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AlL.4, .� ett, .E$ 3. €# - 8 a V+ of .. .-O.F em _• hee j 5 - A E EE RESOLUTION RE: APPROVAL OF RECORDED EXEMPTION #4715 - PENNY EVERITT WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board of County Commissioners, pursuant to its authority under Section 30-28-101(10)(d), C.R.S., did determine at a public meeting held in the Chambers of the Board, that a certain parcel of land, to be divided into two parcels, as shown on the plat known as Recorded Exemption #4715, does not come within the purview of the definition of the terms, "subdivision" and "subdivided land," and WHEREAS, the request for Recorded Exemption #4715 was submitted by Penny Everitt, 746 27th Avenue, Greeley, Colorado 80634, for property which is located in part on the following described real estate, to-wit: N1/2 NE1/4 of Section 21, Township 11 North, Range 60 West of the 6th P.M., Weld County, Colorado being more particularly described in the plat which shall be provided by the applicant and known as Exhibit "A," said plat to be recorded, and WHEREAS,this request is to divide the property into parcels estimated to be approximately 78.2 acres and 1.8 acres. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the hereinabove described parcel of land be, and hereby is, exempt from the definition of the terms, "subdivision" and "subdivided land." BE IT FURTHER RESOLVED by the Board that the application of Penny Everitt for Recorded Exemption #4715 be, and hereby is, approved subject to the following conditions: 1. The applicant has proposed a well as the source of adequate water for Lot B. Property owners are advised that the quantity of water available for usage may be limited to specific uses, i.e., "Domestic Use Only,"etcetera. Because each situation is unique, the Department of Planning Services encourages property owners to contact the Office of the State Engineer, Division of Water Resources (1313 Sherman Street, Room 818, Denver,Colorado 80203. Phone 303-866-3581), to discuss each individual situation 2. Prior to recording the plat: A. The plat shall be titled: Recorded Exemption No. 0215-21-1 RE-4715. B. 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 2007-3432 RE4715 RE #4715 - PENNY EVERITT PAGE 2 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. C. A 30-foot wide joint access and utility easement, extending across Lot B from Section Line 103, for the benefit of Lots A and B, shall be shown clearly on the plat. The joint easement shall be dedicated for the use as shown using the language set forth in the Weld County Code, Appendix 24-F.2. The easement shall be graded and drained to provide all-weather access D. All approved accesses shall be clearly shown on the plat. E. The applicant shall submit a Non-Conforming Use application, to subsequently be approved by the Department of Planning Services, for the antenna tower located on the site. F. The applicant shall submit written evidence that Lot A shall be non-buildable for habitable structures. G. 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. H. The following notes shall be placed on the plat: 1) All proposed or existing structures will meet the minimum setback and offset requirements for the Zone District in which the property is located. Pursuant to the definition of setback in the Weld County Code, the required setback is measured from the future right-of-way line. No building or structure, as defined and limited to those occupancies listed as Groups A, B, E, F, H, I, M, and R in Section 302.1 of the 2006 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 Section 23-3-10 of the Weld County Code. 2) Any future structures or uses on the site must obtain the appropriate zoning and building permits. 3) Lot A is not eligible for a future land exemption, in accordance with Section 24-8-20.C.1 of the Weld County Code. 4) Lot A is for an existing communication transmission tower with support buildings, which is non-buildable for habitable structures. 2007-3432 RE4715 RE #4715 - PENNY EVERITT PAGE 3 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 B has an adequate water supply of sufficient quality, quantity, and dependability. 7) Potential purchasers shall be aware that groundwater may not meet all drinking water standards as defined by the Colorado Department of Public Health and Environment. The Weld County Department of Public Health and Environment strongly encourages well users to test their drinking water prior to consumption and periodically thereafter. 8) Potential purchasers shall be aware that approval of this Recorded Exemption does not guarantee that well permits will be issued for the lots. Any lot may be deemed non-buildable if the lot owner is unable to obtain a well permit. The State Division of Water Resources issues all well permits 9) Prior to the release of a building permit, the applicant shall submit evidence of approval from the Pawnee Fire Protection District to the Weld County Department of Building Inspection. 10) 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. 11) Building permits shall be obtained prior to the construction of any building. Buildings that meet the definition of an Agricultural Exempt Building, per the requirements of Sections 29-1-20 and 29-3-20.B.13 of the Weld County Code, do not need building permits, however, a Certificate of Compliance must be filed with the Department of Planning Services, and an electrical and/or plumbing permit is required for any electrical service to the building or water for watering or washing of livestock or poultry. 12) Effective January 1, 2003, building permits issued on the proposed lots will be required to adhere to the fee structure of the County-Wide Road Impact Fee Program. 2007-3432 RE4715 RE #4715 - PENNY EVERITT PAGE 4 13) Effective August 1, 2005, building permits issued on the subject site will be required to adhere to the fee structure of the Capital Expansion Impact Fee and the Stormwater/Drainage Impact Fee Programs. 14) 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. 15) Weld County's Right to Farm Statement, as it appears in the Weld County Code, Appendix 22-E, shall be placed on the plat. C. The applicant shall submit two (2) paper copies of the plat, for preliminary approval, to the Weld County Department of Planning Services. Upon approval of the paper copies, the applicant shall submit a Mylar plat, along with all other documentation required as Conditions of Approval. The Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder by the Department of Planning Services. The plat shall be prepared in accordance with the requirements of Section 24-8-60 of the Weld County Code. The Mylar plat and additional requirements shall be submitted within sixty (60) days from the date of the Board of County Commissioners Resolution. The applicant shall be responsible for paying the recording fee. D. In accordance with Weld County Code Ordinance #2005-7, approved June 1, 2005, should the plat not be recorded within the required sixty(60) days from the date of the Board of County Commissioners Resolution, a $50.00 recording continuance charge may be added for each additional three (3) month period. E. The Department of Planning Services respectfully requests the surveyor provide a digital copy of this Recorded Exemption. Acceptable CAD formats are.dwg, .dxf,and .dgn(Microstation);acceptable GIS formats are ArcView shapefiles, Arclnfo Coverages and Arclnfo Export files format type is .e00. The preferred format for Images is .tif (Group 4). (Group 6 is not acceptable). This digital file may be sent to maps@co.weld.co.us 2007-3432 RE4715 RE #4715 - PENNY EVERITT PAGE 5 The above and foregoing Resolution was,on motion duly made and seconded, adopted by the following vote on the 5th day of November, A.D., 2007. ~ BO D OF COUNTY COMMISSIONERS girl 1" W 1 COUNTY, COLORADO ATTEST: 'f J≥l t ".A ` °� c ` .. " .vid E. Long, Chair Weld County Clerk to the .s y..W f p;,7,4,+: i �lL✓( ' ; r , s. I/QGl .• �._ .° William H. Jerke�Pw-Tem BY: / D ty Cle to the Board /'�� '�= Willi F Garcia APP D AS �— Robert D. Masden t ttorney 4,,: nck°CC Douglas Rademacher Date of signature: l dr]h7 2007-3432 RE4715 • • Wig C DEPARTMENT OF PLANNING RECORDED EXEMPTION SERVICES COLORADO ADMINISTRATIVE REVIEW PLANNER: Roger Caruso HEARING DATE: November 5, 2007 CASE NUMBER: RE-4715 APPLICANT: Penny Everitt ADDRESS: 2352 CR 118 REQUEST: Two-lot Recorded Exemption LEGAL DESCRIPTION: Section 21, T11 N, R60W of the 6th P.M., Weld County, CO PARCEL NUMBER: 0215 21 100003 PARCEL SIZE: Lot A: 1.8 ZONE DISTRICT: Agricultural Lot B: 78.2 WATER SOURCE: Proposed Well SEWER SOURCE: Proposed Septic The Department of Planning Services' staff has reviewed this request and recommends that this request be denied for the following reasons: It is the opinion of the Department of Planning Services'staff that the applicant has not shown compliance with the following criteria as listed in Section 24-8-40 of the Weld County Code: A. Section 24-8-40.L - The minimum size of any lot proposed with a public water supply is not less than one(1)acre net. The minimum size of any lot proposed with a well as the water supply is not less than two and one-half(2%)acres net. Minimum lot sizes do not apply in zone districts which allow smaller lots or where exempted by the Board of County Commissioners. The minimum lot size does not apply to subdivision exemption lots created for the temporary use of a parcel for public utility facilities. The applicant has proposed a parcel of land which is less than the minimum required two and one-half(2%) acres net which will house a communication tower in existence from the 1950's. Should the Board of County Commissioners approve this request, the Department of Planning Services' staff recommends the following conditions be attached:. 1. The applicant has proposed a well as the source of adequate water for Lot B. Property owners are advised that the quantity of water available for usage may be limited to specific uses, i.e., "Domestic Use Only," etc. Because each situation is unique, the Department of Planning Services encourages property owners to contact the Office of the State Engineer, Division of Water Resources (1313 Sherman Street, Room 818, Denver,Colorado 80203. Phone 303-866-3581),to discuss each individual 2007-3432 • situation 2. Prior to recording the plat: A. The plat shall be titled: Recorded Exemption No. 0215-21-1 RE-4715. B. 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. C. A 30 foot wide joint access and utility easement extending across Lot B from Section Line 103, for the benefit of Lots A and B, shall be shown clearly on the plat.The joint easement shall be dedicated for the use as shown using the language set forth in the Weld County Code,Appendix 24-F.2. The easement shall be graded and drained to provide all weather access D. All approved accesses shall be clearly shown on the plat. E. The applicant shall submit a Non-Conforming Use application and subsequently be approved by the Department of Planning Services for the antenna tower located on site. F. The applicant shall submit written evidence that Lot A shall be non-buildable for habitable structures. G. 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. H. The following notes shall be placed on the plat: 1) All proposed or existing structures will or do meet the minimum setback and offset requirements for the zone district in which the property is located. Pursuant to the definition of setback in the Weld County Code, the required setback is measured from the future right-of-way line. No building or structure as defined and limited to those occupancies listed as Groups A, B, E, F,H, I, M and R in Section 302.1 of the 2003 International Building Code, shall be constructed within a 200-foot radius of any tank battery or within a 150-foot radius of any wellhead. Any construction within a 200-foot radius of any tank battery or 150-foot radius of any wellhead shall require a variance from the terms of the Section 23-3-10 of the Weld County Code. 2) Any future structures or uses on site must obtain the appropriate zoning and building permits. 3) Lot A is not eligible for a future land exemption in accordance with Section 24-8-20.C.1 of the Weld County Code. 4) Lot A is for an existing communication transmission tower with support buildings which is non-buildable for habitable structures. s • 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 B has an adequate water supply of sufficient quality, quantity and dependability. 7) Potential purchasers should be aware that groundwater may not meet all drinking water standards as defined by the Colorado Department of Public Health and Environment. The Weld County Department of Public Health and Environment strongly encourages well users to test their drinking water prior to consumption and periodically there after. 8) Potential purchasers should be aware that approval of this Recorded Exemption does not guarantee that well permits will be issued for the lots. Any lot may be deemed non- buildable if the lot owner is unable to obtain a well permit. The State Division of Water Resources issues all well permits 9) Prior to the release of building permit, the applicant shall submit evidence of approval from the Pawnee Fire Protection District to the Weld County Building Department. 10) 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. 11) 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. 12) 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) 13) 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) 14) 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. 15) WELD COUNTY'S RIGHT TO FARM: Weld County is one of the most productive agricultural counties in the United States, ranking fifth in total market value of agricultural products sold. The rural areas of Weld County may be open and spacious, but they are intensively used for agriculture. Persons moving into a rural area must recognize and accept there are drawbacks, including conflicts with longstanding agricultural practices and a lower level of services than in town. Along with the drawbacks come the incentives which attract urban dwellers to relocate to rural area:open views, spaciousness,wildlife, lack of city noise and congestion, and the rural atmosphere and way of life. Without neighboring farms, those features which attract urban dwellers to rural Weld County would quickly be gone forever. Agricultural users of the land should not be expected to change their long-established agricultural practices to accommodate the intrusions of urban users into a rural area. Well run agricultural activities will generate off-site impacts, including noise from tractors and equipment; slow-moving farm vehicles on rural roads; dust from animal pens,field work, harvest, and gravel roads; odor from animal confinement, silage, and manure; smoke from ditch burning;flies and mosquitoes;and the use of pesticides and fertilizers in the fields, including the use of aerial spraying. Ditches and reservoirs cannot simply be moved out of the way of residential development without threatening the efficient delivery of irrigation to fields which is essential to farm production. Section 35-3.5-102,C. R.S., provides that an agricultural operation shall not be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs methods or practices that are commonly or reasonably associated with agricultural production. Weld County covers a land area of over 4,000 square miles in size (twice the State of Delaware) with more than 3,700 miles of state and County roads outside of municipalities. The sheer magnitude of the area to be served stretches available resources. Law enforcement is based on responses to complaints more than on patrols of the county and the distances which must be traveled may delay all emergency responses, including law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must leave their jobs and families to respond to emergencies. County gravel roads, no matter how often they are bladed,will not provide the same kind of surface expected from a paved road. Snow removal priorities mean that roads from subdivisions to arterials may not be cleared for several days after a major snowstorm. Snow removal for roads within subdivisions are of the lowest priority for public works or may be the private responsibility of the homeowners. Services in rural areas, in many cases,will not be equivalent to municipal services. Rural dwellers must, by necessity, be more self-sufficient than urban dwellers. Children are exposed to different hazards in the county than in an urban or suburban setting. Farm equipment and oil field equipment, ponds and irrigation ditches,electrical power for pumps and center pivot operations, high speed traffic, sand burs, puncture vines, territorial farm dogs, and livestock present real threats to children. Controlling children's activities is important, not only for their safety, but also for the protection of the farmer's livelihood. Parents are responsible for their children. C. 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. D. 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. E. The Department of Planning Services respectfully requests the surveyor provide a digital copy of this Recorded Exemption. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles, Arclnfo Coverages and Arclnfo Export files format type is .e00. The preferred format for Images is .tif(Group 4). (Group 6 is not acceptable). This digital file may be sent to maps(Wco.weld.co.us F. 