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Hatch Legal Description: Lot B of RE-702 Part of W2 SE4 of Section 34, T3N, R67W of the 6'h P.M., Weld County, CO. Parcel ID #: 1209 34 000043 Lot A Size: 2.5 +/-acres Lot B Size: 60.8 +/-acres Water Source: Central Weld County Water Sewer System: Septic District 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. ;;?oc8-31/7a s s 2. Topographic or physical features of the proposed Lot, such as ravines, ditches, streams etc. may limit the area available for a new or replacement septic system. Prior to recording the plat the Weld County Department of Public Health and Environment recommends that the applicant review the Weld County Code pertaining to septic systems to assure that any installed septic system will comply with all setback requirements found in the Code. In the event the proposed lot is not of sufficient size to allow the installation of a septic system the lot may need to be enlarged. 3. Prior to recording the plat: K. The plat shall be titled: Recorded Exemption No. 1209-34-4 RE-4768 B. A 30 foot wide joint access and utility easement extending from County Road 26, for the benefit of Lots A and B, shall be shown clearly on the plat. The joint easement shall be dedicated for the use as shown using the language set forth in the Weld County Code, le Appendix 24-F.2. The easement shall be graded and drained to provide all weather access. 4. 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. fd Verification that Lot A and Lot B are accessing from County Road 26 shall be required prior to issuance of a building permit. ; The existing access points located within the Public Service of Colorado property shall be closed permanently or written evidence of recorded access easement shall be submitted to the Department of Planning Services. The access shall be for ingress and egress and shall be referenced on the plat by the Weld County Clerk and Recorders reception number. F. County Road 26 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 jj. -,1 the existing right-of-way and the documents creating the right-of-way. All setbacks shall be "7 " ' measured from the edge of future right-of-way. If the right-of-way cannot be verified, it shall be dedicated. This road is maintained by Weld County. 9/ County Road 19 is designated on the Weld County Road Classification Plan as a collector road, which requires 80 feet of right-of-way at full build out. There is presently 60 feet of right-of-way. An additional 10 feet shall be delineated on the plat as future County Road 19 right-of-way. All setbacks shall be measured from the edge of future right-of-way. The applicant shall verify the existing right-of-way and the documents creating the right-of-way. If the right-of-way cannot be verified, it shall be dedicated. This road is maintained by Weld County. The applicant shall attempt to address the requirements (concerns) of Department of Public Health and Environment, as stated in the referral response dated February 15, 2008. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. The applicant shall attempt to address the requirements (concerns) of Department of Building Inspection, as stated in the referral response dated March 3, 2008. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. • The applicant shall attempt to address the requirements (concerns) of Central Weld County Water District, as stated in the referral response dated February 11, 2008. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. K! 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 5 o fr"� the original parcel. cp., Ai.9 f, 7 The following notes shall be placed on the plat: U \b' '�31 1) All proposed or existing structures will or do meet the minimum setback and offset 0*, 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 t d 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) Verification that Lot A and Lot B are accessing from County Road 26 shall be required prior to issuance of a building permit. 4) Lot A is not eligible for a future land exemption in accordance with Section 24-8- 20.C.1 of the Weld County Code. 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 has an adequate water supply of sufficient quality, quantity and dependability. 7) Prior to the release of building permit, the applicant shall submit evidence of approval from the Platteville/Gilcrest Fire Protection District to the Weld County Building Department. 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. s • 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.B.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 A and/or 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) The property owner acknowledges that mineral owners and lessees have real property interests that entitle them to surface use in accordance with Colorado State Statutes and applicable Colorado oil and Gas Conservation Commission regulations. (Department of Planning Services) 14) 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. i 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. 4. The applicant shall submit two (2) paper copies of the plat for preliminary approval to the Weld County Department of Planning Services. Upon approval of the paper copies the applicant shall submit a Mylar plat along with all other documentation required as conditions of approval. The Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder by Department of Planning Services' Staff. The plat shall be prepared in accordance with the requirements of Section 24-8-60 of the Weld County Code. The Mylar plat and additional requirements shall be submitted within sixty (60) days from the date the Administrative Review was signed. The applicant shall be responsible for paying the recording fee. 5. In accordance with Weld County Code Ordinance 2005-7 approved June 1, 2005, should the plat not be recorded within the required sixty (60) days from the date the Administrative Review was signed a $50.00 recording continuance charge may be added for each additional 3 month period. 6. 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 mapsaco.weld.co.us. 7. The Weld County Department of Planning Staff'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. By Date April 1, 2008 Jacqueline Hatch O Planner DEPARTMENT OF PLANNING SERVICES Planning Division SOUTHWEST OFFICE f 4209 CR 24.5 LONGMONT, COC 80504 jhatch@co.weld.co.us I PHONE: (720) 652-4210, Ext. 8730 C. FAX: (720)652-4211 COLORADO April 2, 2008 Gerald and Kathryn Hamlin 5198 County Road 28 Longmont CO 80504 Subject: Recorded Exemption RE-4768 Dear Mr. and Mrs. Hamlin; The Department of Planning Services' has reviewed your application and related materials for compliancy with the Weld County Code. We find that your proposed Recorded Exemption meets the intent of the Code and it has been conditionally approved by staff. We have enclosed our comments for your case. If applicable, please address all issues identified in the staff comments. Prior to submitting the Mylar, please submit two (2) paper copies of your plat for review by the Department of Planning Services' staff. Upon approval of the paper copies please 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 after the date the Administrative Review was signed or after the date of the Board of County Commissioners resolution. There is an eleven (11) dollar recording fee per Mylar sheet that you will be responsible for paying to record the plat. If you need any further information, please feel free to contact me at the above address, telephone number or e-mail address. Sincerely, Jacqueline Hatch, Planner a • Mel dati"--H DEPARTMENT OF PLANNING SERVICES a SOUTHWEST OFFICE 4209 CR 24.5 LONGMONT, CO 8730 PHONE: (720)652-4210, Ex t. 8730 FAX: (720) 652-4211 wilk COLORADO February 5, 2008 Gerald & Kathryn Hamlin 5198CR28 Longmont CO 80504 Subject: RE-4768-A Recorded Exemption located on a parcel of land described as Lot B of RE-702,being part of the W2 SE4 of Section 17, Ti N, 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 Firestone, Mead and Platteville Planning Commission for their review and comments. It is recommended that you and/or a representative be in attendance at the Firestone, Mead and Platteville Planning Commission meeting to answer any questions the Commission members may have with respect to your application. Please call Firestone at 303-833-3291, Mead at 970-535-4477 and Platteville at 970-785- 2245, for further details regarding the date, time, and place of this meeting. If you have any questions concerning this matter, please call me. SincC erel 1 y. Hatt Planner • • • • FIELD CHECK Inspection Date: APPLICANT: Gerald and Kathryn Hamlin CASE #: RE-4768 REQUEST: Recorded Exemption LEGAL: Lot B of RE-702 being part of the W2 SE4 of Section 17, Ti N, R67W of the 6th P.M., Weld County, CO LOCATION: Approximately 1/8 mile north of CR 26 and approximately 1/2 mile east of CR 19 PARCEL ID #: 1209 34 000043 ACRES: 63.3+/- Zoning Land Use N Agricultural N E Agricultural E S Agricultural S W Agricultural W Comments: Signature ❑ House(s) n Derelict Vehicles o Outbuilding(s) o Non-commercial junkyard (list components) ❑ Access to Property o Irrigation Sprinkler ❑ Crop Productions ❑ Crops o Site Distance o Wetlands ❑ Mobile Home(s) o Oil & Gas Structures o Other Animals On-Site o Wildlife o Water Bodies o Utilities On-Site (transmission lines) o Ditch o Topography Note any commercial business/commercial vehicles that are operating from the site M ee Page 1 of 1 Jacqueline Hatch From: Jacqueline Hatch Sent: Thursday, February 12, 2009 9:37 AM To: 'David Yoshida' Subject: RE-4768 Hamlin David, I had a chance to look over the paper plats for RE-4768 for the Hamlin's and have only a few corrections. Once these corrections are completed the mylars can be submitted for recording. Please keep in mind that there is a recording fee of$21.00. 1. On the detail the 20' access easement rec no 1981309 is shown. A note that this is for Lot A needs to be added and the entire note needs to also be placed on the plat map to the left. 2. in regards to the PSCO property. Please delete 'easement reception number' and replace with rec no 1557631 If you have any questions please do not hesitate to contact me Thanks Jacqueline 2/12/2009 Page 1 of 1 Jacqueline Hatch From: David Yoshida [dyoshida@powersurveying.com] Sent: Tuesday, January 27, 2009 1:52 PM To: Jacqueline Hatch. Subject: RE: RE-4768 Hamlin Jacqueline, I will drop by another copy tomorrow.. Thanks David B. Yoshida Team Leader/Senior Draftsman 7800 Miller Drive,Unit C. Frederick, Colorado 80504 Tel: 303.702.1617 Fax: 303.702.1488 From:Jacqueline Hatch[mailto:jhatch@co.weld.co.us] Sent: Tuesday,January 27,2009 1:44 PM To: 'dyoshida@powersurveying.com' Subject: RE-4768 Hamlin David, Good afternoon I found the paper plat you left at the front counter the other day and noticed that there is only one copy. I will need a second copy for my files. Feel free to drop it off when you get a chance. Thanks and let me know if you have any questions. Jacqueline 1/27/2009 Page 1 of 1 Jacqueline Hatch From: Jacqueline Hatch Sent: Thursday, January 15, 2009 8:32 AM To: 'gandsutton@aol.com' Cc: Kim Ogle Subject: RE: Hamlin Access to 9447 CR 26 Gary and Debra Thanks for the email. Section 8-2-10 of the Weld County Code states that Direct access from a public road will be limited to one(1) per legal parcel, except as further limited or restricted by zoning or subdivision regulations. Additional accesses may be approved by the Department of Public Works or the Board of County Commissioners. This policy shall apply to all new and existing accesses within the unincorporated areas of the County. Properties within municipalities or other counties which access County roads are subject to this policy. I hope that helps. Let me know if you have any additional questions. Thanks, Jacqueline From: gandsutton@aol.com [mailto:gandsutton@aol.com] Sent: Wednesday, January 14, 2009 7:08 PM To: Jacqueline Hatch Cc: Kim Ogle Subject: Hamlin Access to 9447 CR 26 Jacqueline, we have one question we would like you to answer. If the property owners(McClay) to the west of our property expands their access to 30' and grants the Hamlins shared access and Xcel grants them access behind our lot, will the county record an end around on the west side as they did on the east side(Schlagel)? What is Weld County's position on this? Regards, Gary and Debra Sutton 9533 WCR 26 Ft. Lupton, CO A Good Credit Score is 700 or Above. Seeyouurs in just 2 easy steps! 1/15/2009 � ��� if • CASE: I c" `1 U 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 4),jp hor" Boundaries of Lots urpic -net Scale Suitable Scale?(1"=200'or 1"=100) Accesses indicated Shared Access?If so, is easement Certificate included? Roads labeled, including , ; R.O.W bark' r Building Envelope(s) id it,- Vicinity Map Suitable Scale?(Minimum 1"=2000') North Arrow tZ Legal Description 5�1, ser f Notes from Planner/ _ `� Development Standards Conditions of Approval Owner's Certificate Notarial Certificate included?All owners must sign the plat, N M"°' / 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 Certificate Approved) Planning Commission (USR,COZ, Minor Sub. Final) Certificate Board Certificate (USR, COZ„Minor Sub Final) (Final PUD,RE, SE&ZPMH if Board approved) Typical Road Cross Section (COZ, Final Minor Sub. and Final PUD) Easements ♦Yr't'" Please return the plat to the CAD Technician within 24 hours of receiving the plat. Paper Plats: -2( f L,y//(Intials)Date: Surveyor&Date: r'i� "''-''^" n.l Applicant&Date: Planner Signature: Date: • • WELD COUNTY,COLORADO 'ARTMENT OF PLANNING SERVICES 4209 CR 24.5 LONGMONT, CO 80504 PHONE: 720-652-4210,EXT.8730/FAX: 720-652-4210 Date: 20 Receipt No. i 8 Received From: Permit Type No. Description Fee 4221-RE/SE 4221-ZPMH 4221-USR 4221-SITE PLAN REVIEW 4221-CHANGE OF ZONE 4221-PUD 4221-MINOR/MAJOR SUB #OF BUILDABLE LOTS 4221-ADDITIONAL 30% FEE FOR SUB's 4221-RE-SUBDIVISIONS 4221-BOA 4221-FHDP/G HDP 4430-MAPS/POSTAGE 4430-COPIES 4730-INVESTIGATION FEE 6560-RECORDING FEE -- MISC. OCASHUCHECK NO. / TOTAL FEE i r naceipted By: 1 DL# Exp. Page 1 of 1 Jacqueline Hatch From: Jacqueline Hatch Sent: Monday, February 23, 2009 3:21 PM To: 'Kathy Hamlin' Subject: Recording Fee Kathy, Thanks for dropping off the mylar for your Recorded Exemption to be recorded. Since your Recorded Exemption mylar is two pages the recording fee is $21.00. I do see that you have already paid $11.00 for recording. I will need an additional $10.00 to record. If you have any questions please do not hesitate to contact me. Thanks again Jacqueline 2/23/2009 S { °WELD COUNTY, COLORADO ED DEPARTMENT OF PLANNING SERVICES 918 10TH STREET GREELEY, CO 80631 PHONE: 970.353-6100, EXT. 3540/FAX: 970-304-6498 Date: 7 1 I v 20U Receipt No. 1 4 5 0 7 ( Received From: J 1/4✓7 -U Permit Type No. Description Fee 4221-RE/SE 4221-ZPMH 4221-USR ' 4221-SITE PLAN REVIEW 4221-CHANGE OF ZONE 4221-PUD 4221-MINOR/MAJOR SUB #OF BUILDABLE LOTS 4221-ADDITIONAL 30% FEE FOR SUB's • 4221-RE-SUBDIVISIONS 4221-BOA 4221-FHDP/GHDP 4430-MAPS/POSTAGE 4430-COPIES ( / o 1 4730-INVESTIGATION FEE 6560-RECORDING FEE MISC. 0. `( O tkASH UCHECK NO. TOTAL FEE Receipted By: <2/t L# Exp. I ' ill 1. ay DEPARTMENT OF PLANNING SERVICES wipe SOUTHWEST OFFICE 4209 CR 24.5 COLORADO LONGMONT, CO 80504 PHONE: (720) 652-4210, Ext. 8730 FAX: (720)652-4211 Application being sumbitted: j Q 3 , - h O 00 ` D2 Submittal fee:t\GMT ��- Check# 1D`,Lk Cash Name of person submitting: ..� . . , Contact name(if differentfrom above): Kaa-('f i t 1'�4\,(\\j(l Telephone number:Q IV- - 6ma E-mail: -W1/41{a h,1`'tn&aCif\F (, F } The Department of Planning Services is accepting the paperwork for this Land Use Application with the understanding that the application has not been determined to be a complete application with all of the appropriate documents and exhibits. The Department of Planning Services will determine prior to the end of the next business day whether the submitted documents are in compliance with the Weld County Code,and as such,shall be deemed a complete application. The Department of Planning Services shall also determine prior to the end of the next business day whether the submitted fees are appropriate for the requested application. Should there be a discrepancy with the application,the Department will contact the applicant/applicant's representative via telephone. Land use cases will not be set up or processed until the requested application materials have been submitted and the appropriate fees paid. Thank you for your assistance and cooperation. I understand and agree to the conditions stated herein: / `" �� ignature r Signature of staff member received from: & ]?t Date:I-3 ( ) WELD COUNTY,COLORADO C_ DEPARTMENT OF PLANNING SERVICES 4209 CR 24.5 LONGMONT, CO 80504 PHONE: 720-652-4210,EXT. 8730/FAX: 720-6524210 Date: " ` 20 Receipt No. 1645 Received From: Y---\N\il Y� c�} llrl Permit Type No. Description Fee 4221-RE11. ' \cU j 4221-ZPMH 4221-USR 4221-SITE PLAN REVIEW 4221-CHANGE OF ZONE 4221-PUD 1 4221-MINOR/MAJOR SUB #OF BUILDABLE LOTS 4221-ADDITIONAL 30% FEE FOR SUB's 4221-RE-SUBDIVISIONS 4221—BOA . a 4221—FHDP/GHDP 4430-MAPS/POSTAGE 4430-COPIES 4 4730-INVESTIGATION FEE 6560-RECORDING FEE MISC. UCASH 11 HECK NO. t TOTAL FEE Receipted By: t b kf'y ;.( DL# Exp. kki).1/4\ Y") i ,aa' ' Wine. APPLICATION FLOW SHEET Wi�Pc. COLORADO APPLICANT: Gerald and Kathryn Hamlin CASE#: RE-4768 REQUEST: Recorded Exemption IL1 3 LEGAL: Lot B of RE-702 being part of the W2 SE4 of Section te, TQdJ, R67W of the 6th P.M., Weld County, CO LOCATION: Approximately 1/8 mile north of CR 26 and approximately Y2 mile east of CR 19 PARCEL ID#: 1209 34 000043 ACRES: 63.3+/- Date By Application Received 1/31/08 Drop off Application Completed 1/31/08 jh Referrals listed Vicinity map prepared 2/4/08 JH File assembled CS Case logged in computer Letter to applicant mailed Referrals mailedail Field check by DPS staff -3. 4( u'd Administrative Review decision: �C Nesecr, LI I t L i 4 glad-, Board of County Commissioners hearing (if applicable) Date By County Commissioners Hearing Date Surrounding property owners notified IAA Presentation prepared CC action: CC resolution received Date /��,B(y Plat recorded and filed 1-AZ CJ ,iGl,[T Overlay Districts Zoning Agricultural MUD Yes No_X_ IGA Yes_No_X_ iga dacono Airport Yes No Geologic Yes No_x_ Flood Hazard Yes No_X Panel#080266 C FAX TRANSMISSION (eicte DEPARTMENT OF PLANNING SERVICES Planning Division SOUTHWEST OFFICE 4209 CR 24.5 IlDLONGMONT, CO 80504 jhatch@co.weld.co.us O PHONE: (720) 652-4210, Ext. 8730 FAX: (720)652-4211 COLORADO To: Kathryn Bauer Date: 7/10/09 Fax: 303-571-7151 Pages: �( 1 Phone: 303-571-7735 From: Jacqueline Hatch Subject: Hamlin Proposal COMMENTS: Kathryn, Attached is map for the Hamlins. If you have any questions or need any additional information please do not hesitate to contact me. Thanks, Jacqueline CONFIDENTIAL This facsimile is intended only for the use of the individual or entity to which it is addressed and may contain information that is privileged,confidential,and exempt from disclosure under applicable law. If the reader of this facsimile is not the intended recipient nor the employee or agent responsible for delivering the facsimile to the intended recipient,you are hereby notified that any dissemination,distribution,or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by telephone and return the original message to us at the above address via the U.S. Postal Service. Thank you. APPLICATION FOR RECORDED EXEMPTION Jerry & Kathy Hamlin 9447 WCR 26 Sketch Plan-Not to Scale Lot B-RE 702 Schlagel Property Hamlin 63.3+/-acres '/ mi.to WCR 19 Lupton Meadows Ditch X-O&G Well Future Personal Residence BARN X-O&G Well ARENA Proposed RF- S-'-acres Lot A-RE 702 0 WCR 26 a 30'x 350' Easement AH1981.109 I Fu1e // • Ln✓• /t t S' L.�.i �^ RECORDED EXEMPTION NO. 1209-34-3-RE 7O2 a.IMY.. -- ..- Y.H.N../1, O 99 a N87 sS�30'W--D1 76 11/4 110'' 1160.73 ..Yl•Y • :/. N O VP •✓.N✓4 Y.r•, 0 U 0 .. 0 O 0 a o 1w . v.W 2 U"� i 2 Contains:63.282 Acres `,, IS more or less. w gffi e 2 wv LOT IIBi• 0 U1 IX Pi � aDI Z ow 8 M W co NDT[t A t$ T0t[nlER g Iq commit 71.914 AC* u cal 01 1/40 .cr 01 .1 0 sen'WE-1177,21 20'ACCESS EASEMENT 'llAr ijiTwil El i 0 MII8.4841 Aires I `:: ini yerro,in ISM dM II in may. _ vamp SM^36'SO E- - IMO \ WI r.J ` 1:,5,/= \ YLN.nS 4p., 2[ 27 Nina a t4 SCALE: -}- — sownCaM.• LAU I" g4 0d r •••• S$1101 Pin SOIl h. SO i N I I - LOT A: 8.654 Ac. ± I LOT 6 : 63.282 Aar* TOTAL : 71.936 .Ac. >t , i1 14 - 11 '' 0, ' OWNERS: ". II 3 MT1 CHARLES ,M. and ' I li 1 GOWENDOLYN' M.L. . RICHARDSON ' T2N �o�o IIVS.ilt1\+. - 9833 WC. ROAD,;26 s': ' FORT LUPTON, tea 801g1 Ir^ 4 ^ 1 2 PREPARED BY' LOCATION MAP ALPHA- ENGINEERING • " SIT 5TH BTREET N SCALE:III•200d FORT LUPTON,CO. 90621 DATE: AUSUST IT,1554 SHUT I OF 2 sea FILE HO 34-3117-42 vt;;. II* ...,-,t.::g:;• qh lF a- :� n f �{ t: i "h Y,kb ? .• 1 A f t t fir " .$ +T'<pd�LgAY. .G t } ff fit "_ j{ i' ° A$F'4.4 b o z f _..f I y. ''i� ', f^ t . #I r .' " i ty nb ` • .i rt 3 C1 Y > `Nt d :14 (l t. .., •tY rfy j 'G1� 'q • • "4.1i)1 F .tn Ir its i H y 4� i f M1 • b S •+rte, 'L'q "' S ,45 1 fY d.₹ ,,a+L‘14 'rY₹'" c4 �3• ,hyX Pmv. a/4 ^ y > '4 is y�Tq]�° �p1,�.t: $ t SI Y'7• . 3•• '.41,,31,k. LdYwmph�Y' fsG rd *-v5* . ,p .9 APPit1 1 x�t, t, r.,was." , ',,- . } e., � r #Ffi# �> a� 5 d.r + ' mcclay a* I. • • .. SC11Iagel . d L : K � �' Basemen q �' 4`9'‘ I§v( ince 1984 . ,..-...4.-.,:.•' T ,„ 1,.:;:.:; ,:::::,•,........:....` d g. ,'M+, w* i'» ,pczr'` §td. 1 3' •rtt4vrTth r Yi f "' '.# t{.. * 4" Q Pte, ,$. ,,...:11....c. d• c I«mr • i .. i t � .fir' Y "t 1 IL r x B 4 3N" I F f.. R y f.. S , .. r ' ' Ls.: 02/12/09 09:24 FAX 3531964 WELD COUNTY CLERK & REC lib 002 r • • ti) NUN 17 1'd/L VI .a •nrox ^Si 1.,h.17 ..fin',..anr.4,n!Au o. STATE; OF COLORADO) IN Ti[E DISTRICT COURT ) as. .A COUNTY OF WELD ) No. rn '0 .o to Lrl �� IN RE THE CENTRAL WELD COUNTY ) 1ei WATER DISTRICT, WE D COUNTY, ) PETTTIO N a 1 COLORADO' ) n cr- Central Weir! P County Water District respectfully petitions c. the Court for leav to amend the description of the boundaries x of the District pr iously filed 1n the matter by the addition of the attached descriptions, The record owners of the prop- if erties included wit in the said deecri ti ns have P 9 petitioned the Board of Direct re of the Central Weld County Water District to have their said espective properties included within the I District and upon s Id petition by formal rsaolutlon duly passed and adopted, paid Board of Direct° a have granted the prayer of said pet' ion that said propert c be included herein, a copy of which.res lution.i,la attached here O, WHEREFORE, 16, is prayed ;hat the Court enter an order amen.^ling the deecri tion of the lands incllIuded. within the abova District to 1 elude those on the attlflChod descriptions, SOUTHARD AND rSOUidARD p . J i Atborneya fort Petitioner 209 First National Bank Building Oreeley, ColoFado80631 Telephone: 353-1292 i 02/12/09 09:25 FAX 3531964 WELD COUNTY CLERK & REC 2003 Loon 636 EMAIL OF COLORADO ) Pi CONNIE 07 SELO ) Y,ii;i71„J. CENTRAL VELD COt11T: WATER DISTRICT N01'1 F OF NEPTIPG AND ?ILIN PETITIONS FOR loctu:IOR To TRt BOARD OF DIRECTORS OP Tilt CENTRAL WELD COUNTY OATLR DISTRICT, ANC TO ALL 0110.8 PERSONA TO na IT NAT BE OP C0N0lRNz NOTICE 16 SRSRRT taaali that a regular meeting of the Board of Streotora of the Central Weld County Water DtatUpt r111 .hold at 115 lath Street to Greolay. Colorado 0o weeneaday the iAeW day of.A'ji{�, 1966 et 3,00 P.M. at which meeting rho Scare will t000lder Petitions for IdeluatOA 6y the following intty Wnalei LEGAL D12C2LPTI0N 114 tit CENTRAL WELD tcorrT VATS% DISTRICT "ROPLRTY PETITIONING PO% tnimtOfi Touilto 3 North. lame 67 lust of the Sixth Pri,tilool 3ectio.i 35, 1. Louis A. & Jennie A. Dodos, Route 2 Soo 160, for Lupus, Colorado. SW 1/4. te.:ueh!o S North,janga e5 WsLI_pLy)lIjJxrh Principal Nerit()y5,,. • £cctlou 26, Harlon Curtis Johnson, Route 4 BOX 242A-1, Greeley, Colorado. Pt or 1/4i Beg .t Pt on R line At 1/4. 1316.90' I of 61 xer, N 90° N 238.60', B 156.42', N 9001 238.60' to E lino Sae. S 156.62' to bas. (.66s tell) Suction 30z 1. Ra mn. 6 Ri elite Flans, Route 3 Box 443 , Greeley, Colorado, lot live (5) of the Southwest Quarter of the Southwest gummier (SWkSVk), together with di1 voter god voter risbta appurtenant thereunto, and en undivided o::e-fourth latereat in flue to a wall and irrigation mop located upon Lot Five (5) of the SE 1/4 of the hE 114 of Sinaloa Twentr-Five (25, Township lie (5) Notch. %Anse Sixty - Slx (66) West of the Sixth Principal Meridian. Town:hie 5 forth. Dante 66 tit et otth!J,1*.Ib Princiaal tttt.:tln, Melton 30y 1. Fred 6 Susie train, Ratite 3 11An 472, finely, Golondo. All of Lone 6 4.9, llpck.6 Vstly View/iwdiviel66, Situated I. the ILL 1/4 NV 114 of aid Settles. 02/12/09 09:25 FAX 3531964 WELD COOMCY�C,ERR & REC X004 rage 14v J`.l'6!j(i Sssuna St AJ:,'it;:1C 1. C. Ord Cespenoer, 2021 Clubbouie Drive, Greeley, Colorado. Lot 1 of Dos Rios Estates, s subdivision located to said Section as nacotded In Wetd County, Colorado. 2. 1. A. So Mary 0. pert, South West of Greeley, Colorado. Lot 2 of Den Rios Rotates, a subdivision located la said Section as recorded in Weld County, Colorado 3. Hugh H. A Phyllis B. Arnold, 97211 9th Avenue. Crdeloy, Colorado. Lot 4 of Dos Rion Estates, a subdtvistoa located 1a said &action as recorded iu Weld County, Colorado. 6. tuition v. & Nary Lou Forsythe, 2530 Ntghlsnd Road. Crueler. Colorado. Luc 5 dt Dos Rios Estates, a subdivision located I. veld Section an recorded to Weld County, Coloreds. I 5. Janes A. A Shirley Wheeler, 1650 16th Strome, Craeley, Colorado. Lot 15101 Dos Aloe Estates, a subdivision, located Le said Nation as rec rdod in Weld County, Colorado. 6. Russell] Peterson, .452 25th Awone, Greeley. ICoierade. Lot 16 f Dos Rios Estate, a subdivision located ie said deetim es sec ed to Vold County, Colorado, 7. D. a. A11e1y, 1650 8th Avenue, Greeley, Coloreds. Lot 17 of Doe Rios Estates, a subdivisim located is said Section as recorded in Weld County, Colorado. B. Phillip D. Weaver, 1624 17th Avenue, Greeley, Colorado. Lo: 18 1 Des lies Estates, a aubdivtalon toasted t., said Section as recorded to Veld County, Colorado. j?eanbto 3 North.