE),Subdivision Exemption (SE),Use by Special Review(USR),Planned Unit Development(PUD),Minor Subdivision or Off-Site Construction Plans within Weld or Lorimer County that the respective County place North Weld County Water District on the referral list. Furthermore,the District requests that the applicant submit the plat to North Weld County Water District for review prior to submitting the plat to the County for filing. The District may need additional waterline easement(s)or waterline improvements to provide service to the parcels being created or modified. If the plat is recorded without District approval,additional easements may have to be recorded and/or additional waterline improvements will need to be constructed in order to maintain or establish new water service(s). 5.The District recommends that based on the number of family members and livestock along with other information provided in the Water Tap Request Form,your irrigated landscaping square footage not exceed approx.6,000 square feet. The recommendation is based on the Full Standard Tap allocation and should be utilized to optimize delivery without surcharge Additional allocation should be purchased for landscaping areas larger than the recommended area. 6. The District recommends that anticipated raw water be purchased through the District. The District guarantees treatment and deliveryof raw water purchased. All water that is delivered over the allocation(with surcharge)Is subject to water availability. Water purchased through the District shall be 70%delivery of an Acre-Foot of water,if the allotment for Colorado-Big Thompson(CBT)project water,which is determined by the Northern Colorado Water Conservancy District,is 50%or greater. North Weld County Water District will restrict the delivery as necessary when the CBT allotment is less than 50%. A portion of the Raw Water Fee is utilized by the District to construct storage reservoirs. 7. Tap Options and Requirements A. The District offers a Full Standard Tap option for those landowners with lot sizes greater than 0.33 Acres(14,500 sq ft). This option allows the tap to utilize 228,000 gallons of water and plant investment capacity during a water year for delivery without surcharge. B. For landowners with lot sizes greater than 0.20 acres(8,800 sq ft)but less than 0.33 Acres(14,500 sq ft)OR those landowners with verifiable irrigation rights or well permits for outside water use,the District offers a 75%Tap option. This tap provides the landowner with 171,000 gallons of Water and Plant Investment capacity during a water year for delivery without surcharge. The fees are 75%of the Full Standard Tap Fees. C. The District offers a third option for those landowners with lots less than.2 acres(8,800 sq ft)or with a Board Approved Irrigation System or Board Approved Commercial Enterprise. This tap allows the landowner to utilize 50%of the Full Standard Tap or 114,000 gallons per water year for delivery without surcharge. The fees for this option are 50%of the Full Standard Tap Fees. Refer to the following page for a break down of the Districts'Tap Fees,Usage Rates,and Surcharge Rates. Sincerely, Alan Overton North Weld County Water District N\slat Do,umcnts.l.cttrr ul Inlenil2 W 8NN W C W DI enkSnc00-24-08I doc I oft BOARD OF DIRECTORS H j NORTH WELD COUN I f WATER DISTRICT CHARLES ACHZIGER 0 ` ( 33247 HIGHWAY 85 • LUCERNE.CO 80646 RALPH PRIOR 2 i Q JOHN JOHNSON (` DON POSSELT,DISTRICT MANAGER CE BUCK RINEHART PO BOX 56 • PHONE(970)356-3020 • FAX(970)395-0997 NELS NELSON www nwewd org • e-mail water@nwcwd org June 24,2008 The Tap Fees quoted below,shall be valid for ten(10)business days from the date the applicant receives this letter and the tap tees must be paid within the ten(10)business days to receive the fees as quoted below. The Meter Set Fee as stated below is valid only for the location shown on the attached map.(For this Letter of Intent,see Site and Landscape Plan Plats) After ten(10)business days,the costs will be subject to the then in effect rates(current cost)established by the District. The District is not responsible for notifying individuals,banks,lenders,prospective buyers,real estate agents or anyone else,in any manner,of a change of rates and or fees. TAP FEES _ INSTALLATION COST Raw Water for One Acre-Foot Unit(AFU) $11,000 _Meter Set Fee(Line Extension Storage Fee Portion of Raw Water Fee $1,000 Waived Base Portion of Plant Investment Fee $7,500 _ Distance Portion of Plant Investment Fee —. (3 miles) $900 TOTAL Up-Front COSTS For STANDARD TAP(See $20,400.00 __—,Para ra h 5 for tions PER TAP Price is valid for ten(10, business days from receiving this letter. Minimum Pressure 35 psi Normal Pressure Range 120 psi to 125 psi Maximum Pressure 130 psi - — After the water tap has been purchased(Raw Water AFU&Plant Investment Fee)the applicant has one year in which to have the meter set. The District requires 45 days prior notice to setting a meter. If the meter has not been set within twelve months from the purchase date and the applicant requests to relinquish the meter,the District shall refund the applicant 98%of the purchase price paid by applicant. If the meter remains unset for thirteen to eighteen months after the initial purchase date and the applicant requests to relinquish the meter,the District shall refund the applicant 90%of the purchase price paid by applicant. If the applicant does not choose to relinquish the meter within one year of the applicant purchasing the meter and the meter remains unset,the account will begin billing the minimum monthly amount. Us ge Rates and Fees Usage Amount Charge or Rate Per Month 0 to 10,000 gallons $27.00 Minimum 10,000 gallons and t2p $2.70 per 1,000 gallons Water Surcharge Surcharge will be assessed when an account's year to date usage exceeds the annual water allotment. Currently the surcharge is $0.10 per 1,000 gallons in addition to the standard monthly usage fee. This fee is to recover the District's cost to obtain additional water rights for delivery. Rate Differential Charge North Weld County Water District's customers have the option of transferring Colorado Big Thompson(CBT)Project Water that they own or control to the District,on an annual basis. This water is utilized to increase the amount of raw water allocated to a tap. The District will treat and deliver this water without water surcharge. A Rate Differential charge of$23.00 per acre-foot will be assessed on all of these transfers. Plant Investment Surcharge Surcharge will be assessed when an account's year to date usage exceeds the Plant investment Allotment. The transfer of additional water will not remove this charge. Additional Plant Investment Units must be purchased to increase the allotment and reduce the Plant Investment Surcharges.These rates are in addition to the standard monthly usage fee. 0 to 456,000 gallons above the Plant Investment Allotment $3.15 per 1,000 gallons —J More than 456,000 gallons above the Plant Investment Allotment $1.30 per 1,000 gallons Allocation Table Full Standard Tam__ Water Allocation:228,000 gallons_ Plant Investment Allocation:228,000 gallons — 75%Tap Option Water Allocation:171,000 gallons Plant Investment Allocation:171,000 gallons 50%Tap Option Water Allocation:114,000 gallons Plant Investment Allocation:114,000 gallons A tap may be allotted more than 1 unit of Water andfor Plant Investment. In this case the allotment is the class X 228,000 gallons= Annual Allocation.(eg.Water Allocation 5 x 228,000=1,140,000 gallons Annual Allocation) N;`.Lcgal Documents\Letter or IntnrlWB.NWC WDTankSdc(06-24-0N).doc 2 of 2 `��►� �� rrr► ��rrr► ��rr► ��rrr► �11/1/I �,�1�� ► ,y11�1�1�1// �1111I�i CN�1111/i ��,�1�1�1//,, t ��///�i ;��\��1��00//%/�'�\\�11VIlli�/%��\ti�lllll'r/il :`��1IIl/i�//% `��\VIII/�,�%/ �`�\�\��ij��/tiaras� II 4 -twee 'a, Sr� �.,;,, q .. a to 5 m '_" '^ E' ////I \�° .z- =tat V Cl Gyl y O. r co e. ?iii`I I//tort 4 m Y a a.4.1, . 5 i is, az cx, E s Ilic a �\`\�� 140 i ANN g ��\\ ��t�\ o G) O v me c o o v \ i/%�1 �'`�'` u CS N v o U `o m *boil wir//wii,oraro / JH 5 y N . o w f g H \��\\� IN it "4 1404 M .a-. • 4:4 }�.{.{�� ► x: ti•1� yi.9 C a 3 o ;y 1 41%��%j• r 't to o ; .Y o S' .v k ' \\��\ms ca t111*TIIMO\ �i c •E a °n a y ten o ao, 0 a v !//� ts 4 4is Di w c _s eI a Da is. .12 I:, t} d O` r, v a o ��1 ararlij/W.54 I y .. >, w o \\\\r hgr _,\` o -O ° /rr//////� �flb=iZ''!. ply -Utlil t•Nt f �1 ��1 Iig1 ag,t�—• y 101 0 w o co "C1 v 4�►� ��N44 c�\t F�4 ° rob //��- \ C //%b� U pt 9 - y/��1 (10 �� onSi V O = _ ow twat eetb4I Aotara ofeaste. J." -jdril�-fts%amp��.. .e. •>�\\�Z47/:%.. \��i1Y/i'{ `,\��i1Y/i•q .�:::�\��aa�r/,v,,,\\`�� g//��ll++ 011 b1�/�11�11�4i 1014,011�\�\��i//ll�l1�\i�114it�1t1�\�itt0 ��tN`�\�• fa aivara it ul 'g'7 '87 OZ Jo A'p rtyprvarpuvpuny paraang Joaaagm,Cuouuprapul iuvduiop puntJo 4a2pa7 rots puv rroog roig ow uo 1aJfUV.41 rice,:amtpJ#07'ramillmai Jo'ap,Jq.,a7RZau anrrtpan apn7brrt_fa'ngppaun7 of£urn[woa ptnrJo'Caviar act azyogvw pun parlartuaw utyt?m VopgJo ra.rogg aqp of u&urn pun.(aJruvu?pi pa zwaj aulvii.iog a) WCi sasH z s ♦ o V _s 4 cl IL O SS — W t x11. q co— "O imi i O y cl I Ilm tin PA erk .-4 MI a> W I �� Col w A CERTIFICATE OF CONVEYANCES WELD COUNTY STATE OF COLORADO DEPARTMENT OF PLANNING SERVICES COUNTY OF WELD Lawyers Title Insurance Corporation hereby certifies that it has made a careful search of its records and finds the following conveyances affecting the real estate described herein since August 30, 1972, and the most recent deed recorded prior to August 30, 1972. LEGAL DESCRIPTION Lot B of Amended Recorded Exemption No. 0705-06-3-AmRE-2992, according to the Plat recorded December 12, 2001 at Reception No. 2908198, being a portion of the Southwest 1/4 of Section 6, Township 7 North, Range 67 West of the 6th P. M., County of Weld, State of Colorado. CONVEYANCES (If none appear, so state): Reception No. 1436076 Book 514 Reception No. 1792398 Book 870 Reception No. 1796607 Book 875 Reception No. 1876051 Book 954 Reception No. 1890102 Book 966 Reception No. 2103993 Book 1160 Reception No. 2151627 Book 1205 Reception No. 2153441 Book 1207 Reception No. 2294902 Book 1342 Reception No. 2912986 Book Reception No. 3422309 Book This certificate is made for the use and benefit of the Department of Planning Services of Weld County, Colorado. This certificate is not to be construed as an Abstract of Title, Opinion of Title or a Guarantee of Title and the liability of Lawyers Title Insurance Corporation is hereby limited to the fees paid for this Certificate. In Witness Whereof, Lawyers Title Insurance Corporation, has caused this Certificate to be signed by its proper officer this 12th day of May, 2008, at 7:00 am., and updated to June 17, 2008 at 7:00 a.m., and updated to September 10, 2008 at 7:00 a.m. Order No. 52-0004150 Lawyers Title Insurance Corporation By Wanda L. Calhoon Authorized Signature CERTIFICATE OF CONVEYANCES WELD COUNTY STATE OF COLORADO DEPARTMENT OF PLANNING SERVICES COUNTY OF WELD Lawyers Title Insurance Corporation hereby certifies that it has made a careful search of its records and finds the following conveyances affecting the real estate described herein since August 30, 1972, and the most recent deed recorded prior to August 30, 1972. LEGAL DESCRIPTION Lot B of Amended Recorded Exemption No. 0705-06-3-AmRE-2992, according to the Plat recorded December 12, 2001 at Reception No. 2908198, being a portion of the Southwest 1/4 of Section 6, Township 7 North, Range 67 West of the 6th P. M., County of Weld, State of Colorado. CONVEYANCES (If none appear, so state): Reception No. 1436076 Book 514 Reception No. 1792398 Book 870 Reception No. 1796607 Book 875 Reception No. 1876051 Book 954 Reception No. 1890102 Book 966 Reception No. 2103993 Book 1160 Reception No. 2151627 Book 1205 Reception No. 2153441 Book 1207 Reception No. 2294902 Book 1342 Reception No. 2912986 Book Reception No. 3422309 Book This certificate is made for the use and benefit of the Department of Planning Services of Weld County, Colorado. This certificate is not to be construed as an Abstract of Title, Opinion of Title or a Guarantee of Title and the liability of Lawyers Title Insurance Corporation is hereby limited to the fees paid for this Certificate. In Witness Whereof, Lawyers Title Insurance Corporation, has caused this Certificate to be signed by its proper officer this 12th day of May, 2008, at 7:00 am. Order No. 52-0004150 Lawyers Title Insurance Corporation 71 Tr. By Liki.. f` 1.