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" . . . . . " . . . - (— 7 — O - I ,lrOoc - o,ac 1 LJ. .•w Y:u tsT�y. - .o _ Pi a � [ PJxOISL___'F__s['uoc _ - _ oo.- �" 3°� �Rj,\ 3.80,90.OON. .0Y'0SCI 3,e0,90.00N .<[wL[ 4.6 0.90.005 O wig" 3.00.90.00N 'I ;- Mil eM0 tsar:e+x n sue) FFFFE —8• 5$yN[ a/l 3S ld =sa I 8 a EP 'S�:m Ee 6 aOs ot • DEPARTMENT OF PLANNING SERVICES RECORDED EXEMPTION ADMINISTRATIVE REVIEW COLORADO Applicant: Weld 152 LLC AMRE-723 Planner: C. Gathman Legal Description: Lot B RE-723; Part NW4 of Section 10, T6N, R67W of the 6th P.M., Weld County, CO. Parcel ID#: 0807 10 000050 Lot A Size: Not Applicable Lot B Size: Before: +/- 156 acres After: +/- 155 acres Lot C Size: Not Applicable Lot D Size: Not Applicable Water Source: North Weld County Water Sewer System: Septic District Criteria Checklist Yes No X 1. Conforms with Chapter 22 of the Weld County Code and any adopted municipal plan. X 2. Compatible with the existing surrounding land uses. X 3. Consistent with the intent of the zone district. X 4. Consistent with efficient and orderly development. X 5. Complies with Recorded Exemption standards in Section 24-8-40 of the Weld County Code. X 6. Provides for adequate protection of the health, safety, and welfare of the inhabitants of the neighborhood and the County. Approved with Conditions The Weld County Department of Planning Services has determined through an administrative review that the standards of Section 24-8-40 of the Weld County Code have been met. This Recorded Exemption is approved with the following conditions in accordance with information submitted in the application and the policies of Weld County. ?cob-3537 • • 1. A Weld County septic permit is required for any proposed home. The septic system shall be installed according to the Weld County Individual Sewage Disposal System (I.S.D.S.) regulations. 2. Prior to recording the plat: A. The plat shall be titled: Amended Recorded Exemption No. 0807-10-02 AMRE-723 B. Lot B shall use the existing residential / agricultural / oil and gas / ditch road access points necessary for agricultural operations as no additional accesses shall be granted. C. All approved accesses shall be clearly shown on the plat. D. County Road 19 is designated on the Weld County Road Classification Plan as a major arterial road, which requires 140 feet of right-of-way at full build out. There is presently 60 feet of right-of-way. A note shall be placed on the plat that shall read "setbacks will be measured beginning 70-feet from centerline of current Right-of-Way for Weld County Road 53 which will reflect the future right of way." The future right-of-way (70-feet from centerline of County Road 19) shall also be indicated on the plat with a hatched line. This road is maintained by Weld County. E. The statement "60' right-of-way easement" as indicated on the north property line shall be revised to read "60' right-of-way". F. The applicant shall attempt to address the requirements (concerns) of the Town of Windsor, as stated in the referral response dated April 14, 2006. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. G. The applicant shall provide the Weld County Department of Planning Services with a Statement of Taxes from the Weld County Treasurer showing no delinquent taxes exist for the original parcel. H. The following notes shall be placed on the plat: 1) All proposed or existing structures will or do meet the minimum setback and offset requirements for the zone district in which the property is located. Pursuant to the definition of setback in the Weld County Code, the required setback is measured from the future right-of-way line. No building or structure as defined and limited to those occupancies listed as Groups A, B, E, F,H, I, M and R in Section 302.1 of the 2003 International Building Code, shall be constructed within a 200-foot radius of any tank battery or within a 150-foot radius of any wellhead. Any construction within a 200-foot radius of any tank battery or 150-foot radius of any wellhead shall require a variance from the terms of the Section 23-3-10 of the Weld County Code. 2) Any future structures or uses on site must obtain the appropriate zoning and building perm its. 3) 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 Amended Recorded Exemption number. • • 4) Prior to the release of building permits, the applicant shall submit evidence to the Department of Planning Services that Lot B has an adequate water supply of sufficient quality, quantity and dependability. 5) Should noxious weeds exist on the property or become established as a result of the proposed development the applicant/landowner shall be responsible for controlling the noxious weeds, pursuant to Chapter 15, Articles I and II of the Weld County Code. 6) Recorded Exemptions on adjacent properties may raise the issue of compliance with the intent of the Recorded Exemption Process. Approval of this Recorded Exemption does not guarantee approval of future applications on adjacent properties. 7) 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 29-3-20.6.13 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. 8) 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) 9) 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) 10) Prior to the release of building permits on Lot B, the Lot owner shall verify with the nearest Town/City or Sanitation District to determine the location of the nearest sanitary sewer line. In accordance with the Weld County Code, if a sewer line exists within four hundred (400) feet of the property line and the sewer provider is willing to serve the proposed structure, a septic permit cannot be granted by the Weld County Department of Public Health and Environment. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. 11) In the event Weld County or any other governmental authority exercises its right to expand County Road 19 into the rights-of-way noted on this Recorded Exemption and such expansion requires the demolition, destruction, alteration, or taking of any improvements existing on the subject property as of the date this Recorded Exemption is recorded, the owner of the subject property shall be entitled to just compensation as determined in an eminent domain proceeding for such property and its improvements. This requirement shall be binding upon the parties regardless of the legal effect of whether the subject rights-of-way are "reserved" or"dedicated". 12) 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 I . • • which attract urban dwellers to rural Weld County would quickly be gone forever. Agricultural users of the land should not be expected to change their long-established agricultural practices to accommodate the intrusions of urban users into a rural area. Well run agricultural activities will generate off-site impacts, including noise from tractors and equipment; slow-moving farm vehicles on rural roads; dust from animal pens, field work, harvest, and gravel roads; odor from animal confinement, silage, and manure; smoke from ditch burning; flies and mosquitoes; and the use of pesticides and fertilizers in the fields, including the use of aerial spraying. Ditches and reservoirs cannot simply be moved out of the way of residential development without threatening the efficient delivery of irrigation to fields which is essential to farm production. Section 35-3.5-102, C. R. S., provides that an agricultural operation shall not be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs methods or practices that are commonly or reasonably associated with agricultural production. Weld County covers a land area of over 4,000 square miles in size (twice the State of Delaware) with more than 3,700 miles of state and County roads outside of municipalities. The sheer magnitude of the area to be served stretches available resources. Law enforcement is based on responses to complaints more than on patrols of the county and the distances which must be traveled may delay all emergency responses, including law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must leave their jobs and families to respond to emergencies. County gravel roads, no matter how often they are bladed, will not provide the same kind of surface expected from a paved road. Snow removal priorities mean that roads from subdivisions to arterials may not be cleared for several days after a major snowstorm. Snow removal for roads within subdivisions are of the lowest priority for public works or may be the private responsibility of the homeowners. Services in rural areas, in many cases, will not be equivalent to municipal services. Rural dwellers must, by necessity, be more self-sufficient than urban dwellers. Children are exposed to different hazards in the county than in an urban or suburban setting. Farm equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center pivot operations, high speed traffic, sand burs, puncture vines, territorial farm dogs, and livestock present real threats to children. Controlling children's activities is important, not only for their safety, but also for the protection of the farmer's livelihood. Parents are responsible for their children. 3. This Recorded Exemption was approved to bring an illegal parcel into compliance with the State of Colorado and Weld County's minimum lot size requirements. 4. The applicant shall submit two (2) paper copies of the plat for preliminary approval to the Weld County Department of Planning Services. Upon approval of the paper copies the applicant shall submit a Mylar plat along with all other documentation required as conditions of approval. The Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder by Department of Planning Services' Staff. The plat shall be prepared in accordance with the requirements of Section 24-8-60 of the Weld County Code. The Mylar plat and additional requirements shall be submitted within sixty (60) days from the date the Administrative Review was signed. The applicant shall be responsible for paying the recording fee. 5. In accordance with Weld County Code Ordinance 2005-7 approved June 1, 2005, should the plat not be recorded within the required sixty (60) days from the date the Administrative Review was signed a $50.00 recording continuance charge shall added for each additional 3 month period. 6. The Department of Planning Services respectfully requests the surveyor provide a digital copy of this Recorded Exemption. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles, Arclnfo Coverages and Arclnfo Export files format type is .e00. The preferred format for Images is .tif (Group 4). (Group 6 is not acceptable). This digital file may be sent to mapsco.weld.co.us. 7. The Weld County Department of Planning Staff's approval of this Recorded Exemption Application is based on satisfying the Conditions of Approval. Should an applicant be unwilling or unable to meet any one of these conditions within 60 days of approval, then this case will be forwarded to the Weld County Board of County Commissioners with a staff recommendation for denial. 4 By U kO i.ruaA--_ Date May 3, 2006 Chris Gathman ❖ Planner II -AICP Page 1 of 1 0 0 Chris Gathman From: Chris Gathman Sent: Wednesday, June 07, 2006 2:31 PM To: 'brianb@kingsurveyors.com' Subject: AMRE-723 &AMSE-229 Brian, I reviewed these plats and have the following corrections: AMR -723 • Remove reception #s pertaining to the two existing parcels on the RE site and relable the lot as "AMSE-229". Vegal Description should refer to only Lot B of RE-723. (Lot A is not being amended). Vign ature Block language should be consistent with language outlined under Appendix 24-F of the Weld —ounty Code. AMSE-229 tA The reception #s for both parcels (along with the boundary between reception #s 2700860 & 01991900) sho not be shown on the plat. The parcel should be labeled as AMSE-229. Signature Block language consistent with Section 24-F of the Weld County Code. 3 If you are showing CR 72 on the plat. I would make it consistent with the AMRE-723 plat (to eliminate any inconsistancies & confusion between the plats). * Finally, you are not required to show easements on the plat (except for road rights-of-way...and access easements used to access the lots in question). Unless specifically required by state surveying requirements (CRS) and Professional Surveying requirements. (See Section 24-4-60 of the Weld County Code). The applicant has two conditions pending on this prior to recording. (Updated certificate of taxes & a letter "attempting"to address the requirements/comments of the Town of Windsor as outlined in the Town of Windsor's referral). If you have any questions feel free to let me know. Sincerely, Chris Gathman 06/15/2006 a?cc6-55-37 AMA - 7 -3 Plat Checklist POC Planner Item Comments Check Check Proper size and material 24" x 36" or 18" x 24"/Minimum 3 millimeter polyester sheet Lettering No stick-on lettering i Minimum 8 pt. lettering ri - �� Boundaries of Lots —1''��°'} 5 �'' �� al„",„� 7 7�_ „1 Scale Suitable Scale? (1"=200' or 1"=100') 4 ° woe_ Accesses indicated Shared Access? If so, is easement Certificate included? (4/- 5E. Roads labeled, including '/ Mg R.O.W V it Building Envelope(s) N /A 5 Vicinity Map Suitable Scale? (Minimum 1"=2000') 1.,/.." of K! loi— North Arrow >ta` � Legal Description � ,,_ Notes from Planner/ • I o I'// ' Development Standards Iof It Conditions of Approval — 0. "r\\1 i Oc- 7-7-0....XC S— \ `\ 7 e ( C \nom_ 1i_ h¢° Owner's Certificate Notarial Certificate included?All owners must sign the plat, / check the deed. 1/ Surveyor's Certificate and All surveyed plats liZe 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) phi Certificate Board Certificate (USR, COZ„ Minor Sub Final) /(J /1 (Final PUD,RE, SE &ZPMH if Board approved) Imo+ J A Typical Road Cross Section (COZ,Final Minor Sub. and Final PUD) 0/ Easements t... ..��^^^((( Please return the plat to the CAD Technician within 24 hours of receiving the plat. rOa'1 l ?--e-o w"k Planner on Call: (Initials) 02-10(o - ` Planner Signature_ Date: DEPARTMENT OF PLANNING SERVICES 918 10th Street GREELEY, COLORADO 80631 IwEBSITE: www.co.weld.co.us• E-MAIL: cgathman@co.weld.co.us O PHONE (970) 353-6100, EXT. 3540 FAX (970) 304-6498 COLORADO May 5, 2006 MAY • y Weld 152, LLC • do King Surveyors Inc. (Brian Brinkman) 650 Garden Drive Windsor, CO 80550 Subject:Amended Recorded Exemption (AMRE-723) Dear Mr. Brinkman: The Department of Planning Services' has reviewed your application and related materials for compliancy with the Weld County Code. We find that your proposed Subdivision 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. 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 shall added for each additional 3 month period. If you need any further information, please feel free to contact me at the above address, telephone number or e-mail address. Sincerely, aci,tak Chris Gathman Planner II -AICP DEPARTMENT OF PLANNING SERVICES a NORTH OFFICE 4 918 10 Street GREELEY, O 83541631 PHONE: (970) 353-61010 0, Ex t. 3540 FAX: (970) 304-6498 COLORADO March 21, 2006 Weld 152 LLC do King Surveyors 650 Garden Drive Windsor CO 80550 Subject: AmRE-723 -A Recorded Exemption located on a parcel of land described as Lot B of RE-723; Pt NW4 of Section 10, T6N, R67W 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. It is the policy of Weld County to refer an application of this nature to any town or municipality lying within three miles of the property in question or if the property under consideration is located within the comprehensive planning area of a town or municipality. Therefore,our office has forwarded a copy of the submitted materials to the Severance and Windsor Planning Commission for their review and comments. It is recommended that you and/or a representative be in attendance at the Severance and Windsor Planning Commission meeting to answer any questions the Commission members may have with respect to your application. Please call Severance at 970-686-1218 and Windsor at 970-686-7476, for further details regarding the date, time, and place of this meeting. If you have any questions concerning this matter, please call me. Sincerely, gcA0 sgojko___, Chris Gathman Planner C) WELD COUNTY, COLORADO DEPARTMENT OF PLANNING SERVICES 918 10T"STREET GREELEY,CO 80631 PHONE:970-353-6100, EXT.3540/FAX:970-304-6498 Date Kid, I LI1 20 :J Co ++ Receipt No. NI::_. 13286 Received From: h c45u f ('s w Q L L C— Permit Type No. Description Fee 4221. S t AMfEs `` 3(aO.CX� viC Aporvhw. 4221-ZPM H 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. bo ❑CASH *HECK NO. 'ZITS TOTAL FEE ReceiptedBy „:\C-J .l DL# !