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C MOk o9 O o 0 tn s58 0 0]Z ucam� g\" I/J m 04"a ,f - W O 1 I 639090 3,LI.91.00S re 5666-38 t050-83A0 :01/001^V 1050-83A0 :ON BOP 0 0 RESOLUTION RE: APPROVAL OF FOUR-LOT RECORDED EXEMPTION #4119 - DAVID AND JANICE DYER WHEREAS,the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board of County Commissioners, pursuant to its authority under Section 30-28-101(10)(d), C.R.S., did determine at a public meeting held in the Chambers of the Board,that a certain parcel of land, to be divided into four parcels, as shown on the plat known as Recorded Exemption #4119, does not come within the purview of the definition of the terms, "subdivision" and "subdivided land," and WHEREAS,the request for Four-Lot Recorded Exemption#4119 was submitted by David and Janice Dyer, 28248 Weld County Road 74, Greeley, Colorado 80615, c/o Terra West Real Estate Services,Attn:Cody Hollingsworth,800 8th Avenue,Suite 323,Greeley,Colorado 80631,for property which is located in part on the following described real estate, to-wit: Lot B of Recorded Exemption#1555; being part of the E1/2NE1/4,and W1/2NE1/4 of Section 34,Township 7 North, Range 64 West of the 6th P.M., Weld County, Colorado being more particularly described in the plat which shall be provided by the applicant and known as Exhibit"A," said plat to be recorded, and W HEREAS,this request is to divide the property into parcels estimated to be approximately 137 acres, 6 acres, 6 acres, and 6 acres. NOW,THEREFORE,BE IT RESOLVED by the Board of County Commissioners of Weld County,Colorado,that the hereinabove described parcel of land be,and hereby is,exempt from the definition of the terms, "subdivision" and "subdivided land." BE IT FURTHER RESOLVED by the Board that Four-Lot Recorded Exemption#4119 by David and Janice Dyer is, approved conditional upon the following: 1. AWeld 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. The applicants have proposed a well as the source of adequate water for Lot D. Property owners are advised that the quantity of water available for usage may be limited to specific uses,i.e.,"Domestic Use Only,"etcetera. Because each situation is unique, the Department of Planning Services encourages property owners to contact the Office of the State Engineer, Division of Water Resources (1313 Sherman Street, Room 818,Denver,Colorado 80203. Phone 303-866-3581), to discuss each individual situation. 2006-1706 RE4119 C(O; PL. , "IPA-,Ieler B7-aPo-Dlo 0 0 RE#4119 - DAVID AND JANICE DYER PAGE 2 3. Prior to recording the plat: A. The plat shall be titled: Recorded Exemption No. 0711-34-1 RE-4119. B. The applicants shall submit to the Department of Planning Services a new letter of authorization giving the Terra West Real Estate Services the authority to act as their agent through the Recorded Exemption process. C. The applicants shall reconfigure Lots Athrough D so they have access from Weld County Road 76,or submit to the Weld County Department of Planning Services a recorded copy of any agreement signed by all of the owners of the property crossed by the access. The access shall be for ingress and egress, and shall be referenced on the plat by the Weld County Clerk and Recorder's reception number. Evidence of the Department of Public Works approval shall be submitted, in writing, to the Weld County Department of Planning Services. D. All approved accesses shall be clearly shown on the plat. The applicants shall contact the Weld County Department of Public Works to determine if a culvert is necessary at any approved road access point. If a drainage culvert is required,a 15-inch Corrugated Metal Pipe(CMP)is Weld County's minimum size. If the applicants choose to place a larger culvert, the Weld County Department of Public Works must be contacted to adequately size the culvert. E. Weld County Road 76 is designated on the Weld County Road Classification Plan as a local gravel road, which requires 60 feet of right-of-way at full buildout. There is presently 60 feet of right-of-way. A total of 30 feet from the centerline of Weld County Road 76 shall be delineated right-of-way on the plat. This road is maintained by Weld County. F. Weld County Road 57 is designated on the Weld County Road Classification Plan as a vacated road. This road is not maintained by Weld County. G. The applicant shall address the requirements and concerns of the Weld County Department of Public Works,as stated in the referral response dated May 24, 2005. Evidence of such shall be submitted, in writing, to the Weld County Department of Planning Services. H. The West Greeley Soil Conservation District has provided information regarding the soils on the site. The applicant shall review the information and use it to positively manage on-site soils. The applicant shall address the requirements of Weld County School District RE-2, as stated in the referral response dated May 20, 2005. Evidence of such shall be submitted, in writing, to the Weld County Department of Planning Services. 2006-1706 RE4119 O 0 RE #4119 - DAVID AND JANICE DYER PAGE 3 J. Lots A, B, and C shall comply with the one (1) acre net minimum lot size required by Section 24-8-40.L of the Weld County Code. K. Lot D shall comply with the one-hundred twenty(120)acre net minimum lot size required by Section 24-8-20.C.3 of the Weld County Code. L. The applicants 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. M. The applicants shall submit a Private Improvements Agreement regarding collateral,for all improvements to the road and signs,for acceptance by the Board of County Commissioners prior to recording the plat, or the improvements shall be completed and approved by the Departments of Public Works and Planning Services prior to recording the plat. N. The applicants shall complete and submit the appropriate building permits and pay the appropriate fees to the Weld County Department of Building Inspection for the existing structures. O. The applicants shall address the requirements and concerns of the Galeton Fire Protection District, as stated in the letter signed by Clint Heidenreich. Evidence of such shall be submitted, in writing, to the Weld County Department of Planning Services. P. The applicants shall address the requirements of Weld County School District RE-2, as stated in the referral response dated March 3, 2006. Evidence of such shall be submitted, in writing, to the Weld County Department of Planning Services. Q. The following notes shall be placed on the plat: 1) All proposed or existing structures will meet the minimum setback and offset requirements for the Zone District in which the property is located. Pursuant to the definition of setback in the Weld County Code,the required setback is measured from the future right-of-way line. No building or structure, as defined and limited to those occupancies listed as Groups A, B, E, F, H, I, M, and R in Section 302.1 of the 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 the site must obtain the appropriate zoning and building permits. 2006-1706 RE4119 • 0 0 RE#4119 - DAVID AND JANICE DYER PAGE 4 3) Lots A, B, and C are not eligible for a future land exemption in accordance with Section 24-8-20.C.3 of the Weld County Code. 4) Prior to the release of building permits, the applicant shall submit a recorded deed describing the lot upon which the building permit is requested with the building permit applications. The legal description on such deed shall include the lot designation and Recorded Exemption number. 5) Prior to the release of building permits, the applicant shall submit evidence to the Department of Planning Services that Lot D has an adequate water supply of sufficient quality, quantity, and dependability. 6) Potential purchasers should be aware that Lot D may not be eligible for a domestic well permit which allows for outside irrigation and/or the watering of st ock animals. The State Division of Water Resources issues all well permits. 7) Potential purchasers should be aware that groundwater may not meet all drinking water standards as defined by the Colorado Department of Public Health and Environment. The Weld County Department of Public Health and Environment strongly encourages well users to test their drinking water prior to consumption and periodically thereafter. 8) Potential purchasers should be aware that approval of this Recorded Exemption does not guarantee that well permits will be issued for the lots. Any lot may be deemed non-buildable if the lot owner is unable to obtain a well permit. The State Division of Water Resources issues all well permits. 9) Prior to the release of building permits for any structure exceeding 3,600 square feet,the applicant must comply with the requirements of Appendix III-A of the International Fire Code. 10) Should noxious weeds exist on the property,or become established as a result of the proposed development, the applicant/landowner shall be responsible for controlling the noxious weeds, pursuant to Chapter 15, Articles I and II, of the Weld County Code. 11) Building permits shall be obtained prior to the construction of any building. Buildings that meet the definition of an Agricultural Exempt Building,per the requirements of Sections 29-1-20 and 29-3-20.8.13 of the Weld County Code,do not need building permits; however,a Certificate of Compliance must be filed with the Department of Planning Services, and an electrical and/or plumbing permit is 2006-1706 RE4119 0 0 RE#4119 - DAVID AND JANICE DYER PAGE 5 required for any electrical service to the building or water forwatering or washing of livestock or poultry. 12) Any disturbance of wetlands shall require the applicant to contact the Army Corps of Engineers for permits, pursuant to Section 404 of the Clean Water Act. 13) Effective January 1, 2003, building permits issued on the proposed lots will be required to adhere to the fee structure of the County-Wide Road Impact Program. 14) Weld County's Right to Farm Statement, as it appears in the Weld County Code, Appendix 22-E, shall be placed on the plat. 4. The applicants 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 Mylarplat shall be recorded in the office of the Weld County Clerk and Recorder by the Department of Planning Services. The plat shall be prepared in accordance with the requirements of Section 24-8-60 of the Weld County Code. The Mylarplat and additional requirements shall be submitted within sixty (60) days from the date of the Board of County Commissioners Resolution. The applicant shall be responsible for paying the recording fee. 5. 