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Home My WebLink About20073915 • • 3 t DEPARTMENT OF PLANNING SERVICES RECORDED EXEMPTION W�`pC ADMINISTRATIVE REVIEW COLORADO Applicant: Marcum Midstream 1995-2 RE-4612 Planner: Roger Caruso Business Trust Legal Description: S2 of the SE4 of Section 30, T3N, R65W of the 6th P.M., Weld County, CO. Parcel ID#: 1213 30 400014 Lot A Size: 34.50 +/- acres Lot B Size: 45.5 +/- acres Water Source: Lot A: Proposed Well Sewer System: Lot A: Proposed Septic Lot B: Commercial Well Lot B: Proposed Septic Permit#272956 Criteria Checklist Yes No X 1. Conforms with Chapter 22 of the Weld County Code and any adopted municipal plan. X 2. Compatible with the existing surrounding land uses. X 3. Consistent with the intent of the zone district. X 4. Consistent with efficient and orderly development. X 5. Complies with Recorded Exemption standards in Section 24-8-40 of the Weld County Code. X 6. Provides for adequate protection of the health, safety, and welfare of the inhabitants of the neighborhood and the County. Approved with Conditions The Weld County Department of Planning Services has determined through an administrative review that the standards of Section 24-8-40 of the Weld County Code have been met. This Recorded Exemption is approved with the following conditions in accordance with information submitted in the application and the policies of Weld County. 1. A Weld County septic permit is required for any proposed home. The septic system shall be installed according to the Weld County Individual Sewage Disposal System (I.S.D.S.) regulations. ao07 3'115 • • 2. The applicant has proposed a well as the source of adequate water for Lots A and 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 situation. 3. Topographic or physical features of the proposed Lots A and B, such as ravines, ditches, streams etc. may limit the area available for a new or replacement septic system. Prior to recording the plat the Weld County Department of Public Health and Environment recommends that the applicant review the Weld County Code pertaining to septic systems to assure that any installed septic system will comply with all setback requirements found in the Code. In the event the proposed lot is not of sufficient size to allow the installation of a septic system the lot may need to be enlarged. 4. Prior to recording the plat: A. The plat shall be titled: Recorded Exemption No. 1213-30-4 RE-4612 B. A 40 foot wide joint access and utility easement extending across Lot A from County Road 39, 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. C. All approved accesses shall be clearly shown on the plat. The applicant shall contact the Weld County Department of Public Works to determine if a culvert is necessary at any approved road access point. If a drainage culvert is required, a 15 inch Corrugated Metal Pipe (CMP) is Weld County's minimum size. If the applicant chooses to place a larger culvert please contact the Weld County Department of Public Works to adequately size the culvert. D. County Road 39 is designated on the Weld County Road Classification Plan as a collector road, which requires 80 feet of right-of-way at full build out. There is presently 60 feet of right-of-way. The applicant shall verify the existing right-of-way and the documents creating the right-of-way. If the right-of-way cannot be verified it shall be dedicated. An additional 10 feet shall be delineated on the plat as future County Road 28 right-of-way. All setbacks shall be measured from the edge of future right-of-way. This road is maintained by Weld County. E. County Road 28 is designated on the Weld County Road Classification Plan as a collector road, which requires 80 feet of right-of-way at full build out. There is presently 60 feet of right-of-way. An additional 10 feet shall be delineated on the plat as future County Road 39 right-of-way. The applicant shall verify the existing right-of-way and the documents creating the right-of-way. All setbacks shall be measured from the edge of future right-of-way. This road is maintained by Weld County. F. Lot A shall comply with the less than thirty-five (35) acre maximum lot size required by Section 24-8-10.B of the Weld County Code. Net acreage calculations should not include reserved road right-of-way. G. The applicant shall delineate all existing oil and gas facilities and their associated setbacks. • • H. The applicant shall provide the Weld County Department of Planning Services with a Statement of Taxes from the Weld County Treasurer showing no delinquent taxes exist for the original parcel. The following notes shall be placed on the plat: 1) 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) Prior to the release of building permits, the applicant shall submit a recorded deed describing the Lot upon which the building permit is requested with the building permit applications. The legal description on such deed shall include the Lot designation and Recorded Exemption number. 5) Prior to the release of building permits, the applicant shall submit evidence to the Department of Planning Services that the lot requesting the permit has an adequate water supply of sufficient quality, quantity and dependability. 6) Prior to the release of building permit, the applicant shall submit evidence of approval from the Platteville Fire Protection District to the Weld County Building Department. 7) Potential purchasers should be aware that Lot B may not be eligible for a domestic well permit which allows for outside irrigation and/or the watering of stock animals. The State Division of Water Resources issues all well permits. 8) 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. 9) 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. • • 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) 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. 5. 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. 6. 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. 7. 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 mapsco.weld.co.us. 8. 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 March 26, 2007 Roger Caruso, Planner • • Kits DEPARTMENT OF PLANNING SERVICES 1555 N. 17th AVENUE GREELEY, COLORADO 80631 CE-MAIL:WEBSITE: www.co.weld.co.us rcaruseld.co.us PHONE (970)353-6100, EXT. 3563 FAX (970) 304-6498 COLORADO April 2, 2007 Marcum Midstream c/o Dale Butcher 5280 Sabino Hills Drive Tucson, AZ 85749 Subject: Recorded Exemption (RE-4612) Dear Mr. Butcher: The Department of Planning Services' has reviewed your application and related materials for compliancy with the Weld County Code. We find that your proposed Recorded Exemption meets the intent of the Code and it has been conditionally approved by staff. We have enclosed our comments for your case. If applicable, please address all issues identified in the staff comments. Prior to submitting the Mylar, please submit two (2) paper copies of your plat for review by the Department of Planning Services' staff. Upon approval of the paper copies please submit a Mylar plat along with all other documentation required as conditions of approval. The Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder by Department of Planning Services' Staff. The plat shall be prepared in accordance with the requirements of Section 24-8-60 of the Weld County Code. The Mylar plat and additional requirements shall be submitted within sixty(60)days after the date the Administrative Review was signed or after the date of the Board of County Commissioners resolution. There is an eleven (11)dollar recording fee per Mylar sheet that you will be responsible for paying to record the plat. If you need any further information, please feel free to contact me at the above address, telephone number or e-mail address. Sincerely, Roger Caruso Planner I • • POC Planner • - Plat Checklist Item Comments Check Check Proper size and material 24" x 36" or 18" x 24" /Minimum 3 millimeter polyester sheet Lettering No stick-on lettering / Minimum 8 pt. lettering Boundaries of Lots • Scale - - Suitable Scale? (1"=200' or 1"=100') �y Accesses indicated Shared Access?If so, is easement Certificate included? +t � Roads labeled, includingR.O.77 �l l/ R.O. IIIUUU��, Building Envelope(s) — • Vicinity Map Suitable Scale? (Minimum 1" =2000') ACV. North Arrow . /\ Q Legal Description - I Cam' Notes from Planner/ / Development Standards k Conditions of Approval i�,ep L Owner's Certificate Notarial Certificate included? All owners must sign the plat, check the deed. Surveyor's Certificate and All surveyed plats • Surveyor's Stamp Note: USR plats do not need to be surveyed Director of Planning - Notarial Certificate included? (RE, SE, SPR,Final PUD if Certificate - Staff Approved) Planning Commission (USR, COZ, Minor Sub.Final) Certificate Board Certificate (USR, COZ„ Minor Sub Final) (Final PUD,RE, SE&ZPMH if Board approved) Typical Road Cross Section . (COZ, Final Minor Sub. and Final PUD) O Easements Please return the plat to the CAD Technician within 24 hours of receiving the plat. X�(� �X�e'� 17'. el-Lk1 ( ( r4s/C7 Planner on Call: (Initials) Planner Signao:re: Date: WELD COUNTY, COLORADO DEPARTMENT OF PLANNING SERVICES 918 10TH STREET GREELEY,CO 80631 PHONE: 970-353-6100, EXT.3540/FAX: 970-304-6498 Date: 7 20 Receipt No. 1 '!• 419 Received From: 1 / «f, r 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 I POSTAGE 4430-COPIES 4730-INVESTIGATION FEE 6560-RECORDING FEE .1 f 't yE / 22 J, / r �> MISC. " r < UCASH ['*CHECK NO. % J 6 V TOTAL FEE Receipted By: k. DL# Exp. .A.. '' /'f* nit 4, KING SURVEYORS, INC. ik February 19, 2008 RE: Recorded Exemption 1213-30-4 RE 4612 Marcum Midstream Mr. Roger Caruso C/O Weld County Planning Department 918 10th Street Greeley, Colorado 80631 Dear Roger: I am providing the following information in conjunction with the submittal of the final mylars for the above Recorded Exemption(RE). There are a couple notes and issues that we've discussed during the process of putting this survey together. #1: You have requested that during this platting process that a 40' Access & Utility Easement (A&UE)be created along the Southerly line of both Lot A and Lot B of this RE and that it is to be designated"For the benefit of Lot A and Lot B of this Recorded Exemption." It is my professional opinion that you can not have an easement on your own property. In other words, that part of this easement as located within Lot A for the benefit of Lot A will terminate upon the execution of this document. If you have information that shows that it's possible to have an easement on your own property I would be willing to look at that material. #2: As your aware I am showing an existing line of occupation,being a fence line, laying Northerly of the North line of the property as described within the current ownership document for this South Half of the Southeast Quarter(S1/2 SE1/4). Initially you'd stated that this RE would not be recorded if I continued to show this fence line. Since that statement you've said that in this particular instance the county will record this RE with the fence line still shown on the plat. Page 1 of 2 1)50 Garden Uri1 e I ‘Siiulsor, Colorado 80550 I p. (170.686.501 I I f. 970.(i86.582I 111 w11.hingsurvevors.coni Recorded Exemption 1213-30-4 RE 4612 (continued) You stated that according to Mr. Bruce Barker, Weld County Attorney, that by Marcum Midstream signing this RE that they would be giving up their claim to the land between the North line of the S1/2 SE1/4 as I have determined it to be located and this existing line of occupation. It is my professional opinion that this is not a correct interpretation of the situation. It is my opinion that if all of the parts of adverse possession and/or acquiesce in boundary have occurred, that Marcum Midstream will continue to own this property, obviously without paper title, and that this area is not included within the boundary of this RE. I appreciate your time and getting this RE finalized and approved for recordation. I am providing a signed mylar to Marcum Midstream for there signature. They will then deliver it to your office along with the recording fee for recordation. Respectfully submitted, . 0104 Charles B. Jones, PLS Page 2 of 2 Roger Caruso From: Chuck Jones [chuckj@kingsurveyors.com] Sent: Tuesday,January 08, 2008 1:26 PM To: Roger Caruso Cc: Bruce Barker Subject: Re: Conquest RE 4612 01-08-08 Roger I've looked at the USR drawing as you suggested. During our prior conversations you've stated that this access and utility easement across Lot A will be for the benefit of both Lot A and Lot B of this RE. Your statement now says that "In the application for USR-1604, the applicant is proposing a 40-foot access easement across the southerly edge of Lot A for the benefit of Lot B. " These statements conflict. Based upon what is shown on the USR drawing (40' Proposed Access Easement) , I'll show this 40 ' as an Access and Utility Easement as you are requiring and as a 40 ' access easement as required by the public works department. To whom will this easement be for the benefit of? Both Lot A and Lot B of this RE? As required by the approval of RE 4612 I will show the existing 30' of County Road Right-Of-Way (ROW) along the Southerly line of the RE, as well as the additional 10' which will be labeled as "Future County Road 28 right-of-way" (you call for this road as 39 in Paragraph 4E of the approval letter and vise versa for County Road 39) . I probably don't need to point out that the area that is being dedicated as a 40' Access and Utility Easement is contained within the existing 30' of county road ROW, as well as the additional 10' for "Future County Road 28 right-of-way. " I look forward to seeing the clarifications of the requirements of surveyors when making plats to be recorded by the County. However, I believe its my responsibility to point out issues when I see them that in my professional opinion affects the rights of the property upon which I'm conducting my survey. This then becomes my "CMA" statement so that if the issue comes up in the future I can show that I've brought this to the attention of the county and was directed to do what is being shown, and then the county can deal with the ramifications if and when they occur. Thanks Chuck Jones, PLS Owner/Project Manager/CM King Surveyors, Inc. 650 Garden Drive Windsor, Colorado 80550 Office: 970-686-5011 Fax: 970-686-5821 Cell: 970-539-9448 Original Message From: "Roger Caruso" crcaruso@co.weld.co.us> To: "Chuck Jones" cchuckj@kingsurveyors.com> Sent: Tuesday, January 08, 2008 12:09 PM 1 Subject: RE: Conquest RE 468 • Chuck, Jesse Hein from Public Works, in the referral dated March 19, 2007 stated "In the application for USR-1604, the applicant is proposing a 40-foot access easement across the southern edge of Lot A for