HomeMy WebLinkAbout20073897.tiff L 2r - G,ar
II I �N)W ₹$1
E E i 3 Ee l u
6i e
hill
M
at j b� b •F'{ r 4 cfUH
Nij q
" i ai ; 5 i :" :pi' f \� x a g � �i`ib iE b b 8 si 3 I I i l J i1 C a
• ii � li Li L _
OfpE ll1'llJ
�; A Li . g : ��{ 1111LS Pd yy s... ii v3 it ;pi it 5 ii ! III ■:: •;.%!! 1111 ,1 i I !i—, it ! hatq,{I lsyD i ig� �i ha b �} � 1i�'.lo!!..+�t�i f ty tq n P q t�t I Wt i i t !ll� � fit
6 i7 s 7 a# 7 id : I
Al[p! {!j Ill
p( ii
al 41; li I#! 1 Ot!! ill t li II d jilt, d1 n
L.i, b E
L b illi
g 11111111 II ill ii
pa �j ! {E �t11IS 4 i D{I t o Iltilli
lluIll! i ipihI ll 1E��
' I Ei ? 1 L i 1 .Ll to mi � ltq9 410 ® IELill bjr 6 L Wcig II�I i) ; il }lia
fu{ l ; i is h i Ho} if iil E ;llllll
I} 1itiJ:%:� i l gildi libil ! ilt hit'
al eat of‘ e o F
ph
E szN - P. it"" IP 2
r14
AAA5
b
:^ ,A � mp .00'991. 3rc.so.aos9 � € € 5�II lip
�l €Y[ 'MOtlOC. MOb W. r F..� RW
1 CC ii •TT• YQ F{
��
4
3 .
gil
LcaaM k 3mmmc %E
: 1: it roar 1 i
W m A84� {{{ W09L �! � -
h gt M --------...—--
e 0) p U Mtl144.N1 Mtl44L'kl.19 In ll a W
L. -1— L;
SCtlJM ii-
f'
0 { S I bgl'J38 NI 30'DI 3'3(1183M ;16
_--1 3 F
IV
83■� WSSI N`YES0.00N Q
III a, El �I iii
III _i i n
° I dal
Mb P i `` ' �i
ill! - S9
4, it! Q
1
Lon 1W LS:SS:S LWLSII IYP36NrM�+W00Sd uow ns 1111(IS-L0LS0U[fly q e1oJd Wq Lwn•:d
• i
fisciffeew:- :
WtDc. DEPARTMENT OF PLANNING SERVICES
COLORADO SUBDIVISION EXEMPTION
ADMINISTRATIVE REVIEW
Applicant: Home Light & Power/Public Service Case Number: SE-1105
Request: Subdivision Exemption for a Lot-Line Adjustment
Legal Description: Part E2SE4 of Section 1 T7N R66W of the 6th PM, Weld County, Colorado
Parcel Number: 0707 01 000018 Parcel size: +/- .5 acres Planner: C. Gathman
Criteria Checklist
Meets Criteria
Yes No NA
X 1. The proposal is consistent with the policies of Chapter 22 of the Weld County Code.
X 2. The boundary change or temporary use location which would be allowed on the subject
property by granting the request will be compatible with the surrounding land uses.
X 3. In those instances when used pursuant to 24-8-30.A.1 of the Weld County Code, the
request is the best alternative to dispose of existing improvements in conjunction with the
companion Recorded Exemption.
X 4. A lot being created for the purpose of financing will not result in the creation of a lot to be
sold, shall be at least one acre in size, and will no longer exist upon termination of the
financing arrangements.
Approved With Conditions
The Subdivision Exemption is approved in accordance with information submitted in the application and the policies
of Weld County. The Department of Planning Services has determined through its review that the standards of
Section 24-8-40 of the Weld County Code have been met.
1. A Weld County septic permit is required for any proposed home. The septic system shall be installed
according to the Weld County Individual Sewage Disposal System (I.S.D.S.) regulations.
2. Prior to recording the plat: 2or�, 3 3'V 7
A. The plat shall be titled: Subdivision Exemption No. 1105 �C O /
•
• i
B. 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.
C. County Road 84 is designated on the Weld County Road Classification Plan as a local gravel road,
which requires 60 feet of right-of-way at full build out. The applicant shall verify the existing right-of-
way and the documents creating the right-of-way. All setbacks shall be measured from the edge of
future right-of-way. If the right-of-way cannot be verified, it shall be dedicated. This road is
maintained by Weld County.
D. The applicant shall provide a deed from Michael and Karen Wolf to Public Service Company
describing the transfer of additional land to Public Service along with a quit claim deed from Public
Service Company to Public Service Company with a legal description that matches the amended
parcel boundary shown on the SE-1105 plat to be recorded with the SE-1105 plat. Recording fees
shall be submitted with the deeds ($6 for the first page and $5 for each subsequent page).
E. A Corrected RE-4264 plat (showing the revised boundaries of Lot B — RE-4264 as a result of the lot
line adjustment) shall be submitted for recording at the same time as the SE-1105 plat.
F. The applicant (through USR-1592) is proposing an access to the SE parcel that crosses the
adjacent property to the west. The applicant shall submit to the Weld County Department of
Planning Services a recorded copy of any agreement signed by all of the owners of the property
crossed by the access. The access shall be for ingress and egress and shall be referenced on the
plat by the Weld County Clerk and Recorders reception number.
H. The applicant shall provide the Weld County Department of Planning Services with a Statement of
Taxes from the Weld County Treasurer showing no delinquent taxes exist for the original parcel.
The following notes shall be placed on the plat:
1) This Subdivision Exemption is for adjustment of property lines between two contiguous
parcels.
2) All proposed or existing structures will or do meet the minimum setback and offset
requirements for the zone district in which the property is located. Pursuant to the definition
of setback in the Weld County Code, the required setback is measured from the future right-
of-way line.
No building or structure as defined and limited to those occupancies listed as Groups A, B,
E, F, H, I, M and R in Section 302.1 of the 2003 International Building Code, shall be
constructed within a 200-foot radius of any tank battery or within a 150-foot radius of any
wellhead. Any construction within a 200-foot radius of any tank battery or 150-foot radius of
any wellhead shall require a variance from the terms of the Section 23-3-10 of the Weld
County Code.
3) Any future structures or uses on site must obtain the appropriate zoning and building
permits.
• 0
4) The right-of-way or easement shall be a graded and drained road to provide an all-weather
access.
5) 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.
6) Prior to the release of building permit, the applicant shall submit evidence of approval from
the Ault Fire Protection District to the Weld County Building Department.
7) Effective January 1, 2003, Building Permits issued on the proposed lots will be required to
adhere to the fee structure of the Weld County Road Impact Program. (Ordinance 2002-11)
8) 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)
9) WELD COUNTY'S RIGHT TO FARM: Weld County is ,one of the most productive
agricultural counties in the United States, ranking fifth in total market value of agricultural
products sold. The rural areas of Weld County may be open and spacious, but they are
intensively used for agriculture. Persons moving into a rural area must recognize and
accept there are drawbacks, including conflicts with longstanding agricultural practices and
a lower level of services than in town. Along with the drawbacks come the incentives which
attract urban dwellers to relocate to rural area: open views, spaciousness, wildlife, lack of
city noise and congestion, and the rural atmosphere and way of life. Without neighboring
farms, those features which attract urban dwellers to rural Weld County would quickly be
gone forever.
Agricultural users of the land should not be expected to change their long-established
agricultural practices to accommodate the intrusions of urban users into a rural area. Well
run agricultural activities will generate off-site impacts, including noise from tractors and
equipment; slow-moving farm vehicles on rural roads; dust from animal pens, field work,
harvest, and gravel roads; odor from animal confinement, silage, and manure; smoke from
ditch burning; flies and mosquitoes; and the use of pesticides and fertilizers in the fields,
including the use of aerial spraying. Ditches and reservoirs cannot simply be moved out of
the way of residential development without threatening the efficient delivery of irrigation to
fields which is essential to farm production.
Section 35-3.5-102, C. R. S., provides that an agricultural operation shall not be found to be
a public or private nuisance if the agricultural operation alleged to be a nuisance employs
methods or practices that are commonly or reasonably associated with agricultural
production.
Weld County covers a land area of over 4,000 square miles in size (twice the State of
Delaware) with more than 3,700 miles of state and county roads outside of municipalities.
The sheer magnitude of the area to be served stretches available resources. Law
enforcement is based on responses to complaints more than on patrols of the county and
the distances which must be traveled may delay all emergency responses, including law
enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who
must leave their jobs and families to respond to emergencies. County gravel roads, no
matter how often they are bladed, will not provide the same kind of surface expected from a
paved road. Snow removal priorities mean that roads from subdivisions to arterials may not
be cleared for several days after a major snowstorm. Snow removal for roads within
subdivisions is 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. The Department of Planning Services respectfully requests the surveyor provide a digital copy of this
Subdivision Exemption. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS
formats are ArcView shapefiles, Arclnfo Coverages and Arclnfo Export files format type is .e00. The
preferred format for Images is .tif (Group 4). (Group 6 is not acceptable). This digital file may be sent to
maps@co.weld.co.us.
6. The Weld County Department of Planning Staffs approval of this Subdivision Exemption is based upon
satisfying the above conditions. 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 Board of County
Commissioners with a recommendation for denial.
By Date: February 12, 2007
Chris Gathman ❖ Planner II
WELD COUNTY O
COUNTY,
DEPARTMENT OF PLANNING SERVICES
918 10T"STREET
GREELEY, CO 80631
]� PHONE:970-353-6100, EXT.3540/FAX:970.304-6498
Date: ...1-1C-C 121 20 O( ' Receipt No. 1 812
Received From: (J1 +C. S.,•I C 0 C . u�. A.)'-
cis
Permit Type No. Description Fee
4221-R SF) 1 t x 1 vt- ; s
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
44M-MAPS/POSTAGE
4430-COPIES
4730-INVESTIGATION FEE
6560-RECORDING FEE 1 U
MISC.
1 I . O3
JCASI Q CHECK NO. 1O S O /4S TOTAL FEE
Rc:eipted By: .2' "r DL# NJ /L- Exp.
� ` out cL JO( 2.1.4
Page 1 of 3
•
Chris Gathman
From: Norman Simonson [nsimonson@sehinc.com]
Sent: Tuesday, July 24, 2007 1:28 PM
To: Chris Gathman
Subject: RE: SE-1105
Chris,
Go ahead and make the changes. Please send me a copy of the recorded SE.