-4\[ C TA Authorized Signature I: 'sec d!5 Recorded '0o -0• t A M , 13 t Reception No.__..1448076— AI NDI -omit Render. . R8{`ARDB$8 8T1haaP . J 1 Z�IS:DEED, Made this Bch dv of May,i. :. �' „y, y in theof our Lord one thousand nine hundred and sixty—four Ll `"` : g t :, , ELVERA E. NORMAN I of the County of Larimer .and Stated L Colorado.of the first part and 1 lu ' 1t1 f I JAKE WINICK and MARY WINICK �t of the County of Larimer and State of Colorado,of the second part: WITNESSETH,-Sat the said pert of the first part,far and in consideration of the sum of (, Ten Dollars and other valuable consideration DOLLARS, IC: to the said party of the first part in hand paid by the said parties of the second part,the receipt whereof is I. hereby confessed and aclmowledged,ha 5 granted,bargained,sold and tmveyed,and by these presents do es grant bargain,salt convey and confirm unto the said parties of the second part,their heirs and assigns forever,not in tenancy in common bet in joint tenancy,all the following described lot or panel of land,situate,lying and being in the County of :Weld - and State of Colorado,to-wit: The South West Quarter (SW 1/4) of Section Six (6), Township Seven (7) North, Range Sixty-seven (67) West of the 6th P.M., together with one-half (1/2) share of the capital stock of The Water Supply and Storage Company, Fifty (50) shares of the capital stock of the North Poudre Irrigation Company and Fifty (50) shares of the capital stook of Cactus Hill Ditch Company; First party hereby excepts and reserves unto herself one—half (1/2) of all oil, gas, and other minerals lying in, upon or under said real property; TOGETHER with all and singular the hereditameols and appurtenances thereunto belonging, or in anywise appertaining,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 saidpartof the first y part,either in law or egdb, of,in and to the above bargained premises,with the heeedihmena and aPPvtiumvices. TO HAVE AND TO HOLD the said premises above bargained and described,with the appurtenances,®to the said parties of the second part,their heirs and assigns forever.And the said party of the first part,for he rid f her heirs,executors,and administrators do es covenant grant.bargain and agree to and with the said Pasties of the second part their heirs and assigns,that at the time of the enanlmg and delivery of these presents she i s well seised of the premises above conveyed,as of good,sure,perfect,absolute and indefeasible estate of inheritance,in law,in fee simple,and has good tight fog power and lawful authority to grant bergai,sell and convey the same in manner and form aforesaid,and that the same are free and clear from all former and other grants,bargains,sales,liens, taxes,assessments and encumbrances of whatever kind or satire server, and the above bargained premises in the quiet and peaceable possession of the said parties of the second part their heirs and assigns.against all and every person or persons lawfully claiming or to claim the whole or any part thereof,the said party of the first part shall and will WARRANT AND FOREVER DEFEND. IN WITNESS WHEREOF the said party of the first part ha 5 hereunto set her hand and seal the day and year fast above written s Signed.Staled and Delivered to the Presence of [SEAL] [SEAL] (SEAL] o STATE OF COLORADO, }I on 6 County Larimer rn FFe p ;'"y p?Yh.foie$o(iyq.'mgtr,ment was acknowledged before me this Q day of Mayyl E.t ? olfERA E. NORMAN. I a Y c m n3>IDires March 17, 19 65.Wimps my ha and official seal. tun No.921.WARRANT%nano.Nvs spat Tsverg,edvcµPoaasa Saimaa 0a::wN.19aue Sant awn.Deaver. 'Si oy curs!moon ar ere Bona here arrt man.a,rands:g by wrsn stung m rspanentainc or emwet eaasetw war- 1� atnnoy-mneeea men sawn man oe e n as f tmnev�m a or other mar each or dmertptan;u e Potation then mint enure eor-t commie Ir1Onr.°mr.ra as file y other aura m.00a enrwmt�,naming te—ateisse t•dcafiomfedywdet.amp 118-e t commie Aevbry manna 1965 / ('J C12 87(3 .s ° J N 41979 _ Reworded it 8 o'clock_ • _p. Reception No._1 239 _ lisai(� .4 y Retarders -• I' - — _ --- _ - I=l - _: -- eldnCroiinn iatado _ 1 .e-1.....': I : TIUS DEEP,Made this May 30 ,1979 I Slate D I MARY WINICK ocn(ueernfoty Felt 1 between JUN' -4-19.T9 Lute. I .-ttt • of the $-,.. �S.�Q. 1 ▪ Count of Larimer andStateefCotorado.eft)tefirstpart,and 02 , KENNETH J. WINICK, an undivided one-half inter et; nos :• ALLAN E. WINICK, an undivided one-fourth inter st;' and ,• a. r� i, gpg g$T wI i� vi ed o e north int t, of of the Wkid C�uTI ft yob Wet rt �olfilns Cv h6 2 L..., �{r— : of the County of Wel and Stets ofit v..l . Colorado,of the Intend part: / II Y: WITNESSETR,That the said part y of the first part,for and in consideration of lj TEN DOLLARS and other valuable considerations DOLLARS !. S to the said part y of the first pert in hand paid by said part ies of the second part,the receipt whereof is is r hereby confessed and acknowledged,ha granted.bargained,cold and conveyed,and by tiiflesenta does �. in grant,bargain,sell.convey and confirm, unto the said parties of the second part, heirs and assigns for- ,• f? o ever,all the following described lot or parcel of land.situate.lying and being in the 'l O County of Weld and State of Colorado.to wit: i! O „ 'The SWs of Section 6, Township 7 North, Range 67 West of the 6th P.M ; EXCEPT the following: Strips of land as conveyed by Quit Claim Deed o, recorded in Book 250, Pages 46 and 367; Right-of-way as conveyed by ii Ar - Quit Claim Deed recorded in Book 323, Page 472; Rights-of-way as con 1 -s veyed by instruments recorded in Book 1075. Page 259Fand Book 1647, A "' -^+ s gr_=_t' - '7- instrument records in Book 1307, Page 572, weld County Records.- -INCLUDING all water and water rights ditch,and ditch rights, eser- , voir and reservoir r ghts appurtenant to said rops=ty, including, but not being ial iteo to 50 shares o The o pb re Irri atio Company stock, 50 Rights under the Cactus i Ditc Company. •- :� t also known as Street and number TOGETHER with all and singular the b•'editamenls and appurtenances thereto belonging,or in anya iae appet- raining,and the reversion and reversions,remainder and remainders.rents,issues and profits thereof,and all the eat ate.right•title,interest,claim and demand whatsoever of the said part y of the first part,either in law or . equity,of.in and to the above bargained premises,with the hereditaments and appurtenances. TO HAVE AND TO HOLD the snidt ifex above bargained and described with the appurtenances,unto the said part iesofl,lt econd part. -.heirs at.1 aaaigar.forever. And the said part y of the first part, for her self, inirs.executor:.and am ppigistrotors,does covenant,grant,bargain.and agree to and ' 4 with the said part iS of the second part.L e1Weirs and assigns,that at the time of the ensealing and delivery- of these presents, she i-5 well seized of the premises above conveyed,as of good.sure,perfect,absolute and indefeasible estate of inheritance,in law-in fee eimfde.and has good right,full power and authority to grant•bargain,sell and roarer the Fame in manner and form a aforesaid.and that the same are free and clear from all former and rtbsr grants,bargains.soles.liens.taxes.assessments and encumbrances of whatever kind of mturesnever. Subject to 1979 general taxes, due and payable in 1980; and subject to restrictions, reservations, easements, and rights—of way of record, or in place, if any; and the abnee bargained i.renitser tit t;le•;uiet and peaceable possession of the said part yes Ollie second part, their heirs and assigns against all and every persor.or persons lawfully claiming or to claim the whole nr any part thereof.the caul part ies nit be first part shall and will WARRANT AND FOREVER DEFEND. 1N WITNESS WHEREOF.I lit said perty Of t he first part he S hereunto set her hand and seal the day and year lest above writ ten. - 1 _ ,t,t� (SEAL) . '14aey wtn,ick _____ --MEAL) . (SEAL) STATE OF COLORADO. }ea County of Larimer The foregone instrument was acknowledged before me this 30th day of may t9,:79,,,.,by Mary Winick. 0.." •.111y eortihiaaien expires _ .i9 .Witness,,my hand and official seal. '• ( h J: Avg-�.t�— • .„C�f Notary wtai.. nrjn`NGin.. • '5, ,0' No.9b2. trtaeA.'TI BLEW—hr Phaiesra,bk brood.-.'i Ma Bradford l'ualiening Ca..Mt Stant Street.Center.Colorado/ata-10117—dal 9 • —I BQ0K �10G JUL k z��yn 1 U Q r Recorded at_ C o'cluek kl. _ •. r 3. c•.1 S'�5 Reception No. Recorder_ �, Wald County, C orado t' THISDEED.Made ibis day of ern L .]fl 79 ,1 I effective as of May 30, 1979; i 1 between KENNETH J. WINICK • ALLAN E. WINICK ROBERT L. WINICi.. plane , r. County at Larimer dathsr,. ..a..1♦.I . tC.!u•1p.:t.ar.. t- A.R.K.LAND tit CATTLE COMPANY, a Colorado General .1..i Partnership, 41132 Weld County Rd. !3. Fort-Coll n8, Weld /IC It . cof the t't..an: .. held t..:r .•.•. — `/"` N- Colorado.•,f the second 7)4r•• '--I WITESSETH.Thatt et.sa. pair; ..'ir••port .ear:... .. •rv......., I ° TEN DOLLARS and other valuable considerations DOLLARS r- to the said party n::nt r•-••r i.srt ...'.a:'•1; ,.1:. .ar..r.. .,.es - .:1••.••n.•I;.ar•.•he receipt'•hereof IR L n hereby confeaeed and agr.l..;a Ir•ar.sr1.:.-.a•.••s.. ... n.•: •r.. • v..ns.etierrpresentsdo 0 grant. bargain.sill.rook; and,+Inflra,. •,r t1.,iw ..,:.i ; Ies• ••v•.••:r.1 lwri. •say and aeatgnn for o ever.ell the following d eater inl•da.n n:tart.,: .i.aa .-r•uaw.:•::na..,,.11.rirgir.the O County of Weld t.....s•a:a•.f I•l..rod.•.t••ty::. r The SW'k of Section 6, Township 7 North, Range 67 West of the 6th P.M.; EXCEPT the following: Stripa of land as conveyed by Quit Claim Deeds • P recorded in Bnok 250 rages 46 and 367: Right-of-wav as conveyed by Quit t.,:a Claim Deed recorded in Book 323, Page 471; Righs-of-wa gs conveyed by t'-1 instruments recorded in Book 1075, Fase ..S92 Ind Book 164,, Page 24; Easement as granted by instrument recorded .n Book 1307, Page 572, Weld County Recoros. INCLUDING all water and water rights, ditch and ditch rights, reservoir and reservoir rights appurtenant to sale, pry erty, including, but not beinE limited to 50 shares of the North Poud'-e irritation Company stock, 50 Rights under the Cactus Hill Ditch Company. w also known as street and tit nuher TOGETHER with all anti singu I..r a he•.en•d.1 a:ar•4a al:d si'::.s1.•..so.•- I r.rcte bei•.ngnig.or III anywise apper• taining.and the reversion and toners:on-.•..nravtdet•ar:•1 r.•n.;r:1a. •. ...an.!...of Is thereof.and all the estate.right.title.interest.Chitin and dean.....i:a.i:..t•\y,•,•,1• ...• ...-• :I he first part.en her in law or equity.of.in and to the above bargainer pre:•❑..••.wit i.t he i a're.to r..:..a.:: as I::,n:.,',•nary.•'. TO HAVE AND TO HOLD the sa.I;romp...ai••.ve I•a-¢.i..:•••:.0••.1,'-.-.1b.•d wlr n ti., apparteoane.s.unto the said part ies of the sewnn.i aarl.thelth.,r_ ,1•1.i aweigh. ••••.•..r A.•1:ne -aid parry ri the first part. for herself, hecra.exrcuua•s. andtiptmi ist ralors..t.•es r•vrh:n.'.gran• bargain.and agree to and e with the said port ieS of the racond;art. [l boars and t1.-attns.:km n:I lie a'lie..f t he rn,rahng and delivery nftheaepresents. She is weltseizeJ:4 the premise-a. .•:c:..t..r:'.•.1.tin.•IC...,«L mare.per fe.t.absolute and indefeasible es,ate of inherit:user.in law.rn i.•r-intple.:tn-a.nit S go•••d right.Mil power and authority • to grant.bargain,cell and cons,y the•aun.•an manner:did I..,a a., ....-.:.r I Ai,I Li d 'h,•'ann.ore free and clear from all former and other grans.bargain: soles.bens.tits••..o•,.n. ..nd one.:mbranrrs,.f whatever kind of natttrestiever. Subject to 1979 general taxes, due and payable in 1980; and subject to restrictions, reservations, easements, and rights—of—way of record, or in place, if any; subject to deed of trust recorded at Book 870, Reception No. 1792398 of the Weld County, Colorado, records which the grantee assumes and agrees to pay; and the above bargained premises tit t,u'a..et and pearrable,,,a,_o..."a 'the-a,d par, of tae second part, heirs and assigns against all and every i.ers,•n or persons I awfn!:v.•lane:rg..r to claim the whole or any part thereof,the said part ,'friar first part'Mali and will WARRANT AND FOREVER DEFEND. IN WITNESS WHEREOF.I he said parr log ti..