the benefit of Lot B. This easement shall be used for access and utility purposes and shall be shown on the plat for the application. " Please refer to the USR plat. Again, thank you for pointing out Weld County's inaccuracy in regards to the language of "Access and Utility easement for the benefit of Lot A and Lot B of RE-7" " However, clarification of the requirements of surveyors when making plats to be recorded by the County is soon coming - until then please use historic language. Any questions please let me know. Roger Caruso Dept of Planning Services Original Message From: Chuck Jones [mailto:chuckj@kingsurveyors.com] Sent: Tuesday, January 08, 2008 11:17 AM To: Roger Caruso Cc: jim goddard Subject: Conquest RE 4612 01-08-07 Roger Within the approval letter for this RE under 4B there is a requirement for: "A 40 foot wide joint access and utility easement extending across Lot A from County Road 39 for the benefit of Lots A and B, shall be shown clearly on the plat" . We didn't show this on the sketch for the application so I'm uncertain where this needs to be located. Is this location something that came out of a request from the Public Works Department" Should I contact them to get this alignment? And then as usual I have to point out that if this easement is located on Lot A, then Lot A can't grant itself an easement across itself. It would appear that what's being requested is a 40' Access and Utility Easement across Lot A for the benefit of Lot B, which can be done. Lot A has the right to do whatever it wants to do on it's own property, subject of course to all applicable laws, rules and regulations, to include driving and placing utilities for it's own purposes, as long as it doesn't hinder the rights of others. Thanks Chuck Jones, PLS Owner/Project Manager/CM King Surveyors, Inc. 650 Garden Drive Windsor, Colorado 80550 Office: 970-686-5011 Fax: 970-686-5821 Cell: 970-539-9448 2 DEPARTMENT OF PLANNING SERVICES (71; Q NORTH OFFICE 91 8 10TH Street GREELEY, CO 80631 PHONE: (970) 353-61010 0, Ex t. 3540 FAX: (970) 304-6498 COLORADO February 28, 2007 Marcum Midstream 1995-2 Business Trust Dale S. Butcher 5280 Sabino Hills Dr Tucson AZ 85749 Subject: RE-4612 - A Recorded Exemption located on a parcel of land described as S2 of the SE4 of Section 30, T3N, R65W of the 6th P.M., Weld County, Colorado. Dear Applicant: Your recorded exemption application is being processed. If it is determined that the application meets the approval criteria of Chapter 24 of the Weld County Code, you will be notified that the recorded exemption is approved. If the'staff determines that the application does not meet the approval criteria or if staff has concerns with the application, staff may elect to forward the application for review to the Board of County Commissioners. You will be notified and asked to appear before the Board of County Commissioners at a public hearing. You will be informed of the hearing date prior to the hearing. The Board of County Commissioners will then consider your application and make a final decision on the recorded exemption. If you have any questions concerning this matter, please call me. Sincerely, � 1ly Roger Caruso Planner • FIELD CHECK Inspection Date: APPLICANT: Marcum Midstream CASE #: RE-4612 REQUEST: Two-lot recorded exemption LEGAL: S2 of the SE4 of Section 30, T3N, R65W of the 6`h P.M. Weld County, Colorado. LOCATION: North of and adjacent to County Road 28 and West of and adjacent to County Road 39. PARCEL ID #: 1213 30 400014 ACRES: 80.03 +/- Zoning Land Use N AG N E AG E / S AG W AG W \� Comments: nn I If� tell- ayCla 4%164 M 11/2/O7 Roger Ca uso, Planner I o House(s) o Derelict Vehicles o Outbuilding(s) o Non-commercial junkyard (list components) o Access to Property o Irrigation Sprinkler ❑ Crop Productions o Crops ❑ Site Distance ❑ Wetlands ❑ Mobile Home(s) o Oil & Gas Structures o Other Animals On-Site o Wildlife ❑ Water Bodies o Utilities On-Site (transmission lines) o Ditch o Topography Note any commercial business/commercial vehicles that are operating from the site. • • 4460t47, APPLICATION FLOW SHEET COLORADO APPLICANT: Marcum Midstream CASE #: RE-4612 REQUEST: Two-lot recorded exemption LEGAL: S2 of the SE4 of Section 30, T3N, R65W of the 6th P.M. Weld County, Colorado. LOCATION: North of and adjacent to County Road 28 and West of and adjacent to County Road 39. PARCEL ID #: 1213 30 400014 ACRES: 80.03 +/- Date By Application Received 2/27/07 RC Application Completed 2/27/07 RC Referrals listed 2/27/07 RC Vicinity map prepared 2/27/07 RC File assembled (bg/6'7 Case logged in computer Letter to applicant mailed Referrals mailed l(� Field check by DPS staff q a Administrative Review decision: \fr I f 3 I c 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 Plat recorded and filed 3-41 -eir 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_ 0 WELD COUNTY,COLORADO 0 DEPARTMENT OF PLANNING SERVICES 918 10TH STREET GREELEY,CO 80631 PHONE: 970-353.6100,.EXT.35401 FAX: 970-304-6498 DatL) 2' 2a Receipt No. 1 ;>9 =14 • eta' 1= j/1 , iI 1117l_I1 - j ) Received From: ) - Permit Type No. Description / Fee 1 4221- SE SE lei( v C I 4221ZMH 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 FEE MISC. j �. / Tf1TAL FFF nnAc4 r'H CKf 0 ,J J a Receipt d.Bi i- ,.(C,/ I,\l`---1 DL# Exp. FOR PLANNING DEPARTMENT USE DATE RECEIVED: RECEIPT/AMOUNT# /$ CASE#ASSIGNED: APPLICATION RECEIVED BY PLANNER ASSIGNED: Parcel Number 1213-30 - 4 - 00 - 014 (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: S1/2 OF THE SE1/4,SEC. 30-T3N-R65W, Section 30 , Township 3 North, Range 65 West Has the property been divided from or had divided from it any other property since August 30, 1972? Yes_No X Is this parcel of land, under consideration, the total contiguous land owned by the applicant? Yes X No FEE OWNER(S)OF THE PROPERTY: Name: Marcum Midstream 1995-2 Business Trust Work Phone#(303)785-8080 Home Phone# N/A Email Address N/A Address: 303 East 17'^Avenue. Suite 660 City/State/Zip Code: Denver, Colorado, 80203 APPLICANT OR AUTHORIZED AGENT(See Below:Authorization must accompany all applications signed by Authorized Agent) Name: Dale S. Butcher.Trustee of Marcum Midstream 1995-2 Business Trust Work Phone#(970) 381-0681 Home Phone# N/A Email Address: dalebutcherCD_aol.com Address: 5280 Sabino Hills Drive City/State/Zip Code: Tucson,AZ 85749 Lot A Lot B Lot C Lot D Smaller Parcel Water Source Not applicable at this time Not applicable at this time N/A N/A Type of Sewer Not applicable at this time Not applicable at this N/A N/A time Proposed Use Proposed Agricultural/Oil & Proposed N/A N/A Gas Facilities Agricultural/Oil &Gas Facilities Acreage 34.500 Acres 45.534 Acres N/A N/A ,Q Existing Dwellings? No Existing Dwellings No Existing Dwellings N/A N/A /P9'/ 91 the PS /892{5 We Ili ' 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 f property must sign this application. If an Authorized Agent signs,a letter of authorization from all fee own rs must be cluded with the application. If a corporation is the fee owner, notarized evidence must be included sho ' ' at has to legal authority to sign for the corporation. Ytote T Signature: er or Authorized AgentD Signature: Owner or Authorized Agent Date WELD COUNTY ROAD ACCESS INFORMATION SHEET -4- • • 303 East Seventeenth Avenue, Suite 660 • Denver, Colorado 80203 303.7115.8080 • Fax; 303.785.81185 • 800.394.8169 www.metretek.com idairvv METRETEK rccuNaiornes. l,v C. February 20, 2007 Weld County Planning Department 1555 N. 17th Ave. Greeley, CO 80631 RE: Letter of Authorization Ladies and Gentlemen: Please accept this letter as our authorization for Dale S. Butcher, Active Trustee of Marcum Midstream 1995-2 Business Trust, to sign and act on behalf of the Trust. If you have further questions or require additional information, please feel free to contact us. Thank ou for your time and consideration of this matter. Si erely, 91& Daniel J. P d President of arcum Gas Transmission, Inc. Managing Trustee of Marcum Midstream 1995-2 Business Trust OF DELAWARE SECRETARY OF STATE • DIVISION OF CORPORATIONS FILED 01:25 PM 12/28/1995 950310865 - 2576726 STATE OF DELAWARE CERTIFICATE OF TRUST This Certificate of Trust is filed in accordance with the provisions of the Delaware Business Trust Act(12 Del. Code Section 3801 et seq.)and sets forth the following: FIRST: The name of the trust is MARCUM MIDSTREAM 1995-2 BUSINESS TRUST SECOND: The name and the business address of the trustee is(meeting the requirements of Section 3807) Daniel F. Scholl 110 Galdstone Way Newark,Delaware 19702-5241 THIRD: This Certificate shall be effective upon filing. Signatures of Trustees are set forth on separate Signature Pages. • • SIGNATURE PAGE AND ACCEPTANCE OF ACTIVE TRUSTEE The undersigned accepts his appointment as Active Trustee of Marcum Midstream 1995-2 Business Trust(the"Trust")and agrees to be bound by all terms and provisions of the Certificate of Trust and the Declaration of Trot for the Trust Datc: Z Dhe 1995 By; . hil arcnm / , [ ignance] Address: 1675 Broadway,Suite 2200 Denver,Colorado 80202 Date: )2/1/2/176/ 1995 By: Wanger • [Sign Address: 1675 Broadway,Suite 2200 Denver,Colorado 80202 Date:--�• 1995 By: Bu er [Signature] Address: 1610 29th Avenue Place.Suite 200 Greeley,Colorado 80631 r:. RECORDED EXEMPTION (RE) QUESTIONNAIRE RECORDED EXEMPTION QUESTIONNAIRE The Applicant, Marcum Midstream 1995-2 Business Trust, submit the following responses to the Recorded Exemption questionnaire: 1. Water supply statements addressing the following: a. Domestic use. The statement will include evidence that a water supply of sufficient quality, quantity and dependability will be available to serve all proposed lots. A letter from a water district, municipality, or a well permit are examples of evidence for domestic use. (Example - "Water will be provided by the 123 Water Company, a tap agreement has been purchased and a copy of the receipt is attached," or "Water will be provide by a well (Well Permit# 12345 is attached") Answer: To the best of the Applicant's knowledge, and the Applicant's Ownership of the property. The property does not have any existing residential dwellings; therefore, a letter from a water district, municipality, or a well permit is not attached with this application. The individual Lot owner(s) will bear all responsibility of obtaining the proper permits for proper water service at the time they develop the lot or prior to the approval of the proposed Use by Special Review. b. Irrigation water. The statement will include the type and quantity of irrigation water to the site, whether irrigation water has been removed from the site and, if so, when. (Example-"Four (4) shares of ABC Ditch Company Water will remain with the site, a copy of the purchase agreement addressing this item is attached," or "The parcel was purchased with no water rights.") Answer: The property was purchased with no water rights and does not have an Irrigation Ditch. 2. A statement explaining that the proposed lots will have an adequate means for the disposal of sewage in compliance with the requirements of the underlying zone district and the Weld County Department of Public Health and Environment. A copy of the septic permit or a letter from the sewage disposal facility must accompany the application. (Example -"Sewer service will be provided by Anytown Sewer and a"Commitment to serve" letter from Anytown is attached."or"An engineered Septic system will be designed, constructed and permitted according to Weld County ISDS requirements." or"A copy of the existing Septic Permit and appropriate copies (#123456789) are included with the application.") proposed Use By Special Review. Answer: To the best of the Applicant's knowledge, and the Applicant's ownership of the property. The property does not have any existing residential dwellings; therefore, a septic permit is not attached with the application. The individual Lot owners will bear all responsibility of obtaining the proper septic service and permits at the time they develop the lot or prior to the approval of the proposed Use By Special Review. 3. A description of how the property is being used. When the parcel(s) is located in the agricultural zone district, the number and types of livestock and any existing improvements such as the principal residence, labor home, mobile home, manufactured home, barn, outbuildings, and oil/gas well production facilities on the property. If the property is being farmed the location of any pivot sprinklers and irrigation ditches as well as types of crops being produced. (Example - "The parcel has one (1) farmhouse, one (1) mobile home for the hired hand (permitted under Mobile Home Permit # ZPMH-123), two (2) barns, a one (1) loafing shed. The north half is currently used for pasture for approx. 100 head of cattle and 6-10 horses. There is an oil and gas well head and tank battery in the northeastern corner. The south half of the property is flood irrigated and currently planted in alfalfa.") Answer: The entire parcel as it exists now, contains a total of 80.034±Acres and is located in the Agricultural zone district. The parcel currently has no livestock, crops or active farming occurring on it at this time. The property's currently primary use is for Oil &Gas Well's and Facilities. There is One (1) Oil and Gas well located near the center of the Northwestern part of the parcel (area to be known as Lot B of the Recorded Exemption). There is One (1) oil and Gas well and Two (2) Tank Batteries located near the Northeastern part of the parcel ( area to be known as Lot A of the Recorded Exemption). There is One (1) Oil and Gas well located near the Southeastern part of the parcel (also a part of the parcel to be known as Lot A of the Recorded Exemption). FOORDED EXEMPTION (RE) QUESTION and future use of the area where the proposed new lot(s) will be 4. A description of the location, size, present P P created. (Example - "The new lot will be approx 5 acres in size and located west of and adjacent to CR. _ and the north boundary of the property. It is being created to be sold for a single family dwelling site.") Answer: Lot A is the Eastern 34.500 Acres of the property and is located in the Agriculture zone District and is currently an open field with Oil & Gas well facilities. Lot A is being created to allow for separate ownership and Oil & Gas well Facilities. The parcel is located West of and adjacent to Weld County Road #39 also being the East boundary of the property and North of and Adjacent to 30' of Weld County Road Right-of-way created by 10/12/1889 Resolution. The South line as created by said Resolution is also the South boundary line of the subject property. Lot A has One (1) existing Oil/Gas well and Two (2) fenced in Tank Batteries being located near the Northwest corner and One (1) existing Oil/Gas well being located near the Southeastern corner of the property. Lot A has Four (4) points of access, Two (2) on the South property line, One (1) access for Oil & Gas facilities on the North property line and One (1) access is being proposed on the West side of Weld County Road #39. The proposed access is for an Oil & Gas Well facility, a Use By Special Review is being filed in conjunction with this Recorded Exemption for this purposed facility. Lot B is the Western 45.500 Acres of the property and is located in the Agriculture zone district. Lot B is being created to allow for separate ownership and Oil & Gas well Facilities. The parcel is Located North of and Adjacent to 30' of Weld County Road Right-of-way created by 10/12/1889 Resolution. The South line as created by said Resolution is also the South boundary line of the subject property. Lot B has One (1) Oil &Gas well located in the center of the parcel. Lot B has Two (2) points of access, One (1) access for Oil & Gas facilities on the North property line and One (1) on the South property line. The Recorded Exemption proposal submitted by the Applicant is consistent with the intent of the agricultural zoned district, and will not interfere or frustrate the intent and policies of the zoning district. The uses for the property will remain agricultural, and no property will be removed from agricultural production that is presently in agricultural production, and will not cause an overburdening of County services. 