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 October 9, 2007 Roger Caruso, Planner I O O i . WELD COUNTY, COLORADO DEPARTMENT OF PLANNING SERVICES 918 10TH STREET GREELEY, CO 80631 PHONE:970-353-6100, EXT.3540/FAX: 970-304-6498 ,:Date: 1� \20 L • ( Receipt No: {".�;'�`� t 'Received From: f t 1 f ,:` Fir 4 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 4730-INVESTIGATION FEE 6560-RECORDING F'EE - r' CC) MISC. OCASH D %�`DHECK NO:, ... 1 t TOTAL FEE B � Receipted ,. i „ •(DL#y°��....._.... i 1�=� i Exp. it f ,o 4t 1i Q c tS`a-1 i0000 :3 j , e 'f --At) La-ta-e r en.g_ISCr1/4-2.-e-k7 6.-Ccie'Latitt" l -©o? 1 (- Roger Caruso From: Ed [eb@landsurveyorsofcolorado.com] Sent: Tuesday, November 27, 2007 8:35 PM To: Roger Caruso Subject: Re: Everitt Hello Roger, If the only change is to the signature line, please line through the incorrect title description and hand print the correct title, i.e. , County Commissioners, vs. Planning Staff. I authorize you to make this change to the already signed plat. If the signature block must be changed, we can "X" through the incorrect block and place the correct text on the drawing where space permits. Please contact me by email as to your needs. Thank you. Ed Berlier Original Message From: "Roger Caruso" <rcaruso@co.weld.co.us> To: "Ed" <eb@landsurveyorsofcolorado.com> Sent: Monday, November 26, 2007 5:14 PM Subject: RE: Everitt Ed, I need to discuss the signature block on the Everitt RE with you. Could you please call me at 9703536100 ext 3563 @ your earliest convenience. Thank you! Roger Caruso Dept of Planning Services Original Message From: Ed [mailto:eb@landsurveyorsofcolorado.com] Sent: Friday, November 23, 2007 6:20 AM To: Roger Caruso Subject: Re: Everitt Hello Roger, The drawing has been printed and delivered. Your email arrived too late to include the "only" statement with regard to the ingress- and egress easement, however, the fact that it does not include any mention of utilities precludes it from being used as a utility easement. That is a point of law which you could confirm with the County Attorney. Thanks. Ed Original Message From: "Roger Caruso" <rcaruso@co.weld.co.us> To: "Ed" <eb@landsurveyorsofcolorado.com> Sent: Tuesday, November 20, 2007 5:02 PM Subject: Everitt Ed, Just wondering the Status of the Everitt RE. Would it be possible to get the mylars as soon as possible. Please let me know. 1 Roger -Caruso � Weld County Department of Planning Services 918 10th Street Greeley, CO 80631 (970) 353-6100 ext 3563 • • • • • • • • • • • • Kitt DEPARTMENT OF PLANNING SERVICES 918 10TH STREET GREELEY, COLORADO 80631 WEBSITE:www.co.weld.co.us E-MAIL: rcaruso@co.weld.co.us C PHONE (970)3 , EXT. 3540 FAX (9770) 304-6498 COLORADO October 19, 2007 Penny Everitt 746 27th Avenue Greeley, CO 80634 Subject: Recorded Exemption (RE-4715) Dear Mrs. Everitt, This letter is to inform you that the above referenced Recorded Exemption has been reviewed by the Department of Planning Services and it has been determined This application is scheduled before the Board of County Commissioners on November 5, 2007 at 9:00 a.m. The Board of County Commissioners meet at the Centennial Center, located at 915 10th Street, on the first floor. The staff recommendation is included with this letter. Please read the Conditions of Approval carefully. At the Board of County Commissioners hearing you will be asked if you are in agreement with the conditions. If you need any further information, please feel free to contact me at the above address, telephone number or e-mail address. Si eily, Roger Caruso Planner I FIELD CHECK Inspection Date: APPLICANT: Kenneth and Penny Everitt CASE #: RE-4715 REQUEST: Two-lot Recorded Exemption LEGAL: N2NE4 of Section 21, T11 N, R60W of the 6th P.M. Weld County, Colorado. LOCATION: 2 miles north of CR 122 and 1 mile west of County Road 105. PARCEL ID #: 0215 21 000002 ACRES: 80 +/- Zoning Land Use N AG N AG E AG E AG S AG S AG W AG W AG Comments: No good access point. Tower— unknown heights. Building and Fence around it. Guy wires may exceed RE lot I 7 o 7 Roger Caruso, PI nne I ❑ House(s) ❑ Derelict Vehicles o Outbuilding(s) ❑ Non-commercial junkyard (list components) ❑ Access to Property ❑ Irrigation Sprinkler ❑ Crop Productions ❑ Crops o Site Distance ❑ Wetlands ❑ Mobile Home(s) ❑ Oil & Gas Structures o Other Animals On-Site o Wildlife ❑ Water Bodies ❑ Utilities On-Site (transmission lines) ❑ Ditch o Topography Note any commercial business/commercial vehicles that are operating from the site. APPLICATION FLOW SHEET COLORADO APPLICANT: Kenneth and Penny Everitt CASE #: RE-4715 REQUEST: Two-lot Recorded Exemption LEGAL: Part of the N2 of the NE4 of Section 21, T11N, R60W of the 6th P.M. Weld County, Colorado. LOCATION: 2 miles north of CR 122 and 1 mile west of County Road 105. PARCEL ID #: 0215 21 000002 ACRES: 640 +/- Date By Application Received 7/5/07 RC Application Completed 7/9/07 RC Referrals listed 7/9/07 RC Vicinity map prepared 7/9/07 RC File assembled Case logged in computer Letter to applicant mailed Referrals mailed Field check by DPS staff Administrative Review decision: Board of County Commissioners hearing (if applicable) Date By County Commissioners Hearing Date Surrounding property owners notified Presentation prepared CC action: CC resolution received Date By Plat recorded and filed Overlay Districts Zoning Agricultural MUD Yes No_X_ IGA Yes No_X_ Airport Yes No_X_ Geologic Yes No_X_ Flood Hazard Yes No_X_ RECORDED EXEMPTION (RE) APPLICATION FOR PLANNING DEPARTMENT USE DATE RECEIVED: RECEIPT/AMOUNT# /$ CASE #ASSIGNED: APPLICATION RECEIVED BY PLANNER ASSIGNED: Parcel Number C�_2 l Z I - 00 -00 3 (12 digit number-found on Tax I.D.information,obtainable at the Weld County Assessor's Office,or www.co.weld.co.us). Legal Description /(/1 '7a Op A/c I4 , Section 11, Township I ( North, Range 6OWest Has the property been divided from or had divided from it any other property since August 30, 1972? Yes 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: t 1 VVork Phone# 4'70 3' : 13ome Phone#C(10-,3ba=i(53 Email Address Address: '74 LP G City/State/Zip Code C v-cc Lc `Cj a cc-5z+ APPLICANT OR AUTHORIZED AGENT (See Below:Authorization must accompany all applications signed by Authorized Agent) Name: t`3 17 Work Phone# Home Phone# Email Address Address: City/State/Zip Code Lot A Lot B Lot C Lot D Smaller Parcel Water Source ?k, otIAN, Pi-7)05e" well Type of Sewer 12lt,no<.eel 59-1 fie PtoebSed SeiIIc Proposed Use S, lz w�j, , c�i2 •- uMa1/ Acreage , 75, � I Existing Dwellings? If Yes, list address If Yes, list address If Yes, list address If Yes, list address below: below: below: below: fvv N� * 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. p . s Qi->o r a- -7 Signature: Ow er or Authorized Agent Date Signature: Owner or Authorized Agent Date -4- . RECORDED EXEMPTION (RE) APPLICATION FOR PLANNING DEPARTMENT USE DATE RECEIVED: RECEIPT/AMOUNT# /$ CASE#ASSIGNED: APPLICATION RECEIVED BY PLANNER ASSIGNED: rr 1 2 ( ' _ 2 - I 0O . OO 3Number'arCel N - (12 digit number-found on Tax I.D.information, obtainable at the Weld County Assessor's Office,or www.co.weld.co us . Legal Description Al ��,2, Cat` /111F I/l , Section 21, Township 1 I North, Range 6OWest Has the property been divided from or had divided from it any other property since August 30, 1972? Yes_ No�7 / Is this parcel of land, under consideration, the total contiguous land owned by the applicant? Yes No ✓ FEE OWNER(S) OF THE PROPERTY: Name: `'?._e_1i\ ite_\c ti \-\ Work Phone# gi70 3: 2,x-7- me Phone#cro- a 153 Email Address Address: 7 L .,- ) -+-n --c City/State/Zip Code r .-e--,-\ L `r O (r- �) APPLICANT OR AUTHORIZED AGENT (See Below:Authorization must accompany all applications signed by Authorized Agent) Name: -�. 1 I t 7 Work Phone# Home Phone# Email Address Address: I City/State/Zip Code Lot A Lot B Lot C Lot D Smaller Parcel Water Source is,,l t fie(wJ U F L fa5ecI We l/ Type of Sewer 2 , 1 _ �,C ��-'PoSee' Sev-1 I'c ! ti,nU`<<z' Proposed Use j, Il .Z.M, ), ._ ..� 0,1,'iv Acreage 7&,, 2 I ' Existing Dwellings? If Yes, list address If Yes, list address If Yes, list address If Yes, list address ti. below: bell:10r below: below: At * 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. • c. Signatur : Ow er or Authorized Agent Date Signature: Owner or Authorized Agent Date -4- This property(a little less than 2 acres in 21-11-60 in Weld County)has been sold for a public utility facility,to better service the people in the area. WELD CO TY ROAD ACCESS INFORMATISHEET 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 # : / p ///� c� • Other Case#: 1. Applicant Name µ 6 / 01 E Lira Phone 9 7p e 9 s - 0zP3 Address c/ss7/ C�C,k.. !lg City State c Zipn7,yq 2. Address or Location of Access lv E Section 1/ Township W Range 6,O Subdivision Block Lot Weld County Road #: I Z- 9 Side of Road S4944-t— Distance from nearest intersection 7 Vs L 7 ers# . 3. Is there an existing access(es)to the property? Yes X No #of Accesses 4. Proposed Use: ❑ Permanent ❑ Residential/Agricultural ❑ Industrial ❑ Temporary ❑ Subdivision ❑ Commercial ❑ Other ...*,....,..***************************************************************************************************...x..=......... 5. Site Sketch Legend for Access Description: L_ AG = Agricultural RES = Residential O&G = Oil&Gas D.R. = Ditch Road 11 ti j S = House = Shed A = Proposed Access • = Existing Access a NI • ******************.***************„„*** OFFICE USE ONLY: Road ADT Date Accidents Date Road ADT Date Accidents Date Drainage Requirement Culvert Size Length Special Conditionr. ❑ Installation Authorized ❑ Information Insufficient Reviewed By: Title: -7- Report Date: 06/19/2007 09:O8AM WELD COUNTY TREASURER Page: 1 STATEMENT OF TAXES DUE SCHEDULE NO: R0138786 ASSESSED TO: EVERITT KENNETH H & PENNY L 45571 WELD CO RD 118 GROVER, CO 80729 LEGAL DESCRIPTION: 3546 ALL 21 11 60 EXC UPRR RES ON N2/SW4 (24L) PARCEL: 021521000002 SITUS ADD: TAX YEAR CHARGE TAX AMOUNT INTEREST FEES PAID TOTAL DUE 2006 TAX 168.18 0.00 0.00 168.18 0.00 TOTAL TAXES 0.00 GRAND TOTAL DUE GOOD THROUGH 06/30/2007 0.00 ORIGINAL TAX BILLING FOR 2006 TAX DISTRICT 1204- Authority Mill Levy Amount Values Actual Assessed WELD COUNTY 16.804* 53.27 AGRICULTURAL 10,929 3,170 SCHOOL DIST RE12 23.229 73.64 PAWNEE FIRE 3.013 9.55 TOTAL 10,929 3,170 AIMS JUNIOR COL 6.330 20.07 WELD LIBRARY 3.261 10.34 WEST GREELEY CONSERVATION 0.414 1.31 TAXES FOR 2006 53.051* 168.18 * Credit Levy ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE LIENHOLDER OR TO ADVERTISING AND DISTRAINT WARRANT FEES. CHANGES MAY OCCUR AND THE TREASURER'S OFFICE WILL NEED TO BE CONTACTED PRIOR TO REMITTANCE AFTER THE FOLLOWING DATES: PERSONAL PROPERTY AND MOBILE HOMES-AUGUST 1, REAL PROPERTY-AUGUST 1. TAX LIEN SALE REDEMPTION AMOUNTS MUST BE PAID BY CASH OR CASHIERS CHECK. P.O. Box 458 Greeley, CO 80632 (970) 353-3845 ext. 3290 REFERRAL LIST 'RE-(O/5 Name: Kenneth & Penny Evil) S Case#: County Towns &Cities _Ault F-1 Attorney _Ault _Berthoud F-2 0 Health Department _Berthoud _Briggsdale F-24 _Extension Office _Brighton _Brighton F-3 _Emergency Mgt Office- Ed Herring _Dacono _Eaton F-4 Sheriffs Office _Eaton _Fort Lupton F-5 0 Public Works _Erie _Galeton F-6 _Housing Authority _Evans _Hudson F-7 _Airport Authority _Firestone _Johnstown F-8 _Building Inspection _Fort Lupton _LaSalle F-9 _Code Compliance_S.-Ann_N-Beth _Frederick _Mountain View F-10 _Kim Ogle (Landscape Plans) _Garden City _Milliken F-11 _Lin (Addressing Change of Zone) _Gilcrest _Nunn F-12 _Ambulance Services _Greeley _Pawnee F-22 _Grover _Platteville F-13 State _Hudson _Platte Valley F-14 Div._ of Water Resources _Johnstown _Poudre Valley F-15 _Geological Survey _Keenesburg _Raymer F-2 _Department of Health _Kersey _Southeast Weld F-16 _Department of Transportation _LaSalle _Union Colony F-20 _Historical Society _Lochbuie _Wiggins F-18 _Water Conservation Board _Longmont _Windsor/Severance F-1 _Oil &Gas Conservation Commission _Mead _Milliken Division of Wildlife _New Raymer _South Hwy 66 (Loveland) _Northglenn _North Hwy 66 (Greeley) _Nunn Commissioner _Division of Minerals/Geology _Pierce _Platteville Soil Conservation Districts _Severance Big Thompson/ FTC _Thornton _BoulderValley/Longmont _Windsor _Brighton/SE Weld _Centennial Counties Greeley/West Greeley _Adams _Platte Valley _Boulder _West Adams _Broomfield _Little Thompson _Larimer Federal Government Agencies Other US Army Corps of Engrs _School District RE- _ Vet Service _Central Colo. 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 • • Weld co : : Pnnrtmon cfe Memorandum E "= S TO: Roger Caruso, W.C. Planning ' DATE: August 3, 2007 � FROM: Pam Smith, W.C. Department of Pub Y• \ COLORADO Health and Environment CASE NO.: SE-1117 NAME: Kenneth/Penny Everitt Environmental Health Services has reviewed this proposal; the following conditions are recommended to be part of any approval: 1. A Weld County Septic Permit is required for any proposed septic system and shall be installed according to the Weld County Individual Sewage Disposal Regulations. 2. All septic systems must be located on their respective lots and meet all lot line set back requirements. ti� a _ • Weld County Planning Detartmo , Pl° & t:' GREFLFY OFFICE If `I ligJUL 1 3 26 ;LI( 2 0 nil/ _-- RECEIVED i _ , C. p Weld County Referral _ COLORADO July 10, 2007 The Weld County Department of Planning Services has received the following item for review: Applicant Kenneth & Penny Everitt Case Number SE-1117 Please Reply By August 7, 2007 Planner Roger Caruso Project Subdivision Exemption for a Public Utility Legal All of Section 21, T11 N, R6OW of the 6th P.M., Weld County, Colorado. Location 2 miles north of CR 122 and 1 mile west of CR 105. For a more precise location, see legal. Parcel Number 0215 21 000002 1 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 ❑l We have reviewed the request and find no conflicts with our interests. A See attached letter. Comments: 061 Signature',,/ / 7 /D Agency /4:i J Z ii r-)(< Date ❖Weld County Planning Dept. ❖918 10th Street, Greeley,CO.80631 +(970)353-6100 ext.3540 ❖(970)304-6498 fax 0 MEMORANDUM TO: Roger Caruso, Planning Department DATE: July 16, 2007 FROM: David Snyder, Engineer SUBJECT: SE-1117, Kenneth & Penny Everitt 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 128 and WCR 103 are section line accesses and are not maintained by Weld County. The applicant shall contact adjacent landowners to gain access to said parcel as Weld County DOES NOT have Right-of-Way along Section Line 128 West of Section Line 105. REQUIREMENTS: 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. 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. The applicant shall utilize the existing access to this parcel. This area is not in FEMA Flood Zones. pc: SE-1117 M:\PLANNING-DEVELOPMENT REVIEW\SE-Subdivision Exemption\SE-1117.DOC Identify Results Page 1 of 1 WELD COUNTY ASSESSOR PROPERTY PROFILE Account#: R0138786 Parcel#: 021521000002 Tax Area: 1204 Bordering County: Acres: 664 Township Range Section Quart. Sec. Subdivison Name Block#Lot# 11 - 60 - 21 - 0 - - Owners Name&Address: Property_Address: EVERITT KENNETH H &PENNY L Street: 45571 WELD CO RD 118 City: GROVER, CO 80729 Business/Complex: Sales Summary Sale Date Sale Price Deed Type Reception # 6/26/1995 $157,200 02444248 Legal Description 3546 ALL 21 11 60 EXC UPRR RES ON N2/SW4 (24L) Land_Valuation Summary Land Type Abst Code Unit of Number of Actual Value Assessed Measure Units Value Agricultural 4147 Acres 357.63 Agricultural 4127 Acres 137 Agricultural 4147 Acres 163.68 Agricultural 4147 Acres 5.69 Land Subtotal: 664 $10,473 $3,040 No Buildings on Parcel 5oyewr I � 8y7 " 334S http://map s2.merrick.com/W eb site/Weld/set Sgl.asp?cmd=QUERY&DET=PP&p in=0215... 07/02/2007 WELD COSY ROAD ACCESS INFORMATIG•HEET Weld County Department of Public Works 111 H Street, P.O. Box 758, Greeley, Colorado 80632 Phone: (970 )356-4000, Ext. 3750 Fax: (970) 304-6497 Road File #: Date: RE # : /[' /n Other Case #: 1. Applicant Namekptnc.¢ . M- 6 !vri�+cy g E v n Phone / 7Q &4 6- - c2.1.57.1 Address 4/SS'7/ el.tOC, tag, I City Otaz tt State('cu Zip . • 2. Address or Location of Access /J E L-O-'A"`-rt-A-• Section —2-/ Township a! Range (o O Subdivision Block Lot Weid County Road #: / Z• 8 Side of Road SOA-4-1!.._ Distance from nearest intersection 7 411S• 2.7 6..1" . 3. Is there an existing access(es)to the property? Yes X No # of Accesses / 4. Proposed Use: ❑ Permanent U Residential/Agricultural ❑ Industrial ❑ Temporary ❑ Subdivision ❑ Commercial ❑ Other 5. Site Sketch Legend for Access Description: AG = Agricultural Imo_ RES = Residential L O&G = Oil & Gas ! s D.R. = Ditch Road I.7�i O = House 171 = Shed L. = Proposed Access A = Existing Access NT 7 7 „,,_........”..„....„,...___.* OFFICE USE ONLY: Road ADT Date Accidents Date Road ADT Date Accidents Date Drainage Requirement Culvert Size Length Special Conditions '❑ Installation Authorized ❑ Information Insufficient Reviewed By: Title: -7- R3 --Mit ** ti, 4,,t. :,*;*4 * , ,.. 71 iik.C {l ,e f '4. , • }f: a. 4fl` i as fi . l' R "IS' pi; 1S 34$ ry tts } 1 i i; c ,• " � F± th%!PZiL x c y } r .ey t e i. 1' • i4 .i C^ , ij�,.�r,, s " ( 4 t.:4 i .t{ a ' iv 4( vw16 ' Y ! t�' t W ----,...•.„2_. a t �S {� c� y IJ� n�xx 6 o f Y ' g 4� " r. , ?W i'1 'K ;1'4 • ?tc4t 441 x"11', t{ p+ a ,{' --0111 4 9 i • • t t "''�° ¢ of,+V LI'Y4 4 1A#Y g Al r K { ≥ ;1 '<.,Y_� Ap• 4.4, • '�" ,vlF. 