Norm
"Chris Gathman"<cgathman@co.weld.co.us> To
"Norman Simonson"<nsimonson@sehinc.com>
cc
07/24/2007 01:22 PM Subject RE:SE-1105
Norm,
1) I would like the "LOT LINE TO BE REMOVED" as shown on the plat to be removed.
2) I would like"REC. NO. 1103870, MARCH 27, 1951"to be removed. (This information might be confusing
because the 1951 parcel has been combined by deed with adjacent property to make SE-1105).
Let me know if you have any questions.
Sincerely,
Chris Gathman,AICP, Planner II } Uvt- I (--• G3"....\UnC Dry
Weld County Department of Planning Services
918 10th Street,Greeley,Colorado 80631 - 1 105
ph(970)353-6100 ext. 3540 fax(970)304-6498
A/` rA
W np,t‘C'4o(-3
vjaS \tsp.),
From: Norman Simonson [mailto:nsimonson@sehinc.com] 5' .
Sent: Tuesday, July 24, 2007 1:14 PM `otp""A
To: Chris Gathman
ge
Subject: RE: SE-1105
Akne_92tv
07/24/2007
#7,0-0(1:\t' MEMORANDUM
ElkTO: Sellards & Grigg - Norman Simonson 3/29/2007
COLORADO FROM: Chris Gathman - Planner II ai. ,
SUBJECT: Subdivision Exemption 1105 (projyc # 2ooc,10(-56
I have reviewed this plat and have the following revisions:
1) The existing access point for the facility shall be indicated.
2) Note #4 can be removed. (This deals with an off-site access road to the west that may or
may not be used and is not essential to the operation).
3) The Surveyor's Certificate should match the certificate outlined in Appendix 24-F of the Weld
County Code (this can be pulled up online at: http://colocode.com/weld/weld 24.pdf).
4) Just a suggestion but I would recommend making the SE lot darker (shaded) on the vicinity
map so that it is easier to see.
T ` 1
yc)`j llajc- Ci nv Crues'h0V S ) COv LL
( 91°) 3 s7 S3— CocOl or c-vHw \
0_ l c co
SERVICE,TEAMWORK,INTEGRITY,QUALITY
•
0 Xcel Energy-
Siting and Land Rights
PUBLIC SERVICE COMPANY 550 15th Street,Suite 700
Denver,Colorado 80202-4256
Telephone:303.571.7799
Facsimile:303.571.7877
March 1, 2007
Chris Gathman
Department of Planning Services
Weld County
918 10th Street
Greeley, Colorado 80631
Re: Public Service Company of Colorado, Ault Electric Substation
Dear Chris:
Please find enclosed two copies of the revised Subdivision Exemption No. 1105 plat,
submitted for your review prior to preparation of the Mylar.
The requested electronic file will be forwarded once the plat is approved for Mylar
preparation.
Thank you for your assistance.
Sincerely,
im McClung, Contract Agent
Siting and Land Rights Department
Enclosures
• •ARTMENT OF PLANNING SERVICES
NORTH OFFICE
riot 918 CO10th Street
Greeley, C 80631 WPhone:
(97 ) 0 Ext.
xt. 3540
Phone: 353-6100(970) Ext. 3540
Fax: (970) 304-6498"gig *
SOUTHWEST OFFICE
4209 CR 24.5
Longmont, CO 80504
COLORADO Phone (720) 652-4210, Ext 8730
Fax: (720)652-4211
INVOICE & RECEIPT SUMMARY
May 25, 2007
Application Number PDF07-01050
App Type: Building\Department Fees\NA\NA
Office Accepted At North
Applicant Name: JIM MCCLUNG
PUBLIC SERVICE COMPANY
INVOICES:
Invoice# 34191
Recording Fee for Each Mylar Sheet(Enter#) $11.00
Total Fee: $11.00
PAYMENTS:
Receipt# Payment Method Ref# Payment Date Amount Cashier
42794 Cash 05/25/2007 $11.00 BMOORE
Total Paid: $11.00
Page 1 of 1
Chris Gathman
From: Hannah Hippely
Sent: Wednesday, January 17, 2007 10:58 AM
To: Chris Gathman
Subject: SE-1105
Hi Chris,
According to Public Works the western acces that the power company uses is not on thier property. As a
condition for thier USR I an asking the following:
1. The applicant is proposing to use an agricultural farm road as its west access. The
applicant shall submit to the Weld County Department of Planning Services a recorded
copy of any agreement signed by all of the owners of the property crossed by the access.
The access shall be referenced by the Weld County Clerk and Recorders reception
number on the plats for SE- 1105 and USR- 1592. (Department of Planning Services)
Would you mind including this requirement if you haven't already in thier SE comments?
Thanks.
Hannah
01/17/2007
• •
DEPARTMENT OF PLANNING SERVICES
Planning Division
NORTH OFFICE
91Y10Street
GREELEY, CO 80631631 www.co.weld.co.us
PHONE: (970) 353-6100, Ext. 3540
C. FAX: (970) 304-6498
1111DCOLORADO December 14, 2006
Home Light & Power
c/o James McClung
1633 S. Lamar St
Lakewood CO 80232
Subject: SE-1105-A Subdivision Exemption located on a parcel of land described as E2SE4 of Section 1,
T7N, R66W of the 6th P.M., Weld County, Colorado.
Dear Applicant:
Your subdivision 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 subdivision 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 Planning Commission for their review and comments. It is recommended that you and/or a
representative be in attendance at the[Town(s)] Planning Commission meeting to answer any questions the
Commission members may have with respect to your application. Please call [Town(s)Phone #], for further
details regarding the date, time, and place of this meeting.
If you have any questions concerning this matter, please call me.
Sincerely,
at .'1 Lt�Cv�
Chris Gathman
Planner
0 Xcel Energysm
Siting and Land Rights
PUBLIC SERVICE COMPANY 550 15th Street,Suite 700
Denver,Colorado 80202-4256
December 12, 2006 Telephone:303.571.7799
Facsimile:303.571.7877
Department of Planning Services
Weld County
918 10th Street
Greeley, Colorado 80631
Re: Public Service Company of Colorado, Ault Electric Substation
To Whom It May Concern:
Public Service Company of Colorado,previously operating under the name of Home
Light and Power Company, owns and operates an electric substation located in a portion
of the E1/2 of the SE1/4 of Section 1, Township 7 North, Range 66 West, Sixth Principal
Meridian, Weld County, Colorado. The substation is over fifty years old and requires
upgrades to conform to current community needs and National Electric Safety Code
Requirements.
To accomplish this facility upgrade, Public Service Company is in the process of
acquiring additional land to enable equipment replacement, while maintaining operations
of existing equipment. At the behest of Weld County Planning Services, Public Service
Company recently submitted an amendment to Recorded Exemption No. 0707-1-4 RE
4264. In conjunction with the amended RE submittal, Public Service Company was
further directed to submit application for subdivision exemption addressing the need for a
boundary line adjustment. This letter and its enclosures represent response to Weld
County's subdivision requirements.
In addition, a companion application has been made for a Weld County Use by Special
Review. The application has been accepted and assigned the designation of USR-1592.
Your time and consideration regarding this project is appreciated.
Sincerely,
rim 5
Jim McClung, Contract Agent
Siting and Land Rights Department
Enclosures
ey
Xcel Energy-
Siting and Land Rights
PUBLIC SERVICE COMPANY 55015th Street,Suite 700
Denver,Colorado 80202-4256
Telephone:303.571.7799
November 29, 2006 Facsimile:303.5713877
Weld County Planning Department
918 10th Street
Greeley, CO 80631
Re: Permitting for the Public Service Company of Colorado Ault 44kV
Electric Substation
Expansion.
Dear Weld County Planners:
Jim McClung, of Diversified Land Services is hereby authorized to
apply for land use permits for the above referenced project and to
represent Public Service Company of Colorado, a wholly owned
subsidiary of Xcel Energy, Inc., regarding such. If you have any questions
or concerns, please feel free to contact me at 303-571-7260, (cell) 303-
810-9707, (e-mail) michael.diehl@xcelenergy.com, (fax) 303-571-7877,
or by regular mail at the above address.
Respectfully,
41 ill AI!
anfaCil
Michael E. Diehl, Supervisor ^ ,�
Siting & Land Rights
Xcel Energy, Inc. dba
Public Service Company of Colorado
WOIPc. APPLICATION FLOW SHEET
COLORADO
APPLICANT: Home Light & Power/Public Service CASE #: SE-1105
REQUEST: Subdivision exemption for a lot-line adjustment.
LEGAL: Part E2SE4 1-7-66
LOCATION: North of and adjacent to CR 84 and approx. 1/4 mile west of CR 37.
PARCEL ID #: 0707 01 000018 ACRES: +1- .5 acres
Date By
Application Received 12/12/06
Application Completed 12/12/06
Referrals listed 12/14/06 CG
Vicinity map prepared
File assembled I3/I(1/U.c Urn
Case logged in computer
Letter to applicant mailed
Referrals mailed
Field check by DPS staff N -I !N 7_)
Administrative Review decision: jAp?af n Z/l Z Ibcol
Board of County Commissioners hearing Of applicable) Date By
County Commissioners Hearing Date
Surrounding property owners notified
Presentation prepared
CC action:
CC resolution received
Date
Plat recorded and filed O7
Overlay Districts
Zoning Agricultural
MUD Yes No_X_
IGA Yes No_X_
Airport Yes No X
r-Diversified Land Services, LLC
Geologic Yes No_x_
Siting & Land Rights Services
Flood Hazard Yes No_X_Panel #080266
Jim McClung
1633 S Lamar St
Lakewood.Colorado 80232
Cell Phone:720244.0726
Phone:303.975.2866
Cnv.OM MG bNn
• •
SUBDIVISION EXEMPTION (SE) APPLICATION
FOR PLANNING DEPARTMENT USE DATE RECEIVED:
RECEIPT/AMOUNT# /$ CASE#ASSIGNED:
APPLICATION RECEIVED BY PLANNER ASSIGNED:
TYPE OF EXEMPTION REQUESTED (check one)
Property line adjustment
❑ Used with Recorded Exemption
❑ Financing Purposes •
• Public Utility Facility
Parcel Number O '1 O 7 - O I - C7 - O o . O 1 cP
02 digit number-found on Tax I.D. information,obtainable at the Weld County Assessor's Office,or www.co.weld.co.us).