5. A statement describing any unique physical characteristics on the site, if applicable such as rock outcroppings, hills, ditches. (Example - "The ABC ditch runs diagonally across the southeastern quarter of the property.") Answer:The property has no unique physical characteristics. 6. A statement indicating where a primary building envelope and/or alternative building envelope will be designated on any of the lots. Building envelopes may not be necessary on lots that are smaller than 35 acres. The Department of Planning Services reserves the right to recommend building envelopes on smaller acreage. (Example - "No building envelopes are requested") Answer: The Applicant does not request any designated building envelopes. 7. Is there a Business or Use by Special Review permit on the property? If so, will it be vacated or remain on the Recorded Exemption lot(s)? (Example - "USR 1234 for my concrete business will be vacated as I am retiring. My son is moving the business and equipment to his property outside of Weld County.") Answer: There is a Use By Special Review permit currently under review by Weld County for the proposed Lot A of this Recorded Exemption. Conclusion: This application is intended solely for the purpose of dividing an existing parcel of land into Two (2) Lots, with the use of said property remaining as Oil/Gas Well and agricultural. The proposal is consistent with and will safeguard the interest of the public, the owners of the property, and will establish defined legal ownership of the property and the improvements thereon as separate Lots. The applicant believes that the proposed action is consistent with Weld County's desire to preserve agricultural land and to promote the most productive use of the property. • AIOld Date: 02/12/2007 04:25PM WELD COUNTY TREASURER Page: 1 STATEMENT OF TAXES DUE SCHEDULE NO: R6806796 ASSESSED TO: MARCUM MIDSTREAM 1995-2 BUSINESS TRUST 303 E 17 STE 660 DENVER, CO 80203 LEGAL DESCRIPTION: S2 SE4 30 3 65 (1R)SITUS: WELD 0 PARCEL: 121330400014 SITUS ADD: WELD TAX YEAR CHARGE TAX AMOUNT INTEREST FEES PAID TOTAL DUE 2006 TAX 21.12 0.00 0.00 0.00 21.12 TOTAL TAXES 21.12 GRAND TOTAL DUE GOOD THROUGH 02/12/2007 21.12 ORIGINAL TAX BILLING FOR 2006 TAX DISTRICT 2198 - Authority Mill Levy Amount Values Actual Assessed WELD COUNTY 16.804* 8.89 AGRICULTURAL 1,822 530 SCHOOL DIST RE1 9.108 4.83 CCW WATER 0.550 0.29 TOTAL 1,822 530 CWC WATER 0.000 0.00 PLATTEVILLE- GILCREST FIRE 3.803 2.02 AIMS JUNIOR COL 6.330 3.36 WELD LIBRARY 3.261 1.73 TAXES FOR 2006 39.856* 21.12 * 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 Weld County Treasurer Pursuant to the Weld County Subdivision Ordinance, the attached Statement(s) of Taxes Due, issued by the Weld County Treasurer, are evidence of the status as of this date of all property taxes; special assessments and prior tax liens attached to this (these) account(s). Current year's taxes are due but not delinquent. Signed: Date: c ' L a —0-7 Identify Results . • Page 1 of 1 WELD COUNTY ASSESSOR PROPERTY PROFILE Account#: R6806796 Parcel#: 121330400014 ..'.ca .,i e:::::.-v.a.ia£ a .P_?:m.a.. :.�..-v a...:,:.LG6v1J f .... .....c.L.i.3' ....:i--...u4i P e..fi;• .. .�4:✓..,1 n • �ry ..:_ Tax Area: 2198 Bordering County: Acres: 80 Township Range Section Quart. Sec. Subdivison Name Block# Lot# 03 - 65 - 30 -4 - - Owners Name&Address: Property Address: MARCUM MIDSTREAM 1995-2 BUSINESS TRUST Street: WELD 303 E 17 STE 660 City: WELD DENVER, CO 80203 Business/Complex: Sales Summary Sale Date Sale Price Deed Type Reception # 5/15/2006 $80,000 PRD 3389326 Legal Description S2 5E4 30 3 65 (1R) SITUS: WELD 0 Land Valuation Summary Land Type Abst Code Unit of Number of Assessed Actual Value Measure Units Value Agricultural 4147 Acres 80 Land Subtotal: 80 $1,822 $530 No Buildings on Parcel http://maps2.merrick.com/Website/W eld/setSgl.asp?cmd=QUERY&DET=PP&pin=1213... 02/26/2007 Name: �c ,d 'V�U 4. -reaivy. Case #:REFERRAL LIST j.2E Lel ), County Towns&Cities Fire Districts ttorney Ault Ault F-1 Health Department v/ _Berthoud _Berthoud F-2 _Extension Office _Brighton _Briggsdale F-24 Emergency Mgt Office- Ed Herring _Dacono Brighton F-3 /Sheriffs Office/ _Eaton Eaton F-4 Public Works✓ _Erie _Fort Lupton F-5 Housing Authority _Evans _Galeton F-6 _Airport Authority _Firestone _Hudson F-7 Ptuilding Inspection / _Fort Lupton _Johnstown F-8 1Code Compliance JS J_IS.-Beth_N-Ann _Frederick _LaSalle F-9 Kim Ogle (Landscape Plans) _Garden City _Mountain View F-10 _Lin (Addressing Change of Zone) _Gilcrest _Milliken F-11 Ambulance Services _Greeley _Nunn F-12 Grover 7awnee F-22 State _Hudson ,_/Platteville F-13 Div. of Water Resources _Johnstown _Platte Valley F-14 _Geological Survey _Keenesburg _Poudre Valley F-15 _Department of Health _Kersey _Raymer F-2 _Department of Transportation _LaSalle _Southeast Weld F-16 _Historical Society _Lochbuie _Union Colony F-20 _Water Conservation Board Longmont _Wiggins F-18 Oil&Gas Conservation Commission _Mead Windsor/Severance F-17 Milliken Division of Wildlife New Raymer Legal _South Hwy 66 (Loveland) _Northglenn Parcel ID,# _North Hwy 66 (Greeley) _Nunn Zone ;cc Acres? _Division of Minerals/Geology Pierce USDA _Platteville Airport Soil Conservation Districts Severance Geo Haz Big Thompson/FTC _Thornton FP? Panel# _Boulder Valley/Longmont _Windsor IGA? ORD# Brighton/SE Weld MUD? _Centennial Counties Greeley/West Greeley Adams ^Platte Valley/ _Boulder I L West Adams _Broomfield _Little Thompson _Larimer Federal Government Agencies Ot r _US Army Corps of Engrs ✓School District RE-I _USDA-APHIS Vet Service Central Cob.Water Conservancy Dist 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 _ 7 7 Commissioner • ady.) (7----(\er-N) Weld County Referral 111 D February 28, 2007 COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Marcum Midstream Case Number RE-4612 Please Reply By March 28, 2007 Planner Roger Caruso Project Two-Lot Recorded Exemption Legal S2 of the SE4 of Section 30, T3N, R65W of the 6th P.M., Weld County, Colorado. Location North of and adjacent to CR 28 and West of and adjacent to CR 39. For a more precise location, see legal. Parcel Number 1213 30 400014 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. ❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan tgi We have reviewed the request and find no conflicts with our interests. ❑ See attached letter. (� /��r Comments: u,�(�(\ t'Q An tis 3 q (� I t (Xn. t l f Il itt W� ko Kit i MME \JO1cali Wise, roktd . Signature a�w� Agency Ktyrt t AThi, 'pa #y Date ❖Weld County Planning Dept. ❖918 10th Street Greeley,CO.80631 +(970)353-6100 ext.3540 +(970)304-6498 fax Van 5 . 2"21 2 :L3D1," 1 re . ';84 P . Weld County Referral February 28, 2007 COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Marcum Midstream Case Number RE-4612 Please Reply By March 28,2007 Planner Roger Caruso Project Two-Lot Recorded Exemption • Legal S2 of the SE4 of Section 30, T3N, R65W of the 6th P.M., Weld County, Colorado, .• Location North-of-and-adjacent-to CR 28 and-West-of and-adjacentto CR-39:-For a more -- - - precise location, see legal. Parcel Number 1213 30 400014 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 .L❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan 1C1 We have reviewed the request and find no conflicts with our interests.. ❑ See attached letter. Comments' Signature /26,02 �� J Agency ga44.u,V3\14ren Pr.G 4.W. D to tWeld County Planning Dept. &91810"Street Greeley CO 80631 +(970)353-6100 exL3540 t(970)304-6498 fax Weld County Planning Department Weld Cos Planning Department feu t • S0!IT"'l,'= T "IJILDI14G cost OFFICE MAR f s 2007 61, MAR 1 9 2007 RE��si lt�`E ' RECEIVED rr Weld County Refe a W11Dc. February 28, 2007 COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Marcum Midstream Case Number RE-4612 Please Reply By March 28, 2007 Planner Roger Caruso Project Two-Lot Recorded Exemption Legal S2 of the SE4 of Section 30, T3N, R65W of the 6th P.M., Weld County, Colorado. ' Location North of and adjacent to CR 28 and West of and adjacent to CR 39. For a more I precise location, see legal. Parcel Number 1213 30 400014 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. ❑r We have reviewed the request and find that it does/does not comply with our Comprehensive Plan We have reviewed the request and find no conflicts with our interests. U See attached letter. Comments: Signature 0/4141 3-S� X007 Agency 11C-1) Date •:•Weld County Planning Dept. 4.918 10th Street Greeley, CO. 80631 •8(970)353-6100 ext.3540 ❖(970)304-6498 fax RECD MAR 0 2 2007 Weld County Planning Department • • GREELEY OFFICE - re; t"\ R C EE1 �p Wel ounry nefierral CO 1�� February 28, 2007 . MAR - 2 2007 COLORADO The Weld County Department of Plarjrtj peigia@ 'tfeag-4&414irtAFFall wing item for review: Applicant Marcum Midstream Case Number RE-4612 • Please Reply By March 28, 2007 Planner Roger Caruso Project Two-Lot Recorded Exemption Legal S2 of the SE4 of Section 30, T3N, R65W of the 6th P.M., Weld County, Colorado. • Location North of and adjacent to CR 28 and West of and adjacent to CR 39. For a more I precise location, see legal. Parcel Number 1213 30 400014 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. ❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan ❑ We have reviewed the request and find no conflicts with our interests. la See attached letter. Comments: Signature 34107 Agency Pudic a.5A/r Date +Weld County Planning Dept. ❖918 10'"Street Greeley,CO.80631 +(970)353-6100 ext.3540 +(970)304-6498 fax a i � MEMORANDUM ITO: Roger Caruso, Planning Department DATE: 19 March 2007 FROM: Jesse Hein, P orks Department • COLORADO SUBJECT: RE-4612, Marcum Midstream The Weld County Public Works Department has reviewed this proposal. Our comments and requirements are as follows: COMMENTS and REQUIREMENTS: Weld County Road Classification Plan (FHU): WCR 39 boarders the site on the east and is a collector road. It requires an 80-foot right-of-way at full build out. There is presently a 60-foot right-of-way. This road is maintained by Weld County. Pursuant to the definition of SETBACK in the Weld County Zoning Ordinance (23-1-90), the required setback is measured from the future right-of-way line. WCR 28 is south of the site and is a collector road. It requires an 80-foot right-of-way at full build out. There is presently a 60-foot right-of-way. This road is maintained by Weld County. Pursuant to the definition of SETBACK in the Weld County Zoning Ordinance (23-1-90), the required setback is measured from the future right-of-way line. The applicant shall dedicate an additional 10-foot right-of-way parallel to the WCR 39 right-of-way for future build-out. Right-of-way not previously dedicated or reserved shall be done with the final RE plat according to 24-8-35, C3. Road Access Policy (Code Section 8, Article II and III): In the application for USR-1604, the applicant is proposing a 40-foot access easement across the southern edge of Lot A for the benefit of Lot B. This easement shall be used for access and utility purposes and shall be shown on the plat for this application. Typical wording: 40' access and utility easement over Lot A for the benefit of Lot B. The access easement shall be a graded and drained road to provide an all-weather access. Section line accesses are considered private lanes with no county maintenance. If applicable, the applicant should show proposed building envelopes, rights-of-way and easements on the parcel map to avoid potential conflicts (24-8-50, L, 7). The final plat map shall conform to requirements outlined in (24-8-60) Pursuant to Chapter 15, Articles I and II of the Weld County Code, if noxious weeds exist on the property or become established as a result of the proposed development, the applicant/landowner shall be responsible for controlling the noxious weeds. pc: RE-4612 M:\PLANNING-DEVELOPMENT REVIEW\RE-Recorded Exemption\RE-4612.doc • ft6 MEMORANDUM TO: Kim Ogle, Planning Department artment III 9 C• DATE: 15 March 2007 COLORADO FROM: Jesse Heins Department SUBJECT: USR-1604, Marcum Midstream 1995-2 Business Trust/Conquest Oil Company The Weld County Public Works Department has reviewed this proposal. Our comments and requirements are as follows: COMMENTS and REQUIREMENTS: A Recorded Exemption application for this property is currently in house for review (RE- 4612). The applicant is proposing to split the 80-acre lot into two lots. Lot A (the subject of this USR) comprises the eastern 34.5 acres while Lot B is proposed as the remaining 45.5 acres (approximately). Both lots are proposed to have Ag/Oil & Gas use. Weld County Public Works Department is requiring additional detail as follows: • Entrance detail showing acceleration/deceleration lanes and left-turn lane, if required, along WCR 39. • Circulation and parking plan. Weld County Road Classification Plan (FHU): External Roads: WCR 39 borders the site on the east and is a collector road. It requires an 80-foot right-of-way at full build out. There is presently a 60-foot right-of- way. This road is maintained by Weld County. Pursuant to the definition of SETBACK in the Weld County Zoning Ordinance (23-1-90), the required setback is measured from the future right-of-way line. The applicant shall verify the existing rights-of-way and the documents creating the rights-of-way shall be noted on the plot plan map. Other utility easements must be shown on the map. The proposed improvements should be located in a manner as to not encroach or limit the use of these easements or rights-of-way. Internal Roads and Parking: The proposed access and internal roads must be built to accommodate the amount and weight of trucks using the site. Off-street parking spaces including the access drive shall be surfaced with gravel, asphalt, concrete or the equivalent and shall be graded to prevent drainage problems. 