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O €€ is i 1*." .1,4.'4' . .5 K St`•.yam _y*4 > ,tea At p 4 xa, g� • Certificate of Conveyances Weld County Services Department of Planning State of Colorado ) County of Weld ) The STEWART TITLE INSURANCE or ABSTRACT COMPANY hereby certifies it has made a careful search of its record, and finds the following conveyances affecting the real estate described herein since August 30, 1972, and the most recent deed recorded property to August 30, 1972. LEGAL DESCRIPTION: All of Section 21, Township 11 North, Range 60 West of the 6th P.M., County of Weld, State of Colorado. CONVEYANCES (if none appear, so state): Reception No.: 1452544 Book: 531 Reception No.: 1456057 Book: 534 Reception No.: 1456059 Book: 534 Reception No.: 1572393 Book: 650 Reception No.: 1619386 Book: 697 Reception No.: 1619387 Book: 697 Reception No.: 1619388 Book: 697 Reception No.: 1682235 Book: 760 Reception No.: 1682238 Book: 760 Reception No.: 1719077 Book: 797 Reception No.: 2189305 Book: 1241 Reception No,: 2444248 Book: 1498 Reception No.: 3363527 Book: ---- Reception No.: 3392691 Book: ---- Reception No.: 3439894 Book: ---- Reception No.: 3465053 Book: ---- Reception No.: 3465054 Book: ---- Reception No.: 3467154 Book: ---- Reception No.: 3470784 Book: ---- This Certificate is made for the use and benefit of the Department of Planning Services of Weld County, Colorado. This Certificate is not to be construed as an Abstract of Title nor an opinion of Title, nor a guarantee Title, and the liability of STEWART TITLE OF GREELEY, LLC is hereby limited to the fee paid for this certificate. In Witness Whereof, STEWART TITLE OF GREELEY, LLC has caused this certificate to be signed by its property officer this 5th day of June , A.D., 2007, at 7:45 am. STEWART TITLE OF GREELEY C CT's BY: BY: Authorize nature Identify Results Page 1 of 1 WELD COUNTY ASSESSOR PROPERTY PROFILE Account#: R0138786 Parcel#: 021521000002 Tax Area: 1204 Bordering County: Acres: 664 Township Range Section Quart. Sec. Subdivison Name Block# Lot# 11 - 60 - 21 - 0 Owners Name &Address: Property Address: EVERITT KENNETH H & PENNY L Street: 45571 WELD CO RD 118 City: GROVER, CO 80729 Business/Complex: Sales Summary Sale Date Sale Price Deed Type Reception # 6/26/1995 $157,200 02444248 Legal Description 3546 ALL 21 11 60 EXC UPRR RES ON N2/SW4 (24L) Land Valuation Summary Land Type Abst Code Unit of Number of Assessed Actual Value Measure Units Value Agricultural 4147 Acres 357.63 Agricultural 4127 Acres 137 Agricultural 4147 Acres 163.68 Agricultural 4147 Acres 5.69 Land Subtotal: 664 $10,473 $3,040 No Buildings on Parcel http://maps2.merrick.com/W ebsite/W eld/setSgl.asp?cmd=QUERY&DET=PP&pin=02152... 6/20/2007 ,y t ,tis n ,avtx�saiyl�°tbt �Yil r .i t t r ju•. t F. :�' n, n..ac r, iu 1 .. ,�.,.q,' 1. n vr > . DfG 'lit!NI rn i s ry H g,�a s r.' "`• r R_ 28 . gem w 14.ri2eAll _Am Sues.Meted., ♦&w:� ,wJh, J$i.r 2{ rl.a.�'I₹rq +7 Ie.I Imot b31 s Gnats,— I f sa�rAanANTY SSSS (Revised 11.1) The ThebanThebaGnats,Ong*.Wes,u...ew News Pe: KNOW ALL MEN BY THESE PRESENTS: fYr THAT Irer W., Milada N. Petsch, a widow; Irma Petsch Elrod and Leslie D. �., Elrod, wife and husband; and Charlotte Jean Gilbert and Earl V. , Gilbert, wife And husband q ,herein called the granter whether eta or more, I• I a in consideration of Ten Dollars and Other Valuable Consideration I received from rant**,Jo,ereley greet,bargain,sett,convey and confirm unto liar ion C Foster 4. herein called the grantee whether one or more,the following described real property in Weld County Colorado The West Half (W/2) of Section 8; North Half (N/2) and Southeast Quarter ( SE/4) of • Section 17; All of Sections 20 and 21; South Half (5/2) and • I Northwest Quarter (NW/4) of Section 15; North Half (N/2) of Section 22; L3:EXEL0,7IiCODOI4 ail located in Township 11 North, Range 60 West of the 6th P.M. , containing 2880 acres more or less, e save and except the oil, gas and other minerals, in, on and under the above described premises, which oil, gas and other minerals a. .. to the extent not previously conveyed are expressly reserved unto •F4 grantors, their heirs and assigns. To have and to hold the above described premises together with all tenement,.heredlt amente and appur- ' tennis thereto belonging unto the grantee and to grantee's heirs and assigns forever. And the grantor does hereby revenant with the grantee and with grantee's heirs and ensigns that grantor •;,. is lawfully seised of said premises: that they are free from encumbrance except as noted above , I and encumbrances of record and visible easements, that grantor has good right and law fill n illhnrily to convey the thine.and that grantor *arrant*and will defend v » ,*11 • the title to said premises against the lawful claim.of all persons whomsoever• . Dated October 1 In 63 • /Milada M. Petsch I , LL-.., r ' oar as /`Q JeM test ..�Dt�.,Pesch Elrod __. .... ...I. 'Eer7V \l/-.lc-Ca;- 1J. .�<r*'T� ... i er[ Leslie D. Elrod STATE OF....tlebris S. a ,minty or Kimball : '`:. Before me.a notary public qualified for.ai t eoitmy,personally rat,.. Milada M. Petsch, • . rr; a widow, Irma Petach Elrod and Leslie D. Elrod, wife and husband;giad '! Charlotte Jean Gilbert and Earl V. Gilbert, wife and husband c Yq;�1 ID l4 be p identical porn .r ner.nn. who *lined the foregoing instrument and ...Mono tedynd the ce e ialgyt►a ale.tithe.her or their vi,l t nary set and deed c w• i on I WeisrTrf .Dry hand and notarial seal n October 1.. .1?..64t. . t b:.Jw+,/te .- 4lP,s,- •1 . .k'I.,try .... ..Notary l'ttblic • /�/ T : Knapp 9 . of a� Mvc mmo.John �p'e KnfnL I .. ,In4$ '- at '. AL a� 1 BTAT): (IF... .iss • County .... .. ... 1 t • Entered on numerical Ind,. ail filed for rrry•rd in the Register of Deed. Office of said County the ) lned and a day of .I9 id minut ..W. ., .nd recorded in Book of .. Ili p.p lteg.of Deeds • • �•• - Z` By !Hinny i * '. S w'v, .e. r g1IL' . a S • • T t ,v co* a '`tea l✓ ._w•R_. . .i - tY , Wa •.•�' ":'� 1 ��Y '`4F :t l'A..tt ,lid . ` alt, �i• ti0+:. li! � X17 + ��r i 1�`� 1 �s't� ° Ty t� �J .t � 1.•i t{ I]'t * . • `.{ �fi w� + ..w✓ rt d. �c : 5 4i4•L•� :1n 1. yj rc . ? ' • + l,,44; { a L ;T/.-.Y+lrr�l a"x.,. .v era �•!, ,} j'.. � .. ;,� ,R A rre , 0 xsss gat N. 145605'7 y ioe�w. t r . •••• ,• ran Or COLORADO l iw DrTARIM:NT OT LAW INHEAITANCE TAX DIVISION worm RELEASE OF DCHERFIANCE TAX LIEN Estate of Albert R. Petsch —.-.--.----- Data of Death.July 11. 1962 drom Estate $ 62r870.55 It appearing to the attorney general that it in not necessary to preserve the lien granted by the Colorado inheritance tax law against the hereinafter described real estate, in which the above named decedent had an interest,by virtue of the authority vested in me under the provisions of Sec. 138-4-61, CRS., 1953, I do hereby forever release and discharge the inheritance tax lien against the following described real estate, to-wit: The SW} of Section 21, T11N, R60W of the 6th PM, Weld County, Colorado, except all coal and other minerals within or underlying said lands title to which was reserved by Union Pacific Railway Company. Held in the name of Albert R. Petsch and Milada M. Petsch, as joint tenants. m m 0 c 0 0 Dated at Denver, Colorado, Dues. W. Dunne, Attorney General of Colorado. ci t•- January 21 _. .._.. ....__.._ , 1965....Ry F Nan. Tana., AultWt Attorney General I Not--Tula release nil be recorded In the elites of the clerk and recorder of the county in which the property is situate. ? ' (( \ft •.,,pyt v p• rr v Jr '' k .�i SL•ZY! 1 ' r• t • V,'.e a kwg,` ' A ) ' ty jl I ; tot. 534 .. ... . s)/ 4 �8 1 U 565 _ " ... , tar,to 14 51;059 st. s.o..r. RAT* or COLOlUDO I DVAIITa¢IIT rr O tiWe LAW "...+W INHERITANCE TAX DIVISION -... test tv SE OF EN1 ERITANCE TAIL LIE! Eatateof Albert R. Petsch _....-_ Date of Death July 11, 1962 Gross Estate {.62,870.55 It appearing to the attorney general that it is not necessary to preserve the lien ._--- granted by the Colorado inheritance tax law against the hereinafter described real estate, in which the above named decedent had an interest,by virtue of the authority __ Tested in me under the provisions of Sec. 138-4-61, CRS., 1933, I do hereby forever release and discharge the inheritance tax lien against the following described real estate, to-wit: Undivided 1/2 interest in Township 11, N, R60 West of the 6th PM, Weld County, Colorado: Section 8: The W} except an undivided 3/utts of the oil, gas and other minerals in and under said lands and subject to an undivided 1/8th non participating royalty interest. Section 15: The Si ano the Na{ (also described as W# and SE;), except all coal and other minerals within or underlying said lands, title to which wan reserved by Union Pacific Railway Company' Section 17: The N} and the SE; except nil coal and other minerals within or underlying, said lands, title to which was reserved by Union Pacific Railway Company Section 20: All, except an undivided 3/4ths of the oil, gas and other minerals in and under said lands and subject to an undivided 1/8th non participating royalty interest. Section 21: The Ni and the SE; except all coal and other minerals within ur underlying said lands, title to which was reserved by Union Pacific Railway Company. Section 22: The Ili except an undivided 3/4ths of the oil, gas and other minerals in and under said lands and subject to nn undivided 1/8th non participating royalty interest. m 0 J1 0 IIn ar W. DlNass, U;JrJ At Ilanvcr, Colorado, r Attorney General of Colorado. , 7 -T January 21 _. .. lvfi5_. aLc -._�/� 1./ By.__. '. . Nut. Tanta, Assistant Attorney Cenral. Net.—Tats Mess* rival be recorded In IM Man of llw clerk and neard.r el Ito assail la which IM preMrar is diva*. 1-1 fitIv xr • S i tt M , •,- S C. i . . 1 1 i•%' q ,f 1 T' ' w •. • ' V> 7.227 exir/'-j /(/ int 29lin TAXI I Una Or a -IIMISfs TAX =l • lied Marcion Clary 7ostti._ Jc&.flatIOn-C1._f411,1.-AKI_.._� ", Doled DIS Januaryll, .1311.._ 4. ;'y armalai.t 416.4014.38 M NM Is the Sow y smog W Mara a est saewssr7 M Boa lb. b •:,! w gagaleilipee0eleale k. a*4a.. tax Yaw agaled as l.rS.S%r Maib.d real a ki tM seees�Sio Sort iewl.ai bad as falre.t,ay rioter of tin star it7 booby Novo • o Sal ap�ie hennas In 5�s tko Mori g ddnth d rod w41e�11e k 6-11-60, Ny 6 Suk 7-11-60, Ntk 2-11-61 Rei,letl 1023137, book 1221, Para 122. ,li Ni 36.1241 Reception 11409781 Book 1648 Page 446. lib 334240 tos.ptIto 11376944 book 1609 Page 117. V% 104240 Reception /136/813 book 1600 Pap 617. ,E let} 64140 tatt.ption .947061 Book 1146 Pigs 89. ,ley S-11-60 t...ptton /915667 Bo_a 1108 Pogo 376. ask, post ♦-11-60; wk. bwk J-11-60; lark 2-11-60 .ecopcl 01369444 Roe& 1579 Page 24. Rtk 10-11-60 Receptions .1078224 Book 1265 Page 207. Rai 14k•11-40 Neception .1376945 book 1609 Page 178. Wy s-11-/01 Nip Rik 17-11-60; 411 20-11-60; All 21-11-60; • Rk tt-11401 1y. leek 15-11-60 Reception /1452544 Book 531. NYk 33-1241 Reception /1024375 Book 1220 Page 391. F" Ntk 35-1241 Reception .915668 Book 1108 Page 377. Sk 29-12-60; 49 35-12-61 Reception 1957403 Book 1156 Page b 35. f let I Nk 29-1240 Reception 1957405 gook 1156 Page 38. I t; 21-1240 Reception 01147047 Book 1348 Pogo 404. t Py 33-12-60 Reception /1147048 Book 1348 Paea 40;. 11W1/4 6-11-60 Reception /1119577 took 1318 Paso 159. t W% 14-11-40 Reception 0937375 Book 1133 Page 418. nrk 17-1140 Reception 1933359 Book 1128 Pogo 541. i II D.td at Des,..,0alerad., Dun N. Darcy a As.. Gard el dines --19.11._11..._.._............._...... all .ll. ..Catieed 1 Nat Tiara ' Ami an Mr., ant uee_T t.as n w wow. Y Or an d aM Slob ad warns a. S. Aar ■ Ha r .water i airs a ki. r �' I , . � 1111..Ss Reeotded star'�A o'clock 0' ht ALM.1.4.19?� Reception Na G 9.35.6 ANN HOW* Recorder, 1111 462a----------------------,------.===r===7= —''Knott all Alert by flits, frearnts, rnat I,..dpAIIITA..LQ.YE..B0BEBT6QIi es whose address it...QFAY.eA., C9),.pF.0.d9 ^' Q. County of W.0114and State of G.oloxado. for the 1 • •' consideration of..Tea,.(S10..001..nnd..o the r.....,...................�.......�...,......,,...........,1...011.,,. ..... e en Dollars, P In hand paid,hereby sell(s)and conveyp) to LAWi<S:;CE C. JEF'FERS Hnd,,,9Lltp:g,�B.„,,,....JEFF i ti i �i B/ Whose address Is tenants,WhoseLoveianI wi County of Larilaer 0111. _1101.._... .and the Stara of Colorado the o N , following real property In the County of........ ........ Weld... and State of Colorado, r N ./ to-wit: My undivided 1/8th interest in the following lands of the Estat o Marion Clay Foster, a/k/a Marion C. Foster and as M. C. Foster, Deceas to IN TOWNSHIP 12 NORTH, R'u:Gh 60 WE:iT OF THE 6th P.M.: All of Section 33; a •. . ^t IN TOWNSHIP 11 NORTH itni:GE 60 M1::ST CF THE 6th P.M.: • .R., W Section 2, the NW- 1/4; rS Section 3, the N 1/2, and the SW 1/4; r Section 4, the SE 1/4, and S 1/2 of NE 1/4; 4 Section 5, the N 1/2; 64',e) Section 8 the W 1/2; '` Section 15, the W 1/2, and the SE 1/4; 1s.' All of Section 17; 4 ..0 Section 18, the N 1/2; ,fie P 0 section 19, the NE 1/4; `' \' • , , All of Section 20; All of Section 21; b Section 22, the N 1/2; -,..i Sr, THE FOLLOWING STATE CF COLOtu1DO PAR': LiASE:All of section 16 in T11u, R6OW of the 6th P.M. ; j i..:..:. '..,r. 1:• . . . . tenancyin to 9bovo grantees, n ir._ tit tiv! lel 1/'J:: in a.L' final dintrit- . •1 utive c%ire :n t:.9 ^.107?.'... ('..roof by t( 1Gi th.0 ,. lntritor3.) 1111 with ill its appurtenances and warrant(s)the title to the same,subject to..sexes_. d„tifs.t...and sccons..Daeds..cf...Tru3.t...cf..record..in..famor...of... rudeatial..Snnuranca Compan�y..af..Americs..and..abova..Grantces.,...respeatively. • Signed this. aettr / 7'14day of January A. D. 19.73.., _''•, In the Presence of • i Gl. 7 ��LL�¢art ' 4 1111 est.,. ... r' tits Loye xiCson STATE OF 0 RADO, t es. The A regoing instrument was acknowledged before me this Cotmty of Vy�ld• J 7y'1�g�' 9 r✓�G'_<"._4 c! / 1o.L.L_day of JRAU.afiY A9.?3.., • • by....duanita..Loye..Eobertsan. WI tt ay.Mod and Official Seal. ' ' .i bVgbneiss1Q9 E7fpires..../.Cr'- --- 73 .16/A16`1.4.;1-44.e.. • ;. '&' Lr • ...1 .‘r- ' tery Public ad , . i, 1111 N WARRANTY OttD-ef t%n0 Y P*M.FOR PHOTOGRAPHIC necono,m,e.P.Homo.CO..sanvm.COIL seem, • . goat . Recorded at...3= `Rt e.M........_.....AUG 1.4...1.973 q 69? Reception No 1C1 ;IAN PQMt...Recorder. Tzl 01 I ICnnw all Wen bg these 4lrrsents, That I Gtdn0:X 7,iffiL ..1.:G.:.741...incliv- , • ' whose address Is._..8outa:2.,...;+ratar....,C.oloracin • , . 0, County oL......_.,,..Wd1G and State of Gal.oru.C^ for the ' consideration of....ion..(,a1C.CC} d..yr. ..c:_'.c_r,.........,.....................—.... -..-..—... :. . t`- M : O'• tr. In, t., ,,r•: in handpaid,hereby tells and conve S to.....:Ldu.' ,w...........G.::C;....C.A.,.a..,. w sell(s) Y( L th...i, C ..:•a . . l.CL?cR "t 1 4,Rint ttenartr,. • NI owaddroo s.....duutc...:, Gro:a_•.,.Calor�ua ~l r, County of Wee G and the State of valor6..G.R the n • N following real property in the County of "c..' and State of Colorado, to•wit: An undivided , int,•rr,ct at, c: :o:et. - 1- r.r.s of the ::;t' to r, of :.aric.n Clay Foster, n/k/'i L .^ on J. :'e::tr :c •.., . .. Fc ter, Lcee•i •ed: IN 2Ch1.CiiIP 12 , 'd,..,., ..:..: C. :. ., €1.L i•.I'. : All of Section ;,j; era; IN TCW^.:SF.IP 11 NC, cfi:, j•..,:.v c ..... C L ctj, r.. .t ' Section 2, the lir. 1/•.; .,neon , rr• i/ , ,nu ctr. ,-;,1l/u; Section 4, the ..E 1/4, :..,L 2 1/2 of ,.% :P.; .,ection 5, the :i 1/2; .. . section 8, The h' 1/?; br.ction 15, the 'd 1/p, nnu t'e .;t; 1/A; All of Section 17; Unction 13, the N 1/2; Section l9, the NE 1/4; All of Uection 2C; All of .;action 21; :inc., Lectica _:`, the ;: 1/2; and in Ti(i: FCLI.CWING LTATE C., CCLCR:.LC 17,ib: LLA.;E: . All of Suction 16 in l'11:., du(.n of the bti: 1'..:. ; Stale Documentary Fee AUG 14 1973 Dole.. . — (irte.:1'_:lt; h,..iLy co .c... .1.: joi!:u to:linty', S. 2. 00 en (:..,_tnr) l..• v (After thin cor:vetnce, i/o•„a a rc;.a.m::g 7»/. sdividcd interest i.-•• _i.1) N a with all its appurtenances and warrant(s)the title to the same,subject to...t::xe::.;...nat....u...^.ir:it Leed of Trust to brudentir,l insurance Cot:rany of s.eri en; n second r•. , JAW.-third..Daod...ot..Wru.aL ir..;-.voz o," l..,ure+,ce—...-..e4 v :u Cl ,d € I F. Jeffers; nnc: a fourth Coed of :'r;:: �t of ;Wow: Grantor n theun ;: " _' DS...i1 ..07.9.C.G4...n11...ef._u.1c.i.:...Gr.:.::.teen...hc_,eh;:...:_...:uc.e..._.,c...c.a.om...to.n:.y, . in the proportion and to the extent of said undivided 26• interest. • Signed this /e day of Aar11 A. D. 19.7J,— • In the Presence of 1 aU / j h ..,t / r /` iUXa«i: .Y L t.1`L %\! +''Y LL ,l.4 L�l L"t.�ut4 X!, • kGladys : n roster, _r. s ” ic ,n'.';' • a e- w 0 0 STATE OF COLORADO, t ss. The foregoing instrument was acknowledged before me this' ' County of Weld 1 a,• ../70 day of Aoril •,,oli,.a:.• If. s2�•. by....atali a..inktin..Fautar.,....?•.ilmiino 1, • ft ti' ' . :�C . ; Witness My Hand and Official Seal. / +; 7 Iq;, ii My Commission Expires �C -CC��T , , bGmtuboearvzsfa;I,1174 .ebnc0 '0. O Mailing Address for ' i�'; Future Tax Notices WARRANTY DUD-STATVroav PORN./OR PHOTOGRAPH¢amoRG.—TM(C.I.N0N.n CO.,s.nnn.COLO. NOM • • • fGp meat ..�5=Ced.O.QPp .. .AU.G_14J.4U ,; Y f tool - �4c W,...—. .Mf�e..38( .,_._..M,k,.�..,11.�«dr. f. N • Ou WARRANTY DEED •/"'" _ C C% it LAWRENCE C. JEFFERS and GLADYS F. JEFFF.RS, whose address is Route 1, Box 223, Loveland, County of Latimer, State of Colorado, for the con- i sideratlon of TEN c NO/100 DOLLARS and other valuable oonsldoration, in hams told, hereby sell anu convey to ti O. hOWARD A. FOSTER and ROBERTA M. FOSTER, as joint tcnanta and not j ns tenants in corron, of the County of Weld, State of Colorado, the following real l.roporty in the County of Weld and State of Colorado, to-wit: • !s:, 0.: In Townshi2 12 North, Pane Cl best of the Gth P.N. Ga The N 1/2 of Section 3f e .'•i.�,� in Township 11 P.orthl 1_an°e 61 West of the 6th P_„ e The \F 1/4 of Section 2 'o .'ja ,.