•first part ha la.roan la set hand and seal the day and year first above written 1 ':;711,32r r: I7,_z.4d;. 1 1c_--«e.,;,: enneth a 3. dint k _c�y,1 _--- - ;BEAU Y71 _. ._ ... _ 1 A-4 .ti.,A n.t , , , _ISEAL0 STATE OFCOLORAIX). obert L. Winick re. •I c•ountyaf:Nrii:t7.'ze-� a • . �"l The foregoing nun rument wan acknowledged before r. thi. L! i%— day of 1:+ 79 ,by Kenneth J. Winick, Allan E. Winick & Robert L. Winick .My Commiyaioia expires •I is)/9 W'iyecca a:1 ai i. icial seal. • Notary Public ,�• "--t l� �inrr E.pine-September 18,1980 ...'I. ••M9;Bat WAAR,Dili DS®.—ref nbola4ei ai,9-.-e ire 9raifma P,•s..nsaR r.. 'a:'5a.,,Sawn.Nara.CdxcsriCmm•sat1V-848 `d O d d r �� BOOK 954 Recorded at r tlock� DEC 2 S81 r 1 `p Reception No. 1 R7(i O 1 .t. ,R order, V' • Wet minty, Coldrodo/ THIS DEED,Made this first day of December ,19 81 , I between A. R. K. LAND S CATTLE COMPANY t r Stale Doalmentar? Fee C.-- ou of the l 0 Cntyof weld and StateofColorsdo,ofthefirstpart,and I Dole DEC 2 l tt ri HAL E. NOELKE 8-4a.,2O ° whose legal address is 7-H Ranch, P.O. Box 529 Mertzon, Texas 78941 ,9 of the County of Larimer and State of • Colorado,of the second part: W!TNE.SCTH,That ate awe p.. t of tnc first pert.for and in consideration oft vo S'x Hundred, Twenty— 0 Two Thouaand and no/i00 (5622,000.00) LOLLARS o to the said party of the first part in hand paid by said party of tee second part,the receipt whereof is r6 O hereby confessed and scknowtedged,na S granted.bargatned.snld and conveyed,and by these presents do es t n; grant. bargain.sell.cnn-:ey and confirm. unto the said party of the second parthi S heirs and assigns for- .- ever,all the following described lot erparcel of land.situate.lyingand being in the - County of Weld and St:.-:e•of relnrodo,to wit: r6 —t (See Exhibit "A" attached hereto and made a part hereof. ) 0 21 also known as street and number TOGETHER with all and singular the nere,!etaments and appnr:er.ances thereto heinnsinc,or in anywise apper- taaimng,anti the reversion and reversions,remainder and remainders.rents.issues and prottts thereof,and all the estate,right.title,irterest,claim and demand whatsoever.,:tn..said party of the first part.either in law or equity.of.m and to the ab..-r bargained premise:•wit h t he l.ered,l riivnts and appurtenances. TO HAVE AND TO HOLD the said prem...., :thrive hargaenrd and described with the appurtenances,unto the said party of elite ssecond part, h i S heirs and assigns iorn.r•r. Arid the said party of the first part, for i t-sti I, /heirs.exe•irons.and t.dtr,.nisirota-s,do s:S cotenant.grant.bargain,and agree to and with the said party of the second part, his neer<and assigns.that at the time of the ensealing and delivery of these presents, i I: I5 writ sei zed,.ft he prenuses ales-conveyed.as of good,sure.per fect.a builute and indefeasible estate of inheritance.en,an-,in,rev stmt.le,soil ha s food right,full power and authority to grant,bargain sell ao.i.wive. Ihr sante ii,manner and torts as aforesaid.and that the same are free and clear from all former an.l other grants,bargains,safes.Urns.taxes.assessments and encumbrances of whatever kind of naturesoeter. , Subject however to easements, restrictions, protective covenants and rights of tray, building and zoning regulations of record, or in Place, if ary and subject: to Deed of Trust for the use of Mary Winick, recorded June 4, 1979 in Book 870, Rece•nLion NO. -t 0 1792399 of Lhe Weld County, Colorado records, which Grantor herein •agrees to pay according to the terms of said Note and Deed of Trust l: and the aie'se harga,r.e.i premises in toe quiet and peaceahie possession of the sa,d part of the second part. h i s heirs and assigns against ail an.l ever Itersnn or persons law fully claemingor to claim the whole or any part thereof.t he said port y or the first.part shall and weili WARRANT AND FOREVER DEFEND. 1\WITNESS WHEREOF,::te sao-f p;:r: y of the first part has hereunto set It:Shand and seal the.day and year rirst ah•,te written. A.R.K. LAND & CATTLE COMPANY 1 B ,, "1 - ` w n ck G1`----.-_-_fSEAr BYkt* - `r ,t"k) - :'SEAL, Robert L. Winic - , - _______ _ STATE OFet7LC.RAfNt 1 Kenneth J. ;•fi ck cnuctp M.• Larimer J . The foregoing it.srumen:was a.kn..wtrr!yed before nor:i..s first day of December 1° 81 •M' AllAn E. Winick, Robert L. Winick and Kenneth J. Winick...•........ bly tommisae;n expires 19 Witness my hand and of fetal sea:. laze se., f070...• • / ?teisry Paaic. !ke No,932 WARRANTY DEED=f..P►otoeeyk.e Ranee— e•,,,,..TO P,,..,..c.., w a see-,.,;.._, a-,d.r:1...I.,...).“0.10:....1,na rd.'s....—s.t0 BOOK 954 RECEP 1ON._ 18'76051 • a -a EXHIBIT „A.• Attached to Deed of Trust by and between UAL E. NO£LKS and A. P. K. Land & Cattle Company, dated December 1st, 1981. 4The Southwest quarter of Section 6, Township 7 North, Range 67 West of the 6th P.N. , EXCEPT the following: Strips of land as conveyed by 0uit Claim Deeds recorded in Book 250, Pages 46 and 367; Night. of way as conveyed by Quit. Claim Deed recorded in Book 323, Page 472; Rights of way as conveyed by instruments recorded in Book 1075, Page 259, and Book 1647, Page 24: Easement as granted by instrument recorded in Book 1307, Page 572, Weld County Records. , Together with all ditch and wa'er rights appertaining to said premises, including fifty 150) shares of the capital stock of the North Poudre Irrigation Company and fifty (50) shares of the capital stock of Cact•,.as Rill Lateral Ditch Compare!,. Together with all oil . gas .and mineral rights owne•ri by Sellers herein. B 1160 RE 2103993 06/18/87 10:33 15.0 1/005 • F 1380 MARL ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO AR21.0 3993 State Fee WARRANTY DEED Dote $ 152 1 ...... THIS DEED made this 8th day of June, 1987, between OVERLOOK FARM INC. , A CORPORATION, whose address is c/o GT Land, 3S55 Stanford Road, Suite 100 Stanford Plaza, Fort Collins, Colorado 80525, heeeinafter referred to as the "Grantor", and INTERSTATE LANDS, LTD., A COLORADO LIMITED PARTNERSHIP, whose address is c/o E. E. Mitchell & Co., #1 Old Town Square, Suite 200, Fort Collins, Colorado 80524, hereinafter referred to as the "Grantee", WITNESSETH The. Grantor, for and in consideration of the sum of other good and valuable consideration and Ten and no/100s Dollars ($10.00) to the Grantor in hand paid by the Grantee, the receipt whereof is hereby confessed and acknowledged, has granted, bargained, sold and conveyed, and by these presences does hereby grant, bargain, sell, convey and confirm unto the Grantee, its successors and assigns, forever, all of the real property situate in the County of Weld, State of Colorado, and more particularly described as follows, to-wit: TRACTS A-1: A-2, B and C as described on Exhibit "A" attached hereto and incorporated herein by this reference. TOGETHER with all, and singular, the hereditaments and appurtenance thereto belonging, or in any wise appertaining, and the revision and reversions, remainder and remainders, rents, issues, and profits thereof, and all estate, right, title, interest, claim and demand whatsoever of the Grantor, either in law or equity, of, in, and to the above bargained promises, with the hereditamente and appurtenances. TO HAVE AND TO HOLD the said premises hereinabove bargained and described with the appurtenances unto the Grantee, its successors and asaigne forever. and the Grantor, for itself, its successors, and assigns, does covenant, grant, bargain and agree to and with the Grantee, its successors, and assigns, that at the tinie of the unsealing and delivery of these presents, it is well seized of the premises above conveyed; has good, aura, perfect, absolute and indefeasible estate in law, in fee simple; and has good right, full power, and full authority to grant, bargain, sell and convey the same in manner and form as aforesaid; and that, except as hereinafter provided, the same are free from all former and other grants, bargains, sales, liens, taxes, assessments and encumbrances of whatever kind or nature saevc+r; and the Grantor does hereby warrant the title to the same, subject to the following: 1. Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Taxes due and payable and any tax, special assessments, charge or lien imposed for water or sewer service, or for any other special taxing district. 4. Reservation of right of proprietor of any penetrating vein or lode to extract his ore, in U.S. Patent recorded May 4, 1908 in Hook 132 at Page 197 (SW 1/4 .tune 7, 1967). 5. Easement and right of way for telephone lines granted to American Telephone and Telegraph Company by Olaf O. Norman and Rivera Norman in the instrument recorded RETURN TO: Wood, Herzog Osborn & Bloom, P.C. P.O. Box 2003, Fort. Collins, CO 80522 Et 7160 RLC 02103993 06/10/87 10:33 015.00 2/0D5 F 1381 MARY ANN >:EUERSTEIN CLERK 6 RECORDER WELD CO, CO t'eoruary 27, 1941 in Book 1075 Page 259 in which the specific location is not defined. (SW 1/4 6-7-67) C. Easement and right of way for an electric transmission line granted to United States of America, by Olaf 0. Norman, in the instrument recorded July 24, 1951 in Book 1307 Page 572, affecting the following described property: Beginning at a point on the West line of said N 1/2 SW 1/4, Section 6, being 59 feet South of the West quarter corner of said Section 6; thence South 89'24' East a distance of 813.4 feet; thence South 59'34' East a distance of 1865.6 feet, more or less to a point on the East line o€ said N 1/2 SW 1/4, being 1502 feet North of the South quarter corner of said Section 6. 7. Easement and right of way for a pipe line granted to ginelair Pipe Line Company, by Jake Winick, Mary Winiok end Elvera E. Norman, in the instrument recorded May 17, 1963, in Book 1647 Page 24, in which the specific :location is not defined. (SW 1/4 6-7-67) 8, Undivided 1/2 interest of all oil, gas and other minerals ns reserved by Elvera E. Norman in the Deed to Jake Winick and Mary Winick recorded May 13, 1964, in Book 514 at Reception No. 1436076, and any interests therein or rights thereunder. (8W 1/4 6-7-67) 9. Et.eeervstlon of (1) right of proprietor of any penetrating vein or lode to extract his ore; and (2) right of way for any ditches or canals constructed by authority of United States, in U.B. Patent recorded September 10, 1910, in Book 131 Page 394. (SE 1/4 6-7..67) 10. Easement and right of wily for an electric transmission tine granted to United States of America by Jake Winick and Marry Winick, in the instrument recorded July 31, 1951, in Book 1308 Page 188, covering the following described property: Beginning at a point on the West line of said SE, 1/4 Section 6, being 1502 feet North of the 9 1/4: sorer of said Section 6; thence South 59'34' East a distance of 2702 feet, more or less, to a point on the South line of said SE 1/4, being 117.3 feet West of the Southeast corner of said Section 6. 11 . Undivided 1/2 interest in all oil, gad €►nd other minerals, as reserved by Jake Winick and Mary Winick in the Deed to Terry D. Horn arid Sharon L. Horn, recorded March 11, 1064, in Rook 509 at Reception No. 1.431155, and any interests therein or rights thereunder. (SE 1/4 6-7-67) 12. All oil, uas, minerals and mineral rights not heretofore reserved; as container in Deed from Terry D. Horn and Sharon L. Horn, in Deed to Kenneth .1. Winker. and Dorothy k. Winick, recorded July 12, 1966; in Book 571 at Reception No. 1492712, and any interests therein or rights thereunder. (SE 1/4 6-7-67) 13. Reservation of 3/10ths interest in the concrete ditch running along the East boundary as contained in Deed from Terry D. Horn and Sharon L. Horn to Kenneth J. Winick and Dorothy E. Winick, recorded July 12, 1966, in Book 571 at Reception No. 1.402712. (SE 1/4 6-7-67) • H 1160 REC 02103953 06/18/87 10:33 X15.00 3/005 F 1382 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO 14. Reservations made 'by the Union Pacific Railroad Company in deed recorded October 18, 1887, in Book 69 Page 506, providing substantially as follows: Reserving unto said Company and its assigns all coal that may be found underneath surface of land herein described and the exclusive right to prospect and mine same, also such right of way and other grounds as nay appear necessary for proper working of any coal mines that may be developed upon said premises, and for transportation of coal from same. (NE 1/4 7-7-67) 15. Easement and right of way for ditch granted to Water Supply and Storage Company in instrument recorded September 3, 1892, in Book 76 at Page 512, in which the specific location is not defined. (NE 1/4 7-7-67) 16. Easement granted to Poudre Valley Rural Electric Association by F. P. Rudolph & Son in the instrument recorded November 21, 1974 in Book 1625 at Page 857. (Affects NW 1/4 of Section 16) 17. Easement and right of way granted to The United States of America by Fred Coutts in the instrument recorded August 2, 1951 in Book 1308 Page 222, affecting the following described property: Beginning at a point on the North line of said E 1/2 NE 1/4 Section 7, being 117.3 feet West of the Northeast corner of said Section 7: thence South 59°34' East a distance of 74.7 feet; thence South 89"51 ' East a distance of 52.3 feet, more or loses, to A point on the East line of said F 1/2 NE 1/4, Section 7, being 44.8 feet South of the No.