1 All parking for this site must be off street and internal and delineated on the plot plan map. Each parking space shall be equipped with wheel guards or curb blocks to prevent vehicles from coming into contact with walls or other structures. Rights-of-way/Easements: The applicant shall dedicate an additional 10-foot right-of- way parallel to the WCR 39 right-of-way for future build-out. There is presently 30 feet of right-of-way along the south edge of section 30, T3N, R65W. No right-of-way exists along the north edge of section 31, T3N, R65W. The applicant is proposing a 40-foot easement across Lot A for the benefit of Lot B on case RE-4612. This easement shall be granted by plat. Section line accesses are considered private lanes with no county maintenance. Access: The proposed access drive to WCR 39 shall be paved for a distance of 50 feet from the existing edge of pavement to minimize damage to the road. The proposed access shall be placed in such a location to have adequate sight distance in both directions and not below the crest of a hill or where physical obstructions are present. A minimum radius of 40 feet is required for all access points to the public right-of-way (Chapter 8, Appendix 8-B of the Weld County Code). If a drainage culvert is required, a 15-inch corrugated metal pipe is the County's minimum size requirement. If the applicant chooses to place a larger culvert, please contact the Public Works Department to adequately size your culvert. Storm Water Drainage: The historical flow patterns and run-off amounts will be maintained on site in such a manner that it will reasonably preserve the natural character of the area and prevent property damage of the type generally attributed to run-off rate and velocity increases, diversions, concentration and/or unplanned ponding of storm run-off. The applicant must take into consideration storm water capture/quantity and provide accordingly for best management practices. The applicant is required to comply with all Colorado Oil and Gas Conservation Commission (COGCC) rules and regulations including drill pad construction, storm water controls, and reclamation. General Requirements: Pursuant to Chapter 15, Articles I and II of the Weld County Code, if noxious weeds exist on the property or become established as a result of the proposed development, the applicant/landowner shall be responsible for controlling the noxious weeds. Pc by post: Applicant: Dale Butcher USR-1604 M:\PLANNING-DEVELOPMENT REVIEW\USR-Use by Special Review\USR-1604.doc 2 Memorandum nine Deportment GREELEY OFFICE TO: Roger Caruso, W.C. Planning FEB 04 2008 ' DATE: January31, 2008 RECEIVED C FROM: Lauren Light, W.C. Department of Public • COLORADO Health and Environment CASE NO.: SE-1126 NAME: Dale Bohlender 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 the proposed home septic system and shall be installed according to the Weld County Individual Sewage Disposal Regulations. Please note, the lot owners shall verify with the nearest Town/City or Sanitation District to determine the location of the nearest sewer line. In accordance with the Weld County Code, if a sewer line exists within 400 feet of the property and the sewer provider is willing to serve the proposed structure, a septic permit cannot be granted by the Weld County Department of Public Health and Environment. 2. Based on a review of the septic records and the application materials it appears that the septic system for the existing house (SP-0500405) may extend on to the proposed SE Lot. The Department recommends that the applicant adjust the lot line so that the septic system is located entirely on the SE lot where the existing home is located. Alternately, the applicant can provide evidence that the existing septic system is located on one lot. 3. All septic systems must be located on their respective lots and meet all set back requirements including the setback to the lot lines. 4. This application is proposing a well(s) as its source of water. The applicant should be made aware that while they may be able to obtain a well permit from the Office of the State Engineer, Division of Water Resources, the quantity of water available for usage may be limited to specific uses, i.e. domestic use only, etc. Also, the applicant should be made aware that groundwater may not meet all drinking water standards as defined by the Colorado Department of Public Health and Environment. We strongly encourage the applicant to test their drinking water prior to consumption and periodically test it over time. 5. Topographic or physical features of the proposed lot, such as ravines, ditches, streams, etc. may limit the area available for a new or replacement septic system. Prior to recording the plat the Division recommends that the applicant review the County Code pertaining to Septic Systems to assure that any installed septic system will comply with all setback requirements found in the Code. In the event the proposed lot is not of sufficient size to allow the installation of a septic system the lot may be need to be enlarged. • Weld County Department of Public Works 111 H Street, P.O. Box 758, Greeley, Colorado 80632 Phone: (970 )356-4000, Ext. 3750 Fax: (970)304-6497 Road File#: Date: RE#: Other Case#: 1. Applicant Name Marcum Midstream 1995-2 Business Trust Phone (303)785-8080 Address: 303 East 17'"Avenue, Suite 660 City: Denver State: CO Zip: 80203 2. Address or Location of Access: Weld County Road Right-of-way by Resolution 10/12/1889 Section 30 Township 3 Range 65 Subdivision N/A Block N/A Lot N/A Weld County Road Right-of-way by Resolution 10/12/1889 Side of Road: North, Distance from nearest intersection of Weld County Road#39&Weld County Road#28 is approximately 270'(feet) due East. 3. Is there an existing access to the property? Yes X No #of Accesses: 5(Five) AG/Oil &Gas access=3 Oil &Gas access =2 Proposed Access= 1 4. Proposed Use: X Permanent X Agricultural ❑ Industrial ❑ Temporary ❑ Subdivision ❑ Commercial X Other: Oil &Gas(O&G) •*a,.w*********«i»*ti*+*w+reexNmi*********-e**** +**i*tii+******x*»i*mw****++e>+er»x mr**ia**a*e*++n+e**-At*****ft**: 5. Site Sketch Legend for Access Description: AG = Agricultural RES = Residential Section 30-T3N-R6SW T O&G = Oil&Gas B M D.R. = Ditch Road o i = House = Shed Existing 7 o&c 3 x A = Proposed Access • = Existing Access Lot B Lot Al— • A Proposed AG,O&G Weld County N Road #28 30'Weld County Road Existing _...-...............>.....,..n..***..,...******** Right-of-way by AG/O&G OFFICE USE ONLY: Resolution 10/12/1889 Road ADT Date Accidents Date Road ADT Date Accidents Date Drainage Requirement Culvert Size Length Special Conditions ❑ Installation Authorized ❑ Information Insufficient Reviewed By: Title: -5- er . 14) , : , li ......J_______ 33 34 353C 31 32 331 _. 34 3.5 se- r. 4 3 ' 2 1 6 5 4 3 2 —g--- 10 11 12 7 9 10 11 16 15 __.--- 14 13-- 18 17 16 15 14 O. 21 22 23, 24 119 20 21 22 23 j 28 27 25 25 30 29 28. _ I 27 i 26 33 34...--.-r-- __ - - 6 31 _`:.-_...__ 33 ,. 34, 35.. 4 3 2 1 6 5 4 3 . .. 2 9 10 11 12 7 8 9 1.0 11 16 15 1.4 13 18 17 16 .. 15 - .. 1.4 :1 -21 ..- 22.-.- 23 24 19 2.0 21 22 23 r-.; .1 I r4 • 13 18 17 24 19 20 25 30 29 31 32 1 6 5 [ :,pv. i .,.�..w.m+,.r.-.,+t.n^ ++ �' 't -. • !' 1 - ' 'i :4!:' .. 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J it +f '7 +:� ' s ,. .5J.;;!..1,7,, ! �t : i s vdp ,,i'-‘11.;‘14444.,.:`,..,-. `4 x7ji'45�� r} i' '..P0,1:111::',. +',F� fi M1i..,:g .,r• ' . 'f� ,�"Sto . x iR-;.f f• :.."°i! ,jr n' s :tc,. A i 0 . i 41:4'.4.; v.,:' rr1 i 4 ' • x ,d• ,r}#�Mp�ytip� f. 74f,,, , i �.r45 ^, '^ {S� t :4',":!;:,g1,,, s xr"a , �}:' Ai`Tyy. F'~we' , i + {jp ,. r. iia ,� t .Y'�+.. •"•,..A..,:; •6+1 b G �� 't r s .yfi'. J.,. Hr>a ,y til At 9t> `ti p N.t , . : s ^,'r' n itw�f"'^' r• b 9 'ti rt aQ� '' �' &�f +,",.. ^�,,�?y', f 44 • 'F ';'."-::'- 1.4,.. - 'h. }.;r. -'FW 'i 'i•: � a .fib , { r s b :',,,.-44,•;',v-z.-,..-.•-, �j�yi" t *S LOT A & B % F,XHIBIT A S1/2 SE1/4—SEC. 30—T3N—R65W RECORDED EXEMPTION 1213-30--4 RE— '“*I1 cam w , ffi w ItyY R� UE E U U �• -,,c., '1 Fr. J i 0< Po < < < <3 K -4 - ;it < Ww < F ti * W U "- z II YM O& S t� U ui u w orc o'�i an o Leg '..2 ,eic t y _ ., ...P .1 y Ss 1 '£ F T, i `.ems - 1 '.'�Y� A 3 F - *virus c:y, A S w. L�F4.95 It- 't 1 t t}er% g .y: * {tr-- >` v r _ L* r sr. x. t' rit 'yFd t >i 't y, s ra ir C' yam, ,, rt�G %-. ( >( ` x st k • A fi se x s, M * µ. -5 k ' a'' S1^s IX t 4s w. 0...44 t• f T 9*�� Mx tp1\4 'li '1 ELk. i Y 3. 3 { pry �"E.. , y, 1 b v, s 4,,. xi y t. •'A`� KING SURVEYORS, INC. PROJECT NO: 2006494 \' /4 650 Garden Drive Windsor,Colorado 80550 DATE: 1/26/2007 ' �' phone: (970) 686-5011 I fax: (970) 686-5821 CLIENT: CONQUEST OIL www.kingsurveyors.com DWG: 2006494RE—APP ' ' • • CERTIFICATE OF CONVEYANCES WELD COUNTY STATE OF COLORADO DEPARTMENT OF PLANNING SERVICES COUNTY OF WELD Transnation Title Insurance Company hereby certifies that it has made a careful search of its records and finds the following conveyances affecting the real estate described herein since August 30, 1972, and the most recent deed recorded prior to August 30, 1972. LEGAL DESCRIPTION The South 1/2 of the Southeast 1/4 of Section 30, Township 3 North, Range 65 West of the 6th P.M., County of Weld, State of Colorado. CONVEYANCES (If none appear, so state): Reception No. 943569 Book 1141 at Page 170 Reception No. 1297370 Book 1524 at Page 165 Reception No. 1706749 Book 785 Reception No. 2043615 Book 1103 Reception No. 2297261 Book 1344 Reception No. 2297262 Book 1344 Reception No. 2297263 Book 1344 Reception No. 2297264 Book 1344 Reception No. 2503012 Book 1558 Reception No. 3196091 Book Reception No. 3199214 Book Reception No. 3208708 Book Reception No. 3389326 Book Reception No. 3389327 Book This certificate is made for the use and benefit of the Department of Planning Services of Weld County, Colorado. This certificate is not to be construed as an Abstract of Title, Opinion of Title or a Guarantee of Title and the liability of Transnation Title Insurance Company is hereby limited to the fees paid for this Certificate. In Witness Whereof, Transnation Title Insurance Company, has caused this Certificate to be signed by its proper officer this 25th day of January, 2007, at 7:00 am. Order No. 63-0001319 Transnation Title Insurance Company By h'\]\I'‘,/‘_,I Authorized Signature Y,( fy ".,. �Ak tiY tr L ". 2 31. d _ 9 �'"' ✓.�4 5 4'v�j+ t: sa ei' ,L— 3 f x a `.. t µ"..4o!g..'��yY .' `Wa' >�.��>�'�'�`'��S'TX� K� Y7,4,,,,7„.p 'k.�4�i. � �c' .ir`•.,••k'. T$$ )F 8^a tC W P T Y N }'Y•YkA •' "b • 1 > %.. � 'N�-°^ tl3' pf, a 5�'.v hK' es"'�' .,� ��Sa i 4 .f.4# sv,`*r'z s,>,.,y, ,Ae •,kT ' -.yth3w" -.4-, 4:::,.:-;,,,,,," 1ta mo a P"'^" }" 4% t rt .4.4Y „�at .x a y} ei }t as Ya as '# yr} j °v.H#"j x'Z�'8 fit` 4a F,4 x "449' l ` 3i $� . ' a. J •4 v i Tq ' - st Db.R � rl"'" & e fi z �r v , _., A z # C V ,,,,,,_„:„._.,,,,,.....„,,,,..:,4 Lapin 'J".� aaW .≥ - ----- -q`st, ' b a'`. ''n 1 e? .. � —t 6s*3�H?t 41,[aeibs'adefl adtlrtiwFi₹k��t Coenty of t u'i y • , •9� •1� i;'."•sk' FP)- a zi :,4 The nowt 4aat quarter fr ;)9r tens � � } -,..,,,.•410•,,,:,,,i- ';',.,..?,-..,.°..,;..,•.,:t4 r s 5 to 'oinathi�Se (°fit 11ts . a, td 10447 ifi y flCp : a. ₹t0Ett oP thtt $ ii3f i}lfidxasS. , . •,3 ' tY > ri , t £ K•� ( • ? (} , Together with all and *Molar the lsvwi:tamen±a tad sypae4saemea Waenate bsion=eete or'ta'anyadaa&Dpsa- ' I •et twining,and.M rerereleo end reversiooa,mo.ladet and rem&adesai.rents;Hama, and DS l _ tithe and an the. .., ``a" estate.NBHt, Gtic, lrtetaet,dale and amnia wliabeeia.of'ii,.aafd'.Daurty thhe drew part,either.in law or .-� , . } equity,?i in'and to the ahoy.bnrCnlaed nia ';"with the"betedIS eels and appertanaaam:TO.HAY$AND `r�" • TO HOLD the said promisee slum bargained and dasaibed,wlth the appmianancn,Hato .-# '.' William Sohnn idar the gala pert Y ad.GiiseecrdNat, big ' ctle- Hein and aaGaos 4oewm. 4.1441r:vet,tAnd the said party of the drat pile,fee itself sod its pbenama eaynrntn aS agrees te.andwith the said ec.r:'; party a!ffie -ecbad Dart, his Melia am!aeaiaas,iHa above bargained Dnmisesi in the quint and' sr =s peaeeeWa poeeearion a 636.add Dart Y Sun seesad net. hi. hero sod'asalaas,mince an and every s yween or moms larfdty elahnint or to elsiet the whole or say part thereof,by,through or melee the said par y of!fie drew part,to WAIGIAN'i'AND D'O$£.YSa Al'FFJ7D.• t rWe IN.WITNESS WHRmEOr, The add party of the!rot part.hav caused Eta corporate name to be hereunto aobsci'Htd by its . - President,and ha corporate pat to be hereunto atfised,attested by 1N fieeretarp, ,� the day and year 6M show written. "`-'': } Attest!' a y. / 5 (..� rsr,y,+d �w � ,t may}-}( iBy r�i cfi p. f vjj ... _......_....__, •rtwVanc ,, ... DO eleASS, .�� es m .._..DeAY.eL_.._ . . TAc''� ? v'' ta.ahument sass aea+wk.lgrl before ms whit . ai..taoat i ..,.,.....__.da; , ,��Panerea .: ` t.... .et$' . .ip t ..,by_...___...4Wa.. te....1391104..____.._ _.__..._._.._the..__._. Presdent , -- x arod . ........ ... _ ?..attgla Ay__hons__.._....._._. ..._ , else Seeman . I - r of�,.., .. e..:ntia Jinanaa..Compaz ._.....____.._._ _.._.__-_._ "' • sa ��iitielutdl"ai. r ' • ";').114b::—' 4y '_$.i1it._.14a...19.A&.__ .. ___. ,:., z 4 ,� 'v ta�X d "4,, yJ'J/ // sti, tav'a ;til C4i 14 to liens Rhin, • +"�`� ; r bile ffeane'' t.14, IOIS I n?` ,"� r ", i kt . S. Ye. IS-E. smut It aaXYTP a& -per. SMCwdiO ^�lawaPYi tl..Mhw 9�bJraA:9 YAM grass DNM fda, �� .T • FEB 8 1959 r1' 1.O73rro _,„,..1ab24 :1J.i 6a ate:'. Are Same, '. /AST WILL AND TESTAMENT OF WILLIAM SCHNEIDER IN tlE NAE:OF GOD, AMEN: I, WILLIAM-SQWEIDER, of Rid., Brighton, f:oloradp-1 being-of: sound and disposing-mind and memory, do make publish 4O0 d$d aie_this to b. MY LAST WILL AND TESTAMENT, hereby revoking any and 1 wills, codicils, and testamentary-dispositions by me heretofore • 'at" ice. made. FIRST: It is my wish, desire and request that my executors herein- after named do not expend over Three Hundred (6300.00) Dollars for my funeral. SECOND:-.I give devise and bequeath unto my wife, MARIE SCHNEIDER, the following: Mb undivided one half interest in and to Lot 12, and the S'5 of Lot 11, Block. 101, Byers East Sub., City and County of Denver, Colorado. All of Lot 15, Block. 