(Elan)7 "oat of the Sixth Ptiocloal Nartgjgp. Sections 2,3.4.9.10.11 614A L. Public Semis. Ceapaay of Cobras, Deaver, Colasade. (See h110Wtq dame rleu0n) • 02/12/09 09:25 FAX 5551986 WELD COUNTY CLERK 6 REC X005 g X636 SUPPLEMENT ' A ' 1557631 / LECA'. DESc,811"!70N 4-'/ PROPERTY OF PUBLIC SERVICE COMPANY OF COLORADO A tract of land located in Sections 2, 3, 4, 9, 10,- 11, and 16 of Tnun;hip 3 North, Range 67 West of rho Sixth Principal Meridian, end Sections 34 and 35 of Township 4 North, Range 67 West of the Sixth Principal Meridian,Weld County, State of Colorado, being more partirolarly described as follows; Beginning et the Southwest Corner of Section 10, Township 3 North, Range57 Nest, and considering the South line of slid Section 10 to bear South 88° 57' S0" Easr, as determined by celestial observation, with all bearings contained heroin re1atl e thereto; Thence South 88' 57' 50" East along the South lino of said Section 10-3-67, i 5,222.86 feet to-the Southwest Corner of Section 11-3-67; Theme South AB' 36' 00" East along the South lima of said Section 11-3-67, 4,896.82 feet; Thence South 09° 47' 10" West, 297.96 feet; Thence South 64' 57' 10" haat, 382.00 feet; Thence North 00° 42' 10" West, 213.00 feet; ! Thence North 05° 47' 30" East, 236.00 feet to theSth,. I ou Section 11-3-67• sat Lornax of said• Thence North DO' 20' 30" West along the East line of said Section 11-3-67, 2,637.17 feet to the East Quarter Corner (E1/4 Car,) of said Section 11-3-67; ! Thence North 88' 34' 51" West along the North line of the Southeast Quarter (SE1/4) Of said Section 11-3,-67, 1,303.63 feet to Chu Southeast Corner of the West Half (WI/7) of the Northeast Quarter (NE1/4) of said Section 11-3-67; Thence North 00' 20' 45" West along the East line of said West Ralf (W1/2) of the Northeast Quarter (NE1/4) of Section 11-3-67, 2,638.37 feet to the North line of said Section 11-3-67; Thence North 8Bt 31' 40" West along the North.line of said Section 11-3-67, 2,607-71 feet to the Northwest Corner of the Northeast Quarter (NET/4) of the Northwest Quarter (11111/4) of said Section 11-1-67; Thence North 00' 55' 33" East along the East lino of the West Half (111/2) of the West Half (W1/2) of Section 2-3-67, 5,310.73 feet to the Northeast Quarter ( Corner of the Nor hwcst NWL /4) of the of the Northwest Quarter (M/1/4) of amid Sect Northwest • s nt-3-67 Quarter (N71/4) Thence North 00' 26' 42" West: along the East line of the Southwest Quarter I• ($511/4) of the Southwest Quarter (SWI/4) of Section 35-4-67, 1,313.06 feet to the Northeast Corner of said Southwest Quarter (5W1/4) of the " Southwest a Q (SW1/4) of Section 35-4-67; n - Thence North 88° 58' 21" West along the North line of said Southwest Quarter (SW1/4) of the Southwest Quarter (6111/4) of Section 33-4-67, i 1,304.57 feet to the Northwest Corner of said Southwest Quarter (SW1/4) of the Southwest Quarter (5W114) of Section J5-4-67;' Thence North 00' 32' 23" West along the East line of said Section 34-4-67, a distance of 614.59 feet to a paint of beginning of a random line along the North end East banks of the Platte River, said random line being described as follows: Thence North 86° 29' 01" West, 105.15 feet; Thence South 77° O7' 08" West, 44.99 feet; ' Thence North 69° 04' 50" West, 109.35 feet; Thence North 66' 53' 06" West, 303.13 feet; _ Thence North 47° 39' .10" Veit, 125.58 feat; ' Thence North 00° 28' 20" West, 46.60 feet; Thence North 64' 57' 40" West, 251.73 feet Thence North 61° 05' 20" West, 87.00 feet; 02/12/09 09:25 FAX 355198 WELD COUNTY CLERK & REC LI006 • • 636 moor -2 155'7631 - Thence North 68° 56' 00" West, 197.35 feet; Thence North 45' 67' 40" West, 224.95 Feet; Thent North 27° 41' 00" West, 72.77 feet to the Southwest toner of the Southeast Quarter (59.1/4) of the Northeast Quarter (NEl/4) of said Section 34-4-67; Thence North 00' 29' 19" West along the West line of maid Southeast Quarter (SE1/4) of the Northeast Quarter (NE1/4) of Section 34-4-67, 1,310.63 feet to the Northwest Corner,of said Southeast Quarter (SE1/4) of the Northeast Quarter (NEB/4) of Section 34-4-67; Thence South 88' 35' 23" East along the North line of laid Southeast Quarter (SE1/4) of the Northeast Quarter (NC1/4) of Section 34-4-67, 1,299.07 feet to the gait line, of said Section 34-4-67; Thence North 00° 32' 23" West along the East line of said Section 34-4-67, 1,309.87 feet to the Northeast Corner of said Section 34-4-67; Thence North 88' 33' 20" West along the North line of said Section 34-4-67, 761.73 feet to a point on the East Right-of-way line of the Union Pacific Railroad Property; Thence South 40' 25' 00" West along said East line of the Union Pacific Railroad Right-of-Way, 606,59 feet to a point of curvature; Thence along said East line of the Union Pacific Railroad Right-of-Way along the arc of a curve to the left having en interior angle of 10' 22' 30", a radius of 5,629.60, said curve having a long chord that bears South • 35' i3' 45" West, 1,018.00 feet to a point of tangency; Thence along said fall line of the Union Pacific Railraad Right-of-Way South 30' 02' 30" West, 1,661.51 feet to a point of intersection of the • Ease line of said Union Pacific Railroad Right-of-Way with the west line of the East Half (11/2) of said Section 34-4-67; Thence South 00° 26' 17" East along said West line of the East Half (E1/2) of Section 34-4-67,•2,467.38 feet to the South Quarter Corner (51/4 Cot.) of said Section 34-4.67; Thence South 00' 56' 07" West along the West line of the East Halt (E1/2) of Section 3-7-67, a distance of 1,379.20 feet to the point of beginning of a random lino along the Saint Train River, said random line being des- cribed as follows: Thence'South 72' 00' 30" West, 590,97 feet; Thence North 13° 51' 30" West, 223.00 feet; Thence North 81° 31' 30" West, 192.60 feet; Thence South 76° 06' 30" West, 179.00 feet; Thence South 55° 31' 20" West, 187.81 feet; Thence P.uth 47°.12' 009 West, 251,75 feet; Thence South 72° 38' 30" West, 579.95 feet; • Thence South 36' 30' 20" West, 165.30 feet; Thence South 21° 52' 0O" West, 127.00 feet; Thence South 84' 45' 30" West, 372.77 feat; Thence South 78°.00' 40" Neat, 232.98 feet to the West line of said Section 3-3-67; Thence South 00' 55' 5O" West along said West line of Section 3-3-67, 1,816.50 feet to the Northeast Corner of the Southeast Quarter (SE1/4) of the Southeast Quarter (SE1/4) of Section 4-3-67; Thence North 89° 08' 29" West along the North line of amid Southeast Quarter (SE1/4) of the Southeast Quarter (sEl/4) of Section 4-3-67, and across the Union Pacific Railroad Right-of-Way denoted later, a die- Lance of 1,298.96 feet to the Northwest Corner of said Southeast Quarter (5E1/4) of the Southeast Quarter (SE1/4) of Section 4-3.67; 02/12/09 09:26 FAX 3531964 WELD COUNTY CLERK & REC (2007 so0K636 • 1557631 /6 1 hence South 00° 41' 06" West along the West line of said Southeast Quarter/ (SEl/4) of the Southeast Quarter (SE1/4) of Section 4-3-67, 1,327.40 feet to the South line of said Section 4-3-67; Yh-net South R9' 14' 10" East along the South lino of said Section 4-3-67, • and acres,: the Union Pacific Railroad Right-of-Way denoted later, n distance of 855-17 feel to a point on the East Right-of-Way line of said Union • Pacific Railroad property; Thence South 03° S3' 30" West along said East line of the Union Pacific Railroad Right-of-Way, 2,638.48 feet to a point on the East-West centerline of Section 9-3-67; Thence North 89° 20' 45" West along said East-West centerline of Section 9.3-67 and said Union Pacific Railroad Right-of-Way, a distance of 25.03 feet; ' Thence South 03° 53' 30" West along said East line Hof the Union Pacific Railroad Right-of-Way, 1,261.13 feet to a point of curvature; Thence along said Rest line of the Union Pacific Railroad-Right-of-Way along the arc of a curve to the right having an interior angle of 07° 08' 00", a radius of 5,804.60 feet,.said curve having a long chord that bears South 07' 27' 30" West, 722.21 fast to a point of tangency; Thence South 11° 01' 30" West along said East line of the Union Pacific Railroad Right-of-Way, 670.20 feet to a point on the South line of said Section 9-3-67; Thence South 89° 28' 00" East along said South line of Soetion 9-3-67, a distance of 966.14 fact to the Point of Beginning; INCLUDING all County road, ditch, and utility easements and rights-of-way of record, and EXCEPTI1C a deeded right-of-way of the Union Pacific • Railroad within the Southeast Quarter (SE1/4) of the Southeast Quarter (SE]/4) of said Section 4-3-67, being more particularly described as follows: • Consenting et the Southeast Corner of Section 4, Township 3 North, Range 67 West of the Sixth Principal Meridian and considering the South line of said Section 4 to bear North 89° 14' 10" West, with all bearings contained herein relative thereto; Thence North 89° 14' 10" West along said South line of Section 4-3-67, 460.14 feat to a point on the East Right-of-Way line of the Union Parfic Railroad, said point being 'the True Point of Beginlning.of this Uniot Pacific Railroad Right-of-Way description; Thence.North 03' 53' 30" Eaet along the East line of the Union Pacific Railroad Right-of-Way, 1,327.88 feet to the North line of said Southeast Quarter (521/4) of the Southeast Quarter (521/4) of Section 4i3-.67; Thunee North 89' 08' 29" West along said North line cif the Southeast Quarter (SE1/4) of the Southeast Quarter (SE1/4) of Section 4-3-67, 225.34 feet to the West line of the Union Pacific Railroad Right-of-Way; Thence South 03' 53' 30" West along the West line of said Union Pacific Railroad.Right-of-Way, 1,328.24 feet to the South line of said Section 4-3-67; Thence South 89° 14' 10" East along said South line of Section 4-3-67, 225.33 feet to the point of beginning. The ahove,deseribed Union Pacific Railroad Right-of-Way contains 6.86 acres; The total acres contained within the above described parcel of land, excluding the Union Pacific Railroad Right-of-Way described above, is 2,237.99 acres. • Above description certificated by Willard R. Quirk, County Surveyor, Weld County, Colorado 02/12/09 09:26 RA1 3531904 WELD COUNTY C " & REC 2008 ?ago g!x foal 636 - _ - 1SS'7631 Aldo Excepting from all above listed properties included is the District, all railroad and public road right of way end property awed by ditch, canal and reservoir timpaniu. rho individuals have prayed in their) petition that their land be included in the District. The loard will also tabs up say other business to caw before it. atvealsoaer my hand and the seal of `aid District this day of 1961, IL. .1( lq• Neenifrp • 02/12/09 09:25 FAX J5Ji98y WELD COUNTY CLERK & REC ®009 • 636 1.557631 STATE OP COLORADO) IN THE DISTRICT COURT ss. COUNTY OF WELD ) NO.• /GG• % y • IN RE THE CENTRAL WELD COUNTY ) WATER DISTRICT, WELD COUNTY, ) ORDER COLORADO THIS MATTER coming on to be heard this /✓ L'{ day of May, 1968, upon the Petition of Central Weld County Water District to amend legal description of the lands to be in- cluded within said District, and the Court having read the Petition of the District and the petition of the respective lend owners,, and having considered the resolution passed by the Board of Directors of the Central Weld County Water . District, and now being sufficiently advised, DOTS ORDER that the description of the lands included • within said District previously filed in this matter be, and the same is hereby, amended by the addition thereto of the properties, descriptions of which are attached hereto and made a part hereof. Done in open Court this L day of May, 1968. BY THE COURT: 41—if i, IS-PRICY JWei j01/ir 02/12/09 09:30 FAX 35319 ' WELD COUNTY CL,�$g_& REC 21010 BOOK 636 1.55 763.1 IN THE DISTRICT COURT IN AND FOR THE COUNTY OF WELD AND STATE CF COLORADO Civil. Action No. 16678 Robert W. Rhodes, Clerk of the District Court in and for the County of Held and State of'Col6iado, do hereby certify the within and foregoing to be a true, complete and perfect copy of Petition for Inclusion with attached legal descriptions and Order granting Petition for Inclusion of said lands, in Civil Action No. 16678, IN RE THE CENTRAL WELD COUNTY WATER DISTRICT, WELD COUNT{ COLORADO, In the District Court in and for the County of Weld and State of Colorado, as the same now remains on file and of record in this office. IN TESTIMONY WHEREOF, I have hereunto set my hand affixed the Seal of this Court, at my office in Greeley, Weld County, Colorado, this 14th day of May _, 1968 • ��g1Ci CEO ROBERT W. RHODES V\:• r.*. Clerk S EA FA o •: r p'-•. ......••.'� Deputy `:�UdTV G'� Jacqueline Hatch From: Jacqueline Hatch Sent: Monday, September 15, 2008 2:55 PM To: 'Kau-IN/ Hamlin' Subject: RE: Recorded Exemption Kathy I had a chance to look over the paper plats and have made corrections on it. I only received one copy and will need a second copy to mark up to provide back to the surveyor (I have called the surveyor asking for a second set and he said he would get it right out) . Once I receive the second plat I will transfer my corrections over and let the surveyor know that he can pick it up to finalize the plat. Just as a heads up I will be asking for a third set of copies prior to creating the mylar. Please let me know if you have any questions. Thanks, Jacqueline Original Message From: Kathy Hamlin [mailto:Kathy.Hamlin@comcast.net] Sent: Monday, September 15, 2008 7:46 AM To: Jacqueline Hatch Subject: Recorded Exemption Hi Jacqueline, Just checking on the status of our recorded exemption. I dropped off the latest version a few days ago. Please let me know where we stand. Thanks, Kathy Hamlin 1 Jacqueline Hatch From: Donald Carroll Sent: Monday, September 15, 2008 11:56 AM To: Jacqueline Hatch Subject: RE: question OK Original Message From: Jacqueline Hatch Sent: Monday, September 15, 2008 11:32 AM To: Donald Carroll Subject: RE: question Don They are showing the existing 20' access easement across Lot A RE-702 (approved back with RE-702) They are also showing a 30 ' access and utility easement adjacent to the existing 30 to the east on the Schlagel property (they have an agreement with them that is recorded) Bruce determined that the existing 30' access easement across Lot A RE-702 did not include utilities. Are you okay with them having two 30' easements adjacent to each other? Thanks Jacqueline Original Message From: Donald Carroll Sent: Monday, September 08, 2008 3 :13 PM To: Jacqueline Hatch Subject: RE: question The recorded Plat (RE-702) shows a 20 ' access easement, no utility easement. Bruce is right. With the 30'easement on the Schlagel property is it a access/Utility easement? Original Message From: Jacqueline Hatch Sent: Monday, September 08, 2008 11:10 AM To: Donald Carroll Cc: Don Dunker Subject: FW: question Mannnn hit the wrong Don - this email is meant for Don CARROLL. . crazy Original Message From: Jacqueline Hatch Sent: Monday, September 08, 2008 11:09 AM To: Don Dunker Subject: question I have RE-4768 for Hamlin and they have submitted their paper plats. Question for you. . . They are showing the existing 30' access easement across Lot A RE-702 (approved back with RE-702) They are also showing a 30' access and utility easement adjacent to the existing 30 to the east on the Schlagel property (they have an agreement with them that is recorded) Bruce determined that the existing 30' access easement across Lot A RE-702 did not include 1 utilities. Are you okay with them having two 30 ' easements adjacent to each other? Thanks! Call me if you have any questions 2 • Jacqueline Hatch From: Jacqueline Hatch Sent: Monday, September 08, 2008 11:10 AM To: Donald Carroll Cc: Don Dunker Subject: FW: question Mannnn hit the wrong Don - this email is meant for Don CARROLL. . crazy Original Message From: Jacqueline Hatch Sent: Monday, September 08, 2008 11:09 AM To: Don Dunker Subject: question I have RE-4768 for Hamlin and they have submitted their paper plats. Question for you. . . They are showing the existing 30' access easement across Lot A RE-702 (approved back with RE-702) They are also showing a 30 ' access and utility easement adjacent to the existing 30 to the east on the Schlagel property (they have an agreement with them that is recorded) Bruce determined that the existing 30 ' access easement across Lot A RE-702 did not include utilities. Are you okay with them having two 30' easements adjacent to each other? Thanks! Call me if you have any questions 1 JERRY & KATHY. HAMLIN 6678 Secretariat Drive-Longmont,CO 80503 970-302-3178-Jerry-970-302-3002-Kathy (970)535-0634-Fax kathy.ha mli n@comcast.net September2,2008 Jacqueline Hatch Weld County,Department of Planning Services 4209 CR 24.5 Longmont,CO 80504 Subject: Recorded Exemption RE-4768 DearJacqueline, Enclosed is our revised plat for our recorded exemption application. I am hoping this finally addresses all of the comments and concerns that we have discussed. We have no access on the west and will be accessing the lots through the existing 20'access easement. The utilities will be brought to the new lot through the recorded easement we have acquired from the Schlagels. If you have any questions,please call me at 970-302-3002. I appreciate your guidance to date. Please let me know if you need anything further. Sincerely, Kathy Hamlin f&trig DEPARTMENT OF PLANNING SERVICES SOUTHWEST OFFICE 4209 CR 24.5 COLORADO LONGMONT, CO 80504 PHONE: (720) 652-4210, Ext. 8730 FAX: (720) 652-4211 Application being sumbitted: 4dd J. 71'7 1€2 --C416 Submittal fee: [� Check# Cash • Name of person submitting: y //Or Le — Contact name(if different from above): Telephone numbek f0j0 '3E�° E-mail: The Department of Planning Services is accepting the paperwork for this Land Use Application with the understanding that the application has not been determined to be a complete application with all of the appropriate documents and exhibits. The Department of Planning Services will determine prior to the end of the next business day whether the submitted documents are in compliance with the Weld County Code,and as such,shall be deemed a complete application. The Department of Planning Services shall also determine prior to the end of the next business day whether the submitted fees are appropriate for the requested application. Should there be a discrepancy with the application,the Department will contact the applicant/applicant's representative via telephone. Land use cases will not be set up or processed until the requested application materials have been submitted and the appropriate fees paid. Thank you for your assistance and cooperation. I understand and agree to the conditions stated herein: Signature Signature of staff member received from: �� Date: - (} N N Jacqueline Hatch From: Jacqueline Hatch Sent: Monday, August 18, 2008 9:43 AM To: 'Kathy Hamlin' Subject: RE: Hamlin RE Great thanks Original Message From: Kathy Hamlin [mailto:Kathy.Hamlin@comcast.net] Sent: Monday, August 18, 2008 9:39 AM To: Jacqueline Hatch Subject: Hamlin RE Good Morning Jacqueline, The surveyors sent me a new drawing of our proposed plat last week but it did not address all of the comments you made on the first one. They are re-drafting it this week. I hope to have it completed by Friday. I wanted to keep you updated on the status. It seems like this has dragged on forever! I will get the new drawing to you as soon as possible. Thank you, Kathy Hamlin 970-302-3002 1 a Jacqueline Hatch From: Kathy Hamlin [Kathy.Hamlin@comcast.net] Sent: Thursday, August 07, 2008 8:41 AM To: 'Rodney Maxwell' Cc: Jacqueline Hatch Subject: RE: subdivision exemption plat Hi Rodney, I have been out of town so I thought I'd check on the progress of the new plat. Before I left I spoke with the county and they said you were going to draw another paper plat for them to review that showed the utility easement for the large lot coming from the west and the utility easement for the small lot coming through the 30' easement we have with the Schlagel's. I gave you a copy of that easement when we started all of this. It has been recorded. The only access will still be through the 20' easement that exists through the old Lot A. Can you let me know where we stand? I am assuming we are waiting on Xcel for the license agreement to tell us where they want us to cross their 150' but that is hopefully coming soon. Let me know. Thanks, Kathy Hamlin 1 N� N Jacqueline Hatch From: Jacqueline Hatch Sent: Tuesday, August 12, 2008 10:41 AM To: 'GARY SUTTON' Subject: RE: Hamlin Road Access Gary and Debra, I have not heard from them since the xcel meeting or seen any new plats yet. Thanks, Jacqueline Original Message From: GARY SUTTON [mailto:garyndebsutton@hughes.net] Sent: Tuesday, August 12, 2008 10:36 AM To: Jacqueline Hatch Subject: Hamlin Road Access Hi Jacqueline, I was wondering if you could update me on the road access for the Hamlin's lot B. Are they still planning on using the two existing east side access points or a west side access thru Xcel? Thanks for your help, Gary and Debra Sutton 1 a Jacqueline Hatch From: Jacqueline Hatch Sent: Tuesday, July 29, 2008 9:09 AM To: 'GARY SUTTON' Subject: RE: Hamlin Road Access Gary and Debra, It is the Department of Planning Services understanding at this time that the Hamlin's are planning on accessing their property across the existing 20' easement across your property. The Department of Planning Services has not received any written documentation to this effect at this time. Thank you Jacqueline Original Message From: GARY SUTTON [mailto:garyndebsutton@hughes.net] Sent: Tuesday, July 29, 2008 8:21 AM To: Jacqueline Hatch Cc: Kim Ogle Subject: Hamlin Road Access Hello Jacqueline, We had a few questions regarding the road access the Hamlin's. Have you heard anything regarding this? As far as we have heard from Xcel they have only granted a utility access for the Hamlin's. If they get permission to use the existing road on the McClay's property and then get Xcel to give them access into lot B, what is Weld County's view on this? Since either McClay's or Xcel have any interest in lot B would this not be an improper endaround? Could you please keep us informed regarding any changes in road access to the Hamlin's lot B. We would greatly appreciate it if you could notify us as soon as possible in case any litigation is required before it is recorded. Thank you, Gary and Debra Sutton 1 M Jacqueline Hatch From: GARY SUTTON [garyndebsutton@hughes.net] Sent: Tuesday, July 22, 2008 11:08 PM To: Jacqueline Hatch Cc: Kim Ogle;joyce@frascona.com Subject: Utility Access Thank your for responding to our email, however you did not address the questions we had regarding what we need to do as property owners to provide adequate access for the Hamlins. Currently there is not an alternative access and we would like know if we need to make any improvements to keep the existing access. Jim Hanson and Kathryn Bauer called this morning to discuss the 20' utility access they are considering for the Hamilins through the Xcel property. We expressed to Xcel that we would be in agreement to grant them utiltiy access through the 20' on the eastside of our property. What happened to the Schlagel's access that included utilities? Best Regards, Gary & Debra Sutton On Jul 22, 2008, jhatch@co.weld.co.uswrote: Hello Gary and Debra, At this time it is the Weld County Planning Departments understanding that the Hamlin's are currently working on obtaining an adequate access and utility easement to their parcel. No finalized access or utility easements have been completed / recorded at this time either through the Schlagel's or Xcel property. Currently the Hamlin's have a 20 ' access easement across your property. They do need to obtain a utility easement. The utility easement does not necessarily need to be in the existing 20' access easement but it could be located there if you work out a separate agreement with the Hamlin's. The Hamlin's have expressed to me that they are attempting to obtain an alternative access to their property. If they opt to utilize a different access to their property the Department of Planning Services will require that the existing 20' easement not be utilized. I have spoken with Kathy Hamlin and she has stated that they are pursuing a utility easement only through the Xcel property. If you have any additional questions or comments please do not hesitate to contact me. Thanks and have a great day Jacqueline Original Message From: GARY SUTTON [mailto:garyndebsutton@hughes.net] Sent: Monday, July 21, 2008 10:27 AM To: Jacqueline Hatch Cc: Kim Ogle Subject: Adequate Access Requirements Hello Jacqueline, This is our second e-mail to you regarding this matter. I sorry to bother you again but I need to find out before the Tuesday 07/22/08 Xcel meeting to let them know what requirements we will address to make the easement adequate. In your e-mail to me you said the Hamlin's are currently seeking an adequate access from Xcel. This implies they don't have one now. We were wondering what we need to do as owners of the 20' 1 east access, to satis all county requirements for you to deem this as an adequate access. We are trying to have the Shlagel 30 ' and the Sutton 20 ' service the only two entrances to Lot A and B of the proposed Hamlin's exemption # 1209-34-4 RE 4768. Do we need to widen it to 30 ' , gravel, remove fence, include a utility clause. Any help you could give us in this matter would be greatly appreciated. Thanks, Gary and Debra Sutton 2 Jacqueline Hatch From: Jacqueline Hatch Sent: Tuesday, July 22, 2008 9:45 AM To: 'GARY SUTTON' Subject: RE: Adequate Access Requirements Hello Gary and Debra, At this time it is the Weld County Planning Departments understanding that the Hamlin's are currently working on obtaining an adequate access and utility easement to their parcel. No finalized access or utility easements have been completed / recorded at this time either through the Schlagel's or Xcel property. Currently the Hamlin's have a 20' access easement across your property. They do need to obtain a utility easement. The utility easement does not necessarily need to be in the existing 20 ' access easement but it could be located there if you work out a separate agreement with the Hamlin's. The Hamlin's have expressed to me that they are attempting to obtain an alternative access to their property. If they opt to utilize a different access to their property the Department of Planning Services will require that the existing 20' easement not be utilized. I have spoken with Kathy Hamlin and she has stated that they are pursuing a utility easement only through the Xcel property. If you have any additional questions or comments please do not hesitate to contact me. Thanks and have a great day Jacqueline Original Message From: GARY SUTTON [mailto:garyndebsutton@hughes.net] Sent: Monday, July 21, 2008 10:27 AM To: Jacqueline Hatch Cc: Kim Ogle Subject: Adequate Access Requirements Hello Jacqueline, This is our second e-mail to you regarding this matter. I sorry to bother you again but I need to find out before the Tuesday 07/22/08 Xcel meeting to let them know what requirements we will address to make the easement adequate. In your e-mail to me you said the Hamlin's are currently seeking an adequate access from Xcel. This implies they don't have one now. We were wondering what we need to do as owners of the 20' east access, to satisfy all county requirements for you to deem this as an adequate access. We are trying to have the Shlagel 30 ' and the Sutton 20 ' service the only two entrances to Lot A and B of the proposed Hamlin's exemption # 1209-34-4 RE 4768. Do we need to widen it to 30' , gravel, remove fence, include a utility clause. Any help you could give us in this matter would be greatly appreciated. Thanks, Gary and Debra Sutton 1 411 Jacqueline Hatch From: Kim Ogle Sent: Wednesday, July 16, 2008 9:38 AM To: Sutton, Debra Cc: Jacqueline Hatch Subject: RE: End Arounds Debra Jacqueline is the case manager. I have no bearing on the approval or denial of the application It is also my understanding that referrals have been sent out and comments are coming back into the office. All of our case files are of public record and you are most welcome to come to the Southwest Service Center to review this case file. Specific questions on this application should be directed to the planner. Thank you for your inquiry Kim Ogle I Planning Manager From: Sutton, Debra [mailto:Debra.Sutton@anadarko.com] Sent: Wednesday, July 16, 2008 9:14 AM To: Kim Ogle Subject: End Arounds Sorry, I misunderstood, I thought you were her supervisor and approved the proposal. I will contact Jacqueline Hatch in the future. Debbie Debra Sutton Kerr-McGee Gathering LLC Anadarko Petroleum Corporation Phone 303-655-4316 Fax 303-655-4380 Anadarko Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. 