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 maoseco.weld.co.us. 6. In accordance with Weld County Code Ordinance#2005-7,approved June 1, 2005, should the plat not be recorded within the required sixty(60)days from the date of the Board of County Commissioners Resolution, a $50.00 recording continuance charge shall added for each additional three (3 )month period. 2006-1706 RE4119 0 0 RE#4119 - DAVID AND JANICE DYER PAGE 6 The above and foregoing Resolution was,on motion duly made and seconded,adopted by the following vote on the 26th day of June, A.D., 2006. BOARD OF •OUNTY COMMISSIONERS Ee,ATTEST: 12► '1 ��,� �� ELD CO � TY, COLORADO / (itsi I ( ' IG �!�� - � J. !1 ile, Chair Weld County Clerk to the - - �� ` 1 n , 4 t L David E. Long, -ro-Tem BY: �V Iiiand De Cler o the Board • <' Will' H. Jerke APP AS T Rob rt D. Masden C� y Atte ney Glenn Vaad Date of signature: 1/2-40 2006-1706 RE4119 © O 41811\ 4416 1 MEMORANDUM _: TO: Board of County Commissioners May 10,'2006 ins COLORADO FROM: Jacqueline Hatch, Michelle Martin & Chris Gathman SUBJECT: RE-4100, RE-4119 & RE-4149 The Department of Planning Services has forward applications RE-4100, RE-4119 & RE-4149 to the Board of County Commissioners. The applicants are David & Janice Dyer represented by Cody Hollingsworth with Terra West Real Estate. Background information RE-4100: Complete Application: April 11, 2005 Legal Description: Pt SW4 of Section 35, T7N, R64W of the 6th P.M., Weld County, CO. Parcel number 0711 35 000018 Location: North of and adjacent to CR 74; and east of and adjacent to CR 57 Staff Approval: RE-4100 was conditionally approved by the Department of Planning Services on June 10, 2005. Acres: 45 +/- Background information RE-4119: Complete Application: May 3, 2005 Legal Description: Lot B of RE-1555; Pt E2 NE4 and W2 NE4 of Section 34, T7N, R64W of the 6th P.M., Weld County, CO. Parcel number: 0711 34 100039 & 0711 34 1000340 Location: South of and adjacent to CR 76; and west of and adjacent to CR 57 Staff Approval: RE-4119 was conditionally approved by the Department of Planning Services on July 8, 2005. Acres: 155 +/- - Background information RE-4149: Complete Application: June 6, 2005 Legal Description: Lot C of AMRE-2001; Pt SE4 of Section 34, T7N, R64W of the 6th P.M., Weld County, CO. Parcel number: 0711 34 400050 Location: North of and adjacent to CR 74; and west of and adjacent to CR 57 Staff Approval: RE-4149 was conditionally approved by the Department of Planning Services on July 20, 2005. Acres: 153.42 +/- Dyer-Page 1 2006-1706 0 0 After further review of the submitted paper plats the Department of Planning Services has noticed that RE-4100, RE-4119 and RE-4149 intends to share an internal access off of County Road 74. All three Recorded Exemption applications were reviewed separately since they were submitted at separate times and did not state in the application that the access to the lots would be combined with other Recorded Exemption applications. Staff has determined that at this time the applicant is proposing the access to be used by eleven (11) lots with out utilizing the subdivision regulations. Staff has also noted that in five years the applicant will be eligible to add up to an additional seven (7) lots to utilize this access for a total of eighteen (18) lots utilizing one private access. The applications are in compliance with many of the requirements outlined in Section 24-8-40 of the Weld County Code but after further review, by the Department of Planning Services and Department of Public Works, staff has determined that the following conditions have not been addressed. RE-4100 Section 24-8-40.J: "The proposal is consistent with sound land use planning practices." - The proposed recorded exemptions will be sharing a common access. The number of lots to be created is consistent with an urban scale subdivision/PUD. A PUD process is the appropriate process to address this proposal as the recorded exemption process does not provide the appropriate review process to address concerns such as access, emergency services and school district requirements. Section 24-8-40.K: "The proposal is consistent with the Statement of Purpose as expressed in Section 24-1-30 of this Chapter." A. Assisting orderly and integrated development. B. Promoting the health, safety and general welfare of the residents of the County. C. Encouraging well-planned subdivisions by establishing adequate standards for design and improvement. RE-4119 Section 24-8-40.C.4 a new access with a choice as to which County road it feeds onto shall choose the County road with the lowest traffic count. Condition 3.C states The applicant shall reconfigure Lots A-D so they have access from County Road 76 or the applicant shall submit to the Weld County Department of Planning Services a recorded copy of any agreement signed by all of the owners of the property crossed by the access. The access shall be for ingress and egress and shall be referenced on the plat by the Weld County Clerk and Recorders reception number. Evidence of the Department of Public Works approval shall be submitted in writing to the Weld County Department of Planning Services. Section 24-8-40.C requires that an access is, or can be made, available that provides for safe ingress and egress to a public road. Condition 3.G The applicant shall address the requirements (concerns) of Weld County Department of Public Works, as stated in the referral response dated 5/24/05. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. Dyer-Page 2 0 0 In the Memorandum dated May 24, 2005 from Don Carroll with the Department of Public Works states, "The Weld County Department of Public Works has concerns with the public right-of-way access. Please see attached memorandum about the vacation of County Road 57." RE-4149 Section 24-8-40.C requires that an access is, or can be made, available that provides for safe ingress and egress to a public road. Condition 3.C states C. The applicant shall submit to the Weld County Department of Planning Services one of the following: 1) A recorded copy of any agreement signed by all of the owners of the property crossed by the access. The access shall be for ingress and egress and shall be referenced on the plat by the Weld County Clerk and Recorders reception number. 2) Evidence that the access is dedicated as right-of-way by Weld County. 3) A 30 foot wide joint access and utility easement extending from County Road 74, for the benefit of Lots A, B, C and D of this RE and Lot A of AMRE-2001, shall be shown clearly on the plat. The joint easement shall be dedicated for the use as shown using the language set forth in the Weld County Code, Appendix 24-F.E. The easement shall be graded and drained to provide all weather access. The original application delineated the accesses to all four (4) lots to be off of a 30' private drive running along the eastern portion of the lot. After review of the paper plats the Department of Planning Services noticed that there were notes on the plat stating that the access would also be used for Lots, A, B, C, and D of RE-4119. The applicant then submitted an additional set of paper plats and staff noted on that plat that the access would also be used for Lot A and B of RE-4100 in addition to Lots, A, B, C, and D of RE-4119 and Lots A, B, C and D of RE-4149 and Lot A of AMRE-2001. Summary After review of the paper plats the Department of Planning Services and the Department of Public Works requested the applicant to contact the Galeton Fire Protection District, Eaton School District (RE-2). Attached are the preliminary comments from the Galeton Fire Protection District, and Eaton School District (RE-2). The fire district is requesting that a fire hydrant be placed at the intersection of County Road 57 and County Road 74 on the north side of County Road 74 at the entrance to the proposed properties. The school district is requesting a cash-in- lieu payment in the amount of$1,043 per lot and that a bus shelter be provided. The size of the structure should be approximately 6' x 10' located in the southeast corner of Lot A of RE-4149 at the intersection of County Road 57 and County Road 74. The Department of Public Work has requested the access drive shall be 60' in width including eye brows, bulb outs and turn arounds located in the appropriate places. While many of these concerns the applicant has attempted to address the Department of Planning Services has concerns that this scale of development has not had the proper review by County staff, referral agencies, and the public. Dyer-Page 3 0 0 The Department of Planning Services is requesting that these three Recorded Exemptions (RE- 4100, RE-4119 & RE-4149) be denied and the applicant proceeds with the Planned Unit Development (PUD) process. Staff has determined that the number of lots sharing a common access road is urban scale development and should be reviewed through the PUD process. The Recorded Exemption process is an exemption from the subdivision process and is not adequate to address access, emergency services, school district, etc concerns. There is also not a public notice requirement for Recorded Exemptions which is required for urban scale PUD's which allows the public to express any concerns/issues with the proposed development. Dyer- Page 4 tt:4 DEPARTMENT OF PLANNING SERVICES RECORDED EXEMPTION ADMINISTRATIVE REVIEW COLORADO Applicant: David and Janice Dyer RE-4119 Planner: MM Legal Lot B of RE-1555; being part of the E2 of the NE4 and W2 of the NE4 Section 34 , Description: T7N, R64W of the 6TH P.M., Weld County, CO Parcel.ID#: 0711 34 100039 &0711 34 100040 Lot A Size: 6 +/-acres Lot B Size: 6 +/-acres Lot C Size: 6 +/-acres Lot D Size: 137 +/-acres Water Source: Lots A, B and C- North Weld Sewer System: Septic County Water District Lot D- Proposed Well 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 a Consistent with the intent of the zone district. X 4. Consistent with efficient and orderly development. X 5. Complies with Recorded Exemption standards in Section 24-8-40 of the Weld County Code. X 6. Provides for adequate protection of the health, safety, and welfare of the inhabitants of the neighborhood and the County. Approved with Conditions The Weld County Department of Planning Services has determined through an administrative review that the standards of Section 24-8-40 of the Weld County Code have been met. This Recorded Exemption is approved with the following conditions in accordance with information submitted in the application and the policies of Weld County. 