Legal Description 's a_t 1T.c,-c L4.cl , Section I , Township 1 North, RangeL(oWest
Has the property been divided from or had divided from it any other property since August 30, 1972? Yes No X
Is this parcel of land, under consideration, the total contiguous land owned by the applicant? Yes 1( No
FEE OWNER(S) OF THE (PROPERTY: /
Name: 1-kc vwe_ L�31,.,�' 4: . - Ca /cPk(0(i�Se—vc;tc-e CA. e-�I C.010 4.-d O
Work Phone#303/57/ -7737 Home Phone# LL Email Address
Address: 5SO /S/G $'-/v¢a-'( , 5 c le "7OO
City/State/Zip Code yet u-e.v- , Cc) YOLo 4 2.5(O
APPLICANT OR AUTHORIZED AGENT (See Below:Authorization must accompany applications signed by Authorized Agent)
Name: — `fluter- {;1 (2 ri La .,r( Se"fie r) LLC.
Work Phone#$o3/g7w-2.x'6(.. Home Phone# Email Address d,uersr&, 1sccovu.cctsF. "e4
Address: \(„�� Sn L.r.
City/State/Zip Code L \cac 603i GO A'07-32-
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. I (we),the undersigned hereby request the Department of
Planning Services to review this Subdivision Exemption on the above described unircorporated area of Weld County.
till., 01.4 ✓ /2-i2 -Zcxu6
gnature: Owner or Authorize nt Date Signature: Owner or Authorized Agent Date
-4-
R
11
1
c1� REFERRAL UST • sF- '�o5
Name: Case m:
County Towns 3 C;ties Are Districts
Attorney Auit Ault F
a Health Ceoartment
3erthoug Berthoua F-?
Extension Office Brignton Briegsdaie F-24
=mercency Mat Office - Ed Herring Dacono Brighter F3
Sheriffs Office _-Eaton E.atcn
r-
A- ubiiC :MorKs Erie - -
— For[ Lupton F-5
Housing Autnonty _vans Galeton F-6
Aircort Authority Firestone F
— Hugsan r-r
_Building :nspecJon sort Lupton Jonnstown F-d
ode Compliance S.-,Ann V-Beth Frederick LaSalle F-9
Kim Ogre (Landscape Plans) Garden City Mountain View F-10
__in (Addressing Change of Zone) Gilcrest Milliken F-11
Amouiance Services Greeley Nunn F-12
Gruver Pawnee F-22
State Hudson Platteville F-'3
Div. of Water Resources _Johnstown Platte Valley F-14
'Geological Survey _Keenesourg Poudre Valley F-15
Department of Health _Kersey Ravmer F-2
Department of Transportation _LaSalle Southeast Weld F-16
:Historical Society _'_ocnouie (Union Colony F-20
_'Water Conservation Board Longmont _Wiggins F-18
Oil & Gas Conservation Commission Mead WindsoriSeverance F-IT
Milliken
Division of Wildlife New Raymer Legal
South Hwy 66 (Loveland) Nonhglenn Parcel ID
North Hwy 66 (Greeley) _Nunn Zone Acres?
_Division of Minerals/Geology _Pierce USDA
Platteville Airoon
Soil Conservation Districts Severance Geo Haz
_Sig Thompson/ FTC _Thornton FP? Panel a
_Boulder Valley/Longmont _Windsor IGA? CRC#
Brighton/SE Weld MUD?
Centennial Counties
Greeley/West Greeley Adams
PlatteValley _Boulder ���(� \ ç
_'Neet Adams _Broomfield
Little'hohomp Thompson Latimer
Federal Government Agencies Other
_US Army Corps of Briars _School District RE-
USDA-APHIS Vet Service _Central Colo. 'hater Conservancy Dist
=ederal Aviation Admin (Structures _RR
i
over 200 ft or wiin 20000 ft of Puo Ditch Comoany,
Airport An E!mgwst (MUD Area) I
Federai Communications Comm
Commissioner
REFERRAL LIST
Name: Public Service/ Home St & Power Cle #: SE-1105
County Towns & Cities _Briggsdale F-24
_Attorney _Ault _Brighton F-3
z Health Department _Berthoud _Eaton F-4
Extension Office _Brighton _
_ Fort Lupton F-5
_Emergency Mgt Office - Ed Herring Dacono _Galetdn F-6
Sheriffs Office _
_ Eaton _Hudson F-7
z Public Works _Erie _Johnstown F-8
_Housing Authority _Evans LaSalle_ F-9
_Airport Authority _Firestone Mountain_ View F-10
_Building Inspection _Fort Lupton _Milliken F-11
_Code Compliance_S.-Ann_N-Beth _Frederick _Nunn F-12
_ Kim Ogle (Landscape Plans) _Garden City Pawnee_ F-22
_Lin (Addressing Change of Zone) _Gilcrest _Platteville F-13
Ambulance Services _Greeley _Platte Valley F-14
Grover _
_ Poudre Valley F-15
State _Hudson _Raymer F-2
Div._ of Water Resources _Johnstown _Southeast Weld F-16
_Geological Survey _Keenesburg _Union Colony F-20
_Department of Health _Kersey Wiggins F-18
_Department of Transportation _LaSalle _Windsor/Severance F-17
_Historical Society Lochbuie
Water Conservation Board _Longmont
Oil & Gas Conservation Commission _Mead
_Milliken
Division of Wildlife _New Raymer Commissioner
_South Hwy 66 (Loveland) _Northglenn _
_North Hwy 66 (Greeley) _Nunn
Division of Minerals/Geology _Pierce
_Platteville
Soil Conservation Districts _Severance
_Big Thompson/ FTC _Thornton
Boulder Valley/Longmont _Windsor
_Brighton/SE Weld
Centennial Counties
_
Greeley/West Greeley _Adams
_Platte Valley _Boulder
West Adams _
_ Broomfield
Little Thompson _Lorimer
Federal Government Agencies Other
US Army Corps of Engrs _School District RE-
USDA-APHIS Vet Service _Central Cola Water Conservancy
_Federal Aviation Admin (Structures _RR
over 200 ft or w/in 20000 ft of Pub _Ditch Company
Airport _Art Elmquist (MUD Area)
Federal Communications Comm
Fire Districts
_Ault F-1
_Berthoud F-2
'9 f � C� �
ail '
, (........--. � \ DEC 15 fl6 In ,
1 I
D CD1)i'TY PLIPI ;C IV,f9?'<S nrPT
C.p Weld County Referral
COLORADO December 14, 2006
The Weld County Department of Planning Services has received the following item for review:
Applicant Public Service/ Home Light & Case Number SE-1105
Power
Please Reply By January 11, 2007 Planner Chris Gathman
Project Subdivision Exemption for a Lot Line Adjustment
Legal E2SE4 of Section 1, T7N, R66W of the 6th P.M., Weld County, Colorado.
Location North of and adjacent to CR 84; approx. 1/4 mile west of CR 37. For a more
precise location, see legal.
Parcel Number 0707 01 000018
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.
D 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.
10 See attached letter.
Comments:
Signature ?A
Agency .4:404 •-•_ ,il Date
4Weld County Planning Dept. 4918 101°Street, Greeley, CO. 80631 4•(970)353-6100 ext.3540 4•(970)304-6498 fax
• „id County Planning Department
CREELEY OFFICE
JAN, 1 0 2007
Atit MEMORANDUM RECEIVED
Hru
TO: Brad Mueller, Planning Department
DATE: 9 January 2007
•
COLORADO FROM: Jesse Hein, Public Wo epartment
SUBJECT: SE-1105, Public Service / Home Light & Power
The Weld County Public Works Department has reviewed this proposal. Our comments and requirements are
as follows:
COMMENTS:
Weld County Road Classification Plan (FHU):
WCR 84 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.
WCR 37, a local gravel road, is located approximately 1/4 mile to the east.
REQUIREMENTS:
Weld County Public Works Department recommends approval of this application.
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 existing access to the property was not shown on the Weld County Road Access Information Sheet.
Applicant shall utilize accesses approved in USR-1592.
pc: SE-1105
M:\PLANNING-DEVELOPMENT REVIEMASE-Subdivision Exemption\SE-1105.DOC
WELD COUY ROAD ACCESS INFORMATIORHEET
Weld County Department of Public Works
111 H Street, P.O. Box 758, Greeley, Colorado 80632
Phone: (970 )356-4000, Ext. 3750 Fax: (970) 304-6497
Road File#: Date:
RE# : Other Case #:
1. Applicant NameP.a.L(ic. Se-it ktceCo. o4 C CA0v-e,oto Phone
Address S 0 /SS, s'4 d',...i. ' 7((00 City `�_ ucz- State co Zip 4OLo2-ggiS(0
w
2. Address or Location of Access ¢B,7 01aaa l76'/S 1...K-112-1...K-112- (P t/
Section / Township 7 A.,/ Range (o( t.J Subdivision Block Lot
Weld County Road #: PS° Side of Road Igor Distance from nearest intersection /320
3. Is there an existing access(es)to the property? Yes No No #of Accesses
4. Proposed Use:
Permanent ❑ Residential/Agricultural ❑ Industrial
❑ Temporary ❑ Subdivision ❑ Commercial ® Other u} (ct1
.....,.....******.***************************************************_******_************************************.......**** **__
5. Site Sketch
Legend for Access Description:
AG = Agricultural
J L__.
RES = Residential C.a.
O&G = Oil &Gas
D.R. = Ditch Road
O = House
O = Shed t
A = Proposed Access d
• = Existing Access 3 F.