-theeet corner of said Section 7; thence continuing South 89"51 ' East a distance of 2634 feet, more or less, to a point on the East line of said N 1/2 NW 1/4, Section 8, being 37 feet South of the North 1/4 corner of said Section A. 18. Reservation 09 contained i1 [deed from Ralph T. Godley and Shirley S. Godley to Kenneth J. Winick and Dorothy E. Winick, recorded June 20, 1975 in Book 741 at Reception No. 1663350, as follow€: Sellers reserve this right of ingress and agrees to use and maintain that certain ditch running through the above described premises which supplies North Poudre Water for both the Buyers on the above described premiers and/or the Sellers on the adjacent land which they are retaining. Parties further agree that with respect to said ditch, Buyers shall have the right of use 60% of the time and Sellers 40% of the time (NE 1/4 7.7-67) 19. 0iscrepancien, conflicts in boundary lines, shortage in area, encroachmentss, and any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. T}1e Grantor, fo.• itself, its successors and assigns, does covenant and agree to and with the Grantee, its successors and assigns, that the Grantee, its successors and assigns, shall and may lawfully, and at all times hereinafter, peacefully and quietly have, occupy, possess and enjoy said premises hereby granted, or intended so to be, with the appurtenances, without the lawful hindrance or molestation of the Grantor, its successors and assigns, or any other person or persons whomsoever, by or with their consent, privity, or procurement. 3 } B 1160 REC 02103993 06/18/87 10:33 515.00 4/005 F 1383 MARY ANN FEUERSTEIN CLERK 6 RECORDER WELD CO, CO IN WITNESS WHEREOF the Grantor has executed this Warranty Deed on the day and year first above written. OVERLOOK FARM INC. , /•;,. gyp'• A CORPORATION t(•¢ m L '9 N� A�i B .r '•. c :' Michael S. B ne, President A1i'fl5Mi Secretary STATE OF COLORADO) ) ss COUNTY OF LARIMER) The foregoing instrument was acknowledged before me this 8th day of June, 1987, by Michael S. Byrne as President, and Roberta Martin as Secretary of Overlook Farm Inc., a Corporation. WITNESS my hand and official seal. My Commission Expires: /O1/49 '4 ,Liata.714 7/4� n -. 'n .......... `•, Notary Public ttFP, " o • t min 9 •, i K p 4 A EXHIBIT "A" (m� B 1160 REC 02103993 06/18/87 10:33 515.00 5/005 F 1384 MARY ANN FEUERSTESN CLERK 6 RECORDER WELD CO, CO TRACT "A—T" • A tract of land situate in the Southwest 1/4 of Section 6, Township 7 North, Range 67 West of the Sixth P.M., Weld County. Colorado which considering the West line of the said Southwest 1/4 as bearing N 00' 30' 12" N and with ail bearings contained herein relative thereto is contained within the boundary lines which begin at the West 1/4 corner of said Section 6 and run thence N 87' 14' E 2423.84 feet to the center 1/4 corner of said Section 6: thence S 00' Z7' 30" E 1711.43 feet along the East line of the said South:Mot 1/4 to a point an Vie Northerly line of the liter Supply and Storage Company Ditch; thence aloes aid•Northerly lime M 68' 33' 56" W 118.10 feet, and agate N 76. 13' 55" V 400 feet, and again M 77' 59' 55" V 507.60 feet, and again N 69 30' 30" M 146.02 feet, and again N 66 24' 40" V 137.73 feet, and again M 49' 13' 15" V 28444 feet, and again N 45' 56' 56" V 1336.06 feet to • e point en the Nest time of the aid Southwest 1049 the:gu N 00' SP' 12" V 103.74 feet to the point of begiaenieg, containing 62.3166 acres more or less. TRACT "A-2" A tract of land situate in the Southwest 1/4 of Section 6. Township 7 North. Range 67 Vest of the Sixth P:14., Weld County, Colorado which considering the West line of the said Southwest 1/4 as bearing N 00' 30' 12" N and with all bearings contained herein relative thereto is contained within the boundary lines which begin at a pain on the West line of the said Southwest 1/4 which bears $ 00' 30' 12" E 244.12 feet from the West 1/4 corner of said Section 6 and run thence along the Southerly line of the Mater Supply and Storage Company Ditch, S 45' S5' 55' E 1242.42 feet, and again S 49' 13' 17" E 293.99 feet. and again S 56' 24' 40" E 155.49 feet, and again S 69' 30' 30" E 166.93 feet. and again S 77' 59' 55" E 513.49 feet, and again S 76' 13' 55" E 400.34 feet, wed agate S 63' 33' 55" E 151.59 feet to a point en the East line of the said Southwest 1/41 thence along said East line S 00' 27' 30" E 778.69 feet to the South 1/4 corner of said Section 61 thence S 86' 06' 55" N 2424.12 feet to the Southwest corner of aid Section 61 thence N 00' 30' 12" N 2400.97 feet to the peiat of be inning, containing 76,6395 acres more or less and being subject to a right-of-waxy for County Roads over the Mast and South 30 feet thereof. :RACT t: A tract of land situate in the Southeast 1/4 of Section 6, Township 7 North, Range 67 Vest of the Stith P.M.. Weld County, Colorado which considering the East line of the said Southeast 1/4 at bearing North and with all bearings contained herein relative thank is contained within the bounds lines which begin at a point on the said East life which bears North 410,00 feet from the Southeast corner of said Section 6 and wen thence M 71' 24' 50° V 1864.51 foot; thence N O1' 19' 10° W 1461.70 feet to a point Oa the North line of the said Southeast 1/4; thence N i7' 03' 50' E 1803.35 feet to the Lest 1/4 corer of said Section di thence South 2147.95 feet to the Point of beginning containing 73.8117 acres morn or lest and being Subject to rights of way as conveyed by deeds recorded in took 250 at Page 47 and is 6066 260 at page 214 of the Weld County Clerk and Recorder's office end except a parcel of lend es conveyed by died recorded in gook 273 at page 330 of the Veld County Clem, and Recorder's office. TRACT Cs A tract of lend situate in the Northeast 1/4 of Section 7, Township 7 North, Range 67 Vest of the Sixth ►,N., Veld Counts. Colorado which considering the East tied of the said Northeast 1/4 as bearing S 00° 16' 36' E end with ail bearings contained hereto relative thereto is conainea within the boundary lines which begin at the Northeast corner of said Section 7 and run thanes 0 00' 16' 36' 2$17,18 feet along the said East line to a point on the Center line of the Mater Supply and Storage Company ditch; thence along said center line N 77' $4' 55' W 630.00 feet: and a a1n N 70° 15' So° V 133.70 fall and again N 63° 44' 20' V 176.20 feet; and again N St° 13' 40' V 136.57 feet; and again N 45" 34' 45° V 139.87 feint and again N 33° l6 30' V 164.03 feet; end again n 22° 18' 35° V 288.20 feet; and again N 16° 18' 25° V 307.73 feet; and again N 21° 53' V 228.63 fat: and again N 33. 34' 50' V 174.59 feet; and again N 39° 42' 55' V 128.46 feet; and again N 31° Oa' V 195.82 feet; and again N 11' IV' 20' V 187.43 feet; and again N 04° 44' 25' E 192.36 feet; and again N 10° $0° E 99.22 feet to a point on the sort" line of the said Northeast 1/4; thence N Phi OS' 40' h 15.09 foot along the said North line; thence $ 04° 53 V 187019 fat; thence N 86' 06' 40" I 528.55 feet; thence N 03' 53' 20' V 185.00 feet to a point on the North line of the said Northeast o/4; thence N O6' 06' 40' E 1363.st feet to the point of tepinnine containing 770691E acres more or lest .id being Subject tO a right of 44y for the later Supply and Storage Coogan ditch as it now exists and to a right of way for a County load over the North 30.00 feet thereof end to a County Road over the East 30.00 feet thereof. r Lip), Ord f B 1205 REC 0211627 08/16/88 16:12 $6.00 i/002 AH21511.27 F 1790 MARY ANN FEUERST IN CLERK &, RECORDER WELD CO, CO I WARRANTY DEED i THIS DEED,Made this 15th day of August 19 88.between I WTEISTATE LANDS, LTD., a Colorado Limited Partnership of the •County of Latimer and State of State Documentary Fie ' Dote...TS-l 1p-W • Colorado,grantor,and $ -- .M q &V II MILTON E. BARIT' NN and CDIEEN S. FITZGERALD • wMnc lepnl address is 7001 Weld xb. Rd. 84, Pt. Collins, CO 80524 of the County of and State of Colorado,grantee: WITNESSEfH.Thai the grantor for and in consideration of the sum of FORTY SIX THOUSAND FIVE HUNDRED AND NO/100ths DOLLARS, the receipt and sufficiency of which is hereby acknowledged,has granted.bargained.sold and conveyed,and by these presents does grant,bargain.sell, convey and confirm.unto the grantee,his heirs and assigns forever,all the real property together with improvements,if any.situate.lying and being in the County of Weld and State of Colorado described as follows: • THE LEGAL DESCRIPTION IS ATTACHED AS EXHIBIT "Ar" INCORPORATED HEREIN BY . t I 1 t f. la °C-' • • as known by street and number as: TOGETHER with all and singular the heredilaments and appurtenances thereto belonging,nge ppu g ng,or in anywise appertaining,and the reversion and reversions,remainder and remainder.,rents.issues and profits thererd',and all the mile,right,title.interest,claim asset dermal whatsoever of the grantor.either in law or equity,of.in and In the abmro bargained premises,with the heleditantents and appurtenance+. TO HAVE AND TO HOLD the said premises above bargained and described,with the appurtenances,unto the grantee,his heirs and assigns fwevcr.Andthcgrantor.forhimself,hisheirs.aneiper.onalrepresentatives,doescoveant,grant,bagain,andagteetoandwithdiegrantee.hisheirsand assigns,that at the lime of the en sating and delivery of these presents.he is well seized of to premises above conveyed.has good.sure,perfect,absolute and indefeasible estate of inheritance.in law.in fee simple,and has gait right.full power and lawful authority to grant,bargain.sell and convey the same in manner and form as aforesaid.and that the same ate free and clear from all former and other grants,bargains,sales,liens,taxes,asxesstnents, encumbrances and msirictnns of whatever kind or nature soever,except the 198Q real, estate taxes and pa in 1989 and all subsequent real estate taxes, except all reserve , , ease ants, and rights—of—way of record, if any, and any and all leases and ta'lanci , if any. IThe grantor shall and will WARRANT AND FOREVER DEFEND the above-rwgainned premises in the quiet and I eablepossessionofthegrantee, • his heirs and assigns,against all and runny pawnor pawns lawfully claiming the whole or any part thereof.The singular number shall lnclade the plural, the plural the singular,rd 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. t III INTERSMTE LANDS, IITD., a Colorado Limited P 'p by E.1s.MI 1ELL & CO., a Colorado Corporation, Partner : , Vo I (Seal) eve Satz an , Vice President STATE OF 4 COLORADO 1 County of Lar3IllEr I s., 1 La rimer i The foregoing instrument was acknowledged before into in thetri Courtly of ,S1hNe of Colorado,this 35 day of August .i9 88 .by**Dave Sit zman, Vice President. w- of E.E. Mitchell Co., a Ooloradp Corj oration, as General Partner of Interstate** ' M,eq gagt expires �d�,a,,,,,,, n�a .i9y) .Witness my hand and official seal. O a v a Colorado Limited P s'C k 4. 