1. A Weld County septic permit is required for any proposed home. The septic system shall be installed according to the Weld County Individual Sewage Disposal System (I.S.D.S.)regulations. Page 1 a C; 2. The Applicant has proposed a well as the source of adequate water for Lot D. Property owners are advised that the quantity of water available for usage may be limited to specific uses, i.e., "Domestic Use Only," etc. Because each situation is unique, the Department of Planning Services encourages property owners to contact the Office of the State Engineer, Division of Water Resources (1313 Sherman Street, Room 818, Denver, Colorado 80203. Phone 303-866-3581), to discuss each individual situation. 3. Prior to recording the plat: The plat shall be titled: Recorded Exemption No. 0711-34-1 RE-4119 B. The applicant shall submit to the Department of Planning Services a new letter of authorization giving the Terra West Real Estate Services the authority to act as their agent through the Recorded Exemption process. C. The applicant shall reconfigure Lots A-D so they have access from County Road 76 or the applicant shall submit to the Weld County Department of Planning Services a recorded copy of any agreement signed by all of the owners of the property crossed by the access.The access shall be for ingress and egress and shall be referenced on the plat by the Weld County Clerk and Recorders reception number. Evidence of the Department of Public Works approval shall be submitted in writing to the Weld County Department of Planning Services. D. All approved accesses shall be clearly shown on the plat.The applicant shall contact the Weld County Department of Public Works to determine if a culvert is necessary at any approved road access point. If a drainage culvert is required, a 15 inch Corrugated Metal Pipe(CMP)is Weld County's minimum size. If the applicant chooses to place a larger culvert please contact the Weld County Department of Public Works to adequately size the culvert. A County Road 76 is designated on the Weld County Road Classification Plan as a local gravel road,which requires 60 feet of right-of-way at full build out.There is presently 60 feet of right-of- way. A total of 30 feet from the centerline of County Road 76 shall be delineated right-of-way '/ on the plat. This road is maintained by Weld County. y. County Road 57 is designated on the Weld County Road Classification Plan as a vacated road. This road is not maintained by Weld County. G. The applicant shall address the requirements(concerns)of Weld County Department of Public Works,as stated in the referral response dated 5/24/05. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. /rt. The West Greeley Soil Conservation District has provided information regarding the soils on the site. The applicant shall review the information and use it to positively manage on site soils. I. The applicant shall address the requirements of Weld County School District RE-2 as stated in the referral response dated 5/20/05. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. ,Y. Lots A, B and C shall comply with the one(1)acre net minimum lot size required by Section 24- 8-40.L of the Weld County Code. K. Lot D shall comply with the one-hundred twenty(120) acre net minimum lot size required by Section 24-8-20.C.3 of the Weld County Code. L. The applicant shall provide the Weld County Department of Planning Services with a Statement Page 2 of Taxes from the Weld County Treasurer showing no delinquent taxes exist for the original parcel. M. The following notes shall be placed on the plat: 1) All proposed or existing structures will or do meet the minimum setback and offset requirements for the zone district in which the property is located. Pursuant to the definition of setback in the Weld County Code,the required setback is measured from the future right-of-way line. * No building or structure as defined and limited to those occupancies listed as Groups A, B, E, F, H, I, M and R in Section 302.1 of the 2003 International Building Code,shall be constructed within a 200-foot radius of any tank battery or within a 150-foot radius of any wellhead. Any construction within a 200-foot radius of any tank battery or 150-foot radius of any wellhead shall require a variance from the terms of the Section 23-3-10 of the Weld County Code. 2) Any future structures or uses on site must obtain the appropriate zoning and building permits. 3) Lot A, Lot B and Lot C are not eligible for a future land exemption in accordance with Section 24-8-20.C.3 of the Weld County Code. 4) Prior to the release of building permits, the applicant shall submit a recorded deed describing the Lot upon which the building permit is requested with the building permit applications. The legal description on such deed shall include the Lot designation and Recorded Exemption number. 5) Prior to the release of building permits, the applicant shall submit evidence to the Department of Planning Services that Lot D has an adequate water supply of sufficient quality, quantity and dependability. 6) Potential purchasers should be aware that Lot D may not be eligible for a domestic well permit which allows for outside irrigation and/or the watering of stock animals. The State Division of Water Resources issues all well permits. 7) Potential purchasers should be aware that groundwater may not meet all drinking water standards as defined by the Colorado Department of Public Health and Environment. The Weld County Department of Public Health and Environment strongly encourages well users to test their drinking water prior to consumption and periodically there after. 8) Potential purchasers should be aware that approval of this Recorded Exemption does not guarantee that well permits will be issued for the lots. Any lot may be deemed non- buildable if the lot owner is unable to obtain a well permit. The State Division of Water Resources issues all well permits. 9) Prior to the release of building permits for any structure exceeding 3,600 square feet,the applicant must comply with the requirements of Appendix III-A of the International Fire Code. 10) Should noxious weeds exist on the property or become established as a result of the proposed development the applicant/landowner shall be responsible for controlling the noxious weeds, pursuant to Chapter 15, Articles I and II of the Weld County Code. Page 3 q Ca, 11) Building permits shall be obtained prior to the construction of any building.Buildings that meet the definition of an Ag Exempt Building per the requirements of Section 29-1-20 and Section 29-3-20.6.13 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. 12) Any disturbance of wetlands shall require the applicant to contact the Army Corps of Engineers for permits pursuant to Section 404 of the Clean Water Act. 13) 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) 14) WELD COUNTY'S RIGHT TO FARM: Weld County is one of the most productive agricultural counties in the United States,ranking fifth in total market value of agricultural products sold. The rural areas of Weld County may be open and spacious,but they are intensively used for agriculture. Persons moving into a rural area must recognize and accept there are drawbacks, including conflicts with longstanding agricultural practices and a lower level of services than in town. Along with the drawbacks come the incentives which attract urban dwellers to relocate to rural area:open views,spaciousness,wildlife, lack of city noise and congestion, and the rural atmosphere and way of life. Without neighboring farms, those features which attract urban dwellers to rural Weld County would quickly be gone forever. Agricultural users of the land should not be expected to change their long-established agricultural practices to accommodate the intrusions of urban users into a rural area. Well run agricultural activities will generate off-site impacts,including noise from tractors and equipment; slow-moving farm vehicles on rural roads; dust from animal pens,field work, harvest, and gravel roads; odor from animal confinement, silage, and manure; smoke from ditch burning;flies and mosquitoes;and the use of pesticides and fertilizers in the fields, including the use of aerial spraying. Ditches and reservoirs cannot simply be moved out of the way of residential development without threatening the efficient delivery of irrigation to fields which is essential to farm production. Section 35-3.5-102, C. R. S., provides that an agricultural operation shall not be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs methods or practices that are commonly or reasonably associated with agricultural production. Weld County covers a land area of over 4,000 square miles in size (twice the State of Delaware) with more than 3,700 miles of state and County roads outside of municipalities. The sheer magnitude of the area to be served stretches available resources. Law enforcement is based on responses to complaints more than on patrols of the county and the distances which must be traveled may delay all emergency responses, including law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must leave their jobs and families to respond to emergencies. County gravel roads,no matter how often they are bladed,will not provide the same kind of surface expected from a paved road. Snow removal priorities mean that roads from subdivisions to arterials may not be cleared for several days after a major snowstorm. Snow removal from 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. Page 4 Co CJ Children are exposed to different hazards in the county than in an urban or suburban setting. Farm equipment and oil field equipment,ponds and irrigation ditches,electrical power for pumps and center pivot operations, high speed traffic, sand burs, puncture vines, territorial farm dogs, and livestock present real threats to children. Controlling children's activities is important,not only for their safety,but also for the protection of the farmer's livelihood. Parents are responsible for their children. 4. The applicant shall submit two(2)paper copies of the plat for preliminary approval to the Weld County Department of Planning Services.Upon approval of the paper copies the applicant shall submit a Mylar plat along with all other documentation required as conditions of approval. The Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder by Department of Planning Services' Staff. The plat shall be prepared in accordance with the requirements of Section 24-8-60 of the Weld County Code. The Mylar plat and additional requirements shall be submitted within sixty(60)days from the date the Administrative Review was signed. The applicant shall be responsible for paying the recording fee. 5. The Department of Planning Services respectfully requests the surveyor provide a digital copy of this Recorded Exemption. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles,Arclnfo Coverages and Arclnfo Export files format type is .e00. The preferred format for Images is .tif(Group 4). (Group 6 is not acceptable). This digital file may be sent to maps(aco.weld.co.us. 6. The Weld County Department of Planning Staffs 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. 7. 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. ffi/{(4Y1By Date Julv 8, 2005 Michelle Martin v Planner II Page 5 9ic:.,QS O Plat Checklist V� POC Planner Item Comments Check Check Proper size and material 4" x 36" r 18"x 24" /Minimum 3 millimeter polyester sheet V/ Lettering No stick-on lettering / Minimum 8 pt.lettering Boundaries of Lots Scale Suitable Scale. (1"=200' or 1"=100') Accesses indicated Shared Access?If so, is easement Certificate included? ` Roads labeled,including ✓ R.O.W - Building Envelope(s) Vicinity Map Suitable Scale? (Minimum I" =2000') North Arrow Legal Description Notes from Planner/ Development Standards Conditions of Approval (13/ C Owner's Certificate Notarial Certificate included? All owners must sign the plat, check the deed. Surveyor's Certificate and All surveyed plats Surveyor's Stamp Note: USR plats do not need to be surveyed Director of Planning Notarial Certificate included? (RE,SE,SPR,Final PUD if Certificate ' Staff Approved) Planning Commission (USR, COZ,Minor Sub.Final) • Certificate Board Certificate (USR, COZ„Minor Sub Final) (Final PUD,RE, SE&ZPMH if Board approved) Typical Road Cross Section (COZ,Final Minor Sub.and Final PUD) Easements • Please return the plat o . C _ •nicia within 24 hours of receiving the plat. te Planner on Call: ••'ti• s) Planner Signature: Date: WELD COUNTY, COLORADO DEPARTMENT OF PLANNING SERVICES 1555 N. 17T"AVENUE GREELEY, CO 80631 PHONE(970) 353-6100, Exr. 3540 -FAX (970) 304-6498 DATE: 4 ' 20 RECEIPT 1 1 4 67 RECEIVED FROM: 1L L-N lc= NO. TYPE FEES 4221 -RE/SE 4221 -ZPMH 4221 -USR 4221 -SITE PLAN REVIEW 4221 -COZ 4221 -PUD 4221 -SUBDIVISION 4221 -BOA 4221 -FHDP/GHDP 4430-MAPS/PUBLICATIONS 4430-POSTAGE 4430-COPIES 4730-INVESTIGATION FEE 6560-RECORDING FEE MISC. 5'1 eo O CASH ❑CHECK NO: 1;? TOTAL BY: WHITE-CUSTOMER CANARY-FINANCE PINK-FILE iiimmi O1t7":rs....... WELD COUNTY.BUI NG©EP TMENT NORTH OFFICE: SOUTH OFFICE_, - 918 10 STREET 4209 CR 5 .: . :: :'. (LIST inn. GRFPI FY.CQ 80631 LONGMONT,24 CO 80501 (970).353 100.x3540 . . .(720)652-4.210x8730. B SITE. KEEP A COPY OF THE BUILDING Y BEFORE YOU NEED THE FOLLOWING. INSPECTION REQUEST INFORMATION . I OWNER'S NAME, JOB SITE ADDRESS OR FOR ALL BUILDING INSPECITON REQUEST: .:,' -.:.'::.; :.. • -::Ci LL 356-8016 INSIDE GREELEY CALLING AREA OR; . :1400434-2534 OUTSIDE THE GREELEY.CALLING AREA: • : 6 OR 1-800-234-2534 PRELIMINARY DEMO. INSPECT. INSPECTION REQUEST LINE OPERATES 24 HOURS AOAY: , j FRAMING f jrTRUCTURAL FRAMING BUILDING PERMIT WtJ . , . ,:.„..::. , :., . ,. ..____ 'Oar f ) ` r p t FIREPLACE/THROATS/FLUES _ NAME jt` [(� �J, LP LEAK DETECTION SYSTEM FLOOD HAZARD CERTIFICATE ADDRESS/LEGAL • `47 FINAL ELECTRIC FINAL PLUMBING PRIMARY INSPECTORS: FINAL HEATING BUILDING f 6 1-9(.....: _ T ' ✓FINAL APPROVAL - CERTIFICATE OF OCCUPANCY "ELECTRICAL C C� -i ' ,,TI-SE ABOVE INFORMATION PLUS THE EXACT INSPECTIONS YOU ARE IT SETBACKS REQUIRED BY THE BUILDING READY FOR ARE REQUIRED WHEN-REQUESTING AN INSPECTION. IF }UR OFFICE IF YOU HAVE ANY QUESTIONS THE PERMIT NUMBER, THE REQUESTED INSPECTION(S), OR ADDRESS IS INCOMPLETE OR CANNOT BE UNDERSTOOD FROM MPACTED TO 90% AND REBAR SET AND YOUR CALL, THERE IS A RISK THAT THE INSPECTION CANNOT BE : :SCHEDULED, WE ARE NOT RESPONSIBLE FOR INCOMPLETE OR NON UNDERSTANDABLE INSPECTION REQUESTS. RINTS. CALL:,_ FOR INSPECTION BEFORE IF YOU REQUEST AN INSPECTION BEFORE 3:00 PM ON ANY '":BUSINESS DAY, THE INSPECTION WILL BE MADE THE NEXT y. NE ESCAPE WINDOW TO THE EXTERIOR -` BUSINESS DAY. IF YOU REQUEST AN INSPECTION AFTER 3:00 PM, OR INSTALL FLOOR PRIOR TO `=:THE INSPECTION WILL BE MADE FOR THE 2 BUSINESS DAY. NOT BACKFILL FOR A MINIMUM OF 4 IF AN INSPECTION IS SCHEDULED BUT YOU ARE NOT READY FOR ` THE INSPECTION, PLEASE CANCEL THE INSPECTION BY 8:30 AM ON FOR WATER AND SEWER SHALL BE PER THE DAY OF THE INSPECTION. YOU MAY BE SUBJECT TO CODE. ALL OTHER UTILITIES ORE REINSPECTION FEES IF YOU ARE NOT READY FOR THE REQUESTED FrlIS INCLUDES TELEPHONE AND CABLE .: INSPECTION OR IF THE INFORMATION REQUIRED ABOVE IS NOT PROVIDED. Q� ....'1..'C-r':-;N NS?ECTION. PLUMBING DRAINS /I , .g Q ITHE TI="--•T. .MUST BE WITNESSED AND t� EX T. SHEATHING INSPECTION 7OR STRUCTURAL BRACE WALLS, SHEATHING AND STRUCTURAL 3E1.mS THAT MAY BE COVERS= BY EXTERIOR FINISHES PRIOR TO FRAME INSPECTION. 'W DER REFERENCE 2003 !RC SECTION R703.2 TABLE R7D3.4 AND 2003 IBC SECTION 1404.2 TES STANT BARRIER =R.r,M3NG FRAMING INSPECTIONS CANNOT BE APPROVED UNTIL ABOVE INSPECTIONS ARE COMPLETED. ALL ROOFING, SHINGLES, FRAMING, WINDOWS, AND EXTERIOR DOORS MUST BE INSTALLED. NOTE: IN ORDER NOT TO HOLD UP CONSTRUCTION, THE STRUCTURE MAY BE MADE WEATHER TIGHT IF WINDOWS OR DOORS CANNOT BE INSTALLED. CALL FOR INSPECTION BEFORE INSTALLING INSULATION OR SHEETROCK. %,A_S ELECTRICAL, PLUMBING, MECHANICAL, SITE GRADING, AND APPROVAL BY THE FIRE DISTRICT (IF REQUIRE:1 MUST HAVE A FINAL APPROVAL. THE BUILDING CANNOT BE OCCUPIED UNTIL ALL INSPECTIONS HAVE BEEN COMPLETED AND APPROVED AND A CERTIFICATE OF OCCUPANCY ISSUED. r © O RECEIPT Copy Reprinted on 07-12-2006 at 09:28:38 07/12/2006 RECEIPT NUMBER: R06001435 APD #: ELN-061099 TYPE: North Electrical Permit SITE ADDRESS: 36755 CR 57 WEL PARCEL: 0711-34-4-00-050 TRANSACTION DATE: 06/30/2006 TOTAL PAYMENT: 44.00 TOTAL PAID FROM TRUST: .00 TOTAL PAID FROM CURRENCY: 44.00 TRUST TRANS LIST: TRANSACTION LIST: Type Method Description Amount Payment Check 1662 44.00 TOTAL: 44.00 ACCOUNT ITEM LIST: Description Account Code Current Pmts Electrical 100025100-4224-2 44 .00 TOTAL: 44.00 RECEIPT ISSUED BY: LBUEHLER INITIALS: LCB ENTERED DATE: 06/30/2006 TIME: 02:42 PM O 4 RECEIPT on 07-20-2006 at 10:46:30 07/20/2006 AMBER: R06001581 APD #: BCN-060290 TYPE: North-Building Combo iTE ADDRESS: 36039 CR 57 WEL PARCEL: 0711-34-4-00-050 ( ( 124.75 it TOTAL PAYMENT: .00 NE TRANSACTION DATE: 07/20/2006 TOTAL PAID FROM TRUST: TOTAL PAID FROM CURRENCY: 124.75 TRUST TRANS LIST: 4- L TRANSACTION LIST: Amount U Type Method Description 124.75 Payment Check 1685 TOTAL: 124.75 ACCOUNT ITEM LIST: Account Code Current Pmts Description 100025100-4222-2 29.75 Capital Permits 95.00 4000-17500-4228- Capital Expansion Impact TOTAL: 124.75 INITIALS: BJM RECEIPT ISSUED BY: BJMOORE TIME: 10:38 AM ENTERED DATE: 07/20/2006 wall I D COUNTY'._ Late DEPART ENT • NORTH OFFICE: : SOUTH OFFICE 1 918 10 STREET 4209 CR 24.5 ` I ININ O GREEL,EY,.CO 80631 LONGMONT, CO 80501 QCatrORADO (970)353-6100 x3540 (720)652-4210 x873a::._ INSPECTION REQUEST INFORMATION ` FOR ALL BUILDING INSPECITON REQUESTS ' CALL 358-8016 INSIDE GREELEY CALLING AREA OR. 1-800-234-2534 OUTSIDE THE GREELEY CALLING_AREA. Lectrical Permit. INSPECTION REQUEST LINE OPERATES 24 HOURS A DAY` BUILDING PERMIT E/41- 0(4.0 t , 44.00 ' .00 NAME (.. (t il St, .- ._ ,, 44.00 ADDRESS/ EGAL .r (l 71ri46:35 I t 7 PRIMARY INSPECTORS: BUILDING }` Amount ELECTRICAL I I } 44.00 r.' 44.00 THE ABOVE INFORMATION PLUS THE EXACT INSPECTIONS YOU ARE READY FOR ARE REQUIRED WHEN REQUESTING AN INSPECTION. IF ---.: -rent Pmts THE PERMIT NUMBER, THE REQUESTED INSPECTIQN(S), OR - 44 00 ADDRESS IS INCOMPLETE OR CANNOT BE UNDERSTOOD FROM . YOUR CALL, THERE IS A RISK THAT THE INSPECTION CANNOT BE ': -.. 44.00 SCHEDULED. WE ARE NOT RESPONSIBLE FOR INCOMPLETE OR'" NON-UNDERSTANDABLE INSPECTION REQUESTS. IF YOU REQUEST AN INSPECTION BEFORE 3:00 PM ON ANY ' :'' BUSINESS DAY, THE INSPECTION WILL BE MADE THE NEXT BUSINESS DAY. IF YOU"REQUEST AN INSPECTION AFTER 3:00 PM, THE INSPECTION WILL BE MADE FOR THE 2M0 BUSINESS DAY. IF AN INSPECTION IS SCHEDULED BUT YOU ARE NOT READY FOR - .r`. THE INSPECTION, PLEASE CANCEL THE INSPECTION BY 8:30 AM ON .", -, THE DAY OF THE INSPECTION. YOU MAY. BE SUBJECT TO REINSPECTION FEES IF YOU ARE NOT READY FOR THE REQUESTED ..-r. INSPECTION OR IF THE INFORMATION REQUIRED ABOVE IS NOT :.-. _.PROVIDED. - .ri.O', .. 8l f WELD COUNTY, COLORADO DEPARTMENT OF PLANNING SERVICES 418 1 CT"STREET GreEELEY, CO 80631 PHONE: 970-353-6100, EXT. '540 I FAX: 970-304-6498 � tA Date: 20 Receipt No. Received From: Permit Type No. Description Fee 4221-RE/SE 4221-ZPMH 4221-USR 4221-SITE PLAN REVIEW 4221-CHANGE OF ZONE 4221-PUD 4221-MINOR/MAJOR SUB #OF BUILDABLE LOTS 4221-ADDITIONAL 30% FEE FOR SUB's 4221-RE-SUBDIVISIONS 4221-BOA 4221-FHDP/GHDP 4430-MAPS/POSTAGE 4430-COPIES 4730-INVESTIGATION FEE 6560 RECORDING FEE I` I MISC. i UCASH CHECK NO.0-i -� ! t J`� TOTAL FEE LL71 X-6-A- Receipted By: / F # Exp. 1 • DEPARTMENT OF PLANNING SERVICES 918 10th Street Greeley, CO 80631 Phone (970) 353-6100, Ext. 3540 Fax (970) 304-6498 1111 • COLORADO May 3, 2005 David &Janice Dyer do Cody Hollingsworth Terra West Real Estate Services 800 8`h Ave Ste 323 Greeley CO 80631 I Subject: RE-4119 A Recorded Exemption located on a parcel of land described as Lot B of RE-1555;being part of the E2 of the NE4 and W2 of the NE4 of Section 34, T7N, R64W of the 6th P.M., Weld County, Colorado. Dear Applicants: Your recorded exemption application is being processed. If it is determined that the application meets the approval criteria of Chapter 24 of the Weld County Code, you will be notified that the recorded exemption is approved. If the staff determines that the application does not meet the approval criteria or if staff has concerns with the application, staff may elect to forward the application for review to the Board of County Commissioners. You will be notified and asked to appear before the Board of County Commissioners at a public hearing. You will be informed of the hearing date prior to the hearing. The Board of County Commissioners will then consider your application and make a final decision on the recorded exemption. If you have any questions concerning this matter, please call me. Sincerely, � G1� .'Michelle Martin Planner 4 4.0 DEPARTMENT OF PLANNING SERVICES 1 NORTH OFFICE 918 10TH Street GREELEY, CO 80631 mmartin@co.weld.co.us O PHONE: (970) 353-6100, Ext. 3540 FAX: (970)304-6498 • COLORADO SOUTHWEST OFFICE 4209 CR 24.5 LONGMONT, CO 80504 PHONE: (720) 652-4210, Ext. 8730 FAX: (720) 652-4211 July 8, 2005 Terra West Real Estate Services Att: Cody Hollingsworth do David and Janice Dyer 800 8th Avenue Suite 323 Greeley, CO 80631 Subject: Recorded Exemption (RE-4119) Dear Applicants: The Department of Planning Services' has reviewed your application and related materials for compliancy with the Weld County Code. We find that your proposed Recorded Exemption meets the intent of the Code and it has been conditionally approved by staff. We have enclosed our comments for your case. If applicable, please