1 GIP a Jacqueline Hatch From: Jacqueline Hatch Sent: Wednesday, July 16, 2008 7:48 AM To: 'GARY SUTTON' Subject: RE: Hamlin's Recorded Exemption # 1209-34-4 RE-4768 Gary and Debra Thanks for the email At this time no new information has been submitted to our office regarding the Hamlin's Recorded Exemption. Thanks Jacqueline Original Message From: GARY SUTTON [mailto:garyndebsutton@hughes.net] Sent: Wednesday, July 16, 2008 7:43 AM To: Jacqueline Hatch Subject: Hamlin's Recorded Exemption # 1209-34-4 RE-4768 Hello Jacqueline, I was wondering if you heard back from Xcel on the proposed Xcel access to Hamlin's property. Also can you notify me as soon as possible when you have a copy of the final plat ready for pickup. I know there is a $10.00 fee. Thanks for your help, Gary and Debra Sutton 1 elk Jacqueline Hatch From: Kim Ogle Sent: Tuesday, July 15, 2008 10:07 PM To: garyndebsutton@hughes.net Cc: Jacqueline Hatch Subject: FW: Question About End Arounds Debra and Gary The application for property owners to the North of your property is being handled by Jacqueline Hatch, Senior Planner for Weld County. As she is the case manager for this application please refer comments and inquiries to her. Thank you. Kim Ogle I Planning Manager From: GARY SUTTON [mailto:garyndebsutton@hughes.net] Sent: Tuesday, July 15, 2008 8:15 PM To: Kim Ogle Subject: Question About End Arounds I would like some clarification on Weld County's policy on end arounds. In your first conversation with Gary you told him the Schlagel access to the Hamlin's property was a improper end around and you would have never approved it. However, when Gary talked to Jacqueline Hatch she stated there was nothing improper about it. My question is, if Xcel grants the access through their property, will you approve the final plat to record yet another end around? Respectfully, Debra Sutton 9533 WCR 26 1 r Jacqueline Hatch From: Jacqueline Hatch Sent: Monday, July 14, 2008 11:33 AM To: 'GARY SUTTON' Cc: Kim Ogle; oliver@frascona.com; kathryn.bauer@xcelenergy.co;jim.hanson@xcelenergy.com Subject: RE: Hamlin's Recorded Exemption No. 1209-34-4 RE-4768 Debra and Gary, Thank you for your email outlining your concerns. I will place a copy of your email in the file. At this time it is the Weld County Planning Departments understanding that the Hamlin's are currently working on obtaining adequate access and utility easements to their parcel. No finalized access or utility easements have been completed / recorded at this time. If you have any additional questions or comments please do not hesitate to contact me. Thanks and have a great day Jacqueline Original Message From: GARY SUTTON (mailto:garyndebsutton@hughes.net] Sent: Monday, July 14, 2008 10:07 AM To: Jacqueline Hatch Cc: Kim Ogle; oliver@frascona.com; kathryn.bauer@xcelenergy.co; jim.hanson@xcelenergy.com Subject: Hamlin's Recorded Exemption No. 1209-34-4 RE-4768 This email is to address the situation with the Hamlin's existing 20' access through our property and proposed access on Xcel's property. You stated in your phone conversation and noted on your proposed plat, that the only access to Hamlin's Lot B is through Xcel's property. This indicates to us that you are planning to close the existing 20' access and land lock Lot B. Xcel has assured us numerous times they would not grant access through their property unless the party is landlocked and we have ask them for consideration in this matter because the Weld County proposed access would be less than 250' feet from our home as opposed to the existing access which is over 800' . With the large horse barn and arena on the Hamlin's property, the traffic with trucks and horse trailers would create a tremendous hardship on our home being that close. If you are closing this access because it is not improved, we would be in agreement to make the required improvements. Weld County or the Hamlins have not notified us that the access does not meet county requirements, nor requested us to make improvements. We have been negotiating with the Hamlin's for over a year to reach an agreement to improve or expand their existing 20' access. We initially offered to amend the existing access for two homes which is what they requested. In my last conversation in late April with Kathryn Hamilin, I (Debra) offered to grant them unlimited rights to improve the access if they in turn would keep the existing fence line, which had been in place for 25 years, on the north side of our property to keep the original landscaping it tact and she verbally agreed. Three weeks later with no further conversation, the Hamlin's proceeded to move the fence referred to above. We are attaching pictures to support the statements referred to above as well as access points. We are respectfully requesting that Weld County Planning not record the exemption land locking Lot B and keep the existing 20' access in the east side of our property. Without seeing the final plat we can only speculate on how you (Weld County Planning) and the Hamlins are attempting to change the access to Lot B. We find it very disturbing that in a phone conference with you, Gary and Kim Ogle on July 10th, that you said that the plan was to use only the 2 east access points and nothing on the Xcel land. Mr. Ogle stated that if they did an improper endaround the east side why do you think they would'nt try to do that on the west side. Your answer was I hadn't thought about that. Later that afternoon Gary reviewed the preliminary plat you gave him, and found a handwritten note stating "the only access to lot B is noted" on the plat. He called you to find out where the access was and you stated that it was through Xcel's property and added "if they can get it, more power to them. It appears you are trying to help the Hamlins at all costs. We would hope that you can be fair to both parties involved now that you have more facts. 1 • • We are copying our attorney Oliver Frascona on this email and anticipate he will need a copy of the final plat with the proposed changes for review. It is our understanding a copy will be available for us to pickup on Monday, July 14th. Respectfully, Debra and Gary Sutton 2 S • Jacqueline Hatch From: GARY SUTTON [garyndebsutton@hughes.net] Sent: Monday, July 14, 2008 10:07 AM To: Jacqueline Hatch Cc: Kim Ogle; oliver@frascona.com; kathryn.bauer@xcelenergy.co;jim.hanson@xcelenergy.com Subject: Hamlin's Recorded Exemption No. 1209-34-4 RE-4768 Attachments: Schlagel-Sutton Access.JPG; Proposed Xcel Access to House.JPG; East side Existing Access to House.JPG; North Fence As Purchased.jpg; North Fence May 2008.JPG; Proposed Xcel Access.JPG Schlagel-Sutton Proposed Xcel East side Existing North Fence As North Fence May Proposed Xcel Access.JPG (4 ... Access to House.... Access to H... Purchased.jpg(... 2008.JPG(811 ... AccessJPG(64 K... This email is to address the situation with the Hamlin's existing 20 ' access through our property and proposed access on Xcel's property. You stated in your phone conversation and noted on your proposed plat, that the only access to Hamlin's Lot B is through Xcel's property. This indicates to us that you are planning to close the existing 20' access and land lock Lot B. Xcel has assured us numerous times they would not grant access through their property unless the party is landlocked and we have ask them for consideration in this matter because the Weld County proposed access would be less than 250' feet from our home as opposed to the existing access which is over 800' . With the large horse barn and arena on the Hamlin's property, the traffic with trucks and horse trailers would create a tremendous hardship on our home being that close. If you are closing this access because it is not improved, we would be in agreement to make the required improvements. Weld County or the Hamlins have not notified us that the access does not meet county requirements, nor requested us to make improvements. We have been negotiating with the Hamlin's for over a year to reach an agreement to improve or expand their existing 20' access. We initially offered to amend the existing access for two homes which is what they requested. In my last conversation in late April with Kathryn Hamilin, I (Debra) offered to grant them unlimited rights to improve the access if they in turn would keep the existing fence line, which had been in place for 25 years, on the north side of our property to keep the original landscaping it tact and she verbally agreed. Three weeks later with no further conversation, the Hamlin's proceeded to move the fence referred to above. We are attaching pictures to support the statements referred to above as well as access points. We are respectfully requesting that Weld County Planning not record the exemption land locking Lot B and keep the existing 20 ' access in the east side of our property. Without seeing the final plat we can only speculate on how you (Weld County Planning) and the Hamlins are attempting to change the access to Lot B. We find it very disturbing that in a phone conference with you, Gary and Kim Ogle on July 10th, that you said that the plan was to use only the 2 east access points and nothing on the Xcel land. Mr. Ogle stated that if they did an improper endaround the east side why do you think they would'nt try to do that on the west side. Your answer was I hadn't thought about that. Later that afternoon Gary reviewed the preliminary plat you gave him, and found a handwritten note stating "the only access to lot B is noted" on the plat. He called you to find out where the access was and you stated that it was through Xcel's property and added "if they can get it, more power to them. It appears you are trying to help the Hamlins at all costs. We would hope that you can be fair to both parties involved now that you have more facts. We are copying our attorney Oliver Frascona on this email and anticipate he will need a copy of the final plat with the proposed changes for review. It is our understanding a copy will be available for us to pickup on Monday, July 14th. Respectfully, 1 Debra and Gary Sutton 2 a 6.. 4Y • f Er`- ` A ,i { h t y x 'r,'; . are^C aL v nB A, , e� ;b •. r r ,p xW aa„ g t s ;#;rW a fig, °• ! xx 1-,,,-s,. ..„:„ '" dxd" ., J0.i°§ 'tra a y r+'.rv' 4:444,0.44i, biro' dF& , caw "rl abetn•�� ;‘,1/2‘444.1:$4:41k4,‘ � R� a r�.4ot� �'„ � � #r'W. i t :n'Ail S .✓ ax�3� �a wxa� 3 "+3 r 'S2 'ky .„,,,7,-,-:„.44,3„ s x i�q. 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Yi t dj a ti.gyp 'i it t ffftt t 2 t y „ �i �.'x 3i a.ittt<A • gA ` I € ;` ski} � i.w g3 .°PA�': t y . 6 5 x� �v X` '£r pp s 5 T# £ :�' ITT � t f • 3 I I11s,. ;:t d' g; ytt " ₹ s + - I In . *' {l R' 'i 3 t 9J A 4 G r .. m R . - rtay �$I> ,t, Y t4 f>& :.' �'.,' �;_s•__ai! :* am ' ;g }{ :: is ^ Jacqueline Hatch From: Bruce Barker Sent: Thursday, July 10, 2008 4:53 PM To: Jacqueline Hatch Subject: RE: access easement Needs to get approval of that from the owner of Lot A. Original Message From: Jacqueline Hatch Sent: Thursday, July 10, 2008 1:03 PM To: Bruce Barker Subject: access easement Bruce, Quick question for you I hope. I have an older RE (RE-702) approved in 1984 and the access to Lot B is across Lot A and is labeled '20' access easement' . My question is can the owner of Lot B also run utilities in that easement? Thank you! ! ! Jacqueline 1 Jul 10 08 01 : 28p Kathilamlin 303-82240 p. 1 Kathy Hamlin 5198 Weld County Road 28 Longmont,CO 80504 Phone Number. (303)827-3240 Cell Phone Number. (970)302-3002 Fax Number. (970)535-0634 Email: kathy.hamlin@comcastnet Fax Transmittal Form To:Weld County Planning From: Kathy Hamlin Name: Jacqueline Hatch Date Sent 07-10-08 CC: Phone:720-652-42103(8730 Number of Pages: 6 Fax: 720-652-4211 Jacqueline, I am sending the Driveway Easement Agreement we have the Schlagels. I think it is complete and addresses all of the access and utility issues we discussed. I apologize for not including it in the original packet We would like clarification, if possible, on the language of the 20' easement through the current Lot A so that we use that easement appropriately. We will not pursue the access through the Xcel property and apply only for a utility license from them. I will plant a tree to block the current roadway on our property that enters through the Xcel property. That won't stop the oil and gas traffic, but might redirect them to their other entry points. Please include placement of utilities on both the east and west sides of the plat I will forward the Xcel license as soon as it is available. I look forward to getting this done! Thanks for your help. Kathy Hamlin 970-302-3002 Jul 10 08 01 : 28p Kath Hamlin 303-827-3240 p. 2 DRIVEWAY EASEMENT AGREEMENT THIS DRIVEWAY EASEMENT AGREEMENT(this"Agreement"), is made as of this 5th day of tiara r 1 1-' ,2007 by and between ROXANNA MARIE SCHLAGEL,an individual resident of the State of Colorado,whose legal address is 9833 County Road 26,Fort Lupton,Colorado 80621 ("Grantor"),and GERALD D. HAMLIN and KATHRYN J. HAMLIN,each an individual resident of the State of Colorado,whose legal address is 5198 Weld County Road 28,Longmont, Colorado 80504("Grantee"). RECITALS: WHEREAS,Grantor is the owner of certain real property located in Weld County,Colorado legally described on Exhibit A attached hereto and incorporated herein by this reference("Grantor's Property");and WHEREAS, Grantee is the owner of certain real property located in Weld County,Colorado legally described on Exhibit B attached hereto and incorporated herein by this reference("Grantee's Property");and WHEREAS, Grantor is willing to grant to Grantee,and Grantee is willing to accept from Grantor,a perpetual non-exclusive easement for the purposes set forth in this Agreement,subject,however,to the terms and conditions of this Agreement. AGREEMENT: NOW,THEREFORE,in consideration of the mutual promises, covenants and conditions hereinafter set forth,and for other good and valuable consideration,the receipt and sufficiency of which are hereby acknowledged,the parties hereto agree as follows: 1. Grant of Easement Grantor hereby grants,sells and conveys to Grantee, its successors and assigns forever,a perpetual,non-exclusive easement and right-of-way upon,over,across,beneath and through a strip of land thirty feet(30')wide located along and inside the westerly boundary of Grantor's Property,extending from the northerly edge of the right-of-way of Weld County Road 26 to a point three hundred fifty feet (350')north of said right of way in the location generally depicted on Exhibit C attached hereto and incorporated herein by this reference(the"Driveway Easement"). Grantee may use the Driveway Easement for the purposes of(a)ingress, egress and access to up to five (5)residences and associated outbuildings and barns located or to be located on Grantee's Property,(b)the construction, installation,use,maintenance,repair, improvement and replacement of a gravel roadway,(c)the installation,use,maintenance, repair,improvement and replacement of utility systems and such additional related facilities as may be necessary to serve Grantee's Property,and(d)the installation of landscaping(at Grantee's option). 2. Improvement of Driveway Easement. Grantee shall improve a portion of the driveway easement with a gravel surface. The initial improvement of the Driveway {00061722/2} Jul 10 08 01 : 28p KathHamlin 303-827-3240 P. 3 Easement shall be the sole responsibility of, and shall be performed at the sole cost and expense of,Grantee. 3. Maintenance of Driveway Easement Grantee shall be solely responsible for maintenance of the Driveway Easement, including maintenance of the gravel driveway and landscaping(if any)to the same standard as the initial installation thereof, unless and until Grantor,and/or her successors or assigns,utilize the Driveway Easement to access future development on Grantor's Property which includes more than one(1) residence. At such time, if ever,Grantor,or the then-current owner(s) of Grantor's Property,and Grantee,or the then-current owner(s)of Grantee's Property,shall be jointly responsible for the repair and maintenance of the Driveway Easement and shall cooperate with each other in the performance of routine and necessary repairs. The costs of maintenance of the Driveway Easement including,without limitation,the cost of snow removal services,shall be divided in accordance with the following formula: Grantor,or the then-current owner(s)of Grantor's Property, shall pay a percentage of the costs of maintenance equal to a fraction wherein the numerator is the number of legal parcels within Grantor's Property that utilize the Driveway Easement for across,and the denominator is the total number of legal parcels that utilize the Driveway Easement for access; and Grantee,or the then-current owner(s)of Grantee's Property,shall pay a percentage of the costs of maintenance equal to a fraction wherein the numerator is the number of legal parcels within Grantee's Property that utilize the Driveway Easement for access,and the denominator is the total number of legal parcels that utilize the Driveway Easement for access. 4. Utilities. Each party shall have the right to install utilities and related facilities within the Driveway Easement to serve such party's property. Subject to the following sentence, each party shall be solely responsible for all costs and expenses associated with the installation,use,maintenance,repair, improvement, replacement and/or removal of all or any portion of the utilities and related facilities serving such party's property. Either party may,at its sole cost and expense,hook into the utilities and related facilities installed within the Driveway Easement regardless of which party initially installed such utilities. In such event,the parties shall share all costs and expenses associated with the use,maintenance,repair,improvement,replacement and/or removal of such shared utilities and related facilities in accordance with the formula provided in Section 3 above. 5. Installation of Entry Gate. Either party may construct an entry gate to restrict access to the Driveway Easement,provided that the other party,its successors and assigns,and the guests and invitees of each of them shall have continued,uninterrupted access to such party's property. The party installing the entry gate shall be responsible for all costs and expenses associated with the installation,use,maintenance,repair, improvement,replacement and/or removal of the entry gate,including,without limitation, all costs and expenses of providing electrical power, if any,for the operation of the entry gate. 6. No Blockage. Except for the entry gate described in Section 5,neither party shall obstruct,block or otherwise restrict the use of any portion of the Driveway tomstrn 2} 2 Jul 10 08 01 : 28p Kathmlin 303-827-3240 p. 4 Easement except for temporary periods necessary for installation of improvements,and for the repair,maintenance and replacement of such improvements as necessary or appropriate. Other than in the case of an emergency,the party seeking to block the Driveway Easement shall provide at least forty-eight(48)hours advance notice to the other party. Nothing herein shall prohibit the continued existence,use and operation of the irrigation pivot located on Grantor's Property adjacent to the Driveway Easement, which irrigation pivot shall not be deemed to obstruct,block or otherwise restrict the use of the Driveway Easement pursuant to this Section 6. 7. Insurance Coverages. Each party shall be responsible for obtaining and thereafter maintaining,at its sole cost and expense,appropriate insurance coverages insuring against loss,damage or liability associated with the Driveway Easement, as each owner's interest may appear. 8. Covenant Running With the Land. Each and every obligation of Grantor and Grantee contained in this Agreement is made for the benefit of the other party. Each provision of this Agreement shall be deemed a covenant running with the land pursuant to applicable law,and shall be binding upon the successors and assigns of each of the parties hereto. Notwithstanding the foregoing,if either party sells all or any portion of its interest in property subject to this Agreement, such party shall thereupon be released and discharged from any and all obligations in connection with the property sold by it arising under this Agreement after the sale and conveyance of title but shall remain liable for all obligations arising under this Agreement prior to the sale and conveyance of title. The new owner of any such property or portion thereof(including, without limitation, anyone who acquires its interest by foreclosure,trustee sale or otherwise)shall be liable for all obligations arising under this Agreement with respect to such property or portion thereof after the date of sale and conveyance of title. 9. Remedies. In the event of any violation or threatened violation by any party of any of the provisions of this Agreement,the party not in violation hereof shall have the right to enjoin such violation or threatened violation by preceding in the District Court of Weld County or,if jurisdiction therein lies,the federal district court for Colorado. The right of injunction shall be in addition to all other remedies set forth in this Agreement or provided by law. 10. Prevailing Party. In the event any party initiates or defends any legal action or proceeding to enforce or interpret any of the terms of this Agreement,the prevailing party in any such action or proceeding shall be awarded from the non- prevailing party in any such action or proceeding its reasonable costs and attorneys' fees, including the reasonable costs and attorneys' fees on any appeal,in addition to any other relief awarded. 11. Notices. All notices,requests and demands to or upon any party to this Agreement shall be in writing and shall be personally delivered or delivered via certified mail,return receipt requested,postage prepaid,or by recognized national overnight courier service, addressed to each party as set forth in the introductory paragraph of this Agreement.Notice shall be deemed effective on the third(3rd)business day following (00061722/2) 3 Jul 10 08 01 : 29p Kath Hamlin 303-827-3240 p. 5 the date postmarked,if sent by mail,or on the date of delivery, if sent by personal delivery or overnight courier. Any party may change the address or addresses specified for the giving of notices hereunder by providing written notice of such changed address or addresses delivered in the same manner as other notices required hereunder. 12. Headings. The headings of the various sections of this Agreement have been inserted for reference only and shall not have the effect of modifying,amending or changing the express terms and provisions of this Agreement. 13. Severability. If any provision of this Agreement, or the application thereof,is in any circumstances invalidated, such invalidity shall not affect the validity of the remainder of this Agreement 14. Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to the subject matter described herein. NI) representations or warranties of any nature have been made by either Grantor or Grantee, and neither Grantor nor Grantee has entered into this Agreement in reliance upon any such representations or warranties,except as expressly set forth herein. No variations or modifications of,or amendment to,the terms of this Agreement shall be binding upon the parties unless reduced to writing and signed by the parties hereto. 15. Governing Law. It is the intention of the parties hereto that all questions with respect to the construction and interpretation of this Agreement and the rights and liabilities of the parties hereunder shall be determined in accordance with the laws of the State of Colorado. IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed by their duly authorized representatives as of the day and year first written above. GRANTOR: J Q _, Rosanna Marie Schlagel GRANTEE:SZ/a Gerald D. Hamlin �r7 Ka J. Hamlin (00061722/2) 4 Jul 10 08 01 : 29p Kath Hamlin 303-8240 p. 8 „.0"1"W bNgpii''''/// 45 STATE OF COLORADO ) - o r- j a )ss. %9P\9ifl � :�? COUNTY OF Lek?,\0\ ) }o •'' --"t' ' The foregoing was acknowledged before me this flday of cfX',fa '01+x'!& ' 2007,by Roxanna Marie Schlagel,an individual resident of the State of Colorado. Witness my hand and official seal. CO/j\Qrera- SP(20f\O-t 1r NoI Public My commission expires: (z\ r\ 1 tai , %O ` ya1S ynai✓'' on 2N” � ' C O ' STATE OF COLORADO ) = o ? m ! ' n o )ss. $:•o Y/, COUNTY OF an\ ) 'Toc ..••--•••"'` 4.o : The foregoing was acknowledged before me this r> day of i Pte' ,2007,by Gerald D.Hamlin,an individual resident of the State o Colorado. Witness my hand and official seal. .r& bcoono_A ,..... No Public` "apmmminkir����i' My commission expires: AP'C\ \ �,r°\� , o f a = 8 ` rW- ! a =9 = STATE OF COLORADO ,� n g )ss. %1'y•'+.�' ��,,rpr�' COUNTY OF L,"hekA ) o s. 0 B aao`‘�`�. The foregoing was acknowledged before me this day of 'iepf m b(,1'' ,2007,by Kathryn J.Hamlin, an individual resident of the State of Colorado. Witness my hand and official seal. b _A1 No Public My commission expires:Avn\ a,„FIN {00061722 1 1} 5 treasurer's Tax Search Kesult Fa e • Page 1 of 1 . r W efcotne, o "C ' 1-- Weld- C'Oturty, Co(oratfo y OAT c'. fair Home Services Departments About Weld Property Information Contact Us Home > Departments > Treasurer's Office > Tax Search > Tax Search Results Tax Search Details Information for tax year: 2007 payable in 2008 Property Information Owner Name: HAMLIN GERALD D& Address: 9447 26 CR City: WELD Account Number: R0512301 Parcel Number: 120934000043 Legal Address: pt w2se4 34-3-67 lot b rec exempt re-702 situs: 9447 26 cr weld 0 Value Information Actual Land Value $16,086.00 Assessed Land Value $4,670.00 Actual Improved Value$30,767.00 Assessed Improved Value$8,920.00 Actual Total Value $46,853.00 Assessed Total Value $13,590.00 Payment Information Total Tax Amount: $565.34 Prior Year Taxes Charged: $581.82 First Half Amount: $0.00 Second Half Amount: $0.00 SR. Exemption: $0.00 Full Amount Paid: ($565.34) Current Balance: $0.00 IF any of the following fields are "YES" please contact the Treasurer's Office for more information. Tax Status Tax Liens: No Tax Area 2192 Prior Taxes Due: No Senior Homestead Exemption: No Special Improvement Tax: No Mill Levy 41.599 Personal Property Penalty: No Property Transfer Declaration No Database Last Updated at: 03:29 AM on June 25, 2008 https://www.co.weld.co.us/departments/treasurer/tax/tax results.cfin?ACCOUNTNO=R05... 