414A 0 , mw(4;; Cf„,%"'"0"-6'° . , 03 i ua`e.::••,_ fell) , .e Ste. . �e • r h _ � c op x" id" r r a� � . .4, g'n5o).5 ND-032A.Aer,7.I4. WAMIAPI Y DEED Wee Pbasegrapbk Record) Elm-milord Pubirhaua,79E1 W.6eh A•c.,Lakcr.vd,CO a0214—tja31231-t9ao Issas 1 a B 1205 REC 02151627 08/16/88 16:12 $6.00 2/002 F 1791 MARY ANN FE. STEIN CLERK 8 RECORDER WELD CO, CC EXHIBIT "A" I Covering the Land in the State of Colorado, County of Weld. Described as, A tract of land situate in the SWk of Section 6, Township 7 North, Range 67 West of the 6th P.M., which considering the West line of the said BWk as bearing NOO°30'12"W and with all bearings contained herein relative thereto is contained with- in the boundary lines which begin at the West Quarter Corner of said Section 6, and run thence N87'14'E 24:!3.84 feet to the center quarter corner of said section 6t thence 600'27'30"E 1711.13 feet along the East line of the said Sae to a point on the Northerly line of the Rater Supply and Storage Company Ditch; thence along said Northerly line N66633'569' 118.10 feet, and again N76.13'55"N 408.58 feet, and again N77'59'55"W 507.60 feet, and again N68630'3094 148.02 feet, and again N56'24'40"W 137.73 feet, and again N49°13'15"W 284.84 feet, and again N45"56'56"w 1338.06 feet to a point on the West line of the said SW4j thence N00'30'12"W 103.74 feet to the POINT or BEGINNING. Grantor shall grant and convey to Grantee a right of common usage in any and all ditch rights, easements and right of ways now owned by or benefiting Grantor for delivery of water to the subject premises. GRANTOR RESERVES, for itself, its successors and assigns, an easement over and across the property herein conveyed for the purpose of transporting and con- veying water in ar.d through the existing ditch, as presently situated and constituted to the adjacent premises of Grantor, its successors and assigns. described as follows: • Covering the Land in the State of Colorado, County of Weld. Described as: A tract of lend situate in the SW 1/4 et Section 6, Township 7 North, Range 67 West of the 6th P.N., which considering the West line of the said SW 1/4 as bearing N00'30'12"W and with all bearings contained herein relative thereto is contained within the boundary lines which begin at a point on the West line of the said SW 1/4 which bears 800'30'12"E 244.12 feet from the W 1/4 corner of said Section 6 and run thence along the Southerly line of the Water Supply Storage Company Ditch, 845"55'55"E 1242.42 feet, end again 849 13117'r 293.99 feet, and again 556'24'40"e 155.49 feet, and again 869.30'30"t 166.93 feet, and again 877'59'55.6 513.49 feet„and again 576'13'55"E 400.34 feet, and again $66.33.55°E 151.59 feet to a point on the test line of the maid SW 1/4j thence along said East line S00°27'30•: 776.69 feet to the s 1/4 corner of said Section 6; thence Sa6'06,5a'W 2424.12 feet to the Southwest corner of said Section 61 thence. 1100°30'12•W 2400.97 feet to the POINT Cr BEGINNI181. This reservation shall also permit Grantor's ingress and egress as reasonably required for the maintenance, cleaning and repair of said ditch. The parties having the use of said ditch, shall share same on an alternating basis such that Grantor shall have exclusive use of same on its premises described above for four consecutive days followed by Grantee's exclusive use of same on heir pre- mises conveyed herein for six consecutive days, alternating thereafte in the same fashion throughout each irrigation season, or on such other basis as they may subsequently agree. B 1205 REC 02 627 08/16/88 16:12 $6.00 J02 AR215L627 F 1790 MARY ANtr FEUERSTEIN CLERK & RECORDER WELD CO, CO AR2153441 WARRANTY DEED THIS DEED,Made this 15th day of AugUtst 19 88 between INTERSTATE LANDS, LTD., a Colorado Limited Partnership of the *County o1 Lariit r and State of , State Documentary Fee Date_leI/lc-g� Colorado,grantor,and $ .4 • (c4 MILTON E. BAl7PMANN and COI,EEN S. N'1 r Lfa'ERAID I whose legal address is 7001 Weld Cb. R,.1. 84, Ft. Collins, CO 80524 of Uric Cemnty of and Stale of Colorado,grantee: WITNESSETH,That the grantor for and in consideration of(tie sum of FORTY SIX THOUSAND FIVE HUNDRED AND NO/100tns DOLLARS, the receipt and sufficiency of which is hereby acknowledged,has granted,bargained.sold and conveyed.and by these presents does grant,bargain,sell, convey and confirm,unto the grantee,his heirs and assigns forever.all the real progeny together with improvements.if any.situate,lying and being in the County of Weld and State of Colorado described as follows: THE LEGAL DESCRIPTION IS ATTACHED AS EXHIBIT "A" IT1dDRPORATED HEREIN BY REFERENCE. B 1207 REC 02153441 08/30/88 16:22 $6.00 1/002 F 0932 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO TVL I I as known by street and number as. TOGETHER with all and singular the hereditament%and appurtenances thereto belonging,or in anywise appertaining,and the reversion and reversions,remuitukr and remainders,rents.issues and proliIr thereof.and all the estate.right.title,interest,claim and demand whatsoever of the grantor.either in law or equity.of.in and to the above bargained premises,with the hereditament%and appurtenances. i TO HAVE AND TO HOLD the said premises above bargained:and described.with the appurterwrtres.unto the gratiee,his heirs and assigns •1 forever.And the grantor.for himself.his heirs.and personal repre,enahves,does covenant.grant.bargain.and apt=to and with the grantee.his heirs and assigns.that al the rime of to=sealing and delivery of these pre amis,he is well sci and or the premises above conveyed,has good.sore,perfect,absolute and indefeasible estate of inheritance.in law.in fee simple,and has gaol right.full power and lawful authority to grant,bargain,sell and convey the same in manner and form as ahxesaid,and that the same arc free;arid clear from all former and other grunts,bargains,sales,liens,taxes.assessments, encumbrances and restrictions of whatever kind or nature suevcr.escept the 1988g real esta taxes and l in 1989 and all subsequent real estate taxes, and. except all reservations, reessLr1 ice, easements, and rights—of—way of record, if any, and any and all leases and tenanci s, if any. The grantor shall and will WARRANT AND I 0REVER DEFEND the above-bargained eternises in the quiet and peaccabk possession of the grantee, l his heirs and assigns,against all and every person or persons lawfe ll y claiming the whale 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. f IN WITNESS WHEREOF,the grantor ha:executed this deed on the date set forth above. , • ;.�tw TE LANDS, LTD,1 a Colorado Limited P rship ;rJ G9e V.. 14-TcHE S, & CO., a C olorado Corporation, r Q' %w ave Sitz an , Vice President „it; 7.l_ i1TE OP COLORADO 's SDI• . i, , 0 �'Csooty of IarintEr ss r II coin - The foregoing instrumentwas acknowledged before rte in the County of Lorimar ,State of Colorado.this 15 day of August .1988 ,by**Dave Sitzman, Vice President w h 3 of E.E. Mitchell t5Co., a Colorado Corporation, as General Partner of Interstate** ii- tMy Sptppµi5y,et expires (��u ,`, ,,' .19a?� witness my hand end official seal. C.Jo1 0 '' s a Colorado Limited Partners .s V 1` q� a4 M fiN L }nit +vim,� 61�vW�e-. 1.r' .l f'� sRr w r end". N, �l e,e, ,,a zit 5 q7 S 4 co / —W 2- .__.�_- -___.:_-.-_. - --- No.932A.Rev.7-R4. WARRAh'n Uf:Ul tier Pbnwpnphk peened' araafene Puhhehtna•5fCI5 V/Wk/on,.Lakewood,CONNI4—($J)2fddr)W Km @ B 1205 REC 0215164 08/16/88 16:12 $6.00 2/00' F 1791 MARY ANN FE__4STEIN CLERK & RECORDER WELD CO, C. EXHIBIT "A" B 1207 REC 02153441 08/30/88 16:22 $6.00 2/002 F 0933 MARY ANN FEUERSTEIN CLERK a RECORDER WELD CO, CO Covering the Land in the State of Colorado, County of Weld. Described ass A tract of land situate in the SWk of Section 6, Township 7 North, Range 67 West of the 6th F.M. , which considering the Nest line of the said Pit as bearing "00'30'12"W and with all bearings contained herein relative thereto is contained with- in the boundary lines which begin at the West Cuarter Corner of said Section 6, and run thence N87'la'E 2423.84 feet to the center quarter corner of said section 6t thence S00'27'30"E 1711.1.3 feet along the East line of the said 8w$ to a point on the Northerly line of the Water Supply and Storage Company Ditch; thence along said Northerly line 1468°33'56"W 118.10 feet, and again 1476°13'55"W 408.58 feet, and again "77'59'55"W 507.60 feet, and again "68'30'30"W 148.02 feet, and again NS6'24'40"W 137.73 feet, and again N49°13'15"W 284.84 feet, and again N45°56'56'14 1338.06 feet to a point on the West line of the said SW's; thence "00.30'12"W 103.74 feet to the POINT OF BEGINNING. Grantor shall grant and convey to Grantee a right of cannon usage in any and all ditch rights, easements and right of ways now owned by or benefiting Grantor for delivery of water to the subject premises. GRANTOR RESERVES, for itself, its successors and assigns, an easement over and across the property herein conveyed for the purpose of transporting and con- veying water in and through the existing ditch, as presently situated and constituted to the adjacent premises of Grantor, its successors and assigns, described as follows: Covering the Land in the State of Colorado, County of Weld. Described ass A tract of land situate in. the SW 1/4 of Section 6, Township 7 North, Range 67 West of the 6th F.N., which considering the West line of the said SW 1/4 as bearing NOO'30'12•W and with all bearings contained herein relative thereto is contained within the boundary lines which begin at a point on the West line of the said SW 1/4 which bears 800'30'12'E 244.12 feet from the W 1/4 corner of said Section 6 and run thence along the Southerly line of the Water Supply Storage Company Ditch, 845'55'55"8 1242.42 feet, and again 649'13'17"E 293.99 feet, and again 856'24,40't 155.49 feet, and again 569'30'30't 166.93 feet, and again S77'59'55'S 513.49 fest, and again 876'13'55.8 400.34 feet, and again B68'33'5591 101.59 feet to a point on the East line of the said SW 1/4; thence along said East line 600'27'30'6 778.69 feet to the 8 1/4 corner of said Section 6; thence Sa6'o6'58'W 2424.12 feet to the Southwest corner of said Section 61 thence. NOO'30'12'W 2400.97 feet to the POINT OF BEGINNING. . This reservation shall also permit Grantor's ingress and egress as reasonably required for the maintenance, cleaning and repair of said ditch. The parties having the use of said ditch, shall share same on an alternating basis such that Grantor shall have exclusive use of same on its premises described above for four consecutive days followed by Grantee's exclusive use of same on their pre- mises conveyed herein for six consecutive days, alternating the •eafter in the same fashion throughout each irrigation season, or on such other basis as they may subsequently agree. Ik.tmkdr_—_— 8 1.+•12 REC 02294902 07/09/92 11 :43 $10.00 1/002 itcMPmNi —_. F 1572 MARY ANN F'EUERSTEIN CLERK & RECORDER WELD CO, CO 9De WARRANTY DI:F.D 1,R2Zgg STATE noCUMENi:."s: i 7 THIS DEED, dm 1st .I n,•' July Date _ _1..C . I'.92 h<'xrrn MILTON E. BARTMAHN and COLEEN S. ❑ARTMAN.4 Y }' formerly known as Coleen S. Fitzgerald, $ .n the •anal.,,? Weld anJ a rh.rl —• cnlmakr.gannet and KENNETH J. KERCHENFAU•P and SUE K. KERCRENFAUT, as joint tenants with rights of survivarshlp and not as tenants in common, Viih..<legal awn•,.r. 230 Upward Trail. Julian, California '4.!031), I California nil lhr (',arms r,l San Diego .nkl%h oe.n tialaak Bunter NITNFaSETH.Thal the gun',ar lin and in arm.hktrr..n nil the non in Eighty-Eight Thousand and no/100 •• IRR I..ARS, the m opt and,uthuem snilx h„hnhmhs as Om kdenl ha,ur inlet? hneam.l .r11 tad,.'rreed and hl Ihxyvewpn drys gun?,he gaol, a.msr•P and a.nhrm.tml, Ilw pamec hr.Min mil s.gmt.,the.a IT the real m.prr,1••;e'Iwa arenrrpunan..rll.,it ens .nn.ar,II'ng and Sine in the C'rur%uI Weld and 11.1.,.11..hn.nl..do,rdyrla.'rrll..a. SEE EXHIBIT "T." ATTACKED as kmmn h/anel.admnlhn.ts Vacant land, SWl/4 5-7-67 W 6th, Weld County, Colorado TOGETHER xdh all and singular the henWuanwnls ltd airiness es Shwa h•Imn•m: rn in Am, x•appertaining.and the manna and Trnnmh.rrmanden and remainder. TM,.554th♦ml pre ten O,inn,and all Ow en4s,neln ale inking,Jana.'?,hnnand xltaitho 'it the drannn anther en la is Nulls.pl.in and u,the ahn.•has.!nal premise,.x 1M the hen,'lll.rllh.is,and appnrrcnani e. TO HAVE AND TO HOED the said premise,ahn<Smelled and.k.anm,l '"h the.r a to kmme .nnh,die melee.n,kern and assign. Super And the son y.1.whrm.et,.h.hem.and prna.:,al sprismialn es.di• ion,.Frans I argon mid4tia'nand V. the grander,his heirs and assigns.than al the time nl she ensealing"(Shun rd'NY"prea•nrs h 1.n.h.,,ed nit Selwyn ri e•thou.,.nx+nl,his nil.one.midi I.absolute and xkkta,d•le Makin mhrmas n.In Is.in we simple and ha.