address all issues identified in the staff comments. Prior to submitting the Mylar, please submit two(2) paper copies of your plat for review by the Department of Planning Services' staff. Upon approval of the paper copies please submit a Mylar plat along with all other documentation required as conditions of approval. The Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder by Department of Planning Services' Staff. The plat shall be prepared in accordance with the requirements of Section 24-8-70 of the Weld County Code. The Mylar plat and additional requirements shall be submitted within sixty (60)days after the date the Administrative Review was signed or after the date of the Board of County Commissioners resolution. There is an eleven (11)dollar recording fee per Mylar sheet that you will be responsible for paying to record the plat. If you need any further information, please feel free to contact me at the above address, telephone number or e-mail address. Sincere , /VCj Michelle Martin, Planner II DEPARTMENT OF PLANNING SERVICES SOUTHWEST OFFICE 4209 CR 24.5 LONGMONT, CO 80504 PHONE: (720) 652-4210, Ext. 8730 FAX: (720) 652-4211 • COLORADO April 17, 2006 David &Janice Dyer do Cody Hollingsworth Terra West Real Estate Services 800 8th Ave Ste 323 Greeley CO 80631 Re: Conditions of Approval: RE-4119 Dear Applicant: On July 8, 2005, your application for a recorded exemption was administratively approved by the Weld County Department of Planning Services with specific Conditions of Approval. One of the required Conditions of Approval grants applicants sixty(60)days to submit a Mylar Plat. Should you choose not to complete the recorded exemption process and provide the required Mylar Plat, the Department of Planning Services will need to be notified in writing of your decision. If you do not formally withdraw your application and/or are unable to meet the Conditions of Approval, your case will be scheduled for a hearing before the Weld County Board of County Commissioners. Planning Staff will be recommending denial or your request at this hearing. If your application is denied by the Board of County Commissioners, the decision could affect future land development applications located on this parcel. Withdrawing applications will not generally affect future applications. Planning Services Staff is aware of the difficulty and associated delays in meeting the Conditions of Approval normally associated with land use cases, and is willing to work with you in completing your request. Please notify the Department of Planning Services, in writing,within 10 working days of your - ,- decision. Planning Services Staff can 6e contacted at the above address of pFione-riumber.- - Sincerely, The Department of Planning Services MaY . 1 . 2006 3:50PM TERRA ?EST 970-392-2646 No.3977 P . 2 May 1, 2006 Michelle Martin Department of Planning Services 918 10th Street Greeley,CO 80631 Subject:Recorded Exemptions: 4100,4119,4149 Dear Michelle Martin, In regards to our meeting Friday,Aril 27,2006,Wayne Howard and I discussed the options with Mr.Dave Dyer, and he has decided to proceed with the appeal to the county commissioners.I respectfully ask that you send me a copy of the reasons why you are recommending denial of these Recorded exemptions. I also ask that you give me a couple options for the date of the meeting with the county commissioners so I can come up with a date that meets everyone's schedule.If you have any questions you can reach me at the office(970-353-0982)or my cell phone(970-690-6041)or by email cody(cr?,terrawestusa.com,thank you for your cooperation on this matter. Regards, 1 Cody ollingsworth Broker Associate Terra West Real Estate Services Page 1 of 1 Michelle Martin From: Michelle Martin Sent: Monday, June 05, 2006 9:27 AM To: 'cody@terrawestusa.com' Subject: Dyer RE's HI Cody, Don Carroll and I did another site inspection on June 2, 2006 of the RE-4100, RE- 4119 and RE-4149 and noticed a dwelling/house on proposed lot D of RE-4149 (Jacqueline's case) on an island in the middle of Allison Reservoir. The applications stated that there are no existing dwellings on the site. The Weld County Building Department does not have a record of any building permits. Please provide additional information regarding the dwelling/house; water, septic, building permits... ..40404(4 .44eaw Planner II 4209 CR 24.5 Longmont, CO 80504 mmartin@co.weld.co.us PHONE: (720) 652-4210 FAX: (720) 652-4211 6/5/2006 Page I of 1 Michelle Martin From: Michelle Martin Sent: Wednesday, June 07, 2006 10:22 AM To: 'cody@terrawestusa.com' Cc: Jacqueline Hatch; Chris Gathman; Donald Carroll; David Bauer Subject: Dyer RE's HI Cody, As I stated in my previous email Don Carroll and I conducted a site visit on June 2, 2006 of RE-4100, RE-4119 and RE-4149. After further review of the Allison Reservoir it appears to have grown in size over the years. I recommend you talk to Dave Bauer with Weld County Department of Public Works regarding the appropriate permits. You can contact Dave at 970-304-6496 x 3739. .A giisrg .Aft Planner II 4209 CR 24.5 Longmont, CO 80504 mmartin@co.weld.co.us PHONE: (720) 652-4210 FAX: (720) 652-4211 6/7/2006 DEPARTL..NT OF PLANNING SERVICES a Building Compliance Division NORTH OFFICE 918 10th Street, Greeley, CO 80631 pgregory@co.weld.co.us Phone: (970) 353-6100, Ext. 3568 Fax: (970) 304-6498 O SOUTHWEST OFFICE 4209 CR 24.5, Longmont, CO 80504 COLORADO Phone: (720) 652-4210, Ext. 8730 Fax: (720) 652-4211 June 13, 2006 DAVID W and JANICE E DYER 28248 CR 74 EATON CO 80615 Subject: VI-0600241, Part of the SE4 of Section 34, T7N, R64W of the 6th P.M., Weld County, Colorado Dear Mr. and Mrs. Dyer: It has come to the attention of the Department of Building Inspection that there is no record of a building permit for a structure and a bridge on your property at the above noted legal description. Section 29-3-10 of the Weld County Code states: No building or structure regulated by this Building Code shall be erected, constructed, enlarged, altered, repaired, moved, improved, removed, converted or demolished unless a separate building permit for each building or structure has been first obtained from the Building Inspection Department. I have enclosed two permit applications for your convenience as each structure will require a separate permit. Failure to submit the forms, plus all required documents,within 10 days from the date of this letter will result in a violation notice. If you have any questions, I may be reached at 970-353-6100, Ext. 3568. Thank you for your cooperation in this matter. Sincerely, Peggy Gregory Building Compliance cc: VI-0600241 Michelle Martin, Planner SERVICE,TEAMWORK.INTEGRITY,QUALITY • • June 30,2006 Michelle Martin Department of Planning Services 918 10th Street Greeley,CO 80631 Dear Michelle Martin, As pursuant to pending Recorded Exemption applications RE-4100,RE-4149, and RE- 4119 and the conditions of approval and concerns of the Galeton Vonlunteer Fire protection district's request for a fire hydrant. We agree to meet this condition and have a fire hydrant placed at the corner of WCR 74 and 57. Best regards. Dave Dyer Janice Dyer Wile/ 1 DEPARTMEI OF PLANNING SERVICES Building Compliance Division NORTH OFFICE 918 10th Street, Greeley, CO 80631 1 pgregory@co.weld.co.us Phone: (970) 353-6100, Ext. 3568 Fax: (970) 304-6498 O SOUTHWEST OFFICE 4209 CR 24.5, Longmont, CO 80504 COLORADO Phone: (720) 652-4210, Ext. 8730 Fax: (720) 652-4211 July 7, 2006 DAVID W and JANICE E DYER 28248 CR 74 EATON CO 80615 Subject: VI-0600241, Part of the SE4 of Section 34, T7N, R64W of the 6th P.M., Weld County, Colorado Dear Mr. and Mrs. Dyer: I have previously contacted you regarding a structure and a bridge on your property without building permits. You submitted applications for two agricultural exempt buildings plus electrical service to one of the buildings. To date, no permit applications have been submitted for the structure on the"island" or the bridge. Failure to submit application forms plus all required documentation within 10 days from the date of this letter will result in further violation action. Should you have any questions, I may be reached at 970-353-6100, Ext. 3568. Thank you for your cooperation in this matter. Sincerely, GM /61 ,494Y Peggy Gregory Building Compliance cc: VI-0600241 Michelle Martin, Planner Bryon Horgen, Assistant Building Official SERVICE,TEAMWORK,INTEGRITY.QUALITY Maize Page 1 of 1 Michelle Martin From: Michelle Martin Sent: Monday, July 17, 2006 10:28 AM To: Roger Vigil Cc: Bryon Horgen Subject: RE: David Dyer Hi Roger, The BOCC approved on June 26, 2006 the Dyers resolution which states the applicants shall obtain the appropriate permits for the structures on the property. In the hearing the commissioners did ask if the bridge would require a building permits and a representative from the building dept. (Bryon Horgen) stated that yes it would require a permit. Therefore, can you please get me something in writing stating what permits have been waived and what permits Mr. Dyer has applied for. .A�iicvl(ierg ..4Ir Planner II 4209 CR 24.5 Longmont, CO 80504 mmartin@co.weld.co.us PHONE: (720) 652-4210 x 8730 FAX: (720) 652-4211 From: Peggy Gregory Sent: Friday, July 14, 2006 2:05 PM To: Michelle Martin; Bryon Horgen Subject: David Dyer Roger and Johnny did a site inspection today. Roger said there are three tractors stored in the lower level of the building on the"island" and the upper level is an empty loft. They use the deck as a diving board. They did come in today to submit a permit for than change of use of the building. Roger says they don't need a permit for the bridge. So, that's the story. Peggy Gregory Building Compliance Officer Weld County Planning Department 918 10 ST Greeley CO 80631 (970)353-6100 Ext.3568 07/17/2006 Page 1 (ii itft64..'."'.