�i,. en,ofl Fes ,o- '`r�i9rr' A In ToNrshii, 12 North, u_nae 60 west of the. Cth P.... O�°m �'j"• C flAy. All of Section 28 17 1.11 of Section 29 O°1° e D� rn In Township 11 North Panre CONest of the 6th P.N. n .,r r_ � ti - --A77-rt All of Section G The N 1/2 and the SW 1/4 of Section 7 and an undiviueu one-eighth (1/8) interest in and to the following j described lands situate in Weld County, Colorado, to-wit: In Townshir 12 North, Pange 60 West of the Gth P.M. ,.a. ,;:;.," All of Section 33.te"t'r.`; In Townshir: 11 North, IPunr:ee 60 Kest of the Gth P.M. lx , The NW 1/4 of Section 2 •ci4�;< The N 1/2 anu the SW 1/4 of Section 3 .., The SE 1/4 and the South 1/2 of the NE 1/4 of Section 4 i,2+•)`4 The N 1/2 of Section 5 The W 1/2 of Section 8 The W 1/2 and the SE 1/4 of Section 15 • ':t.'' All of Section 17 )�? The N 1/2 of Section 18 >'r The NE 1/4 of Section 19 All of Section 20 !di, �2/y All of Section 21f'" •,11'q The N 172 of Section 22 with all its appurtenances and warrant the title to the same, subject to present encumbrances of record which grantees assume and agree to pay; to prior reservation of oil, gas and other minerals, and to the 1973 taxes payable in 1974. It is tie intention of Granters to convoy to Grantees in joint tenancy. Ul • Signed this 8th uay cf August, 197 t.... S'PfxL_pt' COLORADO ) ss. ' •eecEWN')'Y. T WELD ) ./ •• le .,. T'he,Yoregoing instrument was acknowledged Y,efore tie this /4l uay • /�.fofipiU•gus"t)f. Is 1973 by Lawrence C. Jeffers and Gladys F. Jeffers. • wa riess ny hand and official seal: '" / .1 ' ° My commission expires�!z.,_ /1:-,./977y _ —.1.2.,./.4 • LL.. /47.X...e-...../ ', . .t Notary Public f :,•qr,.. ka}1`?F • • i a' lo 7 �° 60 EB 271976 '76 a.oaa.a . 'o'clock ._ iE' 2t aw. w. . 35 pies x. mans . � I WARRANTY DEED sp, WHEREAS, the hereinafter described property is owned in undivided interests as follows: Howard A. Foster and Roberta Y. Foster 51% Charles 8. Foster 12}% co Marian L. McDowell 12}% Gladys I. Foster 24% i and, o WHEREAS, it is intended that the property be conveyed in such ^ proportions so that after the property is conveyed, the interests of • the owners will be reflected as follows: Howard A. Foster and Roberta Y. Foster 83}% Gladys I. Foster 363% NOW, THEREFORE, CHARLES S. FOSTER and MARIAN L. McDOWALL, for 14 the consideration of other good and valuable consideration and TEN ,. DOLLARS, hereby sell and convey all of their 25% interests as follows: To Howard A. Foster and Roberta M. Foster 12}% To Gladys I. Foster 123% the real property being described as: The North Half (N}) of Section Twenty-two (22), Township Eleven (11) North, Range Sixty (60) West of the 6th P.M. The Northwest Quarter (NW}) and the South Half (S}) of Section Fifteen (15), Township Eleven (11) North, Range Sixty (60) West of the 6th P.Y. All of Section Twenty-one (21), Township Eleven (11) North, Range Sixty (60) West of the 6th P.M. All of Section Twenty (20), Township Eleven (11) North, Range Sixty (80) West of the 6th P.M. The Northeast Quarter (NE}) of Section Nineteen (19), Township Eleven (11) North, Range Sixty (80) West of the 6th P.Y. The East Half (El) of Section Seventeen (17), Q� Township Eleven (11) North, Range Sixty (60) West 3p (y of the 6th P.Y. yyeiev-7 ti a lltl alY p �./i'�/ Y/" Iwb'Pl Jii uaac4FKitwtarzda RESERVING ALL oil, gas and mineral interests presently 0 owned by grantors in their respective proportions, with all its appurtenances and warrant the title to the same, subject to matters of record and rights of way for roads and utility lines, if any. -1- 1 I. i i°°1.fi) 1682235 Signed this 426111 day of ilti i/Lh. , 1878. ettih/W /A97&-?eAseie 8•t{ i ;�OL9nno +'r \ ) ss. ObWial dip hit Ill • e foregoing instrument was acknowledged before me this .lig.rtG day of ` /{,ti/....14 , 1878 by Charles 8. Foster. WITNESS my� and official seal. My Commission expires wmuMmmnurve, .,o 1, , . a�,E88gc 1/4" elOl ` iSe '0/ �1MtY sip N UiL Ri -•. G p / •3 S" '{fit' .dJ2-t.EJ!) )4I0 ^7..,t�heme foregoing instrument was acknowledged before me this alit= day of 7-44vi.e.rsta , 1976 by Marian L. McDowall. WITNESS myihand and official seal. My Co®ission expires ariCOMMtSmON DP CS APR f.HA . -2- A 760 Reseeded atiA `�_..fp w.t.'2_r` amens Ne_.14t4 • in SHIM. It. ibwn d . 1 e CLOTS I. T0SfO1, a widow weaan , One address le Grover, Colorado i% w in 0es4 et Weld ,aad Sate el 1' co r? Colorado ,ass the eeetideratln et Other valuable a h ' a�oDp K considerations and Ten O Dali n,la toad paid, Mnl7 sell®ad Wait slat(,) a HOWARD A. r0CTE AND .. .... . ROSQ!A Y. BONER • vitae address Is Craver, Colorado Onaq it Weld ,ad State et Colorado ,tie hfn,ig nal report:,a the duty et Weld ,sad Sate of Oelwade,a situ The West Ball ($) and the Southwt Quarter (SR}) of potion 15, the het Walt (( of Section 17, the Northeast Quarter (Ilk) of Section 19, all of Section 20, all of Section 21, and the North Ralf (N}) of Section 22, all la Township 11 North, Range 60 West of the 6th T. K. • ,. • vpb salts spOertearss Sped this 26th dq et Tebru►ry ,12 76. li S. roers a widow worn SWATS OS OOLOLDO, dusty et Weld / The teeyeSS flat wee aeloswledpd before se this 2 Co b et ........4 ibruary .1I76 .17 Gladys I. Tooter, a tidow worn. ..¶...!>.j` 1ulQ.tr eta tgac ` X/,/9 78 (74(1l117- PODoC• .....� ay.,py,1'Or f Wet eeieeer.�`�. �w w, .raY..� +e. r ewMert 1a,i erlr . .F i��,_r t.�n.. ,a w MY�i(•i3 i,e� e e 11►111. We OYe le-sswt toot Inns sot i r 't .a 'a..aid a,r a e.,.,e.tw.► (; •v r �-�y. St '.' lti it 1 k. na,K �-1_ P MAY 12.191.1. 1 %'..37 Rec. No. . 1'759077 Mazy n,.,Fa.nntalr, n.co d.r k -I II WARRANTY DEED Y •i I ni,l:A'hT) AMDiR hi is, 'i'P::3, also known a:; Rowan! A. Foster, cc. and H(dtENTA 11. F( DoR, husband end wife, of Route 2, Grover, 41 County of Wel'i, ;'Site of 0olorn%io, for the consideration of o • c., Ten Dollars (.il0."0) and other good and valuable consideration, '.e: H , sal: and (,idiocy to: r. lit WARN i,I1DR:•;:! F(.JEER, also known as Howard A. 1 ca N Foster, and R0BERTA M. FOSTER, iiUSBAND AND "• - :� into in common, of Route 2 Grover, `� o , Weld,of . ld, an: State of Colorado,(said grantors '�• and said grantees being one and the same parties) • • 7 the following real prep a.•ty in the County of Weld, and State of Colorado, to “it: I ID TOWISiiIP ii DCRT}i, RANCE SC WEST OF THE Gth P.N. : .`"i� • Section C of the oil, gas and minerals in i MI 1/' , ...:'i .V :Motion 5, 'r';"Ci of the oil, gas and minerals in 1:1 the N 1/1' and S4, 1/4; '•' -1 Scot.on the li 1/2 of the NE 1/4, NW 1/4, and `' II 1/2 of the SW l/, ; and 75% of the oil, gas, and minerals in One SE 1/4 and in the S 1/2 of e. . 'I the NE 1/'. ,j Section i, the S 1/2; and 75% of the oil, gas 111 and minerals in the N 1/2; , ,ti Section G; a,; „!I Section 7; 'k,;j] Section 15, the W 1/2 and the SE 1/a; l.i..1f Section 1?, the E 1/2; and 75% of the oil, gas ,a7 and minerals in the W 1/2; �` Section 18, ?5' of the oil , gas and minerals + '•Y;:1 in the ti 1/?; . .� ;4 :,ucti.on 19, I.he NE 1/4; Section 20; Section 21; 1 1.. Section 22, The H 1/2; 0') •::',"t IN T0'WNSIIIF 12 SOUTH, RANGE GO WEST OF THEGth P.N. : ' rL , Section 28, 50% of the oil, Fps and minerals; Section 29, 50% of the oil, gas and minerals; ''•- =t ;notion 32, the S 1/2; r• _ N-.`J•� Gection ,3, 75% of the oil, gas and minerals; • ,,{t.E �'.4 7 .1,1, •' t•`r :_ 4...'4 jAnfi2 Y /."Vcr.J tsiV rx !-,:. J + - f ; r°s�Cart r>y+ R l r:k, 4y i t7�"N t4r•,. sb k .f fie, g ,1 ,1-?i It' •iv- .' t•v,,e,T I 1�1,[:i�'�. .d�4vv r),:.¢7 > , L.:a' r J . .1 7 ,.s; 1 , • • 4, .l� .'i • ,1.1 itt Jar 5 I 1 E 4 ,m, v YfV .•, w• ri 1• �,. N•h�f tp fI • 1 t i'R ° •fr ,' P1 !'{'V'. xr ai a F �� 4:�Pi1d' .4":6K 1 ':a1 ik .1 .y C.Jfiiitta 'rig• .F.i.F IN TCWNOII1I 11 NORTH, RANGE Cl WEST OF THE 6th P.M. :.�+ i Section 2, the NW 1/4 ; 'f•' 3'5 IN TOWNSHIP 12 NORTH, RANCE 61 WEST OP THE 6th P.M. : • yf, ^'. Section 3t , the N 1/2; J.• 'y with all it,; appurtenances, and warrant the title to the same ^si g. i subject to Loxeu, matters of record and rights of way for Vii ' • roads and utility lines, if any. •+%=' (?s_eceinv: Gil, Gas end ^tinersl interest - _:_ea'tegies r,; I ,V are net: of 10O%; and where no mention of oil, gas and minerals ` ! t°j in those instances, ownership of oil , as and minerals is of • , i, A's • '( ? all thereof as was owned by Clarion Clay Foster at the time of t .: i,, his deathon January 11, 1971.) 94, °5.� DATED THIS L2, t4 day of 91/02„, , 1977. --.I- .: Howard Andrew Foster, a/k/a l . -'',` Howard A. Foster , l fi'i. i /� ., ft A.(l.L�.�-ti Y ski D'2-�.t-'�) ; ] ;;; oberta M. Foster `( {rC -?'Sl/1 ', Husband and Wife At! .. ('•!"" ' ; STATE OF COLOIU,D098. el; .?.�: COUNTY OP WELD J ,kt., The foregoing instrument, was acknowledged before me this el' 4� / day of 4,4/t.,- , 1977, by Howard Andrew Foster, a/k/a •41 Howard A. Poster, a d Roberta M. Foster, husband and wife. • x;3'1 7 J' f MY Camnlslon ixplrn� •.. Ntao f r' My commission on expires on: AuQ. J, 1478. %4• 4� ol ... . .. , i� B .:• ,kl Notary Pu lic y'•, b Y 1 0 t‘/, Id -•. • • B 1241 REC 02189305 08/22/89 16:08 $20.00 1/004 F 1869 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO AR21A4305 AGREEMENT FOR SALE OF MICROWAVE TOWER AND OPTION TO LEASE BACK SPACE THEREON THIS AGREEMENT is made and entered into this _7. day of August, 1989, by and between DUHAMEL BROAD- CASTING ENTERPRISES, OF Rapid City, South Dakota, Party of the First Part, hereinafter referred to as "Duhamel" and HOWARD FOSTER d/b/a BAR BELL RANCH, of Grover, Colorado 80729, Party of the Second Part, hereinafter referred to as "Foster". 1. Purpose. Duhamel is the owner of a certain microwave tower situated upon land owned by Foster which Duhamel is willing to sell to Foster and Foster is willing to buy and to grant to Duhamel an option to renegotiate a lease for equipment upon the tower and use of the building used in conjunction with the tower pursuant to the terms and conditions hereinafter contained. 2. Sale of Microwave Tower. Duhamel, for the total purchase price of Three Thousand Dollars ($3,000.00), to be paid in cash by Foster, does hereby agree to sell to Foster that certain microwave tower owned by Duhamel which is located approximately nineteen (19) miles south of Pine Bluffs, said tower having an overall height of 250' , which is situated upon the following described real 4 }/Q, estate, to-wit: Northeast Quarter (NEB) of Section One mad xl) , Township Eleven (11) , North, Range Sixty (60) , in Weld County, Colorado. 305 F 1870 MARYOANN9 / 60 $20.00 FEUERSTEINCLERR6RECORDER WELD erg 3. Option to Lease Back. In consideration of Duhamel selling the tower to Foster for the consideration herein specified, Foster does agree to grant to Duhamel an option for a period of twenty-five (25) years from date hereof should Duhamel ever have need for placing television transmission equipment upon said tower and in said building, to enter into a lease with Foster to locate Duhamel equipment upon said tower and in space in the building adjacent to the tower, together with reasonable means of ingress and egress to and from said tower and building to a public road in close proximity thereto. If Duhamel shall have need for the use of said tower and building as aforesaid, it shall give written notice to Poster of such need and the parties shall enter into reasonable, good faith negotiations to enter into a lease, to the extent that there is space available on said tower and in said building, said lease shall be for a negotiated reasonable period of time and at a reasonable negotiated rental figure. 4. Binding Upon Heirs and Assigns. It is agreed that the option to lease shall inure to Duhamel, its successors and assigns and be binding upon Foster, his heirs, successors and assigns in the event that he shall dispose of said real estate. 5. Time shall Be Deemed of the Essence of This Agreement. The parties agree that time shall be deemed -2- 8 1241 REC 02189305 08/22/09 16:08 $20.00 3/004 F 1871 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO of the essence of this agreement. IN WITNESS WHEREOF, the parties have executed this agreement in two (2) counterparts, each of which shall be deemed an original, the day and year first above written. DURAM L BROAD �c NNC ENTERPRISES William F. Duhamel, Sr. Its President Party of the First Part HOWARD FOSTER d/b/a Bar Bell Ranch Party of the Second Part STATE OF SOUTH DAKOTA ) S COUNTY OF PENNINGTON ) .On this the me, the undersigned Notary Public, perso of nally 1989,p before d William F. Duhamel, Sr., who acknowledged himself tothe President of Duhamel Broadcasting Enterprises, a cor- poration, and that he, as such President, being authorized so to do, executed the foregoing instrument for the purposes therein contained, by signing the name of the corporation by himself as President. official seaIN WITNESS WHEREOF, I hereunto set my hand and l. I Notary Public, Sd(th Dakota <./..tellirCiii1t ssion expires: /o - 91 `p'141t SEAL) ° •„ el I , U`r Ktfp DP, NJ e _ . B 1241 REC 02189305 08/22/89 16:08 $20.00 4/004 F 1872 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO STATE OF COLORADO SS. COUNTY OF On this the 7-2— day of August, 1989, before me, the undersigned Notary Public, personally appeared Howard Foster d/b/a Bar Bell Ranch, known to me or satisfactorily proven to be the person whose name is subscribed to the within instrument and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ( 95C--\ Notary P b ic, Colorado My commission expires: I/ 2_3/9 I „.(,SEAL) ; P.-7.4!0.0-r F}� -4- AH24442V8 WARRANTY DEED THIS DEED, Made this 26th day of June, 1995 between Roberta H. Foster, Howard A. Foster, also known as Howard Andrew Foster of the County of Weld and State of Colorado, grantor, and Kenneth H. Everitt and Penny L. Everitt whose legal address ie 45571 WCR 118, Grover, CO 80729 of the County of Weld and State of Colorado, grantees: (157,215.00) Fifty-seven thou. WITNESS that the grantor for and in consideration of the sum of ONE HUNDRED/8IZ7YTwo Hund. mc AAymoseivRAI,ii.9�41+yspp ANE+Uf,hpAv iAItv,o , , h(sy ,Ki2 ,44) Dollars, the receipt Fifteen au su iciene o which c hereby k ebJ4d granted, bargained, sold and rEF conveyed, and by these presents does grant, argain, sell, convey and confirm unto the grantees, their heirs and assigns forever, not in tenancy in common but in JOINT di TENANCY, all real property, together with improvements, if any, situate, lying and \CD. being in the County of Weld and state of Colorado, described as follows, SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF also known by street and number as Vacant Land, Weld County, Colorado TOGETHER with all and singular the hereditament. and appurtenances thereunto belonging, or in anywise appertaining and the reversion and reversions, remainder and ' ders, 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 hereditament. 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 wall 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 aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, except general taxes for 1994 and subsequent years; except easements, restrictions, covenants, conditions, reservations and rights of way of record, if any; 2444248 B-1498 P-741 06/27/95 02:47P PG I OF 2 REC DOC Weld County CO Clerk & Recorder 10.00 15.72 The grantor shall and will WARRANT AND FOREVER DEFEND the above-bargained premise. in the quiet and peaceable possession of the grantees, their heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all gender.. IN WITNESS WHEREOF the grantor has executed th eed onyy the _date set forth above. JJA7 />/1. CIYAI!!X R erta M. Foster Howard A. Footer, also known as Howard Andrew Foster STATE OF COLORADO se. The foregoing instrument was acknowledged before me County of Weld ) this 26th day of June, 1995 by Roberta M. Foster Howard A. Foster, also known as Howard Andrew Foster ay pi/ Witness my hand and official seal. �Q'f'""..,,•,Od ,.' My commission expires MYCmnnassOHE**OS 10,1997 ^dRO. sr:6 77 Ck. `R Pi DO�COiiO; NOTARY PUBLIC n'•. I,t 1113 Tenth Avenue No. 921A. Rev. 3-85 D7 " e Greeley, COLORADO 80631 .4".OECOL Order No. : 8036126 (PAGE 3) EXHIBIT A 2444248 B-1498 P-741 06/27/95 02:47P PG 2 OF 2 PARCEL 1: Township 11 North, Range 60 West of the 6th P.M., County of Weld, State of Colorado. section 20: S1/2 Section 21: All Township 11 North, Range 61 West of the 6th P.M. , County of Weld, State of Colorado. Section 14: SW1/4 RESERVING HOWEVER, Unto Grantor, all mineral rights currently held on property until the year 2000. At that time the Buyer will receive 1/2 of all mineral rights owned by the seller. RESERVING HOWEVER, Unto Grantor, ownership of TV Tower and right of way of 10 acrea surrounding the TV Tower and right of way to the TV Tower on Sec. 21, T11, R60. RESERVING HOWEVER, Unto Grantor, all hunting rights on all of the property above for a period of 20 years. • 521 1111111111111111111111111111111111111111111111111111111 3363527 02/16/2006 11:37A Weld County, CO 1 of 4 R 21.00 D 0.00 Steve Moreno Clerk& Recorder Prepared by and return to: Nelson S. Teague, Jr. 310 Fourth Street,N. E. Charlottesville,Virginia 22902 MEMORANDUM OF LEASE AND EASEMENT 3oeuary This Memorandum of Lease and Easement ("Memorandum")is made on 4, 2006 by and between Kenneth H.anf Penny L. Everitt(collectively, "Lessor") and Cedar Creek Wind Energy, LLC ("Lessee"). WHEREAS: A. Lessor is the owner of the property described on attached Exhibit A (the "Property"). B. The parties entered into a Land Lease and Wind Easement(the "Agreement") on October 29, 2003 (the "Effective Date"). C. The Agreement by its terms grants to Lessee the exclusive right to use the Property for the purpose of constructing, installing, operating and maintaining wind energy conversion turbines, wind resource and weather measurement equipment, supporting structures, foundations and pads, footings, electrical transformers, fixtures, and storage equipment,electric distribution and transmission lines, access roads, interconnection facilities and related facilities and equipment on the Property to the extent set forth in the Agreement. D. The term of the Agreement is forty(40) years from the Effective Date. E. The parties desire to enter into this Memorandum which is to be recorded in order that third parties may have notice of the interest of Lessee in the Property and of certain easements and rights granted to Lessee in the Property as part of the Agreement. NOW, THEREFORE, in consideration of the rent and royalty payments and covenants provided in the Agreement to be paid and performed by Lessee, Lessor hereby grants to Lessee certain easements with respect to the Property as more particularly set forth in the Agreement. All of the terms, conditions, provisions and covenants of the Agreement are hereby incorporated into this Memorandum by reference as though fully set forth herein, and the Agreement and this Memorandum shall be deemed to constitute a single instrument or document. Should there by any inconsistency between the terms of this Memorandum and the Agreement, the terms of the Agreement shall prevail. 