`1J _DL Exp. WIWi�Pc APPLICATION FLOW SHEET . COLORADO APPLICANT: Weld 152, LLC CASE #: AMRE-723 REQUEST: Amend Lot B of Recorded Exemption 723 LEGAL: Lot B RE-723; Part NW4 10-6-67 LOCATION: East of and adjacent to CR 19; and 1/2 mile north of CR 70 PARCEL ID #: 0807 10 000050 ACRES: +/- 156 acres Date By Application Received 3/14/06 Application Completed 3/16/06 Referrals listed 3/21/06 CG Vicinity map prepared File assembled " 'Zi /ac CPC) Case logged in computer Letter to applicant mailed Referrals mailed Field check by DPS staff ^ _- 3/2� G V %-E-2Z9 Ac rritR) Administrative Review decision: re(pi) j OCr, 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 Overlay Districts Zoning Agricultural MUD Yes No_X_ IGA Yes No_X_ v,)/ SC -`1 — z Airport Yes No_X_ t Geologic Yes No_X_ (spsL Tlt t ^G Flood Hazard Yes No_X_ Panel#080266 Road Impact •L \ _ ?E. . RECORDED EXEMPTION (RE) APPLICATION FOR PLANNING DEPARTMENT USE DATE RECEIVED: RECEIPT/AMOUNT# /$ CASE#ASSIGNED: APPLICATION RECEIVED BY PLANNER ASSIGNED: Parcel Number 0807-10-0-00-050 (12 digit number-found on Tax I.D. information,obtainable at the Weld County Assessor's Office,or www.co.weld.co.us). Legal Description LOT A&B OF RE-723 , Section 10, Township 6 North, Range 67 West Has the property been divided from or had divided from it any other property since August 30, 1972? Yes X No Is this parcel of land, under consideration, the total contiguous land owned by the applicant? Yes X No_ FEE OWNER(S) OF THE PROPERTY: Name: WELD 152, LLC (JON TURNER) Work Phone# N/A • ' 'i Home Phone# N/A Email Address N/A Address: P.O. BOX 272730 City/State/Zip Code FORT COLLINS, CO 80527 APPLICANT OR AUTHORIZED AGENT(See Below:Authorization must accompany all applications signed by Authorized Agent) Name: KING SURVEYORS INC. (Brian Brinkman) Work Phone#1970) 686-5011 Home Phone# N/A Email Address brianb(c*ingsurveyors.com Address: 650 GARDEN DRIVE City/State/Zip Code WINDSOR. CO 80550 Lot A Lot B Lot C Lot D Smaller Parcel Water Source Proposed NWCWD Proposed NWCWD Type of Sewer Proposed Septic Proposed Septic Proposed Use Residential Sub. Residential Sub. Acreage 1+/- 155+/- Existing Dwellings? If Yes, list address If Yes, list address If Yes, list address If Yes, list address below: below: below: below: N/A N/A ' If the property is vacant or unimproved write proposed water source and proposed sewer system for each parcel in the blanks above. For example, if a well and septic is proposed state:proposed well,proposed septic. I (We)request that the following described property be designated a Recorded Exemption by the Weld County Board of County Commissioners. I (We) hereby depose and state under penalties of perjury that all statements, proposals, and/or plans submitted with or contained within the application are true and correct to the best of my(our)knowledge. Signatures of all fee owners of property must sign this application. If an Authorized Agent signs, a letter of authorization from all fee owners must be included with the application. If a corporation is the fee owner, notarized evidence must be included showing the signatory has to legal authority to sign for the corporation. Signature: Owner or Authorized Agent Date Signature: Owner or Authorized Agent Date -4- RECORDED EXEMPTION (RE) SUBMITTAL CHECKLIST APPLICATION REQUIREMENTS: X One(1)original recorded exemption application form (See Page 4) plus nine (9) copies. The application must be signed by all persons on the deed, an authorized agent with a letter from the property owner(s) granting authorization, or if the property is owned by a corporation -documentation indicating that the person signing is authorized (officer of the corporation) to sign the application. X One (1) original completed Recorded Exemption questionnaire (See Page 6) plus nine (9) copies. X One (1) legible 8-1/2 inch by 11 inch map drawn to include the following items plus nine (9) copies. ❑ North arrow ❑ Estimated boundary of the property ❑ All existing and proposed lots (including approximate size in acres) ❑ Easements and/or rights-of-way ❑ Existing roads/highways abutting the property ❑ All existing structures including: dwelling(s), mobile homes, outbuildings, pens, irrigation ditches, oil and gas well production facilities, or other unique characteristics X One (1) original Weld County Road Access Information Sheet (See Page 7) plus one (1) copy. Clearly indicate all existing and proposed accesses (residential, agricultural, oil and gas, ditch, etc). X One (1) copy of a legible deed or legal instrument identifying the applicant's interest in the property. X Two (2) copies of a letter from the water district, municipality, or a copy of a well permit(s) indicating existing service or availability of water service to each proposed lot. N/A Two (2) copies of any existing septic system permit(s) on each lot or one copy of a letter from the sanitary sewer district indicating existing service or availability of sewage disposal to each proposed lot. X One (1) original Certificate of Conveyance (C.O.C.) form and all attachments provided by the title company. (See Page 8) The C.O.C. must be dated within 30 days of the complete application submission date. X One (1)copy of statement from the Weld County Treasurer showing no delinquent taxes exist for the original parcel. N/A One (1) Original Acreage Waiver form (see Page 3), if applicable. Application fees (See Page 2) Packets shall be bound with either paper clips or binder clips (no substitutes) in the order listed below. Applications bound in any other fashion may be returned to the applicant without review. Packet 1 will contain - 1 original of the following: application, questionnaire, map, Road Access Info Sheet, 1 copy of deed, 1 copy of water district letter or well permit, 1 copy sanitary sewer district letter or septic permit, 1 original C.O.C.and any attachments, 1 Weld County Treasurers Tax Statement, 1 Acreage Waiver form (if applicable). Packet 2 will contain - 1 copy of the following: application, questionnaire, map, 1 copy of water district letter or well permit, 1 copy sanitary sewer district letter or septic permit. Packet 3 will contain-1 copy of the following:application,questionnaire,map, 1 copy Road Access Info sheet. -1- RECORDED EXEMPTION (RE) QUESTIONNAIRE Please type or print your response(s) to the following questions on a separate sheet of paper. 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") 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.") 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.") 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.") 4. A description of the location, size, present and future use of the area where the proposed new lot(s)will be 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.") 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.") 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") 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.") -6- RECORDED EXEMPTION QUESTIONNAIRE The Applicants, Weld 152, LLC (Jon Turner) , submit the following responses to the Recorded Exemption questionnaire: 1 . Water supply statement: a. According to the North Weld Water District in a letter dated February 22, 2006, water service is presently being provided to the above mentioned property(Lot A & B) through meter #1034 located at 34896 WCR 72. The Original Letter from the North Weld Water District has been attached with this application. b. Irrigation water: The applicant has 50% interest in 160 units of water from the Northern Colorado Water Conservancy District, 'n interest in Four (4) shares of the Larimer & Weld Irrigation Company, a interest in Four (4) shares of the Larimer & Weld Reservoir Company, a interest in Two (2) shares of the Windsor Reservoir and Canal Company and a interest in Two (2) shares of the Finley Lateral Ditch Company. (One share of each type owned) 2. The property (Lots A&B) currently has no improvements. The owner of will be responsible for providing septic or sewage disposal for the property that will be designed, constructed and permitted according to Weld County ISDS requirements. 3. The 156± acre property is presently being used for agricultural purposes and is proposed to be a future residential subdivision. The whole property, as it is now, has Two (2) existing point of access located East of and adjacent to Weld County Road 19 (both being agricultural access into Lot B) . The property currently has One (1 ) outbuilding, One (1 ) Storage silo, various field roads and dirt irrigation ditches and Four (4) small irrigation ponds as shown on the included exhibit map. 4. Lot B of existing RE-723 is being amended to exclude that parcel of land conveyed to Charles E. Frye and Ingeborg M. Frye in Quit Claim Deed recorded June 16, 1999 at Rec. No. 2700860 Records of Weld County. 5. The Physical characteristics of the site are denoted on the included exhibit map. 6. The Applicant does not request any designated building envelopes. 7. There is no business or Use By Special Review permit on the property. Conclusion: This application is intended solely for the purpose of amending Lot B of RE-723 as described in response to question #4. 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. Be it accepted by the following members of Weld 152 LLC that: 2 shares of capital stock in the Windsor Reservoir and Canal Company are being re-issued as follows: 1 1/2 shares of capital stock to "Charles Frye and Ingeborg Frye". 1/2 share of capital stock to "the Weld County Public Trustee for the use and benefit of Centennial Bank of the West- a branch of the Eaton Bank and Weld 152 LLC, a Colorado Limited Liability Company, as equity owners". 4 shares of capital stock in The Larimer & Weld Reservoir Company are being re-issued as follows: 3 shares of capital stock to "Charles Frye and Ingeborg Frye". 1 share of capital stock to "the Weld County Public Trustee for the use and benefit of Centennial Bank of the West - a branch of the Eaton Bank and Weld 152 LLC, a Colorado Limited Liability Company, as equity owners". R 4 shares of capital stock the The Larimer & Weld Irrigation Company are being re-issued as follows: 3 share of capital stock to "Charles Frye and Ingeborg Frye". 1 share of capital stock to "the Weld County Public Trustee for the use and benefit of Centennial Bank of the West - a branch of the Eaton Bank and Weld 152 LLC, a Colorado Limited Liability Company, as equity owners". u. Jiin J�. 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P. 06 illr • Report ate:02128/2006 O1 21PM WELD COUNTY TREASURER - Page: 1 CERTIFICATE OF TAXES DUE CERT N:4385 S HEDULE NO:R0122791 A S1::SSE'D TO; LD 152 LLC BOX 272730 F RT COLLINS, CO 80527 ,. LEGAL ESCRIPTION: i 23348-B W4 10-6-67 EXC BEG SOD20'W 1915.45' FROM NW COR OF SEC CONT S0D29'W 308.25' S87D48'E 268' N80D15'E 303' NOD35'W 273.25' S89D22'W 561' TO BEG ALSO EXC BEG 545.05'S FROM NW COR OF SEC N88D07' 235.13' N77025'E 47.70' N65D13'E 23.80' N46D18'E 23.50' N25D55'E 15.90' N37D23'E 24' N43D17'E 21.60' N57D37' 17.70' N71D38'E 17.60' S85D41'E 27.10' S75D05'E 23.20' S56DE 20.80' N86D25'E 37.80' S38D29'E 78.30' SOD21'E 110.80' N88D32'W 182.60' N51D13'W 62.60' N69D39'W 56' N79D37'W 23.70' S88D28'W 234.28' TO A PT ON W L NW4 THENCE N19.59' TO BEG ALSO EXC BEG NW COR OF SEC 847018'e 669.23' TO TRUE POB 886D25' 37.3' N56DW 20.8' N75D05'W 23.2' N85D41'W 27.1' NO1DW 112.45' S39D13'E 164.47' TO BEG (1.79R) FARCE : 080710000050 SITUS ADD: TAX YEAR CHARGE TAX AMOUNT INTEREST FEES PAID TOTAL DUE 2005 TAX 1,455.70 0.00 0.00 0.00 1,455.70 TOTAL TAWS 1,455.70 GRAND TOTAL DUE GOOD THROUGH 02/2812006 - 1,455.70 ORIGINAL TAX BILLING FOR 2005 TAX DISTRICT 0430- Authority Mill Levy Amount Values Actual Assessed WELD COUNTY 17.900 314.31 AGRICULTUR 60,535 17,560 SCHOOL DIST RE4 r 48.735 855,79 NCW WATER '— 1.000 17,56 TOTAL — 60,535 60,535 17,560 NWC ATER 0.000 0.00 WINDS SEVER FIRE . 4.944 86.82 AIMS 3U IOR COL ,r, 6.357 111.63 WINDS LIBRARY 3.546 62.27 ,; WEST G ELM'CONSERVATION 0.41.7 7,32 TAXES FOR 2005 :,i 82.899 •-_.�__ 1,455.70 .......- FEE FO THIS CERTIFICATE 10.00 ', ALL TAX IEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE LIENHOLDER OR TO A VERTISING AND'DISTRAINT WARRANT FEES. CHANGES MAY OCCUR AND THE TREASURER'S OFFICE WILL NEED TO BE CONTAC D PRIOR TO REMITTANCE AFTER THE FOLLOWING DATES: PERSONAL PROPERTY AND MOBILE HOMES-AUGUST 1, REAL PR PEATY•AUGUST:1. TAX LIEN SALE REDEMPTION AMOUNTS MUST BE PAID BY CASH OR CASHIERS CHECK, SPECIAL AXING DISTRICTS AND THE BOUNDARIES OF SUCH DISTRICTS MAY BE ON FILE WITH THE BOARD OF COUNTY COMMISS ONERS,THE COUNTY CLERK,OR THE COUNTY ASSESSOR. This ccrtifCate does not includellund or improvements assessed under a separate account number,personal property taxes, transfer tax;or mise,tax collected on behalf of other entities,special or local improvement district assessments or mobile Borges,unless specifically mentioned. • 1,the undct5igned,do hereby certify that the entire amount of taxes due upon the above described parcels of real property and all outstundingsales for unpaid axes as shown by the records in my office from which the same may still be redeemed with the.amount required fog redemption are as doted herein.In witness whereof,I have hereunto set my hand and seal this 28th day of February,2006. TREASU R,WELD, DONALD D.MUELLER,BY: P.O.Box 458 1 (Greeley, IO O 80632 �, Zna- !L (970)353 3845 ext.3290 IN , r Ii r 41, REFERRAL LIST Name: Weld 152 LLC Case On RE-723 County Towns & Cities Fire Districts _Attorney _Ault Ault F-1 z Health Department _Berthoud _Berthoud F-2 _Extension Office _Brighton _Briggsdale F-24 _Emergency Mgt Office - Ed Herring _Dacono _Brighton F-3 _Sheriffs Office _Eaton _Eaton F-4 z Public Works _Erie _Fort Lupton F-5 _Housing Authority _Evans Frederick _ _Airport Authority _Firestone _Galeton F-6 _Building Inspection _Fort Lupton _Hudson F-7 z Code Compliance S.-Ann_N-Beth _Frederick _Johnstown F-8 Kim Ogle (Landscape Plans) _Garden City _LaSalle F-9 _Lin (Addressing Change of Zone) _Gilcrest _Mountain View F-10 _Ambulance Services _Greeley _Milliken F-11 _Grover _Nunn F-12 State _Hudson _Pawnee F-22 Div. of Water Resources _Johnstown _Platteville F-13 _Geological Survey _Keenesburg _Platte Valley F-14 _Department of Health _Kersey _Poudre Valley F-15 _Department of Transportation _LaSalle _Raymer F-2 _Historical Society _Lochbuie _Southeast Weld F-16 _Water Conservation Board _Longmont _Union Colony F-20 Oil & Gas Conservation Commission _Mead _Wiggins F-18 _ _Milliken z Windsor/Severance F-17 Division of Wildlife _New Raymer _South Hwy 66 (Loveland) _Northglenn _North Hwy 66 (Greeley) _Nunn _Division of Minerals/Geology _Pierce _Platteville Commissioner Soil Conservation Districts z Severance Big Thompson/ FTC _Thornton _Boulder Valley/Longmont z Windsor _Brighton/SE Weld _Centennial Counties _Greeley/West Greeley _Adams _Platte Valley _Boulder _West Adams _Broomfield _Little Thompson _Larimer Federal Government Agencies Other US Army Corps of Engrs _School District RE- _ USDA-APHIS Vet Service _Central Colo. Water Cons 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 w1 Q 'SZ ) LLC• REFERRAL LIST • �pp� -f Name: (- v� Case#: AkNITK— `�3 County Towns & Cities Fire Districts Attorney _Ault Ault F-1 ? Health Department _Berthoud _Berthoud F-2 Extension Office _Brighton _Briggsdaie F-24 _Emergency Mgt Office - Ed Herring Dacono _Brighton F-3 Sheriffs Office _Eaton Eaton F-4 X Public Works _Erie _Fort Lupton F-5 _Housing Authority _Evans Galeton F-6 _Airport Authority _Firestone _Hudson F-7 _Building Inspection _Fort Lupton _Johnstown F-8 ')CCode Compliance A ii-Ann N-Beth _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 Pawnee 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 Acres? _Division of Minerals/Geology _Pierce USDA Platteville Airport Soil Conservation Districts Severance Geo Haz _Big Thompson/FTC Thornton FP? Panel # Boulder Valley/Longmont XWindsor IGA? 0RD# _BrightoniSE Weld MUD? Centennial Counties _Greeley/West Greeley _Adams Platte Valley _Boulder West Adams _Broomfield _Little Thompson _Larimer Federal Government Agencies Other _US Army Corps of Engrs _School District RE- USDA-APHIS Vet Service Central Colo. Water Conservancy Dist Federal Aviation Admin (Structures _RR over 200 ft or w/in 20000 ft of Pub _Ditch Company, Airport _Art Elmquist (MUD Area) _Federal Communications Comm Commissioner • • (* 6 ≥ \ Weld County Referral "lige March 21 , 2006 COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Weld 152 LLC Case Number AmRE-723 Please Reply By April 18, 2006 Planner Chris Gathman Project Amend Lot B of Recorded Exemption 723 1 Legal Lot B of RE-723; Pt NW4 of Section 10, T6N, R67W of the 6th P.M., Weld County, Colorado. Location East of and adjacent to CR 19; '/z mile north of CR 70. For a more precise location, see legal. Parcel Number 0807 10 000050 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. ❑ e have reviewed the request and find that it does/does not comply with our Comprehensive Plan ted....JA/We have reviewed the request and find no conflicts with our interests. ❑ See attached letter. / �" Comments: (1/4/7 //D/-G/% 11 J //If ('CI7y)thit7 Zit C4dOl�t'O nr3 //.L/ 4l9 f i�/ /iv ifJi4 y7n'. • Signature (2/11), 9o./0) _.�I -(�r Agency � 4�` / : 07//264/1-0.1 Zz 26 Q/to; Date V Ill['/!� +Weld County Planning Dept. :•918 10th Street Greeley,CO. 80631 4*(970)353-6100 ext.3540 +(970)304-6498 fax • 0 a� r" c1' '7-/- /. Weld Cps‘gloic( IV" ounty pla 1111. GREECEYOFF Eep /eld County Referral ige,"l APR r 2 2006 RECEIVEL) March 21 2006 COLORAD The Weld County Department of Planning Services has received the following item for review: Applicant Weld 152 LLC Case Number AmRE-723 Please Reply By April 18, 2006 Planner Chris Gathman Project Amend Lot B of Recorded Exemption 723 I Legal Lot B of RE-723; Pt NW4 of Section 10, T6N, R67W of the 6th P.M., Weld County, ' Colorado. s Location East of and adjacent to CR 19; '/z mile north of CR 70. For a more precise location, see legal. I Parcel Number 0807 10 000050 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 J we have reviewed the request and find no conflicts with our interests. ❑ See attached letter. Comments: Signature '1,_,..--- �C L- �/�G'' Agency G c, i r{ c'�• S c 'v e.e_ cC. c, C_ Date +Weld County Planning Dept. +918 10'h Street Greeley, CO. 80631 •8(970)353-6100 ext.3540 ❖(970)304-6498 fax Apr 26 06 03: 03p Abe. Tuttle S70.72-8306 p . 1 Y:iii;NIN Weld County Referral "ligeMarch 21 , 2006 COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Weld 152 LLC Case Number AmRE-723 Please Reply By April 18, 2006 Planner Chris Gathman Project Amend Lot B of Recorded Exemption 723. Legal Lot 8 of RE-723: Pt NW4 of Section 10, T6N, R67W of the 6th P.M., Weld County, Colorado, Location East of and adjacent to CR 19; Y mile north of CR 70. For a more precise location, see legal. • Parcel Number 0807 10 000050 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services, We have reviewed the request and find that it does./does not comply with our Comprehensive Plan We have reviewed the request and find no conflicts with our interests. U See attached letter Comments: Tito Tin wsJ 5uppon3 7thtS A-PPLIt*1l0.J 7b AMento tm ctD.{ la 6%12-3 Tb P r, De- TeP eat_ o{ LA+4D bL•Scrtherk a.r eel. MO. 7 7 bet tira . ?Lease- 4094'4.-7S Cbaircf xas 'o P.r1eu4 -naTt1C.. for• The ib&sJ o-1,�CVEI¢.an�e..r. `tha• Ygo., rruittea7 e-,-ar•tfttt+ttc%A 11'72.830 to of-- 4,Fab - Iz.t Y ("7 • - Signature C \, 4 Lj .1 ro OCa Agency -- y Date '•Weld County Planning Dept. +.•CJ18 10"Street Greeley,CO, 80631 "(970)353-5100 oxt.3540 +(970)304-S498 fax :Ill i \ r - + unty Referral C. il 1111 DD March 21 , 2006 COLORADO err PUBLIC WORKS DEPT The Weld County Department of Planning Services has receiv-. - • ing item for review: I Applicant Weld 152 LLC Case Number AmRE-723 Please Reply By ✓ April 18, 2006 Planner Chris Gathman Project Amend Lot B of Recorded Exemption 723 Legal Lot B of RE-723; Pt NW4 of Section 10, T6N, R67W of the 6th P.M., Weld County, Colorado. t Location East of and adjacent to CR 19; '/2 mile north of CR 70. For a more precise . location, see legal. Parcel Number 0807 10 000050 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 r❑W We have reviewed the request and find no conflicts with our interests. W See attached letter. Comments: Signature s 1,04/L��D $4/8-O Co Agency IG lCa (1 07"o-r4vr— Date +Weld County Planning Dept. 4.918 10th Street Greeley,CO.80631 :•(970)353-6100 ext.3540 :•(970)304-6498 fax Weld 0^-unty man_, GnrECEY OFFI EePa�ment jot (‘— :-% APR 19 2006 MEMORANDUFPCEIV ED CTO: Chris Gathman, Planning Services DATE: April 17, 2006 •COLORADO FROM: Donald Carroll, Engineering Administrator ify/ SUBJECT: AmRE-723, Weld 152 LLC The Weld County Public Works Department has reviewed this proposal. Our comments and requirements are as follows: COMMENTS: Weld County Road Classification Plan (FHU): (June 2002) WCR 19 is a major arterial road, which requires a 140-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. Section Line Access: (right-of-way) (WCR 72 only) The 156± acre property is proposed to be a future residential subdivision. Weld County will address the access points at that time. REQUIREMENTS: Utilize the existing agricultural, oil and gas, and ditch roads that are necessary for your agricultural operation. 