5, Sumner's Addition, City and County of Denver, Colo. All my furniture. An undivided Nine-sixteenths (9/16) interest in and to any and all cash, stocks, bonds and notes, the latter whether . secured or unsecured. - THIRD, ' I give, devise and bequeath unto my daughter, Amelia King, my automobile and an undivided two-sixteenths (2/16) interest in and to any and all cash, stocks, bonds and notes, whether secured or unsecured. Testator is not unmindful of advance- ments made by deed to Amelia King during my lifetime, and 1s cognizant of the work, labor, interest and improvements by Amelia King and her husband on sail property. MATH: I give, devise and bequeath unto my daughter, M astiE JCM:Ei, the following: SEX: of Section 21, Township 1 South Lange 67 West of the bin F.N., Adams County, Colorado. con. 157.24 acres, more or less. 304 of Section 30, Township 3 North, 3ange 65 West of the 6th F.M., Weld County, Colorado, con. 16C acres, more or le,s. An undivided Five-sixteenths (5/:6) interest in and to any - and all cash, stocks, bonds, and note;, whether secure.! or unsecured. FIFTH: All the rest residue, and remainder of my estate, not pro- - aided for above, I dive, devise and bequeath a. fellows: Nine-sixteenths ((9/16) to my Wife, Marie Schneider; Five- sixteenths (5/16) to my daughter, Marie Jcnes; and Two- sixteenths (2/16)) to my laughter, Amelia King. - SIXTH: I hereby appoint my wife, aerie ,c:neiier, and my laughter Amelia King, as co-executrices of this my last :'ill ; ant testament, and ask- that they be permitted to serve without posting bonds. D1 WITNESS WHEREOF, I have this 28th Jay cf July A. 0., :n5.. made, executed, declared and signed this My Last Will an- Testament. /s/ 9il'_laa, Schneidei We the undersigned do hereby certify that on the above -late, the foregoing instrument was signed. acknowiedyei, published and declared by the said Willia.-,. Schneider to be his last will and testament: that his signature icclarei by him to be his genuine signature, written by himse!':?in our presence, and we, a.t,.his request, and in his presence, ani in the presence of eacip other, have subscribed our names hereto as avtesting witnesses. We further believe that the said William Schneider was of sound and disposing mind and memc.ry at the time of the signing of said will and testament. (s1 H. -jar' Slifer 5 lee W Homan - /s Blaise J. Jacobvcci .o•0�_.,'.luck_LI_J.L.YLY= Ws b . e • �.c.c N,.1"1QR749', ry Ate Foneer a..Remade.- 41785 50622 Revertant --.—o'eloeD•__.-X,- ._.r I_-L._— 05 rds(722 x..enr:,..ul:n._ . ..... ....... Recorder n arep X19 DEED, Made this 1' day of November at , f]7 rB 76,between gist MARIE SCHNEIDER JONES CORPORATION, a corporation duly organised and Wade`under and by virtue of the laws CC Y.u n O - C r O) d the State of Colorado of the first part,and ' roc MARIE SCHNEIDER JONES, LTD„ a limited am mi.L2 • N partnership Pm 1N C, of the ENNtpltt and Stele of Colorado of the attend part: wrTNESSHTE Tiet the said party of the first pert,for and in consideration of the earn of TEN ($10.00) DOLLARS. to the sold party of the first pert h,hand paid by the said part y of the second part,the receipt whinot Is hem by confessed and eeknowiedge herb tenanted,bargained,sold and ee,veyed,e„i Lr thee presents doth grant,bar- gela,sell,convey and confirm unto the add pert Y of the second part, its heirs,and selling for. ever,an,of the following described lot or parcel of land,situate,lying end being In the County of ADAM & WELD and State of Colorado,to wit: E 1/4 of Section 21, Township 1 South, Range 67 West of the 6th P.M., Adams County, Colorado, containing 157.24 acres more ✓ less. SO SE 1/4 of Section 30, Township 3, North, Range 65 west f the 6th P.M., Weld County, Colorado, containing 160 acres more ✓ less. ubject to the taxes for the current and subsequent years. TOGETHER with all and singular the hereditament! and eppurteneoces thereunto belonging, or in anywise epparWniog,and the maraca or reversions,remainders, rente,Ueoaa and profile thereof] and an,the estate, right,title,interest,claim and demand whatsoever of the add party of the first part,either In law or malty.of.In and to the above bargained mambas with the bereditamoots and appurtenances. TO HAVE AND TO HOLD the said presses above harnined and described,with the appurtnoances unto the said part Y of the second pert its hers and ensigns forever.And the said party of the fine part,for itself, and Its successor,doeh covenant,grant,bargain,and sans to and with the ode part Y of the second part, its helm end assigns,that at the that of the maeeling and delivery of these presents It Is well seized of the premises above conveyed,as of a good,earn perfect,absolute end indefeasible estate of inheritance.In law.In fee simple,and bath good right fall power and lawful authority to grant,bargain,eel end convey the same In manner and form aforesaid,and that the same an bee end clear ham di fanner and other grants,bargains, tales,lien,taxes,assessments and tucumbnnes of whatever kind or nature navel and the above bargained premises fa the quiet and peaceable possession of the said party of the second part its hears sad asdgna,against all and every pence or persons lawfully claiming or to claim the whole or epspartftereof,!based party of the fat pert shall and will WARRANT AND FOREVER DEFEND. LN'RTmmEgR.WHEREOF,The said party of es Drat pact path ceased its corporate name to he hereunto aaberl�eg Id • Pxefd®t and its sol co., e seal to be hereunto affix.., -nay ion exit env endrear firstsb em. -AttpC L^I'_GLf_O}n_ =,•=`"`w_. _ By_—__ — b.aaer. CC ! ' El1Qn OF 7{tlhAlth its,CALIF y gha..IA The foregoing instrument was eelmowledged before me tbv any of/Mesa..,.,,-- is76 ,by Marie Schneider Jones lea Preeided and Gladys Irene Rose as Reenter of MARIE SCHNEIDER JONES CORPORATION, a corporation. r'— "OFFICIAL SEAL repm,srieleommimlon aphes f,1(r"rr ak h! LINDA Y. WARWICK Wi-au my band and o(fkid seat i RorAnvpuemc-rmuronxw C!_.4— g, , -cm:4' KERN COUNTY �L��"- Nolan - ' NrgartnmrEwbpirnSm1g1911 f Na-MBD. WARRANTY D.^n-Cepntl,NNbe RWiW.Ow inlet taro tent-.arv.Gnat-Pee • • AR2043,15 B 1103 REC 02043615 02/20/86 11:46 $12,O0 1/O04 F 1666 MARY ANN FEDERSTETN CLERK A RECORDER WELD CO, CO THIS DEED, Made this 10th day of Janua y, 1986, between MARIE SCHNEIDER JONES, a Colorado Limited Partnership of the County of Adams, and State of Colorado, of the first part, ,*.5 BRITTON-ROSE CO., A California Partnership whose legal 'dress is 330 H. Street, Suite 6. Bakersfield, Califrnia 93404 of the County of Kern, and State of California, of the second part: NITNESSETH, That the said party of the first part, for and in consideration of the sum of ONE DOLLAR AND OTHER VALUF.BLE C0NSIDERATI0N -----------DOLLARS, to the said party of the first part in hand laid by the said party of the second part, the receipt whereof is hereby confessed and acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the said party of the second part, its heirs aid assigns forever, all the following doscribed lots or parcels of land, situate, lying and being in the Counties of Adams and Weld and State of Colorado, to wit: SE 1/4 of oection 21, Township 1 South, Range 67 West of the 6th P.M., Adams County, Colorado, con,.4ining 157.24 acres more or less. ALSO, SE 1/4 of Section 30, Township 3 North, Range 65 West of the 6th P.M., Weld County, Colorado, containing 160 acres more or less. Subject to the taxes for the current and subsequent years. TOGETHER with all and singular the hereditament° and appurtenances thereunto belonging, or in any visa appertaining, and the reversion and reversions, remainder and remainwers, rents, issues, and profits thereof: and 011 the estate, right, interest, claim and demand whatsoever of the said party of the first part, either in law or equity, cf, in and to the above bargained premises, with the 'Atreditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances unto the said party of the second part, its heirs and assigns forever. And the said party of the first part, for itself, its heirs, executors, and administrators, does covenant, grant, bargain and agree to and with the said party of the second part, its heirs and assigns, that at the time of the ensealing and delivery of these presents is well seized of the premises above conveyed, as of good, sure, perfect, absolute and indeteasible estate of inheritance, in law, in fee simple, and have good right, full power and lawful authority to grant, bargain, sell and convey the same in manner ant) form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, tarns, assessments and encumbrances of whatever kind or nature soever, except any of record, and taxes for current and -1- r 1103 REC 02043615 02/20/86 11,4u 612.00 2/004 1667 NARY ANN rEDERSTEIN CIERR A RECORDER WELD CO, CO subsequent nitres, and subject to all mineral leases of record which leases are hereby assigned to Grantee. ' and the above bargained premises in the quiet and peaceable possession of the said party of the second part, its heirs and assigns, against all and every person or persons lawfully claiming or to claim the whole or any past thereof, the sa.d party of the first part shall and will WARRANT AND FOREVER DEFEND. IG WITNESS WHEREOF, the said party of the firm part has hereunto set its hand and seal on :he day and year first above written. t itate Wa ter a■ t ton, #ir partnern m, partner partner 'by G adys Irene Rose, Personal r:Trietta); RepresentativeoftheEstateof Narie Schneider Jones, per � September14, 1985Letter,o Adams County, 185 PR eta' It a 40, GTj ye[drone IEose,' partner rtnec -o keakuj AK A s�v rGa/XO— yf o $ands As w, enn ose ar �•� partner c� { �� a �p op. , �a Rosi,9i/k''s q Debra +�V partner ry"c�� Eurnaggh, partne Berbera Compton,��/ ells/� tdn ��/ partner partner -2- '193• F 0294315 02/20/86 1is46 61 3/004 F EOERSTEIN CLERK . RECORDER LD CO, CC ACKNOWLEDGMENT STATE OF CALIFORNIA ) ) ss. COUNTY OF KERN ) ON January 10 1986, before me, the undersigned, a Notary Public in and for said State, personally appeared GLADYS IRENE ROSE personally known to me or proved to me on the basis of satisfactory evidence to the er1 qn Ste ho� xecuted the within instrument as Y- •�� of the partners of the partnership t at execu ed the within instrument, And acknowledged to me that such partnership executed the same.J /�}�r<' s'"ay'res•":�- ----..sa� Yr ' Plld< I I. (5filo. ; Asm MARGIE E. .MSI NOTARY L C IN AND FOR SAID STATE NRY ILK•CAU U SOPN VT I OSA ML ' BOND OLIO IN 1 KENN COUNTY MY COMMISSION SKEINS JAY So 1Ms ACKNOWLEDGMENT STATE OF CALIFORNIA ) ss. COUNTY OF KERN ) ON January 10 1986, before me, the undersigned, a Notary Public in and for said State, personally e pp_ared GIB IRRIE ROSE and GLENN ROSE personall• known to me ur proved to me on the basis of satisfactory evidence to the person_ who executed the within instrument at of the partnelq of the partnership that executed the within instrument, and ..•knowledged to me that such partnership executed the same. • 7 .1r + .af2`•�. .+v.uw •.•- . . ••-•{ ripen emy.i. /J I./ its M/i IT. MARGIE E. AM.A'd NO TA PIIBI.IC IN AND F6R SAID STATE NCAA.Y ru1OC atataNIA BONu Toro IN lr WINCOUNTY MY COMMISSION,•:PIP.I:ME SO,1941 Lr ACKNOWLEDGMENT STATE OF C4LI'CtNIA ) ) ss. COUNTY OF KERN ) ON January 10 1986, before ie, the undersigned, a Notary Public in and for said State, personally appeeredOWMO ,1162E&MU 7tM&VDEMW:BOIBl1 personally known to me or proved to me on the basis of satisfactory evidence to the pt1sOn$ who executed the within instrument as of the partners of the partnership that executed the within instrument, and acknowledged to me that such partnership executed the same. fi NOT Y P LIC I AND FOR SAID STATE ACKNOWLEDGMENT STATE OF CALIFORNIA ) ) ss. COUNTY OF KERN ) ON January 13 , 1986, before me, the undersigned, a Notary Public in and for said State, personally • B 110 EC 02043615 02/20/86 11:46 $1 2.00 4/004 F 1669 MARY ANN FRUERSTEIN CLERK i RECORDER WELD CO, CO appearedcgaj ar •E. LINND ROSE. BARBARA @IPTON , personally known to me or proved to me on the basis of satisfactory evidence to the persons__ who executed the within .netrument as of the partners of the partnership that executed the within instrument, and acknowledged to ■e that such partnership executed the same. .....,•s,r, .....�........,.,"ae� . 00 SC I. JUJL E. MA51 4. �/y FM 1. Y rm:Ic CALIFORNIA NO7UEL C N A'ND rOR SAID STATE NINO PLED IN RUN COUN1V _MY COM•.M.!ION IXNMS JAN M 1951 `^74.0'5► ACKNOWLEDGMENT STATE OF CALIFORNIA ) ) as. COUNTY OF KERN ) ON January 14 1986, before me, the undersigned, a Notary Public In and for said State, personally appeared KELLIE BRITTON personally known to me cr proved to me on the basis a' satisfactory evidence to the person who exe uted the within instrument as one of the partners of the partnership that executed the within instrument, and acknowledged to me that such partnership executed the same. GI E. MAST / lA dv Y^�'y^��+ No;. I••n It +nEnm+M N AR PUBLIC IN AND FOR SAID STATE Il NU Wm IN to OM COUNTY ACKNOWLEDGMENT MY CM1.lErin r•pm'[1+N 71 1 e1 • STATE OF CALIFORNIA ) ) ea. COUNTY OF An ) San Bernardino ON January 30 1986, before me, the undersigned, a Notary Public in and for said State, personally appeared Sandi Askew , personally known to me or proved to me on the basis of satisfactory evidence to the person_ who executed the within instrument as nna of the partners of the partnership that exec teu the within instrugnt, anCarsowledged to me that such artnerahip executed the same. Irtssrna`—'' _:-nwr_r.•e:v /►� lU Iw`.A4�rLG i 'p` • .� ^:' " E ^•V'• EENOTARY PtlBLI� I AND FOR SAID G : .;,sS 4 CA..A'f. '. tJC.47Y Ii My Cummm•rn/.