11111111111111111111111111111HI11u III 1111111111111 3363527 02/16/2006 11:37A Weld County, CO 2 of 4 R 21.00 D 0.00 Steve Moreno Clerk& Recorder IN WITNESS WHEREOF,the parties have executed this Memorandum as of the date set forth above. Lessors: Le,•• N Is Kenneth H. Everitt Penny L. :ver STATE OF COLORADO COUNTY OF WELD "' The foregoi instrument was acknowledged before me this J5 I day of errep,I' , 2005 by ndin H-ofea 4 1onnJt Leu1-il) ll �! MARGARET E BURNETT ; (F NOTARY PUBLIC ' Na e: STATE OF COLORADO ; Title: Notary Public 7711i aornmialm eyrn c /0-/2-zoc* Lessee: CEDAR CREEK WIND ENERGY, LLC By — A d42 ' Name: Stanislav A. Reisky de Dubnic Title: President 2 . 1111111 11111 11111 1111111 11111II11111111II 111111 I I I 11111 3363527 02/16/2006 11:37A Weld County, CO 3 of 4 R 21.00 0 0.00 Steve Moreno Clerk& Recorder STATE OF VIRGINIA COUNTY OF ALBEMARLE The foregoing instrument was acknowledged before me this 10 day of ?anuari , 2006 by Stanislav A. Reisky de Dubnic as�the President of Lessee. My Commission Expires Name. Nets,4g•��„Q a . ctober 31.2008 Title: Notary Public 3 11111111111111111111111111i1I1I11111111III1111111111111 . 3363527 02/16/2006 11:37A Weld County, CO 4 of 4 R 21.00 D 0.00 Steve Moreno Clerk& Recorder EXHIBIT A Legal Description of Property Parcel Number 021520000011: Section 20 Township 11 Range 60 Tract Description: The south half of the section. (320 acres total) Parcel Number 021521000002: Section 21 Township 11 Range 60 Tract Description: All of the section except upper res. on the north half of the southwest quarter. (664 acres total) 4 • 11111111111111111111111III�1111111111 III 11111IIII IIII • 691 3392691 06/01/2006 12:56P Weld County, CO 1 of 4 R 21.00 D 0.00 Steve Moreno Clerk& Recorder OPTION AGREEMENT THIS OPTION AGREEMENT ("Option Agreement") effective as of the 26 day of �� , 2006 (the "Effective Date") is made by and between Cedar Creek Wind Energy, LLC having its offices at 310 Fourth Street, N.E., Charlottesville, Virginia 22902 ("Optionee") and Kenneth H. and Penny L. Everitt, ("Optionor") whose address is 45571 Weld County Road 118, Grover, CO 80729. RECITALS WHEREAS, Optionor is the owner of the real property described in Exhibit A attached hereto and hereinafter to be referred to as the "Premises" which may be utilized in connection with the construction of certain electric interconnection, transmission and distribution facilities (as contemplated and defined in the Transmission Easement Agreement attached hereto as Exhibit B (the"Easement Agreement") and incorporated herein by this reference); WHEREAS, Optionee desires to acquire an option to purchase a perpetual right and easement in, along, under, and across the Premises under the terms and conditions hereinafter set forth. AGREEMENT NOW,THEREFORE, for good and valuable consideration and the mutual promises and covenants herein contained, the receipt and adequacy of which is hereby acknowledged, it is mutually covenanted and agreed by the parties hereto as follows: 1. Option. A. For and in consideration of Five Hundred Dollars and 00/100 ($500.00), paid by Optionee to Optionor (the "Option Fee"), and upon and subject to the terms, conditions and provisions hereinafter set forth, Optionor grants to Optionee an option to purchase a non- exclusive perpetual right and easement in, along, under and across the Premises (the "Option") in accordance with the terms and conditions of the Easement Agreement. B. The Option shall continue in full force and effect until midnight, local time in the community where the Premises is located, twelve (12) months from the Effective Date (the "Option Period") at which time it shall expire (the "Expiration Date"). Notwithstanding the foregoing, Optionee shall have the right to extend the Option Period for up to two (2) additional twelve (12) month periods by notifying Optionor in writing and paying an additional Option Fee per each 12-month extension, which written notice and payment must be delivered to Optionor at least thirty (30) days prior to the expiration of the then current Option Period. C. Optionee may exercise the Option at any time during the Option Period by (i) signing and providing Optionor with a notice of exercise of the Option in the form attached hereto as Exhibit C (the "Notice of Exercise") and providing a copy of the Easement Agreement to be recorded and (ii) signing and recording the Easement Agreement which will include a more 1 111111 11111 iii!!111111 1111 111111 1111 11 III 3392691 06/01/2006 12:56P Weld County, CO II'I 1111 2 of 4 R 21.00 D 0.00 Steve Moreno Clerk& Recorder specific land and legal description for the Premises as referred to above, in the official records of Weld County, Colorado. 2. Option Period Study. Optionee and the contractors and agents of Optionee shall have full access to the Premises during the Option Period III which to conduct a feasibility study, at the expense of Optionee, to determine if the Premises are suitable for use in the transmission and distribution of electric energy, all as further described in the Easement Agreement ("the Intended Use"). Prior to Optionee or any of its contractors or agents accessing the Premises, Optionee shall call Optionor at (970) 895-2353 at least forty-eight (48) hours in advance of such access to notify Optionor. Optionee shall insure that if anyone accesses the Premises pursuant to the terms of this Section, such person shall (i) not disturb or cause any distress to any livestock then located upon the Premises, and (ii) shall properly use and close all gates so that no livestock leave the Premises, and no livestock or other animals or trespassers access the Premises. 3. Easement Execution. Upon providing the Notice of Exercise, Optionee will execute and record the Easement Agreement with surveyed legal description of the easement area (Schedule I) and will pay Optionor the sum of a per mile (Miliniper acre). Upon execution and recording of the Easement Agreement, all rights and other provisions of the Easement Agreement shall become immediately effective and binding upon the Premises without any further act or action of either party. 4. Assignment. This Option Agreement may be assigned by Optionee, provided that Optionee deliver a copy of such assignment including the contact information for such assignee to Optionor before such assignment shall be binding upon Optionor. This Option Agreement, and any assignment thereof, shall bind and inure to the benefit of each of the parties hereto, their respective heirs, personal representatives, successors, subsidiaries and assigns. No such assignment shall release Optionor, its heirs, personal representatives, successor, subsidiaries and assigns from its obligations under this Option Agreement. 5. Counterparts. This Option Agreement may be executed in two (2) or more counterparts, each of which shall be deemed an original hereof, but all of which, together, shall constitute a single agreement. (signatures appear on the following page) • 1111111 NH 11111 MI 1111 111111 1V 11111 !III 1111 3392691 06101/2006 12:66P Weld County, CO 3 of 4 R 21.00 D 0.00 Steve Moreno Clerk& Recorder IN WITNESS WHEREOF, this Option Agreement has been duly executed on the day and date set forth below the respective signatures and seals of Optionee and Optionor: OPTIONOR OPTIONEE IS CCC 4aa. Name: Kenneth H. Everitt S. A. Reisky de Dubnic, President Date: F� Date: cr/z�O6 I`6 - aDo� OPTIONOR Name: Pe L. Everitt N MARGARET E. BURNETT fx i 8.. �Cn) NOTARY PUBLIC STATE OF COLORADO STATE OF COLORADO ) ) ss. COUNTY OF WELD ) The foregoing instrument was acknowledged before me this li day of )if1 1 2006 by Kenneth H. and Penny L. Everitt. 11 Witness my hand and official seal. My commission expires: 1O- 12-20 11Ivotar Public STATE OF VIRGINIA ) ) ss. COUNTY OF ALBEMARLE ) ��.rt,, The foregoing instrument was acknowledged before me thisa(p"tiay of Apr;l , 2006 by S. A. Reisky de Dubnic as President of Cedar Creek Wind Energy, LLC. Witness my hand and official seal. My commission expires: isOng eitdiati Not ry Public I,v Ci• ✓r • • Exhibit A Page 1 of 1 Mita "het 1 1111111111111111111111 1111 111111 111111 111 11111 1111 III I 3392691 0610112006 12:56P Weld County, CO 4 of 4 R 21.00 0 0.00 Steve Moreno Clerk& Recorder Township 10 North Range 61 West County Weld State Colorado 7 E E Eg J 0 11 12 18 17 16. 15 14 13 1B 20 21 22 23 24 KAP Everitt 30 29 20 27 {} 25 J Appro mate location of the Option Area-150 feet co each slie of toe �a 131 32 33 34 35 L 111111111111111111 1211111111111111 11111 Recorder 3439894 12106/2006 12:04P Weld County CO 8941 al 8 R 31.00 D 0.00 Steve Morea RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: CEDAR CREEK WIND ENERGY, LLC c/o Bonnie McMurtry Andrews Kurth LLP 600 Travis, Suite 4200 Houston,Texas 77002 (Space above for Recorder's Use) FIRST AMENDMENT TO LAND LEASE AND WIND EASEMENT This First Amendment to Land Lease and Wind Easement('Amendment') is entered into as of November., 2006,by and between Kenneth H. and Penny L. Everitt (collectively,the "Lessor") and Cedar Creek Wind Energy, LLC ("Lessee") with respect to the following facts: A. Lessor is the landlord, and Lessee is the holder of the tenant's interest, under that certain Land Lease and Wind Easement dated October 29,2003 (the "Lease") concerning approximately 984 acres of land in Weld County, Colorado as more particularly described in Exhibit A to the Lease as the same is evidenced of record by a Memorandum of Lease and Easement recorded at Reception No. 3363527 in the Official Records of Weld County,Colorado (the"Memorandum"). B. The parties desire to amend the Lease as set forth below. NOW,THEREFORE, for good and valuable consideration including the mutual covenants contained herein,the receipt and sufficiency of which is hereby acknowledged;Lessor and Lessee agree as follows: I. Exhibit A. Exhibit A of the Lease is amended to delete the following property from the property description attached to the Lease such that the description of the property remaining subject to the Lease is attached hereto as Schedule 1 Parcel#021525000007 —Township 11 —Range 60-Section 20 Tract Description: S2 (Total Acres: 320) H0U2636247.1 I11111111111N111111111111IIII1,II III 11111111111 • 3439894 12106/2006 12:04P Weld County, CO 2 of 6 R 31.00 D 0.00 Steve Moreno Clerk& Recorder 2. Miscellaneous. 2.1. Capitalized Terms. For purposes of this Amendment, all capitalized terms not specifically defined in this Amendment shall have the same meaning as in the Lease. 2.2. Full Force and Effect. Except as modified by this Amendment, the Lease and all terms and conditions thereof remain in full force and effect. 2.3. Multiple Counterparts. This Amendment may be executed in several counterparts. Each of the counterparts hereof executed shall for all purposes be deemed to be an original, and all such counterparts shall together constitute but one and the same instrument. 2.4. Memorandum. This Amendment shall also be effective as an amendment of the Memorandum. (signature pages to follow) HOU:2636?47.1 11111111111 liii IIII 1111111111111 IIIII III 11111 IIII IIII • • 3439894 12/06/2006 12:04P Weld County, CO 3 of 6 R 31.00 D 0.00 Steve Moreno Clerk& Recorder IN WITNESS WHEREOF, the parties have executed this Amendment as of the date set forth above. LESSOR: Kenneth H. Everitt a S1 Penny L. 'tt STATE OF & ord`l4 ) ) ss. COUNTY OF U_iri?iu ) The foregoing instrument was acknowledged before me this 17 day of November, 2006 by Kenneth H. Everitt and Penny L. Everitt. Witness my hand and official seal. My commission expires: /6 ✓Z-2O10 9 9 }.)&44-ai e ;71-1/A-rveth Notaty PAISlic MARGARET E. BU.RNETT NOTARY PUBLIC STATE OF COLORADO HOU:2636247.I 111111111111 11111 IIII1111111111111Illil111IIIII1(111111 • 439894 12/06/2006 12:04P Weld County, CO 4 of 6 R 31.00 D 0.00 Steve Moreno Clerk 8 Recorder LESSEE: CEDAR CREEK WIND ENERGY,LLC By: Cedar Creek Wind Holdings LLC, its managing member By: Greenlight Energy, Inc., member of its management committee By: Dr°Il" Name: Mavid AS+° Title: L4artrrf — By: Babcock & Brown Rene e Holdings Inc., member of its management committee B y: Name: Title: HOU:2636247_I lit III IIIII Ell IIII . 3439894 12/06/2006 12:048 Weld County, CO 5 of 6 R 31.00 D 0.00 Steve Moreno Clerk& Recorder STATE OF VirtinlA. § COUNTY OF Al tni dt § The foregoing instrument was acknowledged before me this .30'day of November, 2006 by, Da u f d-A- Stare r Au-1 i647 e d Acre-of of Greenlight Energy, Inc. a Virginia Corporation, member of Cedar Creek Wind Holdings LLC,the managing member of Cedar Creek Wind Energy, LLC, a Colorado limited liability company, on behalf of the company. amine Watscoki Witness my hand and official seal. + NOTARY PUBLIC f . ,. siv Commission Fah hooter 30,2010 My commission expires: df &� Notary Public STATE OF § COUNTY OF § The foregoing instrument was acknowledged before me this, day of November, 2006 by, % of Babcock & Brown Renewable Holdings, Inc. a corporation;member of Cedar Creek Wind Holdings LLC, the managing member of Cedar Creek Wind-Energy, LLC, a Colorado limited liability company, on behalf of the company. Witness my hand and offiC al seal. j ii My commission eWi es: • Notary Public HOU2636247.1 • • SCHEDULE1 LEGAL DESCRIPTION Parcel Number 021521000002: Section 21 Township 11 Range 60 Tract Description: All of the section except upper res. on the north half of the southwest quarter. (644 acres total) 11111/I 11111 II II!!OE 1111111 IIIII III Ell 1111 1111 3439894 12/06/2006 12:04p Weld County, co 6 of 6 R 31.00 0 0.00 Steve Moreno Clerk& Recorder HOU:2676247.1 02/00/2 007 IIIIII VIII VIII IIIIIII III VIII VIII III VIII IIII IIII H LLC • PAGE 02/02 Oil 13465053 f1 03/29R 6.00/2007 D 0.00 9:34A Weld Stev County, MorenoClerk& Recorder TERMINATION OF AGREEMENT FOR SALE OF MICROWAVE TOWER AND OPTION TO LEASE BACK SPACE THEREON RECORDED AUGUST 22, 1989 IN BOOK 1241 AT RECEPTION NO. 02189305 On August 22, 1989, Howard Foster, dba Bar Bell Ranch of Grover, Colorado 80729, and Duhamel Broadcasting Enterprises of Rapid City, South Dakota, a corporation, entered into an agreement for sale of a microwave tower to Howard Foster, dba Bar Bell Ranch, and Duhamel Broadcasting Enterprises was granted an option to lease back space thereon for a period of 25 years from August 22, 1989 to enter into a lease with Howard Foster, dba Bar Bell Ranch,to locate broadcasting equipment upon said tower and in space in the building adjacent to the tower, together with reasonable means of ingress and egress to and from said tower and building to a public road in close proximity thereto. Additionally, Duhamel Broadcasting Enterprises had the right for said period of time to place television transmission equipment upon said tower and said in building. Duhamel Broadcasting Enterprises hereby terminates its option to lease back space upon the tower, and for use of the building used in conjunction with the lower pursuant to the terms and conditions set forth in the Agreement for Sale of Microwave Tower and Option to Lease Back Space Thereon dated August 22, 1989, which was recorded at Book 1241, Reception No. 02189305 on August 22, 1989 in the Weld County Clerk and Recorder's office, Weld County, Colorado. rN WITNESS WHEREOF, a representative of Duhamel Broadcasting Enterprises of Rapid City, South Dakota. a corporation, has executed this Termination of Agreement for Sale of Microwave Tower and Option to Lease Back Space Thereon recorded on August 22, 1989, as set forth herein. DUHAMEL BROADCAST 9 ENTERPRISES "" :!'-''RT TITLE �j cq��/� 2.OO7O19S• By: Monty Loos � // Title: C-P1c Y `-.4- c,:i> /1�9-7-?-57(lij STATE OF SOUTH DAKOTA ) )SS COUNTY OF Tenni;ng4}r\n ) On the 941\ day of _ rtik/ , 2007, before me, the undersigned Notary Public, personally appeared to me, Monty/Loos, who acknowledged himself to be the c� PrnAirscus rf ,"„aged of Duhamel Broadcasting Enterprises, a corporation, and that he, a9 such l being authorized so to do, executed the foregoing instrument for the purposes therein contained, by signing the name of the corporation by himself as CCaioc�t rtlnmgcez . Witness my hand and official seal. • My commission expires: It yam I C 1 /U71L� J� Notary Public M t vivmmoMe.eprdn.nrc Mc - ! N 2 k, sa' 7'n � cc l . c>"43�v MAR. 22. 