* :, DEPARTMENT OF PLANNING SERVICES BUILDING INSPECTION NORTH OFFICE 918 10th Street GREELEY, COLORADO 80631 igilp PHONE (970) 353-6100, EXT.3540 O FAX (970)304-6498 SOUTHWEST OFFICE COLORADO 4209 CR 24.5 LONGMONT CO 80504 bhorgen@co.weld.co.us PHONE (720)652-4210 ext. 8741 FAX (720)652-4211 July 20, 2006 David & Janice Dyer 28248 CR74 Eaton CO, 80615 RE: RE-4149 - Lot C of AMRE-2001; Pt SE4 of Section 34, T7N, R64W of the 6th P.M., Weld County, CO, RE-4119 - Lot B of RE-1555; Pt E2 NE4 and W2 NE4 of Section 34, T7N, R64W of the 6th P.M., Weld County, CO, RE-4100 - Pt SW4 of Section 35, T7N, R64W of the 6th P.M., Weld County, CO Roger Vigil (Building Official) and John Roberts (Electrical inspector), representatives from the Weld County Building Department conducted a site inspection on July 14, 2006 regarding the property described above. It was determined that no building permits will be required for the walking bridge accessing the island. The appropriate building permit (BCN-060290) has been issued regarding the structure on the island. Sincerely, Bryon Horgen Assistant Building official I 0 August 2, 2006 Department of Planning Services 918 10th Street Greeley, CO 80631 RE: Recorded Exemption Applications To Whom It May Concern: I am writing this letter authorizing and appointing Cody Hollingsworth,Terra West Real Estate Services to act as our agent for David and Janice Dyer, for the preparation and application of a Recorded Exemption, east of Galeton in Weld County. Thank you for your help in this matter. If you have any questions,please contact Mr. Hollingsworth for me. Sincerely, David W. Dyer /Iva 4,4_,._ Janice E. Dyer . �//0,`� Wr County Planning Department GREELEY OFFICE 6 MEMORANDUM DEC 1 2 2006 pito RECEIVED TO: Michelle Martin, Planning Services DATE: Dec. 11, 2006 FROM: Donald Carroll, Engineering Administrator ti/1/6 WILD C SUBJECT: RE-4100, RE4119, RE4149, David & Janice Dyer Co COLORADO I have reviewed the Exhibit A portion of the Improvements Agreement Regarding Collateral for Improvements. The Weld County Public Works Department will accept the quantities and unit costs as being sufficient for the improvements. pc: RE-4100, RE-4119, RE-4149 M.\PLANNING- DEVELOPMENT REVIEIMRE-Recorded Exemption\RE-4100, RE-4119, RE4149.doc • C� EXHD3IT "A" Name of Subdivision or Planned Unit Development: d�E 4/(x..) RE q1/9 RE L/ /Lf 9 Filing: Location: W CR 7`f woq. 57 Intending to be legally bound,the undersigned Applicant hereby agrees to provide throughout this Subdivision or Planned Unit Development the following improvements. (Leave spaces blank where they do not apply) Improvements Quantity Units Unit Estimated Construction Costs Cost Site grading d /O L, CO ,v j� Q� Street grading l 16 j,00 /, ado Street base J SOOT /0 - ccO Street paving — ' Curbs,gutters,and culverts Sidewalk Storm sewer facilities Retention ponds Ditch Improvements Subsurface drainage Sanitary sewers Trunk and forced lines Mains Laterals(house connected) On-site sewage facilities On-site water supply and storage Water Mains(includes bore) Fire hydrants j 4//( Survey and street monuments and boxes Street lighting Street Names Fencing requirements Landscaping Park improvements/this.57-bp SHecr',e2 215o0 Road culvert Grass lined swale Telephone Gas Electric Water transfer SUB-TOTAL: 4 q,coo Engineering and Supervision Costs$ (Testing, inspection, as-built plans and work in addition to preliminary and final plat; supervision of actual construction by contractors) TOTAL ESTIMATED COST OF IMPROVEMENTS AND SUPERVISION $ 8 _ • . • The above improvements shall be constructed in accordance with all County requirements and specifications,and conformance with this provision shall be determined solely by Weld County,or its duly authorized agent. Said improvements shall be completed according to the construction schedule set out in Exhibit"B." By: (A,c`c/r,y. Applicant Ap cantJ C �(�ti l u Date: /Z s ,20 6 Title (If corporation,to be signed by President and attested to by Secretary,together with corporate seal.) 9 December 4, 2006 Weld County Department of Planning Services 918 10th Street Greeley, CO 80631 RE: RE 4100, 4119, 4149 Dear Planning Staff: In accordance with the requirements of approval for above described Recorded Exemptions, we are herewith submitting the Improvement Agreement. It is our intent to continue farming these parcels as long as we can and likely for at least the next few years. It is also possible since we have been notified of the new Toll Road,that the lots will be condemned and never developed. Therefore we are requesting that these improvements not be required to be completed at this time and the improvement bond be waived until such time as we decide to actually sell them and market them. We will sign an agreement insuring that the improvements will be made before the lots are sold. Your consideration is appreciated. Thank you, atittaL David and Janice Dyer January 8, 2008 Weld County Planning and Zoning 918 10th Street Greeley, CO 80631 RE: David and Janice Dyer RE's #4100, #4119, #4149 TO WHOM IT MAY CONCERN: This letter is to confirm our agreement and acknowledgement with North Weld County Water District's decision as to the best location and placement for a fire hydrant to be located at the corner of WCR 55 and WCR 74. This location for the fire hydrant will best meet our requirements for water pressures and services required for not only the above Recorded exemptions, but others in the near proximity. rely J.D. Wyatt, Chief Galeton Volunteer Fire Department D tt FA g Q..'/ L1 Owner/O/Operator It perator N " Mechanics Inc. Your Home Field Advantage Mobile repair and service,specializing in Ag and Construction equipment. Over 15 years experience. Phone: (970)302-2708 38493 WCR 51 Eaton,CO 80615 J • •;.1,I, t!,H 4.I I ;Li It I I 8 i - g sr 1.r; f -_\--------- ____J_ i k .r ' am• _ �rI 1 ii n CD ac E. ..C N.CS co 8 O0 a) 7C 7 it .. . '_4 . W d` N CD = a . al ig L d I �j / . _. , .. 1:P tInl. I 4i m . m e. I 5 el! \ = IV Cl) . —..... —: \....\-'.---......1 7" `C a . D1 \c.: I. " fJ N 'l1 'J I J a�. 4 , '"o North Weld County Water District I a s a g e Dyer- Allison Reservoir RE-4119 & 4149 O �+� tte Weld County Planning Department peQ,N� f if to , MFMORANDUMGLE MAY ,7 ?��A 1 c l ee tt�� "� G� O: Michelle Marti11 n, Planning Services D F 3,2 V` FROM: Donald Carroll, Engineering Administrator EP • COLORADO SUBJECT: RE-4100, RE-4101, David & Janice Dyer The applicant requested a site inspection. I met David Dyer on site for an inspection on May 19, 2008. The applicant has placed the final base lift throughout the internal road system. David has offered to place additional base at the turn out locations and bus stop area. Due to the farming operation, this is not practical at this time. He is aware that once this is developed that these key components need to be in place and the internal road system needs to accommodate two-way traffic, as there are a few locations that the roadway is narrow. Summary: The applicant has done a good job in placing the pit run and base through out the internal road system. David Dyer is aware of the construction items that still need to be improved prior to developing and selling the lots that will provide a well-maintained and all-weather internal road system. The Weld County Public Works Department agrees that the applicant has met his commitment to construct the internal road system. pc: Don Dunker, Public Works David Dyer, Owner RE-4100 RE-4101 M:IPLANNING-DEVELOPMENT REVIEW\RE-Recorded Exemption\RE-4100, RE-4101.doc From:TERRA WEST 06/1' ,008 10:09 11238 P. 001/003 800 8th Avenue, Suite 323 Greeley, CO 80631 TERRA 'hivEsT Phone: 970-353-0982 REAL ESTATE SERVICES INC. Fax: 970-392-2646 FaX CONFIDENTIAL FAX TRANSMISSION COVER SHEET 1-1,44,2 From: a ✓ Fax: 7 .0-(tea - /I Pages: 3 (' uding cover page) Phone: 7 Z:o —6 Z~- c-/Z-10 P Date: �/ og Re: CC: meet- r/v( ot;titi c-44,Le, wceA744V--- raffuld $.0 '74/O"1--- re,j4 ay.J - 62/(iNe, P cs From:TERRA WEST 06/1 '008 10:09 11238 P.002/003 GRANT OF ACCESS AND UTILITY EASEMENT T S GRANT OF EASEMENT made and entered into this ,�Fh day of June 2008 by and between David W. Dyer and Janice E. Dyer hereafter referred to as"GRANTOR'S"; and who are the owners of Lot A of AmRE 2001. The "GRANTEE'S" are described as the owners of record, heirs or assigns of Lots A,B, C and D of RE 4119,and Lots B, C and D of RE 4149, all of which are all located in E 6 of SECTION 34, TOWNSHIP 7 NORTH, RANGE 64 WEST of the 6th P.M. The "GRANTOR'S" do herewith grant and convey to and for the benefit of the"GRANTEE'S", an access and utility easement, described below as the"Faaement Area". The "Easement Area" is hereby described as a non-exclusive access and utility easement over the easterly most 30 feet of Lot A of AmRE 2001. The"GRANTEE'S" shall maintain the "Easement Area" at all times in good condition and are solely responsible for all repairs and maintenance of such"Easement Area". "GRANTOR": 474 w 7Geel David W. Dyer Janice E. er STATE OF COLORADO } } ss. County of WELD } The foregoing instrument was acknowledged before me this ,544‘ day of June 2008, by David W. Dyer and Janice E. Dyer. My commission expires g` c/- d 01/ , . Witness my hand and official seal. / Notary Public ' , PUBLIC:'• OF,,,,, to--s PA-4 dt 'it() LcD1-5 6, (_)). ge-- zoo 1_,c) From:TERRA WEST 08/1 1008 10:09 #238 P.003/003 V r\ 1 June 4, 2008 N..--:".P.„7„--"---."------ if Ms. Michelle Martin, Planner Weld County Department of Planning 918 10th Street Greeley, CO 80631 RE: Agreement for RE 4119, RE 4149 Dear Ms. Martin: As a result of our meeting and discussions in your office on Monday June 2, 2008 regarding the completion of the above referenced Recorded Exemptions, and at your request, we are herewith writing this letter of agreement. ■ I David W. Dyer and Janice E. Dyer, hereby agree to finish the roads and eyebrows as designed on the Recorded Exemption Plats, before any Lots are sold. fSincerely, 'I David W Dyer liftetrj�141- Jan' a E. Dyer r-- i . From:TERRA WEST 06/1' 708 14:42 11246 P. 001/002 800 8'h Avenue, Suite 323 Greeley, CO 80631 TERRIOAATEST Phone: 970-353-0982 Fax: 970-392-2646 REAL ESTATE SERVICES INC. Fax CONFIDEN77AL FAX TRANSMISSION COVER SHEET To: / /dj / 43L From: 60 724_, Fax 7 ZO ---45Z - 211 Pages: Z (including cover page) P Date: 4frQg Re: CC: /41/4e-et;4 7 boc.4„-lied AaA-A-6- r dotife- add.ed se494,15 , V/ ( E-- 4/(66 - oire_a 4', Se-6114-1 S e.1- r, O Page 1 of 1 Michelle Martin From: Michelle Martin Sent: Friday, June 20, 2008 3:08 PM To: Wayne Howard Cc: Jacqueline Hatch; Chris Gathman Subject: Dyer Hi Wayne, Staff today reviewed the three plats for dyer (RE-4119, RE-4149, and RE-4100) and they are ready to be picked up in the north Greeley planning office. In addition to the corrections on the plat the following items still need to be submitted: updated tax certificates, evidence that the pole barn has been removed from the access easement and a copy of the recorded easement across Lot A of AMRE-2001. Let me know if you have any questions. Y �, Planner II 4209 CR 24.5 Longmont, CO 80504 mmartin@co.weld.co.us PHONE: (720)652-4210 x 8730 FAX: (720)652-4211 06/20/2008 From:TERRA WEST 06/7 ?008 14:23 11264 P.001/006 800 8th Avenue, Suite 323 Greeley, CO 80631 TERRA"WEST Phone: 970353-0982 Fax: 970-392-2646 REAL ESTATE SERVICES INC. CONFIDENTIAL FAX TRANSMISSION COVER SHEET To: Michell From: Wayne Howard Fax: 720-652-4211 Pages: 6 (including cover page) Phone: Date: June 23,2008 Re: Dyer RE CC: Michelle, I picked up the plats and have a few questions: 1) RE 4149 Evidence that pole barn has been removed?