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: Am RE-723 RE-4396\PLANNING-DEVELOPMENT REVIEW\RE-Recorded Exemption\AmRE-723.doc Weld County Planning Department GREELEY OFFICE eimao APR 1 9 2006 Memorandum frAttfii CEIVED W.C. Planning, Chris Gathman DATE: April 17, 2006 hiDe FROM: , EH Services, Deborah Blandin COLORADO CASE: AmRE- 723 APPLICANT: Weld 152 LLC 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(s) 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. Additionally, please note the following: 1. Topographic or physical features of the proposed lot, such as ravines, ditches, streams, etc. may limit the area available for a new or replacement septic system. Prior to recording the plat the Division recommends that the 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. WINDSOR r:�,; Town of Windsor \AN••• 301 Walnut Street • Windsor. Colorado 80550 • 970-686-7476 • Fn_ : 97(1-686-7180 •u ww.urindsoraor.corn COLO Weld County Planning Department May 4, 2006 GREELEY OFFICE MAY 0 5 2006 Mr. Chris Gathman Weld County Dept. of Planning Services RECEIVED 1555 N. 17th Avenue Greeley, CO 80631 RE: Amended Recorded Exemption 723 (AmRE-723)—Mr. Jon Turner, Weld 152, LLC Dear Mr. Gathman: At the April 19, 2006 Planning Commission meeting, the Windsor Planning Commission considered the aforementioned application. The subject property is (a) outside Windsor's Growth Management Area (GMA); (b) within Windsor's Community Influence Area; and (c) within Severance's GMA. The Town of Windsor Comprehensive Plan states "The GMA is intended to define those specific areas within the planning area where it is most logical to extend urban services in the near term, that is, within the next five to ten years." Therefore, since the subject property is located within Severance's GMA as opposed to Windsor's GMA, it is not appropriate for the applicant to enter into an annexation agreement with Windsor since Windsor does not intend to annex the subject property. The subject property is located within Severance's Growth Management Area (GMA), therefore, it is expected that the property will annex to the Town of Severance. At the February 2, 2006, planning commission meeting the Planning Commission reviewed a referral from the Town of Severance proposing an annexation of the subject property. The conditions of approval for the proposed annexation will be reiterated, in part, for this amended recorded exemption for consistency in the treatment of Hollister Lake Road (WCR 19) and WCR 72. The subject property is depicted as primarily Community Separator with the southeastern section and the very northwestern corner being depicted as Low Density Single Family on the Town's Land Use Plan Map. The Windsor Comprehensive Plan states that the Community Separator land use depiction provides for areas of open space and open lands which generally have little or no development, with the exception of agricultural activities. The Windsor Comprehensive Plan also states that the Low Density Single Family Residential land use depiction provides for ". . . single-family residential detached homes at very low densities at a maximum density of one dwelling unit per acre." The application proposes to create a one (1) acre lot; Lot A, this lot located in the very northwestern corner of the subject property and the land use depiction is both Community Separator and Low Density Single Family. There are no buildings proposed with this application. Since the densities will not be changing on the subject property the proposal is consistent with the Town's Land Use Plan map. • The subject property is located adjacent to Hollister Lake Road (WCR 19) and WCR 72. These roads, which are on the square mile grid system, are typically classified as arterials as they are expected to carry large volumes of local and regional traffic. The Town of Windsor and Weld County have entered into the attached Arterial Management Agreement (AMA) which defines WCR 19 as an arterial road and strives to preserve adequate right-of-way and manage access points so that WCR 19 will move traffic more safely and efficiently in the future as the area develops. The Town would encourage the Town of Severance to join Windsor and Weld County in the adoption of the AMA, as well as requiring the applicant to dedicate any additional right-of-way along both of the adjacent roads in order to avoid the need to use either of the town's public funds to acquire this right-of-way in the future Based on the aforementioned, the Town of Windsor Planning Commission recommends approval of this amended recorded exemption to the Weld County Department of Planning Services with the following conditions. (I) The applicant shall dedicate any additional right-of-way along the entire length of the west property line to bring the east half of Hollister Lake Road (WCR 19) up to the Town's Rural Minor Arterial standard of sixty-five feet (65') from centerline(one hundred thirty feet (130') total). (2) The applicant shall dedicate any additional right-of-way along the entire length of the north property line for WCR 72 in accordance with Weld County Public Works Department or Town of Severance standards, whichever standards are more stringent. Thank you for the opportunity to review this proposal. Sincerely, Diana Lonergan Associate Planner pc: Gale Schick, Chairman,Windsor Planning Commission Joseph Plummer, AICP,Director of Planning Amelia Tuttle, Planner Town of Severance Chris Gathman,Planner Weld County Jon Turner, Weld 152, LLC applicant Brian Brinkman, King Surveyors applicant's representative 04/14/2008 11 : 50 FAX 970 896 7180 TOWN OF WINDSOR e001/005 • • 11111 ttilF A4, Town of Windsor 'p :,U71b4dnGe(.Sbt=c[• l4'intlsui, (:ulu/u,c(,uS(1:',:,C)• QiN royl�-7.77h•fdpr;9ifl h�bl,-iRiU• 1�'Iwd+,winr]_so,r/oi ,eum I''ttx ivaiv: 1nol �._ April 14. 4006 Den„ Mr. Chris (Galhmart r Diana Lonergan For: AniR -72 t c` (.O./Dept. Weld Comity Department CO. of Nanning ServicesI own of Windsor ' I•I� . 1'6aur�r 970-.1.51•6100x3540 on,-fi 97U (>tA6-747('i r a.n r,.,n 970-304-6498 970-686, 7180 . April 14, 2006 RE: Planning Cornntission meeting April 19. 2006 Dear Applicant: laiclosed please turd a copy of the April 19, 2006 Planning Commission agenda and the stall recommendation memorandum regarding, your Weld County recorded exemption referral- Such recorded exemption referrals are typically considered by the Planning Commission on the consent calendar at the very beginning of the meeting. In order to answer any questions that the Planning Commission may have concerning your project, it is imperative that either the applicant or the applicant's representative attend this meeting. Please he prepared to make a brief presentation regarding your project. If the Planning Commission does not have any questions fin you, the applicant, or for staff regarding; the recommendation, the referral may be approved with the consent calendar without Further discussion and you would be Free to leave the meeting. However, if the Planning Commission has questions for you, the project will be removed from the consent calendar' For further consideration during the regular agenda. Likewise, in the event that you wish to discuss or ask questions about the recommendation, when the Chairman opens the "Public Invited to be I !card" portion of the meeting agenda, you may approach the podium, state sow- name and address for the record, and request that your recorded cxuntplion refer'r'al be removed from the consent calendar for further consideration by the Planning Commission. 'thank you very much for your cooperation with this most important matter. If you have any questions concerning this letter, please feel free to contact me at (970) 686-7476. Sincerely, Deana 40409 441 Diana l,onergan Associate Planner enclosures pc: Joseph P. Plummer, AICP, Director of Planning 04/14/2006 11 :50 FAX 870 686 7180 TOWN OF WINDSOR fj002/005 • • • NOTE T(7 APPLICANTS: This agenda is considered tenlalive and may be revised at ally time puts: to the m etme final teams tireidvi edtohepresent at701)pm Final ;we:mills will beavailable at the meeting. �c�rNVA� WINDSOR PLANNING COMMISSION TOWN HALL, 301 WAL:NU7' STREET WE1)NES1)AV, APRIL 19, 2006 WORK SESSION CONFERENCE ROOM 6:00 P.M. n:(1(1-lS_ 5 p.m. Discussions of (1) materials and lighting of awning pit ns; (2) repeal of exislilig utility notification ordinance; and ( 1 interpretation of scope and definition of requirements for proposed rights-of-way on master plans REGULAR MEETING BOARD ROOM 7:00 P.M. Chairman Gale Schick, presiding Call to Order 2, Pt.1131_,IC INVITED TO BE HEART) :3. Consent Calendar,' : ;t. Approval of the minutes o[.April 6, 2006 b. Weld County referral - Recorded fiixetnption (R1:7-4.397) Bill I all and Ryan Scallon, applicants CI. Weld County referral -- Amended Recorded Exemption (And:N-7731 :Ion Turner, Weld 152, LLC, applicant/Iirian Brinkman, King Surveyors, applicant's representative 1, Continued from April 6, 2006 meeting,, - Weld County referral .. Use by Special Review (t:ISR-1.551) for oil and gas production facilities -- E?ma0nan I:oilal< C'olupany, property owner/Great Western Oil and Gas Cutttpany, LLC, applicant/William G. Crews, CPL, applicant's representative - S, t allstarlt 5, Weld County referral — Use by Special Review (USR-1554) -- 1'3atkey's :1.3ossics Dairy - Dennis and Edit Barkey, applicants/I.,auren Light. Ag and Land professionals, ,I .C, applicant's rep esentative -S, liallstidt o4/ 4/20Vb 11 : 51 r53 (0 686 (160 TOWN OF WINDSOR Z1 003/005 • • Recommendation to Town Board Avery Meadows Annexation, M.asler Plan and. .onitig 5-0 1)anno, 1.l.(` and Windsor North investments, I,LC. nwncrs/Nicole.tl.c Mills. TerraVisions, l.,LC, owner's representative. S. Ballstadi 7. Reconnnendation to 'J'own Board Repeal of Ordinance No. I99h-'r99 concerning utility notifications . 3. Plummer S. Communications from the Planning Commission 0. Communications from Town Board liaison 10, Communications from the staff I I . Adjourn 1 /ease Piease r/s2 awl rlr arr on tuc. (;unrent Cllendar will no/ be discutsc rl unless requested hlt the Phim /rlt ( ommissinrr,,r v;,..-Q1 /r) !g,fr/rr( ' who haw /pop:ur ys /rttt'r/ up the (opt„..„( ('a/en'hi- Upcoming Meeting Dates Monday, April 17 3.(1(16 6:00 Y.M. Joint work session with Town Hoard for presentation of 511 392 EOS findings by PBS&.t (multi-purpose room) Wednesday, Apn1,.10 2,006 6:00 Y.M. Work session In discuss awning signs; repeal of utility notification ordinance; and master plan rtghl...,u('svuy requirements Wednrsdny, April 1').2006 7:00 PM. Regular"limning Commission meet iutl't Montl,piy May , 20(16 6:00 P.M. Joint \mit session with own Huard :sod Water and Sewer Bow-(.1 to discuss (1) developments which uulr/e septic systems; and (2) tram:P r of development fun ,day AR tv;i ;,'.(1(IG 7:00 PM, Regular Planning Commission Inc V due d is VhAV17,2006 7:00 P.M. Regular Planning Commission meeting“' un ,duv, Jwic 1, 20(16 7:00 P.M. Regular Planning Commission meeting* Does not include any Planning Commission work sessions which may he requ .s;tcd and n1ay WIN( he scheduled hrr these dates. 1)4/14/zoo6 rl . bl FAX 8 (0 see 7180 TOWN OF WINDSOR 004/005 Item 3c TO: Windsor Planning( cnnmission FROM: Diana Loner,gan, Associate Planner-\):1--- �rIA: Joseph P. Plummer, AIC' ), Director 1)1 Plaun.in ; DATE: April 14, 2006 SUBJECT: WELD COUNTY REFERRAL — AMENDED RECORDED EXEMPTION (AntRE.723) JON I'IJRNER, WELD 152,LUC', API'LI('.A.NI'/BRIAN BRINKMAN, KING SURVEYORS, APPLICANT 'S RI's:PIZESENT'A'I'IVI? LOCATION: East o1 and adjacent to Hollister Lake Road (W(.:'R 19); south of and adjacent to WCR 72 I,AN D USE PLAN DEPICTION: Corntnunity Separator and l..ow Density Istalc: Single Family Rcsident.ial REC'O.M VIENDATTON: Staff recommends that the Planning Commission LI_brward recommendation of conditional approval of the amended recorded exemption to the Weld County Department pi- Planning Services as billows. DISCUSSION: 'tile applicant. Mr. Jon Turner of Weld 152, 11C represented by Mr. Brian Brinkman Of King Surveyors, is requesting approval of an amended recorded exemption application to divide approximately 156 acres into two (2) lots. I..,ot A is proposed to he one (1) acre in size and Lot 13 is proposed to be 155 acres in size. The subject property is (a) outside Windsor's Growth Management Area (GNIA); (h) within Windsor's Community Influence Area; and (e.) within Severance's GM A. The Town of Windsor Comprehensive Plan stales "The. (INIA is intended to define those specific areas within the planning area where it is most logical to extend urban services in the near turns, that is, within the next five to ten years." 'l'herelore•, since the subject property is located within Severance's G.MJA as opposed to Windsor's G MA, it is not appropriate for the applicant to enter into an annexation agreement with Windsor since Windsor does not intend to annex the subject property. The subiect property is located within Severance's Growth Management Area (GMA), therefore, it is expected that the property will annex to the Town of Severance. Al the. Felunary 2, 2006, planning commission meeting the Planning Commission reviewed a referral (rota the Town of Severance proposirtf2?, an annexation of the subject property. The conditions or approval for the proposed annexation will he reiterated, in part, for this amended recorded exemption lhr consistency in the treatment of Hollister Lake Road (WCR IQ) and WCR.. 72. The subject property is depicted as primarily Community Separator with the southeastern section and the very northwestern corner being depicted as Low Density Single Family on the 'T'own's Land Ilse Plan Map. The Windsor Comprehensive Plan states that the Community Separator land use depiction provides for areas of open space and open lands which generally have little or no development, with the exception of agricultural activities. 04;14;2006 11 : 51 FAX 970 686 7180 TOWN OF WINDSOR Z005/005 • • ltent 3c Inc Windsor Comprehensive Plant also states that the L.c>w Density Single Family Residential land use depiction provides single-family residential detached homes at I ( Ics fi�r ... . . sine very law densities at a maximum density of one dwelling Wiit par acre,'. lie application proposes 1.o create a one ( ) acre lot; Lot A, this lot located in the very northwestern corner of the suhject property and the land use depiction is both Community Separator and Low Density Single Fancily. There are no buildings proposed with this application. Since the densities will not be changing on the subject property the proposal is consistent with the Town's Land Use Plan map, The subject property is located adjacent to Hollister Lake Road (WC12 19) and WCR 72. these roads, which are on the square mile grid system, arc typically classified as arterials as they arcs expected to carry Inc volumes of local and regional traffic. The Town of Windsor and Weld County have entered into the attached Arterial Manactement. Agreement (AMA) which defines W('R 19 as an arterial road and strives to preserve adequate right-of-way and manage access points so that WC'R 19 will move traffic more safely and efficiently in the future as the mea develops. The Town would encourage the 'Town of Severance to join Windsor and We.lcl County in the adoption of the AMA, as well as requiring the applieaut to dedicate any additional right-of-way along both of the adjacent roads in order to avoid the need In use either of the town's public funds to acquire this Eight-of-way in the future Based on the aforementioned, staff recommends that the Planning Commission forward a recommendation of approval of this amended recorded exemption to the \-Veld County Department of PIanning Services with the following conditions: I) The applicant shall dedicate any additional right-of-way along the entire length of the west property line to bring the east half of I Iollister Lake Road (WCR 19) up to they T'own's Rural Minor Arterial standard of sixty-five bet (65') from centerline lone hundred thirty feet (130') total). (2) "flee applicant shall dedicate any additional Eight-of-way along, the entire length of the mirth property line for WCR 72 in accordance with Weld County Public. Works Department or Town of Severance standards, whichever standards are noire stringent. pc: Arnalia 'I'ultle, Planner Town of Severance '.leis Cathiman, Planner Weld County ion '1'uruer, Weld 157, I.I.(2 applicant. Rritm Brinkman, King Surveyors applicant's representative PROPOSED AMRE-723di E)C_I-IIBIT • LOCATION SECTION 10, T.6N., R.67W. 014143 no YC1TM01N 10.CORNERxBTw. C'aco'.. 'r a'm!,{raC/ Aw, SEC gCCiI 1aARrtn CORNERRIMMED � 7 (NSRM UNL1 ♦ fnCN IC) ---------------�_.. __ g I ----� - �- P0'' - I .[>. T1 .mm ^ I .a LOTA ,xx I --- AMRE R3 WEST SIXTEENTI CORNER JJJ SECTION 10/3.MIN-R.67W. EMI I REC NO. a rd m� EC N0 8,8 NOAtM • 0 a 5E.119 \ry O,,,0 w / ; 5 n w�I OW xoi �I PROPOSED ,r Ft LOTS AMRE-723 ' p e z6 tA: iv 4 0 41 1 1LC-N x1EDMI CORNER ramTwm o y SECnOI 10,T.BH..R.eS 1 n. 1 Vi A La $68'59'2T'W 561.00' `\ Trona [� n `:. ________________r_____________________________` 0 0 a , rtaM'M B�X65 N 6' � arw rwur "al' wn�1 I \A1 m //atriums \m� Ii C, /I I __ m _ _ �.a ; err raw= I A no o S RREN�AR _ I a a YM a en w' EMT MGATOI RN[ I I CENTW QUARTER CORNER I D $I ///�! SECTION 10.T.BN.,R.BTM. Z P OII,ER_SR60N 10 UN..R.67W.- 1/? `' mu raw xLL(1 2 I//4 N K _ " (SOUTH EwE NV/1/4.SECTOR 10) - \T CO VEST QUARTER CORNER 5NNtl4 1N / / Ii ii o 0(011044 10.T.OI..R.67 5£C11° el I• II LU n i CC III O 3 III a w• III al PROJECT N0: 2003162—A ci 211 alfa KING SURVEYORS, INC. DATE: 2-03-06 \. ,, 650 Garden Drive I Windsor, Colorado 80550 CLIENT: JON TURNER N Nit phone: (970) 686-5011 I fax: (970) 686-5821 DWG: 20031 62A—RE EXH www.kingsurveyors.com DRAWN: CHECKED: . 