Ni
c
7 7
*****_***********.*******************
OFFICE USE ONLY:
Road ADT Date Accidents Date
Road ADT Date Accidents Date
Drainage Requirement Culvert Size Length
Special Conditions
Installation Authorized ❑ Information Insufficient
Reviewed By: Title:
-7-
•
WELD COUNTY ROAD ACCESS INFORMATION SHEET
Weld County Department of Public Works
111 H Street, P.O. Box 758, Greeley, Colorado 80632
Phone: (970 )356-4000, Ext. 3750 Fax: (970) 304-6497
Road File#: Date:
RE# : Other Case#:
1. Applicant NameiP....L(ic. Sevv'e_e C o. c. C' o\ov r rao Phone
Address SSO 1St 700 City `Deiwe.v State cc Zip ?o7.02-447,S,
2. Address or Location of Access W¢s,T 4 /7J'/S toct Py
Section / Township 7 A/ Range Mc Li Subdivision Block Lot nn((
Weld County Road #: Pc/ Side of Road A/ovtL Distance from nearest intersection /320 tit
3. Is there an existing access(es)to the property? Yes y' No #of Accesses
4. Proposed Use:
Sel Permanent ❑ Residential/Agricultural ❑ Industrial
❑ Temporary ❑ Subdivision ❑ Commercial ® Other L1}d,:{l
.,.*..4r.<,****************************************_************....**.***********************************«_******.....,_.....«
5. Site Sketch
Legend for Access Description:
AG = Agricultural
RES = Residential 2
O&G = Oil &Gas
D.R. = Ditch Road
O = House
O = Shed
v
A = Proposed Access Jl
A
= Existing Access
Ni
a
******.*********„***„..************.
OFFICE USE ONLY:
Road ADT Date Accidents Date
Road ADT Date Accidents Date
Drainage Requirement Culvert Size Length
Special Conditions
❑ Installation Authorized 7 Information Insufficient
Reviewed By: Title:
-7-
I t - (1 • County Planning Department
�� GREELEY OFFICE
r '1 De eel,.
eel, .� JAN - S 2007
's % �� D RECEIVED
liRe. �'4,Hf°hlveld County Referral
COLORADO December 14, 2006
The Weld County Department of Planning Services has received the following item for review:
Applicant Public Service/ Home Light & Case Number SE-1105
Power
Please Reply By January 11, 2007 Planner Chris Gathman
Project Subdivision Exemption for a Lot Line Adjustment ,
Legal E2SE4 of Section 1, T7N, R66W of the 6th P.M., Weld County, Colorado. ,
Location North of and adjacent to CR 84; approx. 1/4 mile west of CR 37. For a more
precise location, see legal.
Parcel Number 0707 01 000018
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 C'� �471 /� C- t_t/t °� . ` f
Agency 6l x('',(119//`// Date
:•Weld County Planning Dept. +918 10l"Street, Greeley, CO. 80631 +(970)353-6100 ext.3540 :•(970)304-6498 fax
• •
CERTIFICATE OF CONVEYANCES WELD COUNTY
STATE OF COLORADO DEPARTMENT OF PLANNING SERVICES
COUNTY OF WELD
The SECURITY TITLE GUARANTY CO 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:
The East Half of the Southeast Quarter of Section 1, Township 7 North,
Range 66 West of the 6th P.M. , Except parcel conveyed by Deed recorded
in Book 1299 at Page 9, County of Weld, State of Colorado.
CONVEYANCES (if none appear, so state):
Reception No. 2176043) Book 1299
Reception No. 2172640 V ,Book 1226
Reception No. 1 R 1 7461 tI ,Book gg0
Reception No. 1295198 Page 113 ,Book 1522
Reception No. ,Book
Reception No. ,Book
Reception No. ,Book
Reception No. ,Book
Reception No. ,Book
Reception No. ,Book
Reception No. ,Book
Reception No._ ,Book
Reception No. ,Book
Reception No. ,Book
Reception No. ,Book
Reception No. ,Book
The certificate is made for the use and benefit of the Department of Planning Services of Weld County,
Colorado.
This certificate is not to be constructed as an Abstract of Title nor an opinion of Title, nor a guarantee Title
and the liability of SECURITY TITLE GUARANTY COMPANY,is hereby limited to the fee paid
for this Certificate.
In Witness Whereof, SECURITY TITLE GUARANTY COMPANY, has caused this certificate
to be signed by its proper officer this 4th day of December , 20 06 , at 5:00 p.m. .
Security Title Guaranty Co. SECURITY TITLE GUARANTY CO
Company
3690 W. 10th Street,Second Floor �,•�
Greeley,CO 80634
970-356-320(1•Fax 970-356-4912
By:
ut orized a
- B 1� REC 02172640 O3/O7/89 08:39 3.00 1/001
AR2172b4C - F 0� MARY ANN FEUERSTEIN CLERK & RECOVIR WELD CO, CO
AR2b76043 C' .--YYclf t e'd, j
O THIS DEED is a conveyance of the real property described below.including any improvements and other appurtenances(the
o U "Property")from theintlwrtlua(eh corporation(s).partnership(s),or other entity(Iasi named below as GRANTOR to the individual(s)
O or entity(fes)named below as GRANTEE.
---m .
Thy GRANTOR hereby sells and conveys the property to me GRANTEE and the GRANTOR warrants the title to the properly.
D except for(t)the lien of the general property taxes for the year of this deed,which the GRANTEE will pay(2)any easements and
q rights-efway shown of record(3)any patent reservations and exceptions(4)any outstanding mineral interests shown of record(5)
e7 any protective covenants and restrietians Shown Of record.and(8)any additional matters shown below under"Additional Warranty
041
41 Exceptions".
The Specific Terms of This Deed Are:
a Grantor. (owe OS
y(d e end payers)of residence.if The speuse of the owner-grantor a p in imnethis Den to release homestead rights,identity
agrantors n husband and wife
O WOLF FARMS, a limited partnership
ra 3405 W. 16th
w
a Greeley, CO 80631
..
m Grantee: (Ave stamen)end adNMre).statement of address,including available road Of street number,is reputed,
W MICHAEL E. WOLF and KAREN KAY WOLF
ma 17815 WCR 84
co u Ault, CO 80610
tax
el ly Form of Co-OWnershlp: or there are two or more grantees name.they will be co: Metered to taken tenants in common unites the words"in'
DI pint tenancy"or wards of the same meaning are added in the span below I
c m in joint tenancy
a
a
co
W property.Deseripsont flncNde County and stale l
O p, The East Half (Si) of the Southeast Quarter (SE}) of Section One (1), Township 7
n North, Range 65 West of the 6th P.M., Except parcel conveyed by deed recorded in
-z Book 1299, Page 9, Weld County Records, Weld County, Colorado.
IN
AC
This deed isfrecorded to correct description as the E1/2 SEI/4y Section 1,
o a Township 7N, Range 66 West of the 6th P.M..
P1
a
On Da State Documentary Fee
N ND
ye Dme/�"hdr4 9,/9/9
o
01 Lu
Property Address: 17815 WCR 84 $ ... JJ.Oc�^
Consideration: amstatement of a doter em.urlt is options:'adequate consaerafwn for ibis deed will be presumed unless mnconreyanu4
identified as a P16 in any case this conveyance is absolule.Iran end unccddnpnat I
ReservatIons-Restr)otIOM: Ilf the GRANTOR intends to'name any interest lathe property or to convey less man heowne onl meGRANTOR
is restricting the GRANTEE'S coot in the property.make approprute indication I
ED: Resetaing unto Grantor an undivided one-half of all oil, gas, and other minerals in
and under said property, together with the right to enter, explore for and develop
c the same.
C Additional Warranty Exceptions: (include Mans of trust being assumed and other matters not covered about I
5
Subject to prior reservations of oil, gas, and other minerals, easement, reservations
3 n and restrictions of record or established on the premises, and general property taxes
for 1989.
C.'
Eracuted by the Grantor on March 2 Ia 89 _
Signature Clause for Corporation,Pune:shp Or Aaaoclatbn: SItxMtare Clause lx lndHdwlft):
WOLF FARMS, a Limited Partnership
Name
ee of Grantor C0porauon,Panne sap or Association Granmr
By ;�%i i.-7.f+7.d 1 -.r a/
Martha Wolf, General Partner Gran'or
By
Attts�y_`. atrR Gram;4
. .. COLOR
ft�e . , as
FTC 7 ent was acknowledged betare ma this 2nd dayof March, .*89
#9' fillth kiQIlit the General Partner of WOLF FARMS, a limited Partnership /
ii my and andejcui seal y 2/7/
Ny 'weempfrlf' October 9, 1990 . a/!�' �.!,<...a,gc,-i.G:
Or (0' Notary PuNfe
STATE OF
COUNTY OF I as
Tne loregorng msnament was achnowlaglc before me this day or ,is
By•
I'nam secretary co Crrammlel or if Gravid eCorporabon.Partnership orAa.ocianon.than identify spnana moment or vice prarnntandsee:enry or
assry adoration,or as partnerlal of partnership.or as authoring mdnbe's)of association 1
WITNESS my nano and orrcial seat
My eammlaapn aspire,: Newry Public
t Mel UPDATE LEGAL FORMS MO.201
P O Boa laf 5-Orrin.Colorado 80639
t303)356.8310 /cry...'. 7. cU
p t p rk l,�e W}r to '„ , ris� h dal 0. 'b'y
c rn9
• � ., t s,,,ry; / 1 t I '{ fIl¢! h„ o, ,ut-,:• I i
,.}Wi,�y@ .x,,n., 't LL.�' .i g° ,".,�ttidQ1. �� sstMk L y�_ ..»e.'c i�'•i I f n
•.�. BorA`a /0 Q & s// ., U[-N.2.(}J9Z9
w �.
I- •
' Recorded al n125 • Barak Pnlx, 95
1812463 r� JM yJ r¢ Recorder.. m
Reception No ... ..........7`7.. ��!R ��'•�+•s�a�s4a�(lW 1NelA�r 5.ink. feLswMa
"' C'�-9&Yimjty4Dee(1
THIS DEED Is a conveyance of real property from the person(s)or legal entity named below as GRANTOR to the =-t
1.. , i person(s)or legal entity named below as GRANTEE.
- �_r c:. The GRANTOR hereby sells and conveys to the GRANTEE the real property described below with all its • � , �s=.
;'+a appurtenances,and the GRANTOR warrants the title to the property,except for any particular matters described {
.[� a below under"Additional Warranty Exceptions"and except for the lien of the general property taxes for the year of o , :
i3 this Deed,and except for any of the following matters evidenced or established by recorded document easements,
gar rights-of way, mineral reservations or grants,mineral leases, and protective covenants and restrictions.
yd/"' a If the Grantor intends this Deed to convey less than his entire interest in the P otxr'y or d the Grantor intends In impose restmiions on the %.•
,"41
a
Grantee's use of the Property,then appropriate language has been added beta under"Reservations And/Or Restrictions ;,,`
II Mereare Iwo or more Grantees named to this Deed,they are accepting this conveyance as tenants in common,unless the words"pint tenancy ,
"'J a with right of survivorsbtp"or'pmt tenancy"have been added below under"Form.of Co ownership" e A 't'
- Tio
he Grantor acknowledges than here a good and/orotlemnsideraion for this Deed.and that the consideration is adequate,l ha indication of D e�;(
, _ a dollar amount below under"Consderation"does not necessarily mean that the stied amount'athe only considerationlo-this Deed.and l he _ ,,t
absence of a stated amount under"Corsidnatwn"is not Intended to indicate that there s n consideration for this Deed. h,
on
The following information completes this Deed: n 4.•
--:--.1
1v J GRANTOR:(G..Namelsi,Adesessfesl.and Marital Status)
MARTHA WOLF — •s.