6/25/2008 GERALD AND KA•RYN HAMLIN • 5198 Weld County Road 28 Longmont,CO 80504 303-827-3240—Home 970-302-3002-K.Cell kathv.hamlinna comcast.net June 24, 2008 Jacqueline Hatch, Planner Weld County Department of Planning Services 4209 CR 24.5 Longmont, CO 80504 Subject: Recorded Exemption RE-4768 Dear Ms. Hatch, Attached are two paper copies of our plat for your review. I believe all of the conditions/notes required are placed on the plat. To respond to the conditions of approval: 1. A septic permit has not been applied for as no home is yet proposed, however when a building permit is applied for, a septic permit will be in place. 2. The lot is of an adequate size to meet Weld County Code pertaining to septic permits. All setbacks are illustrated on the plat. 3. a. The plat is titled correctly: Recorded Exemption No. 1209-34-4-RE-4768 b. The access and utility easements are shown extending from WCR 26 and will be maintained to provide all weather access c. Access is clearly shown on the plat d. Verification that Lot A and Lot B are accessing from CR 26 will be provided when applying for a building permit and the access can be inspected at any time. e. The access point within the Public Service of Colorado property is shown on the plat, although it is not an access point for Lot B at this time. An application has been made and is pending for an encroachment/utility easement through the PSCo property, but it is not necessary for access to Lot A or Lot B. We cannot close the access that is not on our property as it is used by the oil and gas companies through their own access agreement with PSCo. f. Neither Lot A or Lot B are adjacent to WCR 26 and do not impact the 60-foot right-of-way that exists on WCR 26. g. I do not know how to address this item regarding CR 19, except to instruct that the plat indicate the right-of-way requirement on WCR 19. h. A septic permit will be necessary in order to apply for a building permit as no sewer lines are in the area. Lot B does not have any ravines, ditches, streams or any other site limiting factors that would interfere with the installation of a septic system. i. Building permits and all necessary district approvals will be obtained by the owners of the lots before commencing any construction, as required by Weld County Code. j. A 20' and a 30' access/utility easement exists, as shown on the plat, for the purpose of installing water lines and other necessary utilities to the lots. k.No delinquent taxes exist for the property. See attached schedule. 1. The required notes are included on the plat. I believe the Lots meet all of the requirements set forth in the Weld County Code. After reviewing the enclosed plats, if you have any questions or additional requirements, please contact me. Sincerely, Kathy Hamlin Apr 02 08 10: 20a Ka Hamlin 303-3240 p. 1 Kathy Hamlin 5198 Weld County Road 28 Longmont,CO 80504 Phone Number. (970)535-0634 Cell Phone Number: (970)302-3002 Fax Number. (970)535-0634 Email kathy.hamlin@comcast.net Fax Transmittal Form To:Weld County Planning From: Kathy Hamlin Name: Jacqueline Hatch Date Sent 04-02-08 CC: Phone: 720-652-4210 Number of Pages: 4 Far 720-652-4211 Jacqueline, Thanks for the information regarding the status of our recorded exemption application. Attached is the receipt from the Weld County School District showing we have made payment to satisfy the cash in lieu requirement. Dr.Barbie indicated she was sending you a confirmation letter as well. I am also attaching the front and back pages of our recorded easement, giving us an additional 30- foot access/utility easement on the east side of the property. I though I had enclosed a complete copy of the agreement with my application. Sony for the confusion. Please call if you have any questions. Sincerely, Apr 02 08 10: 20a KatSHamlin 303-82.3240 p. 2 Weld County School District RE-1 Gilcrest• LaSalle•Platteville P.O.Box 157 1.4827 W.C.R.42 Dr.Jo Barbie,S ..- Gilcrest,CO 80623 u Superintendent Phone 970-737-2403 Jeff Cogbarn,Director of Personnel&Auxiliary Services Fax 970-737-2516 Ann Sims,Director of Learning Services Metro 303-629-9337 Keith Ouweneel,Director of Technology -7' lv.. R€Cc R'E 7 RClaa�K�fC/i ed 4— r9.�// ieil Yjil�sl J ii C7. _ .. f A • } o a0 $ /0.5-51-. C`''€ ..,:lr*r FOR l l00 CZ-it lQJ7 � � �6 aCCOUN; � 4 Q HCISt't'AIhS • /WT.OF 0 U X U ACCOUNTDISH`. t� (� N :.ct7...'ZI . CFIECh. i 73 coo st.atit - MONEY ' ANI. i BY ("2001 RiEIFOi21i:: 31.816 a BOARD OF EDUCATION Marsha Harris Randy Ray Christy Raritan David Eckhardt Patricia Montoya Robin Lind President Vice President Secretary Treasurer Director Director Our Total Commitment Is to Provide an Exemplary Education and Safe Environment for all Students Apr 02 08 10: 20a Kat Hamlin 303-83240 p. 3 INDIUM! MITI H IM OD III 11111 IIII IIII 3510380 10/11/2007 02:28P Weld County, CO 380 1 of 9 R 46.00 D 0.00 Steve Moreno Clerk& Recorder DRIVEWAY EASEMENT AGREEMENT THIS DRIVEWAY EASEMENT AGREEMENT(this"Agreement"), is made as of this JU- 3 day of Septe YIber 2007 by and between ROXANNA MARIE SCHLAGEL,an individual resident of the State of Colorado,whose legal address is 9833 County Road 26,Fort Lupton,Colorado 80621 ("Grantor"),and GERALD D. HAMLIN and KATHRYN J. HAMLIN, each an individual resident of the State of Colorado,whose legal address is 5198 Weld County Road 28, Longmont, Colorado 80504("Grantee"). RECITALS: WHEREAS, Grantor is the owner of certain real property located in Weld County,Colorado legally described on Exhibit A attached hereto and incorporated herein by this reference ("Grantor's Property");and WHEREAS, Grantee is the owner of certain real property located in Weld County,Colorado legally described on Exhibit B attached hereto and incorporated herein by this reference("Grantee's Property");and WHEREAS, Grantor is willing to grant to Grantee,and Grantee is willing to accept from Grantor,a perpetual non-exclusive easement for the purposes set forth in this Agreement,subject,however,to the terms and conditions of this Agreement. AGREEMENT: NOW,THEREFORE, in consideration of the mutual promises,covenants and conditions hereinafter set forth,and for other good and valuable consideration,the receipt and sufficiency of which are hereby acknowledged,the parties hereto agree as follows: 1. Grant of Easement. Grantor hereby grants,sells and conveys to Grantee, its successors and assigns forever,a perpetual,non-exclusive easement and right-of-way upon,over, across,beneath and through a strip of land thirty feet(30')wide located along and inside the westerly boundary of Grantor's Property,extending from the northerly edge of the right-of-way of Weld County Road 26 to a point three hundred fifty feet (350')north of said right of way in the location generally depicted on Exhibit C attached hereto and incorporated herein by this reference(the"Driveway Easement"). Grantee may use the Driveway Easement for the purposes of(a)ingress,egress and access to up to five(5)residences and associated outbuildings and barns located or to be located on Grantee's Property, (b)the construction, installation,use, maintenance,repair, improvement and replacement of a gravel roadway, (c)the installation,use, maintenance, repair, improvement and replacement of utility systems and such additional related facilities as may be necessary to serve Grantee's Property,and(d)the installation of landscaping(at Grantee's option). 2. Improvement of Driveway Easement. Grantee shall improve a portion of the driveway easement with a gravel surface. The initial improvement of the Driveway (00061722/2} Apr 02 08 10: 21a Kat Hamlin 303-8.3240 p. 4 11011111111110111111111111111111 1 HA IN 'Hill' 3510380 10/11/2007 02:28P Weld County, CO 9 of 9 R 46.00 D 0.00 Steve Moreno Clerk& Recorder EXHIBIT C DEPICTION OF DRIVEWAY EASEMENT 1 N Lot B-RE 702 Schlagel Hamlin Lot A-RE 702 30'x 350'Easement t--- WCR 26' (00061722/1) 1111111 I III 11111!III Mill Mill 11111111 IIII IIII • 3510300 10/11/2007 02:28P Weld County, CO 380 1 of 9 R 46.00 D 0.00 Steve Moreno Clerk& Recorder DRIVEWAY EASEMENT AGREEMENT THIS DRIVEWAY EASEMENT AGREEMENT(this"Agreement"), is made as of this b day of '3e j*e f bt?r.2007 by and between ROXANNA MARIE SCHLAGEL,an individual resident of the State of Colorado,whose legal address is 9833 County Road 26,Fort Lupton,Colorado 80621 ("Grantor"),and GERALD D.HAMLIN and KATHRYN J. HAMLIN,each an individual resident of the State of Colorado,whose legal address is 5198 Weld County Road 28, Longmont, Colorado 80504("Grantee"). RECITALS: WHEREAS, Grantor is the owner of certain real property located in Weld County, Colorado legally described on Exhibit A attached hereto and incorporated herein by this reference("Grantor's Property");and WHEREAS,Grantee is the owner of certain real property located in Weld County,Colorado legally described on Exhibit B attached hereto and incorporated herein by this reference("Grantee's Property"); and WHEREAS, Grantor is willing to grant to Grantee,and Grantee is willing to accept from Grantor,a perpetual non-exclusive easement for the purposes set forth in this Agreement, subject,however,to the terms and conditions of this Agreement. AGREEMENT: NOW, THEREFORE,in consideration of the mutual promises,covenants and conditions hereinafter set forth,and for other good and valuable consideration,the receipt and sufficiency of which are hereby acknowledged,the parties hereto agree as follows: 1. Grant of Easement. Grantor hereby grants,sells and conveys to Grantee, its successors and assigns forever,a perpetual,non-exclusive easement and right-of-way upon,over,across,beneath and through a strip of land thirty feet(30')wide located along and inside the westerly boundary of Grantor's Property,extending from the northerly edge of the right-of-way of Weld County Road 26 to a point three hundred fifty feet (350')north of said right of way in the location generally depicted on Exhibit C attached hereto and incorporated herein by this reference(the"Driveway Easement"). Grantee may use the Driveway Facement for the purposes of(a)ingress,egress and access to up to five(5)residences and associated outbuildings and barns located or to be located on Grantee's Property,(b)the construction, installation,use,maintenance,repair, improvement and replacement of a gravel roadway,(c)the installation,use,maintenance, repair, improvement and replacement of utility systems and such additional related facilities as may be necessary to serve Grantee's Property,and(d)the installation of landscaping(at Grantee's option). 2. Improvement of Driveway Easement. Grantee shall improve a portion of the driveway easement with a gravel surface. The initial improvement of the Driveway (00061722/21 ` I 11111111E 111111 llll 11111111111 milk h uh un Dui 3510380 10/11/2007 02:28P Weld County, CO 2 of 9 R 46.00 D 0.00 Steve Moreno Clerk d Recorder Easement shall be the sole responsibility of, and shall be performed at the sole cost and expense of, Grantee. 3. Maintenance of Driveway Easement. Grantee shall be solely responsible for maintenance of the Driveway Easement,including maintenance of the gravel driveway and landscaping(if any)to the same standard as the initial installation thereof, unless and until Grantor, and/or her successors or assigns,utilize the Driveway Easement to access future development on Grantor's Property which includes more than one(1) residence. At such time,if ever,Grantor,or the then-current owner(s)of Grantor's Property, and Grantee,or the then-current owner(s)of Grantee's Property, shall be jointly responsible for the repair and maintenance of the Driveway Easement and shall cooperate with each other in the performance of routine and necessary repairs. The costs of maintenance of the Driveway Easement including without limitation,the cost of snow removal services,shall be divided in accordance with the following formula: Grantor, or the then-current owner(s) of Grantor's Property,shall pay a percentage of the costs of maintenance equal to a fraction wherein the numerator is the number of legal parcels within Grantor's Property that utilise the Driveway Easement for access,and the denominator is the total number of legal parcels that utilize the Driveway Easement for access;and Grantee,or the then-current owner(s)of Grantee's Property, shall pay a percentage of the costs of maintenance equal to a fraction wherein the numerator is the number of legal parcels within Grantee's Property that utilize the Driveway Easement for access,and the denominator is the total number of legal parcels that utilize the Driveway Easement for actress. 4. Utilities. Each party shall have the right to install utilities and related facilities within the Driveway Easement to serve such party's property. Subject to the following sentence,each party shall be solely responsible for all costs and expenses associated with the installation,use,maintenance,repair, improvement,replacement and/or removal of all or any portion of the utilities and related facilities serving such party's property. Either party may,at its sole cost and expense,hook into the utilities and related facilities installed within the Driveway Easement regardless of which party initially installed such utilities. In such event,the parties shall share all costs and expenses associated with the use,maintenance,repair,improvement,replacement and/or removal of such shared utilities and related facilities in accordance with the formula provided in Section 3 above. 5. Installation of Entry Gate. Either party may construct an entry gate to restrict access to the Driveway Easement,provided that the other party, its successors and assigns, and the guests and invitees of each of them shall have continued,uninterrupted access to such party's property. The party installing the entry gate shall be responsible for all costs and expenses associated with the installation,use,maintenance,repair, improvement,replacement and/or removal of the entry gate,including,without limitation,all costs and expenses of providing electrical power, if any, for the operation of the entry gate. 6. No Blockage. Except for the entry gate described in Section 5,neither party shall obstruct,block or otherwise restrict the use of any portion of the Driveway {00061722/2) 2 ai Ina 5�18 nowt 10/11112007II , {02:28P Wel��unty, CO ���� 3 of 9 R 46.00 0 0.00 Steve Moreno Clerk&Recorder Easement except for temporary periods necessary for installation of improvements,and for the repair,maintenance and replacement of such improvements as necessary or appropriate. Other than in the case of an emergency,the party seeking to block the Driveway Easement shall provide at least forty-eight(48)hours advance notice to the other party. Nothing herein shall prohibit the continued existence,use and operation of the irrigation pivot located on Grantor's Property adjacent to the Driveway Easement, which irrigation pivot shall not be deemed to obstruct,block or otherwise restrict the use of the Driveway Basement pursuant to this Section 6. 7. Insurance Coverages. Each party shall be responsible for obtaining and thereafter maintaining,at its sole cost and expense,appropriate insurance coverages insuring against loss,damage or liability associated with the Driveway Easement,as each owner's interest may appear. 8. Covenant Running With the Land. Each and every obligation of Grantor and Grantee contained in this Agreement is made for the benefit of the other party. Each provision of this Agreement shall be deemed a covenant running with the land pursuant to applicable law,and shall be binding upon the snccncsors and assigns of each of the parties hereto. Notwithstanding the foregoing,if either party sells all or any portion of its interest in property subject to this Agreement, such party shall thereupon be released and discharged from any and all obligations in connection with the property sold by it arising under this Agreement after the sale and conveyance of title but shall remain liable for all obligations arising under this Agreement prior to the sale and conveyance of title. The new owner of any such property or portion thereof(including without limitation,anyone who acquires its interest by foreclosure,trustee sale or otherwise)shall be liable for all obligations arising under this Agreement with respect to such property or portion thereof after the date of sale and conveyance of title. 9. Remedies. In the event of any violation or threatened violation by any party of any of the provisions of this Agreement,the party not in violation hereof shall have the right to enjoin such violation or threatened violation by preceding in the District Court of Weld County or,if jurisdiction therein lies,the federal district court for Colorado. The right of injunction shall be in addition to all other remedies set forth in this Agreement or provided by law. 10. Prevailing Party. In the event any party initiates or defends any legal action or proceeding to enforce or interpret any of the terms of this Agreement,the prevailing party in any such action or proceeding shall be awarded from the non- prevailing party in any such action or proceeding its reasonable costs and attorneys' fees, including the reasonable costs and attorneys' fees on any appeal, in addition to any other relief awarded. 11. Notices. All notices,requests and demands to or upon any party to this Agreement shall be in writing and shall be personally delivered or delivered via certified mail,return receipt requested,postage prepaid,or by recognized national overnight courier service,addressed to each party as set forth in the introductory paragraph of this Agreement.Notice shall be deemed effective on the third(3rd)business day following {00061722/2} 3 I Imo 1111/ 1111/1 in 11111 111111 f l fff um it in' • 3510380 10/11/2007 02:28P Weld County, CO 4 of 9 R 46.00 0 0.00 Steve Moreno Clerk& Recorder the date postmarked,if sent by mail,or on the date of delivery, if sent by personal delivery or overnight courier. Any party may change the address or addresses specified for the giving of notices hereunder by providing written notice of such changed address or addresses delivered in the same manner as other notices required hereunder. 12. Headings. The headings of the various sections of this Agreement have been inserted for reference only and shall not have the effect of modifying,amending or changing the express terms and provisions of this Agreement. 13. Severability. If any provision of this Agreement,or the application thereof, is in any circumstances invalidated such invalidity shall not affect the validity of the remainder of this Agreement. 14. Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to the subject matter described herein. No representations or warranties of any nature have been made by either Grantor or Grantee, and neither Grantor nor Grantee has entered into this Agreement in reliance upon any such representations or warranties,except as expressly set forth herein. No variations or modifications of,or amendment to,the terms of this Agreement shall be binding upon the parties unless reduced to writing and signed by the parties hereto. 15. Governing Law. It is the intention of the parties hereto that all questions with respect to the construction and interpretation of this Agreement and the rights and liabilities of the parties hereunder shall be determined in accordance with the laws of the State of Colorado. IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed by their duly authorized representatives as of the day and year first written above. GRANTOR: Roxanna Marie Schlagel GRANTEE: Gerald D. Hamlin 7-Z---- ' T Hamlin (00061722/2) 4 1 111111 HMI 1111111111 11111 1111101111 111 11111 11111111 • ``�oy�`�`% " 3510380 10/11/2007 02:28P Weld County, CO 5 of 9 R 46.00 0 0.00 Steve Moreno Clerk& Recorder � ofa '' C 2 `•�N o STATE OF COLORADO ) 28 E. 1 m J a )ss. ms's Ci . i n, COUNTY OF (7.e \o,\ ) '%9o0'*,,......r."4.5s The foregoing was acknowledged before me this ii day of Cx= er , 2007,by Roxanna Marie Schiagel,an individual resident of the State of Colorado. Witness my band and official seal. No ty Public My commission expires: \--\yc. \ reT) 1:C \( `60011111111101/44 a STATE OF COLORADO ) = o co I ...4I a COUNTY OF \ P \E\ ) O00'�'.. .�''" P: The foregoing was acknowledged before me this• -•.day of�if"1_('I hlti i be-(' , 2007,by Gerald D. Hamlin, an individual resident of the State of Colorado. Witness my hand and official seal. -4 ,\ 1A-0,01, 'i bicCIT(1( _ Not*Public My commission expires: i-A," "C\ 1 N,,.)C-\0 , � '� aN5 -ivs * P>7.........sit STATE OF COLORADO ) =a 1: C )ss. %%'90 Y 6ra COUNTY OF fax\(\ ) o ! . The foregoing was acknowledged before me this (2 day of , )04rclk 1e v v\ M , 2007,by Kathryn J. Hamlin, an individual resident of the State of Colorado. Witness my hand and official seal. O No Public U My commission expires:A\ci c\ /), r>A C: (00061722/1) 5 • I UM 11111 uuii uu 11111 iiii��i iii 11111 �m u�i 3510380 10/11/2007 02:28P Weld County, CO 6 of 9 R 46.00 0 0.00 Steve Moreno Clerk& Recorder EXIIIIIIT A LEGAL DESCRIPTION OF GRANTOR'S PROPERTY • LEGAL DESCRIPTION EXHIBIT A The East 1/2 of the Southeast 1/4 of Section 34, Township 3 North, of Range 67 West of the 6th y.M., Count of Meld, State of Colorado, except the following described pains: Beg at a point on the South line of the said Southeast 1/4 from which the Southeast Corner of said Section 34 bears North 89 degrees 00' East a distance of 56.8 .feet; thence along..the said South line South 89 degrees 00' Nest a distance of 490.0 feet; thence sNorth 01 degrees 00' Nest at a right angle to the said South line a aidSouthfline•a feet; thence thence South 01 degrees parallel to the a distance of 666.0 feet more or less to the point of innregs Al' East except beginning at a point on the South tine of the saiid SSoutheastl11//4 of the Southeast 174 of Section 34 from which the Southwest Corner of the said Southeast 1/4 of the Southeast 1/4 bears South 89 degrees 00' West a distance of 24.0 feet; thence North 01 degrees 00' Nest at a right angle to the said South line a distance of 210.0 feet; thence North 89 degrees 00' East parallel to the said South line a distance of 210.0 feet; thence South 01 degrees 00' East a distance of 210.0 feet to a point on the South line of the said Southeast 1/4 of the Southeast 1/4 of Section 34, thence South 89 degrees 00' West al ng said South line a distance of 210.0 feet, more or less, to the point of begisning, {00061722/11 SIUUIII nu HMI MI 1I111 1111.111 111 11111 1111 1111 3510380 10/11/2007 02:28P Weld County, CO 7 of 9 ft 46.00 D 0.00 Steve Moreno Clerk & Recorder EXHIBIT B LEGAL DESCRIPTION OF GRANTEE'S PROPERTY Lot B of Recorded Exemption No. 1209-34-3-RE 702,recorded September 11, 1984 in Book 1043 at Reception No. 1981309,being a part of the west half of the southeast quarter of Section 34,Township 3 North,Range 67 West of the 6th P.M., County of Weld, State of Colorado. (00061722/2) 11111 113 IIII 11111 111111 aIII 11111 IIII IIII • 3510380 10/11/2007 02:28P Weld County, CO 8 of 9 R 46.00 0 0.00 Steve Moreno Clerk& Recorder EXHIBIT C DEPICTION OF DRIVEWAY EASEMENT (00061722/2} • 11111111111 HIM IIII 11111 IlilAll III 11111 IIII 1111 3510380 10/11/2007 02:28P Weld County, CO 9 of 9 R 46.00 D 0.00 Steve Moreno Clerk& Recorder EXHIBIT C DEPICTION OF DRIVEWAY EASEMENT 1 N Lot B-RE 702 Schlagel Hamlin Lot A-RE 702 30'x 350'Easement 4- WCR 26-'_ (00061722/1} r RECORDED EXEMPTION (RE) APPLICATION FOR PLANNING DEPARTMENT USE DATE RECEIVED: RECEIPT/AMOUNT# /$ CASE#ASSIGNED: APPLICATION RECEIVED BY PLANNER ASSIGNED: Parcel Number i a 0 g _ 3 4 :o _ o o _ o 4 3 (12 digit number-found on Tax I.D.information,obtainable at the Weld County Assessor's Office,or www.caweld.co.us). Legal Descriptiont_OF i3 Dc REt209.14•3RE1oa , Section334, Township 3 North, Rangebi West recorded a/u/s4 CPT' Wass% 34-3-(11 LotB RecExerrc* RE7oa, Has the property been divided from or had divided from it any other property since August 30, 1972? Yes to, No Is this parcel of land, under consideration, the total contiguous land owned by the applicant? Yes ✓ No FEE OWNER(S) OF THE PROPERTY: Name: Gera1c4 and Kck%- r n 44aw+\%n Work Phone#Qrjo.3oa•3co biome Phone#Q?06J'5OO4 Email Address 4{altny•hGIftC'@eon1c *.net Address: 5l98 UkeXd. Cotx tjRd a% City/State/Zip Code LD YYIDY-r' -1 CO 80504 APPLICANT OR AUTHORIZED AGENT (See Below:Authorization must accompany all applications signed by Authorized Agent) Name: Work Phone# Home Phone# Email Address Address: City/State/Zip Code Lot A Lot B Lot C Lot D Smaller Parcel Prop 5ec1: Fcr� ! Water Source Cam- CentralwtXd - Type of Sewer proposed. proppseri Proposed Use septic-so AittnJ �pSIC -(tr++t p runt\ re 1dev*c4 AS�r S18 y Acreage a.5 + (O0.$1' .,){ Existing Dwellings? If Yes, list ddress If Yes, list address f Yes, list address If Yes, list address J11�^i1 below: �7 {3 below: 73 7 below: below: 30a �o CR a D �o ear * 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 evidence must be included showing the signatory has to legal authority to sign for the corporation. Signature: Owner or Authorized Agent Date Sign ture: OvOner or Authorized Agent Date -4- i • RECORDED EXEMPTION (RE) QUESTIONNAIRE: 1. Water Supply: a. Domestic Water: Attached to this application are letters from Central Weld County Water District stating that water service can be made available to serve the proposed lots. b. Irrigation Water: There is not any irrigation water attached to this property for the purpose of irrigating any cropland. A well permit (Number 275563) has been issued by the State of Colorado Division of Water Resources for the purpose of watering livestock. 2. Disposal of Sewage: An engineered septic system will be designed, constructed and permitted according to Weld County ISDS requirements. 3. Description of Current Property Usage: The property is in the agricultural zone district. No livestock is currently on the property which is planted into dry land grass. The improvements include one (1) 12-stall metal horse barn and one(1) 150' x 300' outdoor arena. There are two (2) oil and gas well heads on the eastern half of the property. The parcel is directly north of Lot A of RE-702, which was recorded September 11, 1984. A 20-foot access easement to the property was established in the original recorded exemption on the south east corner of the property. An additional 30-foot access and utility easement was granted and recorded October 11, 2007 adjacent to the original easement to serve both of the proposed lots. 4. Location, Size, Use of the Property: Lot B is currently 63.282 acres. The new lot will be approximately 2.5 acres, located in the south east corner of the property, accessed by the existing easements. It is being created to be sold to a family member for a single family dwelling site. 5. Unique Physical Characteristics: The Lupton-Meadows Ditch runs east/west across the northern third of the property. 