(vas?nigh',hill pan sal tn.1 rl arnh,nns in rum.harrnm.sill and s.mmas the WS m manner and Mon as gh m'ald.and than the same ate ON and.lea'Small Iernk',ail ird1.1 ream%kayos..salts hen,.lain.&dos.mtnls. tantemhm.n and teak sins..(u hair or armd w nature.ao,<e,u'Ta •M` NO OTHER. I' J ♦tl The grannie shall and x111 WARRANT ANI1NIRhVhR Dtt}.,Ulhr ant Mrg+'rlrA proms,In IS quiet and prxsahlr pn.,r..um the rants. 1 _ his hors and asxgn...wamm allandnes pens.nprsisI%fullprkimrng the.h.k.anus nullhtnnl1heswath..numM'.hall"wlmlethe plural. the plural the singular.and the use nil an)gender.hall he invisible In all grwkn fw•A INNWON WHERE S grants has se,real his.k.%nn the dente llin1nh nnnr, 4 v�t11 1tllAr+rlou e��13 1� - . ...... `e 3ii:1?.i R s t S. N, FDiner y own as Co leen S. Fitzgerald stet-_ {TAI( 0? 1'OIfIAAIRI r"unn.tl Larinor }•• The Imrpmng Instrument vas akamkdged hefar ant Ibis 1st .alt M July .19g2 Iry MILTON E. BARTMANN and COLEEN S. BARTMAPIN, formerly known as Coleco S. Fitzgerald. My aummnsnm«mm, May 13th Is 96 wnnt,.ni ahand and imiat oral i " �► mien _ate,C• MILAF. J. HEPIR�• 'If an Iwmin, •r1��y6i Gv=l: ��JJJJJJ No.932A.Rix.744. %ARRANTY DEW.F.Royaplk Dowd' • 'twined PuNMn1 Ina'Nan N lA nun 111 tab: run,•c Jere' 1;.•n • B 1342 REC 02294902 07/09/92 11:43 $10.00 2/002 • F 1573 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO FILE Na. 927631 "EXHIBIT A" A TRACT Cr LAND SITUATE IN THE SSI 1/4 OF SECTION Ei, TOWNSHIP 7 Ni7RTgi, RANGE 67 WEST OF THE 6111 P.M., WHICB 03NSIDFRING THE WEST LINE OF THE SAID SW 1/4 AS BFARDC N 00 DDS 30' 12" W AND WITH ALL BEARIEGS CONTAINED HEREIN RELATIVE '1tSERE1C1 IS03NTAINED WITHIN WE BLUNDARY LINES WHLCei BEGIN AT THE WEST QUARTER COMER OF SAID SECTION 6, AND RLIN TWICE N 87 DEGREES 14' E 2423.84 FEEL' W THE CEN'I2 QUARTER CORNER OF SAID SECTION 6; THE S 00 DBMS 27' 30" E 1711.13 FEET A[OI THE FAST LINE OF THE SAID SW 1/4 TO POINT POI CM TUE NORVAERLY LINE OF THE WATER SUPPLY AND STORAGE COMPANY DITCH; THE CE Man SAID NORTHERLY LINE N 68 DEGREES 33' 56" W 118.10 FEer, AND AGAIN N 76 DEGREES 13' 55" W 408.58 FEET, AND AGAIN N 7i DEGREES 59' 55" W 507.60 FEET, AND AGAIN N 68 DEGREES 30' 30" W 148.02 FEET, AND AGAIN N 56 DB3REES 24' 40" W 137.73 FEET, AND AGAIN N 49 DEGREES 13' 15" W 284.84 FEET, AND AGAIN N 45 DEGREES 56' 56" W 1338.06 FIST 10 A POINT CN TEE WEST LINE OF THE SAID SW 1/4; TNT N 00 DEGREES 30' 12" W 103.74 FEET TO THE FOINT OF BEGINNING, COUNTY OF C, STATE OF COLORADO. TOGETHER WITH all rights, title, and interest of the Grantor in and to the Cactus Hill Ditch. HUM 111111111111 11111 ITill 11111 NE 111 III 1111 III 986 2912906 R 121281 001 0 Y6 9 Weld County 04:08P a kamoto 1 of Warranty Deed THIS DEED is a conveyance of the real property described below, including any improvements and other appurtenances (the 'property')from the individual(s),corporation(s),partnership(s),or other emity(ies)named below as GRANTOR to the individual(s) or entity(ies)named below as GRANTEE. The GRANTOR hereby sells and conveys the property to the GRANTEE and the GRANTOR warrants the title to the property,except for(I)the lien of the general property taxes for the year of this deed,which the GRANTEE will pay(2)any easements and rights-of- way shown of record (3)any patent reservations and exceptions(4)any outstanding mineral interests shown of record (5)any prote tivecovenants and restrictions shown of record(6)any additional matters shown below under'Additional Warranty Exceptions", and(7)subject to building and zoning regulations. D.F. 525.29 The Specific Tams of This Deed Are: Grantor: (Give nam(s)and plugs)of eeidae-e;if the spouse of the wear-panto(is joining in this Geed to release homestead rights,Identify grantors as husband and wife.) KENNETH 3. KERCHENFAUT AND SUE K.KERCHENFAUT Grantee: (Give name(s)and address(es);statement of address,including available road or street number.) DYECREST DAIRY LIMITED LIABILITY COMPANY,A COLORADO LIMITED LIABILITY COMPANY //3 ? Nc..7`Q,. Co.. g A bl `Zan/Catt Ce- 8 d S.)(( Form or Co-Ownership: Of there two or more grameei oared,they will be considered to take as tensors in common unless the words'in joint tenancy'or words of the mane mowing arc added in the apace below.) Property Dacriptloe an:dude county and state.) LOT B OF AMENDED RECORDED EXEMPTION NO.0705-06.3-AMRE-2992,ACCORDING TO THE PLAT RECORDED DECEMBER 12,2001 AS RECEPTION NO,2908198,BEING A PORTION OF THE SWI/4 OF SECTION 6,TOWNSHIP 7 NORTH, RANGE 67 WEST OF THE 6TH P.M.,WELD COUNTY,COLORADO. Property Address: WCR 13 CO Consideration: (The statement of a dollar ammo*is optbnl,adequate consideration for this deed will be presumed unless this conveyance is identified as a gift. In any ease this conveyance u absolute.final end uomntlhional.) TWO HUNDRED FIFTY TWO THOUSAND EIGHT HUNDRED FORTY FIVE AND 00/100 Raerntioaa-Reatrldlons: (If the GRANTOR ineds to come any iserat In the property or to convey less then is owned,or if the GRANTOR S restricting the GRANTEE'S right in the Rummy,make appreprue iodination.) see attached Exhibit A Additional Warranty Exceptions: (Include deeds of trust being assumed and other mown ea covered above.) Executed by the Grantor on DECEMBER 28,2001 Signature for Corporation,Pattoership or Association: Signature for Indtvidual(s): Name of Grantor: Corporation,Pamership or Association KENNETH J.KfCHENFAUT Grantor By Grantor By d.f �l UE K KERCHENFAUT Grantor Attest: STATE OF COLORADO COUNTY OF WELD ssThe foregoing instrument was acknowledged before me this 28th day of DECEMBER,2001 Bye KENNETH I.KERC UE K.KERCHENFAUT Sal ?la n M my hand o%}jly commission My commisioo expi (fC7BBEx20,2005 � Notary Public STATE OF RtJ(ICI COUNTY OF Ors :r0� 1221 8TH AVENUE, GREELIiY,CO.80631 • The foregoing ins acknow ' efore me this day of CO- ("name individual Oranter(a)or if Gran r n Corporation,Partnership or Association,then identify signers as president or vice president and secretary or assistant secretary of corporation:or as parmer(a)of partnership;or as authorized member(a)of association.) WITNESS my hand and official seal. My commission expires: Notary Public 0 1981 UPDATE LEGAL FORMS WCTC No.201-L 1111111111111111111111111111111111 NEVI 11111 IIII 2912986 12/28/2001 04:08P JA Sub Tsukamoto 2 of 2 R 10.00 D 25.29 Weld County CD EXHIBIT A Grantor reserves,for itself,(but not its successors or assigns),as easement over and across the property herein conveyed with the purpose of transporting and conveying water in and through the existing ditch on the property,as presently situated and constituted,for the benefit of and the irrigation of Grantors' adjoining property known as lot A,Recorded Exemption no.0705 06 3 AMRE-2992 dated December 12, 2001. This reservation shall also permit Grantor ingress and egress as reasonable required for the maintenance,cleaning,repair and reconstruction of said ditch. Grantor also reserves,for itself,an undivided fifty percent(50%)interest(but not its successors or assigns),in and to Grantors'right to use said ditch. The Grantor and the Grantee shall share equally on an alternating daily basis the use of the ditch. The right to use the ditch does not convey any water rights. Grantor hereby conveys and quit claims to Grantee an undivided fifty percent (50%) interest in and to Grantor's right to use said ditch. The transfer of ditch rights, if any, is without warranty. /<:- d,,(i j•w (S 309 1 Inn mill IIII 11111111111111111111 3422309 09/26/2006 12:41P Weld County, CO 1 of 1 R 6.00 D 39.50 Steve Moreno Clerk & Recorder WHEN RECORDED RETURN TO: Ted V. Simmons and Jamie M. Simmons 5208 Keystone Creek Court SDF $39.50 Fort Collins, CO 80528-8556 WARRANTY DEED THIS DEED, dated September 25, 2006, between Dyecrest Dairy Limited Liability Company, a Colorado limited liability company of the County of Weld and State of Colorado, grantor(s), and Ted V. Simmons and Jamie M. Simmons, whose legal address is 5208 Keystone Creek Court, Fort Collins, CO 80528-8556, of the County of Latimer and State of Colorado, grantee(s): WITNESS, that the grantor(s), for and in consideration of the sum of Three Hundred Ninety Five Thousand and 00/100 Dollars ($395,000.00), the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the grantee(s), his heirs and assigns forever, not in tenancy in common, but in joint tenancy, all the real property, together with improvements, if any, situate, lying and being in the County of Weld and State of Colorado, described as follows: Lot 8 of Amended Recorded Exemption No. 0705-06-3-AMRE-2992, according to the Plat recorded December 12, 2001 at Reception No. 2908198, being a portion of the SW1/4 of Section 6, Township 7 North, Range 67 West of the 6th P. M. Weld County, Colorado. also known by street and number as: 41490 Weld County Road 13, Fort Collins, CO 80524 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(s), either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances; TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantee(s), his heirs and assigns forever. The grantor(s), for himself, his heirs, and personal representatives, does covenant, grant, bargain and agree to and with the grantee(s), his heirs and assigns, that of the time of the ensealing and delivery of these presents, he is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature whatsoever, except general taxes for the year 2006 and subsequent years, and except easements, covenants, conditions, restrictions, reservations, and rights of way of record, if any. The grantor(s) shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable possession of the grantee(s), his heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall Include the plural, 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. Dyecrest Dairy Limited Liability Company, a Colorado limited liability company TDye f/ Its: Manager STATE OF COLORADO )SS COUNTY OF LARIMER The foregoing instrument was acknowledged before me on eptember 25, 2006 by Terence Dye as Manager of Dyecrest Dairy Limited Liability Company, a Colorado limite. bility company. Witness my hand and official Cy ` / / � OC(Jy`G!� efr_ My Commission Expires: 7415-0g •tary Public OZANf,P�jBhl s ue:•'' • I (JARFUL .1 if. BLOCH O : 9-:•••• ' ..... oQP�F t CO`_ Pie No.: TNFC0002328 WD Indv to Indv-DOC 9/22/06 3:39 PM TNFC 309 I IIIIII 1111111111111111 Illl IIIII 1111111 III 1111111111111 3422309 09/26/2006 12:41P Weld County, CO 1 of 1 R 6.00 D 39.50 Steve Moreno Clerk& Recorder WHEN RECORDED RETURN TO: Ted V. Simmons and Jamie M. Simmons 5208 Keystone Creek Court SDF $39.50 Fort Collins, CO 80528-8556 WARRANTY DEED THIS DEED, dated September 25, 2006, between Dyecrest Dairy Limited Liability Company, a Colorado limited liability company of the County of Weld and State of Colorado, grantor(s), and .Ted V. Simmons and Jamie M. Simmons, whose legal address is 5208 Keystone Creek Court, Fort Collins, CO 80528-8556, of the County of Larimer and State of Colorado, grantee(s): WITNESS, that the grantor(s), for and In consideration of the sum of Three Hundred Ninety Five Thousand and 00/100 Dollars ($395,000.00), the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the grantee(s), his heirs and assigns forever, not in tenancy in common, but in joint tenancy, all the real property, together with improvements, if any, situate, lying and being in the County of Weld and State of Colorado, described as follows: Lot 8 of Amended Recorded Exemption No. 0705-06-3-AMRE-2992, according to the Plat recorded December 12, 2001 at Reception No. 2908198, being a portion of the SW 1/4 of Section 6, Township 7 North, Range 67 West of the 6th P. M. Weld County, Colorado. also known by street and number as: 41490 Weld County Road 13, Fort Collins, CO 80524 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(s), either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances; TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantee(s), his heirs and assigns forever. The grantor(s), for himself, his heirs, and personal representatives, does covenant, grant, bargain and agree to and with the grantee(s), his heirs and assigns, that of the time of the ensealing and delivery of these presents, he is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of Inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature whatsoever, except general taxes for the year 2006 and subsequent years, and except easements, covenants, conditions, restrictions, reservations,and rights of way of record, If any. The grantor(s) shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable possession of the grantee(s), his heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural, 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. Dyecrest Dairy Limited Liability Company, a Colorado limited liability company / A �! TY er2nfe Dye Its: Manager STATE OF COLORADO )SS COUNTY OF LARIMER The foregoing instrument was acknowledged before me on eptember 25, 2006 by Terence Dye as Manager of Dyecrest Dairy Limited Liability Company, a Colorado limite. bility company. Witness my hand and official seal. //� \ __ My Commission Expires: /A/510�yO / •tary Public (J� DARE(tA L. \. 