—..,...x ; Route 1, Box 189 ; State ➢d rurnertary Fee E4";
Au7� [�of credo 80610DEC )) s ' 'a^
'e ry GRANTEE (owe Namalal.A3ResEp DE 2 0 1979 r Ile
Date.__ _...__. ......__. ..
1 =• WOLF FARMS, a limited partnership c'' r
L = $ 1y27 6
Route 1, Box 189, Ault, Colorado 80610
FORM OF CO.OwNEBS " .
j3S PROPERTY DESCRIPTION: `
-,:,f! The East Half (E') of the Southeast Quarter (SE4) of Section 1, Township 7 North,
Range 66 West of the 6th P.M., Weld County, Colorado, together with the Anders W.
Anderson Section 1 Well System, consisting of three (3) wells, as decreed by the ggaxa
District Court of Larimer County Colorado on September 10, 1953 in Civil Action No. £7a
11217, entitled "In the Matter of the Adjudication of Priorities of Rights to the ?'k:
use of Water in Water District No. 3, Water Division No. 1, of the State of F <. .
Colorado", a certified copy of which Decree has been recorded in Book 1373, Page
'.1 526, Weld County records.
im,:
n
PROPERTYADDRESS: Route 1, Box 189, Ault, Colorado 80610
'Y' es. CONSIDERATION: Ten Dollars and other good and valuable consideration
N
RESERVATIONS AND'OR RESTRICTIONS:III none,leave hank' —
4.
'•'I ADDITIONAL WARRANTY EXCEPTIONS:III none,lease Manic Excepting therefrom that portion 95 feet by 44;
80 feet lying in the Southwest corner thereof conveyed to The Home Light and Power ,,:
Company by deed recorded in Book 1299, Page 9, Weld County records.
Signod on November 3 19 79
et.,,,..,
nuunrrny,
...... YZ�t,' G( tv! Grantor
Grantor
G Vat) 1
umachnoakdpdbdoematha 3rd ;dAvel , vember //• •19 79 ,.,.
• 4711#11fl and mlRulesAl �`( /u It- �VG iVn�i" \,.
Myerprn l4— - ,
Juno 27, 1061 Netary Pub&
STATE Of' 1 w :i
Claret/OP I
rhrkggrstyi ,fumrt al RthnoMSgdMIREmrils drivel ,19 ,.:
by
W1'tNF44 malted ando6RW wrig -�.
MynRtwlRwn astray .
.
. W M
..
n,� .n r,ann enuaes a / �lpN 1Z 14S0 '
i AM •• r -it,. 4'iN "j'14.1ti Tn.ea Leader. `€ {71.7 4 '
d
A _
an ll . JeF M
- JR yy
' : W,',, A4s .'Aldo �SC ted rMMO* J. AlIDN
a
• _... :rte r' �m.r.p. « 4 ,,,.. "r' post. .Mitid. '"u. .W Sow of Ganda
' '" +�.1r • etbsr vslabls esnadsiretioni,end Ten - - - - nein
ti ) wsr0Yc Maj. NM war,. 4; F , -
x,
. e * •0ti aid NleilLS0V. IN rent -TAh►MCT
' 1. s nnes..t,.r r r !; p..d r Weld 1 4 was,t crrur N..,, v
m , irk, <S ,.7 foss- di .. ..
1_ * , h.�i t sit+CS) et Psi saura�lst %art.e 1=*) or motion ace (1)
i snan,(7 „Marsh„6age'�$ittysse (62) foot of the 6th P.M.,
er etth tl tkageers N Mderson$eetimj elell spate, easiating
t 4 , ithrie (3);w�isi; elssedeerScd byrthe District Court of brinier novelty
{ erects a feptster 1"0"'t\1955 intdiril•Action to. 11217. entitled
U - atter of the MJediestiosof,Priorities of sights to the use
' {is' 'alts ekt;5i. Jj-*ter Division Mo• 1, of the Stets
"•_ 1 - i''ee Sidsespy..e rich- Dec .c his been rsoarded in
! ' 7J'3 Mii WitdtC. atrrRsaords,
ft tye!rra M ( bne$dsteribed tint that portion 95 Poet by
tc ly4ss "�tlt�slsethessreofner thereat conveyed to The gone
�' and ressr.eaapsw by:dead rnorded in Hook 1299, Page 9, weld
ant' .Alrcerda. i,+'4 •
- . yloste;Onntors.•:as joint;,tenants end not ee tenants SA ;
t`g£ e sa mdi did aafs�slt, torstaSn and to s11 oil, gas and other
k to -lir ' Id6rAthe' snrfsas of the flows described land, together
t ii1 tle to f it ssp�asnn ifidKpnM.se sect uw ae ash of the
' se lie $ly'be neeesssry for operating, drilling
5 , .e q — eT{�✓�v act:.r' ii
•
C
c £
i• hfby, s. LTC r Jsipt'Tinsaf y
„,.,, ,�4 .e.a b.A.___. . rd err coati.s•.tentaY reserhtiar Of eel by i'�t
the Union"Pselpierinstroietnenpaay=]rights ofmsay rot OeSWl� Redet a„'.
sad:te The Has Light-sad leas!•Cespsrp.tar•pasar,trsaiasion linos
�'y `„ ;iltieh right ot"'iaykis°•reeerded•Sn-Rech..1301,:,Pa W59, Weld County ..
. Macordsi te-iooinsia sitbia'1arthsra riolersdf NoteCanssneMy �_
District and last Gn.ioy soil Canprsstie District.
'1
awed W as. /0 t Je/'a/elf/. I .A a.N {
"�+,¢ is wee ranee )44��((. -L4-/ / '(.y (4teii . taw v�r-
•
ltr
.r.nn or sou:m a "r4.,:-•:,.,.
cam.r.1wtt .
{
n.......a t..r�.r r esa.ear.l Slim set s1. /0 1i.e t Janus r7
n59.w. Mare I. 0104020.1 ad a Prates
es J. Anderson, end each or tea,. `
,. wrestle a sr w s a .at w
iti4 ,s �y'• own *rob L 7963. 8 , .
Wan was.
KTn � fi `
se ire.�. Y r en s AR,
k+l r t, +�
z
«„% ' . f `^5. Ls r.4 4 m•`t s:?!* 4 iii}' :� 7.*
rka,,-:..:.?$.2..`a _ k..s,.ion
I
.4µ
t etsaed ar�_ .._raek..I._Tf 27r"4t _
ges.pela xa1l0rlM (y Amp — "... _Reader. L
Tres Den,tilade this 19th S
ta
one thousand else bed,ad and fifty-one drew Anders W. Anderson and Lsn is1:Frances J. Anderson Al ice,
of the corny of Weld _ and State of Glenda,of the fiat perk and • ;:n
The Home Light and Power Company ,µ .
• tles x
minim.:sad stating wader Mad by virtue of the as of the star n Colorado ,of the mined part: ' `.Zt "
WITNESS:NIL That tke mid parses one sett eget 1 .
TEN DOLLARS (S10.00) and other - " ". c n` de atimettpd
good h and ty el the d park the
d whine s.to i-
ete the said part its of the fine part in had raid by the said party art the.Lead our. need wine.!ta �-
hereby confessed sod seknowledged.hate granted,bargained,sold a amen,Sad am Sad b thew pwets do j:
gnaw bereain,sell,marry and mdrn.Vete the and WO of A.second sea,as semeasee and then ferns, i
a
ail the fallowing described lot or parcel dint skte,lime W ice the t"!
d Weld and State of CNar.d.,4wlt: Ce�y
•
0 A parcel of land in the East Half of the South— - I I'
, east Quarter (EASE{) of Section One (1), Township
Seven (7) North, Range Sisty_sim (66), West of
the Sixth PM more particularly described as follows:
�:. beginning at the Southwest corner of the East Half
of the Southeast Quarter (Welt), thence North
Lou • 95 feet along the West boundary of said Jan Half
of the Southeast Quarter (E}eEt), thence East $p 5D
fee •t r. """"_ Half to
the
etSouth
Quarter
boundary of said East
95 feet, thence West So feet t togthe point thence South
- ginning, excluding thatndipt of us_
parcel of land previously
• lE conveyed to Weld County for public roads,
r
@rJ.
F
.
1.
x TOOSTHHU with all sad C- rb+gsiar the hediteaate and appurtenances thereinto
appertaining,ad the rereder,sad rererains,,easieder and was dam,nets,Meese d prole.thwart;rt aunwW
C. the orate,rft,title,Latest,daM ad deaps whatsoever of the said first P r sal all
or ewviy.of.in and to the errsDent Sas Ode first Part,either Ill Ina
:...: largalaed praises.with the h•natatsata sad appeteaama,
Y. TO HAVE AND TO HOLD the said preens then ee bargained sad described,with the gnarbieae unto the
'.:. said party of the tit sveesssses ad amigo forever.And the said parties of the first them selves, ore,and dvniatraten,doPart.with
Par.Sun sweaeon and assigns, covenant,great haegein andacres to and
the saiapa they are well mind of the gns,that at the time of the les above cotrrandi st of ood,se,Perfect'needing and delives of these
idefeeaible estate of inheritance,fa ink In foe staple,and hate good rift,fall power and lawful authority
sod
to Prento hernia,sell sad eaten the sue is maser sad farm as aforesaid•and that the same an free and elan from
/ all formed gifts,r a other gts,huff.salts,them taus,saver enta and taesmbnaees of whatever kind or nature
subject to Deed of Trust dated March 22, 1950, recorded
r.,. in Book 1266 at page 54e, Weld County records.
sad the above rf and bargained stalest all ad fist ad pease d W W pert'n Nun mad poet as
A j
y,". thereof,the sa wain;parties n the amt.tap psew au permsLwfai field et m the the wholeae Mg part
t
ouraWladvendWA,WNr AND loflvQDETQfp, t
MTNaBB wagaxaar.The said parties of the Met
yet is ye M,fia..eat their haft and scald
do ad you firm ahem wrap..
- Egged. SaMd end Deaad h ta the Pram n - '>3
k ._ —(aura
r, , t'Oft , :ovset allasnalgelw wreaths � sr le ':Mnreh t7 .„1
t �,tF.