( Do you want a picture or how do you want that verified for you, or can it stay until the lots are developed, in case they are not developed?) citinc- a- Ui A,4 ' 2) I am faxing recorded access and utility easements that Ken Alles drafted and we had recorded back in 2006. Easement Exhibit is located on Page 2 of RE 4149. He said that the easement that I did for you could not be done as it interferes with existing improvements and has to have the 10' jog in it as depicted on the exhibit, and therefore will have to be corrected by over writing the next easement which would supersede all previous easements. Is that acceptable? Ken said that he had l talked to you about the previous easement. B J• z,i Jo,'�i•-s��j 4,(J i1 . kB ave � � /✓• i --'f w�7 g 3) RE 4100 says show pivot sprinkler. We were told to remove the sprinkler on a previous correction and that is why it is not on any of the RE's now. Do you want the sprinkler shown e eGv`h."4 on all of the RE's now? ., 4) RE 4119, The request for Book and Page on Ditch Easement does not exist as it is a prescriptive easement that has been in place since the 1900's is an established easement by use. To my knowledge it was requested to be delineated on the plat for visual purposes only. If that is not true, please advise. beryjd4-- ,. ic Thanks,Wayne i111ii1 ilidtintit!lcit11111341111221511111120161 825 1 of 2 R 11.00 0 0.00 Steve Moreno Clerk&Recorder PRIVATE ROAD AND UTILITY EASEMENT- SECTION 35 An ingress, egress and utility easement on, over and across part of the Southwest One-Quarter (SW '/4) of Section Thirty-Five (35),Township Seven (7) North, Range Sixty-Four(64) West of the 6th Principal Meridian,Weld County,Colorado,and part of Lot B,kecorded Exemption No. 4100, being more particularly described as: Considering the west line of the Southwest One-Quarter (SW '/4) of said Section Thirty-Five (35) to bear North 0002'14"West,between monuments as shown on the plat,and all bearings contained hereon being relative thereto: Beginning at the Southwest (SW) Comer of said Section Thirty-Five (35); thence along the west line of the Southwest One-Quarter (SW '/4) of said Section Thirty-Five (35), North 00°02'14"West, 1434.07 feet; thence leaving the west line of the Southwest One-Quarter (SW '/4) of said Section Thirty-Five (35),North 90°00'00"East,30.00 feet;thence,South 00°02'14"East,480.56 feet; thence,North 89°57'43" East, 10.00 feet;thence,South 00°02'14" East,396.52 feet;thence,South 89°57'43"West,10.00 feet,,thence,South 00°02'14"East, 556.84 feet to a point on the south line of the Southwest One-Quarter(SW 1/4) of said Section Thirty-Five (35);thence,South 89°42'18" West, 30.00 feet to the Point of Beginning. -l'he above-described parcel contains 1.08 acres,more or less,and is subject to rights-of-way and/or easements reserved for Weld County Road 74 along the southerly side and is subject to rights-of- way and/or easements of record or as may now exist. ti ;hi tO� Li' 4 "— Ali ' David W. Dyer Janice . Dyer ,t-K. The foregoing certificate was acknowledged before me this /d day of At✓ A.D., 200 . My Commission Expires: /O//6 07 Notary Public: /�6 '-e_ << F Witness my Hand and Seal: i WAYNE A. .} I HOWARD cob\ OF C0V 41111111 Mil I1111 111111111111111111II lll1 1111 1111 3414826 08/25/200fi 04:30P Weld County, CO 826 1 of 3 R 16.00 0 0.00 Steve Moreno Clerk & Recorder PRIVATE ROAD AND UTILITY EASEMENT - SECTION 34 An ingress,egress and utility easement on,over and across part of the Southeast One-Quarter (SE '/4) of Section Thirty-Four (34),Township Seven (7) North,Range Sixty-Four (64) West of the 6th Principal Meridian,Weld County,Colorado,part of Lot A,AMRE-2001 and part of Lot D, Recorded Exemption No. 4149,being more particularly described as: Considering the east line of the Southeast One-Quarter(SE '/.) of said Section Thirty-Four (34) to bear North 00°02'14"West,between monuments as shown on the plat,and all bearings contained hereon being relative thereto: Beginning at the Southeast (SE) Corner of said Section Thirty- Four(34); thence along the east line of the Southeast One-Quarter(SE '/,) of said Section Thirty-Four(34),North 00°02'14"West, 1434.07 feet; thence leaving the east line of the Southeast One-Quarter(SE '/4)of said Section Thirty-Four(34), South 90°00'00" West,64.96 feet to a point on a curve (C2) bearing to the left which has a central angle of 83°31'25" and a radius of 65.00 feet,the chord of which bears South 48°14'18" West,86.58 feet to a point on a curve (C3) bearing to the right which has a central angle of 79°06'43" and a radius of 10.00 feet,the chord of which bears South 54°51'21"West, 12.74 feet;thence,North 90°00'00"West,585.84 feet to a point on a curve(C4) bearing to the right which has a central angle of 90°00'00" and a radius of 30.00 feet,the chord of which bears North 45°00'00"West,42.43 feet;thence, North 00°00'00" West,22.10 feet to a point on a curve (C5)bearing to the left which has a central angle of 45°10'28"and a radius of 88.85 feet,the chord of which bears North 22°35'14"West,68.25 feet;thence,North 45°10'28"West,351.75 feet to a point on a curve (C6) bearing to the right which has a central angle of 45°08'15" and a radius of 120.30 feet,the chord of which bears North 22°36'21"West,92.34 feet;thence, North 00°02'14"West,811.47 feet a point on the north line of the Southeast One-Quarter(SE 1/4) of said Section Thirty-Four(34);thence along the north line of the Southeast One-Quarter(SE 1/4) Section Thirty-Four 34 South 89°41'17"West,282.50 feet;thence leaving the north line of of said Se on ( }, the Southeast One-Quarter (SE 'h)of said Section Thirty-Four(34) and along a curve (C7) bearing to the left which has a central angle of 82°02'17"and a radius of 70.00 feet,the chord of which bears South 49°32'38"East,91.88 feet;thence,North 89°41'17"East,72.80 feet to a point on a curve (C8)bearing to the right which has a central angle of 82°21'05"and a radius of 10,00 feet,the chord of which bears South 49°08'11" East, 13.17 feet to a point on a curve (C9) bearing to the left which has a central angle of 82°06'09"and a radius of 64.98 feet,the chord of which bears South 44°35'31"East,85.34 feet to a point on a curve (C10)bearing to the right which has a central angle of 89°28'14"and a radius of 10.04 feet,the chord of which bears South 45°02'48" East, 14.14 feet;thence,South 00°02'14" East, 530.52 feet to a point on a curve (C11) bearing to the right which has a central angle of 55°52'59"and a radius of 15.00 feet,the chord of which bears South 36°33'00"West, 14.06 feet to a point on a curve(C12) bearing to the left which has a central angle of 163°48'28" and a radius of 65.00 feet,the chord of which bears South 00°45'05"West, 128.70 feet to a point on a curve (C13) bearing to the right which has a central angle of 63°19'23" and a radius of 15.00 feet,the chord of which bears South 41°44'18"East,15.75 feet to a point on a curve (C14)bearing to the left which has a central angle of 41°40'23"and a radius of 180.30 feet,the chord of which bears South 24°20'17"East, 128.27 feet;thence,South 45°10'28"East, 357.09 feet to a point on a curve (CI5) bearing to the right which has a central angle of 45°10'28" and a radius of 28.85 feet,the chord of which bears South 22°35'14" East,22.16 feet;thence, South 00°00'00"East,22.10 feet to a point on a curve(C16)bearing to the left which has a central angle of 90°00'00"and a radius of 90.00 feet,the chord of which bears South 45°00'00" East, EXHIBIT A - SECTION 35 W 1/4 SEC 35 2 1/2" ALUM CAP LS 12374, 1997 z w m a 8 , O �� O o 0 (f) - 2z ac —O.lf Cr INNIIM V Y v d =C.) CD O =10 N90'00'00"E —IV M 1 30.00' O mom(e. vr mom N 0 -�O� I� O _ ,..u.,N • 'N N .U' N 9'57'43"E ii 10.00' Ef40 ' 111 f� .1f1 O . .t• ' II il ' .- : I I :w II I �N =t ii I .0 O O ' V' O z 89'57'43"W 10.00' I 1.co in • .w 1.08± AC 11- T. 7 N., R. 64 W. (1.06± NET AC • •0 T. COUNT); CO LESS WCR 74 I. o ROW) 34 ` I� 35, • . S89 42 18"W WCR 74 30.00' POINT OF BEGINNING 2 1/2" ALUM CAP 3 2 LS 12374, 1996 PRIVATE ROAD AND UTILITY EASEMENT I 111111111111I111 11111 1111111 1111 111111 111 11111 11111111 3414826 08/25/2006 04:30P Weld County, CO 2 of 3 R 16.00 0 0.00 Steve Moreno Clerk& Recorder 127.28 feet; thence, South 90°00'00" East, 635.88 feet to a point on a curve (C17) bearing to the right which has a central angle of 90°02'14"and a radius of 60.00 feet,the chord of which bears South 45°01'07" East, 84.88 feet; thence, South 00°02'14" East, 259.60 feet; thence, North 89°57'43" East, 10.00 feet; thence,South 00°02'14" East, 396.52 feet; thence, South 89°57'43"West, 10.00 feet; thence, South 00°02'14" East, 557.18 feet to a point on the south line of the Southeast (SE) Corner of said Section Thirty- Four (34);thence, South89°34'40" East, 30.00 feet to the Point of Beginning. 1'he above-described parcel contains 4.53 acres,more or less,and is subject to rights-of-way and/or easements reserved for Weld County Road 74 along the southerly side and is subject to rights-of- way and/or easements of record or as may now exist. David W. Dyer Janice E. Dye The foregoing certificate was acknowledged before me this LO day of A.D., 200 ., My Commission Expires: /o/i8 O 7 Notary Public: Z- - Zal-ell Witness my Hand and Seal: BY P / WAYNE A. li k HOWARD yl.�\ i tl`1ti;OF.C4`°Q�� EXHIBIT A — SECTION 34 292.50 i N89'4t'17 4' % - E 1/4 COR 72.80' I SEC 34 1 i 2 1/2' ALUM CAP 4 It LS 12374 Ir3 'ai w 4 Ca P _ ;p I I m JCS ......_ __ 12 mini or I. o so ',..;1,,, 1 _u •.43. ,n ,4 _=a� V 7 G Y O \ Q, r CJ N -� O O ' `L e' � ` 59030' - -ti,‘.3*• . 64.96 F5.. .4±;i444, to N0040'Op"W .. ,4 500405005E 2210 o c 2210' c .._..N9030.(14-14._;i5.Of.._..J0 i o 590 0O'`oo'E ''aide • I a N I I �. Ai I -o� "co I ROAD AND UTILITY EASEMENT C7 co N89"5743- 10.00' 0 I d,... M '4 ii ; 2 • I m I� � II E N � 569•57'43 10.00' z mft I -] 111 ti I .W I 4.53± AC 'r' ' (4.51± NET AC LESS WCR 74 T. 7 AL R. 64 1C ROW) ! WM COL1171; CO 34 I I WCR 74 POINT OF BEGINNING S8934' 3 S 2 1/2- 30.00' ALUM CAP LS 12374 CURrE TA9LE O.JRW LENGTH RADIUS DELTA TANGENT G10R0 DIR CHORD C2 64.75' 15.04 8331'26' X8.04' 548'14'18'11' 86.50' c3 1181' ta00' _ 7946'43' 4.28' S54'i1'21'W 12.74' C4 47.12' 30.08 90'00'00' 30.00' N45'00'O0'w 4243' C5 70.06' 80.85' . 4510'28" ,19,98 N2235'14"W 68.25' CO 9477' 120.30' 434615' 30.00' H22'36'21'W 92.34' C7 100.23' , 70.00' 52021 r 60.81' 54953,2365E 91.56' C8 14,32' _ 1100' . 1221'06' 8.5' 54949'11 13.17 Cl 9111' 94.98' 8246'09' 50.59' $44'35'31'E 88.14' C1O 15.09' 10.04' 6926'14' 9.0 S4502'46'1 14.14' C11 14.63' 15.00' _5552'58' -7.A$_ 53613'00'W mx4-- C12 185.63' 65.00 16.3'48'28' 454,94' S00'4$'05'W 126.70' C13 16.58' 15.00' 63.1➢'23' 0.25' S41'44'16'E 15.75' C14 31,14' 1 41'40'23' 66.62' 5242 '17"E 12A27 C15 22.74' 26.85' 45'10'28' 12.00' 52235'14'E 22.16' C16 141.3/' 90.DO' y 60D0'00" 90.00' 56T1o'OO'E _ 127.26' 5 Cl) I 94.29' 6n.00' 9037'14' 80,04'. 