5. I I BLdCH .. i II F,. . O: Itt‘‘ OF CO�--- File No.: TNFC0002328 WD Inch/ to Indv-DOC 9/22/06 3:39 PM TNFC PROPERTY DESCRIPTION 40'Access&Utility Easement An easement being a portion of Lot B,Recorded Exemption No.0705-06-2-RE-3068, recorded September 28,2001 at Reception No.2887241 of the Records of Weld County, together with a portion of the East Half of the Northwest Quarter(EI/2NW 1/4)of Section Six(6),Township Seven North (T.7N.),Range Sixty-seven West(R.67W.),Sixth Principal Meridian(6th P.M.),County of Weld,State of Colorado,more particularly described as follows: Commencing at the West Quarter Corner of said Section 6 and assuming the South line of the Northwest Quarter (NW 1/4)as bearing North 87°34'24"East being a grid bearing of the Colorado State Plane Coordinate System,North zone,North American Datum 1983/92 a distance of 2422.07 feet with all bearings contained herein relative thereto; THENCE North 87°34'24"East along the South line of the NW 1/4 a distance of 30.02 feet to the Easterly Right-of-Way (ROW)line of Weld County Road 13 (WCR 13); THENCE North 00°07'31"West alone said Easterly ROW line a distance of 20.02 feet to the POINT OF BEGINNING: THENCE continuing North 00°07'31"West along said Easterly ROW line a distance of 40.03 feet; THENCE North 87°34'24"East along a line parallel with and 60.00 feet Northerly of,as measured at a right angle to the South line of the NW I/4 of said Section 6, a distance of 1470.14 feet; THENCE South 00°12'43"East a distance of 60.04 feet to the South line of the NWl/4 of said Section 6; THENCE South 87°34'24"West along said South line a distance of 40.03 feet: THENCE North 00°12'43"West a distance of 20.02 feet; THENCE South 87°34'24"West along a line parallel with and 20.00 feet Northerly of, as measured at a right angle to the South line of the NW 1/4 of said Section 6,a distance of 1430.17 feet to the Easterly ROW line of WCR 13 and to the POINT OF BEGINNING; Said described easement contains a total of 59,607 sq.ft or 1.368 acres,more or less and is subject to any existing easements and rights of way of record or as now existing on said described parcel of land. SURVEYOR'S CERTIFICATE I,Steven A.Lund,a Colorado Registered Professional Land Surveyor do hereby state that this Property Description was prepared under my personal supervision and checking, and that it is true and correct to the best of my knowledge and belief. n c Steven t 1 $ ` ehalf of King Surveyors.Inc. Colorado Registered Professional Land Surveyor#34995 KING SURVEYORS,INC. 650 Garden Drive Windsor,Colorado 80550 (970) 686-5011 P\200722TLEGALS2007227EXH 02 doc Page 1 of 1 40' ACCESS & UTILITY EXHIBIT NW1/4, SEC. 6, T.7N., R.67W. EASEMENT I CENTER QUARTER CORNER SECTION 6, T.7N., R.67W. FOUND #6 REBAR WITH 2 1/2" ALUMINUM CAP STAMPED LS 4502 AND 1996 N m N L4 I_ 100' 50' 0 100' to J 1'= 100' e AL6 I tN -,tti w\is c 5 I n LINE TABLE I N? LINE BEARING LENGTH n w L1 N8T34'24"E 30.02' I m q L2 NO0'07'31"W 20.02' — — '-- — w o N L3 N00'07'31"W 40.03' I a N O f4 L4 S00'72'43"E 60.04' n¢ V L5 587'34'24"W 40.03' ra- m 'e L6 N0012'43"W 20.01' 40'ACCESS £7 UTILITY z EASEMENT 59,607 Sq.Ft.!1.368 Ac. NI a al N M d i ( C n / _ c w e ° 3459 1 '�. n N NI C4 M M Z nib Steve ti:4h '�- ealf of King Surveyors, Inc. 4D / Lolorado rofessional Z / Land Surveyor 34995 �V/ I N cn NOTE: This exhibit drawing is not intended to be o ao C N monumented land survey. It's sole purpose is as a 1 0 t',tp graphic representation to aid in the visualization of 1'z O e the written property description which it accompanies. I ow V The written property description supersedes the am N exhibit drawing. 1 4 WELL) COUNTY ROAD 13 30' L3 [2 I 1 NOO'07'31"W 2641.33' I —7 L NORTHWEST CORNER WEST QUARTER CORNER SECTION 6, .7N., R.67W. SECTION 6, T.7N., R.67W. 1' WITH 2 1/2" FOUND #6 REBAR WITH 3 1/4" FOUND #6 REBAR ALUMINUM CAP STAMPED ALUMINUM CAP ILLEGIBLE LS 4392 AND 1996 IN MON. BOX POINT OF COMMENCEMENT OMMENCEMENT KING SURVEYORS, INC. PROJECT NO:2007227 DATE:5-17-07 650 Garden Dave I Windsor,Colorado 80550 CLIENT:NWCWD phone:(970)686-5011 I fax:(970)686-5821 DWG:2007227EXH_O2 www.kingsurvevors.com DRAWN: BTE CHECKED:SAL PROPERTY DESCRIPTION 20' Permanent Waterline Easement An easement being a portion of Lot B,Recorded Exemption No.0705-06-2-RE-3068, recorded September 28,2001 at Reception No.2887241 of the Records of Weld County, together with a portion of the East Half of the Northwest Quarter(E1/2NW1/4)of Section Six(6),Township Seven North(T.7N.),Range Sixty-seven West(R.67W.),Sixth Principal Meridian(6th P.M.),County of Weld, State of Colorado,more particularly described as follows: Commencing at the West Quarter Corner of said Section 6 and assuming the South line of the Northwest Quarter(NW1/4) as bearing North 87°34'24"East being a grid bearing of the Colorado State Plane Coordinate System,North zone,North American Datum 1983/92 a distance of 2422.07 feet with all bearings contained herein relative thereto; THENCE North 87°34'24"East along the South line of the NW1/4 a distance of 30.02 feet to the Easterly Right-of-Way (ROW)line of Weld County Road 13(WCR 13) and to the POINT OF BEGINNING; THENCE North 00°07'31"West along said Easterly ROW line a distance of 20.02 feet; THENCE North 87°34'24"East along a line parallel with and 20.00 feet Northerly of,as measured at a right angle to the South line of the NW1/4 of said Section 6,a distance of 1430.17 feet; THENCE South 00°12'43"East a distance of 20.02 feet to the South line of the NW1/4 of said Section 6; THENCE South 87°34'24"West along said South line a distance of 1430.20 feet to the Easterly ROW line of WCR 13 and to the POINT OF BEGINNING; Said described easement contains a total of 28,604 sq.ft or 0.657 acres,more or less and is subject to any existing easements and rights of way of record or as now existing on said described parcel of land. SURVEYOR'S CERTIFICATE I,Steven A.Lund,a Colorado Registered Professional Land Surveyor do hereby state that this Property Description was prepared under my personal supervision and checking, and that it is true and correct to the best of my knowledge and belief. /-u v'. 3499`5 ;cc —} yt •; Steven . ehalf of King Surveyors,Inc. Colorado Registered Professional Land Surveyor#34995 KING SURVEYORS,INC. 650 Garden Drive Windsor,Colorado 80550 (970) 686-5011 P:1200722TLEGALS\2007227EXH_0l.doc Page 1 of 1 ' 20' WATERLINE EASEMENT EXHIBIT NW1 4, SEC. 6, T.7N., R.67W. CENTER QUARTER CORNER SECTION 6, T.7N., R.67W. FOUND #6 REBAR WTH 2 1/2" ALUMINUM CAP STAMPED LS 4502 AND 1996 — to m � _��-�� ES � _y1.L_a m �1� " L3 1.I 100' 50' 0 100' I 1"= 100' N.. 2� L-4 e Li N0 a V N a c, Y K N Q W CO Pj LINE TABLE a0 N LINE BEARING LENGTH ^v Oca4 L7 N8T34'24"E 30.02' 7 V��. L2 N00'07'31"W 20.02' 20'WATERLINE L3 500"12'43"E 20.02' EASEMENT j, b 28,604 Sq.Ft./0.657 Ac. r IN O 6 M N) d- d- W ��G'.'C--la''S'F m g N N to to t_ 34r5 ( N N co• co Steve .CK" 'o half of King Surveyors, Inc. Colorado rofessional Land Surveyor 34995 N NOTE: This exhibit drawing is not intended to be a C N monumented land survey. It's sole purpose is as a \ Fr Lk) graphic representation to aid in the visualization of \ Di O 114 the written property description which it accompanies. \ rZ Q The written property description supersedes the z- exhibit drawing. N 6 w am L — ^ WELD COUNTY ROAD 13 Jo' L2J r\--61 -11- 1� iVr N00t7'31"W 2641.33' --i LNORTHWEST CORNER WEST QUARTER CORNER SECTION 6, 117N., R.67W. SECTION 6, T.7N., R.67W. FOUND #6 REBAR WITH 2 7/2" FOUND #6 REBAR WITH 3 1/4" ALUMINUM CAP STAMPED ALUMINUM CAP ILLEGIBLE LS 4392 AND 1996 IN MON. BOX POINT OF COMMENCEMENT KING SURVEYORS INC. PROJECT N0:2007227 DATE:5-17-07 650 Garden Drive I Windsor,Colorado 80550oc' CLIENT:NWCWD phone:(970)686-5011 I fax:(970)686-5821 DWG:2007227EXH-01 www.kingsurveyors.com DRAWN:BTB CHECKED:SAL % - Wren u>rI.® 9o0Y2'4fl nro.+ MON n I / / I / ^' g9 I i/ r 4--- /----- / 0 . , / , r rrd 6 1i\VV� /4•d�+/ lie /cS a a % % I '� /g Fi { {iii.p I* w� / UILLE r ,1111111��1, v [ --- i - i :1:1:111111: Pc 1 / 7, + / 1%4rYI - -__ i Q b % Ll I. /% p I i ° tr , I it f j, / nel u W ° W 11 S • a / ;ittii p o Ii • §I /rr� 3 /..- Al �P 1 '� 1 a 0; ,,: e `� ' i, rravou.uxnoo 4 fit I a it- p------ - a * . il Oh iiiN N °i. @ ,i a // w a v iw r , ll dal , kJ� v ta o -- - raitittiu na--H- v n .c ." --. -'�-------T m. a -u.', � � wvo 4 yt C R N H P. L .J L. A 9 �C it2 i I N N O U B N W ." -" a ti 9e I® l4Piih ... §! ii I; p FC 57 U N w r0 . 3 m N u u WELD COUNTY ROAD ACCESS INFORMATION SHEET Weld County Department of Public Works 111 H Street, P.O. Box 758, Greeley, Colorado 80632 Phone: (970 )356-4000, Ext. 3750 Fax: (970) 304-6497 Road File#: Date: RE# : 0705-06-3 2AMRE 2992 Other Case#: 1. Applicant Name Jamie M. and Ted V. Simmons Phone Address 5208 Keystone Creek Court City Fort Collins State CO Zip 80528 2. Address or Location of Access Lot B Amended RE 2992 Section 6 Township 7 Range 67 - Subdivision Block Lot Weld County Road#: 13 Side of Road E Distance from nearest intersection 2200' +/- 3. Is there an existing access to the property? Yes X No #of Accesses 1 4. Proposed Use: II Permanent ® Residential/Agricultural ❑ Industrial ❑ Temporary U Subdivision ❑ Commercial Li Other Public Water Storage Facility, Pending USR ******************************************************************************Mgr********************************************* Apprn 5. Site Sketch Legend for Access Description: AG = Agricultural RES = Residential [---77--ri L_ O&G = Oil&Gas D.R. = Ditch Road O = House O = Shed ''.`-s, ^I* 46, = Proposed Access tJ t = Existing Access I v N ct, ,t (\9\\% etc dJ C *********************************************** � - OFFICE USE ONLY: Road ADT Date Accidents Date Road ADT Date Accidents Date Drainage Requirement Culvert Size Length Special Conditions — ❑ Installation Authorized ❑ Information Insufficient Reviewed By: Title: -7- DISTRICT COURT, WELD COUNTY, COLORADO Er!LED Document—District Court Weld County Courthouse 2008U% 199 9th Street and 9th Avenue CO Weld County District Court 19th J1) P.O. Box 2038 riling Date:Aug 22 211118 4:281'91 T Greeley, CO 80631 riling Ill: 21201806 Phone Number: (970) 351-7300 Petitioner: North Weld County Water District Respondents: Margaret A. Schneider, John R. Lefebvre, Jr., in his official capacity as Treasurer of ACOURT USE ONLY A Weld County, Susie Velasquez-Jojola in her official capacity as Public Trustee of Weld County Case No. 08 CV 199 Division No. 1 ORDER FOR IMMEDIATE POSSESSION This matter having come before the Court for hearing on issues of immediate possession on July 10, 2008, and following testimony and receipt of evidence, the Court: HEREBY FINDS: 1. The Court finds that Petitioner, North Weld County Water District, is a duly authorized subdivision of the State of Colorado, with statutory authority to condemn property pursuant to C.R.S. 32-1-1001 et seq; 2. The Court finds that the property subject to Petitioners request for Immediate Possession is on a portion of the property located in the NW 1/4 of Section 6, Township 7 North, Range 67 West of the 6th P.M., Weld County, Colorado, and shall hereafter be designated as "The Subject Property". 3. The Court finds that Respondent Margaret Schneider is the fee owner of the Subject Property. 