• IC.n:• ::.1953 am:auw8b=i8 •-etas. ACKNOWLEDGMENT STATE OF CALIFORNIA ) ) 88. COUNTY OF KERN ) ON 1986, before me, the undersigned, a Notary Public in and for said State, p lly appeared , personally known to me or proved to me on the basis of satisfactory evidence to the person_ who executed the within instrument as of the partners of the partnership that executed the within instrument, and acknowledged to me that such partnership executed the same. NOTARY PUBLIC IN AND FOR SAID STATE •• a • B 1344 MC 02297261 07/27/92 14:39 010.00 1/002 AKE:247263 F 1959 MARY ANN PEDERSTBIN CLERIC & RECORDER WELD CO, CO our CLAD/DEED • KNOW ALL 1dFN BY THESE PRESENTS,THAT, WHEREAS,refamee is mode to the following beds situated is Weld Co mga Colorado,to wit Township 3 W.Sh Range 65 Wee 6th PM Swim 3k SE/4 and haetos0a edaad to as the SUBJECT PROPERTY':end, WHEREAS,Mask Sdmdda Jura waked the SUBJECT PROPERTY by the la Will ad Tatman d Willa Seheetda,raided February R 1969 k Book 1526 at Page 165 of the samds d Weld County,Co radar ad, WHEREAS,the steads of Wad Comity,Cole ado don Idea aohWramem ahmde MaleSdmdda Smafeaotar emreyat the SUBIBCrPROPERTY,notesithanding the fact that the Wald County rinds reveal the foloolos doess = Warsaw Deed from Mule Sdnrada Joe Ooapaadm,a Colorado mptta'm to Male Sdmdder lens lid, •Stoked prtoardi p,needed December 22„1976 in Bodo 7115 err Resale No.1706719. Warranty Deed fret Mark Schneider kern, Ltd, a limited awash* to Batonaose Co, *Catarrh pntaship,regraded Febrary 20,1966 in Beek 110!as Remptim Na 02INM15 and, WHEREAS,Maria Schneider lea is now deceased,her estate having been probated in the Sapaior Cart of the State; dalbaia fist the Cowry d Rai,tt34992 and that final 14str3ation has bear nude death;aid, Wll REAR,the oadosigmd,With all of the Ieg,Yoa ender the tans ad amebas of the Ica Wit and Ta rust and :, Cdidk 1 ad 2 d Mark Schneider lama,dike to rya ke mod keen set at rest any-aunty ambled from the feriae. attic said Mnie Sdmeider Tones to lead a wale aoryrs®Wdd Comity,Colorado tithe SUBJECT PROPHETIC. NOW7TEREPORB,the andenigzedGbdya Irate Row,DeSrah Bash aim Dorn Barash the DebshRar,Kale. Edam Shephwd Bs Rile Baits . Walter Wan Briton, Sandi Ashew ala Sandra M.Ads Lloyd Rs Barbra; Campton and Craig Rate r all of the kgatera in the Eat d Made Sdmdds Sons,tamed,in mmHmOm of the: • phi haw ranked,released,old ad quit claimed and by then presents do remise,relax,sell ad make ddm.ob Britton-Rae Ca,a California gemeat ershW,its mats=and amigos forever all ofthe dest.title,that,clan and. ' demand which said pities may have SaedtotheiS propertytogether with impwvmeamday,situated sad lying iWdd. Canty,Colorado described as Mae Township 3 North.Rave 65 West.6th e,{md, Seim 3fr SE/4 TO HAVE AND TO HOL%the same together with all and Magda the appetmaum ad privilege Waamtotek Bing: ram any wise thumb appaldoks ad all d tht tattle,right,a SCRS and ddb whammies d add poets dins tar; law or is equity to the-pops me,bath and behove of IHRkiTON-ROSE CO,it saws and aadgm force IN mums WHERETO,the enders eed haw aedd this Quite Cain Deed as of Judy 1,1992Mb Oat Chia Deed any be .. • Ihe lammed-dm wevapmu ad o,0 mgh eounempmm mget6a shall be droned b omafso ��iKn 4froxi aOnsli G0 1 t •w.E ROSEE SANDI ASKEW,aka SANDRA M ASKEW Mtn lbw.— 1 DtBtAH euRNAlICH aim DEBRA BUR1 aka RERAN 8093 gc Pima .7.tt a:, m' SkiEPEERD ]�BRI7TON WALTER Eamon ROSE • As _ • at STATE OF B 1344 REC 02297261 07/27/92 14:39 $10.00 2/002 COUNTY OFF is.,. F 1960 MARY JINN FEUBESTEIN CLERK & RECORDER WEIR CO. CO The dad egoieg ens was ial %, [ 9 before me this day of Jd1992 bbyy ME ER E ROSE. My commission expires • EVAN „Er .G " laac SP MN . I w�t>aaamtss l STATE OF �� ODUNTY OF )as- The BRA B�URNNA before mc this day of.14199E by DEERAH BURNAITGH,aim DE AUOF aka DFBRAH Wamcas my hand and official sat . ztAMWE E YA4 Mu, L �I►�� idyamm am wogs Omar errWp.a yww��rm��n�s�e /a I u,I{ " .G• // /P..r..e. tboa ibrkksl7la'1Pnbf& / STATE OF COUNTY OP I.9�/ )a The foregoing instrument was admowbdgcd before me this a&dayof July,1992 by KEUJE BRHTON flm ILEUM BRI7TON. Wdnea my hand and official seal. ... ... r. .. MARNE E MA z z 11952945 My cokes S maw snatacWy9a aS 9(i.. f setts.. a ands O' � sib mnaq � STATE OF CALM COUNTY�+ �Ifira/ 11s• The foregoing knee was admowledgcd before me this a da®of3dy,1992 by WALTER WILLIAM BRIT7ON. Witness my band and official at �// y.� M7 ammmission nom ' MGM E.IMO y `�f^"p i y P amasr wmrea room s f' y POMO el CORM P 1 tb ore.Bran m nil STATE OP COUNTY OPCM )a The foresphig was acknowledged before m Pe this day of July,1992 by SANDI ASKEW,aka SANDRA M.ASI Witness my band tuziefFiri-•,s 'S MARGE E.NMI s ME z Ma 4952946 g t app ma9061 "'°tat Pak STATE OF CALIFORNIA COUNTY OF „•.,,......_. )a The foregoing amens my fined and� a�dmoadodgd before me this ig day of 3ely,1992 by LLOYD ROSE. .....................«......_ Ses O My commission apices z "ME. is 2 y )&.., A P NOW/ WM omenMk Sab con tle as a mei STATE OF COUNTY OP e2sr� )a The fo¢g ing imtr®ens was 6efmo ono as of July,1992 by BARBARA COMPTON. Witness my hand and official aaxL . KNEEE •fdlEl y •- My omission cavil= NOTARY nMem�eesi16_s[ )9342.er�ee.AS916 t.• 1 Wawa Bp • STATE OF COUNTY:tit )a The foregoing habhimed was admowledged before me this Itday of July,1992 by CRAIG ROSE. Wineas my hand and official at My commission 1 i Notary Pubic 2 s S +',, S a1R229?262 • A 1961 171112' 07/27/92 14:39 910.00 1/002 8130SBSTEJZi cm= & RECORDER WELD r :. ... �•. • ,i B 1344 REC 02297262 /e OUIT CLAIM DEL0 I. • • KNOW ALL MEN BY THESE PRESENTS,TREAT; • WHEREAS, reference is made to the following lands situate! in Weld County,Colorado, to wit: • Township 4 North. Range 65 West.(<h P.M. .;- •''', Section 30:52/4 c;,; and hereinafter referred to as the'SUBJECT PROPERTY; and, WHEREAS, Marie Schneider Jones acquired the SUBJECT PROPERTY by the Last Will and Testament of\Yi;i;iti•• Schneider, recorded February 9,1959 in Book 1524 at Page 365 of the records of Weld County,Colorado;and, WHEREAS,the records of Weld County,Colorado do not reflect an instrument wherein Marie Schneider Jones as Grantor`. conveyed the SUBJECT PROPERTY,notwithstanding the fact that the Weld County records reveal the following doettme'n:::3 • Warranty Deal from Marie Schneider Jones Corporation, a Colorado corporation to Marie Schneider Jones .: • a limited partnership, recorded December 22,1976 in Book 755 as Reception Ng. 1706749. ..• • • Warranty Dad from Marie Schneider Jones, Ltd., a limped partnership, to Britton•Rosc Co, a:Califs n:a partnership, recorded February 20, 1956 in Book 1103 as Reception No.02043615; and, WHEREAS,Maria Schneider Jones is now deceased,her estate having been probated in the Superior Court of the Star of California for the County of Kern, #34932 and that final distribution has been made therein; and, WHEREAS,the undersigned,being all of the legatees under the terms and conditions of the Last Will and Tawnientne Codicils I and 2 of Marie Schneider Jones,desire to resolve and forever set at rest any uncertainty resulting fromdhe of the said Mark Schneider Jones to record a specific conveyance in Weld County,Colorado of the SUBJECT PROPERTI:.', I ..i NOW THEREFORE,the undersigned Gladys Irene Rose,Debrah Burnaugh aka Debra Burnaugh aka Debrah Rose,Relce Britton Shepherd B:a Kettle Britton, Walter \ViUinm Britton, Sandi Askew aka Sandra M. Askew, IJoyd. Rose, Barhata Compton and Craig Rose as all of the legatees in the Estate of Marie Schneider Jones,dercuerl,in consideration of premises,have rented,released,sold,and quit claimed and by these presents do remise,release,sell and quite.claim uhti' Britton-Rose Co.,a California general partnership, its successors and assigns forever all of the right,tide,interlst,dairami demand which said parties may have in and in the real property together with improvements if any,situated and lying in Wein • County,Colorado described us follows: i ';�' '`• Townshin t North Rearm(h5 Weet.(wIt P M Section 30:SE/4 ; •i; TO HAVE'AND T01.101.0,the same together with all and singular the appurtenances and privileges thereuniMbehinj n!"4,1 or in any wise thereunto appertaining and al!of the estate,right,title,interest and claim whatsoever of said parties eitbet;Fsr Lavin in equity to the only proper use,benefit and behove of BRITTON-ROSE CO.,it successors and assigns fweveri IN WITNESS WHERETO,the undersigned have executed this Quite Claim Deed as of July 1,1992 This Quit Claim Deed may be executed in counterparts and all such counterparts for 'a shall be deemed to eonsdtt:ia one and the same instrument. ..i •, GL.DYS IRENE ROSE D_ A KEW, aka SANDRA AS.ASKEW I • DEBRA}! BURNAUGH aka DEBRA BURNAUGFI aka LLOYD R DESRAl1 ROSE • ` KELLIE BRITTON SHEPHERD ilea KELLIE BRITTON BARBARA COMPTON WALTER WILLIAM BRITTON CRAIG ROSY.' • I• • �., 8 1364 02297262 07/27/92 16.39 $1 0.or CAL-WORN!!! 0. 2/002 I.JU.NTY OF • P1962 MARY AMA PEt18RSTEID axis i RECORDER HELD C°: CO .1 }.,, The foregoing instrument was acknowledged !wrote me this day of July,1992 by GLADYS SRBNL'RO' ',1. ax;al Partner of BRITTON-ROSE CO., a California general partnership. ship. "'"` \Y:nes my hand and official seal. My commission expires STATE OF G\UFGIL\[,\ Notary Publict COUP fY OF ) .� )s •• • The foregoing instrument was acknuwicdgcd before me this day of July, 194 by GLADYS IRENE ROS individually and as a partner of BRITTON.ROSE CO.,a California general p:ro:crship. Whress my band and official seal. • vRi'� • fill ,\Iy commission expires: STATE OF CALIFORNIA ) Notary Public .� ., COUNTY OF )u. - -! • The foregoing instrument was acd:;,uw•Icd):ed before me this day of July, 17)2 by GLENN ROSE,�pul+vvloahv ,J: and as a partner of BRITTON•ROSE CO.,a California genera! partner ':p. •:. Witness my hard and official seal. i.: ":'yi4'�. . . My commission cxpirG: ri'1... Notary Public :'''7 . •-i. STATE OF CALIFORNIA js; „ COUNTY OF )ss The foregoing instrument was ack::ow2edged siafora me this day of July, 992 by DEBRA1i BURNAUGH,Ia �:";tl • DEBRA BURNAUCiI, aka DEBItAN ROSE,individually and as a partner of`2RITTUN-itOSE CO.,a California,genial ' I partncrshin. i, ,. Witness my hand and official seal { ,� • My commission cxpnts: Notary i'uhlic . : . STATE OF CAUFORNI:\ } ' � COUNTY oir )ss. The foregoing ins:rumens was acknowle:.hted before ale tl:id day or July, 1992 by KCLLIE 1LRti7ON•.-SI•I2PA LERD,Ilia NELLIE BRITTON,individually and a::a partner of BRI'1•IY)N--ROSE CO.,a California gene el pei'furs!:in c: :: Witness my Sand and official scat. • I. 4.a? My centctissior, upi:cs Notary Public STATE OF C.ALIFORNIA + COUNTY OF t. )ss. The foregoing instrament was acknowledged before fora this day t:f ink:, J'J72 by WALTER Witt:AM1"„ H ITTON, individually and es a paro:cr of BItI'TON.Ros i CO.,a C:Ifo:nia general partnership. Wiuuss my hand 'and nffioiai sc_!. My co:acssion expires Notary I't:bhc '::1'y.,. STATE OF C:AL'FORNL\ ) COUNTY Olr )M. .,;,,I•, The foregoing instrument war. ackaowlcdgcd ironic ate ,Mil day ,:f July, ;712 by 'VIRGINIA 3R1iT01+ IiI individually and as a paraar of BRITfON•ROSE CC).,a California general partnership. Witness my hand and official mono.• My coct,•aission expires: Notary Public ' '- • STATE OF CALIFORNIA ) COUNTY OF )ss. The foregoing instrument wasatknow•fudged before ant:this daynrimly, !VA bySANDI ASKEW,aka SANDRA: : ''' M.ASKEW, individually and as a partner of BRIfTON-ROSE CC).,a California genera! pmrutem p. i 5. Witness nay Land and official seal. r . My casnmis.sinn expires: Nsr:uT PoM1lic ,. • SttT2 OF CALIFORNIA ) . ,..'i COUNTY OF )ass. „< The forcgdiag iusirumcrt was acknowledged before me this day cf J:!y, 1992 by CRAIG ROSE, •adividtui:p'i'.:i. Ii .'; aad as a partite:of BRITTON-ROSE CO.,a California general partnership. Minims my hand and official seal. My commission expires: Naar}'Public _ N061fA!.pEIA",c;. It OF C.A14,ORNJA ) �' pl> +y- ,;4 • COUNTY OPA.fi«/.o �� )xs' r eta 8:fbge The foregoing instrument was ackro•sied•••.d locf,re ::a this 77 daye•• - '� if : ' + ' of Juiy, I!)02:my L;�YO OS,., u1Fj: r. ': and as a pa-.tccr of 6R)TTUN-ROSE CO..a California g:r,;:>: pxm:::rs •p. Witness my hand a d official seal. _ err ) 1 r; , . hly commission cxppresx—jo 4 MS thine + . 'i -, N ary Public f% STATE OF GIUFOILNtA ) .j COUNTY OF )as. The foregoing instrument was ackrosd:tgar before me Tai, day of July, 1992 by BARBARA CO\4PTQN a • individually and as a partner of BRTITON-ItcriE CO., a California gc:s red oar:oar:Sip. - ,e Witness my hand and official seal. .. .i My commission expires: • ? • • .. .',i • AR2297263' -rya DEED • This Deed,made this In day of My,1992,by and bitwea BMITON-RoSIDO GIamYS IRE ROSE,Idiv1dea0y ad antenna petmr of BRFPION.ROSE CO,a Cedar= GLENN ROSE,IaeVidaaB*aid isa partner ofBRI7TON-ROSE 133,a California general partnership DEBRAH BURNAUC.B,akr DEBRA BUREAUS'',am DEBRAH ROSE,been*ad nem=of BRI'PION.ROSE CO.,a Califaota gmmaf partnership MILK litsmoN SHEPHERD,five hDBJJE BRI7TON,Iodridml , and as a primer of BRIT ON-ROSE CO,a Catania general fps WALTER WILLIAM BRITON,beide*ad as a partner of BRITIODLROBECO.,a California Ca<libsa general pammcsbip SAND!ASKEW,abaS general partnership VIRGINIA BAN�DRA A hafividually and as a puma of BRI'ofB ITTO co,S a individually BRITTONand as a ROdB CO., Ca� CO.,•Cabhlaaia general partnerships CRAIG ROSE,indrwdaal�r and s a parser of BBITInN-ROSE ,a 456aay general pasosership LLOYD ROSE,beide*and asa patter oBRITION.ROSE CO,a Caiforaia general partnership BARBARA COMMON,individually ad as a par=of BRIYfOb4ROSE O3,a Catania general pumGati¢ofthe fiat part,and O.D.PRESLEY and PRANK H.PRESLEY, of 718 Seventeenth Strat.Suite 808,Denver.Colorado Ma as tenants-in-common ad o the proportions of OD.PRESLEY 60%and WANK K PRESLEY 4a%r. ,of the tam=part WETNESSEIH:That said parties of the first part for ad in coaddaatia of the®of Thirty Eight Thousand and No Our Hundred Dollars(Sl$00000)to the said parties d the first part.i hand paid by the said parties of the second port the receipt whereof is hereby confessed and admoadodgd,has graaoed,bargained,said and mmeyd,ad by these puma do rent.Slain,see,matey and confirm,saes the said panics of the rend part,their heirs and assign forever,all the following desisted ha a parcel of lead situated ad being in Weld Coady,Colorado,to wit Tomlin 3 North.Rom 66 West.6th PK Sadao 3R SE/4 also mown s street ad umber mans lad. TOGETHER with all ad mg=the herd' easadappurtaaasteretobemrging,aiaaaya y appe , and the reversion ad reversion,remainder ad remainders,rats,issues ad profits*ace ad all the sate,sigS',lilt, interest,dais and demand whoop= d the said parry d the first part,either lit law a equity,af,in and m tins above bargained premises,with the hereditaments ad appar7maoon. TO RAVE AND 10 HOLD the said premiss above bargained ad descried,with the apponeranees,unto its said party of the second part,their heirs ad amigos faeva. And the mid panics of the first part,for thmaehes,stair heiq executors and administrators,do the rant,gram,bargain,ad ogee to and with the said parties of the second part,their hems anod follEYed,as of good.sore,perfect,absoh indefeasible estate of inheritance In taw,mpresents,they tine nfeesim d anthed pave eight, fall power ad lawful asaforesaiple,d,nod ad�dm sane avehaand dear from all baa pant,=gain Sea Ran, and encumbrames of whatever Mad or nature,except easements and restrictions of record ad taus for 1992,payable in 1993:and the above banana pets is the quiet ad peaceable possession of the mid parties of the second pan,their heirs and assign against al ad may person or persons lawfu%r dahnha or to claim the whole or any pat thaed, the said put= of the first pan shall aad will WARRANT AND FOREVER DEFEND. The dipolar number shall include the plural,the plural the singular,ad the me of any gear=shag be applicable to all genders This Deed maybe emoted in counterparts and all such counterparts together shall be darned to constitute one ad the same instrument. IN ass WHEREOF,the parties of the first pan bare hereunto en their hand and seal the day ad par firs above=la CO.,a a a'caxsa partnership �G/4i v�2120'��TTOM ' mbidually% / ROSE,G Parr partner of BRIflWALTER O-ROSE CQ, a and nnpartnership inrEvidnally YS ROSE iodai&aay�alla paltrier at B N•ROSE N' ads . a California partnership macaronis anent of GLENN ROSE, todisddnally ad as a partner of SANDS ASKEW,airs SANDRA a ASKEW,Individually BRETON-ROSE CO,a California general partnership ad as pastier ROSE CO,a Csliformai Do DEBRA"'BURNAUDH,am DEBRA BUR Gm DEBRAH ROSE, individually ad s a partner of individually ad ass partner oBRITIoN- BRETTON--ROSE CO,a C lifam general partnership ROSE CO,a California gwoadppartnership` 1�SHEPHERD, Q M.L.BBRITION, ass puma d individually and as a partner of BRIT ON-ROSE CO,a BRRTON•ROSE CO,a general partnership Cardona general partnership Saga,- / BARBARA. COMPION,L Ind$i a a pad=of BRTITON-ROSE CO,a California gam'partnership B 1344 RFC 02297263 07/27/92 14:39 $10.00 1/002 P 1963 NARY MN PEUERSTEIN CLFRF A RECORDER WELD CO, CO STTATE OF CALIFORNIA .