^- 9 'o efiYsfiel gdbL G -s
MR 01t S 4 ''•` ',
1 ,i vend � P, Yt l 1 V
17167 111 • •
laa
Y s i £•- a I � Il i4
a h L fRA cd 7 q
r td `a a Bit
La„r z q c
ag ih aq i f 4q '$ 2 f'{a 3 jiiI e£q>$ IXII ; 2� °e IF
e, Aft ££ o f t Le L 5 .i[2 q 4 5ae2�� S .. ! K ? �9 ¢ag-
N fi5 ifY Pi il.p A L fu S ill 3 ! Pc° �qt£ t 1£ >ii≤ re y' P£,
G = d'e1 va i a i.2 i X77$ } ill -- a F•t SPA 1`a -A° , I —r-I-53 3�3e
a 3e ° 7 0SS ae t * 'y't(i( 35 at :q �i S8&c jai ( de.
~0 xq (9q¢ I'! tt 5a e EG C Ill j v£5xavq � a e i4
3 a e 9 Y 'Y e 4 ra Y q :
ej T O eis t f R 2 q 49 a ^c 9 de" @gq" e 2
ap W i 70 in 2 a° °} 4at `iE Y !fl'
F 'Z gxi ' 'a ai £2z x2 6 I �� a}{q W = a :1 fyR yyF} ppv �£i 'y dnpp. [N Q Y ff 9i � d e$a ie • Id 2ii.
! hi2 c : t FA, q. -9!x238 " A aif
a o1
r W W
Ca N l— pp
N Q a I "§S3 ; S 9 € eu^ 2 2g� '- 2iq i vi L of h9ihi!i
t1 C SL s £.2 I e e2 , 12 igs,f i p' 2P2gg It i1 t'IQ52 e?= O ae2 e,C1C q 'ad L '- }0 Y �' 4° P ° i 9 .; tl k hIpi S £' e � S is99e R 3g '•eIv � I 9 �2 IIdl§ ' lei i i,9 et.£e Y YE API lil .. Ii I £a :..9 eY pp - 3 aa.e a; a q ¢„ L � �aLG{Lv:
,$ r c @9 r, a ;P €i e:i i; �q a �L s €fi 3 ;Ail!,il zw} 3i lit
W is o PA q�IFO 1 19e t epglq.' pp pp ii! -Ili 1l a$s1 r Iaqqi a9Ia ii.
r 7 W C1 r€°9 . g=g Stl I: ';ti Nt II Ei ! 2y2H I G Pe4iYe t al, 33viae�€,£It1 222 q
6 0 S '�I`f r a F 9.3 L1 � rt v�� s al, a .yS[a
N F 5; a het + P. j lii -Li S a, Sid Ps a`-i2 a;42 it(£lte 2a:°�i}e} eS 72 SS
W W p .rt °PC a S ile alc I}qRa i CR if2 a3g3FwF Ii: v:ei'fq ip', tti, alk t li :ere2,
K I O }i qIe£ 9 3 gal 3 § Es dies 4 adil 2 iqi- a v¢Ig° ea !l
W F F S ai.s S I3• it 3' Ike: 6a gS, '63 2,1•' R3v iqq�q,3l £a3 2q€2i¢d•e2Yl2 I4¢29I
p N § set qS a t t1 q a�� q2a a YSpp i s v°:€I { iY 2{. f4� e° E r. t
'O O W 9 £5a' : t 229 r: 74 la• Ze !e 2:€2 { v2geig3�g Oh! aft itp i 1I 2 '2,2222
W W ; ql °ds}3 aft Yi riie .4 a 7f M
yJ tD SF ppFLa ei c °s4;a l' et
9 a .� � Eg 1� t � �ti'q2 3f qe. WM
�2 3IiMI!
£. Q tD a2i E` €. i 9 ea, IIIIhli
i viO I W aq d d7 e aei3 {a 2q 2 °$0 u e I'ka I;• YII 9 ' i° f• Ce ! isas ! IIC a za'2s1 R. I s0 pi,' In°q Ind Ise1I! q! Teel I -? I : .
W
W
I I
P. P-
IA. K
O Oi.¢
a e A g,, .r a ! gsstl Q
�.• w , al EIP 1
i '2 " �Y a ga
:is 2zG Se
c 5 Ili 11i4
x - v.e a,'St oBa �i
Y n f .1 +B+ £,.
P 2 ar' tla .".M ` d 0 Iii YiP-.QR
`IaYY
L'''
�\\� .e not ..rc nn,n f
2°. _ o f d i i i 6 S Rq
k r:. "r? s a 7a E °s 2 2 ; pii d q s Sh
ti o 2 ₹2 3 3 ea g 3 3 ii 3
a ,,�� p 3 3 3f 77 y L Yeq s
a�. p� _____ ,m,eoo .—_— y �as !2 a 1 6Y }� r 0 t
m� 3 R�
Ili ass [2 a rs '`I PIS ea 26 5
%9k 2 a a' t. 4' ' I as � t£ ! I:g
H' 6q8 ° -2 2s aY 9R I- d taa is @- is 4f3
{a; f@ a eeifa4 § II of
f e D. §C. 0 of 2€ a ae a: _ t2 I2
II Yt e 4) e e € O e e
'jb lU lH
rip
I I d yiy
-t: S- r' a •a p tl S
E - :1 11 9
q
111111 !10111111111111111111111111111till1111 •
3375755 04/03/2006 02:26P Weld County, CO
1 of 1 R 6.00 D 8,00 Steve Moreno Clerk&Recorder
755 WARRANTY DEED
THIS DEED,made this 28th day of Marc1006,between MICHAEL E.WOLF AND KAREN KAY WOLF
of the County of Weld and State of((✓✓, grantor, and MICHAEL DELANEY whose legal address is TBD
Weld County Road 37,Ault,CO 80610,of the County of Weld,State of Colorado,grantee:
WITNESSETH, that the grantor, for and in consideration of the sum of EIGHTY THOUSAND AND
00/100 DOLLARS ($80,000.00), the receipt and sufficiency of which is hereby acknowledged, has
granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and
confirm, unto the grantee, his heirs and assigns forever, all the real property together with
improvements,if any,situate,lying and being in the County of Weld and State of Colorado described as
follows:
Lot A of Recorded Exemption No. 0707-1-4 RE-4264, recorded February 7,2006 at Reception
No. 3361353, being a part of the East Half(E1/2) of the Southeast Quarter(SE1/4)of Section
One(1),Township 7 North,Range 66 West of the 6th P.M.,County of Weld, State of Colorado
also known by street and number as: TBD Weld County Road 37,Ault,CO 80610
TOGETHER with all and singular the 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,either in law
or equity,of,in and to the above bargained premises,with the hereditaments and appurtenances.
0 TO HAVE AND TO HOLD the said premises above bargained and described,with the appurtenances,
N - unto the grantee, his heirs and assigns forever. And the grantor, for himself, his heirs and personal
�O representatives,does covenant,grant,bargain and agree to and with the grantee,his heirs and assigns,
that at the time of the ensealing and delivery of these presents, he is well seized of the premises above
)I 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
CL manner and form aforesaid, and that the same are free and clear from all former and other grants,
bargains, sales, liens,taxes, assessments, encumbrances and restrictions of whatever kind or nature
whatsoever,except:
general taxes for the current year and subsequent years subject to restrictions, reservations, and
covenants of record and except easements and rights of way of record,if any.
The grantor shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the
quiet and peaceable possession of the grantee, his heirs and assigns, against all and every person or
persons lawfully claiming the whole or any part thereof.
The singular number shall include the plural,the plural the singular, and the use of any gender shall be
applicable to all genders.
IN WITNESS WHEREOF,the grantor has executed this deed on the
��date
//ssetet forth above.
Mich ei E.
lf� �j
Karen Kay Wolf
STATE OF Colorado
COUNTY OF Larimer
I,Sonya R.McAleenan,a Notary Public of the County and State first above written,do hereby certify that
the foregoing instrument was acknowledged before me this 28th day of March,2006,by Michael E.Wolf
and Karen Kay Wolf.
W' s my hand d ici seal
/
Sonya . cAleenan, to ublic
My Commission Expire : 01/22/08
fter recording return to:taCtrtht
Fre:...........A
LEENAN
BLIC12+3W. traSL.. ORADO
r4.l1iS� JO µy Cnmm�csion Fxniree 0112212DU5
OFile No.: 1421422
INDIVIDUAL TO INDIVIDUAL WARRANTY DEED(Individual)
Chicago 0
• •
CONTRACT TO BUY AND SELL REAL ESTATE
(VACANT LAND—FARM—RANCH)
Date: /2-/-2(1O(O
Purchase Price: $16,500.00
1. AGREEMENT. Buyer agrees to buy, and the undersigned Seller agrees to sell, the
Property defined below on the terms and conditions set forth in this contract.
2. DEFINED TERMS.
a. Buyer. Buyer, Public Service Company of Colorado will take title to the real
property described below as Corporation.
b. Property. The Property is the following legally described real estate:
See"TRACT A Rev 1"attached hereto
in the County of Weld, Colorado together with the interests,easements, rights, benefits,
improvements and attached fixtures appurtenant thereto, all interest of Seller in vacated streets
and alleys adjacent thereto, except as herein excluded.
c. Attachments. The following are a part of this contract:
Legal Description of property described as"TRACT A Rev I"
d. Water Rights. The following legally described water rights:
None.
e. Growing Crops. Any growing crops on the property shall be transferred
to Buyer at the time of closing. Seller shall have no right of entitlement to growing crops
after the closing. The cost of the growing crops is included in the sale price of the
property.
3. PURCHASE PRICE AND TERMS. The Purchase Price set forth below shall be
payable in U.S. Dollars by Buyer as follows:
Reference Item Amount Amount
§3 Purchase Price $16,500.00
§3a Earnest Money $10,000.00
Cash at Closing $ 6,500.00
TOTAL $16,500.00
Note: If there is an inconsistency between the Purchase Price on the first page and this §3,the
amount in §3 shall control.
Xcel.Dir/AultSubstation.Dir/ContractToBuyandSellRealEstate Page 1
a. Earnest Money. The Earnest Money set forth in this section, in the form of a
corporate check is part payment of the Purchase Price and shall be payable to and held by Seller
(Earnest Money Holder), in its trust account,on behalf of both Seller and Buyer. The Earnest
Money deposit shall be tendered with this contract unless the parties mutually agree and set froth
a different deadline in writing for its payment. The parties authorize delivery of the Earnest
Money deposit to the closing company, if any, at or before Closing. In the event Earnest Money
Holder has agreed to have interest on earnest money deposits transferred to a fund established for
the purpose of providing affordable housing to Colorado residents, Seller and Buyer acknowledge
and agree that any interest accruing on the Earnest Money deposited with the Earnest Money
Holder in this transaction shall be transferred to such fund.
4. EVIDENCE OF TITLE
a. TITLE AND SURVEY REVIEW.