4. The Court finds that Petitioner has made application to acquire a property interest in The Subject Property in the form of two permanent easements as identified by the legal descriptions and survey plats attached hereto as Exhibit A & B. 5. The Court finds that Petitioner requests to acquire said easement interests in the Subject Property for the public purpose of extending and supplementing its potable water transmission system in the area, including the addition of water transmission lines, and a service road incident to a proposed water storage tank on adjacent property. 6. The Court finds that Petitioner has demonstrated a present need for its requested interest in the Subject Property. 7. The Court finds that the Parties entered into discussions and negotiations for the purpose of informal resolution of Petitioner's requested interest in the subject property, including discussions and transmittal of information and offers of compensation to the Respondent. The Court finds that said negotiations were not fruitful, but that Petitioner has satisfied it requirement to negotiate for resolution in good faith before commencing the above-captioned action. 8. The Court finds that the Petitioner has complied with its own internal procedures by passing a resolution related to the acquisition of an interest in The Subject Property; 9. The Court finds that Petitioner has served a timely and compliant Notice of Intent to Acquire and Offer to Purchase upon Respondent, and that further, Petitioner has met the statutory requirements of these Immediate Possession proceedings. 10. The Court received testimony and evidence from the Petitioner regarding the fair market value of the requested taking, but received no evidence from Respondent. The Court received no evidence of any damage to the remainder of the property from Petitioner's proposed easements, and no evidence of benefits to the remainder occasioned by the Petitioner's request. The Court finds that the real estate appraisal and related testimony of W. West Foster to be credible and sufficient to satisfy the Court regarding the probable fair market value of Petitioner's requested easements upon the Subject Property, and that security in the amount of Fifteen Thousand ($15,000.00) shall be sufficient for the purposes of granting Petitioner immediate possession of the property interest. C:\DOCUMENTS AND SETTINGS\FSADMIN\MY DOCUMENTS\fZONVERSIONWORKDIR\359_200808222226460967.DOC CONCLUSIONS OF LAW: 1. The Court concludes that Petitioner, North Weld County Water District , is a political subdivision of the State of Colorado, as defined by C.R.S. 32-1-1001 et seq., and that Petitioner enjoys Eminent Domain authority pursuant to C.R.S. 38-1-119 and the Colorado Constitution, Article 16, §7; 2. The Court concludes that Petitioner enjoys the power to acquire an interest in The Subject Property pursuant to C.R.S. 32-1-1001(f) and C.R.S 32-1- 1006(1)(e) and (f); 3. The Court concludes that just compensation for security purposes related to Immediate Possession of the Petitioner's proposed easements on the Subject Property sought shall be: $15,000.00 ORDER IT IS HEREBY ORDERED that Petitioner, North Weld County Water District may exercise its statutory right to acquire easement interests in Respondent's real property as identified herein and attached as Exhibits A & B, and is herby granted Immediate Possession; IT IS FURTHER ORDERED that Petitioner shall deposit with the Clerk of the Weld District Court a sum of Fifteen Thousand ($15,000.00) dollars as security payment to allow for immediate possession of the subject property interest; IT IS FURTHER ORDERED that Petitioner, North Weld County Water District, upon deposit of security funds enumerated in this Order, shall be authorized to take immediate possession of the permanent easements upon Respondent's real property identified above and in Exhibits A & B; IT IS FURTHER ORDERED that Respondent shall be entitled to withdraw, without further motion to the Court, up to Seventy-Five (75%) Percent of Petitioner's deposit of funds ordered herein, for a withdrawal not to exceed Eleven Thousand, two hundred and fifty dollars and 00/100 ($11,250.00) Dollars. IT IS FURTHER ORDERED that Petitioners shall not be required to post a bond as part of these proceedings if said security deposit, identified above, is deposited with the Clerk of the Court pursuant to this Order; IT IS FURTHER ORDERED that the Court shall entertain Respondent's post hearing motion related to withdrawal of the security proceeds, if said motion is filed before the close of court business on the 15th day following the date of this Order. C:\DOCUMENTS AND SETTINGS\FSADMIN\MY DOCUMENTS\5ONVERSIONWORKDIR\359_200808222226460967.DOC • • IT IS FURTHER ORDERED that Petitioner shall set matter for trial within thirty (30) days of the date of this order. Date: August 22, 2008 f� Ito er A "Icin District _ourt sludge This document was filed pursuant 10 C R.C P. 121, § 1-26. .4 printable version of the electronically signed order is available in the Court's electronic file. C:IDOCUMENTS AND SETTINGSIESADMINIMY DOCUMENTSWONVERSIONWORKDIR1359_200808222226460967.DOC PROPERTYAFSCRIPTION 20'Permanent Waterline Easement An easement being a portion of Lot B,Recorded Exemption No.0705-06,2-RE-3068, recorded September 28,2001 at Reception No.2887241 of theRecords of Weld County, mgetherwith a portion of the East Half of the Northwest Quarter(EI/2NW1/4)of Section Six(6►,Township Seven North(T.7N.),Range Sixty-seven West(R.67W.),Sixth Principal Meridian(6thRMJ,County of Weld,State of Colorado.more particularly desaibed as follows Cammancmg at the West Quarter Comer of said Section 6 sod aasmning the South line of theNatltwest Quarter(NW1/4)as bearing North 6734'24"East being a grid bearing at the Colorado State Plane Coordinate System,North an Nora Amerircan Daiwa 1983/92 adistame of 2422.07 feet'with all bearioge contained herein relative thereto; THENCE North 8T34'24"East along the South line of the NV/1/4 a distance of 30.02 feet to the Easterly Right-of-Way(ROW)line of Weld Canty Road 13(WCR 13)and to the POINT OFBEGINNING; THENCE North 00°07'3I"West along said Easterly ROW line adistmrx of 20.02 feet; THENCE North 8T34'24"East along aline parallel with and 20.00 feet Northerly of,as • measured at a right angle to the South line of the NWI/4 of said Section 6,a distance cf 1430.17 feet; THENCE South 00°12'43"East a distance of 20.02 feet to the Sash late of the NW114 of said Section 6c _. THENCE South 8T34'24"West along said South line a distance of 143020 feet to the Easterly ROW line of WCR 13 and to the POINT OF BEGINNING; Said desmlred easement contains a total of 28,604sq.ft or 0.657 acres,more orless and is subject to any evicting easements and rights of way of record ors now existing on said described parcel of land. • SURVEYOR'S C$RTINJCATE .. I Steve A.Lind,a Colorado Regiacered Professional Land Smveyrx do hereby state that this Property Deaetiption was prepared hinder my personal supervision and chedciag, and that itis true and correct to the best°f ray and beltaf. G ! ",sir ' 1 n_s;"=JR _ aging s rveyota,Inc Cohan&Registered Professional Land Surveyor#34995 KING SURVEYORS,INC. 650 GatdettDrive Windsor,Colorado 80550 (970)68611 EXHIBIT • A Mn o129nE0atana nmxn aunt Apt et 20' WATERLINE EASEMENT EXHIBIT NW1/4, SEC. 6, T.7N., R.S7W. L CENTER QUARTER CORNER SECTION 6, T.Tv., R.671&R.671&WITHPOUND is REBAR 0I 2 1/2' AUM6911.1 CAP STAMPED LS 4502 MC 1996 A 'm cm 100' 50' 0 100' I=I I \ r' 100' t . sti hi \ a a LINE TABLE c LINE [BEARING LENGTH Li N6734'24.E 30.02' g" L2 Noo'D'J'31'W actor 20'WATERLINE 13 500'12'4TE 20.07 EASEMENT i� o 2B,G045q.Ft/0657dc . N w 3 %Ad.-- 1. y1 N N !_ I I .- co N all of IGn9 SUregyarth Inc.lami Lord Surveyor NOTE This Stilt drawing is not intended to be a nwnomentsd land survey. It's sole purpose is m a t” graphic repreemtafbn to old In the vleuaemtlon of o the written property dam ption which B acsaoMas " V lhe written Fpnopwrty descsupersedestian supersedes the tj cochlea a MO L _ WELD COUNTY ROAD 13 r L2 —' NOOUT31'W 2647.35 — — — — — PEST C0181ER — BEST QUARTER CORNER TIN., RB7W. SECIPFL 6. LTV.,P.B7W. FOUND fa REBAR W7H 2 1/2' FOUND /6 MBAR MTh 3 lir PED ALUMINUM CAP ILLEGIBLE AND 199 CAP ON.STA BOX IS 4�2 I N0 1995 4 NDE BOX POINT CF COI6RVCE1EN7' ICING SURVEYORS,INC. PROJECT N�2007227 �AN 650 Gram Drive W DATE:5-17-07 1 adear:Calomdo 80550 N' re=TOD686-50L F fl 6686-5321 0W6e2700 22 7F,xi 01 e DRAWN:BIB CHECKED:SAL PROPERTY DFegYIPfION 40'Access&Utility Easement An easement being a portion of Lot B,Recorded Exemption No.0705-06►2-RE-3068, recorded September28,20W at Recepdetn No.2887241 of the Records of Weld County, together with a portion of the East Half of the Northwest Quarter(EI/ZNWI/4)of Section Six(6),Township Seven North(T.7N.),Range Sixty-seven West(R.67WJ,Sixth Prin ipal Meridian(6th PM),County of Weld,State of Colorado,more particularly desctilted as follows: Commencing at the West Quarter Coma of said Section 6 and assuming the South lino of the Northwest Quarter(NWl/4)as beefing North 87°34'24"East being a grid bearing of the Colorado State Plane Cdordinate System,North erne,North American Datum 1983/92 a distance of 2422,07 feet with all bearings contained herein relative thereto; TREKENorth 87°34'24"East along the Sash line of the WW1/4 a distance of 30.02 feet to the Easterly Right-of-Way CROW)line of Weld Canny Road 13(WCR 13): THFNCENorth 00"07'31"West along said Easterly ROW line a distance of 20.02 feet to the POINT OF BEGINNING; THENCE continuing North 00°07'31"West along said Easterly ROW line a distance of 40.03 feet;THENCE-Noah 8794'24"87°34'7.8'East along a line parallel with and 60.00 1St Northerly of,as measured eta right angle to the Sash fare of the N911/4 of said Section 6,a dtetanceof .. 1,47014 feet THENCE South 00°12'-03"East adimer',of 60.04 feet to the South line of the NM/4 of said.Section 6; THENCE South S7°34'24'West along said South late a distance of 40.03 feet; THENCENorth 00°I2'43'West a distance of 20.02 free THENCE Stith 87°34'24'West along a line petard with and 20.00 feet Northerly of as measmed ata right angle to the South Erie of the NW1/4 of said Section 6,a distance of 143017 feet to the Easterly ROW line of WCR 13 and to the POINT OF BEGIN IING; Saki demaibed easement Contains a total of 59,607 s4 ft or 1368 saes,more or less and a subject to any existing easements and rights of way of record err as now existing on said described parcel of land • SURVEYOR'SCEitTIFJCATE • t Steven A.Lund,*Colorado Registered Ptofrssionaal Land Surveyor dohaeby state that this Property Desaiptiat was prepared under my personal supeavlsion and checking, and that it Is „- and correct to dankest of my knowledge and belief. feQ '. Stevm`�_,�: -'. , of rum Surveyors,Inc. Colorado Registered Professional Land Surveyor#34995 KING SURVEYORS,INC. 650 Garden Drive Windsor,Colorado 80550 (970)686-5011 • EXHIBIT 3 rcatmaantaontatmaravawLozar rtetar 40' ACCESS BE UTILITY EXHIBIT' NW1/4, SEC. 6, T.7N., P.67W. EASEMENT CENTER WAR1m CORNER SECTION 6. T.7N., R.6/M. FOUND R 2 1 ig--\i‘ ALUMINUM MBAR CM LS 4502 AND 1996 ie so N _J� ��/f" _�� Y 1 T� �. L4 100' 50' 0 100' in i=i I I a 1". 100' t LB IN h I 1 LINE TABLE 121 LINE BEARING LENGTH LI N873CZCE 30.02' I ffi' L2 N001It31'W 20.02 .— — — $ L3 NOGV7'3VW 40.03 I W l m L4 5r2',.YE 50.04' , n Lte S87'347241420.001' 40'dcCESS&►'WXIY z� EASEMENT 59.607sg.R.,1366Ac. n of .- .ti LO oifflois10 t I4 libel I et Z of n Colorado Nag . Inc CO NV Land Surveyor .� as I NOTE This=Mat tarty m eat (Mended to be o p menum epr tent survey. It's sole purpose is n a I Z . 1 'jamrepresentation rapfinep.ty d to old n the f it acctmp of e written property description abpe it cs the VV5 The written pmperiy description supersedes I am exhibit drawing. f WELD C0UNTY ROAD 13 .r- S - - ivcranFir —2641.35 — - --1- - - — _ -- NN11H1E.Sf CORNER NEST WARIER CORNER SECTION 5. T7N..R.87W. SECTION 6. WITHSFL, 1/C FOUND REBAR WITH 2 1/Y POUND }5 INUM WITH 3 STAMPED D ALUMINUM CAP ILLEGIBLE AAND 199 BDX L5 4392 AND F C IN MON. ENT PONT OF COMMENCEMENT '�ey� KING SURVEYORS,INC. PROJECT NO:2007227 WO it 650 Garden Dive I Wmdlo;Calomdo 80550 DATE:5-17-07 , I phone:(970)686-5011 [ ft(970)686.5821 CLIEN DW&2L0o 7p;ELo2 vwwJao orveyortoom DRAWN:BTU CHECKED!SAL Hello