• . N , COUNTY OF {ER �' lbo foregoing hewn=vma ado:w dged before me this ; day of My,1992 by GLADYS MIME ROSE,a. General Patna of BRITTON-ROSE CO.a(Worth general pumeahip. Witness my band and My oonm>isiao expires s CONK 4-81945' ibra,,,Pttli STATE OF CALIFORNIA P Nearer won caw P S"--' COUNTY OF KERN afbon is—a a%I The Megrim oft was admmOedged before me;Hs t day d Jay,2992 by GLADYS IRk1VE ROSE, indivichially Wimands a a�lad of BRIITON-ROSE CO.,a California g. partnership.My oo eaph� asuM~ E~w° E PAID %� I '910.42 COWL 11952945 s STATE OP p Nor n p COUNTY OF NI Z . . sa omw rm as a tss: The foregoing ioairomaot was admadedgod before me This day of JaIK 1992 by GLENN ROSE,Whale and as a partner of BRITTON. E Witness p had and officialCONK ISS2946 g y2-� g*-.• I L My commission' expires Novanu S Pubic A/' STATE OF CAIJPaRNIA I ) rbo�.�an.r.al oar COUNTY OF r:At )hr.- The foregoing instrument was acknowledged before me thin day of laiy,1992 by DEBRAH BURNAUGH,aka DEBRA BURNAUGH,aka DEBRAH ROSE,iaBvidoa0y and as a partner of BWITON-ROSE CO,a California general Witness my baud and fir" My coma wiresP �wu y� YY air A .C/Yln.a<- asaoame Puhhel� STATE OF M emw oa Ma pla: COUNTY OFCALgir )4.- The foregoing instrument was acknowledged before me this la day of July, 1992 by IOD-1JE BRTTTON SHEPHERD,BenKIBJJEBRTTTO CO,a California ng, partnership. Winos RAMIE official RAE E rant a tar-- i/ Ls�r WPMA bdy eDmm�00 S Oren® g � tore Pubic mat STATE OF CAI RNIA = s , wawa is ma aFsma COUNTY OF ,)Jaocd )a The foregniog internment was acknowledged beefae me rho day of July, 1992 by WALTER WILLIAM BRI TTON,individually and as a panda of BRITI'ON-ROSE CG,a general witness my had and official leak t My commission awes • comaE.IMSI y Pabr¢ •G STATE OF CALIFORNIA p WAXYtuarmp Notary COUNTY OF JA�r./ I ay Camrsaa mamae The ) insirmemt was acknowledged before me this At day of July, 1992 by VIRGINIA BRTTtON, individually and as a partner of BRITON-ROSE CD.,a Caifaaie general partnership. W official my resod and official ,11.4174:0 /A - My commission expires: S"a"'a"'°"a"wr'aMe"'a•:_ 11.41 tr 4:0— aes- STATE OF ) p -'' NNWroaena em P COUNTY OF teoa.. )Ss ; tbowmDaanatsm: The foregoing instrument was before me this_day of July,1992 bySANDI AS103W,aka SANDRA M.ASKEW,individually and as a patter of BRTITON-ROSE CO.,a California general partnership:"' Wanes my band and official sad. - Mycommi�o'expires: a - ARG i u ! t lA4,,,<. ". nt lc STATE OF ) P Ill NowrNEINOWN apP / ., COUNTY OP )4 *ft.bp is a tvm! The foregoing instrument wan acknowledged before me this yt f day of My,D92 by CRAIG ROSE,iodaidnaiy and a a partner of BRETON-ROSE CO,a Caifaaia pa hap, ' A Witnesmy hood�w ' v g. am„ • .6 �04.Gs. Y CALIFORNIA] ;,_4."1,i-'1; cuwa s Notary Tabor STATE OF P \--,� , ao armvIMA p COUNTY OF (Frit .. 4 rsaang ^� The foregoing instrument was admowledged before me this 1' day of July,1992 6y LLOYD ROSE,individually 'savanna .• a*Fonda aeamlp anashi . My commission Wass my hand and •f Z �? ak i n t!!��.. d. >2.7,._-_,_ P \,771.1� n a PNotary FS& STATE OF I *Cam r$an el ire j COUNTY OFF y£4. ✓ 'eae'e Jm The •ga%hismoment was acknowledged before me thisLe_day of July, 1992 by BARBARA COMPTON, individually and a a parma of ERTITON:KOSp CO stWornia general pmtaaship. Witness my hand add o u E espy t 6 l,/fji_ _ - _ My=minion 2 9529(6 s /� �1��+'r e URN C0MM P Notary Public I moan es on ZS SDI B 1344 REC 02297263 07/27/92 14:39 $10.00 2/002 - -- P 1964 MARY ANN PEUERSTEIN CLERK A RECORDER WELD CO, CO •. ._ • WARRANTY DEED AR2297860all .nits Deed,made this 1st day of July,1992, by and between BRITON-ROSE CO.,a California general parhxahip GLADYS IRENE ROSE,individually and as a partner of BRITTON-ROSE CO.,a California general partnership;GLENN ROSE,individually and as a partner of BRITTON-ROSE CO.,a California general partnership;DEBRAH BURNAUGH,aka DEBRA BURNAUGH,aka DEBRAH ROSE,individually and as a partner of BRITTON-ROSE CO.,a California general . partnership; KELLIE BRITTON SHEPHERD,Ilea KELLIE BRITTON,individually and as a partner of BRI7TON.ROSE • CO.,a California general partnership; WALTER WILLIAM BRITTON, individually and as a partner of BRtfON.ROSE CO., a California general partnership; VIRGINIA BRITTON, individually and as a partner of BRITTON-ROSE CO, a California general partnership;SANDI ASKEW,aka SANDRA M.ASKEW,individually and as a partner of BRITTON-ROSE .•I- CO., a California general partnership; CRAIG ROSE, individually and as a partner of BRITTON-ROSE CO.,a California ' general partnership;LLOYD ROSE,individually and as a partner of BRITTON-ROSE CO.,a California general partnership; . BARBARA COMPTON,individually and as a partner of BRITTON-ROSE CO.,a California general partnership;of the tarsi I' • part, and O.D. PRESLEY and FRANK H. PRESLEY, of 718 Seventeenth Street, Sake S03, Denver, Colorado S0202 as tenants-in-common and in the proportions of 0.D. PRESLEY 60%and FRANK li.PRESLEY 40%,of the second put; WITNESSETH: That said parties of the first part for and in consideration of the sum of Thirty Eight Thousand and No One Hundred Dollars ($33,00080) to the said parties of the first part,in hand paid by the said parties of the second part, the receipt whereof is hereby confessed and acknowledged, has granted, bargained,sold and conveyed,and by these presents do grant,bargain,sell,convey and confirm, unto the said panics of the second part, their heirs and assigns forever,all the. following described lot or pared of land situated and being in Weld County, Colorado, to wit: Townshin 3 North,Rani 64 West-tith P M ; . ;tti. Section 30: SE/4 also brown as street and number vacant land. e TOGETHER with all and singular the hcredit:meats 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 said party of the first part, either in law or equity, of, in and to the abovcr bargained premises,with the hereditantents and appurtenance. • TO HAVE AND TO HOLD the said premises above bargained and detailed,with the appurtenances, unto the said', party of the second part, their heirs and assigns forever. And the said parties of the first part,for themselves, their heirs,• secutors and administrators,do covenant,grant,bargain,and agree to and with the said parties of the second part,their heirs; 1I and assigns, that at the time of the caseating and delivery of these presents, they were well seized of the premiss above. j conveyed,as of good,sure,perfect,absolute and indefeasible estate of inheritance, in law,in fee simple,'and have good rigia,i I. • full power and lawful authority to grant,bargain,sell and convey the same in manner and form as aforesaid,and that the samc- are free and clear from all former and other grants,bargains,sales,liens,taxes,assessments and encumbrances of whitens kind; or nature,except easements and restrictions of record and taxes for 1992, payable in 1993; and the above bargained premises:. in the quiet and peaceable possession of the said parties of the second part,their heirs and assigns against all and every;erson or persons lawfully claiming or to claim the whole or any part thereof, the said parties of the feat part shall and will: -i • WARRANT AND FOREVER DEFEND. The singular number shall include the plural, the plural the singular,and the use of any gender shall be applicable to all genders. This Deed may be executed in counterparts and all such counterparts together shall be deemed to constitute one and' the same instrument. IN WITNESS WHEREOF, the parties of the first part have hereunto set their hand and seal the day and year first 6 above written. BRITTON-ROSE CO.,a California general partnership \\'ALTER WILLIAM BRITTON, individually and as a . . ny partner of BRITTON-ROSE CO., a California general; •. GLADYS IRENE ROSE, General Partner partnership GLADYS IRENE ROSE,individually and as a partner of VIRGINIA BRITTON, individually and as a panne of; ;',..,:••c„; BRITTON-ROSE CO.,a California general partnership BRITTON-ROSE CO.,a California general partnership GLENN ROSE, individually and as a partner of SANDI A.SKE11, aka SANDRA M.ASKEW,individually _ BRrrrON-ROSE CO.,a California general partnership and as a partner of BRITTON-ROSE CO, a California general partnership ;i.i. DEBRAH BURNAUGH,aka DEBRA BURNAUGI I,aka DEBRAH ROSE, individually and as a partner of CRAIG ROSE,individually and as a,partner of BRITTON-1• BRITON-ROSE CO.,a California general partnership .,a California general partnership KELLIE BRITTON SHEPHERD,Ika KELLIE BRITTON, LLOYD ROSE, individually and as a partner of individually and as a partner of BRITTON-ROSE CO.,a BRITTON-ROSE CO.,a California general partnership . California general partnership BARBARA COMPTON, individually and as a partner of .'f BRITTON-ROSE CO.,a California general partnership 8 1344 REC 0229?264 07/27/92 14:40 $10.00 1/002 P 1905 NARY ANN HBUBRSTEIN CLERKS RECORDER NEED CO, CO y, ,. � .. 8 1344 .. ., .2297264 07/27/92 14:40 $10.� 2/OOP' 1[:.;;';5r.:, ,P 1966 ANN FEQSRSTEIR CLERK to RECORDER IiELD co, .Co j II' .i:OF CALIFORNIA JUN f`Y OF )ss. Tito foregoing nd and was acknowledged lx:furC me this day of July, :})?by GLADYS JRPNL ROSL Witness my hand aaJ nf::ci:a rent. .:1,,.::, ;�;: My commission expires: ,N..,y: Notary Public• STATE OF CALIFORNIA ) '.'r., : COUNTY OF )fn.,. ," ;x..;.1'4.•: .The foregoing instrument was acknow'k:dged before ma :his day of July, 1992 by DEU!tAld BURNAUOI•Y,'iiica' 'F DLrtSRA BURNAUG11, aka DIiURAIM ROSE. — R•itncn my hand and ot!ici:a seal. s,;•SV:r.,.:.. My commission expires: Notary Public ;.(id 4 It.; SLATE OF CALIFORNIA COUNTY OF ss. ) The foregoing iaArunent w-us acknowlcdgcd before me this day of July,1992 by KELLIE BRITTON SHErlIERD, 11:a KCLLtE CRI•ITON, i:: Witness my band and official seal. • My commission expires: • Notary Fcb!ic STATE OF CALIFORNIA ) ' COUNTY OF • )us. Y . 1.1.:4:.,..;,: Teo foregoing inurement was acknowledged liziore:nc this day of July,1999?by WALTER WILLIAM Brt1STOti,^y:.�;ry Witness my hand and official u:a. • . • My commission expires: Notary Public STATE OF CALIFORNIA COUNTY OF )as nl - The foregoing instrument was acknow!edgcd bcferc mu this day of July, 1992 by SANDI?SKEW,aka SANDRtl {( At.ASKEW. ; i ,R,p; Witness my hand and official seal," _i: :gli,.; ?sty commission :spirts: . Notary Public ^ • STATE Of CALIFORNIA ) u K „ f OFRE COUNTY OF ninide' # . )ss• 4 i i COUNTYR ct- Nyeom.e tsFeh463rr ,1 X The:oregoirg instrument was e zowlu!gad I:.ors me this AI d .A....,., ,. j } witness my hind and official seal. 1A 1r �e 6 f95s f :C � °��i�t e�o,� My commission capital: 6 �J Notary Publ' , .1..:?,, STATE.OF CAUFOIZNL\ .: COUNTY OF )as, The foregoing iratrumant was acknowledged Inffre me this day of July, 1992 by BARBARA COM ON.: ' .,,i' "�'`,. . . Witness my hand and official soul. •— ,, '..1. My commission expires: • • •V 4 Net''Y Public • ..E.�:. STASEOFCALIFORNIA ) COUNTY or ; ,;• The iorcgning„ctru,ncnt was ariam'aicd,! b:icue:c::his day nt J:::y, !di: by CRAIG ROSE. 'i. , Witness my nand and official seal. My commission cxpires: „• ,L''. Notary Public : i • • Warranty Deed THIS DEED is a conveyance of the real property described below, including any improvements and other appurtenances(the •property')from the individual(s),corporation(s),partnersbip(s),or other entiry(ies)named below as GRANTOR to the individual(S) or entity(ies)named below as GRANTEE. The GRANTOR hereby sells and conveys the property to the GRANTEE and the GRANTOR warrants the tide to the property,except for(1)the lien of the general property taxes for the year of this deed,which the GRANTEE will pay(2)any easements and rights-of- way shown of record(3)any patent reservations and exceptions (4)any outstanding mineral interests shown of record(5)any protective covenants and restrictions shown of record(6)any additional matters shown below under'Additional Warranty Exceptions', and(7)subject to building and zoning regulations. D.F. $5.50 The Specific Terns of This Deed An: Grantor: (Give name(s)and place(s)of residence;if the spouse of the owner-gaaor is joining in this Deed to release hoe:ad rifles,Identify Grantors as bmbod mid wife.) O. D.PRESLEY AS TO AN UNDIVIDED 60%INTEREST, AND FRANK H.PRESLEY AS TO AN UNDIVIDED 40%INTEREST Grano: (Give eme(a)and addrea(m);gateman of addrns,6ehtliog available road or oars anmber.) RUBEN ANCHONDO AND RUBEN ENRIQUEZ AND RUBY ANCHONDO 2503012 B-1558 P-646 07/29/96 12:50P PG 1 OF 1 RRC DOC Weld County CO JA Buki Teukaeoto Clerk & Recorder 6.00 5.50 Form of Co-Ownership Of there are two or more grantees named,they will be considered to take as cows in common udus the words 9n jolty tansy a worm of the tam roaming we added m the spat below.) JOINT TENANTS Property Description Occlude aunty a W dune.) THE SOUTH 1/2 OF THE SOUTHEAST 1/4 OF SECTION 30,TOWNSHIP 3 NORTH,RANGE 65 WEST OF THE 6TH P.M.,WELD COUNTY,COLORADO. Property Address: VACANT CO Caddentior: (The statement ors dollar man is optional,adequate eons inane for this deed will be presumd unim this conveyance he Walled FIFTY FIVE THOUSAND AND 0/1000 s Same.find sad wcoadmovd) Rexmtlon-Ratrldlone: (If the GratrictingRANTOR fonds to leave w.in�nrrett�In the property make p!t or to convey ten than u owned,or if the GRANTOR h "EXCEPT,RESERVING ANY AND ALL de R IL GAS is theAND OTHER MINERALS Mention.IN AND UNDER AND THAT S AT ALL TIMESY BE FORCED FROM SAID LAND THE PURPOSEF MININGGDRILLING ANETHER WITH D THE RIGHT SAID LAND FOR OIL,GAS AND OTHER MINERALS AND STORING ANb REMOVING THE SAME THERE FROM." Additional Wormy Exceptions: Padude deeds or mast being assumed sad other nurses ea covered above.) Executed by the Grantor on JULY 26, 1996 Srgoataee for Corporation,Paflmddp or AssodWon:: for IMlvwualla): Name of Grantor: Corporation,Pan enhip or Association 0.D.PRESLEY Grantor By Grantor By FRANK H.PRESLEY Grantor Attest: STATE OF COLORADO COUNTY OF WELD era' -:1 7atM fbrego(og instrument was acknowledged before me this 26th day of JULY,1996 V Q .PRESLEY AS TO AN UNDIVIDED 60%INTEREST, O ,'.. • AND f7 M N PRESLEY AS TO AN UNDIVIDED 40%INTEREST k• rnt,timd and official seal. , \DSO.A�f� f'U , no expires: MAY 28,1997 � NotarfPu STATE DP 1221 8TH AVENUE, GREED• 80631 ) a..e TV OF n. t/)the foregoing instrument was acknowledged before me this day of By (•name Individual Grentort)or if Grantor is Corporation,Partnership or Annotation.that identify signers as president or vice president and secretary or assistant secretary of corporation;or as permer(s)of partnership;or as authorized members)of association.) WITNESS my hand and official seal. My coasrWlon spin: Notary Public C 1981 UPDATE LEGAL FORMS WCTC No.2014. i • 111111 1111 IIIII IIIIII IIII IIIIII1 IIIII III1111IIII IIII — Book Page 3196091 07/06/2004 03:52P Weld County,CO tJyRecorder 1 of 1 R 6.00 D 0.00 Steve Moreno Clerk&Recorder Quit Claim Deed i the THlS DEED Is a individual(s)or ntity(iee)eyance tom the n named bedlow7•tl ssl(s),corporation(e)or GRANTEE of whatever other nterest the GRANTORes)named Iow as GRANTOR to may have In the real 1" property described below. O2 The GRANTOR hereby sells and quit claims to the GRANTEE the real property described below with all Its V appurtenances. The speed lc terms of this deed are: Grantor: to...a.w.t as a...0)a raw....xw.ww.a owo.n.,.n.ma erow.o ew.o.amaia..M us.d'add.w•ardiode,••• F.ebaod and wig) Ruben Enriquez Ruben Anchondo Ruby Anchondo Grantee: la..naxW and elan.