2007 8: 12AM *WART TITLE GRLY • NO. 801 P. 2/6 1111111111 11111 111111111111 11111111II1111111111 I I I I 3465054 03/29/2007 09:34A Weld County, CO 054 1 of 5 R 26.00 D 10.00 Steve Moreno Clerk&Recorder WHEN RECORDED RETURN TO: Name: Mark Fulling Address: 3352 West le Street Drive Greeley,CO 80634 WARRANTY DEED THIS DEED,made this 23rd day of March,2007,between Kenneth H. Everitt and Penny L. Everitt whose is grantor,and Mark Pulling whose legal address is3352 West 19th Street Drive, Greeley,CO 80634,grantee It. WITNESS, that the grantor, for and in consideration of the sum of $10.00, 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 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 said County of Weld and State of described as follows: See"Exhibit A"attached hereto also known by street and number as: 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. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantee,his heirs and assigns forever. And the grantor, for himself his heirs, and personal 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 conveyed,has good, sure,perfect, absolute and indefeasible estate of inheritance, in law,in fee simple,and has good right, bill 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 soaves,except General taxes for the year 2007 and subsequent years; and those specific exceptions described by reference to recorded documents as reflected in the Title Documents accepted by Grantee(s) In accordance with Section 8a(Title Review)of the Contract to Buy and Sell Real Estate relating to the above described property;distribution utility easements(including FiMMMmabrn 30070195 Siena Title ofColonde-PtrxabsDivis;oa T a I ART TITLE WammyDeed-JoinT .S(mmvidorl) Pia l of •7nn701�J— • NO. 801 P. 3/6 111111111111 Hill tit 111111I III1111111111131111 3465054 03/29/2007 09:34A Weld County, C 2 of 5 R 26.00 D 10.00 Steve Moreno Clerk& Recorder cable TV); those specifically described rights of third parties not shown by the public records of which Grantee has actual knowledge and which were accepted by Grantee(s)in accordance with Section 8b (Matters not shown by the Public Records) and Section 8c (Survey Review) of the Contract to Buy and Sell Real Estate relating to the above described real property, inclusion of the property within any special tax district; and, the benefit and burdens of any declaration and party wall agreements,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. W)TNESS WHEREOF,the grantor has executed this deed on the date set forth above. co /IOC-4/71/ :..3 Kenneth If.Everett _;tsdria - STATE OF Colorado COUNTY OF Weld The foregoing instrument was acknowledged befo me this 23rd day of March,2007, by Kenneth H.Everitt and Fit lii.t b ayiMy commission expires lo id . Witness my hand and official seal. N Public: MARGARET E. BURNETT NOTARY PUBLIC <� STATE OF COLORADO 7S` �' ,c lot' lLlI�Ka�W Miff) DE AID alf° urgcruattnt- -11AL°Incl daq tbituttni ?Del uP k/ ({.�J�C.P A ' :. Gl1CREHA*.... �' -. "'� %MCP'' / co `yOTARY`••:. :f Iran rrnibr:20070193 tC:o Stant7kkofWolon4o•IN Coin Dtvien I�Jp'�/ ,cP�; .PUBL Wary (loditiAa!) ( �l V`�/� era. Page 2 of 3 Decd-Joint Tana •'' `(7F 1,�+ I let 1 JO MAR. 77. 7007 R• 11AM •APT 'MIL /INV • NO. 801 P. 4/6 11113 111 II HIE III 3465054 03/29/2007 09:34A Weld County, CO 3 of 5 R 26.00 0 10.00 Sieve Moreno Clerk& Recorder Exhibit A LEGAL.DESCRIPTION Order No.:20070195 Parcel 1 That portion of the NE1/4 of Section 21,Township 11 North,Range 60 West of the 6t°P.M., County of Weld,State of Colorado,being more particularly described as follows: Considering a line that runs from the E1/4 corner of Section 21,Township 11 North,Range 60 West of the 6t P.M. to the N1/4 corner of Section 21,Township 11 North,Range 60 West of the 6i°P.M.to bear an assumed bearing of North 45°45'25"East with all bearings contained herein relative thereto. Beginning at the Northeast corner of Section 21,Township 11 North,Range 60 West of the 61° P.M.;thence along the East line of the NEl/4 of said Section 21 South 01°45'07"West 631.00 feet;thence North 88°14'53"West 698.37 feet to the TRUE POINT OP BEGINNING;thence North 88°00'09"West 317.98 feet;thence North 02°07'29"East 264.51 feet;thence South 88°00'09"East 317.98 fear;thence South 02°07'29"West 264.51 feet,more or less to the TRUE POINT OF BEGINNING 3/ 3 . 7--(41-•( 7-4.-4( 3t1- PIMNaoe cn 20070193 Sint Time of Colorado-Pt Cans nlvidoo Wormy need-lotet rear( 9 Pe{°3 of MAR. 22. 2007 8: 13AM .EWART TITLE GRLY � NO. 801 P. 5/6 Utility easement • A non-exclusive easement for the installation and maintenance of utilities,across a portion of the NEl/4 of Section 21,Township 11 North,Range 60 West of the 6th P.M.,County of Weld,State of Colorado,being more particularly described as follows: Considering a line that runs from the El/4 corner of Section 21,Township 11 North,Range 60 West of the 6'"P.M.to the NI/4 corner of Section 21,Township 11 North,Range 60 West of the 6`a P.M.to bear an assumed beating of North 45°45'25"East with all bearings contained herein relative thereto. Beginning at the Northeast corner of Section 21,Township 11 North,Range 60 West of the 6°i P.M.;thence along the East line of said 118114 South 01°45'07"West 10.00 feet to the TRUE POINT OF BEGINNING;thence North 89°23'S0"West 64.89 feet;thence South 59°45'13"West 745.27 feet to the East line of Parcel 1;thence along said East line South 02°07'29"West 23,68 feet;thence North 59°45'13"East 732.93 feet thence South 89°23'50"East 75.51 feet to the East line of said NE1/4;thence along said East line North 01°45'07"East 30.01 feet more or less to the TRUE POINT OF BEGINNING Ingress and Egress Easement A non-exclusive easement for ingress and egress across a portion of the NE1/4 of Section 21, Township 11 North,Range 60 West of the 6m P.M.,County of Weld,State of Colorado, being more particularly described as follows: Considering a line that nms from the E1/4 corner of Section 21,Township 11 North,Range 60 West of the 6e P.M. to the N1/4 corner of Section 21,Township 11 North,Range 60 West of the 6t°P.M.to bear an assumed bearing of North 45°45'25"East with all bearings contained herein relative thereto. Beginning at the Northeast corner of Section 21,Township II North,Range 60 West of the 6ie P.M.;thence along the East line of said NE1/4 North 01°45'07"East 30.02 feet to the North right of way line of Weld County Road 128;thence along said North right of way line South 89°56'19"West 13.83 feet;thence South 18°04'08"West 433.10 feet;thence South 80°10'26"West 573.70 feet to the East line of Parcel 1;thence along said East line South 02°07'29"West 30.66 feet;thence North 80°10'26"East 598.12 feet thence North 18°04'08"East 397.85 feet to the East line of said NE1/4;thence along said East line North 01°45'07"East 30.02 feet more or lees to the point of beginning. 1111111 11111 11III 1111111 11111 11 11111111 I1111111 1111(III 3465054 03/29/2007 09:34A Weld County, CO 4 of 5 R 26.00 D 10.00 Steve Moreno Clerk& Recorder MAR. 22. 2007 8: 13AM •WART TITLE GRLY • N0. 801 P. 6/6 Exhibit B 1. Everitts reserve all minerals currently owned. 2. Everitts reserve all wind rights and wind lease, new owners must comply with present lease with Cedar Creek Wind Energy, LLC. s. New owner must erect new fence on property line. Specifications of fence that Everett's agree to. Fence has to be erected by June 1n, 2007. 4. Right of way is for access to and from property only. Any damage done to Everitt's property, by owner of tower, owner of tower shall. compensate Everitt at customary rate at time of damage. 6. Owner of tower shall keep all gates located on right of way closed at all times. 11111111111111111111111111111111111111111111111 1111IIII 3465054 03/29/2007 09:34A Weld County, CO 5 of 5 R 26.00 0 10.00 Steve Moreno Clerk& Recorder 111111 11111 11111 III It 111111 III 11111 IIII IIII i 3467154 04/05/2007 04:58P Weld County, CO 1 of 12 R 61.00 D 0.00 Steve Moreno Clerk& Recorder TOWER SPACE LICENSE AGREEMENT NZ With OPTION TO PURCHASE THIS AGREEMENT is made as March 23,2007 by and Between Mark H. Fulling("Licensor")and Colorado CallComm, Inc. ("Licensee"). THE LICENSOR AND LICENESEE AGREE AS FOLLOWS: 1. Scope of License. Subject to the terms and conditions of this Tower Space License Agreement ("Agreement), Licensor hereby grants permission to Licensee to install,Maintain and operate the radio communications equipment described in EXHIBIT A and B annexed hereto ("Equipment")at Licensor's communications site located at The South ''A of Section 20, Township 1 I North, Range 60 West, Weld County,Colorado; of section 21,Township 11 North, Range West, Weld County, Colorado;The Southwest 'A of Section 14,Township 11 North Range 61 West, Weld-County, Grover, CO.("Site")with 265 ft. guyed tower("Tower")and white block building(facility). 2. Term. The term of this Agreement shall commence on March 23, 2007 ("Commencement Date") and shall continue for a period of one (30) year ("Initial Term"), with five(5)additional three(3) year renewal period (s)("Renewal Term(s)"). The Renewal Term(s) shall commence automatically without further action on the part of Licensor or Licensee; Provided, however, that either party may not terminate this Agreement during the Initial Term or at the expiration of any Renewal Term (s). 3. Fees. (a)Licensee shall pay to Licensor a one time fee of twenty two thousand one hundred fifty five dollars and ten cents($22,155.10)dollars("Base Fee")for the first 30 years of the Initial Term of this Agreement, which shall be payable on the first day of the Initial Term. All of which are subject to the provisions of Paragraph 5 (c)hereof, the Base Fee is exclusive of charges for the furnishing of electricity and 22%of the total owed for property taxes by Licensor annually. (b) All sums payable hereunder by Licensee,including,but not limited to, The monthly Base Fee payable pursuant to this Section 3,shall be payable to Mark H Fulling 3352 W. 19th Street Dr.Greeley,CO 80634,or to such other address as Licensor shall designate. 4. Inspection of Site. The Site shall be provided in"AS IS"condition by Licensor. Licensee has visited and inspected the Site and accepts the physical condition thereof and acknowledges that no representations or warranties have been made to Licensee by Licensor as to the condition of the Site, including the tower or towers, as the case may be, and/or the storage facilities,or as to any engineering data. Licensee is responsible for determining all aspects as to the acceptability, accuracy and adequacy of the Site for Licensee,or to maintain, insure,operate or safeguard Licensee' Equipment. 5. Installation,Maintenance and Operating Procedures. (a) Licensee shall install, maintain and operate its equipment during the term hereof in compliance with all present and future rules and regulations of any local, State,or Federal 111111111111 III �IIII LII 11111 LIII VIII • 346711542 of 12 046 O?07 0.00 Steve ueBMoreno nCle k0&Recorder authority having jurisdiction with respect thereto(including, without limitation,the rules and regulations of the Federal Communications Commission("FCC")and the Federal Aviation Administration("FAA"). Prior to the installation of its Equipment,or any modification or changes to the Equipment, if any(but excluding repairs, minor modifications and/or replacement with substantially similar equipment), Licensee shall comply with the following: (i) Licensee shall submit, in writing, all plans for such installations, modifications or changes for Licensor's approval, such approval not to be unreasonably withheld or delayed,to 3352 W. 19th Street Dr.Greeley,CO 80634 Attn: Mark H. Fulling. (ii) Licensor shall submit, in writing,all plans for such installations, modifications or changes for Licensee's approval, such approval not to be unreasonably withheld or delayed, to 5721 Logan St.Denver,CO.80216 Attn:John C Gazzo. In order to assure Licensee' and Licensor's compliance with the provisions of this Agreement,the plans and specifications for Licensee' and Licensor's Equipment and any modifications thereto shall be submitted to each other for review and approval.All work performed at the Site in connection with the installation and modification of Equipment shall be performed at Licensee' sole cost and expense either by Licensee' employees or by contractors approved by Licensee. Licensee shall require all contractors, as a condition to their engagement,to agree to be bound by provisions identical to those included in this Agreement, specifically those relating to the indemnification of Licensor and insurance requirements. The engagement of a contractor by Licensee shall not relieve Licensee of any of its obligations under this Agreement; (iii)All of Licensee' Equipment shall be clearly marked to show Licensee' name,address,telephone number and the frequency and location. All coaxial cable relating to the Equipment shall be identified in the same manner at the bottom and top of the line. At Licensee's request,Licensee shall promptly deliver to Licensee written proof of compliance with all applicable Federal, State,and local laws, rules and regulations in connection with any installations or modifications of Equipment; and (iv) No work performed by Licensee, its contractors, subcontractors or materials men pursuant to this Agreement,whether in nature of construction, installation, alteration or repair to the Site or to Licensee' Equipment,will be deemed to be for the immediate use and benefit of Licensor so that no mechanic's or other lien will be allowed against the property and estate of Licensor by reason of any consent given by Licensor to Licensee to improve the Site. If any mechanic's or other liens will at any time be filed against the Site or the property of which the Site is a part by reason of work, labor, services, or materials performed or furnished,or alleged to have been performed or furnished,to Licensee or to anyone using the Site through or under Licensee, Licensee will forthwith cause the same to be discharged of record or bonded to the satisfaction of Licensor. If Licensee fails to cause such lien to be so discharged or bonded within ten(10)days after it has actual notice of the filing thereof,then, in addition to any other right or remedy of Licensor. (v) Licensee reserves the right to require Licensee at its sole cost and expense, prior to the installation of the Equipment,to have a structural study of the tower performed by an engineer approved by Licensee. Licensor shall cooperate with Licensee and shall provide Licensee with any information available which is necessary to perform such study. Upon receipt of the structural study report("Report"),Licensee shall provide a copy to Licensor for Licensor's approval. Licensor shall have fifteen(14)days to either approve the Report ("Report Approval")or inform Licensee of the Report's deficiencies, such approval not to be unreasonably withheld or delayed. If Licensor fails to give Report Approval to the Report within forty-five(45)days of Licensee' initial submission of the Report to Licensor, Licensee shall have the right to install equipment upon ten(10)days' prior written notice to Licensor. In the Event Licensor gives Report Approval and such approved Report indicates that structural repairs or modifications are necessary to support Licensee' Equipment,Licensee shall submit to Licensor a • • 1111 111113 111111 t Q4/I5 I�III'I :58P III' 11111 11111111 1111 1111 Steve Moreno k 3467154 County, Oot & Recorder written construction proposal ("Proposal")for the structural repairs or modifications. Licensor shall have ten(10)days from the date it receives the Proposal to either approve the Proposal or deny the Proposal upon fifteen (14)days' prior written notice to Licensee. (b) Notwithstanding anything to the contrary contained herein, Licensee agrees That in all matters where Licensor's approval is required, and Licensor determines in its sole discretion that a threat of interference or other disruption with the business of Licensee or other existing Licensee or tenants exists, Licensor and Licensee shall have the absolute right to withhold such approval. In the event Licensee requires an electric power supply and/or usage different from that currently at the Site and not included within the Base Fee,Licensee shall, at its sole cost and expense,obtain such power supply. Any work performed in connection with this Paragraph 5 (c)shall comply with provisions of Paragraph 5 (a)hereof. Licensee hereby agrees that any power lines installed by Licensee shall run within the current easements of Licensor,and any deviation from such easement rights shall be corrected at Licensee' expense,which sum shall be immediately due upon the rendering of an invoice as an additional fee hereunder. (c) In the event a zoning variance is required in connection with the installation or modification of the Equipment, Licensee shall have the right,at its discretion, and at its sole cost and expense,to obtain such variance. Licensor shall,at Licensee' request and expense, reasonably cooperate with Licensee in obtaining such variance. (e) Licensee shall have the right of ingress and to the Site egress,at Licensee' sole cost and expense, for the purpose of maintenance and repair of Licensee' Equipment twenty- four(24) hours per day, seven(7)days per week. Licensor shall provide Licensee with a key and/or combination to the lock(s)at the Site in order to facilitate such access. (t) During the term of this Agreement,Licensee shall have the right of ingress and egress to the Site, as referenced in Paragraph 5 (e)above,damages to access roads and easements by the elements,of God,excepted. Access shall be limited to only authorize personnel of Licensee,and Licensee shall require said personnel to utilize only four-wheeled drive vehicles. All access to the Site by Licensee' authorized personnel shall be at their own risk and Licensor shall not be held responsible for any acts of the personnel or the condition of the access roads or easements. 