4 • • WELD COUNTY ROAD ACCESS INFORMATION SHEET Weld County Department of Public Works 111 H Street, P.O. Box 758, Greeley, Colorado 80632 Phone: (970 )356-4000, Ext. 3750 Fax: (970) 304-6497 Road File#: /et Date: `f- 18- oe RE# : Pm RR 7 2.'i Other Case#: 1. Applicant Name WELD 152, LLC (JON TURNER) Phone N/A Address P.O. BOX 272730 City FORT COLLINS State CO Zip 80527 2. Address or Location of Access 1900'+/-& 2250'+/-SOUTH OF WCR 19 &WCR 72 Section 10 Township 6 NORTH Range 67 WEST Subdivision N/A Block N/A Lot N/A Weld County Road#:WCR 19 Side of Road EAST Distance from nearest intersection1900'+/- 3. Is there an existing access to the property? Yes X No #of Accesses 2 4. Proposed Use: X Permanent ❑ Residential/Agricultural ❑ Industrial ❑ Temporary X Subdivision ❑ Commercial ❑ Other ******************************************************************************************************************************* 5. Site Sketch Weld C Outuyl Legend for Access Description: / 1 l i ��WCR72, NOT IMPROVEG_Df/�� AG = Agricultural Road 72 L0T.1 RES = Residential C'. RE-727 O&G = Oil &Gas D.R. = Ditch Road 7', O = House O = Shed ;:-,- rr;Oroar? A = Proposed Access LOT II A = Existing Access J 4G. + WE-73N I rec.o ti nc K �``R,„26s.G. *********************************************** OFFICE USE ONLY: Road ADT Date Accidents Date Road ADT Date Accidents Date Drainage Requirement Culvert Size Length Special Conditions ❑ Installation Authorized ❑ Information Insufficient Reviewed By: Title: -7- 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 Lots A and B of Recorded Exemption No. 0807-10-2-RE723, recorded December 7, 1984 in Book 1051 at Reception No. 1991399, being a part of the NW1/4 of Section 10, Township 6 North, Range 67 West of the 6th P.M., County of Weld, State of Colorado. CONVEYANCES (If none appear, so state): • Reception No. 1307938 Book 1535 at Page 127 Reception No. 1604137 Book 682 Reception No. 1787126 Book 865 Reception No. 1796814 Book 875 Re-Re Reception No. 1843180 Book 921 Reception No. 1934244 Book 1002 Reception No. 1934245 Book 1002 Reception No. 1934246 Book 1002 Reception No. 1934247 Book 1002 Reception No. 1934268 Book 1002 • Reception No. 1955542 Book 1020 • Reception No. 2070361 Book 1128 Reception No. 2097211 Book 1154 • Reception No. 2097212 Book 1154 Reception No. 2247053 Book 1296 Reception No. 2666993 Book Reception No. 2700858 Book Reception No. 2700859 Book • Reception No. 2700860 Book Reception No. 2700861 Book Reception No. 2700863 Book Reception No. 2700864 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 22nd day of February, 2006, at 7:00 am. Order No. TNGR0001372 Transnation Title Insurance Company By 6aa � 1 /A MZ � 0. # 1 � l A horized Signature .m�i ifUN 3 0 1959 l 800K1535 PARE.127 0_ WARRANTY;DEED TO JOINT TENANTS p _ pia KROW ALL.MEN BY THESE PRESENTS, That THE WINDSOR , n-j.::s :MERCANTILE'COMPANY, a Colorado Corporation, of the County of av =. Weld' and State of Colorado, and JOHN L. FRYE, CHARLES B. FRYE, KATHERINE'E. WALKER and ALICE SWANSON, of the County of Weld and State of Colorado, ROBERT H. FRYE and ALBERT L. FRYE, of C' 1' the;County;of Los Angeles and State of California, and MABEL r TREVERTON, of the City and County of Denver, and State of Colorado, as former and last acting Directors at t .e time of dissolution of said Corporation, and as trustees of Cl.e cred- ' itors and stockholders of said dissolved Corpo,:aLlon, for Li:e 'consideration of other good and vale nhle consideration and iron ". Dollars, in hand paid, herald sell and convey to Jul!t! I,. i•.:`!E b'._. and.LYDIA FRYE, of tie County o1 Weld and State f Cr loran°, not as tenants in common, hilt in joint tenancy, t! c survi 8 _ of them, the following real property, situate in Lie. Co n L, i Weld and State of Colorado, to-wit: a ;)- n .' The Northwest Ch4ls,sC Quarter (Nl'�) of cc.i.on 1'c!: ) y (10) , in 'Township Six (L) No Ll c r l:an;e ` ..,� i_^, X13 Sixty-seven (! 7) West of the oLi , RL' , together wntl Four (.t) shares oC I 'e ca,) sE :c i '_ ital stock of Lorimer and Weld It i ,at on :p / 74'-`,%. 1-..F . ##i�� Company, Four (4) shares of Li a capital lOr -, t s.rt1 M , . stock OF the l nimct ale veld - civoi Ia��t-gn _ _ Company, Too ( ) si:ltes o_ t- .'£Lai _-J1.rp •"=VZ,i imi stock of 1 e '..'incisor Itese,vol ned Canal ;'i+ Coon any. '!e ( 1 sl.0 nib ti ,vial 't 3,1,-"?./�` tr" - t,, w ..stock of 11 c 1 cey ILLLill Cu, my d I� + `]F+i j: 1 - e also to_,ati , with th i ellat:ment cL I t I t 1a. ( ' -i' acre feet in ice -dart oni Co nac!o Pater �� yEa)^I Yy Conservanc; n t,ict:,. _3L U _il`- with all its appurtenances, and warrant the title to i.;c Cain, subject to 1959 general taxe; and thereafter; sul:ject a1.sr to leases, reservations, roadways, ditcoes and ditch vi.,.;its-ui.-oay, whether or not the .same appear of record. Signed and delivered this 25th day of _, 155`,. THE HIN➢SOR HEY,C„i"1-ILE CO; PP.F,Y, A Colorado COrpOraLien �arir By j..0 itth 446 2..../ - ATTES'Tdi�.,... lresi3en i -.'1:/,,,('.4.21.11/A n ar �u ) ti' , 4. y z.yy`4lp$oNl/tig3rvl `, e • • aQ 4535 jd 28 o B +Fr e es ', 4 �� ≥ Wt-F-.4.--w-4-0' (SEAL) 'Katherine E. Walker (S1:AL) c:Alice Swanson 4 _ (SEAL) Robert H. Fry O7: J 1' (SEAL) Albert L. Fry, /1'(0°. yno�.>e t (SEAL) Mabel Treverton As former and last acting Directors 'et the time of dissolution of said-Corpora-, Lion, and as trustees of the creditors and stockholders of said dissolved Cor, potation. STATE OF COLORADO. ),. . ¢5. COUNTY OfWELD ) The foregoing instrument was acknowledged tefore me iahss ay oft- „r, 1959-b Charles- B. Frye and John B `Frye, as President and Secretary respectiv�1y.of The gd ,Wis0r Mercantile Company, a Coloradb Corpor$tion. a-T1TNESS my hand and official seal. N1/41,0\344o., . :C jomr issto exA' reb 6,1%3 /) ; /p� / O1:7 • endrc1535 YAGEE17f STATE OF COLORADO ) ss. COUNTY OF WELD ) •The foregoin instrument was acknowledged I;afore me. `` U anX)),is .t.?nr1. day of , 1959, Ly ,lam no L. Fir, Cl ar].os kFl .t�y e, Katherine L. Walker and Alice Swanson. TA •WITNLSS may hand and ni:ficia]. `seal. ' A•44t.xitemiiission expires: � .mss,✓90/ �nE- �?a 0�,-.ee=.-- 't 470 Orr ,0 • _ STATE OF CALIFORNIA ) sc, • COUNTY OF LOS i.C'C1:LBS ) The Lorcgoini, instr,.l.ant was add-) ,. thi /2 4#1 day of TERM 1'' rc - 1 r• -� . '!I'U:ES'S ray bond and official sear . My don,mission expires. �, IOI t(`1 C:IFI 1. \P" . 0FII Oiurvl ,I,lic G Sou. Cal'.loon LNO las V 1-+W1,3J1- ,liu--241yG0 a MY - ✓ f STATE ) COUNTY of Ll.; ....L:G ) this f . �J�Loa.4_ 1 y r L. Diy comitissi-!,i r. ---- .- :.MiConmGaan b1 Fob. 16. I l.OtaL STATE OF COLORADO ) s„ CITY AND COUNTY C!" ) Tie Yo-re,., . . ,n,CrinnenC •aar acl:.nnciic:h ,.: this S1=J". ca. i,.[v F_ 1 1, , . l :mu and official seal. ��,.uJ' '[2y C@y ,u$9]on ex;r. .. 5: 1 ,:4).4I CU 2 /iGo �� ' rn • ttoo5 _ (boa DEC 26 1972�p (l..."17— ,,, .` .ocleck.-A-M., t [J0 2 Baceptim No 160413,7 ANN ,SpDMfH Recorder. THIS DEED, Made this 28th day of June ,io'2 , ' bctWeen JOHN B. FRYE and LYDIA FRYE, as joint tenants, tT of the County of Weld end State of Colorado, cf the fleet part,and M .-1 --JOHN E. FRYE and LYDIA FRYE, as tenants in common, CD 0 of the County of Weld and State of Colorado, of the second Dort: NI rl rtl \VITNESSCfR,That the said part ies of the first part,for and in consideration of the cum of DOLLARS. o --TEN DOLLARS AND OTHER CONSIDERATION & EXCHANGE OF REAL ESTATE.------ ~ o to the said parties of the first port in hand paid by the'aid part ion of the second part,the receipt whereof is hereby confessed and acknowledged,have granted,bargained,sold and conveyed,a by these presents do grant,bargain,sell,convey and confirm,unto the said parties of the second part, their o.1 heirs and assigns forever,all the following described lot or parcel of land,situate,lying and being in the County of LARIMER nod State of Colorado,to-wit: 1\1 U W The West Half (W1/4) of Section Twenty-three (23), Township Six (6) North, Range Sixty-eight (68), West of the 6th P. M., in Latimer County, Colorado; The East,Half of Northeast Quarter (El$/NE') of Section Twenty-two (22), Towipi £.k-(6) North, Range Sixty-eight (68), West of the 6th P. M., in Lar plat.Countr, Colorado; and a7,?��CHea Ydl).ot,ing described lot or parcel of land, situate, lying and being `diPAIRs,.Cottitby of WELD and State of Colorado, to-wit: The Northwest Quarter (NW2) of Section Ten (10), Township Six (6) North, Range Sixty-seven (67) West of the 6th P . M., in Weld County, Colorado. NO DOCUMENTARY FEE REQUIRED TOGETHER with all and singular the hereditament° and appurtenances thereto belonging, or io anywise appertaining,and the reversion and reversion',remainder and remainders,rent°,issues and profits thereof;and all the estate,right,title,interest,claim end demand whatsoever of the said part of the first part,either is law of eyuityi4;in, nd to the above bargained premises,with the hereditaments and appurtenances. No.413. WARRANTY near—Fur Fbetone'bie Meats.—Bradford Publishing Ce..ssaN4 Stout Sheet.Dewar.Celoeads—t-70 IIP @Dols I 682 forth Tem qq said part RAVE of MID O HOLD the their idpremises iisenabove bargained with the appurtenance; n ��' 1 vas (� and described, 160¢137 d the said ire' executors!,and heietmte assigns forever. And the p of the ef unto the ponies of the second re, do said part and g e these presents are well part, theieheire and assigner, that atcovenant, grant, bargain a dfirst part, theIndse preae seized of the hat the of the e,perfect, to and with estate of inheritance,in law,in fee simple,premises above conveyed,good asa and delivery of grant, bargain, sell and convey p and have of good, surd, Oerfmq clear from the same in sight,and absolute and Lind or nature ere err and other roamer and form as aforesaid, power and lawful euthor{ty to grants,bargains,sales,liens, and that the taxes, aeamemensame ere free and - -- 4 and encumbrances of whatever and the above bargained premiere In the quiet and peaceable their helm and assigns against all and eve part thereof, possession le of the said or lea of the hole o the said part lee ofevery abaft person or willpersons WARRANT the first pert shall y claiming ar to claim the part, IN WITNESS and will WARRANT AND FOREVER DEFENDhole or any and seals WHEREOF, the said part lee of the firet a the day and year first above part he ye hereunto eat [written. heirhentl s Signed,sealed and Delivered in the Presence of ..................... . ......__......_....__..._.......___...__...._......_........_. (John R.'1''''''''. .�'{g.2: ... � _[SEAL]`- _Lydia"P.rye)._.. _:G=Ft/.._....` .[sEAL7 :. ._._._...___......_._...._._._..._............_....[SEAL) STATE OF COLORADO, j County of Weld 4as.The foregoing Instrument was acknowledged before me this 28th 19£Z,arv: m.... John H. Fr E4T 4Ye and Lydia Frye, des of June I•W P9het kpires September 23 e107 ; -o-0 O);\4 . 0��\. Witness my hand and official sea l. 4. 'Fr'•. :pot --- �...,. ,...._. .i te' 64\. ...1to4_...... �� n public. OI 0 C 4 A mkj t;), ti ' I • 8 I 8 �� g �1 a ° p`ygi144 q o3 ! j I I F o °'• ' �,; ' w � �,, I ' e z ' I � � A a�} � I " I ` 1 ie I I y I q 9 .o l , I w left • I_. 8 z a' :S E 1 I I. ( w al S a 91 " I i • Eo71,-1*?!‘75 9 JUL 1 3 197' Reseeded Oi ---- i o'clock.fp JA .. __.. L -f mac.Na. 1796814 f)'}1•&7v..e..cti.„.„,µ Slate of Coo mods,Weld County Clerk 6 Recorder 865 ¢raga at fit, ask.. r MAR 121979 • Reeeptton Na _ 171.1'7126 wld Rec rder.. • Grwnty-Colo—L __ 7 CORRECI'IOI' PEPD Tins DEED Made this 23rd day of January, ,1079, between -John-Be Frye and Lydia. Frye.as tenants 1n crxlnlon' I .Slone Documentary Fee Date APP'R� 1 2 1979 I of the County. of Weld and State of Colorado, $ '.ad C.f__....�. of the flat part,and TIE0D0R DAMRMJ anti ERNA MOAN, husband and-wife,:as Joint tenants, li ii of the ,county of Weld end State of Colorado,of the second part: IC I'. • WITNESSETIi Thai the acid parties of the first pmt for and in consideration of the sum of Other good and valuable consideration and tan ($1 DOLLARS. 0 0 to the said garties a the first pert in hand paid by the mid pa lies of the second port,the receipt whereof is hereby confessed end acknowledged,hove granted,bargained,sold and conveyed ,nd by these presents do grant,bargain,self,convoy and confirm,unto the said part lee of the second pert their holm pad assigns forever,all the fallowing deserlbed lot or pared of land situate lying and being in the :Comely d' Weld pad State of Colorado,to wit: • 8a A Tract of land:located in the Northwest Quarter (NW)) of Section 10, Township h ,-I 6 North, Range 67 Vest of the 6th p.m.. County of Weld, State of Colorado,being; it a described as follows: Cofanenuing at the Northwest Corner of Section 10, Township 6 North, Range 67 West t. of the 6th P.I.I. Crain which the Vest Quarter (W)) corner bears SO0°29'50"ll', 2705.20.feet; thence SOO°29'50"W,.1015.45 feet along the west line of said Section t0 to the True Point of Beginning;.Thence continuing SO0°29'50'97, 309.25 feet along the West line of said Section 12; Thence 87°48'50"E 268.00 feet; Thence ,J N80.15'15"E; 302.00 feet; Thence NO0 35'10^W, 273.25 feet; 'thence 389°22'50" V,,I � -561.00 feet to the True Point of Beginning• Subject to a right-of-way for Weld , -• County.Road No. 19, containing 3.742 acres, sore or less, excluding road right- of-way; !i excepting.an Ettsa»cnt for a waste drainage line described as follows: ,i Beginning at the Northeast Corner of the above described tract of land, thenrei;. '.'689°22'50"W, 260.00 feet along the North line of She above described d.00 t fe. ractect of 11 land; Thence N00°37'10"W, 8.00 feet; Thence 689 22'50"E, S00°37'10"E, 8.00 feet to the Point of Beginning. Sellers reserve for themselves and their heirs, successors and assigns, all of the minerals of every nature in and under the above tract, together with the right of ingress and egress to explore for and produce the same. ' tit Sellers also reserve for themselves, their personal representatives'annd heirs, a non-exclusive right of way easement over and across the existing road now - .running from the County Road across the above described tract to the remaining It lands of.Sellers located to the East of the above described 'flack, which ease- It. ment shall be for fanning pwposes only. This easement shall not run with the I land but shall be personal to the Grantors and their children Charles E. Frye and II Dorothy II Darden; then this easement shall terminate and be of no further II force or of feet upon the occurrence of the first of the following: 1) The death of the survivor of John 0. Frye Lydia ]ryu Charles E. Frye, and Dorothy Darden; CR, Lydia Frye, Charles B. Frye, 2) The transfer mid conveyance by John B. Frye, and Dorothy Darden of their entire interest in the surface rights in and to all of the remaining lands of the Grantors herein that are Dying .served by said easenent on the date hereof. After the date hereof, said easements shall not be used in any manner which would constitute a detriment or disturbance to the.Grantees herein, their heirs, successors or assigns, or to the tract herein conveyed. oteolmo‘onno street and camber" TOGETHER with ail and singular the hereditament! and appurtenance thereto belonging, or In anywise • pp t¢nnnb d the era i reverthone,wmaindorend romninders,mnth,issues and profit tb reef:end all. the state;right,title,bterest,claim and demand whatsoever a the id pun of the first part either In law. t ' f , add to the a ga above hvr ,ned preening,with the Imred t to and appurtenances. eeui r, Na.163.:w naex'n une.n e n . .: • 1196814, 1787126 �• eo°4'865 c599 875 a I C'TTO DAVE AND a HOLD the nab! halprentiliee above bargained d de Bribed,with the nppurt°of the first part, or, old p rt leewe f hh i d par Ended is°nd o atom f r ver c°vAnd the rout bargainid s and agree to and wrh i} than ides[ ff th eemto a•and administrat°a do .that at the time of the sli a and delivery of ;117.1:A1 lb id p rtaes of Lfie second a part, of the eli•e anal Signs, [ t, absolute end - Is I I ,then pressmen'ftre wall seized of the preml oe above convoyed, as of good and lawful solutet to and Fve good ightf full r I ..giant, f e ibl° in,so Inheritance,cone e,in law,In fee' asame free and [ id and that the e grant, o allselln and convey thestoneerg manner and fa;m smente and encumbrances of whatever I I r item 11-tom, and other greets,bargains,salve,Ilene Irma aeee kndo n[,seen ens er UBJECI' to 1979.taxes, due and payable in 1980, which said taxes Grantees herein assume and agree to pay;. also SUBJECT to eases nts and rights of-way and restrictions of record; also SUBJECT to the ditch right-of-way over 'a ands across the above described property as the salve non' exists. THIS CONVEYANCE ALSO INCLUDES: the present drain from the Dairy Darn with the right to discharge said drain water onto the adjaccat lands in an annum not to exceed the present capacity. lo a pmt and the above bargained premises In the giant and.pcecnhlo possess,on of the said parties of D their n hell s v 6 enlnct all and oven" pe sorb or pee eons lawfully riennrng er la claim the whale n bny c _ port tho�oof,the said Not lens of the first peat shall and will WAN[.\tt9 AND FOREVER DEFEND. IN WITNESS WHEREOF,the cold part ie5 of the first plat have I stem to set theilhends and seals the I end yew that Above tto,,. n� .—/ t '`� Signed,nentrdand nelh creu In the Preacnce of -�'(f��tj�Ye) 1� ] [SEAL] d.yd1a. )frye)/: !_rti ryjFQ...____ iSEAL] STATE OF COLORADO, Iss. County of Weld I day of JanUatiy The foregoing instrument was sohnowledged before me this ,2'5 '- 19 79 ,by John B. Frye and Lydia ARye, husband and wife as tenants in cannon. ionexpires September 23 , 9 .Winless my hand d ftielel seal My• p m II 1 L _ �L.t.�`^� L. Neursl'u01v ".'„0TA ltd; i -- o III ill fig I ill I k x h e l l I@ to I o I I I II e I q_ ..II i� - II '`J I -I 0: I I B y I c 6 0 ...y4 ‘t), N-e I I 1. . 