(.),carnal a media..bolding wdale Fowl a a.a naai....,arid t Andrew R. Ortega Form of Co-Ownership: a,eaa....adw.waa dimmed.IMO vol h.aaaaad b lobs Inds a(*d...sold II*dorm Mjwlw i,Mya ...is a on.die domino ao added In the.pr Mb.) Property Description: naia.aeay as dos) The South 1/2 of the Southeast 1/4 of Section 30, Township o shi North. Range 65 West of the 6th P.M., Weld County, do Property Address: Vacant Land Reservations-Restrictions: (Ns.Grtwror woods b wear.WY M.e.l.the 9.9.94.1•99999 w.Tenn an."P's (IIwNTa1 a FwdaEy dm GRANTEE'S ONe In to ProMdp.Fah.awFepab Modica) 8 Executed by the Granla on July / /t4/2004 Wales* ua is Clause .mlb): •. signora.Clause las Capaala.PalnaWp at Aueddbn: F n on Nome or Grantor CaFpaotbn Porinwaypa AshocWtbn en c ono anal BY BY u nc on Grads Attest; STATE OF COLORADO --3 ss COUNTY OFn.dF� 'f;0.Y `•`.�<i awe July / .A/2004 ,, _J m.laFapmlwr. . k i° �.RT,.bar' t1` }t and R1A6 l�r\chon4o 0 se Ruben Ens gu,e_2 vk MARIA ; e ( yVeA(11(1-- COPt _ o" hip dm�b�'n..w•`� fUr 1 s LDEZ.•O �i/1 t Wore COTE OF 9v OF btu' 0' COUNTY OF •' � rasa Foe MI thy el .19 IM lapaegeTbnaFJwadvaamdaed K (U ('nano hdoldool Gra torts)et II Gdolorls waatay of copadlat•rt a darner(*)a a macaw!.mmeTaal a aaebea.Tan Many ewes a Weldon'Cl ac.awaT and.aaeluy a al wnNES3 my tone and official seal. My canmaaan sepses: Nobs ruble ► • III 11111111111i 111111111111 III 1111111(111111111111111!1111 3199214 07115/2004 03:36P Weld County,CO 1 of 1 R 6.00 O 1,35 Steve Moreno Clerk II Recorder 0 WARRANTY DEED THIS DEED, Made this 13th day of July , 2004, between AndrewikOrtega 05 c oldie County of Weld and State of Colorado \){7t- grantor,and Western Equipment a, Truck, Inc., a Colorado corporation and Gary N. Degge i.l b-o 51A-Qy whose legal alarms is 2.055 lot Avenue, Greeley, CO 80631 of the County of Weld soul State of Colorado ,grantee: WITNESSET H.That the grantor,fur and in amsidetation of the aim of THIRTEEN THOUSAND FIVE HUNDRED AND NO 100 -DOLLARS,($13,500.00 ), the receipt and suffttiency of which is hereby acbsowledged,has granted,bargained,sold and conveyed.and by these presents does}inua,bargain,sell,convey and amtirrn,unto the grantee.his heirs and assigns forever.all the real property together with improvements.if any.situate.lying and being in the County of Weld ,and State of C'olorudo, akscnted as follows: The South Half of the Southeast Quarter of Section 30, Township 30 North, Range f;5 West of the 6th P.M•, County of Weld, State of Colorado also known by street and number as Vacant Land, Greeley, CO 80631 TOGETHER with all anal singular the hereditaments and appurtenances thereunto belonging.or in anywise appertaining.and the reversion and reversions.remainder and remainders.rents,issues and;maths thereof.and all tic 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 herealrtantents and appurtenances. TO 1{AYE AND TO HOLD the said premises above bargained and den:nb ed.with the appurtenances.unto the grantee,his heirs and assigns folcver. And the grantor,rot himself,his heirs and personal representatives.does covenant,grunt.tergain and agree to and with the grantee,his heirs and assigns.that at the titre of Ike caseating and delivery of these presents,he is well seized of We premises shove conveyed.has good,sure.perfect,absolute and indefeasible estate of inheritance.in law.in lee simple.and has goad tight,full power and lawful authority to grant,bargain,sell and ecnvey the sane in manner and form as aforesaid,and that the same are free and clear froar,all formSer and other grunts,bargains.salts,liens,macs,assessments, encumbrances and restrictions of whatever kind or nature eiever.except Tarr tuts ler the current year,a lien but not yet due and payable.and those specific Exceptions described by reference to recorded documents as reflected In the Hale Documents accepted by Buyer in accordance with section 8a ITide Review],of the contract dated July 61 2004 ,between the parties. The grantor shall and will WARRANT AND FORE`FA DEFEND to above-trapytined premises in the quiet and peaceable pwact- tion of the parolee,his heirs and assigns,against an and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the Matra,Use plain the bin5ul:u••and the use of any sender shall ter:applicable to all genders. 1N WT'Li W HE}p8O ,the or has executed this drat on the date set forth above.l �lf r AndrewkOrtoga STATI3OF COLORADO ) lm. COUNTYOF WELD t The romping instrument was acknowl this 13th day of July , 2004 by Andrew/Ortega �N`t.!.-8.5'4 : nOTAR Z Nly Commission expires: Au is r 9, 2007 l Wimess my hand and official seal. .PU8L1C;gY Notary Public Kelly L. Belden WARRANTY PEED star Yhologr spur Rwred)s Fle a uuuiea31Anr • • 108 IIINEIINI�NI�NNNE�INIIII(�11111�11N�11rill I IIIIII IIII!IIIII IIIIIII j IIII IIIIIII III IIIII1111 IIII 3199214 07/16/2004 03:36P Weld County,CO 3208708 08/14/200{ 03.48P Weld County,CO 1 of 1 R 6.00 D 1.35 Steve Moreno Clerk&Recorder 1 of 1 R 6.00 D 0.00 Steve Moreno Clerk&Recorder .11 WARRANTY DEED THIS DEED, Made this 13th day of July , 2004, between Andrew Ortega (3S of the County of Weld and Slate of Colorado 'O L to` grantor,and Western Equipment & Truck, Inc., a !^ nno�nn Colorado corporation and Gary M. Degge (A bare]xL/�1//��==''4W'-/ whose legal address is 2055 let Avenue, Greeley, CO 80631 of the County of Weld and State of Colorado ,grantee: WITNESSETH,That the grantor,for and in consideration of the sum of THIRTEEN THOUSAND FIVE HUNDRED AND NO/100 DOLLARS,($13,500.00 ), the receipt and sufficiency of which is hereby acknowledged,has granted bargained,sold and conveyed,and by these presents does grant,bargain,sell,convey and confirm unto the grantee,his heirs and assigns forever,all the real property together with improvements,if any,situate,lying and being in the County of Weld ,and State of Colorado, described as follows: The South Half of the Southeast Quarter of Section 30, Township 3/1/North, Range 65 West of the 6th P.M., County of Weld, State of Colorado n,$V ir RERECORDED TO CORRECT LEGAL DESCRIPTION also known by street and number as Vacant Land, Greeley, CO 80631 TOGETHER with all and singular the hereditaments said appurtenances thereunto belonging,or in anywise appertaining,and the reversion and reversions,remainder and ranaindens,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 hereditameots and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described,with the appurtenances,unto the grantee,his heirs and assign forever. And the grantor,for himself,his heirs and personal representatives,does covenant,grant bargain and agee to and with the grantee,his heirs and assigns,that at the time of the caseating and delivery of these presents,he is well seized of the premises above conveyed, has good sure,perfect absolute and indefeasible estate of inheritance, in law, in fee simple.and has good right,full power and lawful authority to giant,bargain,sell and convey the same in roamer and farm as aforesaid,and that the same are free and clear from all former and other grants,bargains,sales,liens,taxes,assessments, encumbrances and restrictions of whatever kind or nature soever,except for taxes for the current year,a lien but not yet due and payable,and those specific Exceptions described by reference to recorded documents as reflected in the Title Documents accepted by Buyer in accordance with section lie Tilde Review],of the contract dated July 6, 2004 between the parties. The grantor shall and will WARRANT AND FOREVER DEFEND the above-bargainedpremises in the quiet and peaceable posses- sion of the grantee,his heirs and assigns,against all and every person or persons lawfully claiming the whole or any part thereof, The singular number shall include the plural,the plural the singular,and the use of any gender shall be applicable to all genders. IN WI�IE$5 W<iEEFA79n�bas executed this deed on the date set forth above. (//�/��1/E l(//e///y AndrewwOrtega STATE OF COLORADO ass, COUNTY OF WELD ) The foregoing instrument wsacknow .: this 13th day of July , 2004 by Andrewt Ortega ,./' 4 ...BF(O...... 0: • to #i 2tOTAirk\i, My Conunission expires: Au• st: 9, 2007 Wises my hand and official seal.fr‘9.,PIfBLIC•;g; Notary Public s4. ......• Kelly L. Belden WARRANTY DEED(for rxnagraphic Record) `:`'-- " Flea U050631A04 1 111111 11111 11111 111111111111 IIII 111111 III 1111111 VIII 326 3389326 05/19/2006 11:07A Weld County, CO 1 of 1 R 6.00 D 8.00 Steve Moreno Clerk& Recorder • PERSONAL REPRESENTATIVE'S DEED (Sale) THIS DEED is dated May 2006 and is made between Mildred J. Degge,the"Grantor,"as Personal Representative of the estate of Gary M Degge who was also known as Mike Degge and Gary Michael Degge,deceased, and Marcum Midstream 1995-2 Business Trust(whether one,or more than one), the"Grantee,"whose legal address is 30'1 Fast l7d'Suite 660.Denver CO 80f03of the County of Qenver -J State of Colorado . WHEREAS,the decedent died on the date of December 24,2004 and Grantor was duly appointed Personal Representative of said estate by the District Court In and for the County of Weld,State of Colorado,Probate No.05 PR 32, on the date of January 31,2005,and is now qualified and acting in said capacity. NOW THEREFORE,pursuant to the powers conferred upon Grantor by the Colorado Probate Code,Grantor does hereby sell and convey unto Grantee for and in consideration of Eighty Thousand Dollars and no/cents ($80.000.00),the following described real property situate in the County of Weld,State of Colorado: The Grantor's undivided one-half interest in and to: The S'h of the SE 1/4 of Section 30,Township 3 North,Range 65 West of the 6'"P.M.,County of Weld,State of Colorado • also known by street address as: and assessor's schedule or parcel number:R6806796 With all appurtenances. IN WITNESS WIiEREOF,the Grantor has executed this deed on the date set forth above. q , Mildred J.Degge L I Personal Representative of the estate of Gary M.Degge who was also known as Mike Degge and Gary Michael Degge STATE OF COLORADO )ss. County of Weld ) The foregoing instrument was acknowledged before me this. ' 'day of May.2006,by Mildrad3�;Ikgge as Personal Representative of the estate of Gary M.Rogge who was also known as Mike Degge and Gary Michael Degge, Deceased. • �n i'a tP i C. Witness my hand and official seal My cowmission expires: ///q 3/ n <r C y L Notary 'c ` Name and Address of,Persod Creating Newly Created Legal Description(§38-35-106.5,C ILS.) 'Strike as required STEWA,RT TIT'_E Pet C-° t CO c • 0 327IIIIIIII11IIIIIIIIIIIIIMEIIIII IIIIII III I1111ItIIII r89327 05/19/2008 11:07A Weld Count, CO of 2 R 11.00 0 8.00 Steve Moreno Clerk& Recorder WHEN RECORDED RETURN TO: Name: Marcum Midstream 1995-2 Business Trust Address: 303 E. 17`s, Suite 660 Denver, CO 80203 WARRANTY DEED THIS DEED,made this 15th day of May, 2006, between Western Equipment&Truck Inc., a Colorado Corporation Gary M. Degge, Deceased a corporation duly organized and existing under and by virtue of the laws of the State of Colorado,grantor, and Marcum Midstream ::995-2 • Business Trust whose legal address is 303 E 17th, Suite 660, Denver,CO 80203, grantee: WITNESSETII, that the grantor, for and in consideration of the sum of$80,000.00, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the grantee, his heirs and assigns forever, all the real property, together with improvements, if any, situate, lying and being in the said County of Weld and State of Colorado described as follows: The S1/2 of the SE1/4 of Section 30, Township 3 North,Range 65 West of the 6th P.M., County of Weld, State of Colorado. also known by street and number as: Vacant Land , CO 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 itself, and its successors, 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, fullpower and lawful authority to bargain,gh > grant, Bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from Flle Number: 20060435-C-2-AMENDED TO CHANGE BUYER,SEE REQUIREMENTS Stewart Title of Colorado Warranty Deed(Corporation) Page 1 of 3 STEWART TI`t LE o�- At a (IQ r ... ..�...w•wwr.rii«nrrw.a�s.. .Ywr..... ..-....,. • • 1111111111111111111111111111 1111 111111 III 11111 11111111 3389327 05/19/2006 11:07A Weld County, CO 2 of 2 R 11.00 0 8.00 Steve Moreno Clerk& Recorder all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, except General taxes for the year 2006 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 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 tc 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 AM) FOREVER DEFEND the above-bargained premises in the quiet and peacable possession of the grantee, his heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural, the plural the singular,and the use of any gender shall be applicable to all • genders. IN WITNESS WHEREOF, the grantor has caused its corporate name to be hereunto subscribed by its President, and its corporate seal to be hereunto affixed, attested by its Secretary, the day and year first above written. Western Equipment&Truck Inc., a Colorado Corporation By C 'MierPnff /Jftf Craig Sp w Preside STATE OF Colorado COUNTY OF Weld The foregoing instrument was acknowledged before me this 15th day of May, 2006,by Craig Sparrow, President for Western Equipment&Truck Inc., My commission expires 12-23-06. Witness my hand and official seal. rr ; ,1 Notary blic: Sonja C. 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