6. Interference. (a) The installation, maintenance and operation of the Licensee' Equipment shall not interfere electrically, or in any other manner whatsoever,with the equipment,facilities or operations of Licensor or with any other Licensee or tenants at the Site. Notwithstanding anything in this Agreement to the contrary, it is expressly understood and agreed that if the installation or operation of Licensee' Equipment shall interfere: (i) with other radio communications systems and equipment installed prior to the Commencement Date of this Agreement, Licensee shall upon request(verbal or otherwise) immediately investigate its operations and do whatever Licensor deems necessary to eliminate interference. If it is determined that such interference cannot be rectified.,then Licensee may, at its option, upon written notice to Licensor,whereupon Licensee shall replace the Equipment at its sole cost and expense and in accordance with Section 8 herein. In the event Licensee fails to replace the Equipment within fifteen(14)days of such written notice. (ii) with any other radio communications systems and equipment installed at the Site after the Commencement Date of this Agreement, Licensor and Licensee shall cooperate fully on any future tenant. Licensor and Licensee shall do whatever Licensor and Licensee deems reasonably necessary to cure such interference, provided,however,that all costs related to remedying such interference is due to poor planning on both sides because of Equipment, or installation. AID 11111 11111 111 All III 11111 IIII IIII • 3467154 04/05/2007 04:58P Weld County, CO 4 of 12 R 61.00 0 0.00 Steve Moreno Clerk& Recorder (b) Licensor and Licensee hereby acknowledge that Licensor and Licensee has licensed,and will continue to license, space at and upon the Site to third parties for the installation and operation of radio communication facilities. Licensor and Licensee accepts this Agreement with this knowledge and waives any and all claims against Licensor and Licensee resulting from or attributable to interference caused by present or future equipment,facilities or methods of operation employed by Licensor and Licensee in its business upon the Site. Licensor and Licensee also waives any and all claims against Licensor and Licensee arising from interference resulting to Licensor and Licensee by virtue of equipment, facilities or operations employed by any other Licensee or tenant of Licensor and Licensee in its business upon the Site. In the event that any such interference occurs that materially interferes with Licensor's and Licensee's utilization of the Site, Licensor and Licensee,as its sole remedy, in lieu of any and all other remedies at law,or in equity, may terminate the third party user. (c) Licensor and Licensee reserves the right to require Licensor and Licensee to relocate one or two of its antenna(s)and Licensor and Licensee agrees to relocate said antenna (s)at their own expense, provided that said relocation does not substantially change the operation of their equipment. 7. Maintenance of Licensee'Equipment. Licensee at its sole cost and expense shall be responsible for the maintenance of its equipment and improvements at the Site, if any, in accordance with all applicable laws and regulations and this Agreement. In the event Licensor, in its opinion,determines that any structural modifications or repairs are needed to be made to any portion of the Site due to the presence of Licensee' Equipment or other improvements, Licensor shall notify Licensee of the needed modifications or repairs,and the following procedures shall apply: (i) If structural modifications are necessary prior to Licensee' installation or modifications of the Equipment,then either: (A) Licensee shall, at 22%of total cost and expense and Licensor shall,at 78%of total cost and expense promptly make all such noticed modifications in accordance with Section 5 hereof;or(B)If such noticed modifications are not completed within sixty(60)days of such notice,either party shall have the right to bill at an agreed upon rate to complete noticed modifications by giving the other party thirty(30)days' prior written notice. (ii) If repairs are necessary due to the presence of Licensee' Equipment, Licensee shall,at its sole cost and expense,promptly make all such noticed repairs in accordance with Section 5 hereof; provided, however,that in the event of an emergency, Licensee shall make such modifications or repairs at Licensee' expense, upon notice to Licensee. Each transmitter shall be equipped with a bandpass filter or duplexer providing a minimum of 60dB attenuation to adjacent receive frequencies. Additionally, all transmitters shall be equipped with an isolator, circulator or other directional device designed to prevent ingress of stray RF into the transmitter output circuits from the antennas. The isolator,circulator or other device shall provide a minimum of 50 dB isolation between the antenna and the transmitter output. Notwithstanding anything to the contrary contained within this Agreement,Licensee shall maintain and upgrade filtering and other appropriate devices on the Licensee' Equipment so as at all times to eliminate or minimize interference and noise to a level (i)reasonably required by Licensor, and(ii)achievable through the use of state of the art technology. 8. Indemnification. (a) Licensor and Licensee shall indemnify and hold each other harmless from( i)all costs of any damage done to other Licensee' or tenants' facilities or equipment located at the Site,that occur as a result of the installation,operation or maintenance of Equipment or other improvements; and( ii ) any claims,demands,or causes of action for 1101 11111 1101 111111111111 1111111 I I 11111111111111 3467154 04/05/2007 04:58P Weld County, CO 5 of 12 R 61.00 D 0.00 Steve Moreno Clerk& Recorder personal injuries, including any payments made under any workers compensation law or any plan of employee's disability and death benefits,arising out of occupancy of the Site or the installation, maintenance and operation or removal of Equipment,except only such damages, costs,claims,causes of action or demands caused solely by the gross negligence or willful misconduct. (b) Licensor shall not be responsible or liable to Licensee for any loss, damage or expense that may be occasioned by,through,or in connection with any acts or omissions of other Licensee or tenants occupying the Site. Licensee hereby assumes the risk of the inability to operate as a result of any structural or power failures at the Site or failure of Licensor's or Licensee's Equipment for any reason whatsoever and agrees to indemnify and hold (c) Licensee shall also indemnify and hold Licensor harmless from any losses, liabilities,claims,demands or causes of action for property damage or personal injuries, including any payment made under any worker's compensation law or any plan of employees' disability and death benefits, arising out of or resulting from any claims,damages, losses, liabilities or causes of action resulting in any way from radio frequency radiation emissions from Licensee' Equipment or any other harmful effect of Licensee' Equipment. 9. Damage or Destruction. (a) Licensor and Licensee agree that they shall in no way be liable for loss of use or other damage of any nature arising out of the loss, destruction or damage to the Site or to their Equipment located thereon, by fire,explosion,windstorms,water or any other casualty or acts of third parties. In the event the Site or any part thereof is damaged or destroyed by elements or any other cause, Licensor and Licensee may elect to repair, rebuild,or restore the Site or any part thereof,to the same condition as it was immediately prior to such casualty. In such event, the payments required herein shall cease as of the date of usable condition for Licensee' operation. 10. Insurance. (a) Licensee shall keep in full force and effect during the term of this Agreement a comprehensive general liability insurance policy, including blanket contractual and completed operations coverage, with limits of liability of at least Twenty Two Thousand ($22,000.00)Dollars in respect to bodily injury, including death,arising from any one occurrence, and Twenty Two Thousand($22,000.00) Dollars in respect to damage to property arising from any one occurrence. 12. Taxes. Licensor and Licensee hereby acknowledge that the existence of Licensor's and Licensee's Equipment and other improvements at the Site may result in an increase in the assessed valuation of the Site. Licensor and Licensee agree to pay taxes promptly at the following percentages, 78% Licensor and 22%Licensee. Upon receipt of documentation showing that Equipment or other improvements has caused an increase in the assessed value of the Site, for Licensor's and Licensee's percentage share of any increases in the real estate taxes payable by both as a consequence of the increase in assessed valuation. Licensor and Licensee hereby agree to cooperate. Licensor and Licensee,at their sole cost and expense,can obtain an abatement of any such increased assessment. In the event any sales,use or other tax shall be payable by Licensor and Licensee in connection with this Agreement, one shall reimburse the other and vise versa on demand for such payments or shall furnish necessary documentation to the appropriate government authorities to show that fee payments hereunder shall be exempt from such sales, use or other tax. 1111111 11111 11111 111111111111 iiii ii u• � 111111111 11111 !IUD 3467154 04/05/2007 04:58P Weld County, CO 6 of 12 R 61.00 0 0.00 Steve Moreno Clerk& Recorder 13. Notices. All notices,demands,requests,or other communications which are required to be given,served or sent by one party to the other pursuant to this Agreement shall be in writing,and shall be mailed, postage prepaid, by registered or certified mail,or by a reliable overnight courier service with delivery verification,to the following addresses or such other address as may be designated in writing by either party: If to Licensor: Mark H Fulling 3352 W. 19t°Street Dr. Greeley, CO. 80634 303-349-0745 If to Licensee: Colorado CallComm,Inc. 5721 Logan St. Denver, CO. 80216 Att. John C Gazzo 303-426-7777 Notice given by certified or registered mail or by reliable overnight courier shall be deemed delivered on the date of receipt(or on the date receipt is refused) as shown on the certification of receipt or on the records or manifest of the U. S. Postal Service or such courier service. 14. Default. (a) Any one or more of the following events shall constitute a default ("Default") by Licensee or Licensor under this Agreement: (i) Licensor 's failure to make payment of commercial financing mortgage monthly payment, or any payment related to the initial eighty thousand($80,000.00) purchase loan held by Licensor and Licensor failure to abide by any and all covenants of the loan or mortgage agreement. If such failure continues for thirty(30)days after Licensee provides written notice to Licensor,Licensee can make payments in order to avoid loan default and lien entire premise for total amount paid on Licensor's behalf.These payments will accrue at an interest rate of prime plus 2%. If property is sold this lien will be treated as primary and will be paid with first proceeds received. (ii) Failure of Licensee 22%and Licensor78%to pay property taxes, additional taxes or governmental fees. If such failure continues for thirty(30)days after provided written notice to Licensor or Licensee, Licensor or Licensee can make payments in order to avoid tax sale or tax lien. The paying party may lien entire premise for total amount paid on other's behalf. These payments will accrue at an interest rate of prime plus 2%. If property is sold,this lien will be treated as primary and will be paid with first proceeds received. (iii) Prosecution of any case, proceeding or other action under any existing or future law of any jurisdiction, domestic or foreign relating to bankruptcy, insolvency, reorganization or relief with respect to Licensee or Licensor,or seeking reorganization, arrangement, adjustment, winding-up liquidation,dissolution, composition or other relief with respect to both Licensor's or Licensee's debts. (iv)The making by Licensee or Licensor of an assignment or any other arrangement for the general benefits of creditors under any state statute; or • I1111111111111111111101111111111 111110111IIII IIII 3467154 04105/2007 04:58P Weld County, CO 7 of 12 R 61.00 D 0.00 Steve Moreno Clerk& Recorder (iv) Licensee or Licensor failure to perform any other of its obligations under this Agreement and such failure continues for thirty(30)days after Licensee or Licensor gives written notice thereof to Licensee or Licensor. (b) In the event of a Default by Licensor for mortgage financing of Site, leading to foreclosure, 10 days before foreclosure Licensee shall be entitled to Purchase and First Right of Refusal, ownership of Site in its entirety,assuming responsibility for making payments on the mortgage financing and paying out to Licensor or heirs of Licensor any and all equity related to ownership in Site equity through principle paid through the mortgage financing prior to the Default. All of the Equipment, improvements, personnel or personal property located at the Site shall become property of Licensee' or can be removed by Licensor,at Licensor's sole cost and expense. In the event that Licensor should continue to Default in the performance of its obligations, Licensee hereunder, has first right of refusal on all and any possible sales. Licensor may cure default by paying full delinquent amount immediately due to Licensee, upon rendering of an invoice to Licensor for total amount including an additional fee hereunder not to be more than prime plus 2%. (d) All of the rights, powers,and remedies of Licensor and Licensee provided for in this Agreement or now or hereafter existing at law or in equity, or by statute or otherwise, shall be deemed to be separate, distinct, cumulative, and concurrent. No one or more of such rights,powers,or remedies, nor any mention of reference to any one or more of them in this Agreement, shall be deemed to be in the exclusion of,or a waiver of,any other rights, powers,or remedies provided for in this Agreement, or now or hereafter existing at law or in equity,or by statute or otherwise. The exercise or enforcement by Licensor and Licensee of any one or more of such rights, powers,or remedies shall not preclude the simultaneous or later exercise or enforcement by Licensor and Licensee of any or all of such other rights, powers,or remedies. 15. Assignment. (a) Licensor reserves the right to assign,transfer, mortgage or otherwise encumber the Site and/or its interest in this Agreement. Licensee shall upon demand execute and deliver to Licensor such further instruments subordinating this Agreement, as may be required by Licensor in connection with Licensor's contemplated transaction. (b) Licensee reserves the right to assign,transfer, mortgage or otherwise encumber the Site and/or its interest in this Agreement. Licensor shall upon demand execute and deliver to Licensee such further instruments subordinating this Agreement, as may be required by Licensee in connection with Licensee's contemplated transaction. 16. Option to Purchase 22% of Site (a) An Option to Purchase 22%of ownership by Licensee exists between Licensor and Licensee.This Agreement is an Option to Purchase twenty two(22%)percent of this site for one($1.00)dollar. Licensee can exercise this option anytime one (1)day after the date signed on this agreement. Licensor acknowledges and accepts this Option to Purchase automatically. Licensor acknowledges that Licensee does and shall claim right to 22%of total site value in real property interest and estate of any kind in the Site by virtue of this Agreement. Licensee's use of the Site pursuant hereto this agreement and herein contained shall be constituting a partnership with percentages of ownership as follow: Licensee 22%ownership and Licensor 78%ownership. 