0.I II I dg ' . ( 1 I � 1 I. Ia't' I I Z. I I E-1 I w o I d I,: '0 d I i Hi t x 1 I f I t o I II I o a e I 4� I 5 I l • • 1843180 t Recorder. �l°rCtC4° o ,t 921Receptian No Wald manly, 4- QFP t�G/7 DEC 2 1280__________s_________ Recorded at .o sore nf., _ _----, ----_ RECORDER'S STAMP i� THIS DEED, Made this 14th day of November 19,80,between LYDIA FRYE it 6 whose address is Box 721, Windsor, CO 80550 o` I o of the County of Weld and State of ' Colorado,of the first part,and CHARLES E. FRYE AND INGEBORG M. FRYE • O 324 Hathaway Lane whose legal address is Wynnewood, PA 19096 O �i the second part: �RtaiP C4&iiM%P tard£Zhi2eFeMft dt' PO WITNESSETH,that the said part of the first part,for and in consideration of the sum of -DOLLARS,NITen and no/100 0 o to the said part y 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 CS grant,bargain,sell,convey and confirm unto the said parties of the second part,their heirs and assigns forever,not in • tenancy in common but in joint tenancy,all the following described lot or parcel of land,situate,lying and being in I the County of Weld and State of Colorado,to wit: ta4 0 THP PROPERTY TS DESCRIBED TN EXHIBIT "A" WHICH IS ATTACHED HERETO AND INCORPORATED HEREIN BY THIS REFERENCE. mhiAnwwwircaaaeenm .121tAu 1`D Tb GETHER with all and singular the hereditaments and appurtenances thereunto belonging,or in anywise appertaining,the reversion and reversions,remainder and remainders,rents,issues and profits thereof;and all the estate,right,title,interest,claim and demand whatsoever of the said part y of the first part,either in law or ' equity,of,in and to the above bargained premises,with the hereditaments and appurtenances. TO.HAVE AND TO HOLD the said premises above bargained and described,with the appurtenances,unto the said parties of the second part,their heirs and assigns forever.And the said part y of the agrst part,ree to wfor he the er- self bargain and rsts that at the time of the ensealing and delivery of these said parties of the second edro,their heirs and assigns, as of good,sure,perfect,absolute and indefeasible '.. estate f4he t is e,well seized of the premises above conveyed, I: estate of inheritance,in law,in fee simple,and ha'5 good right,full power and lawful authority to grant,baroein, sell and convey the same in manner and form aforesaid,and that the same are free and clear from all former and '' ' other grants,bargains,sales,liens,taxes.assessment and encumbrances of whatever kind or nature saever, except one-half of the taxes assessed for 1980 payable in 1981, leases, reservations, roads, ditches, rights of way of record and established on the premises, their and the above bargained premises in the quiet and peaceable possession of the said parties of the second part, heirs and assigns,against all and every person or persons lawfully claiming or to claim the whole or any part thereof, the said part of the first part shall and will WARRANT AND FOREVER DEFEND. IN WITNESS WHEREOF the said part y of the first part ha 5 hereunto se her hand and seal the day and year first above written. SEAL) Signed,Sealed and Delivered in the Presence of IA FRYE [SEAL] [SEAL] STATE OF COLORADO Isa. • WELD County of The foregoing instrument was acknowledged before me this 20th day of November 1989%.0,1.IYDIA FRYE. u'i a N y• ,1981.Witness my hand and official seal. �,I 4.yctMIMissi spires October 1 '- I lit c C t ---'•'.;‘-,),::8 :. Notary Peak 2 • noon r.bd...,,,,,,,, _C5am Bradford Publishing Co.,1845 Stout tree t.Denver,Colorado 164-60111_6.49 % X921 184.180 EXHIBIT "A" • An undivided one-half interest in and to the Northwest Quarter (NA) of Section Ten (10) , in Township Six (6) North, Range Sixty-seven (67) West of the 6th P.M. , together with 4 shares of the capital stock of Larimer and Weld Irrigation Company, 4 shares of the capital shares stock the The heital Larimer and Weld Reservoir Coompany, stock of The Windsor Reservoir and Canal Company, 2 shares of the capital stock of The Finley Lateral Company, and also together with an allotment of 160 acre feet in the Northern Colorado Water Conservancy District, EXCEPT that part thereof heretofore conveyed to Theodor Damrau and Emma Damrau by deed recorded April 12, 1979, in Book 265 under Reception No. 1787126, and EXCEPTING AND RESERVING unto party of the first part the following described parcel together with all improve- ments thereon and appurtenant thereto: Beginning at a point 425 feet South of the North line and 318 feet W- Eastrof1t1t of ew West the line of the N of said Section 10; thence East p North line 320 feet to a point; thence WSouth haparallel liwithhthe West line 160 feet' to a point; _ , North line 320 feet to a point which is 316 feet East of the West line of the NW; of said section 10; thence North parallel with the West line to the point of beginning. ALSO HEREBY EXCEPTING AND RESERVING unto the party of the first part an easement for ingress and egress to and from the above described tract of land herein reserved unto the party of the first part and the County road along the Wet side Nside ofli the efNA:which f sasaid the Section 10, 20 feet in width, P of said located 541 feet South of the North line of the NW. Section 10 and extending from the West line thereof East a distance of 318 feet to said tract hereby reserved unto the first party. a- . -- �' AR39dy2yy .e fl 1002 REC 01934244 07/20/03 15:37 46.00 1/002 F 1395 MARY ANN FEUERSTEIN CLERK 6 RECORDER WELD CO, CD RECORDER'S STAMP Tins DEED, Madethin 18th day or May 19,83.hetween CHARLES E. FRYE and INGE➢ORG M. FRYE whose address is 324 Hathaway Lane, Wynnewood, PA 19096 of Da, Giulio' awLtitaleauf-- (YAanrrin,of the heal part.and LYDIA FRYE whoselegaladdressla P. 0. Box 721, Windsor .,(the fount)"di Weld aril State of Colnradn,uf the serend part. WIT'NESSETTI,t hat the sand part ieSaf the feat part.for rind to eonsider:ten of tie humid Ten and no/100 I Mat's tnthe,apl part besu(the riot part in hand paid by the Said partyen of the second part.I here vita whereof is hereby. •nfesced and arknnwledged.have granted.bargained,sold and eonyeyeti.and by there pr esprit de grunt,hargxnt,ar'll.runcey rind rnnfir nt MI to the said parties Of t he)nand pert,their hear)and urseg ne forgiver.nil in II-nanny In e'rnmon but in pant tenancy,all the(alluwmg dearrdedl lul •r pie net .f land,rllntd ...lying rindbeing in the r,o,nty of Weld and state.or r:driado.In tea THE PROPERTY IS DESCRIBED IN EXHIBIT 1'Ar" WHICH IS AI•TACIICD HERETO AIID INCORPORATED HEREIN BY THIS REFERENCE. —at nrinprxre-as et n+r-•mAe tnntrcr TOGETHER will. all and tuegular the Inaeddnrr,enl. and nt•perten:un es thereunto• bel',n¢mg,nr it an,'a Le appertai ing,Ih,.j eand reversed,.remainder rend r.rr.avl.W'.,rents,P.‘,..and profit thereof,and all the. 'elate,right,tale,Intel-eat,thane and denla,ul ul.utta••v er a.1 the .any Part Los .d the rent part,either n p,, 'PI pqui y,''t in and to the above bargatnrd pr all.es.wtt I,the borsht nlnt,t.Mill appnrenneea T(I❑A\'E AND TO 111,1J)the said prea,Les abuse bargained arid des,olio'. art I, 'lee aPPnrbnnr.'e...nlu tie.. ,toil Mart'',of thy eeenrnt port,their iwlr,and nr-lgt''bore.,et And the said parties nrnnr fora par I,h., thorn )eves. thei tein., eeutlrrr,and aelmui,trxtnr.d,• ,n.enant,graht.hargan and agree t•.and'all I.t le, said parher.of the second part, Died beer• and ti,litht Ihat at tile tune id the eel re ling lull delivers nl th.e.e Ilrei.rlt,be in<J well 'wired ur tile.pr.re.e. :lo....c,,n _ell. a, s(good. • r eerie.5. al,,..l.de rind r tdef..:vole. e..t:ile Id Inherlvenrr,in tau,In fee t,,Aideh and ha ve g...1,acid loll I•°•er and Hal,,,.,,lhoriy t.,grant,harY.aul, .II and r a1 ry the rani. in runner and fern uteri-said. and neat the •arriv !arena and clear meta all fernier r and oilier grant s.l•argai..,rah•,hens.taxes,a,....an et and eeninbran e•of uhalerer ked$er nature peoe r except one—half of the taxes assessed for 1980 pa'/able in 1381 , leases, reservations, roads, ditches, rights of way of record and established on the premises. rldeb'I..,.e rl..n.d u,. said,..e i•..e r.. .•• .Lie purl)ay) ,. veil th•,al.'''.bangs lw•I prenll,in Ow gun pea' laysan.l lt,v, l all and our tattoo,lawfully hinny g.,,I.clans.•i., a I_d''''r any partiher.•.f, . g n,.ngau,, y la,.rann.ere > r `. the•aldl•arl ..I in,hot ,art Odd'and will 1A AltRA S1 AND FO EVER PEt'LNl' I5 WITNESS WHEREOF' rl,- •ail Part less( Ilio f part 1 e Herod ,it the C"' S and • real S the day and seer In t Aldo,- wr '.n >Igr.ed.sl role:.l al,a n..la..e..d lr.u..-rr-•ee.• .I -Of ARLES E. FRYE 'r , ld V I •�/4(Edit/T rl f r A1.1 I•ifiCDC 2G/1e FRYE 1 .sbabbovV V,1[ AiFFANIA Count)el Muntyorrlery I The hu eyeing deer'a ego a ant iii knife Icily.] tbn /G day A .June j . ty 8,1y Charles 4:. Frye and I nyebnrq M. Frye. 1h S.C..' • .Cai rd. \Iva eery guinea .r. •, (I C! /.i I:e , ' N,tn ely hand and setae-7(o.777---- - l Address /b/.c.('iI-C%, ( /</(4, Nu.92l. waux sari ono to r.al r.n.re. - x•.m'''''...aa a r.0 IP X00 :/O02 P 1002 REC 01 9.342 44 07/20/03 1 `.i • P3 7 CO F 1396 MARY ANN FEUE.RSTETN CLERK & RECORDER . WELD CO , An undivided 1/2 interest in and to the NWT of Section 10 , Township 6 North , Range 67 West of the 6th P . M. together with 4 shares of the capital stock of The Larimer and Weld Irrigation Company , 4 shares of the capital stock of The Larimer and Weld Reservoir Company , 2 shares of the capital stock of The Windsor Reservoir and Canal Company and 2 shares of the capital stock of The Finley Lateral Company and 160 acre foot units of the Northern Colorado Water Conservancy District , EXCEPT that part thereof heretofore conveyed to Theodor Damrau and Emma Damrau by deed recorded April 12 , 1379 in hook 865 under Reception No . 1787126 of the tdeid Ccunty Records . • Z. B 1002 REC 01934245 07/20/133 15:37 ••00 1/001 F 1397 MARY ANN FEUERSTEIN CLERK h RECORDER WELD CO, CO AR19J4245 DEED OF DISTRIBUTION BY PERSONAL REPRESENTATIVE THIS DEED is made by CHARLES E. FRYE AS PERSONAL REPRE- SENTATIVE OF THE ESTATE OF JOHN B. FRYi:, DECEASED, Grantor, to Lydia Frye, P. 0. Box 721, Windsor, Wlorado 80550, an undivided one-half interest Charles E. Frye 324 Hathaway Lane, Wynnewood, PA 19096, an undivided one-fourth interest Dorothy M. Darden, 3327 LaVeta, San Clerrente, CA 92672, an undivided one-fourth interest, Grantees. WHEREAS the above named decedent in his lifetime made and executed his Last Will and Testament dated July 23, 1977, wr,icn Will was duly admitted to informal probate on August 20, 1979 by the District Court in and for the County of Weld and State of Colorado, Probate No. 79 PR 174, WHEREAS, Grantor was duly appointed Personal Representative of said Estate on May 13, 1983, and is now qualified and acting in said capacity; and 1HIEREAS, the Grantees are determined to be the persons entitled to distribution of the hereinafter described real property and Grantor is authorized and directed to distribute the same to Grantees. NOW, THEREFORE, pursuant to the sowers conferred upon Grantor by Article 12, Sections 711 and 907 of the Colorado Probate Code, Grantor sells, conveys, assigns, transfers and releases to Grantees the following real property i.n Weld County, Colorado, to-wit: a An o undivided 1/2 interest in ana to the ;�,:-, .. Section 10, Township 6 North, Range 67 West of the 6th P.M. together with 4 shares of the capital stock of The Larimer and Weld Irrigation Company, 4 shares of the capital stock of The Larimer and Weld Reservoir Company, 2 shares of the capital stock of The Windsor Reservoir and Canal Company and 2 shares of the capital stock of The Finley Lateral Company and 160 acre foot units or the Northern Colorado Water Conservancy District, EXCEPT that part thereof heretofore conveyed to Theodor Damrau and Emma Damrau by deed recorded April 12, 1979 in Book 865 under Reception No. 1787126 of the Weld County Records. with all appurtenances. Executed May 18, 83. CH + ,ES E. FRYE AS PER ONAL REPRESENTATIVE: OF THE ESTATE OP JOHN B. FRYE, DECEASED STATE DI' PENNSYLVANIA- 1 ) s5. COUNTY OF MONTGOMERY ) The foregoing i.nstrument was acknowledged before :rr•'kys , • /,day of [,- 1983, by CHARLES E. FRYE AS PEPSO1'T+L. - .1 REPRESENTATIVE/OF THE ESTATE OF :JOHN B. FRYE, DECEASED. = _ witnes/s my hand and official seal. ?: ' My commission expires {('(-G �! �7y� J 1/ 17 ` -�{otary Public , , Address )OL lki.Y�/,. f� /�[l•1C ra>,:, kArrp; Nu R.qn F.oe t.. ..2°O n y!1C LIy Co:rn.:u.o-,Er:�•e' 'i Co. x o a 3' Reception Na $6.00 1/002• *R1134246 H 1002 REC 01934246 07/20/83 15:37 Recorde F 1398 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CD RECORDER'S STAMP THISDEED. Made thin 1st dny of June 19.83.between Lydia Frye of P.O. Box 721, Windsor, Colorado of the (nrrnly of Weld anti State of I Colorado,of the neat part,and Charles E. Frye and Ingeborg M. Frye whore legal addle,*,a 324 Hathaway Layne, Wynnewood, Pennsylvania 19096 ppeennsy77 atria of the County .1 Montgomery and Staten(f%1Andg.'d th"t •n"part WITNF:.SSI:TII.that thesant part •,frh, f,rrt Part.for and in r ,nairhra Oon..f rhe sum of other valuable consideration and Ten unl.1.ARS. tolheeaul part y of thefirxi part in hand paidby the Sand;nailer of the rotund part therererpr wh.renf,•hereby ,onfr.red and arkn"w LofgeA.hag granted,bargained,(told and rnnveyevl,and Id dhrer.pn-•corn An CS granl.l.argann,veil.convey and row Lon"No t he axed parr be.of the..cowl part,l heir he,ra and aament,forever.not.r. tenancy v.common but in flint tenant y.all the lolb,wu.g de•cnb.d lot or pa rret of lam!.utu„te.l y.ug and b•- r., the County of Weld and St ate of Colorado.to•a:t. THE PROPERTY IS DESCRIBED IN EXHIBIT r'f." WHICH IS ATTACHED HERETO AND INCORPORATED HEREIN BY THIS REFERENCE a lxo huowrr ax r.t reel a nd n unher TIuiETIIEII will, all and angular the b.,e,btarn.a.r, and aplmrterrxnr,r tivn owl„ 1••.lrneme. ,r w a •• appertxn nine.Ole r•-•(. -pa)and rev ,,r.,, .n rnaunder an•I terra odlt.r•.r nt•. •r,and pr,bt,,her,-,L xodral:Frn erode.rigid.title.mt.-sett.rla,ne what pant part y "t th' ru , •r nn•.r . . I.E. or tgwty.of.w.and ru II.. ab•rce Iargxt u•d IF'.' "'' a.rb the hpre,htarn••ru.and appur r. ,:u • u TO IIA\'i: AND TO 1101.1'the stud pr m. •. ub.,, bargained and d..,rd•.A, ad I. .',.•app, rter.. • . . ..u.. *aid erbr n of the ..renrl •,r.their hero awl a..rcm her I, And W..a.'I party ••I Op.. Lr•t ',an 1" I' r r• rl f her 1,.�, , .�,�p..•r pond anm,r.palr...•r.d•• es .,trio„,.r.g.ar.t.,.a.,a.r.ar.d age.. . ,., .d . . .and Ill rh.• .,,end Pa their boar. and amen . that at t ''' tw." ..f n,•- •r. •alu.K '-'1 .1.`i.•;. .. ...... nix she 19••11 oar..1 of the pr ro ,,, aloe 1. ) . a l t I. ,u i a I....I I T •.1,b • I.I. enlal.uf mi,rntur,r in,Taw .r , •L.• ,'tr ail 1.xg. t •I r,v1.I• ppaprrrl tl.•r 'K,. ' . ''V" ul f ern aft. ul. and that the •are ar o Ir•.. oral'I•an lode ..II xuA rim v.y tl.,on. u. rottener and r..a ' „ILr,Kronto.l•xrKnu,...xr.,hr,..l:,n.x.a. ,.vu,nl:u,J em nmL,a ., •I a1.ab.rr Y.orl .r r.x. .r, ..... � t:... :f. taxes assessed for the year 198 C payable In 199 / , leases, reservations, roads, ditches, rights of way of ra ".,r•: and esrat,- lisned on the premises, aLA tlIraI,n bar�rr,A l,'r, ., .,r tbrq,,. ,n.l lr •c.n bl I• •r In. 11' ..1I" "'r L•nr..:unl n.•er:..aca n.l all ard•v,rl pero.t. p•rsn.Inb ella •ru ,K•'r'. -1, ar..to tar•• - n .. ',wood part y •d tl..•lu,t pan shall and will WARRANT ANIiFruE. 'EhI LF.F ENT, -aid ./ per, II' n ' IN WITNESS WHEREOF' the part -( U��- bit part Lac gal ILr.dal wad➢tar fu.':J."ae wnc.e. signed,So alyd and Ur,n'errA.n I r..I'ry•,u.•J emu/ I I>1.AL) is,ATI STATE OF(t,V IRAUU Weld (j L. A . ltl'••f .Ll•'rhr(etvW^Knptnur.w:l katw le•Igol L.4.r.,,. tl,., 9th ta) 'I .Tune yyb,36y t1U1tilia�t r'ye. Y .S7 . • .enn.i „i e• February 14 .l" 87 tell•..re, oared ar•leff..,nl„al t fr1um,a 1—.1 if .14 Address 1007 9th Avenue,Greeley, aJ 80631 Nu.YYI. xutxa�n Id.eu t.l....r r•.,... x,.aa„r.',... a .,... ,- •.. .. 8 1002 REC 01934246 07/20/83 15 : 37 $6 . 00 2/002 F 1399 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO , CO EXHIBIT "A" An undivided one-fourth interest in and to the Northwest Quarter (NWa) of Section Ten ( 10 ) , in Township Six (6) North , Range Sixty-seven ( 67 ) West of the 6th P .M. , together with 4 shares of the capital stock of Larimer and Weld Irrigation Company , 4 shares of the capital stock of The Larimer and Weld Reservoir Company , 2 shares of the capital stock of The Windsor Reservoir and Canal Company , 2 shares of the capital stock of The Finley Lateral Company , and also together with an allot- ment of 160 acre feet in the Northern Colorado Water Conservancy District , EXCEPT that part thereof heretofore conveyed to Theodor Damrau and Emma Damrau by deed recorded April 12 , 1979 , in Book 865 under Reception No. 1787126 , and EXCEPTING AND RESERVING unto party of the first part the following described parcel together with all improvements thereon and appurtenant thereto : Beginning at a point 425 feet South of the North line and 318 feet East of the West line of the NW 1/4 of said Section 10 ; thence East parallel with the North line 320 feet to a point ; thence South parallel with the West line 160 feet to a point ; thence West parallel with the North line 320 feet to a point which is 318 feet East of the West line of the NWq of said Section 10 ; thence North parallel with the West line to the point of beginning . ALSO HEREBY EXCEPTING AND RESERVING unto the party of the first part an easement for ingress and egress to and from the above described tract of land herein reserved unto tine party of the first part and the County road along the West side of the NWt of said Section 10 , 20 feet in width , the North line of which is located 541 feet South of the North line of the NW1 of said Section 10 and extending from the West line thereof East a distance of 318 feel to said tract hereby reserved unto the first party . • • AR1134247 "girdeda H 1002 REC 01934247 07/20/133 15.30 $6.00 1/002 F 1400 MARY ANN FEUERETEIN CLERK d RECORDER WELD CO, CO Reception Ne.._.__—___—__ •. j`" Charles E. Frye, whose -address is 324 Hathaway Lane, Wynnewood, PA, 19096 and Dorothy M. Darden, whoseaddressis 3327 La Veta, San Clemente, CA 92 72 OffiNY.9<iA ,Xi#105,NN%f for the consideration of other valuable consideration and Ten - - - -Doll ars,in hond paid, hereby sell(sl and quit claiWs)to Lydia Frye whose address is P.O. Box 721, Windsor, CO - County of Weld .and State of Colorado .the following real property,in the County of Weld ,and State nfColorado,to wit: That part of the Northwest Quarter (ND ) of Section Ten (10) , in Township Six (6) North, Range Sixty-seven (67) West of the 6th P.M. , described as follows: Beginning at a point 425 feet South of the North line and 318 feet East of the West line of the NW4 of said Section 10; thence East parallel with the North line 320 feet to a point; thence South parallel with the West line 160 feet to a point; thence West parallel with the North line 320 feet to a point which is 318 feet East of the West line of the NW; of said Section 10; thence North parallel with the West line to the point of beginning. ALSO an easement for ingress and egress to and from the above des- cribed tract of land herein reserved unto the party of the first part and the County road along the West side of the 111./ of said Section 10, 20 feet in width, the North line of which is located 541 feet South of the North line of the NW'i of said Section 10, and extending from the West line thereof East a distance of 318 feet to said tract hereby reserved unto the first party. P1i(X NtS M+YReY•ALYAK,%4NNXDaY,N;4Y with all its appurtenances • Signed this / day of June • _ hRLES E. FRYEE r'S\ PENI,S?LVA(:ll, DOROTHY M. D/.hDEN c `� STATE f)P ttj4XYIEAQ4M. l • rowdy i,f Non tyt,rt:r'i . y\ The foregoing instr'iunent was ur knowledge,before me this // /f dayof June . lu <„ ,by Charles E. Frye. My commission expires o.,,.l /% /' •,I Witness my hand and offieial seal .