A. Title Review. Buyer shall have the right to inspect the Title Documents.
Written notice by Buyer of unmerchantability of title, form or content of Title Commitment or of
any other unsatisfactory title condition shown by the Title Documents, shall be signed by or on
behalf of Buyer and given to Seller within five(5)calendar days after receipt by Buyer of any
change to the Title Documents or endorsement to the Title Commitment together with a copy of
the document adding any new Exception to title. If Seller does not receive Buyer's notice by the
date specified above, Buyer accepts the condition of title as disclosed by the Title Documents as
satisfactory.
B. Matters not Shown By the Public Records. Seller shall deliver to
Buyer, on or before December 15,2006 true copies of all leases and surveys in Seller's
possession pertaining to the Property and shall disclose to Buyer all easements, liens(including,
without limitation,governmental improvements approved,but not yet installed)or other title
matters(including, without limitation, rights of first refusal,and options)not shown by the public
records of which Seller has actual knowledge. Buyer shall have the right to inspect the Property
to determine if any third party has any right in the Property not shown by the public records (such
as an unrecorded easement, unrecorded lease, or boundary line discrepancy). Written notice of
any unsatisfactory condition disclosed by Seller or revealed by such inspection shall be signed by
or on behalf of Buyer and given to Seller on or before January 3,2007.If Seller does not receive
Buyer's notice by said date, Buyer accepts title subject to such rights, if any, of third parties of
which Buyer has actual knowledge.
C. Special Taxing Districts. SPECIAL TAXING DISTRICTS MAY BE
SUBJECT TO GENERAL OBLIGATION INDEBTEDNESS THATIS PAID BY
REVENUES PRODUCED FROM ANNUAL TAX LEVIES ON THE TAXABLE
PROPERTY WITHIN SUCH DISTRICTS. PROPERTY OWNERS IN SUCH
DISTRICTS MAY BE PLACED AT RICK FOR INCREASED MILL LEVIES AND
EXCESSIVE TAX BURDENS TO SUPPORT THE SERVICING OF SUCH DEBT
WHERE CIRCUMSTANCES ARISE RESULTING IN THE INABILITY OF SUCH A
DISTRICT TO DISCHARGE SUCH INDEBTEDNESS WITHOUT SUCH AN INCREASE
IN MILL LEVIES. BUYER SHOULD INVESTIGATE THE DEBT FINANCING
REQUIREMENTS OF THE AUTHORIZED GENERAL OBLIGATION
INDEBTEDNESS OF SUCH DISTRICTS,EXISTING MILL LEVIES OF SUCH
DISTRICT SERVICING SUCH INDEBTEDNESS,AND THE POTENTIAL FOR AN
INCREASE IN SUCH MILL LEVIES.
Xcel.Dir/AultSubstation.Dir/ContractToBuyandSellRealEstate Page 2
In the event the Property is located within a special taxing district and Buyer desires to
terminate this contract as a result, if written notice is received by Seller on or before January 3,
2007 this contract shall then terminate. If Seller does not receive Buyer's notice by such date,
Buyer accepts the effect of the Property's inclusion in such special taxing district and waives the
right to terminate.
D. Right to Object, Cure. If Seller receives notice of unmerchantability of
title or any other unsatisfactory title condition or commitment terms as provided above, Seller
shall use reasonable efforts to correct said items and bear any nominal expense to correct the
same prior to Closing. If such unsatisfactory title condition is not corrected to Buyer's
satisfactory on or before Closing, this contract shall then terminate; provided, however, Buyer
may, by written notice received by Seller on or before Closing, waive objection to such items.
5. PROPETY DISCLOSURE,INSPECTION AND INSURABILITY; BUYER
DISCLOSURE. The Seller previously executed and delivered to Buyer a disclosure form dated
July 31, 2006 which is incorporated herein. Seller agrees to update and immediately deliver to
Buyer a revised disclosure form in the event there are any changes to Seller's previous responses.
a. Inspection Objection Deadline. Buyer shall have the right to have inspections
of the physical condition of the Property and Inclusions, at Buyer's expense. If the physical
condition of the Property or Inclusions is unsatisfactory in Buyer's subjective discretion, Buyer
shall, on or before August 3,2006:
(1) Notify Seller in writing that this contract is terminated, or
(2) Provide Seller with a written description of any unsatisfactory physical
condition which Buyer requires Seller to correct(Notice to Correct).
If written notice is not received by Seller on or before 5 days prior to closing the
physical condition of the Property and Inclusions shall be deemed to be
satisfactory to Buyer.
b. Resolution Deadline. If a Notice to Correct is received by Seller and if Buyer
and Seller have not agreed in writing to a settlement thereof before Closing this contract shall
terminate one calendar day following, unless before such termination Seller receives Buyer's
written withdrawal of the Notice to Correct.
c. Damage,Liens and Indemnity. Buyer is responsible for payment for all
inspections, surveys, engineering reports or for any other work performed at Buyer's request and
shall pay for any damage which occurs to the Property and Inclusions as a result of such
activities. Buyer shall not permit claims or liens of any kind against the Property for inspections,
surveys, engineering reports and for any other work performed on the Property at Buyer's
request. Buyer agrees to indemnify,protect and hold Seller harmless from and against any
liability, damage, cost or expense incurred by Seller in connection with any such inspection,
claim, or lien. This indemnity includes Seller's right to recover all costs and expenses incurred
by Seller to enforce this subsection, including Seller's reasonable attorney and legal fees. The
provisions of this subsection shall survive the termination of this contract.
6. CLOSING. Delivery of deed from Seller to Buyer shall be at closing(Closing). Closing
shall occur within 30 days of the Buyer receiving approval from Weld County on its property
exemption application for the subject property and the successful recording of the same with the
County Clerk and Recorder's Office(Closing Date). The time and place of Closing shall be as
designated by Buyer.
Xcel.Dir/AultSubstation.Dir/ContractToBuyandSellRealEstate Page 3
7. TRANSFER OF TITLE. Subject to tender or payment at Closing as required herein
and compliance by Buyer with the other terms and provisions hereof, Seller shall execute and
deliver a good and sufficient General Warranty Deed to Buyer,at Closing, conveying the
Property free and clear of all taxes except the general taxes for the year of Closing. Except as
provided herein,title shall be conveyed free and clear of all liens, including any governmental
liens for special improvements installed as of the date of Buyer's signature hereon,whether
assessed or not. Title shall be conveyed subject to:
a. those specific Exceptions described by reference to recorded documents as
reflected in the Title Documents,
b. distribution utility easements,
c. those specifically described rights of third parties not shown by the public
records of which Buyer has actual knowledge and which were accepted by
Buyer,
d. inclusion of the Property within any special taxing district,
e. the benefits and burdens of any declaration and party wall agreements, if any.
8. PAYMENT OF ENCUMBRANCES. Any encumbrance required to be paid shall be
paid by Seller at or before Closing from the proceeds of this transaction or from any other source.
9. CLOSING COSTS,DOCUMENTS AND SERVICES. Buyer and Seller shall pay, in
Good Funds,their respective Closing costs and all other items required to be paid at Closing,
except as otherwise provided herein. Buyer and Seller shall sign and complete all customary or
reasonably required documents at or before Closing, including but not limited to Weld County's
Recorded Subdivision Exemption documents for the Seller's property. Fees for real estate
Closing services shall be paid at Closing by Buyer.
The local transfer tax of the Purchase Price shall be paid at Closing by Buyer. Any sales
and use tax that may accrue because of this transaction shall be paid when due by Buyer.
10. PROBATIONS. The following shall be prorated to Closing Date, except as otherwise
provided:
a. Taxes. Personal property taxes, if any, and general real estate taxes for the year
of Closing, based on Taxes for the Calendar Year Immediately Preceding Closing.
b. Final Settlement. Unless otherwise agreed in writing,these prorations shall be
final.
If Seller, after Closing, fails to deliver possession as specified, Seller shall be subject to
eviction and shall be additionally liable to Buyer for payment of$1,000.00 per day from the
Possession Date until possession is delivered.
11. NOT ASSIGNABLE. This contract shall not be assignable by Buyer without Seller's
prior written consent. Except as so restricted,this contract shall inure to the benefit of and be
binding upon the heirs, personal representatives, successors and assigns of the parties.
12. INSURANCE; CONDITION OF,DAMAGE TO PROPERTY AND INCLUSIONS.
Except as otherwise provided in this contract,the Property,Inclusions or both shall be delivered
in the condition existing as of the date of this contract, ordinary wear and tear excepted.
Xcel.Dir/AultSubstation.Dir/ContractToBuyandSellRealEstate Page 4
a. Casualty Insurance. In the event the Property or Inclusions shall be damaged
by fire or other casualty prior to Closing, in an amount of not more than ten percent of the total
Purchase Price, Seller shall be obligated to repair the same before the Closing Date. In the event
such damage is not repaired within said time or if the damages exceed such sum, this contract
may be terminated at the option of Buyer by delivering to Seller written notice of termination.
Should Buyer elect to carry out this contract despite such damage, Buyer shall be entitled to a
credit, at Closing,for all the insurance proceeds resulting from such damage to the Property and
Inclusions payable to Seller but not the owners' association, if any, plus the amount of any
deductible provided for in such insurance policy, such credit not to exceed the total Purchase
Price.
b. Damage,Inclusions and Services. Should any Inclusion or service(including
systems and components of the Property, e.g. heating,plumbing, etc.)fail or be damaged between
the date of this contract and Closing or possession,whichever shall be earlier, then Seller shall be
liable for the repair or replacement of such Inclusion or service with a unit of similar size, age and
quality, or an equivalent credit,but only to the extent that the maintenance or replacement of such
Inclusion, service or fixture is not the responsibility of the owners' association, if any, less any
insurance proceeds received by Buyer covering such repair or replacement. The risk of loss or
any damage to growing crops, by fire or other casualty, shall be borne by the party entitled to the
growing crops, if any, as provided in §3 and such party shall be entitled to such insurance
proceeds or benefits for the growing crops, if any.
c. Buyer's Access to the Property. Buyer shall have unrestricted access to the
Property to perform surface and subsurface testing, surveying, and for all other nondestructive
uses. Notwithstanding this, Buyer may not install any permanent structures or fences on the
Property until after Closing.
13. RECOMMENDATION OF LEGAL AND TAX COUNSEL. By signing this
document, Buyer and Seller acknowledge that the respective broker has advised that this
document has important legal consequences and has recommended the examination of title and
consultation with legal and tax or other counsel before signing this contract.