6. Building Envelopes: No building envelopes are requested. 7. Businesses and USR Permits: There are no existing businesses or USR Permits. Property Tax information rage 1 01 1 • • lVefrofne to i cr 'J ' 1Vc(d County) Colorado c q Home Services Departments About Weld Property Information Contact Us Home > Departments > Treasurer's Office > Tax Search > Tax Search Results > Tax Detail Tax Search Details Information for tax year: 2006 payable in 2007 Property Information Owner Name: Johnson Jane Ann & Address: 9447 26 CR City: Weld Account Number: R0512301 Parcel Number: 120934000043 Legal Address: pt w2se4 34-3-67 lot b rec exempt re-702 situs: 9447 26 cr weld 0 Value Information Actual Land Value $16,188.00 Assessed Land Value $4,690.00 Actual Improved Value$29,342.00 Assessed Improved Value$8,510.00 Actual Total Value $45,530.00 Assessed Total Value $13,200.00 Payment Information Total Tax Amount: $581.82 .... First Half Amount: $0.00 Second Half Amount: $0.00 SR. Exemption: $0.00 Full Amount Paid: ($581.82) Current Balance: $0.00 IF any of the following fields are "YES" please contact the Treasurer's Office for more information. Tax Status Tax Liens: No Tax Area 2192 Prior Taxes Due: No Senior Homestead Exemption: No Special Improvement Tax: No Mill Levy 44.077 Personal Property Penalty: No Property Transfer Declaration No Database Last Updated at: 03:03 AM on October 25, 2007 https://www.co.weld.co.us/departments/treasurer/tax/tax_info.cfm?ACCOUNTNO=R051... 10/25/2007 � M Licensee: United Power File With Document#: 2212 Investigation#:2008-088 Agent: Bauer Line No.Ft.St.Vrain—Valmont 206 Engineer: Martinez/Fearing Plat No. 2206-2.4 Section 34 Twp 3N Rge 67W County:Weld LICENSE AGREEMENT This LICENSE AGREEMENT ("License") is made this 1st day of December 2008 by and between PUBLIC SERVICE COMPANY OF COLORADO, a Colorado Corporation hereinafter called "Licensor,"and UNITED POWER hereinafter called"Licensee." RECITALS A. The Licensor is the fee owner of certain real property ("the Property"), and desires to protect and preserve the utility facilities located thereon and the future use of said real property which is more particularly described as follows: A parcel of land located in the West 150 feet of the W1/2 of the SE1/4 of Section 34, Township 3 North, Range 67 West of the 6"' Principal Meridian, County of Weld, State of Colorado, and as described in the attached Exhibit"A". B. Licensee desires to install a 1 Phase underground distribution line for new electric service to customers barn ("licensed facility") in, under, or along portions of the Premises as more particularly shown on Exhibit A, attached hereto and made a part hereof, and desires to obtain Licensor's permission therefore. AGREEMENT NOW, THEREFORE, in consideration of the foregoing, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Licensor hereby grants to Licensee,with respect to such interest as Licensor may have in the Premises, the authorization to construct, operate, maintain, repair, inspect, remove, and replace the licensed facility In, on, under, or along the Premises, subject to the following: (1) Licensor is the owner of a limited interest in the Premises. Licensee shall bear the sole obligation of obtaining from the fee title owner of the Premises or others owning proprietary interest in the Premises, such authority or rights as Licensee may need in addition to this license for Licensee's use of the Premises. Licensee agrees that any authorization granted herein is subject to Licensee obtaining such additional authorization. (2) Licensor intends to use the Premises for the construction, operation, maintenance, repair, replacement, and relocation of its utility facilities, and the rights herein granted to Licensee for the use of the Premises are subject to the rights of Licensor to use the Premises for such purposes, which rights Licensor hereby expressly reserves. (3) Licensee shall contact the Utility Notification Center of Colorado(1-800-922-1987)for location of any underground utilities, at least two working days prior to the commencement of construction on the Premises. Further, if Licensor has constructed electric transmission facilities on the Premises, Licensee shall contact Licensor's Electric Transmission Lines department at (303) 273-4669 at least four working days prior to the commencement of construction on the Premises. At the discretion of Licensor's Electric Transmission Lines department, construction activities on the Premises shall be performed only when 1 of 4 4.01 Licensor's representative is present. The instructions of such representative relating to the protection of Licensor's facilities will be followed by Licensee, and will be considered conditions of this authorization. (4) Licensee shall not do or permit to be done any blasting above, underneath, or near facilities on the Premises without first having received prior written permission from Licensor. Any blasting shall be done in the presence of a representative of Licensor and in accordance with directions such representative may give for the protection or safety of facilities in the area. (5) Any damage to the Premises, or to Licensor's facilities located on the Premises, as a result of the construction, operation, maintenance, repair, inspection, removal, replacement, or relocation of the licensed facility shall be paid for or repaired at the expense of Licensee. (6) Licensee agrees and understands that if Licensor has constructed natural gas gathering, storage, transmission, distribution, or related facilities on the Premises, Licensee has been fully advised by Licensor that such natural gas facilities may now transport and may continue to transport natural gas at significant pressures. Licensee shall advise all of its employees, agents, contractors, and other persons who enter upon the Premises, pursuant to the provisions of this license, of the existence and nature of such natural gas facilities and the danger and risk involved, (7) Licensee agrees and understands that the natural gas facilities of Licensor, if located on the Premises, may be subject to cathodic protection by rectifier and related anode beds, and that Licensor shall not be liable for stray current or interfering signals induced in the licensed facility as a result of the operating of Licensor's cathodic protection system. (8) Licensee agrees and understands that if Licensor has constructed electric transmission, distribution, or related facilities on the Premises, Licensee has been fully advised by Licensor that such electric facilities may now transmit and may continue to transmit electric current at significant voltages, and that the conductors on electric lines may not be insulated. Licensee shall advise all of its employees, agents, contractors,and other persons who enter upon the Premises, pursuant to the provisions of this license, of the existence and nature of such electric facilities and the potential danger and risk involved. (9) (a) (i) As used in this license, the term "Claims" means (1) losses, liabilities, and expenses of any sort, including attorneys' fees; (2) fines and penalties; (3) environmental costs, including, but not limited to, investigation, removal, remedial, and restoration costs, and consultant and other fees and expenses;and(4)any and all other costs or expenses. (ii) As used in this license, the term "Injury" means (1) death, personal injury, or property damage; (2) loss of profits or other economic injury; (3) disease or actual or threatened health effect; and(4)any consequential or other damages. (b) To the extent permitted by law, Licensee covenants and agrees to at all times protect, indemnify, hold harmless, and defend Licensor, its directors, officers, agents, employees, successors, assigns, parents, subsidiaries,and affiliates from and against any and all Claims arising from, alleged to arise from, or related to any Injury allegedly or actually occurring, imposed as a result of, arising from, or related to (1) this license; (2) the construction, existence, maintenance, operation, repair, inspection, removal, replacement, or relocation of the electric transmission or distribution; natural gas gathering, storage, transmission, or distribution; or any other utility facilities located on the Premises; or (3) Licensee's or any other person's presence at the Premises as a result of or related to this license. (c) Licensee's duty to protect, indemnify, hold harmless, and defend hereunder shall apply to any and all Claims and Injury,including, but not limited to: (i) Claims asserted by any person or entity, including, but not limited to, employees of Licensee or its contractors,subcontractors,or their employees; (ii) Claims arising from,or alleged to be arising in any way from,the existence at or near the Premises of (1) electric power generation, transmission, distribution, or related 2 of 4 facilities; (2) electricity or electromagnetic fields; (3) natural gas gathering, storage, transmission,distribution,or related facilities;or (iii) Claims arising from, or alleged to be arising in any way from, the acts or omissions of Licensee,its sublessees,invitees, agents,or employees. (d) By agreeing to indemnification hereunder, Licensee does not waive any provisions of the Colorado Governmental Immunity Act. (10) A copy of this license shall be on the Premises and available during construction of the licensed facility. (11) This license is not transferable or assignable without the express written permission of Licensor. (12) Upon abandonment of the use of the Premises by Licensee or removal of the licensed facilities,this license shall terminate. (13) This license shall inure to the benefit of and be binding upon the successors and permitted assigns of the parties hereto. (14) This license may be executed in two original counterparts, each of which shall be deemed an original of this instrument. (15) Additional Provisions: 1. Licensee must not change existing grade along the centerline of the transmission line within a few inches. 2. Licensee must not change existing grade that divert flow of transmission line structures. 3. Licensee shall be required to submit drawings at the following scale: V: 1"=20'/H: 1"=200'along the transmission centerline for an overlay. 4. Licensee must notify Transmission Engineering within 48 hours or more of any work to be done within right-of-way. 3 of 4 101 101) IN WITNESS WHEREOF,this instrument has been executed the day and year first above written. PUBLIC ER CE C. MPPNY F COLORADO r �. By: '�.(�t-'g4.26j" i Pet r est Managing Director Local Affairs, Xcel Energy Services, Inc. Agent for Public Service Company of Colorado Agreed to and accepted by Licensee this 2..4 day of ('C.e---',-. bc-r 2008. UNITED POWER By: .:- .(----- (::=7 (: TJ �)`- --7./2J/C f._ .._> Title: -e',ie�r. A.;Ilc,-r-'r/d fSkcta 1, f 500 Cooperative Way P.O. Box 929 Brighton, CO 80603 1-800-468-8809 4 of 4 101 XCEL ENERGY/PUBLIC SERVICE COMPANY OF COLORADO HIGH VOLTAGE ELECTRIC TRANSMISSION LINE CLEARANCE REQUIREMENTS FOR YOUR SAFETY When working near or under a high voltage electric transmission line, it must be assumed the transmission line is energized, and any workers may not be closer than twenty feet (20') in any direction to the energized transmission lines or conductors. The Xcel Energy/Public Service Company of Colorado Electric Transmission Line Operations Department must be contacted at 303-273-4662 or 303-273-4665 a minimum of 48 hours in advance to arrange for a Patrolman to be on site during any construction work within an electric transmission line right-of-way. Safety provisions will allow for operations in accordance with Occupational Safety and Health Act requirements. When determined to be necessary, the Electric Transmission Line Patrolman will arrange for an outage of the electric lines. Any outage is a day-to-day situation, with the Patrolman on the job site at all times. When the Patrolman has arranged for an outage, any workers must be no closer than three feet (3') in any direction from the de- energized lines or conductors.- There is a fee charged when an electrical clearance is required or the patrolman is on site for more than four hours. Under NO circumstances may work be started within twenty feet (20').in any direction of the transmission lines or conductors without clearance from the Patrolman. It is the responsibility of the party in charge of the work or contractor to notify the Patrolman whenever starting and ending the work. When an encroachment of any electric transmission line right-of-way is proposed, it is necessary to request a review of all details to ensure compliance with the National Electric Safety Code. Approved encroachments shall be documented with a fully executed License Agreement. For encroachment review and approval, please call (303) 571-7799. • PLAN AHEAD AND FOLLOW THESE INSTRUCTIONS -IT COULD SAVE•A LIFE IIIIID I { _- t' W_ . , ,. ..�.._. :._ -Iii - b :1 .� s' { • ••t' . t Er•Pe-. j.,-.,,,....,,c......,, Via: ... .. r :. _t ' ,i:x:: _L:,. tr._<,:v;r"�:i �:LLi r ,• a:F. :i; 1 PSCo If 2::_1 t i r -° S l .-I' kl' ! i • TLVR 25 rE t I :..'";...!•••,;F• t I K �� r E _ ; I ',:•.: is 45. 'K: C = i tr• I '. I • �,: ''•7:�' {.,: X11 ,f.l_t I II . d{ f•• lrl f : . •'� , �• �t:c-i�' •'t 1, r.f t. �4,.. ...'' :;';;?•.,':i-, y;,! s:•E t l.s•`, }... .`�•.•......................................................"- �� r ,.I' F 14'EASEMANT 4 iit.; ,Ju'. -.' = I` Y f y • t I' . • :UNTTL'D POWER ; :.rt:l sE* :-y.;` :;,,i.i�;r,YII. r { t s.•_.�..I 4 '.. 1V EAS CENTRAL .1 •-#.:' 7, � t bh................ i• - 11 • =•I.'r j1 . am•.,r' WELD COUNTY - # '•1 1;"� WATER DISTRICT: 150' 2S'P5C+7 a 4'i a it' :d ! 'r: 'PT5CoRO1'i� GAS&St('(NT r, U +v R 9411,,,,iii''' ' I '7111 ,Ii. G 1 F Y71 t •p.•.•'vo-Jr".ri•* A . .: of y .�',- • 0.0. siF. ra.t 5 ' � `S.` {• I I It I P, ,..-.. it At$1 € ••.• ....fit .:__ .:I. . F •.... I''77 j i.1 ;1'.; I-'4ke'',. • . ',..:!::'.,.i.,:.. I. , ::.,;;P:.••• • A .. ...i .i -`, . '0.• - i ;:,' ':.-Wiii0,f.V.Vigp:A. .4!ipollfp,i,::•;:l .. -..-.�`. _ _.. ._ .... WELD CO,�jNTY RD."l.6 _ _ J t lv'1 -p 2G -`XISTING 8"WATER UN � '4'73 , ', •,i I,- . .-,� LEGEND UNITED POWER GEOREFERENCED: NAD83 VIM ZONE 13, FEET CENTRAL WELD COUNTY WATER IUACERY: 2006 DENVER REGIONAL AERIAL PH0LIGRAPHY PROJECT et; LICENSEE GERALD HAMLIN INVESTIGATION UNITED POWER NO.: ;: Xcel Energy- o CO CENTRAL WELD COUNTY WATER DISTRICT 2008-088 /VIII(lffflCl f�1I4MI 0 W2SE1/4 OF SECTION 34 TOWNSHIP; 3H0RTH (RANGE: 67 WEST SCALE: l'=150' ._LINE: Fr.ST.VRAIN- 6TH PRINCIPAL MERIDIAN WELD COUNTY, COLORADO DRAWN BY: C4H VALMONT 230kV rs PLAT NO.: 2206-2A DOCUMENT NO.: 2212 AGENT:K BAUER DATE:IZ 01.09 11. 4111 Licensee: Central Weld County Water District File With Document#: 2212 Investigation#:2008.088 Agent: Bauer Line No. Ft.St.Vrain—Valmont 206 Engineer: Martinez/Fearing Plat No. 2206-2.4 Section 34 Twp 3N Rge 67W County:Weld LICENSE AGREEMENT This LICENSE AGREEMENT ("License") is made this 1st day of December 2008 by and between PUBLIC SERVICE COMPANY OF COLORADO, a Colorado Corporation hereinafter called"Licensor,"and CENTRAL WELD COUNTY WATER DISTRICT hereinafter called"Licensee." RECITALS A The Licensor is the fee owner of certain real property ('the Property"), and desires to protect and preserve the utility facilities located thereon and the future use of said real property which is more particularly described as follows: A parcel of land located in the West 150 feet of the W1/2 of the SE1/4 of Section 34, Township 3 North, Range 67 West of the 6'h Principal Meridian, County of Weld, State of Colorado, and as described in the attached Exhibit"A". B. Licensee desires to install a 2" water line ("licensed facility") in, under, or along portions of the Premises as more particularly shown on Exhibit A, attached hereto and made a part hereof, and desires to obtain Licensor's permission therefore. AGREEMENT NOW, THEREFORE, in consideration of the foregoing, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Licensor hereby grants to Licensee, with respect to such interest as Licensor may have in the Premises, the authorization to construct, operate, maintain, repair, inspect, remove, and replace the licensed facility in, on, under, or along the Premises, subject to the following: (1) Licensor is the owner of a limited interest in the Premises. Licensee shall bear the sole obligation of obtaining from the fee title owner of the Premises or others owning proprietary interest in the Premises. such authority or rights as Licensee may need in addition to this license for Licensee's use of the Premises. Licensee agrees that any authorization granted herein is subject to Licensee obtaining such additional authorization. (2) Licensor intends to use the Premises for the construction, operation, maintenance, repair, replacement, and relocation of its utility facilities, and the rights herein granted to Licensee for the use of the Premises are subject to the rights of Licensor to use the Premises for such purposes, which rights Licensor hereby expressly reserves. (3) Licensee shall contact the Utility Notification Center of Colorado (1-800.922-1987) for location of any underground utilities, at least two working days prior to the commencement of construction on the Premises. Further, if Licensor has constructed electric transmission facilities on the Premises, Licensee shall contact Licensor's Electric Transmission Lines department at (303) 273-4669 at least four working days prior to the commencement of construction on the Premises. At the discretion of Licensor's Electric Transmission Lines department, construction activities on the Premises shall be performed only when 1 of 4 M Licensor's representative is present. The instructions of such representative relating to the protection of Licensor's facilities will be followed by Licensee,and will be considered conditions of this authorization. (4) Licensee shall not do or permit to be done any blasting above, underneath, or near facilities on the Premises without first having received prior written permission from Licensor. Any blasting shall be done in the presence of a representative of Licensor and in accordance with directions such representative may give for the protection or safety of facilities in the area. (5) Any damage to the Premises, or to Licensor's facilities located on the Premises, as a result of the construction, operation, maintenance, repair, inspection, removal, replacement, or relocation of the licensed facility shall be paid for or repaired at the expense of Licensee. (6) Licensee agrees and understands that if Licensor has constructed natural gas gathering, storage, transmission, distribution, or related facilities on the Premises, Licensee has been fully advised by Licensor that such natural gas facilities may now transport and may continue to transport natural gas at significant pressures. Licensee shall advise all of its employees,agents,contractors, and other persons who enter upon the Premises, pursuant to the provisions of this license, of the existence and nature of such natural gas facilities and the danger and risk involved. (7) Licensee agrees and understands that the natural gas facilities of Licensor, if located on the Premises, may be subject to cathodic protection by rectifier and related anode beds, and that Licensor shall not be liable for stray current or interfering signals induced in the licensed facility as a result of the operating of Licensor's cathodic protection system. (8) Licensee agrees and understands that if Licensor has constructed electric transmission, distnbution, or related facilities on the Premises, Licensee has been fully advised by Licensor that such electric facilities may now transmit and may continue to transmit electric current at significant voltages, and that the conductors on electric lines may not be insulated. Licensee shall advise all of its employees, agents, contractors, and other persons who enter upon the Premises, pursuant to the provisions of this license, of the existence and nature of such electric facilities and the potential danger and risk involved. (9) (a) (i) As used in this license, the term "Claims" means (1) losses, liabilities, and expenses of any sort, including attorneys' fees; (2) fines and penalties; (3) environmental costs, including, but not limited to, investigation, removal, remedial, and restoration costs, and consultant and other fees and expenses; and(4)any and all other costs or expenses. (ii) As used in this license, the term "Injury" means (1) death, personal injury, or property damage; (2) loss of profits or other economic injury; (3) disease or actual or threatened health effect; and (4)any consequential or other damages. (b) To the extent permitted by law, Licensee covenants and agrees to at all times protect, indemnify, hold harmless, and defend Licensor, its directors, officers, agents, employees, successors, assigns, parents, subsidiaries, and affiliates from and against any and all Claims arising from, alleged to arise from, or related to any Injury allegedly or actually occurring, imposed as a result of, arising from, or related to (1) this license: (2) the construction, existence, maintenance, operation, repair, inspection, removal, replacement, or relocation of the electric transmission or distribution; natural gas gathering, storage, transmission, or distribution; or any other utility facilities located on the Premises: or (3) Licensee's or any other person's presence at the Premises as a result of or related to this license. (c) Licensee's duty to protect, indemnify, hold harmless, and defend hereunder shall apply to any and all Claims and Injury, including, but not limited to: (i) Claims asserted by any person or entity, including, but not limited to, employees of Licensee or its contractors,subcontractors,or their employees; (ii) Claims arising from,or alleged to be arising in any way from, the existence at or near the Premises of (1) electric power generation, transmission, distribution, or related 2 of 4 • facilities: (2) electricity or electromagnetic fields; (3) natural gas gathering, storage, transmission,distribution, or related facilities; or (iii) Claims arising from, or alleged to be arising in any way from, the acts or omissions of Licensee, its sublessees, invitees,agents,or employees. (d) By agreeing to indemnification hereunder, Licensee does not waive any provisions of the Colorado Governmental Immunity Act. (10) A copy of this license shall be on the Premises and available during construction of the licensed facility. (11) This license is not transferable or assignable without the express written permission of Licensor. (12) Upon abandonment of the use of the Premises by Licensee or removal of the licensed facilities, this license shall terminate. (13) This license shall inure to the benefit of and be binding upon the successors and permitted assigns of the parties hereto. (14) This license may he executed in two original counterparts, each of which shall be deemed an original of this instrument. (15) Additional Provisions: 1. Xcel will require a standby inspector during excavation. 2. Confirmation of clearances are required(maintain 24 in clearance). 3. Water and power lines to go beneath the 24 in line if at all possible_ 4. Customer to understand that Xcel would need access to the 24 in for emergency purposes at all times. 3 of 4 IN WITNESS WHEREOF,this instrument has been executed the day and year first above written. PUBLIC"SERVIC COMPANY OF COLORADO A By: _— Peter est Managing Director Local Affairs, Xcel Energy Services, Inc. Agent for Public Service Company of Colorado Agreed to and accepted by Licensee this day of Pez fvit.- 2008. CENTRAL WELD COUNTY WATER DISTRICT By. Title: 4;,nit.2` X6O1 ,4% 2235 2nd Avenue Greeley, Co 80631 970-352-1284 4 of 4 • XCEL ENERGY/PUBLIC SERVICE COMPANY OF COLORADO HIGH VOLTAGE ELECTRIC TRANSMISSION LINE CLEARANCE REQUIREMENTS FOR YOUR SAFETY When working near or under a high voltage electric transmission line, it must be assumed the transmission line is energized, and any workers may not be closer than twenty feet (20') in any direction to the energized transmission lines or conductors. The Xcel Energy/Public Service Company of Colorado Electric Transmission Line Operations Department must be contacted at 303-273-4662 or 303-273-4665 a minimum of 48 hours in advance to arrange for a Patrolman to be on site during any construction work within an electric transmission line right-of-way. Safety provisions will allow for operations in accordance with Occupational Safety and Health Act requirements. When determined to be necessary, the Electric Transmission Line Patrolman will arrange for an outage of the electric lines. Any outage is a day-to-day situation, with the Patrolman on the job site at all times. When the Patrolman has arranged for an outage, any workers must be no closer than three feet (3') in any direction from the de- energized lines or conductors. There is a fee charged when an electrical clearance is required or the patrolman is on site for more than four hours. Under NO circumstances may work be started within twenty feet (20') in any direction of the transmission lines or conductors without clearance from the Patrolman. It is the responsibility of the party in charge of the work or contractor to notify the Patrolman whenever starting and ending the work. When an encroachment of any electric transmission line right-of-way is proposed, it is necessary to request a review of all details to ensure compliance with the National Electric Safety Code. Approved encroachments shall be documented with a fully executed License Agreement. For encroachment review and approval, please call (303) 571-7799. PLAN AHEAD AND FOLLOW THESE INSTRUCTIONS - IT COULD SAVE A LIFE Ill' * fi EXHIBIT' A , i r f I •' tt y, Jr Y try A 1 '•y• 3` f • it t {{{ !.::'£. ''4,,,'' N: '4 ;• :�• ',..6• y •,t ') ` :ti` T: "' ✓{t< �rf 5 5 F `S,<d E e ,i t I :;Y `-i ",i,,-;%,.",' µ < •rG sr z•t '.f J ¢ i � E.•lrf ` •, ,��qiiir r _ ' �rr CO a.! 11 `t':,• i:ri.•. 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X1.7 i -. t.iF - s'iy ?rf i. t .f�4'., 4 `` Z ittr",`t� • 3, t>i aF e � + #' f, <..F i i t l IRg 7 .U1�}ft' POY��R !c' t •" _< k. i i r �„{ P� r�+t'' t�1• t r ". • ' , 1 .k.'1'.:.:i;'.:;.'; ,5 ,CENT�$AALr � ' r z , . i WE WJN1Y '41 r. � 4, � ft ' ;', • y i ,l Y riiS�M�.{ ra"'lv• F —^u}., k -....'4 ';;4• se„3- 'f \/ }7 vg" c i f :P �c t o �: t t., s ! .i;01?t.'+?R•,' ..� t s k'• ( x c4'S Fa 4 f d �? t i' ,o, 1 vie * t a • r ill! 1?Sr ',Y r.r.� �� • ` ° • .1 • .'.'..( I l'Ak•:::.'0. „,''''':,.'i',;,::!: •••ri.';'.•.;.f!!''''44-' I .;."''' , ; ' ' , i It, t., 4" _,,.. ,0,114:44 ��rr • 1y "1tF���� j ff G �F _ +f,�•to :'s:• SI • ` l 1x i O } j€y Li I .. r s a }p j3 AA • Y4` �� '4: ! t' ;s• , --_ -- — �Y _ WELD C¢�(MTY RD.26 aJ � i'Y4 t., r 1 2I ; . : ... •. . -;.'":.