16. Miscellaneous. (b) This Agreement shall not be modified,extended or terminated(other than as set forth herein)except by an instrument duly signed by Licensor and Licensee. Waiver • 1111111 WWI"1111111 II 1 I C0 III IIIII 11111111 3467154 04105/2007 04:58P Weld County, ti of 12 R 61.00 D 0.00 Steve Moreno Clerk& Recorder of a breach of any provision hereof under any circumstances will not constitute a waiver of any subsequent breach of such provision, or of a breach of any other provision of this Agreement. (c) Licensor and Licensee represent and warrant to each other that no broker was involved in connection with this transaction and each party agrees to indemnify and hold the other harmless from and against the claims of any broker made in connection with this transaction. (d) No modification,termination or surrender of this Agreement or surrender of Licensee' space at the Site or any part thereof or of any interest therein by Licensee shall be valid or effective unless agreed to and accepted in writing by Licensor,and no act by any representative or agent of Licensor, other that such a written agreement and acceptance,shall constitute an acceptance thereof. (e) This Agreement embodies the entire agreement between the parties. If any provision herein is invalid, it shall be considered deleted from this Agreement and shall not invalidate the remaining provisions of this Agreement. (0 This Agreement may be executed in counterpart copies, each of which shall be deemed an original,but which together shall constitute a single instrument. (g) All section heading and captions used herein are for the convenience of the parties only and shall not be considered a substantive part of the Agreement. (h) Each of the parties hereto acknowledges to the other that it has had this Agreement reviewed by counsel of its choice and has been assisted by such counsel in the negotiation, preparation,execution and delivery of this Agreement. (i) This Agreement shall be governed by and construed in accordance with the laws of the state of Colorado, (j) This Agreement and a Memorandum of Option to Purchase shall be recorded in the land records of any county or city or otherwise with the prior oral consent of Licensor. (k) An UCC-1 Security Agreement will be filed Stating that 22%of the Tower Located at the Site is owned by Licensee, and that 22% is free and clear of any and all encumbrances, liens, and mortgages. • • AIM 1111111111111111111111 IIII 111111 III 11111 IIII 1111 3467154 04/05/2007 04:58P Weld County, CO 9 of 12 A 61.00 D 0.00 Steve Moreno Clerk& Recorder IN WITNESS WHEREOF,the undersigned have executed this Agreement as of the date first written above. Licensor: Mark H Full' By: Name: Mark Fulline Title: Site Manager Licensee: Colorado CallCo ,Inc. By: (/ Name: John C Gazzo Tit . President .�• 65e iLibrit ,,) 5� �� rh 1-1h 5 S-74 b 14 aLc ii�l { v ! LLE P 5O,4 A i4 T2 '• t1C. }7 I 5( -7 '3L 1- \CT1V?, s o-aa9- 5€ tcL,r) Cam. Sb .� 13 e ari Yt Els P 1 101 �' Page 11 of 14 • • EXHIBIT A-ANTENNA HARDWARE LIST A detail of all hardware,cabling and antennas to be installed at this location. 4 * DB-224 VHF 4 Dipole 20 ft antenna 4 * Kcnwood TK-740 Narrow Band VHF 2 * 4 ft Microwave Dishes Mount at 100' and 75' 1111111 11111 11111 111111111 1111111111II1111111 III 101 3467154 04/05/2007 04:58P Weld County, CO 10 of 12 R 61.00 D 0.00 Steve Moreno Clerk& Recorder Page 12 of 14 • 111111 11111 11111 1111111111 II 1111 III 111111 t/III 3461154 04/05/2007 04:58P Weld County, CO 11 of 12 R 61.00 0 0.00 Steve Moreno Clerk& Recorder EXHIBIT B-INTERIOR EQUIPMENT Please attach a detail of all racks and hardware to be installed inside of the site. 2 * Aluminum 17"wide x 24"deep x 84"tall Equipment Rack Page 13 of 14 • 1 111111 11111 11111 111111 1111 1111 11111 11111111 III I 3467154 04/05/2007 04:58P Weld County, CO 12 of 12 R 61.00 D 0.00 Steve Moreno Clerk& Recorder ATTACHMENT a—FREQUENCIES VHF UHF 800MHz 900MHz 2400MHz 5200MHz 5800MHz Page 14 of 14 • • 784 ASSIGNMENT OF LEASE The undersigned, Howard A. Foster and Roberta Foster, together hereinafter called"Assignors," for and in adequate consideration in hand and hereby confessed and acknowledged, does hereby BARGAIN, SELL, TRANSFER, ASSIGN AND CONVEY unto Mark Fulling, 3352 W. 19`" St. Rd., Greeley, Colorado 80634,hereinafter called"Assignee,"his successors and assigns, any and all right, title and interest which Assignor may hold in and to a certain lease entitled Communications Tower and Site Lease Agreement, entered into by and between Howard A. Foster and Roberta Foster, Lessor and the Weld County Regional Communications Center, Lessee, dated June 7, 2004, together with all other rights, titles and interests that Assignors have or may hereafter acquire by virtue of said lease or any agreements relating thereto. TO HAVE AND TO HOLD the above property interests and rights belonging unto the above said Assignee and his successors, substitutes and assigns, forever or as may be further agreed, AND FOR THE SAME CONSIDERATION, the undersigned Assignors for themselves, their heirs and assigns, do covenant with the above said Assignee, his successors and assigns that the undersigned Assignors have good right and authority to assign and convey the same that the undersigned Assignors have not heretofore alienated, assigned or otherwise disposed of any right, title or interest in, under and to the said Lease Agreement or any part thereof or any claims relating thereto; and that the persons executing this Assignment has full right and authority to do so. IN WITNESS WHEREOF, I have hereunto set my hand and seal this day of February, 2007. 722 :Lf Howard A. Foster, Assignor Roberta Foster, Assignor STATE OF COLORADO ) COUNTY OF WELD )ss. 71 20 e fore oinng in?tru t} s� ack�noo/w e ed11 eefor me th`'5 day of Fe 2007 by J� ' 'L l� IJt S1 ru 4/' � :� `� [/Zyiiv Assignors. G� REy9... p .• Witness my hand and Official Seal. • � ; ''••�8�\ ,y . yOTARY `•_ j My commission expires: ‘2.1la l 2010 Notary P : is t`,Nq PUBLIC./.?1 �OF COV ACCEPTANCE OF ASSIGNMENT AND AGREEMENT TO BE BOUND BY TERMS AND CONDITIONS OF THE LEASE Mark Fulling, Assignee, hereby accepts the above set forth assignment from Howard A. Foster and Roberta Foster of the Communications Tower and Site Lease Agreement dated June 111111111111111111111111III 111111111111111111111111111 3470784 04/23/2007 03:48P Weld County, CO 1 of 2 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 2007-0840 • ill 7, 2004 between Howard A. Foster and Roberta Foster, Lessor and Weld County Regional Communications Center, Lessee, and Mark Fulling, on behalf of himself, his heirs, successors and assigns, agrees to be bound by all of the terms and conditions contained therein. IN WITNESS WHEREOF, I have hereunto set my hand and ; d of February, 2007. ark Ong STATE OF COLORADO) COUNTY OF WELD )ss The foregoir.g instrument was acknowledged before me this day of b®�rvarg, 2007 by Mark Fulling. Witness my hand and official seal. �.., / My commission expires: 1 J c Notary Pub c G •.•..ye`' `"` X111 kp, .... co oTARy':. • LESSEE'S CONSENT TO ASSIGNMENT i --e— •` ;N'•. PUBLt; Q% ••. r4` / The Weld County Regional Communications Center, Named Lessee in the Comm '�,� U`- Tower and S Lie Lease Agreement between Howard A. Foster and Roberta Foster, Les �'`�f Weld County Regional Communications Center, Lessee, dated June 7, 2004 ("the Lease Agreement"), by and through the Board of County Commissioners for the County of Weld, State of Colorado, hereby consents to the assignment of said Lease Agreement from Howard A. Foster and Roberta Foster, Assignors, to Mark Fulling, Assignee, 3352 W. 19'" St. Rd., Greeley, Colorado 80634, on the condition that Mark Fulling,Assignee, on behalf of himself, his heirs, successors and assigns, agrees to be bound by, and subject to, all of the terms and conditions contained in said Lease Agreement. The Weld County Regional Communications Center further acknowledges that future rental payments shall be paid to Mark Fulling, 3352 W. 19'" St. Rd., Greeley, Colorado 80634, commencing with the payment due under said Lease Agreement on the first day of March, 2007, and continuing each month thereafter until the Lease Agreement is terminated pursuant to its terms, or until proper notice of a change of address or payee is received by the Weld County Regional Communications Center. THE THE RD F COUNTY COMMISSIO D, ,-( � � FOR THE COUNTY OF WELD, � 'j'� STATE Ok-COLORADO tic, ' "" Q ATTEST: J ( E1 :: Clerk to the Board /� By: id c last. /QGZ C(pJ� David E. Long, Chair 3 44 ,-GH). : `� By: eputy 11111111111111111111111111111111110311111 Ill 3470784 04/23/2007 03:48P Weld County, CO 2 of 2 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 07007-Cr/0 5O1 QUITCLAIM DEED THIS DEED,made this 18'"day of September 2007,between Kenneth Everitt and Penny Everitt, of the County of Weld and State of Colorado,grantors, and Penny Everitt,of the County of Weld and State of Colorado,grantee. WITNESS,that the grantors, Kenneth Everitt and Penny Everitt, for and in consideration of the sum of$0.00 DOLLARS,as a non-taxable transfer as part of the dissolution of marriage action filed in Weld County District Court,Greeley,Colorado,the receipt and sufficiency of which is hereby acknowledged, have remised,released, sold and QUITCLAIMED,and by these presents do remise, release, sell and QUITCLAIM unto the grantee,Penny Everitt,her heirs, successors and assigns forever,all the right,title, interest,claim and demand which the grantors have in and to the real property,together with improvements, if any, situate, lying and being in the County of Weld, State of Colorado,described as follows: Township 1l North,Range 60 West of the 6°P.M.,County of Weld, State of Colorado,Section 21. RESERVATIONS: Grantor Kenneth Everitt hereby reserves one-half of all wind right(s),one-half of all conservation easement(s),and one-half of all ancillary income. Grantor Kenneth Everitt does not reserve any mineral interest(s)or any income resulting from mineral development. 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 behalf the grantee,Penny Everitt,heirs and assigns forever. IN WITNESS WHEREOF,the grantor has executed this deed on the date set forth above. le t•tn` a - .Otis e� Kenneth Everitt,Grantor Penny Everitt, ntor STATE OF COLORADO ) )ss. COUNTY OF WELD The foregoing instrument was acknowledged before me this 7 ()i' lay of September,2007, by Kenneth Everitt Witness my hand and official seal. ` Act...• RiF� My commission expires: 60I24I1,U � _ c�;p'�AOTARy `�cn' No.1 Public � 1' ,.p STATE OF COLORADO ) ) ss. COUNTY OF WELD The foregoing instrument was acknowledged before me this I C day of September,2007, by Penny Everitt Witness my hand and official seal. ,.••'gARR••.. My commission expires: do )74- 1700c1 _ At •, s.�. . '•.o°: N.�ry Public °�' • N 1111111 11111 Mill III 1111111 tin MI Ill at Mill ;9:PUBLIC/le 3505501 09/2012007 10.47A Weld County, CO 1 of 1 R 6.00 D 0.00 Steve Moreno Clerk& Recorder ' 502 QUITCLAIM DEED THIS DEED,made this 18'"day of September 2007,between Penny Everitt, of the County of Weld and State of Colorado,grantor, and Penny Everitt,of the County of Weld and State of Colorado,grantee. WITNESS,that the grantor, Penny Everitt, for and in consideration of the sum of$0.00 DOLLARS,as a non-taxable transfer as part of the dissolution of marriage action filed in Weld County District Court,Greeley,Colorado, the receipt and sufficiency of which is hereby acknowledged,have remised, released,sold and QUITCLAIMED,and by these presents do remise,release, sell and QUITCLAIM unto the grantee, Penny Everitt,her heirs, successors and assigns forever, all the right,title, interest,claim and demand which the grantors have in and to the real property,together with improvements, if any, situate, lying and being in the County of Weld, State of Colorado, described as follows: North half of Northeast Quarter,Section 21, Township 11 North, Range 60 West of the 6'"P.M. 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, either in law or equity,to the only proper use, benefit and behalf the grantee, Penny Everitt,heirs and assigns forever. IN WITNESS WHEREOF,the grantor has executed this deed on the date set forth above. er \J Pennyy E Evven for STATE OF COLORADO ) ) ss. COUNTY OF WELD pp The foregoing instrument was acknowledged before me this i pday of September, 2007,by Penny Everitt Witness my hand and official seal. //j4/ My commission expires: D 6/U /7pO( C�� ^„' 14 N tary Pu is y\Gp BAR/1jF I ': c��'' NOTARy•'':N` •:*•.. PUBLIC. 11111111' tYJJJIIIIIIIIIIIII IIIIIIIIIII III IIIII IIIIIIII �°`` 350550 10:47A Weld County, CO 1 of 1 R 6.00 0 0.00 Steve Moreno Clerk 8 Recorder acr-uo-nut inu 11 ;n Rh WELD COUNTY PUBLIC WORKS FAX NO. 970 304 6497 P. 0] 100/642 - Co. Rds. See below.R Cir see County Clerk and Recorder Book 83 page 386 5/161916 Petition to open road: NW Co. Rds. 136, corner Sec 31 T 12 R 60; 99, East 1 mile; South 3 miles; 109, 128.✓ East 2 miles; South Y mile. Co. Rd. 124 Also; Commencing NE corner 105 Sec 36 T 11 R 60; West 2 Id miles; North 2 miles; West .Ii 3 miles; South 1 mile; West /1 mile. Co. Rd. 128 "Also, Commencing NW corner I Sec 19 T 11 R 59; West ,4 1 m. ! Ji miles. • Co. Rd. 109 Also, Commencing NE corner Sec 6 T 11 R 59; South 5 miles. `' Co. Rd. 105 Also, Commencing NE corner 134 Sec 22 T 12 R 604 South 3 115 . miles; East 5 miles; North 3 miles. Viewers appointed. see Book 14 page 619 6/10/1916 Viewers report a declared public highways. * ** see Book 14 page 640 3/21/1962 Petition to vacate roads as follows: Commencing SW corner Sec 30 T 11 R 60,• North 2t miles. 4j 1),,,;' Commencing SW corner Sec 18 T 11 R 60; East 1 mile. Commencing SW corner Sec 19 T 11 R 60; East 1 mile. Commencing SW corner Sec 30 T 11 R 60; East 1 mile. see Book 31 page 197 * 8/9/1920 / Petition to vacate part of �� Co Rd. 128V/ 100�642B ** ;i1l 'e Book 16, page 513 12/11/1920 4i-faceted as petitioned , pi .r see Book 17, page 61 o 3/17/65 Quit Claim Beall-or SW1/4/SWy,S14'T11N,R6 4'. ' from Colo. Dept. of Rwys. • .l cepred- 3/17/65 Quit Claim MeP I .rn, NI.TI 7A1T iLC Ja Tl RT D!/ ll __. -- ---Ix IN 3I x0I n ,[ r I Ir it 1, 0, d • I ? a c I• k ').}f- 1 " c 8 ., r y Ht .t r �' b p In'y i - 1E1 1 21 It ",I 4w mi.,�+•.r�.�a in h •� n� • 1� iLy = ��. N 11 ♦tq'° 'da l. L'IJ�� ,�p 23.1:" • 3 ,1 aw •i p: • 3( I*30 �� !lily[[[ -,:s -. f: s mI'i a t. \' w �.40 we:■ _ • .� w ... �. 1 i V ; f r rw l 4 4 a Ins t.I p S P• .. • = w r �✓ �I ■ .Attie t} I _111 • • ♦ p�. !•f! I � : � .. B� r •n w 4 Sr 1llw r ..r.A3b41 : ?iy. My* V MO .7 .. To �3aa a:i . I $ .4i . . . a � w *• !� Sul as 1 Y~n RON 'll Y4 j •il • a irE 4M r� tl .f a a •2 t .�• •3il ': wgagr -. . 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L 1 N 4O C.r ^ . � 1' 1\(_'OVA(/'// .� ?0 'CI L6b9 b0E 0L6 'ON XV.d SNM0M 0I10lld AINW00 013M WV 6Z: I[ WHI LOO?-90-d3S Utility easement • • A non-exclusive easement for the installation and maintenance of utilities, across a portion of the NE1/4 of Section 21, Township 11 North, Range 60 West of the 6`h P.M., County of Weld, State of Colorado, being more particularly described as follows: Considering a line that runs from the E1/4 corner of Section 21, Township 11 North, Range 60 West of the 6`h P.M. to the N1/4 corner of Section 21,Township 11 North, Range 60 West of the 6'h P.M. to bear an assumed bearing of North 45°45'25" East with all bearings contained herein relative thereto. Beginning at the Northeast corner of Section 21, Township 11 North, Range 60 West of the 6`h P.M.; thence along the East line of said NE1/4 South 01°45'07" West 10.00 feet to the TRUE POINT OF BEGINNING; thence North 89°23'50" West 64.89 feet; thence South 59°45'13"West 745.27 feet to the East line of Parcel 1; thence along said East line South 02°07'29"West 23,68 feet; thence North 59°45'13" East 732.93 feet; thence South 89°23'50" East 75.51 feet to the East line of said NE1/4; thence along said East line North 01°45'07" East 30.01 feet more or less to the TRUE POINT OF BEGINNING Ingress and Egress Easement A non-exclusive easement for ingress and egress across a portion of the NE1/4 of Section 21, Township 11 North, Range 60 West of the 6`h P.M., County of Weld, State of Colorado, being more particularly described as follows: Considering a line that runs from the E1/4 corner of Section 21, Township 11 North, Range 60 West of the 6th P.M. to the NI/4 corner of Section 21, Township 11 North, Range 60 West of the 6`h P.M. to bear an assumed bearing of North 45°45'25"East with all bearings contained herein relative thereto. Beginning at the Northeast corner of Section 21, Township 11 North, Range 60 West of the 6th P.M.; thence along the East line of said NE1/4 North 01°45'07" East 30.02 feet to the North right of way line of Weld County Road 128; thence along said North right of way line South 89°56'19" West 13.83 feet; thence South 18°04'08" West 433.10 feet; thence South 80°10'26" West 573.70 feet to the East line of Parcel 1; thence along said East line South 02°07'29" West 30.66 feet; thence North 80°10'26" East 598.12 feet; thence North 18°04'08" East 397.85 feet to the East line of said NE1/4; thence along said East line North 01°45'07" East 30.02 feet more or less to the point of beginning. V S ROBERT C.BURROUGHS,P.C. C.` - ATTORNEY AT LAW Ail: S 3 115 Second Avenue Cpl flU 29 Ault,CO 80610 Fax(970)834-0280 Telephote(g7iJ43%111)3 �3 GYT3 , October 18, 2007 fR a 4,J RA-4 1 o V -Ga!-a- Donald Carroll Engineering Administrator Public Works Department, V , / 1111 H Street,PO Box 578 wi l D 3 viz , I Z co P Greeley, CO 80632 Re: Section line right of way 0 ✓l'c� WCR 103 3'1'w4__ Dear Mr. Carroll: You had responded to my letter to Commissioner David Long earlier this year,and I have enclosed copies for your reference. Since that time,a fence has been constructed and access to Section 21 now requires the taking down of the fence for the Everitt's access. Additionally, Mr Sturrock and Eugene D. Hahn have petitioned to have the county vacate their right of way along WCR 103 between WCR 122 and 126. On behalf of Penny Everitt who owns Section 21, and Kenneth Everitt who operates the section for grazing, Howard Foster who has a hunting lease for the Section as well as Wayne Roth, owner of the S 1/2 of Section 34,they wish to protest any abandonment by the county. In addition,the Everitts wish to protest the obstruction of the easement by fencing, and would renew their request that the county grant them a license to use the right of way of CR 103. Mr. Everitt does farm for Wayne Roth. Weld County does have a building located on Section 21, and CR 103 would give the County access to their building. Access from CR 105 is not practical in the winter, as it is frequently drifted shut with snow, and it would involve opening right of way over CR's 126 or 128,whereas access via CR 103 has historically been what was.used.-- Yours y, Hello