{a _ :., —'=`---- Adel x,•55 (acknowledgement form for Dorothy M. Darden is on the reverse side) N 1002 REC 01934247 07/20/83 15:30 $6.00 2/002 F 1401 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO STATE OF CALIFORNIA ) )ss COUNTY OF (`j2/447%2 ) The foregoing instrument was acknowledged before me this a Jr/5Iday of June, 1983, by Dorothy M. Darden. _ �ft My Commission Expires: ILLS-/�e--44-74 "/ Witness my hand and official seal. Alien/447-�1 f Notary Public Addres's 1 Y ` C\ V rn 1- w aem Gil cro P.c•0 - j - - _ mr. a I i T U U e • ,. AR1934268 letter H 1002 REC 0193426(3 07/20/83 16:26 43.00 1/001 Reap F 1446 MARY ANN FEUERSTEIN CLERK t. RECORDER_WELD CD,—CO Recorder'.Stump THIS DEED, Made this f O — day of June 19 83,between Charles E. Frye, whose address is 324 Hathaway Lane, Wynnewood, PA 19096 mkte fiannt t of< ,;StaGg»Y. *Aiorati,of the firstpart,and Charles E. Prye & Tngeborg M. Frye, whose address is 324 Hathaway Lane, Wynnewood, PA, 19096 'Arse ;(wslatsaf scnods84at& f< ii '.. i»imigte,of the second part: • • WITNESSETH,That the said party of the first part, for and in consideration of the sum of i other valuable consideration and Ten - - - - - - i DOLLARS to the said part y of the first part in hand paid by the said parties of the second part, the receipt i whereof is hereby confessed and acknowledged, ha a remised,released,sold, conveyed and quit claimed,and by these presents do es remise,release,sell,convey and quit claim unto the said parties of the second part,their heirs and assigns forever,not in tenancy in common hut in joint tenancy, all the right,title,interest,claim and demand which the said party of the first part ha s in and to the 1 following described lot or parcel of land situate, lying and being in the County of Weld and State of Colorado,to wit: li An undivided 1/3 interest in and to the NW; of Section 10, Town- 1 ship 6 North, Range 67 West of the 6th P.M. together with 4 shares F of the capital stock of The Larimer and Weld Irrigation Company, i 4 shares of the capital stock of The Lai-in-Ur and Weld Reservoir Company, 2 shares of the capital stock of The Windsor Reservoir and I• Canal Company and 2 shares of the capital stock of The Finley , Lateral Company and 1G0 acre foot units of the Northern Colorado Water Conservancy District, EXCEPT that part thereof heretofore conveyed to Theodor Damrau and Emma Damrau by deed recorded April 12, 1979 in Book 865 under Reception No. 7.787126 of the Weld County 1!. I'i- Records, with all appurtenances. i. Excepting from this conveyance the tract of land and the improvelnenqu thereon conveyed by Charles E. Frye and Dorothy :t. Darden to Lydia Frye by quit claim deed dated and acdnow)edyed .tune 10 , 1083 and subject to the easement for ingress and egress described in said quit claim deed which is recorded in Hook 1002 as i'ecoption • No. 1934247 of the Weld County Records. • TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privi-i leges!hereunto belonging or in anywise thereunto appertaining, and all the estate,right, title,interest. and claim whatsoever of the said part y of the first part,either in law or equity.unto the said rarrAlg_, not in tenancy in common but in joint tenancy. .',,1' of the second part,their heirs assigns forever, IN\\'1'r\Ess\PHEREOP,Thu said part y of c first pr -t has Ito cir�4 . hand and seal the day and year first ahoy• rant]' ` p Signed, Sealed :and Delivered in the presence of `&� �`�=(EF.AIl'i,, '-y CHARLES E. i'R'i f? L; .';f3‘,1% sj1 • I [SEAL) STATE OF ss. County of lion blom,1r7 The foregoing instrument was ack nowlcdged before me this ;/ // day of Aerie 19 83, by Charles E. Frye My commission expire+ /:(1.Li /,J /47X,,:1 I WITNESS no hand ;mat official seal. ��j—�/-- :f/ , �, J ,,, I,.,,'' I — ,'Acl irvss `, So.St2. QUITS!.AIM u5Y4--T.lama T.mnb. re.,:b:.,•.,:,'.le' ','+a.¢s:•.a.,..' u•,"" .: n!,.,••'.:1.u. :.v. B 1020 REC 5542 02/07/84 16:40 53.00 •/001 AKL`155542 F 0925 MARY FEUERSTEIN CLERY S RECORDER WELD , CO vuir ULA1M DEED LYDIA FRYE, whose address is P. O. Box 721, Windsor, CO 80550, for the consideration of other valuable consideration and Ten Dollars, in hand paid, hereby sells and quit claims to CHARLES E. FRYE AND INGEBORG M. FRYE as joint tenants with right of survivorship, an undivided one-half interest, whose address is 324 Hathaway Lane, Wynnewood, PA 19096, and DOROTHY M. DARDEN, an undivided one-half interest, whose address is 3327 LaVeta, San Clemente, CA 92672, the following real property in the County of Weld and State of Colorado, to-wit: An undivided one-half interest in and to an undivided one-third interest in and to the oil, gas and other minerals in, under and that may be produced from the Ev, of the SE: of Section 7, Township 6 North, Range 66 West of the 6th P.M. for a term of 20 years from January 12, 1973, pursuant to the provisions of the reservation con- tained in deed dated January 12, 1973, recorded January 17, 1973, in Book 684 under Reception No. 1605553, Weld County Records. An undivided one-half interest in and to the oil, gas and other minerals in, under and that may be produced from the SE: of Section 5, Township 6 North, Range 67 West of the 6th P.M. and for the same consideration LYDIA FRYE hereby sells and quit claims to CHARLES E. FRYE AND INGEBORG M. FRYE as joint tenants with right of survivorship, an undivided one-eighth interest, and DOROTHY M. DARDEN, an undivided three-eighths interest • in the following real property in the County of Weld and State of Colorado, to-wit: An undivided one-half interest in and to the oil, gas and other minerals in, under and that may be produced from the NW; of Section 10, Township 6 North, Range 67 West of the 6th P.M. EXCEPTING AND RESERVING, however, unto the Grantor for and during her lifetime all of the bonuses, rents, and royalties accrued and to accrue under any oil and gas mining lease or other mineral lease now or hereafter existing upon said premises, or any part thereof, which bonuses, rents and royalties shall be paid to and shall belong to the Grantor for and during her lifetime and upon her death the remainder thereof shall be paid to and shall belong to the grantees herein, their heirs and assigns forever. with all its appurtenances. Signed this 10th day of_ January 1984. .49 YDIA FRYE STATE OF COLORADO ) ss. COUNTY OF WELD The foregoing instrument was acknowledged before me this 6th day of Fe[5ruary 1984, by LYDIA FRYE. Witness my hand and official seal. My commission expires October J . 1985 PubAic Address 1007 9th Avenue :a , Cr--1-y, CO "41 T v 4 � • E 1128 REC 020/ 361 09/22/86 15:05 $3.00 1'1 AR2070361 F 2145 MARY ANN FEGERSTEIN CLERK & RECORDER WELD CO, CO QUIT CLAIM DEED THIS DEED,Made this 17th day of September 19 86 between CHARLES E. FRYE AND INGEBORG M. FRYE -II of the "County of Weld and State of Colorado,grantor(s),and LYDIA FRYE I. whose legal address is 903 Conifer #414, Windsor, CO 80550 of the County of Weld and State of Colorado,grantee(s). WITNESSETH.That the grantor(s),for and in consideration of the sum of other valuable consideration and Ten DOLL the receipt and sufficiency of which is hereby acknowledged.have remised,released,sold,conveyed and QUIT CLAIMED,and by these presents do remise,release,sell.convey and QUIT CLAIM unto the grantee(s), her heirs,successors and assigns, forever, all the tight, title. interest, claim and demand which the grantor(s) have in and to the real property, together with improvements.if any,situate,lying and being in the County of Weld and State of Colorado,dcsaribed as follows: The Northwest Quarter (NWe) of Section Ten (10) , in Township Six (6) North, Range Sixty—seven (67) West of the 6th P.M. together with 4 shares of the capital stock of Larimer and Weld Irrigation Company, 4 shares of the capital stock of The Larimer and Weld Reservoir i Company, 2 shares of the capital stock of The Windsor Reservoir and Canal Company, 2 shares of the capital stock of The Finley Lateral Company, and also together with an allotment of 160 acre feet in the Northern Colorado Water Conservancy District, EXCEPT that part thereof heretofore conveyed to Theodor Damrau and Emma Damrau by deed recorded April 12, 1979, in Book 865 under Reception No. 178712 Weld County Records, and EXCEPT that part thereof including the ease- ment described in Rook 1002 under Reception No. 1934247 of the Weld County Records, and EXCEPT all oil, gas and other minerals in and under and that may be produced from the above described property in- cluding, but not by way of limitation, interests in oil and gas pro- duction which Grantors now own or may acquire as remaindermen, it being the intent of the Grantors that no interest in the oil, gas and other minerals is conveyed hereby. also known by street and number as: TO HAVE AND TO HOLD the same,together with all and singular the appunenances and privileges thereunto belonging or in anywise thereunto appertaining.and all the estate,right,title.interest and claim whatsoever,of the grantor(s),either in law or equity,to the only proper use.benefit and behoof of the grantee(s), her heirs and assigns forever. IN WITNESS WHEREOF,The grantor(s)ha veexecuted this deed on the date t forth above. `C7� S E. RYE y �'/M4 fin 1 �HG'M. F GE30AG FRYE STATE OF COLORADO. ss, County of WELD tl foregoing acknowledged 22nd da The instrument before me this y of Sep mber ,19 86 by CHARLES E. FRYE AND INGEBORG M. FRYE. 4,,,....•"tMs puns Oct±er 1, 1989 date[ .Witness my'hand and official seal. r;. NOTARY'..•:Z. F tNftliyheM Iy:: ,......•p•\', ,_ "Iflo,ppea$or'inapth''City and." Ns.933.Rev.385. QUIT CLAIM DEED sealed wbli,hin6.5.823w.65 me..WMemeW.CO souls—ON)])Y69W IbS5 8 • B 1154 REC 0.211 04/27/87 11;20 $6.00 .002 AR2097211 F 1084 MARY ANN FEUERSTEIN CLERK E. RECORDER WELD CO, CD 11 QUIT CLAIM DEED THIS DEED,Made this 3rd day of April .1987 , between CHARLES E. FRYE, INGEBORG M. FRYE, 1 LYDIA FRYE and DOROTHY M. DARDEN of the *County of Weld and State of •Colorado.grantor(s).and CHARLES 3. FRYE, INGEBORG M. FRYE, LYDIA FRYE AND DOROTHY N. DARDEN whose legal address is34896 Weld County Road 19, „Aindsor of the County of Weld and State of Colorado.grantee(s). WITNESSECH,That the grantor(s),for and in consideration of the sum of other good and valuable consideration and Ten DOLLARS j the receipt and sufficiency of which is hereby acknowledged,ha remised,released,sold,conveyed and QUIT CLAIMED,and by these presents do remise.release,sell,convey and QUIT CLAIM unto the grantcc(s)their heirs.successors and assigns. forever, all the right. title. interest. claim and demand which the grantors) have in and to thereal property, together with improvements.if any,situate.lying and being in the County of and State of • Colorado,described as follows: UNTO CHARLES E. FRYE AND INGEBORG M. FRYE as joint tenants, an undivided 1/8th interest; UNTO DOROTHY M. DARDEN, an undivided 1/8th interest, and UNTO LYDIA FRYE, an undivided 3/4ths interest in and to all of Lot A and Lot B of Recorded Exemption No. 0807-10-2-RE723, pursuant to Plat recorded December 7, 1984, in Book 1051 under Reception No. 1991399 of the. Weld County Records. III also known by street and number as: TO HAVE AND TO HOLD the same•together with all and singular the appurtenances and privileges[hereunto belonging or in theanywise proper to use.appertaining,and behoolthe f estate.gright,title,their and claim whsignvfr grantor(s).cither in law' or equity.to their the only proper use.benefit and bchoof of the gnn[ce(s). •s signs fetes r. IN WITNESS WHEREOF.The grantor(s)ha executed this d d o date set a C CHARLES E. E m. rgt.t•b AG ter 'RYE /11• _ I .trYll 4 kk<Yk. —17y0 � g .4t.)(12 HY M. DAdDk/N STATE OF COLORADO, as. County of WELD The foregoinginstrument was acknowledged before me this ? day of V ,1987 , by LYDIA FRYE, CHARLES E. FRYE AND INGEBORG M. FRYE My commission expires 5- )3 19p c].Witness my hand and official seal, in uA C( .mnP"b5ie (3t9-e 939 '11 in Denver,insert"City and." • • 3.C5 No.933.Rev.MS. QUITCLAIM DEED Bradford WMivhiny,5800 W.Oh Ave..Dkowod,Co 50215-(303)2).3.65O0 �t • • CD n _ 0 7 ti y 0 'C r• a - n y 1 f 771 5. 21 c rt c _ - ° - C rA n n _girt) - - n171- t w 5 °o 7 I CCLA.C7 3r,?? , Gv C/ 7 :- wr -4-, C O 20 S`S`c5 e" u B 1154 REC 02097211 04/27/87 1120 $6.00 2/002 CO F 1085 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, STATE OF CALIFORNIA ""nr - COUNTY OF Orange On aPril ,19 7 — �_before me,the undersigned,a o,ry Pubic in and`or said state,personally —.e Ha rothy *;; Darden A!.SEAL :o r ...a PerS"aUv �t `I a:11' i r C ms o me an the basis of .�� 1-° " ,,, u one I-. 1_ )4_ ♦h Grs0n-_whose C r eComy r to h e vc ithin instrument „' T I�y Comm xp Wier 31,1909 she .,aced the same tit °ynatur . .j Notary bin in and said state • B 1154 REC 02097212 04/27/87 11:20 $9.00 1)003 A R2097212 F 1086 MARY ANN FEDERSTEIN CLERK & RECORDER WELD CO, CO QUIT CLAIM DEED !, THIS DEED,Made this 3rd day of April •19 87 'li between LYDIA FRYE and DOROTHY M. DARDEN of the `County of Weld and State of Colorado,grantor,and CHARLES E. FRYE AND II INGEBORG M. FRYE 'I II I whose legal address is 34896 Weld County Road 19, Windsor, CO 80550 I I of the County of Weld and State of Colorado,grantees, I' ' WTfNESSETH,That the grantor.for and in consideration of the sum of Ten dollars and other .. good and valuable consideration ^ .S • �I the receipt and sufficiency of which is hereby acknowledged.hasremised,released,sold.conveyed and QUIT CLAIMED.and by these i presents does remise.release,sell,convey and QUIT CLAIM unto the grantees,their heirs.successors and assigns forever,not in i tenancy in common.but in joint tenancy,all the right.title.interest.claim and demand which the grantor has in and to the real property, together with improvements.if any.situate.lying and being in the County of Weld and Stare of Colorado.described as follows: DESCRIPTION OF THE PROPERTY HEREBY CONVEYED IS II t HERETO ATTACHED AS EXHIBIT "A" AND IS MADE A PART HEREOF BY REFERENCE. I I also known by street and number as; 34896 Weld County Road 19, Windsor, CO 80550 TO HAVE AND TO HOLD the same,together with all and singular the appurtenances and privileges thereunto belonging or in anywisencereunto appertaining.and all the centre.right,title,inxrest and claim whatsoever,of the grantor.eitherin law or equity,to the • only proper usc.benefit and bchoof of the grantees.their heirs and assigns forever.The singular number shall include the plural,the plural the singular.and the use of any gender shall be applicable to all genders. I, IN WITNESS WHEREOF.The grantor has executed this deed on the date set forth above. t.'T( R I STATE OF COLORADO. 1 ss. County of WELD J The foregoing instrument was aeknowtedged before me in the County of Weld �y State of Colorado .this p day of piQALi .19 87, by LYDIA FRYE My commission expires .5'- 13 .19 ar ..Witness my hand and official seal. ,.,C.. 7 i J 1--k-�"L" �' d 34 12-13 M.A— . gt3q CA—)c'nd nei, Co 30550 9 m o O 'a "If in Denver.insert"City and.' ' • • i No.962.Rev.5-84. Quid CLAM Dana ',Son]mmlimmg.vn:5 w.um roe..tskwoC.CO meta—doh 205,5510 7,44 g 0 n o0ft I ,4 F ",�., a CD n '< r . rr o CA 'L op a �.O ,G a y o n L 7(Di s 7 © tW 7 '4 7 S ,a O O H N n '7 V `C n -o ° P m74 n l�yi I I ° . I co ,J• s B 1154 REC 02097212 04/27/87 11:20 $9.00 2/0O3 F 1087 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO -STATE OF CALIFORNIA COUNTY OF Orange April 22,1987 before me,the undersigned,a _ Public in and for said state,personally Dorothy M. Darden ..__ ,personally roved to me on the bass of �, �,,.... • to the person whose ... t '5 .... ..,... '� of 'iri Instrument .__She _ - rh. same. X OFFICIAL��,, Shawn Lynn Williams Notary Pablit California _ .I ^ ♦Iv,„-7,41):� PrnC'PaI Office In ♦ ` J��J. � Oranae County ♦ _712//�� LI IV i : My •Corrm.FxD Mar.31,1989 i Nc,tsry Fubl'.;in m.d sold state "" B 1154 REC 02097212 04/27/87 11:20 $9.00 3/003 F 1088 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO LEGAL DESCRIPTION A TRACT OF LAND LOCATED IN THE NORTHWEST QUARTER OF SECTION 10, TOWNSHIP 6 NORTH RANGE 67 WEST OF THE 6th P.M. , WELD COUNTY, COLORADO AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNgR OF SAID SECTION 10 AND CONSIDERING THE WEST LINE OF SAID SECTION 10 TO BEAR SOUTH 00 00' 00" WEST WITH ALL OTHER BEARINGS CONTAINED HEREIN BEING RELATIVE THERETO; THENCE SOUTH 00° 00' DO" WEST, 545.05 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 88° 07' 00" EAST, 235.13 FEET; THENCE NORTH 77° 25'_,00" EAST, 47.70 FEET.; - -- THENCE NORTH 65° 13' 00" EAST, 23.80 FEET; THENCE NORTH 46° 18' 00" EAST, 23.50 FEET; THENCE NORTH'25° 55' 00" EAST, 15.90 FEET; THENCE NORTH 37° 23' 00" EAST, 24.00 FEET; THENCE NORTH 43° 17' 00" EAST, 21,60 FEET; THENCE NORTH 57° 37' OD" EAST, 17.70 FEET; THENCE NORTH 71° 38' 00" EAST, 17.60 FEET; THENCE SOUTH 85° 41' 00" EAST, 27.10 FEET; THENCE SOUTH 75° 05' 00" EAST, 23.20 FEET; THENCE SOUTH 56° 00' 00" EAST, 20.80 FEET; THENCE NORTH 86° 25' 00" EAST, 37.30 FEET; THENCE SOUTH 38° 29' 00' EAST, 78,30 FEET; THENCE SOUTH 00° 21' 00" EAST, 110.80 FEET; THENCE NORTH 88° 32' 00" WEST, 182.50 FEET; THENCE NORTH 51° 13' 00" WEST, 62.60 FEET; THENCE NORTH 69° 39' 00" WEST, 56.00 FEET; THENCE NORTH 79° 37' 00" WEST, 23.70 FEET; THENCE SOUTH 88° 28' 00" WEST, 234.38 FEET TO A POINT ON THE WEST LINE OF SAID NORTHWEST QUARTER; THENCE NORTH 00° 00' 00" EAST, 19.59 FEET TO THE TRUE POINT OF BEGINNING; SAID TRACT OF LAND CONTAINS 1.019 ACRES, INCLUDING 0.014 ACRES IN WELD COUNTY ROAD RIGHT- OF-WAY, RESULTING Ill A NET AREA OF 1.005 ACRES, AND IS SUBJECT.TO ANY RIGHTS-OF-WAY OR OTHER EASEMENTS AS GRANTED OR RESERVED BY INSTRUMENTS OF RECORD OR AS NOW EXISTING ON SAID TRACT OF LAND. EXHIBIT "A" • • • AROz41CS3 eclat_ B 1296 REC 02247053 04/15/91 10:31 p 10.00 1/002 --•� °nN° — F 0004 MARY ANN FEUERSTEIN CLERK 6 RECORDER WELD CO, CO C9-- Cult Gia'inu7Jced, THIS DEED is a conveyance from the individualist, corporations) or other entity(ies) named below as GRANTOR to the individual(s)or entity(ies)named below as GRANTEE of whatever interest the GRANTOR may have in the real property described below. the GRANTOR hereby sells and quit claims to the GRANTEE the real property described below with all its appurtenances. Ilse specific terms of this deed are: G/BRICD blue camels)end planets)or residence:Ir the scouse or the ownengrantnr le ioining In this Dead to release homestead rights. identity grantors as husband and wile.) Lydia Frye 303 Conifer i/ 14 17indso_, CO 30550 Grantee: !Give name lsr and address lest:statement of address.including available road or street number.is required] Charles E. Frye and Ingeborg 11. Frye 34896 .702 19 1lindsor, CO 80550 Form of Co-Ownership: Ill there are Iwo or more maniacs named,they will be considered to lake as tenants in common unless the words in joint tenancy or words of the same meaning ate added In the space below.) • In Joint Tenancy Property Description: include county and stale) T•Ti; P 9P22T" I3 823CRI12D I'.'