•!:,...:';,:•,; 1 ii ' • ;,.f) ? ;1.i•..'`.•. .°.'1 i�"rty 1 st LEGEND UNITED POWER GEOREFERENCED: NA083 (JIM ZONE 13, FEET ,.....“ -%---;;--..,CENTRAL WELD COUNTY WATER IMAGERY: 2006 DENVER REGIONAL AERIAL PHOLTGRAPHY PROJECT LICENSEE: GERALD HAMLIN INVESTIGATION i" NO.: UNITED POWER e) xceiEnergy CENTRAL WELD COUNTY WATER DISTRICT 2008.088 'LI„r...•,r,COMf.N( to U W2SE1/4 OF SECTION 34 TOWNSHIP: 3 NORTH RANGE: 67 WEST SCALE: i'=1so' LINE: Ff.ST,VRAdN• 6Th PRINCIPAL MERIDIAN __ WELD COUNTY, COLORADO DRAWN...0.Y.;...cnH VALMONT 230kV PLAT Na,: 2206•x.4 DOCUMENT NO.: 2212 AGENT:K.BAUEa DATE: 12 oi`o$ JERRY & KATHY HAMLIN 5198 Weld County Road 28 970-302-3178-Jerry Longmont,CO 80504 970-302-3002-Kathy kathy.hamlin@comcast.net (970)535-0634-Fax Weld Cou SOUTHWenning Depa ST Bill mn S enf NO MAR 12008 R March 10, 2008 RECEIVED Weld County School District RE-1 Attn: Dr Jo Barbie P.O. Box 157 Gilcrest, CO 80623 RE: Recorded Exemption Application Dear Dr. Barbie, As we discussed on the phone today,enclosed is our check for the In Lieu Payment in order to satisfy your requirement for the approval of our recorded exemption application. Please send a receipt to us and notification to the Weld County Planning Department indicating that we have met the met the obligation. Sincerely, Kathy Hamlin Cc: Jacqueline Hatch, Weld County Planning Weld Coun tanning Department Weld County School District RE-1 SOUTHWEST BUILDING Gilcrest• LaSalle • Platteville MAR 19 2008 P.O.Box 15 IED 14827 W.C.R.4: RECEIVED Gilcrest,CO 80 8062: Dr. Jo Barbie, Superintendent Phone 970-737-2403 Jeff Cogburn,Director of Auxiliary Services and Personnel Fax 970-737-2516 Ann Sims, Director of Learning Services Metro 303-629-9337 Keith Ouweneel,Director of Technology March 16, 2008 Weld County Planning Department Attention: Jacqueline Hatch 4209 WCR 24.5 Longmont, Colorado 80504 RE: Case Number RE-4768 Dear Ms. Hatch: Weld County School District RE-1 has received the full payment in lieu from Gerald and Kathryn Hamlin for RE-4768. Please feel free to call me if you have any questions, 970-737-2403. Sincerely, Dr. Jo Barbie Superintendent of Schools pc: Gerald and Kathryn Hamlin BOARD OF EDUCATION Christy Barlean Larry A.Ewing Terry Joseph Cynthia Hochmiller Robin Lind Nancy Sarchet President Vice President Secretary Treasurer Director Director Our Total Commitment is to Provide an Exemplary Education and Safe Environment for all Students Idcnuly Results Page 1 of 2 • WELD COUNTY ASSESSOR PROPERTY PROFILE Account#: R0512301 Parcel#: 120934000043 4]. u,^e.], .«4k.t. ....uwc.:.i!u:MR'4M,V4,VFs'at%Nulili Tax Area: 2192 Bordering County: Acres: 63.28 Township Range Section Quart. Sec. Subdivison Name Block# Lot# 03 67 - 34 - 0 - Owners Name & Address: Property Address: HAMLIN GERALD D & Street: 9447 26 CR 5198 CR 28 City: WELD LONGMONT, CO 80504 Additional Owners: HAMLIN KATHRYN Business/Complex: Sales Summary Sale Date Sale Price Deed Type Reception # 6/19/2007 $365,000 WD 3484971 Legal Description li PT W25E4 34-3-67 LOT B REC EXEMPT RE-702 SITUS: 9447 26 CR WELD 0 Land Valuation Summary Land Type Abst Code Unit of Number of Assessed Actual Value Measure Units Value Agricultural 4117 Acres 40 Agricultural 4117 Acres 5 Agricultural 4127 Acres 18.28 Land Subtotal: 63.28 $16,086 $4,670 Buildings Valuation Summary Assessed Bldg# Property Type Actual Value Value 1 Out Building Improvements Subtotal: $30,767 $8,920 Total Property Value $46,853 $13,590 Building Details Account#: R0512301 Parcel#: 120934000043 Owners Name &Address: Property Address: HAMLIN GERALD D & Street: 9447 26 CR 5198 CR 28 City: WELD LONGMONT, CO 80504 Building# Property Type 1 Out Building bttp:!/maps2.merrick.com/Website/Weld/setSgl.asp?cmd=QUERY&DET=PP&pin=1209... 10/26/2007 Identify Results Page 2 of2 Individual Built As Detail Built As: Shed - Utility Year Built: 2000 Exterior: HVAC: None Interior Finish: Built As SQ Ft: 4000 # of Baths: 0 Roof Type: # of Bdrms: 0 Roof Cover: # of Stories: 1 Rooms: 0 Units: 0 Garage: Attached SQ Ft: Detached SQ Ft: Basement: Total SQ Ft Finished SQ Ft: Imp:/ maps2.merriciccom/Website/Weld/setSgl.asp?emd==QUERY&DET=PP&pin=1209... 10/26/2007 ., REFERRAL LIST Name: Gerald & KathSamlin • Case#: RE-4768 County Towns & Cities Fire Districts _Attorney _Ault Ault F-1 _ 0 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 0 Public Works _Erie _Fort Lupton F-5 _Housing Authority _Evans _Frederick _Airport Authority 0 Firestone _Galeton F-6 0 Building Inspection _Fort Lupton _Hudson F-7 0 Code Compliance_Ann_0_Beth _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 0 Platteville F-13 _Geological Survey _Keenesburg _Platte Valley F-14 _Department of Health _Kersey _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 0 Mead _Wiggins F-18 _Milliken _Windsor/Severance F-17 Division of Wildlife _New Raymer _South Hwy 66 (Loveland) _Northglenn North Hwy 66 (Greeley) _Nunn _Division of Minerals/Geology _Pierce 0 Platteville Commissioner Soil Conservation Districts _Severance Big Thompson/ FTC _Thornton Boulder Valley/Longmont _Windsor _Brighton/SE Weld _Centennial Counties _Greeley/West Greeley _Adams 0 Platte Valley _Boulder _West Adams _Broomfield _Little Thompson _Larimer Federal Government Agencies Other _US Army Corps of Engrs 0 School District RE-1 _USDA-APHIS Vet Service 0 Central Weld Water Dist Federal Aviation Admin (Structures 0 Public Service over 200 ft or w/in 20000 ft of Pub 0 Lupton Meadow Ditch Airport Company Federal Communications Comm _Art Elmquist (MUD Area) REFERRAL LIST Name: (,--GA -f- C-r\-rwy� tr L'A' •ase#: (2 vc - 17 C County Towns Towns &Cities Fire Districts Attorney Ault _Ault F-1 '.�' Health Department " _Berthoud Berthoud F-2 _Extension Office Brighton Briggsdale F-24 _Emergency Mgt Office- Ed Herring _Dacono Brighton F-3 Sheriffs Office 4 _Eaton _Eaton F-4 'ublic Works Erie _Fort Lupton F-5 _ _Housing Authority Evans 4 Galeton F-6 _ _Airport Authority NFirestone _Hudson F-7 VBuilding Inspection e _Fort Lupton _Johnstown F-8 ctode Compliance -- _ -Ann Frederick _LaSalle F-9 _Kim Ogle (Landscape • Jans) _Garden City Mountain View F-10 _Lin (Addressing Change of Zone) _Gilcrest _Milliken F-11 Ambulance Services _Greeley _Nunn F-12 _Grover Pawnee F-2 3,i te, . i �11State _Hudson krPlattevill - ' Div._ of Water Resources _Johnstown '$Platte Valley F-14 _Geological Survey _Keenesburg _Poudre Valley F-15 _Department of Health Kersey Raymer F-2 _Department of Transportation _LaSalle Southeast Weld F-16 Historical Society _Lochbuie _Union Colony F-20 _Water Conservation Board Longmont Wiggins F-18 Oil& Gas Conservation Commission Mead _Windsor/Severance F-17 Milliken / R S 7c e 3 Division of Wildlife New Raymer Legal L. ti, Pr rJ zu Y _South Hwy 66(Loveland) _Northglenn Parcel ID# (Z,„)ci 3 -/ c o u:-!3 _North Hwy 66 (Greeley) -_Nunn Zone 4 Acres? 6 3.3 _Division of Minerals/Geology _Pierce USDA i(Lb, lr-ry N., (it,re Platteville Airport N„ Soil Conservation Districts Severance Geo Haz bi _Big Thompson/FTC _Thornton FP? AL, Panel# _Boulder Valley/Longmont Windsor IGA? f--/L) ORD# _Brighton/SE Weld MUD? AA-) _Centennial Counties Greeley/West Greeley 1 _Adams C Platte Valley _Boulder _I 2`' West Adams _Broomfield ' _Little Thompson _Larimer Federal Government Agencies Other _US Army Corps of Engrs School District RE- ( 4 zl _USDA-APHIS Vet Service Central Cob. Water Conservancy Dist f Federal Aviation Admin (Structures _RR LA-11\)"I p�� over 200 ft or w/in 20000 ft of Pub ,,,,L Ditch Company, W fi n! KA-O0J I t Airport _Art Elmquist(MUD Area) .ct _Federal Communications Comm £ C6mn t Li/(71-0 ;.,;.mac vL—pc r'A,La>r G -I a 7 �`- YU/�Gw f�M1J�cA CCU �••.�n4,,, � Commissioner 0 OZ'\\. bed WA VA-CTA CU11LecAi(tt- • Weld County Referral February 11 , 2008 COLORADO PLEASE NOTE CHANGE TO THE LEGAL DESCRIPTION -AND RE-SUBMIT REFERRAL The Weld County Department of Planning Services has received the following item for review: Applicant Gerald & Kathryn Hamlin Case Number RE-4768 Please Reply By March 4, 2008 Planner Jacqueline Hatch Project Recorded Exemption Legal Lot B of RE-702, being part of the W2 SE4 of Section 34, T3N, R67W of the 6th P.M., Weld County, Colorado. Location Approximately 1/8 mile north of CR 26 and approximately 1/2 mile east of CR 19. For a more precise location, see legal. Parcel Number 1209 34 000043 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 'D We have reviewed the request and find no conflicts with our interests. ❑ See attached letter. letter. Commcnts: �'�'�r", ' -(7 b -xen•q'1\C0` OO{'(' our l t(`p 'At\ci o(ND tk1tre rD�cL Signature CT-t"c foci Agency tti-1 ' _� t Date :•Weld County Planning Dept. +4209_ CR 24.5,Longmont,CO 80504 ❖(720)652-4210 ext.8730 ❖(720)652-4211 fax Feb . 11 . 2008 1 : 21PM • No .8868 P . 1 •s„ i, Weld County Referral February 5, 2008 COLORADO The Weld County Department of Planning Services has received the following item for review. App/cant Gerald & Kathryn Hamlin Case Number RE-4768 Please Reply By March 4,2008 Planner Jacqueline Hatch Project Recorded Exemption Legal Lot B of RE-702, being part of the W2 SE4 of Section 17,TIN, R67W of the 6th P.M_,Weld County, Colorado. Location Approximately 1/8 mile north of CR 26 and approximately%a mile east of CR 19.. For a more precise location,see legal. Parcel Number 1209 34 000043 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. Comments' Signature gr2e /2�( o g P/41-4444/6,/R.� e Agency .v,�ls/G lead*. f 2 O• Date *Wald County Planning Capt. 04200 CR 24.5, Longmont CO 80504 4(720)652.4210 44.8730 0(720)6524211 fax Weld County Planning Department / • ?i�/ • SOUTHWEST BUILDING FEB 142008 Weld Cou5FiRgaral I February 5, 2008 C. COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Gerald & Kathryn Hamlin Case Number RE-4768 Please Reply By March 4, 2008 Planner Jacqueline Hatch Project Recorded Exemption Legal Lot B of RE-702, being part of the W2 SE4 of Section 17, T1 N, R67W of the 6th P.M., Weld County, Colorado. Location Approximately 1/8 mile north of CR 26 and approximately 1/2 mile east of CR 19. For a more precise location, see legal. Parcel Number 1209 34 000043 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 SWe have reviewed the request and find no conflicts with our interests. ❑ See attached letter. Comments: Signature loAute 2tfik o2(///Q1 Agency "C/# )14 -sE/ 6,05egietvoi Z(zei Date +Weld County Planning Dept. ❖4209 CR 24.5, Longmont,CO 80504 :•(720)652-4210 ext.8730 ❖(720)652-4211 fax ETD FEB 082008 . eld County Planning Department a SOUTHWEST BUILDING f I` FEB 14 2008 Weld CouRfICNISFaral ' February 11 , 2008 C. COLORADO PLEASE NOTE CHANGE TO THE LEGAL DESCRIPTION -AND RE-SUBMIT REFERRAL The Weld County Department of Planning Services has received the following item for review: Applicant Gerald & Kathryn Hamlin Case Number RE-4768 Please Reply By March 4, 2008 Planner Jacqueiine Hatch Project Recorded Exemption Legal Lot B of RE-702, being part of the W2 SE4 of Section 34, T3N, R67W of the 6th P.M., Weld County, Colorado. Location Approximately 1/8 mile north of CR 26 and approximately 1/2 mile east of CR 19. For a more precise location, see legal. Parcel Number 1209 34 000043 ...... . ..........r.. .-.�.vv..... o 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 ca We have reviewed the request and find no conflicts with our interests. ❑ Sec attached letter. Comments: Signature y` CJLc'� ' /) 61 Agency L4i- 11 Li /] /(/ Ge,: C(i Date +Weld County Planning Dept. ❖4209 CR 24.5,Longmont,CO 80504 ❖(720)652-4210 ext.8730 •.•(720)652-4211 fax • • fit Weld County Referral I February 5, 2008 C. COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Gerald & Kathryn Hamlin Case Number RE-4768 Please Reply By March 4, 2008 Planner Jacqueline Hatch Project Recorded Exemption Legal Lot B of RE-702, being part of the W2 SE4 of Section 17, Ti N, R67W of the 6th P.M., Weld County, Colorado. Location Approximately 1/8 mile north of CR 26 and approximately 1/2 mile east of CR 19. For a more precise location, see legal. Parcel Number 1209 34 000043 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. U We have reviewed the request and find that it does/does not comply with our Comprehensive Plan a We have reviewed the request and find no conflicts with our interests. U See attached letter. Comments: Signature f ��� �. =/ `--- — Agency � - L, / - 9. Li Date ❖Weld County Planning Dept. :•4209 CR 24.5, Longmont,CO 80504 4(720)652-4210 ext.8730 4(720)652-4211 fax Weld County Planning Department GREELEY OFFICE 4 MAR 24 ?MR Weld Counk8iXtigl Illi February 11 , 2008 C. COLORADO PLEASE NOTE CHANGE TO THE LEGAL DESCRIPTION -AND RE-SUBMIT REFERRAL The Weld County Department of Planning Services has received the following item for review: Applicant Gerald & Kathryn Hamlin Case Number RE-4768 Please Reply By March 4, 2008 Planner Jacqueline Hatch Project Recorded Exemption Legal Lot B of RE-702, being part of the W2 SE4 of Section 34, T3N, R67W of the 6th P.M., Weld County, Colorado. Location Approximately 1/8 mile north of CR 26 and approximately 1/2 mile east of CR 19. For a more precise location, see legal. Parcel Number 1209 34 000043 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. U See attached letter. Comments: Signature Ner;,r�y JR %.4-4 d2//�,1!J Agency , L - \lava& iSer Date +Weld County Planning Dept. +4209 CR 24.5, Longmont,CO 80504 +(720)652-4210 ext.8730 +(720)652-4211 fax ic;;;„, • • Weld County Referral I February 11 , 2008 C. COLORADO PLEASE NOTE CHANGE TO THE LEGAL DESCRIPTION -AND RE-SUBMIT REFERRAL The Weld County Department of Planning Services has received the following item for review: Applicant Gerald & Kathryn Hamlin Case Number RE-4768 Please Reply By March 4, 2008 Planner Jacqueline Hatch Project Recorded Exemption Legal Lot B of RE-702, being part of the W2 SE4 of Section 34, T3N, R67W of the 6th P.M., Weld County, Colorado. Location Approximately 1/8 mile north of CR 26 and approximately 1/2 mile east of CR 19. For a more precise location, see legal. Parcel Number 1209 34 000043 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. U We have reviewed the request and find that it does/does not comply with our Comprehensive Plan We have reviewed the request and find no conflicts with our interests. U See attached letter. Commcnts: Signature 1147Y3 - 3 O$ Agency P.(,V Date • ❖Weld County Planning Dept. ❖4209 CR 24.5,Longmont,CO 80504 ❖(720)652-4210 ext.8730 +(720)652-4211 fax • Weld County Planning Department Q GREELEY OFFICE at- MEMORANDUM MAR n4 7(108 RECEIVED TO: Jacqueline Hatch, Planning Services DATE: March 3, 2008 C FROM: Donald Carroll, Public Works / • COLORADO SUBJECT: RE-4768, Gerald & Kathryn Hamlin The Weld County Public Works Department has reviewed this proposal. Our comments and requirements are as follows: COMMENTS: Weld County Road Classification Plan (FHU): (June 2002) WCR 19 is a collector road and requires an 80- foot right-of-way at full build out. There is presently a 60-foot right-of-way. This road is maintained by Weld County. Pursuant to the definition of SETBACK in the Weld County Zoning Ordinance (23-1-90), the required setback is measured from the future right-of-way line. WCR 26 is a local gravel road and requires a 60-foot right-of-way at full build out. There is presently a 60-foot right-of-way. This road is maintained by Weld County. Pursuant to the definition of SETBACK in the Weld County Zoning Ordinance (23-1-90), the required setback is measured from the future right-of-way line. REQUIREMENTS: 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. The applicant shall indicate specifically on the plat the type of right-of-way/easement and indicate whether it is dedicated, private, or deeded to provide adequate access to the parcel. Section line accesses are considered private lanes with no county maintenance. In accordance with Section 24-7-50 J of the Weld County Code, Chapter 24, Article VII, the flag lot configuration will be avoided where possible. The minimum width of a flag lot is 30 feet. Both Lots A and B shall share a joint access point. FLOOD HAZARD DEVELOPMENT STANDARDS: This area is not in the FEMA Flood Zones. The applicant shall place on the plat drawing: 30-foot access easement across Lot A RE-702 for the benefit of Lots A and B on case RE-4768. pc: RE-4768 M'.\PLANNING—DEVELOPMENT REVIEMRE-Recorded Exemption\RE-4768.doc MAR-03-2008 MON 10: 17 AM •HWEST WELD PLANNING FAX NO, 72452 4211 P. 09 WELD COUNTY ROAD ACCESS INFORMATION SHEET Weld County Department of Public Works 111 H Street, P.O. Box 758, Greeley, Colorado 80632 Phone: (970)366-4000, Ext.3750 Fax: (970)304.6497 Road Flle#: 476'$ Date: 3 - 3 -O -3 RE#: 1174e, //77 � 11 Other Case#: 1. Applicant Name at ala 3 v -1410-9r%+ llmltn Phone(91D)z}O'a-300x, Address 5J1cIR UJC.R "a91- City h-to* State CO Zip_{Q 2. Address or Location of Access ej WW7 (&C-Rp"1to Lupton, CO ' Section 4_Township 3N Range (4,311A) Subdivision _Block Lot Lot t3. 2C-7Da, II Weld County Road#: Side of Road 1?J Distance from nearest intersection m,.y.a.. 3. Is there an existing access to the property? Yes ✓ No #of Accesses 4. Proposed Use: Permanent stg ReSldentlal/Agricultural 0 Industrial O Temporary O Subdivision 0 Commercial 0 Other 5. Site Sketch • L9gend for Access Description: AG = Agricultural L.. RES = Residential O&G = Oil&Gas D.R. = Ditch Road O = House • O = Shed = Proposed Access g = Existing Access J ACw ay NitLori 0 , o!s 4-. . .- lP+ • OFFICE USE ONLY: Road ADT e4senea Date Accidents Date Road ADT Date Accidents Date Drainage Requirement Culvert ` Size Length Special Conditions ❑ Installation Authorized O Information Insufficient Reviewed By: Title: -7- I Page 1 of Jacqueline Hatch From: Lauren Light Sent: Tuesday, February 26, 2008 4:12 PM To: Jacqueline Hatch Subject: Re-4768 my comments wont change will that work for you??? Lauren Light Environmental Planner, Environmental Health Services Weld County Department of Public Health & Environment 1555 N. 17th Ave. Greeley, CO 80631 970-304-6415 Ext. 2211 (office) 970-304-6411 (fax) 02/27/2008 Weld County Pla Department GREELE ICE FEB 19 7008 RECEIVED • TO: Jacqueline Hatch, W.C. Planning lDATE: February 15, 2008 C FROM: Lauren Light, W.C. Department of Public 4 COLORADO Health and Environment CASE NO.: RE-4768 NAME: Gerald and Kathryn Hamlin Environmental Health Services has reviewed this proposal to exempt off 2.5 acres from a 63 acre site. Neither site contains a residence. Proposed lot B does have an existing horse barn, however there is not a septic permit associated with the barn. Central Weld County Water District has indicated that water service can be made available to both parcels. The following conditions are recommended to be part of any approval: • 1. A Weld County Septic Permit is required for each proposed home septic system and shall be installed according to the Weld County Individual Sewage Disposal Regulations. Please note, the lot owners shall verify with the nearest Town/City or Sanitation District to determine the location of the nearest sewer line. In accordance with the Weld County Code, if a sewer line exists within 400 feet of the property and the sewer provider is willing to serve the proposed structure, a septic permit cannot be granted by the Weld • 2. All septic systems must be located on their respective lots and meet all lot line set back requirements. Additionally, please note the following: 1. Topographic or physical features of the proposed lot, such as ravines, ditches, streams, etc. may limit the area available for a new or replacement septic system. Prior to recording the plat the Division recommends that the applicants review the County Code pertaining to Septic Systems to assure that any installed septic system will comply with all setback requirements found in the Code. In the event the proposed lot is not of sufficient size to allow the installation of a septic system the lot may be need to be enlarged. • • , (ita • • Weld County Referral February 5, 2008 C. COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Gerald & Kathryn Hamlin Case Number RE-4768 Please Reply By March 4, 2008 Planner Jacqueline Hatch Project Recorded Exemption Legal Lot B of RE-702, being part of the W2 SE4 of Section 17, Ti N, R67W of the 6th P.M., Weld County, Colorado. Location Approximately 1/8 mile north of CR 26 and approximately 1/2 mile east of CR 19. For a more precise location, see legal. Parcel Number 1209 34 000043 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 itgl We have reviewed the request and find no conflicts with our interests. ❑ See attached letter. ` , Comments: 1 (or tCW IAA cbm1 cAyi K.Q6 l It im tk1'-i t1Q Signature (9111 'J Agency �xyt Date +Weld County Planning Dept. +4209 CR 24.5, Longmont,CO 80504 +(720)652-4210 ext.8730 +(720)652-4211 fax a • DEPARTMENT OF PLANNING SERVICES f. ( BUILDING INSPECTION NORTH OFFICE 918 10th Street GREELEY, COLORADO 80631 C PHONE (970) 353-6100, EXT.3540 FAX (970)304-6498 SOUTHWEST OFFICE COLORADO 4209 CR 24.5 LONGMONT CO 80504 PHONE (720)652-4210 ext. 8730 FAX (720)652-4211 March 3, 2008 Gerald & Kathryn Hamlin Recorded Exemption RE-4768 1. 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 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 or water for watering or washing of livestock or poultry. 2. A plan review is required for each building except for buildings that meet the definition of Ag Exempt buildings. Plans may require the wet stamp of a Colorado registered architect or engineer. 3. Buildings shall conform to the requirements of the codes adopted by Weld County at the time of permit application. Current adopted codes include the 2006 International Residential Code; 2006 International Building Code; 2006 International Mechanical Code; 2006 International Plumbing Code; 2006 International Fuel Gas Code; 2005 National Electrical Code and Chapter 29 of the Weld County Code. 4. Each building will require an engineered foundation based on a site-specific geotechnical report or an open hole inspection performed by a Colorado registered engineer. Engineered foundations shall be designed by a Colorado registered engineer. 5. Fire resistance of walls and openings,construction requirements, maximum building height and allowable areas will be reviewed at the plan review. Setback and offset distances shall be determined by the Zoning Ordinance. 6. Building height shall be measured in accordance with the 2006 International Building Code for the purpose of determining the maximum building size and height for various uses and types of construction and to determine compliance with the Bulk Requirements from Chapter 23 of the Weld County Code. Building height shall be measured in accordance with Chapter 23 of the Weld County Code in order to determine compliance with offset and setback requirements. Offset and setback requirements are measured to the farthest projection from the building. 7. Provide letter of approval from the Platteville Fire Protection District prior to new residential construction. 8. There are no historical building permits on record for this parcel. Sincerely, Roger Vigil Building Official Service,Teamwork,Integrity,Quality 02/12/2000 16:11 9703535 CWCWD . PAGE 02/02 _ b RECD FEB ,I 200{; flit Weld County Referral Wilk February 5, 2008 • COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Gerald &Kathryn Hamlin Case Number RE-4788 Please Reply By March 4, 2008 Planner Jacqueline Hatch Le w` Project Recorded Exemption WY°'u" Legal Lot B of RE-702, being part of the W2 SE4 en 17,T1 N, R67W f the 6th P.M.,Weld County, Colorado. Location Approximately 1/8 mile north of CR 26 and approximately'/:mile east of CR 19. For a more precise location,see legal. Parcel Number 1209 34 000043 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. Comments: ` t 1 n ZO L'a�si vnev.t t..)‘‘‘ be, y ter Yt1 ysw. °JCR 2 t v'torkkk 46 Lek- $ 4 tte-70ZZ 1v. WL.cAN, Sn tKST0.1‘ e\ lJAkt`r 9¢Ytftce, ‘% pm. . Signature J L. t,,ap4\ ex-; Z (It t 70,5 Agency Ce.„AvO,X La a Ccv.... LL\e kei 0%54.4- Date +Weld County Planning Dept. 44209 CR 24.5,Longmont.CO 80504 4(720)6524210 ext.8790 +(720)5524211 fax • • Weld County Planning Department 4 're‘....::::, SOUTHWEST BUILDING FF8 2 0 2008 Weld CountyPAOYA9 illi February 11 , 2008 k COLORADO PLEASE NOTE CHANGE TO THE LEGAL DESCRIPTION -AND RE-SUBMIT REFERRAL The Weld County Department of Planning Services has received the following item for review: Applicant Gerald & Kathryn Hamlin Case Number RE-4768 Please Reply By March 4, 2008 Planner Jacqueline Hatch Project Recorded Exemption Legal Lot B of RE-702, being part of the W2 SE4 of Section 34, T3N, R67W of the 6th P.M., Weld County, Colorado. Location Approximately 1/8 mile north of CR 26 and approximately 1/2 mile east of CR 19. For a more precise location, see legal. Parcel Number 1209 34 000043 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. A. See attached letter. Comments: Signature ael o->.x ti; s/a /Os Agency —e-QC! �� .sV16e c-'ta .% i Date {•Weld County Planning Dept. ❖4209 CR 24.5, Longmont,CO 80504 +(720)652-4210 ext.8730 +(720)652-4211 fax Weld County School District RE-1• Gilcrest •LaSalle •Platteville P.O. Box 157 14827 W.C.R. 42 Gilcrest,CO 80623 Dr.Jo Barbie, Superintendent Phone 970-737-2403 Jeff Cogburn,Director of Auxiliary Services and Personnel Fax 970-737-2516 Ann Sims,Director of Learning Services Metro 303-629-9337 Keith Ouweneel,Director of Technology February 18, 2008 Weld County Planning Department Attention: Jacqueline Hatch 4209 WCR 24.5 Longmont, Colorado 80504 RE: Case Number RE-4768 Dear Ms. Hatch: We have reviewed the application by Gerald and Kathryn Hamlin for RE-4768 and have the following comments: Weld County School District RE-1 has developed methodology for Land Dedication and/or In Lieu Payments. The current In Lieu Payment amount per single family unit is $1,054.20. Based on the information provided, it appears that there are plans to build a new home on parcel A. Therefore, an in lieu payment in the amount $1,054.20 is due to the school district prior to approval of the recorded exemption. Sincerely, Dr. Jo Barbie Superintendent of Schools pc: Gerald and Kathryn Hamlin BOARD OF EDUCATION Christy Barlean Larry A.Ewing Terry Joseph Cynthia Hochmiller Robin Lind Nancy Sarchet President Vice President Secretary Treasurer Director Director Our Total Commitment is to Provide an Exemplary Education and Safe Environment for all Students i , • U _I! \ n ( ir I I .....N....Ni( ir i \\F n ` 7----- _ ii 1\R 2FJ1 ' rn 0 I UU \ . c O IC.4 I ‘ R26 _ \- 7,,e)i it 1I I_ C __ �� .. l mom- ♦ . p- pp 3w' � w 'jX ,tom »x£ d »�!+ "� asp g� r ,�, � � � .} .r r- s 'PI C' p °v. 'Y 4 3P yy ' ..tt'l a ir;: . 'Ili sgg : r . 1 kt it •i v'}.°' ii i u '` , .. ]�s Y. . 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Box 758, Greeley, Colorado 80632 Phone: (970 )356-4000, Ext. 3750 Fax: (970) 304-6497 Road File#: Date: RE#: " Other Case#: /1 1. Applicant Name l'1eYCtld 3 r1u�11 n -i-; rntir, Phone(Q7O),30-D-300a Address SJlciB WCR D.S- City Lonohnoflt State CO Zip 805D'-- 2. Address or Location of Access CV+41 WGR ate" -Fir Wprvah 1 Co Section 34. Township 3N Range (01 W Subdivision Block Lot La- B- Rg1oa Weld County Road #: € t,, Side of Road NI Distance from nearest intersectionrir,�l.t. 3. Is there an existing access to the property? Yes ✓ No #of Accesses 4. Proposed Use: 14 Permanent 1 Residential/Agricultural ❑ Industrial U Temporary U Subdivision ❑ Commercial ❑ Other ................................................