14. TIME OF ESSENCE,DEFAULT AND REMEDIES. Time is of the essence hereof.
If any note or check received as Earnest Money hereunder or any other payment due hereunder is
not paid, honored or tendered when due, or if any other obligation hereunder is not performed or
waived as herein provided,there shall be the following remedies:
a. If Buyer is in default:
(1) Specific Performance. Seller may elect to treat this contract as
canceled, in which case all payments and things of value received hereunder shall be forfeited and
retained on behalf of Seller,and Seller may recover such damages as may be proper, or Seller
may elect to treat this contract as being in full force and effect and Seller shall have the right to
specific performance or damages, or both.
b. If Seller is in default: Buyer may elect to treat this contract as canceled, in
which case all payments and things of value received hereunder shall be returned and Buyer may
recover such damages as may be proper, or Buyer may elect to treat this contract as being in full
force and effect and Buyer shall have the right to specific performance or damages, or both.
Xcel.Dir/AultSubstation.Dir/ContractToBuyandSellReatEstate Page 5
•
c. Costs and Expenses. In the event of any arbitration or litigation relating to this
contract, the arbitrator or court shall award to the prevailing party all reasonable costs and
expenses, including attorney and legal fees.
15. MEDIATION. If a dispute arises relating to this contract,prior to or after closing, and is
not resolved,the parties shall first proceed in good faith to submit the matter to mediation.
Mediation is a process in which the parties meet with an impartial person who helps to resolve the
dispute informally and confidentially. Mediators cannot impose binding decisions. The parties to
the dispute must agree before any settlement is binding. The parties will jointly appoint an
acceptable mediator and will share equally in the cost of such mediation. The mediation, unless
otherwise agreed, shall terminate in the event the entire dispute is not resolved within 30 calendar
days of the date written notice requesting mediation is sent by one party to the other at the party's
last known address. This section shall not alter any date in this contract, unless other agreed.
16. EARNEST MONEY DISPUTE. In the event of any controversy regarding the Earnest
Money and things of value(notwithstanding any termination of this contract or mutual written
instructions), Earnest Money Holder shall not be required to take any action. Earnest Money
Holder may await any proceeding, or at its option and sole discretion, interplead all parties and
deposit any money or things of value into a court of competent jurisdiction and shall recover
court costs and reasonable attorney and legal fees.
17. TERMINATION. In the event this contract is terminated, all payments and things of
value received hereunder shall be returned and the parties shall be relieved of all obligations
hereunder.
18. ADDITIONAL PROVISIONS. None.
19. ENTIRE AGREEMENT, MODIFICATION,SURVIVAL. This agreement
constitutes the entire contract between the parties relating to the subject hereof, and any prior
agreements pertaining thereto, whether oral or written,have been merged and integrated into this
contract. No subsequent modification of any of the terms of this contract shall be valid, binding
upon the parties, or enforceable unless made in writing and signed by the parties. Any obligation
in this contract that, by its terms, is intended to be performed after termination or Closing shall
survive the same.
20. NOTICE,DELIVERY AND CHOICE OF LAW.
a. Physical Delivery. Except for the notice requesting mediation, all notices must
be in writing. Any notice to Buyer shall be effective when received by Buyer or by Selling
Brokerage Firm, and any notice to Seller shall be effective when received by Seller or Listing
Brokerage Firm.
b. Electronic Delivery. As an alternative to physical delivery, any signed
document and written notice may be delivered in electronic form by the following indicated
methods only: Ill Facsimile 1 E-mail I None. Documents with original signatures shall be
provided upon request of any party.
c. Choice of Law. This contract and all disputes arising hereunder shall be
governed by and construed in accordance with the laws of the State of Colorado
that would be applicable to Colorado residents who sign a contract in this state
for property located in Colorado.
Xcel.Dir/AultSubstation.Dir/Contract ToBuyandSellRealEstate Page 6
•
d. Prior documents. This contract shall supercede the Contract to Buy and Sell
Real Estate between the parties dated July 31, 2006
21. CONDITIONS. The parties understand that the Seller's property must be lawfully
subdivided or the Seller must first receive approval of a subdivision exemption certificate from
Weld County prior to the Buyer being responsible to fulfill its obligations under this contract.
Therefore,this contract and the Buyer's obligation to be bound to the terms contained herein are
contingent upon the Seller successfully and timely being able to either subdivide its property or
the approval of a subdivision exemption certificate from Weld County so as to lawfully entitle the
Buyer the full use and enjoyment of the Property.
22. NOTICE OF ACCEPTANCE,COUNTERPARTS. This proposal shall expire unless
accepted in writing, by Buyer and Seller, as evidenced by their signatures below, and the offering
party receives notice of acceptance on or before midnight,December 5,2006. If accepted,this
document shall become a contract between Seller and Buyer. A copy of this document may be
executed by each party, separately, and when each party has executed a copy thereof, such copies
taken together shall be deemed to be a full and complete contract between the parties.
Xcel.Dir/AultSubstation.Dir/ContractToBuyandSellRealEstate Page 7
0 ill
Agreed to and accepted this 41ti, day of ��e-e 0.4..6.a.-0- 2006
BUYER:
71,1C S ICE :,ON PA 1 OF COLORADO
By: Pe r West, Managi g Director
Local Affairs
550 15'x' Street, Suite 700
Denver, Colorado 80202-4256
c/o Rick Grady, Team Lead
Siting and Land Rights Department
303/571-7737 Office
303/571-7877 Fax
Agreed to and accepted this 7; /r& day of Dace_ wt.Gc.4.- , 2006
SELLER:
Michael E. Wolf&1 aren Kay Wolf I •
Michael E. Wolf -
i
Gen Kay u lC" 71 CY�j
Karen Wolf c7"
17815 Weld County Road 84
Ault, Colorado 80610
970/834-2214 Home
970/396-2817 Mobile
Represe e-,-;) ,--7
obert C. uiroughs, P .
115 Second Avenu
Ault, Colorad 0610
970/834-1333 Office
970/834-1280 Fax
Xcel.Dir/AultSubstation.Dir/ContractToBuyandSellRealEstate Page 8
Sellards & Grigg, Inc.
An SELF Company SEH
Sheet 1 of 2
TRACT A Revi
A tract of land being a portion of Lot B, Recorded Exemption No. 0707-1-4 RE-4262, Weld County
Records, lying in the east one-half (E 1/2) of the southeast one-quarter (SE 1/4) of Section 1,
Township 7 North, Range 66 West, of the 6th Principal Meridian, County of Weld, State of
Colorado, described as follows:
Beginning at the southwest corner of said east one-half; thence N00°05'33"W, 95.00 feet, along
the west line of said east one-half, to the northwest corner of that Parcel of land as described in
Book 1299, Page 9, Weld County Records, the TRUE POINT OF BEGINNING;
thence N00°05'33"W, 90.00 feet, along said west line;
thence S89°26'22"E, 160.00 feet, parallel with the south line of said east one-half;
thence S00°05'33"E, 185.00 feet, parallel with said west line, to said south line;
thence N89°26'22"W, 80.00 feet, along said south line, to the southeast corner of said
Parcel;
thence N00°05'33"W, 95.00 feet, along the east line of said Parcel, to the northeast corner
thereof;
thence N89°26'22"W, 80.00 feet, along the north line of said Parcel, to the TRUE POINT
OF BEGINNING.
Containing 22,000 square feet(0.505 acres), more or less.
For the purpose of this description, the basis of bearings is the south line of the southeast one-
quarter of Section 1, having an assumed bearing of N89°26'22"W, the southeast corner being an
aluminum cap "LS 23513 1998", and the south one-quarter corner being an aluminum cap "LS
28665 1999".
An illustration for this description is attached hereto and made a part hereof.
The author of this description is Norman L. Simonson, PLS 28288, prepared on behalf of
Sellards & Grigg, Inc., an SEH Company, 390 Union Boulevard, Suite 630, Lakewood, CO 80228,
on November 20, 2006, under S&G No. 2006101-51 for Public Service of Colorado and
is not to be construed as representing a monumented land survey. nave RE%
i t. 28288 ,
( Lj
Norman L. I EIII , PLS 28288
NtrsP:\survey land projects r2\_(2006101-51)Ault Substation PSCo\Desc\Tract A Revil.doc
390 Union Boulevard, 303.986.1444
Suite 630 FAX 303.986.0994
Lakewood,Colorado 80228 www.sehinc.com
- ILLUSTRATION FOR TRACT A Rev1 - SHEET 2 OF 2
w
Cl)
N LOT B,
w RECORDED EXEMPTION NO. 0707-1-4 E 1/2, SE 1/4,
ui z RE-4262 SECTION 1,
T7N, R66W
S89°26'22"E
160.00'
En _
o a TRACT A Rev1
o
z 22,000 S.F. (0.505 AC.)M/L
w
N89°26'22"W 'en ED
80.00' o 0
m
TRUE POINT OF BEGINNING o
in
BOOK 1299, PAGE 9
co o MARCH 27, 1951 m b
iL., ;no
Pa o ° °O rn
8 O 0
8
z
8
4
u
S LINE, E 1/2.SE 1/4
s 1322.03' 80.00' / 80.00'
$ N89°26'221/11 N89°26'22"W
s S 1/4,SEC 1 POINT OF BEGINNING SE COR,SEC 1
ij "LS 28665 1999" SW COR, E 1/2, SE 1/4,
LI
"LS 23513 1998"
= SECTION 1
Sellards & Grigg, Inc. k
a �[66[n..r./Wad SimeonL� 0 30 60
An SF:ld(.on,pam .JEI I m
c
390 Union Boulaw9 Phone. 303-988-1M/
i Suite 630 FAX: 303-986-0994 scale l"=30' feet
Lakewood, Colorado 80228
3
www.eehlnc.cwn
REMITTANCE ADVICE.PLEASE DETACH FO YOUR THE ABOVE CHECK IS IN PAYMENT FOR THE FOLLOWING ITEMS.E 105845
I1 CLERK AND RECORDER FEE SEC. 1 TWP. 7N RGE. 66W COUNTY Weld
_X PERMIT/LICENSE TAX PAYER I. D. NO.
LEASE SOCIAL SECURITY NO.
EASEMENT
CROP AND/OR PROPERTY DAMAGE
LAND OPTION
U COURT DEPOSIT
BUSINESS UNIT OBJECT ACCT SUBSIDIARY SUBLEDGER SLT COST OBJECT&TYPE DOCUMENT NUMBER
857304 733100 10818806 W
NAME OF PROJECT
Ault Substation
PUBLIC SERVICE COMPANY OF COLORADO
Hello