. EG iI'IT 11A1' /'.IC-.: IS irr .'aC:.JI) - 223.1'0 ._T I1TC0F20;L 'T2D `22111 _HIS 231'111_3:103. rConsideratinn: — DOLL1IS ._T) 07:3? 500D 57 1/1114T1.5171 C01T3Il}1'TATIOIT --- D Rn Property Address: 34896 71C2 19 Windsor, CO 30550 a p Reserval one-fleelllc"bn9: ill the GnTORis intends to the ReNTi igimme thepedyoraconeey less than lindim.nril the GRANTOR is restricting the GRANTEE'S rights in the pspperly.meta eppmpaiala indication) b i E.ecmee by the Gramm on -."'-'il 15. 1991 1g 91 Signer vie clan.Ito ca:roralaa.Partnership or Association: 2 sl9n.w1e Claus r Indicldp.11et: • lam / Name or Grantor Gorvoraeon.Partnership or Association Glamor By Grantor By Grantor Arles) STATE OF COLORADO I(. ss. U •"..: COUNTY OF A_..i1-- I • The roregmng instrument was annowiedgm belme me this IC.-h day al By' Lydia Frye / WITNESS my nand and official seal. � 1�N71•LJ.I ' 1i- My commission capitol: ( Cr9�,'Tr i': l- )j y13 (' r Helm p . STATE OF 1 ss_ •• COUNTY OF I - The to regamg velrumenl was achnowredged eclair ere this day of 19 By' I'namerndiei dual Grantor it or rl Grantor is Corporation.Palnerehrn or Association.then identity Mgneiles president or rice dissident end red dl•rygr assistant Secretary at corporation.Or Its?vinery et of partnership.ee ai authorized membeN,I of aaMer•Iron I WITNESS my hand and official seal My commission noires 1 Notary Public e 19e1 UPDATE LEGAL FORMS l✓/J PO.Bea IBIS-Greeley.Colorado 80632 0031356-1199 NO.203 Alk INF 1s 1296 REC 02247053 04/15/91 10:31 10.00 2/00'2 F 0005 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO EXIiI3IT "A" • DESCRIPTION: A tract of land located in the Northwest Quarter of Section 10, Township 6 North, Range 67 West of the 6th P. N. Weld County, • Colorado being more particularly described as follows: Commencing at the Northwest corner of said Section 10 (as monumented by a 14 rebar) and considering the West line of said Northwest Quarter to bear South 00'08'13" :'hest with all bearings contained herein relative thereto; (the West Quarter corner of Section 10 being monumented by a 2" iron post with aluminum cap stamped Drexel Darrell IS 2149) Thence South at 47'18'33" East, 669.23 to ;64 rebar with plastic can stamped LS 7242 representing the Northeast corner of a tract of land described in book 1154 under reception number 2097212 of the • records of Weld County; said Point being the true Point of beginning; thence along the North line of said tract the following 4 courses, the terminus of each course being monumented by a #4 rebar with cap stamped LS 7242; South 86'25'00" West, 37.30 Feet North 56'00'00" West, 20.80 Peet North 75'05'00" West, 23.20 Feet North 85'41 '00" West, 27.10 Feet Thence detarting from the North line of said tract, North 01 '00'28" West, 112.45 feet to a #4 rebar and can stamped L3 20685; thence South 39'13'10" East, 164.47 feet to the true point of beginning. Said parcel contains 5, 992 square feet more or less and is subject to any easements or rights—of—way of record or that may now currently exist on said tract. This plat of survey is recorded in gook 1295, Reception number 2247006, Weld County, Colorado I ., HIE 11111 IIIRIIl 1111111111 Int III 111111111111 • 2666993 01/14/1999 02:35P Weld County CO C-ei 3 1 of 1 R 6.00 D 0.00 JA Sukl Taukamoto J PERSONAL REPRESENTATIVE'S DEED (Testate Estate) THIS-DEED-is-made by CHARLES-E,FRYE as-Personal-Representative of the Estate of-Lydia. Frye, Deceased, Grantor, to: CHARLES E. FRYE, whose address is 34896 WCR 19, Windsor, CO 80550,and DOROTHY M.DARDEN,whose address is 3327 Calle La Veta,San Clemente,CA 92672, Grantees, as tenants in common. WHEREAS, the above-named decedent in her lifetime made and executed her Last Will and Testament dated September 22 1986, which will was duly admitted to formal probate on September 4, 1998, by the District Court in and for the County of Larimer, and State of Colorado, Probate No. 98PR250; WHEREAS, Grantor was duly appointed Personal Representative of said Estate on September 4, 1998, 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, convey, assign, transfer and set over unto Grantee for and in consideration-of Ten-Dollars-and other good-and•valuable consideration, the following-described-real- property situate in the County of Weld and State of Colorado: An.undivided 3/4 interest in and to the NW '/4 of Section 10, Township 6 North, Range 67 West of the 6th P.M. EXCEPT that part thereof conveyed to Theodor Damrau and Enuna Damrau by Deed recorded April 12, 1979, in Book 865 under Reception No. 1787126 of the Weld County Records and EXCEPT that part thereof conveyed to Charles E. Frye and Ingeborg M. Frye by Deed recorded April 27, 1987, in Book 1154 under Reception No. 02097212 of the Weld County Records. Said real property is also described as all of Lot A and Lot B of Recorded Exemption No. 0807-10-2-RE723 pursuant to Plat recorded December 7, 1984, in Book 1051 under Reception No. 01991399 of the Weld County Records. Together with an undivided 3/4 interest in and to 160 acre foot units of The Northern Colorado Water Conservancy District and together with the landowner royalty described in the Quit Claim Deeds recorded April 16, 1984, in Book 1027 under Reception No. 01963137, in Book 1027 under Reception No. 01963138, and in Book 1027 under Reception No. 01963139. It is the intention of Grantor to convey the above described real property and water rights to Grantees equally, with Charles E. Frye receiving an undivided 3/8 interest and Dorothy M. Darden receiving an undivided 3/8 interest, as tenants in common. With all appurtenances, free and clear of all liens and encumbrances, except: Subject to real property taxes for the year 1998, payable in 1999;protective covenants, restrictions, reservations and liens of statutory districts, if any of record; rights of way or easements, if any, as now constructed or of record; and the rules and regulations of any applicable governmental authority as to use, subdivision or building code. As used herein,the singular includes the plural and the masculine gender the feminine and neuter genders as.the context may require. EXECUTED this I`, day of January, 1 arles E. Frye, as sons R resentative of the Estate of Lydia Frye, Deceased STATE OF COLORADO )ss. COUNTY OF \.1.jf \C I ) The foregoing instrument was acknowledged before me this � , day of January, 1999, by Charles E. Frye as Personal Representative of the Tate of Lydia Frye, Deceased. 1 WITNESS my hand and official seal. Notary Public My commission expires: My Commission Expires '. 10/28/2002 P L" n:. 03/28•99 07',36 • •• NAT. 06 99 (Sall OS 15 TPAFN aATrON no 606 0003 PALL ] • 0-DI-T- F Lid -IS- D-FED THIS 696, bade this Lt day at Sc. 1114 atMMM CLer1Y a. 9t'A, Int4bur9•N. Pry', itvtn 1. 1VNatt Nll GWkn4Mer J. raye at tin Calory at gale sod Yt:te at talora60. trentor,and DotatIy N. Tanta Ora. Leta sedrat tc 3327 Calle LaVeta, San Clemente, CA 92672 at Ch. County of ideal and itata of Colota00. gasatirl rM tM r..*a t0 ....M .afla at rid M Y r4 iID 60/1aa, I Sa.lal ushers. aids e0 at 4t ,e 94. 4 to Nwtp t+alags tart.taS..4 wkWt. alt ael 0,11916, ai4 b tpew Wtaaatt Apo earn, taints. salt-sat- t ueN-s s- WII.-Sss).i as wartarla) Ya lea..,. W.�aeiafa... tit1Me.� �aMaeyt. sea s....a gable iC+�ataad at WWIein6M1in to tea a `Z n ettna 1Yte er 6u1s .. WaaaW Y 1Yitava, ttala4Ld spy :mart irk aid to this following tamarind DraaatY Cann A sad S at ✓Maa6 laIate4w go. isol-lag-aslrl, recur *4 aacaupar 9, 1914 In Lek 10S, at a.cytaR 5. Sar1199i Waif a 3Yrt at the llrl/a or laation So, 1'OYatalP t &beta, S ang. I1 NW Ok W act P.M., Csa.ty of L16. state a colors:es aJn S_by street_so&Molar-a,- I-baba*. St YYl AM m Nap tat as, ayewt aorta all aidy a11aatptaMaiaaaa.ysttWnt .ai estaa� Dri.ilew Wettsw S.lnQLa a La aq'fl*5 ttbsrnalrw�as Ol L9l 1 Salsa.1t o Sr or na tyb1. allL peoprt r ak ahgot)t9 u Oa gg;rratan d-. —Mitt-a a or▪ e.. • War 14s..t ue .Wad Illanaler, !ta 9eaaLalal bas clnwbt talc east ma at-eon at ton /S ,l 1 N11. luplou Marla E, hr. CLiltwlaor 1. Prye SngeM g Y, hy. can 0a WotlLO. ea, The tonguing lnatrlant at9 .eYnaakaotl Wren eauoty ar Weld t as this gat day at puce, 1199, 1y Lauds. a. hys, t.waag a. Pry., YitMY H hand and oftid.r peel, Sy-atwlaMtt-aays.4 Sawa 1+.-War_ VOTARY Rmaxc 129s gnat at. t.933. 9N. 1.e5 91aD9ar. =St 10550 111111111111111 111111111111111111111 111 11111 It VIII 2700858 06/16/1999 04:12P Weld County CO 1 of 2 R 11.00 D 0.00 JA Sukl Taukamoto RECORDER'S MEMORANDUM THIS DOCUMENT WAS FOUND TO BE_INADEQUATE FOR- SCANNING BURROSES, 03;28/00 07.33 • • U09 .. MAY. 20 11 ?F RI) Oe: TRMNauAT10N 970 616 OBI! p a¢2 groat OP PENNSYLVANIA ma. =WYE OP INDIANA 1 'Lae foregoing laatraant was antmmwladged haters fa °his 28th day of May 19PP by Vivian F. Supinka Pltnaes my amyl and oftteial sal. :.•BHT L, J:''.,. My oommaisadaa sxpinsr C:•.•-..•.,• N ., C �2cRa = i r -••• eCt'AIX PWraic i OF •r'...7s .45-•'p;'c NOTARIAL SEAL ' Cathy L Friel Notary PubIO . ./'/Y p U©~•' Indiana County,Indiana,PA •,,,,, My Commission Expires Nov.15,1999 aura OP aa. TOXIN OP The foregoing loacsvernt rag acknowledged bef owe me this day of . Sall by Wawa my hued end official seal. ly amtntaaiom wiriest • MoTJlY p%Li: • III I 111111111111111(11111111111111111 I I 11111111111111 2700858 06/16/1999 04:12P Weld County CO 2 of 2 R 11.00 D 0.00 JA Suk1 Tsukamoto •W.V. 70 ' 99 (FRO) OB 15 :1�wN RNATION 470 606 000 PAt!. 1- - - QUIT CLAIM DEED TRtT Olen, Nada title 1st day ofduns, 1999 between Chariot f, ewe, zngtb0rg It. ?rye. Vivian T. $vpink• and thrfstopner O. inc of the County-of field-and-state-of Colorado-, p.entua,ant Dorothy M, Deaden whom. legal tear„. L , 3327 Calle LaVeta, San Clamente, CA 92672 of the County of Weld and Beata of Colorado, grantees, WITIMISITIC, That the greatmle) for and in araaSderetiea of the •va of Ted Ran 00/100. lISO.0a1 Dollars. the statist .M eutfiataney al whaeb is t�awlelp.d, lave ..frond relented, sold end Doi: aar.n, mod by Osseo rota • ens raai•a relent., sell and Doti CCU unto Sbm vim+ r..la , bee lain, anatees Sad asst s orever, all eltl., 1atWea, oast* as donne swish the. gc.atorls) hawe in and to the reel p fly. < that with ispsovm.ete if any, titoate, lying end'min Y the County et WeSt andittat. of Coloreds, described to follows, bndtvided 50% intermit in end to the tolloving daeeribed property. Leta A and a of Recorded Srnvt ion NO. 0101-104-ACTH, recorded Oacmb.r 7, leas 10•Book 1051 as Snarl=Mn. 199111111, rotor a port a5 the On111 of section 10, Tewn•bip 5 Worth, Range e7 Meet of the 5th TM., County of Meld, etata of Colorado,. oleo known by atrest and nu,M.r as , Colorado TO tall MO To NOLO the aaa., together with a1ll med alewlao gpureaheaee1 sad priLt1etea 9tereonto boltnglnM ae in ugvt.. matt eo • attaining, and all tli* estate right, title infarct and atria whst•anr, or gran either Law m sporty. to the ally proper use, baneful and bebop of • ge • , bar be d micros forever. at rattan :m1 The esates) have ewe . .date t ttV a L Frye r Co - "/ .Leb�j� 9 pier J. .rye Inpabodig M. 1 e ¢Tart OP COWoADO. I es. The fareyoLug inetrurant wee acknowledged before County of Meld ma this let day Of June, 1101. by Chattel t. Pry*, fnefborg M, Frye., Witnen 0y had ad -fti-lal nazi. My lesion •TI t &te mvdms y.It. 241.1P r / NOTARY PCPL.IC DARELLA L i 1295 Main St, ad.931. Rey. 3-35 BL0CH Mtnamor, al.JRADo x2550 n. fO !F rot THIS DOCUMENT MEMORANDUM FOUND TO BE SCANNING BUQ UATE R BUR ROSES. . 1111111131111111111111111111111111111111111111111I11 2700859 06/16/1999 04:12P Weld County CO 1 of 2 R 11.00 0 0.00 JR Sukl Taukamoto MAY 22 99 (F3[) D9.:$ IIII6KAT:ON 970 686 088• PAGE STATIC OF eakfiio ) se. commit or (veto 1 47/4_ The foregoing instrument was acb%nw1 Ce Sjstore m! this of day of /�u, i 19999 by l.. yl'�+�^�`S, ,1/40R1.PUB p,. �/ Witness my hand and official seal. ..:C My o Son sncpirre: /7.2).2C�� r 0ARELLA L., / I /�Uy�i '. BL0CH Is* //IIXX�� NOT P0R Sc qTF OF CO\pO ETATC OP ) ea. COUNTY OF The foregoing instrument was acknowledged before me this day of 1999 by Witness csn iaial meal, My commission cxpiree NO • 1111111 11111 IMF illll 1111111111111111 III 11111 IIII 2700859 00/10/1999 04:12P Weld County CO 2 of 2 R 11.00 0 0.00 JR Sukl Tsukamoto • III III 1111 11111111111111 TIE E III III 2700960 06/16/1999 04:12P Weld County CO 1 of 2 R 11.00 0 0.00 JR Suk1 Tsukemeto QUIT CLAIM DEED THIS DEED, Made this 1st day of June, 1999 between Dorothy H. Darden of the County of Weld and State of Colorado, grantor,and Charles E. Frye and Ingeborg H. Frye whose legal address is 3yBq` „L° Rat-1-410.04,et_/ c2. °Sea of the County of Weld and State of Colorado, grantees: WITNESSETE, That the grantor(s) for and in consideration of the sum of TEN AND 00/100, ($10.00) Dollars, the receipt and sufficiency of which is hereby acknowledged, has remised, released, sold and QUIT CLAIMED, and by these presents does remise, release, sell and QUIT CLAIM unto the grantees , their heirs, successors and assigns forever, not in tenancy in common, but in joint tenancy, all right, tit , nterh interest, claim and demand which the grantor has in and to the real property, together improvements, if any, situate, lying and being in the County of Weld and State of Colorado, described as follows: SEE EXHIBIT "A" ATTACHED HERETO} AND MADE A PART HEREOF _K� AX cQApm n AcWronQ also known by street and number as roLo'=d- I A TO HAVE AND TO HOLD the same, together with all and singular appurtenances and privileges thereunto belonging or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever, of the grantor, either in law or equity, to the only proper use, benefit and behoof of the grantees, their heirs and assigns forever. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all gssepppders. ��. IN-WITNESS WHEREOF, the-grantor executed- th' deed-on the-daid„met - abo�va- Dorothy Darden vdVnl••C/L/l��l` STATE OF CALIFORNIA, } } se. The foregoing instrument was acknowledged before County of OrW1 t me this 24Th day of May, 1999, I W— ;JN/F✓ by Dorothy H. Darden Witness_ my ban official seal. CHARLES FRASER My commission expir a I2-F-9j5 N comm.pi080042 NOTARY PUNIGCALIfORNO N T. Orange Cooly W My Comm.Eons 0“.10.1999 t ND Y PUBLIC No.962. Rev. S-04 IN ILL 111111 IIIII 11411 111 III 11111 III!I II 2700860 06/16/1999 04:12P Weld County CO 2 of 2 R 11.00 0 0.00 JR Sukl Tsukamoto "EXHIBIT A" LEGAL DESCRIPTION DESCRIPTION' A TRACT OF LAND LOCA ED IN ;THE NORTHWEST QUARTER OF SECTION 10, TOWNSHIP 6.-NORTH,; RA E 67 WEST or THE 6TH P.M., WELD COUNTY, COLORADO BEING MORE.- ARTICULARLY. DESCRIBED AS FOLLOWS: : . COMMENCING AT THE N(IRTHWEST:'CORNER OF'SAID SECTION 10 (AS MONUMENTED BY A #4�BAR) AND.CONSIDERING THE WEST LINE OF SAID NORTHWEST,QUARTER,.T BEAR.SOUTH 00'08'1.3". WEST WITH' ALL BEARINGS CONTAINED H6REINRELIVE THERETO; (THE.,WEST,QUARTER CORNER OF SECTION 10=:BEING'•MONUMENTED BY A 2"':IRON .POST WITH ALUMINUM CAP STAMPED DREXEL'BARREJ_L`.LS 2149) THENCE SOUTH 4718138" EAST, 669;23 TO 7 #4 'REBAR WITH PLASTIC CAP STAMPED IS 7242 REPRESENTING THE NORTHEAST, CORNER OF A TRACT OF LAND DESCRIBED IN BOOK 1154 UNDER RECEPTION NUMBER 2097212 OF THE RECORDS .OF. WELD COUNTY, .SAID.POINT'BEING THE TRUE. POINT.OF BEGINNING; THENCE ALONG THE NORTH LINE OF. SAID TRACT THEE „ t- ,.;�. ,l,if G.�&�l4GRUR` iy¢p''}��' `�°-'GOURSE,ET-Di V.,MONUMENTED-f B '. REBAR WRH,'G. "4TAMPED L$ 7242 • SOUTH 86'25'gd ST, 37.30• FEET NORTH-56'00 00' ST 20.80 FEET NORTH:75 05 00';� $T 23.20 FEET . NORTH 85 41 Ofl ,WEST 77110 FEET THENCE DEPARTING FROM'THE .NORTH LINE OF SAID TRACT NORTH 01'00'28" WEST, 112,45 RET"TO A #4.REBAR AND. CAP: STAMPED LS 20685; THENCE -SOUTH''3013'.10"-,EA T .x64.47. FEET TO THE TRUE POINT: OF BEGINNING. SAID PARCEL :CONTAINS',5,992 SQUARE FEET MORE OR LESS AND .15.SUBJECT 'TQ: ANY EASEMENTS, OR RIGHTS-OF-WAy OF RECORD OR THAT MAY NOW CURRENTLY EXIST ON SAID TRACT: NOTE: AT THE REQUEST'dr MY CLIENT NO RECORDED' EASEMENTS OR RIGHT-' OF-WAYS HAVE'BE RESEARCHED' NOR WERE ANY APPARENT OR RECORDED EASEMENTS .kN0 RIGFRS+-OF-WAY REQUESTED TO BE SHOWN ;HEREON. - IURVEYORS CERTIFIWE...,%� .. I KEVIN KING,"A DULY REGT$TERED LAND SURVEYOR IN.:-.THE, STATE OF COLORADO, DO HEREBY.CERTIFY 'THAT THIS PLAT WAS PREPARED, FROM THE RESULTS AN-ACTUAL. FIELD SURVEY:;MADE BY ME OR UNDER'MY' DIRECT SUPERVISION:AND THE arlEORMATION SHOWN HEREON IS TRUE AND.CORRECT TO THE BEST OF MY Bttltr AND KNOWLEDGE _ RECORDER'S MEMORANDUM 1T��qq THIS DOCUMENT WAS FOUND i85 - TO BE INADEQUATE FOR p� SCANNING PURPOSES. Yq!1.aO'0' I, "1!rpf1111t4U\\ _�-_ 111111111111111111 111111111 i1111fIIlll III1111t11n1111 2700091 09/19/1999 04:13P Weld County CO 1 of 2 R 11.00 D 41.20 JP Suitt Tsukamoto SSI WARRANTY DEED THIS DEED, Made this let day of June, 1999 between Dorothy M. Darden of the County of Weld and State of Colorado, grantor, and Hillside Commercial Group, Inc., a California Corporation a corporation organized and existing under and by virtue of the laws of the State of CALIFORNIA, grantee: whose legal address is P. 0. Box 272730, Fort Collins, Colorado 80527 WITNESSETH: That the grantor, for and in consideration of the sum of FOUR HUNDRED TWELVE THOUSAND AND 00/100, ($412,000.00) DOLLARS, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the grantee, its successors and assigns forever, all the real property together with improvements, if any, situate,lying and being in the County of Weld and State of Colorado, described as follows; SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREO�F-�-� also known by street and number as .rr-Ae3nradn' �A+"^�$' an u��aa�yaa.