********...........................*****....................................... 5. Site Sketch Legend for Access Description: AG = Agricultural L_ RES = Residential O&G = Oil& Gas D.R. = Ditch Road O = House = Shed A = Proposed Access Cr' A = Existing Access OL pG V 044 Rib CaJT OFFICE USE ONLY: access/. Road ADT easemerti5 Date Accidents Date Road ADT Date Accidents Date Drainage Requirement Culvert Size Length Special Conditions ❑ Installation Authorized ❑ Information Insufficient Reviewed By: Title: -7- • • CERTIFICATE OF CONVEYANCES WELD COUNTY STATE OF COLORADO DEPARTMENT OF PLANNING SERVICES COUNTY OF WELD Land Title Order No.: Hamlin-2 The Land Title Guarantee Company (TITLE INSURANCE or ABSTRACT COMPANY) 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, Recorded Exemption No. 1209-34-3-RE702, according to the map recorded September 11, 1984 in Book 1043 at Reception No. 1981309, being a portion of the West %2 of the Southeast 4 of Section 34, Township 3 North, Range 67 West of the 6`h P.M., County of Weld, State of Colorado. CONVEYANCES (if none appear, so state): .N Reception No. 1536990 . Reception No. 1651880, Book 730 Reception No. 1776586, Book 855 v Reception No. 1890890, Book 967 . Reception No. 1973369, Book 1036 Reception No. 1981309, Book 1043 Reception No. 1993172, Book 1053 "4 Reception No. 2035981, Book 1095 Reception No. 2362536, Book 1415 Reception No. 2511920, Book 1568 " Reception No. 2641428 Reception No. 2691273 v Reception No. 2806049 Reception No. 3247835 Reception No. 3484970 Reception No. 3484971 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, nor an opinion of Title, nor a guarantee of Title, and the liability of Land Title Guarantee COMPANY, is hereby limited to the fee paid for this Certificate. It Witness Whereof, Land Title Guarantee COMPANY, has caused this certificate to be signed by its proper officer this 23rd day of January, 2008 at 5:00 o'clock P.M. • • LAND TITLE GUARANTEE COMPANY By: `iL, k UAL-- Heidi Crue Title Examiner • • CERTIFICATE OF CONVEYANCES WELD COUNTY STATE OF COLORADO DEPARTMENT OF PLANNING SERVICES COUNTY OF WELD Land Title Order No.: Hamlin The Land Title Guarantee Company (TITLE INSURANCE or ABSTRACT COMPANY) 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, Recorded Exemption No. 1209-34-3-RE702, according to the map recorded September 11, 1984 in Book 1043 at Reception No. 1981309, being a portion of the West %2 of the Southeast ''A of Section 34, Township 3 North, Range 67 West of the 6th P.M., County of Weld, State of Colorado. CONVEYANCES (if none appear, so state): Reception No. 1536990 Reception No. 1651880, Book 730 Reception No. 1776586, Book 855 Reception No. 1890890, Book 967 Reception No. 1973369, Book 1036 Reception No. 1981309, Book 1043 Reception No. 1993172, Book 1053 Reception No. 2035981, Book 1095 Reception No. 2362536, Book 1415 Reception No. 2511920, Book 1568 Reception No. 2641428 Reception No. 2691273 Reception No. 2806049 Reception No. 3247835 Reception No. 3484970 Reception No. 3484971 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, nor an opinion of Title, nor a guarantee of Title, and the liability of Land Title Guarantee COMPANY, is hereby limited to the fee paid for this Certificate. It Witness Whereof, Land Title Guarantee COMPANY, has caused this certificate to be signed by its proper officer this 29th day of October, 2007 at 5:00 o'clock P.M. LAND TITLE GUARANTEE COMPANY By: \ UA): Heidi Crue Title Examiner 227n" frr�t� �. � 4 p a As E ,Y.:S 4 •Y _ tf Y.'''.4"W L'' " ''' R l 9»kc 7 ".�' y C 444k<i .At Ku-y w+ lr ! er -- r4-' -iti- +�+s ".. Ilr! d0. d , sili 4�daroM�1 i: ' 0!tre®₹tt pat. -......i ' ... Sat part:Ml14Qm79,T]°a theta pat ,« lbmd 66B IOUS red Kars � v rrd//wS d6sam as. ertpratkka/9ilaw*D anrt�y �etfsasAaelta seta e alai Sag e es sad b esaisaL fL ttag tiVA ad b era pea_ems ada; srA,+:�asi� a4!2 edeeaaltlatT a k.ant pt, jp Wssdo a*i .i,6 eLe ad6iredarir!dt eM I d et ettt�.a w m as ilia, €Sc' teatWaarrata4AtrlA� rra�ac"t.1WW9�s�ed Conks taitsei a 6 the stet iatS-(m) sf the Zaa Qaaer ( «s tr / ! t cyla CYO o m Taa lthiP tbaaa (3) . mss'= r I west d the 6th 4.f. 3 ! I C i a OS IS iiipsistat be. T.Erne ad T.•Edd ere eae.Ioetra afire an v a t assait eqa VANS rar�as ar in ee'.da arse..eppeaaihe. act°Stab in,d alt,trine,d sa xH t d t alas patt$s his ta�Ha ' piper et,Wet ad biota d fir SE peaty IN worms wl nZ0►,'TM slid party dt'se Bet pan Lao basal, aed ad u.+v>d psor Mat erew wastes / dead r ere res ed fh u. i OW)(tea) O • (L) 9,7.=Or cauxtm I}_" scow r .start Val eesrr ae ra +� t s Ilia 1 ..i a 20, No nth dq u 111444.6a b Iatht7a kha n. : .o;Aqa '2 Wits 4 Ead mad Mad that ` 1// dte Zaps. I0 1. ftArr 13 144 • My Cant 1 �4 Ab •x, ;•o,.% y�4�' AsteyAKs• 1 - ar itYK' ate t it!:' 1� 1�ti','Y 4. �' i1 r � ��J tnn i •Nxynjy i 'PTh v,.• -.* ' 4.I'at T !Y .'Y V NSM PA 'aril,m.ri•wrie r . .,-,.$.k .t. f - r *Jiro M. ritritt.IC t .a !see.... g 1. •.F1 �a �- i .• }7 , a . ..4 .�..�_._.....,,,...„.1a.,- 1 ..� f s:-I • , a roe`• i t Y .d 1d{� -' .a weed l ,mat ga told Put d the g*o put,d Cr lei t aaddratl*a S I` . ° a base glgt gaigt ___ _ 1,F. mil et ,e' aadlarut�. V a to select Prt7 d Mr k+t MR s Ld ptl h1W y nola7l,teroa4 lid,aaeaapd Iati*Luis.' ad : s: ap eland b brrtbD flit d 'nodes,nsati rd.—d Q�CLADI ..'' QCIIP camp,d d seta Pas as sae btb.lad adae kin N die pips.a Istaa. a o M oil pity d dr soma P itt bis3`'. • fiat put bas la sod so Ms dalli d i n.lie A gar tuW h el WILD d Stare al Cr5ttei,took: rod am ergotbus d�8 q .r !M test Milt (� d the gesiheset Quarter (fib if gaffes �r;: �! Ihirt7-f (34). it Teeee6MP lfrw (3) [tcth. — gisx7•aevaa .. (67) Vest if the 6th P.M. , • ..• • .bb a d*cast the eppostoo raa ad ydw - • To Haws io dq aare Ie� dr o tP 'd•e the st a,toot,tots,l* . *oat d_Sr ,*r d m*dl pity d is Bat pt.dSr M sr r.$W.M We set . proper on,beset at btbd d se ale pet? d tY sad ptehle Lin d aalpa fatttta. IN wrings WlsgZOt,The aid Prrl Mao Bat Pan bee bowato teens bad a ..', d erl ivy d a A you Mi di • coons d me stints.stints. 1 (8a1) (Beds RFS k die Ina,all (Sal) SYA Cal.07tADO,la RLe Ietrpci8 brtnara eta ednoasded beau ea � :`. tbs 19th &s al, $.Ptaaer .A D_If9 `Y ,r bP Ltbaya getter• st(solair *{ wean 4 seeed Qekld gat. 20 1. z �. I . Min PbBM. ` '1:a` • .f. ..,ICC( R.,,,the at �, _.9.. &cock +I/ltL1..IJ7J 730 i, h,�u11;� v 1°na i�'i�l�!$!!- s sue. neco•e, - r, kNlrh ALL :Jl V il' THESE I I Cal•:N'la, lit FRANK SCI PII r'R And hATHRYN hcIl rh);. ., Luc6and ind Wife iiiiise address is Conte I , Iloy I_0, l art Lupton, Weld I. County, Colorado u( ! , for the consideration of other valuable considers- I Him :Ind I A & Vt7/law Uif 1.11.3 (aln.no), ill 'rand paid, hereby sell and coo- -, sc vey to i3O'irjif IAAN /INN and '1.1It.l UT tY /,I�N k, not in tenancy in common but in .2‘.:i joint tenancy with right of survivorship, k' x. '� the following; real property in the County of held and State of Colorado, ti .1 to-wit: "` ,-a The hest Half of the Southeast Quarter (h1/ 'SC1/d) of section Thirty-four e, 3d), Township Three (a North, Ran e Sixty-seven (67) West of the 6th P.M. c ( I ) F' y' o -' in held County, Colorado, together with all motel , water rights, ditches, q ditch rights and rights of way and carrying rights; 55 shares of the cap- ital stock of the Coal I ridge Water Company 1 ) shares of the capital stock a of the Lupton Meadows Hater Company; r(1 .rcrefeet of water from the works rn s ,� of the Northern Colorado Water Conservancy District, and excepting there- -n from an undivided one-fourth (1/I) of all the oil, gas and other minerals .-r and mineral rights (not including sand and gravel) in, under and that may o he produced therefrom, together with the right of ingress and egress for O the purpose of exploring for and removing same; also excluding from said vx lands above described the parcel of land conveyed by warranty deed dated P. May 16, 1968 and recorded at hoot 595, Rec.1516a_2(r,of the Weld County records, r%. ,-r to the Public Service Company of Colorado, described as the hest 150 feet ,Ti tt of the West Half of the Southeast Quarter (WSEl4) of said Section 51, with.all its appurtenances, and warrant the title to the same, subject to inclusion within the boundaries of the Northern Colorado Water Conservancy District; the Central Colorado Water District; the Gilcrest-Platteville Zoning Area; held County Planning Commission conditions and regulations; the Foothills Hater Users Association; the Left Hand Water Supply Company; Boulder Valley Water Users Association; Ground Water Management Subdistrict of Central Colorado Hater Conservancy District; Platteville Fire Protec- tion District; Platte Valley Soil Conservation District; subject to previous reservation of one-half of all oil, gas and other minerals as reserved in deed recorded at Book 1.5115, page `-', Weld County records; subject to oil and gas lease of record; the provision of deed recorded in (look 15-5, page ?_, Weld County records; general tales for the year 1975 payable in 1976, and except casements, restrictions and reservations of record. Signed this 10th day of January , //1975 . L 44 04-14 ( no-ac t Male Documarlory Fee • Prank Schmier III 3 / / nQ Kathryn Schmier Husband and Wife STATE OF COLORADO ) ) ss. COUNTY OF WELD) ) The' rp (l:h Instrument was acknowledged before me this 10th day of -.!---. 2-^. ,,.1975, by Frank Sclunier• and Kathryn Bonier, bus- 0 ban ; rr� gla+J. , O a • >/peow.t-,official seal. l6 O r g'yplres Mar. 21, 1973 r� i /� i otary is • ,r o r ♦ , _ ... 6 0967 REC 01890890 05/06/82 15 54 43.00 1/001 AR1B90990 F 0779 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO ![P,CfiRDETB STAMP II. s- " I Il THISDEED, Made 5th days! May -' 82' !I between Bruce C. Richardson of the County of , Weld andatateaf Colorado.of the first part and Patricia L. Stranahan II yu whose legal address is 1915 Monaco Pkw !� ofthe City and County of Denver and state of Colorado,of the second part, W ITNESSETH.That the said party of the first part,for and in consideration of the sum of one DOLLAIt,E/ j., to the said part y of the first part in hand paid by the said part y of the second part,the receipt whereof is hereby confessed and acknowledged,has remised.released,sold,conveyed and QUIT CLAIMED,and by these Il - presents do es remise,release,sell,convey and QUIT CLAIM unto the said party of the second part, her heirs. ; successors and assigns,forever,all the right,title.interestclaim and demand which the said party of the first part iI ha s in and to the following described lot or parcel of land situate,lying and being in the County of Weld and State of Colorado.to wit: "'3. . The West 1/2 of the SE 1/4 of Section 34, r Township 3 North, Range 67 West of the 6th P.M., !' - except the West 150 feet thereof conveyed by Deed recorded May 16, 1968, ,I in Book 595 as Reception No. 1516525 Weld County Records, and except for an undivided 1/2 interest in and to all of the oil, gas and other minerals and mineral rights as reserved in the deed recorded on Feb. 17, 1959i', in Book 1525 at Page 22, Weld County Records, and except for an undivided 1/41, interest in all oil, gas and other minerals and mineral rights (not II including sand and gravel) as reserved in the deed dated`January 10, 1975, , recorded on January 13, 1975 in Book 730 as Reception No. 1651880, Weld I! County Records: together with all water rights and ditch rights including 10 II shares of stock in the Lupton Meadows Ditch Company. i1 e pyE also known as street and number 9533 Road 26, Ft. Lupton, Colorado 80621 It I li ttE TO HAVE AND TO HOLD the same,together with all and singular the appurtenances and privileges thereunto i F belonging or in anywise thereunto appertaining.and all the estate.right,title,interest and claim whatsoever,of the l tt - said part y of the first part,either in taw or equity.to the only proper enc.benefit and behoof of the said part y of t 4 the second part, herheirs and assigns forever. IN WITNESS WHEREOF.The said party of the first parth hereunto t , s nd 'i and seal the day and year first above written. �/ , . 1 -'V"--" QtlBf�ISEALI 1 I Sealed - tSEALi �� .17-12,-,s..1 _ (SEAL] ISEALI STATE OFCOLORADO. 1aa. County of 1 - The foregoing instrument was acknowledged before me this (Pty day of l Y.. i. I 7951..be ?.."-n• i�-. Air: r>✓ h II ' My commission expires ssart_ f,i .I912-Witness my hand and offs al teal ; rasa m 9st.tf>. - v tTAR. Cl . . $„t-a..�& '1< hi4r 7/tet.th n CD Poax1 . �a ' 1 a Newry Public. n, il G I ?�; u II a s, Ne.533 QVITCZAIM9ggp.a..IN.Ynn.a,.h,.r l t.., a.l nro] wu_n.ewn-aal 7 y; r_.. ^,y It .• _ s .y.. . ' B 1036 PEC 01973369 07/10/84 1. . 3o $3.00 1/001 kt (I A121.1713 w9 Rrwn F 0549 MJ,PY ANN FEEEPSTEIN CLERK d PF.CORDEP WELD CO, CO sense-...._ — R.eardel CT II THIS DEED. Made this 10th day of .July .8,84, between Pa\tricia L. Stranahan • II of the County of Weld and •, state of �; ' Colorado.of the first part,and Charles M. Richardson and lII i I I Gwendolyn M.L. Richardson I l II whose legal address is 9833 Weld County Road 26, Fort Lupton, II I Colorado 80621 '- '1 urine County of Weld and state of iI IlColorado.of the second part. 11 II WITNESSETH.That the said party of the first part,for and in consideration of the sum of I he second II OE DOLLARS. to the said party of the lint part in hand paid by the said part ley of t part.t he receipt whereof is hereby confessed and acknowledged.has remised,released,sold,conveyed and QUIT CLAIMED,and by thew presents do es remise,release,sell.convey and QUITCLAIM unto the said part Jose the second part,their helm. successors and assigns.f ,all the right,title.i ,claim and demand whkh the said party oohs first part ha s in and to the following described lot or parcel of land situate,lying and being in the Casty of Weld and State of Colorado.to wit: The West Half of the Southeast Quarter of Section 34, Township 3 North, Range 67 West of the 6th P.M., except the West 150 feet thereof conveyed by Deed • rewrded May 16, 1968, in Book 595 as Reception No. 1516525, Weld County II Records. II I I II ill II Il ii li I l iLi!. also known asstrett and number 9533 field Canty Road 26, Fort Lupton, Colorado 80621 it II TO HAVE AND TO HOLD the same,together with all and singular the appurtenan<ea and privileges th<rrunta I I !BM • Id title.interest and claim whatsoever.of the ' ..__. oemnginx or Jo c,, .._thcrsun:o apF'r:�:n:-�.=..a.._r,t h, . s _ said part y of the ft Yst part,eit her in law or equity,to the only proper use,benefit and behoof of the said part iesof the second part, theilkira and assigns forever. ;1 IN WITNESS W'l1EREO F',The said pasty of the firs art Aa6 ee et ha I 1' and seal on the day and year first*hove written. ', Signed,Sealed and Delivered in the Presence of I _PEAL, I, ISEALI ii OSEALI ji STAT E OF COLORADO. I. It County of as. {'(f j 1 /. I' The foregoing instrument was acknowledged before me this I/O day of if e- ' • tet%by" Patricia L. Stranahan / II n )p My commission expires �A2 .1E2,Witness my hand and official seal II g rissary ramie II iit __ ,ii ,��t ,`- it N. III WRQultt Dab ksklwer.Saass.Alt ttlh Mt.a sti.COwn4-twitlIt VOW-241 €1 r•I�4,I 37s7_, • • RECORDED EXEMPTION ND. I209-34-3-FE 702 -.as tAiR Ara". Nla.44 0--iM4T4 %. t 2 = CoSSSn.:63.282 ACra Nan or loss. • 2 _ PF f i LOT II B" g z c z. 4Y oL. _ 1 CAi I m z a £... A RR tM/RMR T Q e EI•AI TI.W A64 1 } u m- 1 1 -s a � �A�[•1M WI-nfl, 20 ACCESS fIBIB T 1..- - __ M ramin Wt—MINIM .1111"1.1. a yr• men 2C SCALE: + — sew w tau a I•40d p- fwY Ii.L •w u Y 1 N LOT A: 8.654 Ac. t LOT 8: 63.282 Ac. t TOTAL : 71.936 Ac. t a 14 _____ f4 -- 4.4► `e OWNERS: ra . • CHARLES M. and I GOWENDOLYN M.L. RICHARDSON TIP ""�� 9833 W.C. ROAD 26 Ti. r •• I FORT LUPTON, CO. 80621 T 4 f ! I PREPARED RT. LOCATION MAP ALPHA ENGI NEERIMI) SIT STH STREET N SCALE:I••200d FORT LUPTON,CO. 0421 OATS:ANWT 21.MN LAW I OF 2 I at NO. f4-347-02 SKLD LG SKL10424 WE 1981309-1984 . 001 HCOC • • RECORDED EXEMPTION NO. 209-34-3-RE 702 L4EL Mfllf'1'taa; -;(' .e --eao r.�J'✓r ' the Vest one-half of the Southeast one-quarter of Section 34. EXCEPT the West 150.00 feet of said Section 34. Township 3 Worth, Range 67 West of the 6th P.N., Wald County, coloredo, more particularly described as: roguing at the South It corner of said Section 14: thence MS 36'30'6 on an aseeeed bearing along the South line of said Section 34 a distance of 150.00 feet to the 860E POUR 01 a1SIl0IN0; thence continuing 668 36' 30.! aloes said South lino a distance of 1179.50 feet to the southeast corner of the Vest 4 of sii of said Section 34; thence 500 24'43.5 along the east lime of said IS a distance of 2672.90 feet to the Northeast cor- ner of the 5y of SK of said Motion 34; thence 5S7 55.30'11 along the North lime of said IS a distance of 1160.75 feet to a point 150.00 East of the avatar of said Section 34; thence S00 00'04'! a distance of 2656.21 feet to the TOM POINT OP SOGISININO. Cantatas, 71.936 sores sore or less. Li&L a1d5 1GS A; A pert of the West one-half of the Southeast one-quarter of Section 34, township 3 Meth, Songs 67 West of the 6th P.M., Veld County, Colorado. moss pstionlsly described meg ae1leni i et the Meth g corner of said Section 34; thence Ss 36'30'6 r r assumed bearing alooeg the Moth line of said Section 34 a distance of 1!0.00 feet to the 150E POINT O/ naataall.; thence continuing 866 36' 30'1 along said South line a distance of 1179.50 feet to the Southeast armor of the 10$ of Sig of said Section 34; thence MOO 24'43'1 along the Met Use of aid 10 a distance of 320.00 feet; thence Eos 36'30'W para- llel Y the Myth lame of said Section 34 a distance of 1177.21 feet; Yaase S0S 00'04'1 a distance of 320.00 feet to the TRUE POINT OP aaaIN- a. Oetsime, 5.654 acres more or lees. hg u, ' e 3 k..kp certify that this plat was prepared under J ' . Z� a ' sepreiaion and that the same is correct to the best 1j ..0 of / hsnwiedge and belief. {W q d/ Cecil E. Crowe, P.Z. 4 L.E. 12330 `�. nonama We, the nWseigned, being the sole owners in fee of the above deserib- ed property do hereby subdivide the s+egJy�L'V\asssshotn Eton the attached map. C�let M. Gwendolyn . L. lade on The foregoing certification was acknowledged before this Z6a day of /}awe A.D., 19,f. ,. otoar. � M' OoIselea expires: /0 , /ISO pi: : ' Watery Public n _ /moue/ S 5lteaee of heed 6 seal. Pc. Qer io N Lewernasr., c e moo Gel — aeoeepaaying nplat nis accepted and approved for fillediff dbeilleadi of the Doug • -i Aggro County clerk aY / 'a el seat S cc I SKLD LG SKL10424 WE 1981309-1984 . 002 HCOC B 1053 REC 01993172 12/27/84 14:04 86.00 1/002 • AR1993172 F 1448 MARY ANN FEUE2STEIN CLERK S RECORDER WELD CO, CO • r Tarn Dago, Made Deserter 26 , t, 84 , Stns. Anne D. Nye r the Palk Truer,of the Ceainty of Weld, Gsloracio, and 4- First National Bank of Louisville, 833 Main Street, Louisville, Colorado 80027 Paebuwla), W1TNEISL1II: Tana. Patricia L. Stranahan did.by Dad e(Tort dated Septett)er 10 . 19 82 , , sad reseeded le the Olin of the Oak W Rrerder of the Cantyof Weld ,Celw.de,ee Septetber 13 , 1t 82 , be Book 97':ret Pep (Reception No. 1903459 1• teeny is the Public Treeiee I. Tort the property hereieafter . _ deenibed to eeeure the peyeent of the WeMedrr prodded Is said Dad of Tree: sad • Whereas, violation having Yen wade la corals d the tenne Rawl uncle of gold Deed of Trust ea shown by the ern d aortae sad dewed for tea filed with the Pt4dk Truster. a copy thereof being reeodd M the office of all Cutely Clerk sad Ieewder,the said pnprrty visa advertised fr sale at relic section'at the plate sad in Ike etaner provided by law d by rid Deed of Trust and a copy of the sake of Sc was in apt time w ild to the persons required by eletele,and rid party won is pirates* of said notice said to First National Bank of Louisville far the w hererfter set forth end a rertlrrnte el perehtar thereof was nods sad raeded•e and said property sot harlot been redeemed free' rid ale: New.Therefore,the Palk Trustee pe.neM le the parr sad aetheeity aided S I at by Jew d by the aid Dad of Trost a such Palle Trustee d le eeaMnuee of the sae of f 319,849.78 to the ►elk Trustee Mid by the rid Per aserle),the receipt whether ie herery aMledeed.tromp to the rid Pereheer(o), its bstn.rear en and erica feneser•ee all Ike right. title d leeetrt which the RAW Truer eetelred pnrat la rid Deed of Trust la d he the Nara.described property abate I. the Carty of Mr 1 sal ,Cefeede.to wit: SEE E%NIBIT "A" ATTM}® I , To Clew d to Held the ems gete the rid Pe ebeeee(e) its belts.eaeeeeM-d trade fern ICrseted the day d per first slaw written. (SEAL) as Pane treats.of Ur Ceriy et Meld ,Celsrsdo. Depeq Talk Truster - STATIC OP COLORADO. 1 Casty of Weld The fee.pkra lednreet won akaew edged hen are this 26th day d Deoatber It 8 �l Trans D. Nye n the Public Trustee of the .Colorado: ',"^1 s September 28,1987 t ` iti sVres i * Xiesidth soiheeil d official seal. � e ; y1 //yy�� .. . - .s Pr trot G eler, CO 00631 _�'ifdsf.C/Lee! _.._„T ✓ _.A - I 7k«— _ ...pr_ ...,' ' ,1 a'_. _•_ -t.on. .gi.:i k 3.13 ::./1065 SY'_wc`_ .. ;�i33,,.",. B 1053 REC 01993172 12/27/84 14:04 56.00 2/002 F 1449 MARY ANN FEUERSTEIN CLERK & REC0RDEP. WELD CO, CO • • Exhibit "A" The West half of the Southeast Quarter (W1 SEk) of Section ----- Thirty-four (34) . Township Three (3) north, Range Sixty-seven (67) West of the 6th P.M. , County of Weld, State of Colorado; EXCEPT the West One Hundred Fifty feet (W 150') thereof, conveyed by Deed recorded May 16, 1968 in Book 595 under Reception No. 1516525, Weld County Records. - a AND EXCEPT Right-of-Way Grant for the benefit of Panhandle Eastern Pipeline Company, dated-May 11, 1983, and recorded June 20, 1983, in Book 999 as Reception No. 1930791 of the Weld County Records, per 84CV333-STIPULATION. • • AR2035981 B 1095 REC 02035981 12/16/85 15:01 $3.00 1/001 F 1391 MARY ANN FEUERSTEIN CLERK S RECORDER WELD CO, CO 9'IIlS1)EED. SI,A..II,,, 2nd ,f„ynf December , 19 85 . F'ILINGSTAMP �' IatMe"' FIRST NATIONAL BANK OF LOUISVILLE, a national banking association �I I i I of the County of Boulder and State of Il Colorado.of the first part.and , li ROBERT L. DETRO and NADINE L. DETRO wham¢legal address is 14505 W. 52nd. Avenue, Arvada, Colorado 80002 Stats rDcc�netj� I• ' I ocro..A11F_�bb.._._._- ... pp i • all.. Conn ty of Jefferson and State of I� ""- Colorado.of the second part: _. ..�. WITNF:SSETII, That the said part of the firstpart,for and in consideration of the sum of 0 • 9 THREE HUNDRED AND TWENTY THOUSAND AND NO/100 I < m DOLLARS, f es to the said party of the first fart in hand paid by the said parties of the second part,the receipt whereof is hereby I r ,anfessed and,mknowledged.has granted.bargained,sold and conveyed,and by these presents does I grant.bargain, sell.convey and confirm unto the said parties of the second part,their heirs and assigns forever l• not in tenancy in common but in joint tenancy,all the following described lot or parcel of land,situate,lying �i and being in the County of Weld and State of Colorado,to wit: , • fi The W1/2 of the SE1/4 of Section 34, Township 3 North, Range 67 West 'I of the 6th P.M., EXCEPT the West 150 feet thereof conveyed by Deed recorded Nay 16, 1968 ! F• in Book 595 as Reception No. 1516525, said parcel being also described as a Lots "A" and "B" of r C 9 RECORDED EXEMPTION NO. 1209-34-3-RE 702, t° recorded September 11, 1984 in Book 1043 as Reception No. 1981309. c TOGETHER WITH any and all mineral rights presently owned by the il grantor herein, if any. II i II also known as street and number Together with all and singular the hereditament:and appurtenances,thereunto belonxing,or in anywise appertaining and the reversion and reversions.remainder and remainders,rents,issues and profits thereof;and all the estate,right, title,interest.claim and demand whatsoever.of the said party of the first part,either in law or equity,of,in 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 said party of the second part, and heirs and assigns forever. And the said party of the first part,for it sel f, its , heirs,executors and admnistrators,do es u ant,grant.bargain and agree to and with the said parties of the second part,their heirs and assigns,the above bargained premises in the quiet and peaceable possession of the said part les 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.by,through or under the said party of the first part to Warrant and Forever Defend. IN WITNESS WHEREOF,the said party of the first part ha s hereunto set its hand and seal the day and year firstabos .written--.- First National Bank of LouiVlpitt6,.- • Attest:(Seal) 1T)I yP. a t1}onal pbaW aesoc$ 've Si ed.Sealed yn Dyycared in the presence of Ay�Ue1 f<1 Fv .hq�-yam AL)ye 1' l/(�///�,,II/1(��'!{j�`a't - Clair A. Beckmann Pi- •j�ld• �7[tJ., , U Adrian;Vice Yresiaent eJ r t( t and Secretary I O -. 1SEAkf,, STATE OF COLORADO. Pk ' yle.. 1YAn County of Boulderss. „•a`• Tbdfaregning instrument was acknowledged before me this 2nd dayof December 19 85 .by'Clair.A. Beckmann, as President and Susan L. Adrian, as Vice-President & ecretar of First National Bank of Louisville, a•- .Witness my hand and officialaefl„•-i ' national banking association - r '1 c� '. my Commission expires: .b_w-49 "`"ti • i �" �:'ILY .3 f` ��. Pnak • o •,6, No.616.