(+�� 0C, TOGETHER with all and singular the hereditaments and appurtenances thereunto Dbelonging, or in anywise appertaining and the reversion and reversions, remainder and Pi remainders, rents, issues and profits thereof, and all the estate, right, title, "1G °interest, claim and demand whatsoever of the grantor, either in law or equity, of, in A\.9- 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, its successors and assigns forever. And the grantor, for himself, his heirs and personal representatives, does covenant, grant, bargain, and agree to and with the grantee, its successors and assigns, that at the time of the ensealing and delivery of these presents, he is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, well and- convey tliw snit in-manner-and Ears-aw sfuresni3, and that the see are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, except general taxes for 1999 and subsequent years; except easements, restrictions, covenants, conditions, reservations and rights of way of record, if any; The grantor shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable possession of the grantee, its successors and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF, The grantor has executed t s deed on to set b above. D rothy K. nerd n STATE OF COLORADO } / } en. The foregoing instrument was acknowledged before County ofDn4'4 t } me this agep day of May, 1999, by 1 ;Wit Dorothy M. Darden My commission expires Witness my hand and official seal. NOT Y UBLIC No. 952. Rev. 3-85 1 CHARLES FRASER '% Comm.X 1080042 1, 0Irk I`.p S:- NOTARY PUBLIC-CALIFORNIA N ' �5.L'T./ Oenp,County .. Mt Cons.Expire Ds.10,1999 t • 11111 1111111111 III 1111111112111 Tof 2 R1,00 0 41.20 JA Su 1 1181 ke 3P Weld County CO 2 Taukam to "EXHIBIT A" LEGAL DESCRIPTION Undivided 506 interest in and to the following described property. Lots A and B of Recorded Exemption No. 0807-10-2-RE723, recorded December 7, 1984 in Book 1051 as Reception No. 1991399, being a part of the NW1/4 of Section 10, Township 6 North, Range 67 West of the 6th P.M. , County of Weld, State of Colorado. TOGETHER WITH AN undivided fifty per cent (50%) interest in 160 units of the waters from the Northern Colorado Water Conservancy District TOGETHER WITH an undivided one-quarter (1/4) interest in the four (4) shares of the Latimer E Weld Irrigation Company TOGETHER-WLTA-an undivided. ane-quarter (1/4). interest in the four (4) shares of the Larimer E Weld Reservoir Company TOGETHER WITH an undivided one-quarter (1/4) interest in the two (2) shares of the Windsor Reservoir and Canal Company TOGETHER WITH an undivided one-quarter (1/4) interest in the two (2) shares of the. Finley Lateral. Ditch-Company • 11111111111111111111111 l%��iii 11111111 ill 11111��lilt 2700863 06/16/1999 04:17P Wald County CO 1 of 3 R 16.00 D 0.00 JA Suki Taukamoto WARRANTY DEED THIS DEED, Made this 28th day of May, 1999 between Charles E. Frye, Ingeborg Frye, Christopher J. Frye and Vivian F. Supinka of the County of Weld and State of Colorado, grantor, and Weld 152, LLC, a Colorado limited liability company whose legal address is P.O. Box 27273O, Fort Collins, CO 8O527 o£ the County of. and.State of_Calif- rnia.,. grantees:- T may, WITNESSETH That the grantor for and in consideration of the sum of;kt' (�dw s �/� an der yfccd sent ka/V?hk-- ec-.iSide/, 4-1 ofl1 the receipt and sufficiency of which is her by acknowledged, has granted, oezgained, 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: SEE EXHIBIT `A" ATTACHED HERETO AND MADE A PART HEREOF also known by street and number as , , Colorado 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, x ,;,_, interest, claim and demand whatsoever of the grantor, either in law or equity, of in („V-'' and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantee, his heirs and assigns forever. And the grantor, for himself, his heirs and personal representatives, does covenant, grant, e time of the t, bargain, and agree to and with the grantee, his heirs and assigns, ove at tensealing and delivery of these presents, he is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and the same bargains,are free and clear from all former and other grants, sales, liens, taxes, assessments,- encumbrances and restrictions of whatever kind or nature soever, except general taxes for 1999 and subsequent years; except easements, restrictions, covenants, conditions, reservations and rights of way of record, if any; • The grantor shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in- the- quiet and-peaceable-possession-of the-grantee- hi-w 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 ingular, and the use of any gender shall be applicable to all genders. �abova. IN WITNESS WHEREOF the grantor has executed/this deed on th da _ , et fo 7 K Charles E. F - fvf 9 ‘ tan F. Supinka I b g �r'ye i d: . F 1 Ch}rs topp e J. Fry STATE OF- COLORADO- ]- ss. The foregoing instrument was acknowledged before County of Weld ) me this 28th day of May, 1999 by Charles E. &RyI rg Frye DARELLA L.\ Witness my hand and official seal. BLOCH My com sign expires ve r O01 N\ OF CO\- .G4' NOTARY PD LIC 1295 Main St. No. 932A. Rev. 7-04 Windsor,. COT/)PAD(1 Rase 111111111111111111 Ellin 11111111111III11111 liii ill 2700863 06/16/1999 04:17P Weld County CO 2 of 3 R 16.00 0 0.00 JR Suitt Teukamoto STATE OF PENNSYLVANIA ) ss. COUNTY OF INDIANA ) The foregoing instrument was acknowledged before me this 27th day of May , 1999 by Vivian F. Supinka Witness my hand and official seal. My commission expires: CatifiA, Of. /U-v E L,„:;,‘„),0N,,,,.„...-..-;„\ F NOTARY PUBLIC? i 6 c*.r :. OF _ Sls N 7:Y NOTARIAL SEAL \ /.,,\P, ,-L` .:2 ,$7 Cathy L.Friel,Notary PuhK ;yRy P•y O''.�'� Indiana County,Indiana,PA " . ,, ,,,,,,N' My Commission Expires Nov.15,1999 STATE OF (7071YC7[/C' ) ss. COUNTY OF (,U,61 d ) o The foregoing instrument was acknowledged L� before me-this�p .,1u - day of l, /ly/ , 1999 by !? Yl Sk,Dfrr J. r/rir /" '"'� Witness my hand and official seal. ;SPRY POPt My commission ex ires: /-/5t 2 2, �� deli i F OAfl ELLA 1... ., ti � i BLOCH i % . NOTARY PUBLIC 1llh OF f CO��Qps IA 1111111111 2700863 06/16/1999 04:17P Weld County C0 3 of 3 R 16.00 D 0.00 JR Suitt Taukamato "EXHIBIT A" LEGAL DESCRIPTION Undivided 50: interest in and to the following described property. Lots A and B of Recorded Exemption No. 0807-10-2-RE723, recorded December 7, 1984 in Book 1051 as Reception No. 1991399, being a part of the NW1/4 of Section 10, Township 6 North, Range 67 West of the 6th P.M. , County of Weld, State of Colorado. TOGETHER WITH AN undivided fifty per cent (50%) interest in 160 units of the waters from the Northern Colorado Water Conservancy District • X11111111111111111111 IIIII��lilt III HE IL liil 2700864 06/16/1999 04:17P Weld County CO 1 of 2 R 11.00 D 0.00 JA Sukl Tsukamato 2AA QUIT CLAIM DEED THIS DEED, Made this 1st day of June, 1999 between Hillside Commercial Group, Inc. , a California corporation of the County of Weld and State of Colorado, grantor,and Weld 152, LLC, a Colorado limited- Liability company whose legal address is p•0• Box 27273D, Fort Collins, CO 80527 of the County of Weld and State of Colorado, grantees: WITNESSETH, That the grantor(s) for and in consideration of the sum of TEN AND 00/100, ($10.001 Dollars, the receipt and sufficiency of which is hereby acknowledged, has remised, released, sold and QUIT CLAIMED, and by these presents does remise, release, sell and QUIT CLAIM unto the grantee(s), their heirs, successors and assigns forever, all right, title, interest, claim and demand which the grantor(s) has in and to ethCounty of WeldyandoState ofith Colorado,•ements, if described as y followats, lying and being in SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF also known by street and number as , , Colorado TO HAVE AND TO HOLD the same, together with all and singular appurtenances and privileges thereunto belonging or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever, of the grantor(s), either in law or equity, to the only proper use, benefit and behoof of the grantee(s), their heirs and assigns forayer. IN WITNESS WHEREOF, The grantor(s) has executed this deed on the date set forth above. Hillside Commercial Group, Inc., a California corporation BY ,i'I 0. 1VY� `(.�� A. Turner, President STATE OF , } ss. The foregoing instrument was acknowledged before County of Weld } me this 1st day of June, 1999, by Jon A. Turner, President of $a Hillside Commercial Group, Inc., a California corporation Witness my hand and official seal. My commission expires 5.a[{.. 0C);), 0,1• tiCk .i • WGCC) GLORIA J. ( NOTARY PUBLIC `• KO CH 1295 Main Street N O No.933. Wjtt, 3-B5,�'Qp Windsor, Colorado 80550 EOF CO, AIM 11111111111IIII!11III1111 BIB Min DEB 2700864 06/16/1999 04:17P Wald County CO 2 of 2 R 11.00 D 0.00 JR Suki Isukamoto "EXHIBIT A" LEGAL DESCRIPTION Undivided 50% interest in and to the following described property. Lots A and B of Recorded Exemption No. 0807-10-2-RE723, recorded December 7, 1984 in Book 1051 as Reception No. 1991399, being a part of the NW1/4 of Section 10, Township 6 North, Range 67 West of the 6th P.M. , County of Weld.,. Stag af. Colorado. TOGETHER WITH AN undivided fifty per cent (50%) interest in 160 units of the waters from the Northern Colorado Water Conservancy District TOGETHER WITH an undivided one-quarter (1/4) interest in the four (4) shares of the Larimer E Weld Irrigation Company TOGETHER WITH an undivided one-quarter (1/4) interest in the four (4) shares of the Lorimer 0 Weld Reservoir Company TOGETHER WITH an undivided one-quarter (1/4) interest in the two (2) shares of the Windsor Reservoir and Canal Company TOGETHER WITH an undivided one-quarter (1/4) interest in the two (2) shares of the Finley Lateral Ditch Company • 62/22/2006 11:51 978-395-0997 NORTH WELD WATER PAGE 01/02 5 • BOARD OF DIRECTORS NORTH WELD COUNTY WATER DISTRICT CHARLES ACHZIGER 33247 HIGHWAY 85 • LUCERNE,CO 80648 RALPH PRIOR JOHN JOHNSON DON POSSELT DISTRICT MANAGER CE BUCK RINEHART NELS NELSON P.O.BOX 56 PHONE(970)356-3020 • FAX(970)3950997 wwwnwcwd,org a-mail: waler@nwcwd.org February 22,2006 Jon Turner King Surveyors Weld 152,LLC Brian Brinkman,Agent PO Box 272730 650 Garden Drive Fort Collins,CO 80527 Windsor,CO 80550 970.686.5011 This letter is in response to your inquiry regarding water service to the following described property, Approx.34998 WCR 72,Proposed Lot A,and Approx.34502 WCR 72,Proposed Lot B in a portion of the NW'' of Section 10.T6N,11.67W of the 6ts Prime Meridian_ Parcel080710000050 1. Water Service is presently being provided to the above mentioned property through meter#1034,located at 34896 WCR 72,SE.Lot. 2. North Weld County Water District is able and intends to provide water service to the above-mentioned property,provided all requirements of the District are satisfied. If contracts have not been completed with North Weld County Water District within one year from the date of this letter,the District may refuse to supply water to the above- mentioned property. The District reserves this right to refuse service,in the event that raw water is unavailable,and/or pipeline or Filter Plant capacity is not capable to provide additional service. Before a water tap may be purchased,the applicant must provide a copy of a Warranty Deed,a Physical Address,and this letter. 3. The District requests that for any County Process,including but not limited to a Recorded Exemption (RE),Subdivision Exemption(SE),Use by Special Review(USR),Planned Unit Development(PIJD),Minor Subdivision or Off-Site Construction Plans within Weld or Larimer County that the respective County place North Weld County Water District on the referral list. Furthermore,the District requests that the applicant submit the plat to North Weld County Water District for review prior to submitting the plat to the County for filing. The District may need additional waterline easement(s)or waterline improvements to provide service to the parcels being created or modified. If the plat is recorded without District approval,additional easements may have to be recorded and/or additional waterline improvements will need to be constructed in order to maintain or establish new water service(s). 4. The District recommends that anticipated raw water be purchased through the District The District guarantees treatment and delivery of water purchased. All water that is delivered with surcharge is subject to water availability. Water purchased through the District shall be 70%delivery of an Acre-Foot of water(228,000 gallons),if the allotment for Colorado-Big Thompson(CBT)project water,which is determined by the Northern Colorado Water Conservancy District,is 50%or greater. North Weld County Water District will restrict the delivery as necessary when the CDT allotment is less than 50%. A portion of the Raw Water Fee is utilized by the District to construct storage reservoirs. 5. North Weld County Water District does offer a Residence Only"11O"water tap. Water may be used for any purpose with this tap,but the user will be penalized when year-to-date usage exceeds the allotment. With this option the customer purchases only Yz of the Raw Water Unit. Therefore the District will deliver 35%of an Acre-Foot of water(114,000 gallons),if the allotment for Colorado-Big Thompson(CBT)project water,which is determined by the Northern Colorado Water Conservancy District,is 50%or greater. North Weld County Water District will restrict the delivery as necessary when the CBT allotment is less than 50%. With purchasing a RO tap,the customer is charged a different water surcharge rate than a normal customer. Refer to the following page for current rates. 6. The Plant Investment Fee pays for the infrastructure required to deliver 1 AFU(228,000 gallons). If usage exceeds the number of Plant Investments that were purchased,an additional Plant Investment Surcharge will be applied to your account. Plant Investments may be purchased to increase the amount of water to be delivered and avoid the Plant Investment Surcharge. Refer to the following page for a break down of the Districts'Tap Fees and Usage Rates. Sincerely, Alan Overton North Weld County Water District Pdl<pt DocualentaktAmerofOteu112006tTur°uJonBruJmunarian(Q82-06),doc 1 of 2 02/20/2006 11:51 9395-0997 •NORTH WELD WATER • PAGE 02/02 e BOARD OF DIRECTORS NORTH WELD COUNTY WATER DISTRICT CHARLES ACHZIGER 33247 HIGHWAY 85 • LUCERNE,CO 80646 RALPH PRIOR JOHN JOHNSON DON POSSELT,DISTRICT MANAGER CE BUCK RINEHART NELS NELSON P.O.BOX 56 PHONE ) 3 • /v( www.nwcwd.org(970• e-mail356-: water020@nFwcwd(970)org 395-0997 February 22,2006 The Tap Fees quoted below,shall be valid for ten(10)business days from the date the applicant receives this letter and the tap fees must be paid within the ten(10)business days to receive the fees as quoted below, After ten(10)business days,the costs will be subject to the then in effect rates(current cost)established by the District The District is not responsible for notifying individuals,banks,lenders,prospective buyers,real estate agents or anyone else,in any manner,of a change of rates and or fees. TAP FEES INSTALLATION COST Raw Water for One Acre-Foot Unit(AFU) $11,000 Meter Set Fee Lot A Storage Fee Portion of Raw Water Fee $1,000 $2,450 Base Portion of Plant Investment Fee $7,500 Distance Portion of Plant Investment Fee Meter Set Fee Lot B (6 miles) $1,800 TBD TOTAL Up-Front COSTS For STANDARD 521,300.00+Meter Set Fee Per Lot TAP PER LOT TOTAL Up-Front COSTS For RESIDENTIAL ONLY TAP PER LOT(See $15,300.00+Meter Set Fee Per Lot Paragraph 5) Price is valid for ten(10)business days from receiving this letter. Minimum Pressure 35 psi Normal Pressure Range 90 psi to 115 psi Maximum Pressure 125 psi After the water tap has been purchased(Raw Water AFU&Plant Investment Fee)the applicant has one year in which to have the meter set The District requites 45 days prior notice to setting a meter. If the meter has not been set within twelve months from the purchase date and the applicant requests to relinquish the meter,the District shall refund the applicant 98%of the purchase price paid by applicant. If the meter remains unset for thirteen to eighteen months after the initial purchase date and the applicant requests to relinquish the meter,the District shall refund the applicant 90%of the purchase price paid by applicant If the applicant does not choose to relinquish the meter within one year of the applicant purchasing the meter and the meter remains unset,the account will begin billing the minimum monthly amount Usage Rates and Fees Usage Amount Charge or Rate Per Month 0 to 10,000 gallons $25.00 Minimum 10,000 gallons and up $2.50 per 1,000 gallons Water Rental Fee North Weld County Water District no longer allows the renting of water from the District to stay out of surcharge. The District plans on adjusting the Water Surcharge Rate based on the District's water supply and the current market price of water. Water Surcharge Surcharge will be assessed when an account's year to date usage exceeds thew annual allotment. Currently surcharge is$0.10 per 1,000 gallons. This fee is to recover the District's cost to obtain additional water rights for delivery. THIS RATE IS NOT APPLICABLE FOR A RESIDENCE ONLY"RO"TAP. Rate Differential Charge North Weld County Water District's customers have the option of transferring Colorado Big Thompson(CBT) Project Water that they own or control to the District,on an annual basis. This water is utilized to increase the amount of raw water allocated to a tap. The District will treat and deliver this water without water surcharge. A Rate Differential charge of$20.00 per acre-foot will be assessed on all of these transfers. Plant Investment Surcharge When an account's year to date usage exceeds their Plant Investment Allotment(k of Equivalent Taps x 228,000 gallons),a surcharge will be assessed. The transfer of additional water will not remove this charge. Additional Plant Investments must be purchased to increase the allotment and reduce the Plant Investment Surcharges. 0 to 456,000 gallons above the Plant Investment Allotment $3.15 per 1,000 gallons More than 456,000 gallons above the Plant Investment Allotment $1.30 per 1,000 gallons Residential Only"RO"Taps Also;mown as Inside-Use Only taps. The water surcharge for a RD tap is currently$4.00 per 1,000 gallons. This surcharge is assessed when an account's year to date usage exceeds 114,000 gallons. Metal Doumanallsttrr of inuns2005\T emerlo*iranBnan(02-22-05).doe 2 oft Hello