%PRIM,WARRANTY MDTENANTS. •lass andfwd Pabbbee Ca,:624 46 Swot Sant Dower,CobndoRrasotal-6T - a1'v�•7/�J� • - U 1415 REC 0236 12/03/93 16:37 :15.00 11 k\ tlL to, lt. -- F 0530 MARY ANN ERSTEIN CLERK a RECORCER WELD CO, WARRANTY DEED THIS DEED.Made dm 1ST day of DECEMBER.1993 between * ROBERT L.DETRO and NADINE I. DETRO of d,r Cnunry.4 WELD and Sure it COLORADO.grantor. and RMDLE.Y 8.OEROO as CAROLYN C.I1ER(NO STATE DOCUMENTARY ca ✓ whose legal address is 9533 WELD COUNTY ROAD 16, Date ;... FORT LIPTON.COLORADO80621 $•_/ of the County of WELD and Sow of COLORADO,Ounces: WITNESS. that the grantor.for and m s tnsnileratw4 of the sum of SIX HUNDRED SEVENTY•ETVE THOUSAND AND @0(110Ws DOLLARS, (1675.000.00),the receipt and suffickay ol which is hereby acknowledged.has graned.bargained.wild ad conveyed,and by the mews de. gran. bargain. sell. convey and confirm um the gne.eer.Mir heirs and asigns forever,net b lunacy hi . coeomm but In hem tenancy. all lie rest property. together via mprnen ens. if any..mane.lying and being in the Canty of WELD.and Stare of Colorado.descrded as 'ohms: THE Win OF THE SEO4 OF SECTION.4,TOWNSHIP 3 NORTH.RANGE 67 WEST OF 711E 6TH P.N.,EXCEPT THE WEST ISO FEET THEREOF CONVEYED BY MID RECORDED MAY 16,19Y IN BOOK SR9 AT RECEPTION NO.1516525.SAID PARCEL BECifi ALSO DESCRIBED M LOTS`A'AND'B'OF RECORDED EXEMPTION NO.110146--RE702•RECORDED SEPTEMBER 11.1904 IN BCAK 1061 AT RECEPTION NO.19111309.COUNTY OF WELD.STATE(IF COLORADO: TOI:E11IER WITH ANY AND All.MINERAI.RIGHTS PRESENTLY OWNED BY THE. GRANTORS HEREIN,IF ANY. also known by street and minder at 9S33 WELD COUNTY ROAD 26.FORT I.UPTON,COLORADO 00621 TOGETHER we, all and mauler the hereditamens and apps renames dwremno belonging, en in anywise appertaining and the ransom and reversions. reminder and •cnsamdd issu e.ram.. ise.and profs thereof.and all the awe.rant.OW.interest.claim and demand whenever of the gneuw either in law to gum. id. in and lathe above bargained pima..we die heredihmens and appuen.mwn. TO HAVE AND TO HOLD the said premises above bargained and described.wit the appnmmanses,want.the trainees.their heirs and amigos forever. And the gamer.bor Smell his heirs and personal aepseseraleves,does cwrwm&gran,bargain and agns b and ' with de P anees.then hem and miens.Mat at die tme of the emdains and delivery of these proems.s.he is well cued of the premises . I above conveyed, hat good. sure. perfect. abatis and in efeasdele'•awe of iahnwnre.in law.to fee ample.and has good right.full power ad lawful ambnny in gnat bargain.sell and Omen,die awed.manner and farm aforesaid.and dial the same am free and dear from all limner and other grants. bargains. sales, liens,taxes.asessnenH,encumbrances and restrictions of whatever kind or nature soever except for times for the current year.a lien bug not yal doe or payable.enemas,rawhide..,rnervallaaa,aveaaab and elghaaf way d record.If any. L. The gnaw.MU and will WARRANT AND FOREVER DEFEND die anove•Nrgaumd peanec,t in the qua and peaceable distend* 0f de grantees.they been ad assigns.again all and every person or persons lawfully claiming die thole or any parr d Tie singular singular shall include the plural.the plural the abgtaW.and de.ere rd an be app y gender shall ;implicit*so all graders. IN WITNESS WHEREOF the grams has accused this deed en the dew set forth Arne. ` l l • STATE(IF CYM.ORADO i ss. COUNTY OF WELD The fin ' g_..aa6 mmn tea acknowledged hebme me Wn 1ST day of DECEMBER. 1900 by ROBERT L.PETRO Mid NADINEL OE7A My mina main rap res: 03-0196 Warm my hasp and official sad.• ee.9aL.In.Ia4 Wain floe Ida TOMS SKLD LG SKL10424 WE 2362536-1993 . 001 HCOC . Recorded,at 2511920 B-1 -23 09/23/96 03:07P PG 1 OF 1 DOC ..�� weld Count C JA HulaTsukalloto Clerk & Recorder 00 Ij C� PUBLIC TRUSTEE'S DEED Sale No. 891• - - MI5 DEED is made SEP TENIRER 19 19 96 ,between KEVIN J. STARKS as the Public Trustee,of the `County of WELD .Colorado.and !ROBERT L. DETRO AND NADINE L. DETRO ,Grantee,the holder of the EEO Certificate of Purchase, CI Certificate of Redemption issued to the lienor last redeeming, whose legal address is ' ;• 114505 WEST 52ND AVENUE, ARVADA, COLORADO 80002 I WHEREAS, BRADLEY B. DER00 AND CAROLYN G. DER00 did.by Deed of Trust dated DECEMBER 1 , 19 93 ,and recorded in the office of the Clerk and Recorder 1 1 of the County of WELD ,Colorado,on DECEMBER 3 1993 , in Book 1415 ,Page N/A ,(Film No. 0531 ,Reception No. 02362537 1 convey to the Public Trustee, in Trust,the property hereinafter described to secure the payment of the indebtedness - 1 provided in said Deed of Trust;and WHEREAS,a violation was made in certain of the terms and convenants of said Deed of Trust as shown by the Notice I, of Election and Demand for Sale filed with the Public Trustee(a duplicate of which was recorded in the office of said 1 County Clerk and Recorder);the said property was advertised for public sale at the place and in the manner provided by law and by said Deed of Trust;Notice of Right to Cure and Redeem and Notice of Sale were given as required by law;said 1 property was sold according to said Notice of Sale;and a Certificate of Purchase thereof was made and recorded in the 1 office of said County Clerk and Recorder;and WHEREAS,all periods of redemption have expired. NOW.THEREFORE,the Public Trustee,pursuant to the power and authority vested by law and by the said Deed of trust,confirms the foreclosure sale and sells and conveys the following described property located in the i' County of WELD ,State of Colorado.to-wit: The W1/2 of the SE1/4 of Section 34, Township 3 North, Range 67 West of the 6th P.M., EXCEPT the West 150 feet thereof conveyed by Deed recorded May 16, 1968 in Book 595 as Reception No. 1516525, said parcel being also described as Lots "A" Hand "B" of RECORDED EXEMPTION NO. 1209-34-3-RE 702. Recorded September 11, 1984 in Book 1043 as Reception No. 1981309. •Together with any and all mineral rights presently owned by Borrower. • I. • also known by street and number as 9533 Weld County Road 26. II TO HAVE AND TO HOLD the same,with all appurtenances,forever. Executed the day and year first above written. KEVIN J. STARKS P.urrwea omit c".uror WELD s.uoremado /��/ �f/.,,r -/ Hy d t'/Bal I I-S "1 a `�CNC.lvv e�f Dom Palk Trustee ' STATE OF COLORADO ss • County of WELD •I The foregoing instrument was acknowledged before me this 19TH// day of SEPT ° \♦ !!!;t4 96 ' I' by Donna L. Schmidt ' as the 0epyky Public T_.'�(fcp0"t I County of WELD -,State of Colorado. // %,Za .r.' '-" st/C lr f \ It I My commission expires APRIL 4, 1999 i 1 1 i 1 Witness my hand and official seal. I -' '' i'. I ,.�,. S I 5 fr N 1 .. n Mac020 9TH STREET r)2 GREE• , 0 80631 elf in Denver,insert-City and'. rlt!!9JE}.,,,�,•,,.0 1i li OF CON' Na.30.Rev,6.90. PUBLIC TRUSTEE'S OEEO Bradford Publ ai ias,1743 Wader St..Mover.CO 10202—(303)252-2500—6-90 SKLD LG SKL10424 WE 2511920-1996. 001 HCOC • • LAZY 2641428 09/21/1998 08:59A Weld County CO 1 of 1 6 6.00 0 84.50 JA SukI Taukamoto WARRANTY DEED THIS DEED. Made this 15th day a September .19 98 , between Robert L. Detro and Nadine L. Detro of the County of Weld and State of Colorado grantor.and A�. GERALD L. DITTMER AND DELORES F. DITTMER��1' whose legal address is 9533 Weld County Road 26, Ft. Lupton, CO 80621 of the County of Weld and State of Colorado ,grantee: WITNESS.That the grantor,for and in consideration of the sum of EIGHT HUNDRED FORTY FIVE THOUSAND AND NO/100 DOLLARS,($845,000.00 ).the receipt and sufficiency of which is hereby acknowledged.has granted,bargained,sold and conveyed,and by these presents does grant,bar- gain.sell,convey and confirm,unto the grantees,their 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: The West 1/2 of the Southeast 1/4 of Section 34, Township 3 North, Range 67 West of the 6th P.M., EXCEPT the West 150 feet thereof conveyed by Deed recorded May 16, 1968 in Book 595 at Reception No. 1516525, said parcel being also described as Lots "A" and 'B" of RECORDED EXEMPTION NO. L209-34-RE702, recorded September 11, 1984 in Book 1043 at Reception No. 1981309, County of Weld, State of Colorado also known by street and number as 9533 Weld County Road 26, Ft. Lupton, Colorado 80621 TOGETHER with all and singular the bereditaments and appurtenances thereunto belonging,or in anywise appertaining.and the revesian.anrlreversions,remainder and remainders,rents,issues and profits thereof,and all the estate,right,title,interest, claim and demand whatsoever of the grantor,either in law or equity,of.in and to the above bargained premises,with the hereditamenls and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described,with the appurtenances,unto the grantees,their heirs and assigns forever. And the grantor,for himself,his heirs and personal representatives,does covenant,grant,bargain and agree to and with the grantees.their heirs and assigns,that at the time of the ensealing and delivery of these presents,he is well seized of the premises above conveyed, has good,sure,perfect, absolute and indefeasible estate of inheritance, in law, 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 soever, except for taxes for the current year,a lien but not yet due and payable,easements,restrictions,reservations,covenants and tights-of-way of record,If any. The grantor shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable posses- sion of thegrantees,their heirs and assigns,against all and every person or persons lawfully claiming the whole or any part thereof. ar number shall include the plural,the plural the singular,and the use of any gender shall be applicable to all genders. N W ' S WHEREOF,the grantor has executed this deed on the date set forth above. Ro.-rt L. Detro Nad. e L. Detro NMI MA RCCM5 rr a STATE OF COLORADO f HI MAIx TIItF es. COUNTY OP BOULDER The foregoing instrument was acknowledged before me this 15th day of September .19 98 ,by Robert L. Detro and Nadine L. Detro • Ueitfo My Commission expires: 'o11 ,W16 G OTe.4'ip Wilm ss:m�y,{h'anndd aanndoofficial seal. i f ted Notary Public th i `�rp U 1r. h t F,iet IR31310B9S wAaBABTY DIED Os Joke Tomb)(worm 1%.. Bt. G s' Lky /?_ /n ! SKLD LG SKL10424 WE 2641428-1998 . 001 HCOC - 1111111111111111111011111111111111111 milt HE II • • 2691273 05/04/1999 10,39A Weld County CO 1 of 1 R 6.00 D 0.00 JA Sukl Tsukamoto ___ tf /7 1-3 QUITCLAIM-DEED p I'pi Tills DEED,made ma 12th day of April, 1999 between G. L. Dittmer and D. F. Dittmer ofthe said 'County of Weld and State of Colorado,grantor(s),and 'C Gerald L. Dittmer and Delores F. Dittmer eev whose Waal address is 9533 Weld County Road 26, Ft.Lupton, CO 80621 4 h/ of the said County of Weld and State of Colorado,grantee(s), WITNESS,that the grantor(s),for and in consideration of the sum of Ten Dollars and other good and valuable consideration DOLLARS, the receipt and sufficiency of which is hereby acknowledged,ha S remised,released,sold and QUITCLAIMED,and by these presents do realise,release,sell and QUITCLAIM unto the grantee(s), their heirs,successors and assigns forever,all the right,title,interest,claim and demand which the grantor(s)have in and to the real property,together with improvements,if any, situate,lying and being in the said County of Weld and State ofColorado, described as follows: The West 1/2 of the Southeast 1/4 of Section 34, township 3 North, Range 67 West of the 6th P.M., EXCEPT the West 150 feet thereof conveyed by Deed recorded May 16, 1968 in Book 595 at Reception No. 1516525, said parcel being also described as Lots "A" and "B" of RECORDED EXEMPTION NO. L209-34-RE702, recorded September 11, 1984 in Book 1043 at'Reception No. 1981309, County of Weld, State of Colorado. • almknownbystreetandnumberae: 9533 Weld County Road 26, Ft. Lupton, CO assessor's schedule or parcel number TO HAVE AND TO HOLD the same,together with all and singular the appurtenances and privileges thereunto belonging,or in anywise thereunto appertaining,and all the estate,right,title,interest and claim whatsoever of the grantor(s),either in law or equity,to the only proper use,benefit and behoof of the grantee(s) their heirs and assigns forever. tr{, Y`H�EERREOOFF,tt rantor(s)ha`�ye executed this deed on ZQZ r'r'• .a v - -rdv yr • c.a...,➢itif6bt D. F. Dittmer ...r _ ti 6I ,t v 4. 1 , G • '',../ ' STATE OF COLORADO Es.1n County of g^Dpyti5 ''',7133Theforegoing instrument was acknowledged before me this 21 day of HQaa C , 95 , by G. L. Dittmer and D. F. Dittmer Witness my hand and official seal. My commission capires: t1�' `/ Ith Dmar.lmt`CID'S". Notary Public JOSEPH G.ABEYTA Mme W Addno.t GnuoaEllearabriallabi®435-1a6.s,CAS) • Na 933.Rn.444, QUITCLAIM DEED Bradford gubliJaq.DO Wane 5e,Dmwr,CO 50211-13031292-2500-5-9t SKLD LG SKL10424 WE 2691273-1999.001 HC0C • • . TRUSTEE'S DEED • THIS DEED made this22nd day of September, 2000, by and between Harvey Sender, Chapter 7 Trustee for the bankruptcy estate of Gerald L. Dittmer, Sr. and Delores Fern Dittmer, Case No. 00-15756 SBB, United States Bankruptcy Court for the District of Colorado(hereinafter"Seller")and Johnson& Smith,LLLP,a Colorado Limited Liability Limited Partnership (hereinafter"Buyer(s)"). �, --S.7t6 Documentary Fr Data to II-- l6" WITNESSETH: ?n WHEREAS,the Seller and Buyer(s)entered into an agreement for the sale and purchase purchase ofcertain real property, of which is subject to the control of the undersigned, pursuant to and in accordance with Section 541 of the United States Bankruptcy Code(11 U.S.C. Section 541); and WHEREAS,on September 15,2000,the Honorable Sidney B.Brooks,United States Bankruptcy Judge,entered his/her Order authorizing the undersigned to sell and convey the interest of the Estate in the property described below to Buyer(s); and WHEREAS,Seller is unable and unwilling to make any warranties or representations with respect to the subject property or the title transferred hereby, and Seller is unable and unwilling to make any warranties or representations with respect to the condition of the subject property or the improvements transferred hereby, and Buyers know and understand that this transfer and conveyance is without warranty or representation of any kind whatsoever. NOW,THEREFORE,in consideration of TEN DOLLARS other good and valuable considerations,the receipt and sufficiency of which is hereby acknowledged, Seller shall sell and convey, and by these presents does sell and convey to Buyer(s), Johnson & Smith, LLLP, a Colorado Limited Liability Limited Partnership and unto Buyer(s)' successors in interest,assigns or nominees,all right,title and interest of Seller,as Chapter 7 Trustee of the Bankruptcy Estate above-named, in and to that certain property located in the County of Weld, State of Colorado, described as follows: Lot B of Recorded Exemption No. L1209-34-3-RE 702, Recorded September 11, 1984 in Book 1043 at Reception No. 1981309, See Attached Legal, Exhibit A also known as street and number vacant land,a certain parcel of the real property located at 9533 Weld County Road 26, Fort Lupton, CO 80621. IN WITNESS WHEREOF, the Seller has exec ted this Trustee's Deed on the date set forth above. By_ H ey Send ,Trustee STATE OF COLORADO ) ) SS CITY&COUNTY OF DENVER ) This instrument was acknowledged before me this-ay of September, 2000 by Harvey Sender,Chapter 7 Trustee for the bankruptcy estate of Gerald L.Dittmer,Sr.and Delores Fern Dittmer,Case No.00-15756 SBB,United States Bankruptcy Court for the District of Colorado. !*Fl V WITNESS my hand and official seal. �Qt Ate• . ,S fierce,No r''•ri blic ; My commission expires: 11/21/2000 G P L' I q �UOLOCti" Rr�. �C ....- Johnson Svn/t u-�' t a50(0 wcK l'3 1111111IIII1111111IIIIIIII1111IIIIIIIIIIIIIIIIIIIIIIII Ha-Hewn e Co 2806040 11,1312000 11:46A JA Sold Tsukamoto 1 of 2 R 10.00 D 30.00 Weld County CO SKID LG SKL10424 WE 2806049-2000 . 001 HCOC I111111 III 1111111 Hill 111111111111111IIS H IIII • 2806049 11/13/2000 11.46A JA Sold Teukamoto 2 of 2 H 10.00 0 30.00 Weld County CO EXHIBIT A LOT B OF RECORDED EXEMPTION NO. 1209-34-3-RE 702, RECORDED SEPTEMBER 11, 1984 IN BOOK 1043 AT RECEPTION NO. 1981309, BEING A PORTION OF THE WEST 1/2 OF THE SOUTHEAST 1/4 OP SECTION 34, TOWNSHIP 3 NORTH, RANGE 67 WEST OF THE 6TH P.M., COUNTY OP WELD, STATE OP COLORADO, ALSO DESCRIBED AS FOLLOWS: THE WEST ONE-HALF OF THE SOUTHEAST ONE-QUARTER OF SECTION 34, EXCEPT THE WEST 150.00 FEET OF SAID SECTION 34, TOWNSHIP 3 NORTH, RANGE 67 WEST OP THE 6TH P.M., WELD COUNTY, COLORADO, MORE PARTICULARLY DESCRIBED AS: BEGINNING AT THE SOUTH QUARTER CORNER OP SAID SECTION 34; THENCE SOUTH 88 DEGREES 36 MINUTES 30 SECONDS EAST ON AN ASSUMED BEARING ALONG THE SOUTH LINE OF SAID SECTION 34 A DISTANCE OF 150.00 FEET TO THE TRUE POINT OP BEGINNING: THENCE CONTINUING SOUTH 88 DEGREES 36 MINUTES 30 SECONDS EAST ALONG SAID SOUTH LINE A DISTANCE OP 1179.50 FEET TO THE SOUTHEAST CORNER OF THE WEST HALF OP SOUTHEAST QUARTER OP SAID SECTION 34; THENCE NORTH 00 DEGREES 24 MINUTES 43 SECONDS WEST ALONG THE EAST LINE OF SAID WEST HALF A DISTANCE OF 2672.90 FEET TO THE NORTHEAST CORNER OP THE WEST HALF OF SOUTHEAST QUARTER OP SAID SECTION 34, THENCE NORTH 87 DEGREES 55 MINUTES 30 SECONDS WEST ALONG THE NORTH LINE OF SAID WEST HALF A DISTANCE OF 1160.75 FEET TO A POINT 150.00 FEET EAST OF THE CENTER OF SAID SECTION 34: THENCE SOUTH 00 DEGREES 00 MINUTES 04 SECONDS EAST A DISTANCE OF 2686.21 FEET TO THE TRUE POINT OF BEGINNING. EXCEPT: LOT A OF RECORDED EXEMPTION NO. 1209-34-3-RE 702, RECORDED SEPTEMBER 11, 1984 IN BOOK 1043 AT RECEPTION NO. 1981309, BEING A PORTION OF THE WEST 1/2 OF THE SOUTHEAST 1/4 OF SECTION 34, TOWNSHIP 3 NORTH, RANGE 67 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO. m197932 -SKLD LG SKL10424 WE 2806049-2000 .002 HCOC • Recording requeswd by / • �G.i� 4 I I V1 5 and when records(please return Iha durJ and tax 1 247835�II'VIII(4 3:5 I Weld it"I�I Illl Inie 11 �/ X47835 1212812004 03:56P Wald CaaaN.CO emit n4Gre G f2,o et`I 1 of 2 A 11.00 0 0.00 Stave Moreno Clerk 8 pacortler a ylcu i)/>,,'// -/ / Escrow No.. N/lr-y/ Tide Order No.: >7/1-- For recorder's use only QUITCLAIM DEED KNOW ALL MEN BY THESE PRESENTS THAT: THIS QUITCLAIM DEED,made and entered into on December 6,2004,between Johnson&Smith L.L.L.P.("Grantor")whose address is 12506 Weld County Rd 19,Platteville Co 80651 and Roger B Smith and Jane Ann Johnson("Grantee")whose address is 12506 Weld County Rd. 19,Platteville Co 80651. FOR A VALUABLE CONSIDERATION,in the amount of ONE DOLLAR(S1.00)and other good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged,Grantor hereby REMISES,RELEASES,AND FOREVER QUITCLAIMS to Grantee,all right,title,interest and claim to the plot,piece or parcel of land,with all the buildings,appurtenances and improvements thereon,if any,in the City of Platteville,County of Weld, State of Colorado described as follows: PARCEL 1: Lot B of Recorded Exemption No. 1209-34-2-RE1407, recorded July 31, 1992 in Book 1345 as Reception no. 2298013, being a part of the WII2NW1/4 of Section 34, Township 3 North, Range 67 West of the?P.M, County of Weld State of Colorado. PARCEL 2: Lot B of Recorded Exemption No. 1209-34-3-RE701,recorded September 11, 1984 in Book 1043 as reception No. 1981309, being part of the W1/22SE1/4 of Section 34, Township 3 North,Range 67 West of the eh P.M., County of Welch State of Colorado. TOGETHER WITH any and all water rights, including but not limited to 79 shares of the capital stock of The Lupton Meadows Ditch Company SUBJECT TO all,if any,valid easements,rights of way,covenants,conditions, reservations and restrictions of record. TO HAVE AND TO HOLD all of Grantor's right,title and interest in and to the above described property unto Grantee.Grantee's heirs,successors and/or assigns forever,so that Quitclaim Deed-! • SKLD LG SKL10424 WE 3247835-2004 . 001 _ ,HCOC neither Grantor nor Grantor's heeccessors and/or assigns shall have claim or demo ' right or title to the property described above,or any of the buildings,appurtenances and improvements thereon.IN W 1'NESS WHEREOF.Grantor has executed this Quitclaim Deed on /(�j�?t'✓C- !7 , 200 5-0)iw ,Ct 70 s _- .Jo son&Smith LLLP7 (-By:Jane Ann Johnson,President32ars 12/284004 031/3P 1 I (till flithit�hitIllllllIIBI��������11111litVIII 2 of 2 R 11.00 0 0.00 Steve Moreno Ckrk 8 pewrder State o do County of '1?(7C`ec— ".} The foSegoing insmunent was cknoyiledged before me is (.p dap 20. h n o✓\ (if by natural person or persons,insert name or names;if by person acting in representative or official capacity or as attorney-in-fact,insert name of person as executor,attorney-in-fact,or other capacity or description;if by officer of corporation,insert name of such officer or officers as the president or other officers of such corporation,naming it).If acknowledgment is taken by a notary public,the date of expiration of his commission shall also appear on the certificate. Witness my hand and official seal. - Notary Public 42,010340 My stone O 771L1<JC,I� i swbn� 3 03Aft } Quitclaim Deed-2 SKLD LG SKL10424 WE 3247835-2004 .002 HCOC 970 110111 11111 111111 III 11111111111111111111111 IIII • 3484970 06/2112007 02:39P Weld County, CO vl° 1 0l I R 6.00 D 0.00 Steve Moreno Clerk&Recorder QUIT CLAIM DEED THIS DEED,made this day ofJUNE 4,2007,by ROGER H SMITH AND JANE ANN JOHNSON Grantor,for this consideration of •••Ten Dollars and Other Good and Valuable Consideration••• in hand paid,hereby sells and quitclaims to JOHNSON&SMITH L.L.L.P. Grantee,Individual whose street address is 12506 WELD COUNTY RD 19 City of PLATTEVILLE,County of WELD,State of COLORADO,the following real property in the ,Count y of WELD,and State of Colorado, to wit: LOT B OF RECORDED EXEMPTION NO.1209-34-3-RE702,RECORDED SEPTEMBER lt,1984 IN BOOK 1043 AS RECEPTION NO.1981309,BEING PART OF THE W 1/2 SE 1/4 OF SECTION 34,TOWNSHIP 3 NORTH,RANGE 67 WEST OF THE 6T"P.M.,COUNTY OF WELD,STATE OF COLORADO. also known as street and number 9447 COUNTY ROAD 26 TOGETHER with all its appurtenances. RD6ERBSMITH /� J E ANN JOHN S State of COLORADO ��' ��/777^ )ss County of 79y-6-cry-e; ) �j \ ,l col The foregoing instrument was acknowledged before me this day of � -1 �{^-� by ROGER 0 SMITH AND JANE ANN JOHNSON. Witness my hand and official seal. My commission expires Notary Public When recorded return to: JOHNSON&SMITH ' 12506 WELD COUNTY RD 19,PLATTEVILLE,CO80651 -. 'M nP • 7, c.7 8747 • Form 3038 11/2004 qcd.dot • SKLD •LG - SKL10424 WE -3484970-2007. 001 HCOC • S . . • 971 11111 IIII 111111111111 III IN!IIII IIII 3484971 06/21/2007 02:39P Weld County, CO 1 of 1 R 6.00 0 36.50 Steve Moreno Clerk&Recorder Stare Documentary Fee Date() WARRANTY DEED THIS DEED, Made on this day of June 19, 2007 , between JOHNSON & SMITH L.L.L.P. of the County of and State of CO , of the Grantor(s), and GERALD D. HAMLIN AND KATHRYN J. HAMLIN whose legal address is :5198 WCR 28 LONGMONT, CO 80504 of the County of and state of COLORADO , of the Grantee(s): WITNESS, That the Grantor(s), for and in consideration of the sun of ( $365,000.00 a*e Three Hundred Sixty Five Thousand and 00/100 tee DOLLARS the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sett, convey and confirm unto the Grantee(s), their heirs and assigns forever, not in tenancy in connan but in joint tenancy, all the real property, together with improvements, if any, situate, lying and being in the Comity of.WELD and State of Colorado, described as follows: LOT B OF RECORDED EXEMPTION NO. 1209-34-3-RE 702, RECORDED SEPTEMBER 11, 1984 IN BOOK 1043 AT RECEPTION NO. 1981309, BEING A PART OF THE WEST HALF OF THE SOUTHEAST QUARTER OF SECTION 34, TOWNSHIP 3 NORTH, RANGE 67 WEST OF THE 6TH P.N., COUNTY OF WELD, STATE OF COLORADO. also known as street muter 9447 COUNTY ROAD 26 FORT LUPTON CO 80621 TOGETHER with all and singular and hereditaments and appurtenances thereto 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 hereditament, and appurtenances; TO HAVE ANDTO HOLD the said premises above bargained and described with appurtenances, unto the Grantee(s), their 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), their heirs and assigns, that at the time of the ensealing and delivery of these presents, he Is welt seized of the premises above conveyed, has good, sure, perfect, absolute end 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 ironer 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 soever, Subject to general taxes for the year 2007 end thou specific ateepticne detartbed by reference to recorded dacuunte as reflubd in the Title Wmvente accepted by uu artfe) in accordance with Section ea /Title Review) of the contract to Buy and Sell Real Estate relating to the above desoribed property; distribution utility aeseaenta (including cable W)7 those specifically described rights of third parties not show by the public' record, of which orenteefs) has actual Anorledge and which were ccepted by°ranter(*) in accordance with section lib (getter, nor Shown by the Public Records) and Section Sc (Survey Review) of the Contract to Buy and Sell seal Estate relating to the above described real property; inclusion of the Property within any spacial tar district; and, the benefit and burdens of any declaration and party wall agreements, if any and other ROM The Grantor(s) shalt and wilt 1MRRANT AIM FOREVER DEFEND the above bargained premises in the quiet end peaceable possession of the Grantee(s), his hairs and assigns, against all and every person or persons lawfully claiming the whole or any part thereat. The singular 'amber shall include the plural, and the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF the Grantor(s) has executed this deed on the date set forth above. ,MITI L.L. 1 Sttai TOMMIE Paaa..seer STATE OF c,zozADo ) `/ )ss. Cavity of ADAMS The foregoing Instrunlnt was acknowledged before me on this day of age as, 2007 by Jan AM JOeSAOw PESSInQS or,0511105 a Srr18 L.L.L.e'. MARK D.HOTT My • Witness expires y��J�k1 .NOTARY PUBLIC uttnecs m nand one offimd seal. STATE OF COLORADO , ff my Cpmnisslon Expires Apr.09.2011 Notary P (c Name and Address of Person Creating Newly Created Legal Description ( 38-35-106.5, C.R.G.) Escrow" CCV25073747 When Recorded Return to: GERALD D. HAMLIN AND KATHRYN J. HAMLIN Title. fC25073747 5198 NCR 28 LCIIGIOIT, CO 80504 Form 96 08/29/04 WW1 WARRANTY DEED (Joint Tenants) Printed: Jva 18, 2007 (5034703) SKLD LG SKL10424 WE 3484971-2007 . 001 HCOC s CENTRAL WELD COUNTY WATER DISTRICT November 13, 2007 Jerry& Kathy Hamlin 5198 County Road 28 Longmont CO 80504 RE: Can Serve- Water Service Lot 1 Dear Mr. & Mrs. Hamlin, This letter is in response to a request for water service to serve the following property described as follows: Part W 'A, SE ''A of Section 34, Township 3 North, Range 67 West, Weld County, Colorado Water service can be made available to the above described property provided all requirements of Central Weld County Water District, Northern Colorado Water Conservancy District and the U. S. Bureau of Reclamation are satisfied. Central Weld County Water District will require that Tap Assignments be consummated prior to the setting of a tap or this letter shall become null and void unless extended in writing by the District. Subdivisions requiring 10 or more taps will be required to purchase and transfer raw water prior to District approval. Please note that you are responsible for confirming that this property has met the requirements of Northern Colorado Water Conservancy District and the Bureau of Reclamation. To do this, you may contact Marilyn Conley with Northern Colorado Water Conservancy District at 970.532.7700. Central Weld cannot issue a tap until all requirements are satisfied. A review of the District's system in this water service area will need to be done prior to water taps being sold. In preliminary review of your request for water service,it has been found that a line extension may be required. Due to the rapid cost increase of raw water, existing tap fees may not apply for water service to this property. The District will not notify, by separate letter, any prospective landowners or land purchasers of tap fee or line extension cost increases. The cost ofa tap fee and/or line extension will have to be paid in advance to the District by the prospective customer in accordance with District policy within one (1) year from the date of this letter It is your responsibility to confirm with your local Fire Protection Authority if fire flow water capacity is required for your project. Sincerely, CENTRAL WELD COUNTY WATER DISTRICT W. Zade eneral Manager JWZ/ja 2235 2"d Avenue • Greeley, Colorado 80631 • Phone (970) 352-1284 • Fax (970) 353-5865 John. W. Zadel, General Manager Hello