545Ti1'OrF -_A4_8fl' I I I I _ - - -------- -- --- - - -- Page 1 of 1 Michelle Martin From: Michelle Martin Sent: Monday, July 07, 2008 9:13 AM To: 'Tammy Woods' Subject: RE: Dyer Recorded Exemption Tammy, I did receive the photos thanks. I have not seen a copy of the easement but will be on the look out for the document. I still need tax certificates for all three of RE's (RE-4119, RE-4149 and RE-4100). Please let me know when you are ready to submit the mylars because there is a late charge associate with the three recorded exemptions and I need to let you know what the fee will be. Let me know if you have any questions. Planner II 4209 CR 24.5 Longmont, CO 80504 mmartin@co.weld.co.us PHONE: (720) 652-4210 x 8730 FAX: (720)652-4211 From: Tammy Woods [mailto:tammy@terrawestusa.com] Sent: Wednesday, July 02, 2008 10:47 AM To: Michelle Martin Subject: Dyer Recorded Exemption Good Morning Michelle. I have been wrapping up some loose ends on the Dyer recorded exemptions. The reception number for the Easement is#3564217, it was recorded 07/02/2008. I have also called Ken Alles so he could put that number on the plat. As for the letter and photo's regarding the shed being moved from the easement, I have left those for you at the Greeley Planning &Zoning office. Please reply and let me know that you received these items. As I mentioned before, Wayne is out of town for approx 2 weeks, if you need anything at all please feel free to give me a call. I appreciate your help. Sincerely, Tammy Woods Brolzer Associate Terra West Real Estate Services 800 8th Ave, STE 323 Greeley,CO 80631 970-353-0982 Office 97O-381-8642 Cell 07/07/2008 • • i- m 2 W \-; i } VII? ice- .e-,•:7'-,,, i t•'•--- ', it •'• '. -41 f.. L , . s 3'F . a: . ....;',• • • : 1,...,,,,iiiii- • fria. _ • N r::::;_, .:,-,:, ,, ••.,„ri tt \ cl 1 • ` 1 . ,- . \ % ‘ , • i. • / , ‘ ‘ \ "---.< _ n ( IRMO Wit=1'Pillilll ' • • f. r+ 6 ;-"•1' . ,,,,,.. , i,,t,,I -„ . :,,,,-::.... .1. , , , �..1: - 1:1,1 . 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I �f��> V 7 •• 5 . ... z itt , i,,� is r ,fit e,_ e.`T '' l ''" ., • ,,,, z: ,1 ilk ...,. , i u t!' .., a t v D./ 0 4101111141 • V.. . k • FIELD CHECK inspection date: 7/6/05 Applicant: David and Janice Dyer RE-4119 Planner: MM Legal Lot B of RE-1555; being part of the E2 of the NE4 and W2 of the NE4 Section 34 l)escriptiwi: , T7N, R64W of the 6TH P.M., Weld County, CO Parcel ID #: 0711 34 100039 & 0711 34 100040 Lot A Size: O +/- acres Lot B Size: 6 +/- acres Lot C Size: 6 +/- acres Lot I) Size: 137 +/- acres Water Source: Lots A, B and C- North Weld Sewer System: Septic County Water District Lot D- Proposed Well Zoning Land Use N A (Agricultural) N AG E A (Agricultural) E AG S A (Agricultural) S AG W A (Agricultural) W AG COMMENTS: There are no existing improvements on the site besides a pivot sprinkler There is one access off of CR 76 There is an irrigation ditch that runs horizontally across the property /177 7((-I Michelle Martin , Planner APPLICATION FLOW SHEET COLORADO APPLICANT: David and Janice Dyer CASE # : RE-4119 REQUEST: Recorded Exemption LEGAL: Lot B of RE-1555 being part of the E2 of the NE4 and W2 of the NE4 Section34 , T7N, R64W of the 6TH P.M., Weld County, CO LOCATION: South of and adjacent to County Road 76 and west of and adjacent to County Road 57 PARCEL ID #: 0711 34 100039 & 0711 34 1000340 ACRES: 155 Date By Application Received 4/29/05 KO Application Completed 5/3/05 MM Referrals listed 5/3/05 MM Design Review Meeting (PUD) File assembled oS.o .OS Letter to applicant mailed OS.O3•oc Vicinity map prepared Referrals mailed •O3. 1 �f Chaindexed OS O . 03 • Field check by DPS staff Administrative Review decision: ,7 0 J-7_8f0l1 Date B County Commissioners Hearing D t if applicable) A(/ 0(D /"IF Surrounding property owners notified Air photo and maps prepared CC action: CC resolution received Recorded on maps and filed T��d0 �? A. `, Overlay Districts S CY Zoning Agricultural - ,yv004 I MUD Yes No_X_ 9,O4 • IGA Yes__ No_X_ Ord. �1 J �q Airport Yes No_X_ °` G ` Geologic Yes No_X_ Flood Hazard Yes No X_ Panel#080266 0861C Road Impact Area APPLICATION S. RECORDED EXEMPTION (RE)APPLICATION FOR PLANNING DEPARTMENT USE DATE RECEIVED: RECEIPT/AMOUNT# 1$ CASE#ASSIGNED: APPLICATION RECEIVED BY PLANNER ASSIGNED: C, 7 1 / 3 1 U O o 3 9 Parcel Number 0 7 1 1 - 3 4 - 1 - 0 0 - 0 4 0 (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 B RE — 1555 being Pt of the East % of the NE1/4 and the W % of the NE 1/4 , Section 34 , Township 7 North, Range 64 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 _No X FEE OWNER(S) OF THE PROPERTY: Name: David and Janice Dyer Work Phone# 970-302-0925 Home Phone# 970-454-2461 Email Address Address: 28248 WCR 74 City/State/Zip Code: Eaton, CO 80615 APPLICANT OR AUTHORIZED AGENT(See Below:Authorization must accompany all applications signed by Authorized Agent) Name: Cody Hollingsworth, Terra West Real Estate Services Work Phone#: 970-353-0982 Home Phone# Email Address: cody@terrawestusa.com Address: 800 8th Avenue Suite 323 City/State/Zip Code : Greeley, CO 80631 Lot A Lot B Lot C Lot D Smaller Parcel Water Source Proposed NWCWD Proposed NWCWD Proposed NWCWD Proposed Well tap tap tap Type of Sewer Proposed Septic Proposed Septic Proposed Use Ag/Residential Ag/Residential Ag/Residential Agriculture Acreage 6+/- 6+/- 6+/- 137+/- Existing Dwellings? No No No No * 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, P g � lic A ent Si a e f Date lib April 6, 2005 Department of Planning Services 918 10th Street Greeley, CO 80631 RE: Recorded Exemption Applications To Whom It May Concern: I am writing this letter authorizing and appointing Cody Hollingsworth, Terra West Real Estate Services to act as our agent for David Dyer and Janice Dyer for the preparation and application of an Amended Recorded Exemption, Northeast of Galeton on Weld County Road 76, in Weld County. Thank you for your help in this matter. If you have any questions, please contact Mr. Hollingsworth for me. Sincerely, David Dyer teipe Janice Dyer /pied • S II Recorded Exemption Questionnaire 153 Acres irrigated farm Legal Description: The West %2 of the Northeast '/4 and Lot B of RE— 155 being part of the East'/2 of the Northeast '/4 of Section 34, Township 7 North,Range 64 West 1. A. Domestic Use Water Supply—Water for the 3 proposed smaller lots can be supplied by North Weld County Water district water tap as evidenced with the accompanying letters. Water for Lot D can be supplied by a domestic well if needed as Lot D will remain in agriculture production B. Irrigation Water Supply—The proposed lots A, B, and C are non-irrigated land: therefore, no water supply is necessary. The larger parcel (lot D)will remain irrigated,with water provided by existing water rights as historically operated. 2. Sewage Requirements—The proposed lot sizes are approximately six(6) acres for required for lots A, B, and C,which is more than adequate to meet the minimum size re q a septic system. The larger lot D will remain in agriculture production, and is 137 acres and will be large enough to meet the septic requirements if a building is proposed. 3. Property use—The proposed lots A,B,and C currently do not have any improvements on them and will be used as Ag/Residential use. Lot D the larger parcel currently has a center pivot sprinkler on it and will continue to be irrigated farmland. • 4. Proposed Lot Description—The entire parcel of land for this Recorded Exemption is located in the South side of WCR 76 approximately 1/2 mile east of WCR 55 and running another %2 mile to the east. The entire parcel is irrigated farmland irrigated by a center pivot sprinkler. The three smaller lots will be clustered together as recommended by Weld County Planning and will be located on the property as shown on the map. The Lots will be located in the southeast corner of the property near the irrigation reservoir as to keep lot D in productive farmland. 5. Unique Physical Characteristics of Site—There is currently a small Reservoir on the property used to hold and store irrigation water. It is located in the Southeast corner of the property. 6. Building Envelope—The building envelopes for this parcel will be set by the required county setbacks. 7. Use by Special Review Permit—There a currently no Use by Special Review permits on this property or the proposed new lot. 0 • WELD COUNTY ROAD ACCESS INFORMATION SHEET Road File#: Date: RE#: Other Case#: 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 1. Applicant Name David and Janice Dyer Phone 970-454-2461 Address 28248 WCR 74 City Eaton State CO Zip 80615 2. Address or location of access North side of WCR 74 at WCR 57 Section 34 Township 7N Range 64W Subdivision Block Lot Weld County Road #76 Side of Road South Distance from nearest intersection at intersection 3. Is there an existing access to the property? Yes X No #of accesses 1 4. Proposed Use: ❑ Permanent ❑ Residential/Agricultural ❑ Industrial ❑ Temporary ❑ Subdivision ❑ Commercial L Other 5. Site Sketch ,-'''; n .ti Legend for Access Description: .D.,-/) +�c AG = Agricultural - t tat RES = Residential °`'`'�'4,, O&G = Oil & Gas , °� �t��'': D.R. = Ditch Road �k 0+ Len / �' a = House ��,� • '' �;,, ► = Shed AP'''. • 0. N ' . Aye. A_ 7 Lf 7 ,. __ OFFICE USE ONLY: .:.; Road ADT Date Accidents Date Road ADT Date Accidents Date Drainage Requirement Culvert Size Length Special Conditions ❑ Installation authorized ❑ Information Insufficient Reviewed By: Title: 7 ' IND Report Date: 04/21/2005 01:18PM WELD COUNTY TREASURER Page: 1 STATEMENT OF TAXES DUE SCHEDULE NO: R7435898 ASSESSED TO: DYER DAVID W & JANICE E 28248 COUNTY ROAD 74 EATON, CO 80615 LEGAL DESCRIPTION: W2NE4 34 7 64 (.90R1 D) PARCEL: 071134100039 SITUS ADD: TAX YEAR CHARGE TAX AMOUNT INTEREST FEES PAID TOTAL DUE 2004 TAX 488.92 0.00 0.00 0.00 488.92 TOTAL TAXES 488.92 GRAND TOTAL DUE GOOD THROUGH 04/21/2005 488.92 ORIGINAL TAX BILLING FOR 2004 TAX DISTRICT 0221 - Authority Mill Levy Amount Values Actual Assessed WELD COUNTY 19.957 133.31 AGRICULTUR 23,023 6,680 SCHOOL DIST RE2 40.307 269.24 NCW WATER 1.000 6.68 TOTAL 23,023 6,680 GALETON FIRE 1.939 12.95 AIMS JUNIOR COL 6.328 42.27 WELD LIBRARY 3.249 21.70 WEST GREELEY CONSERVATION 0.414 2.77 TAXES FOR 2004 73.194 488.92 ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE LIENHOLDER OR TO ADVERTISING AND DISTRAINT WARRANT FEES. CHANGES MAY OCCUR AND THE TREASURER'S OFFICE WILL NEED TO BE CONTACTED PRIOR TO REMITTANCE AFTER THE FOLLOWING DATES: PERSONAL PROPERTY AND MOBILE HOMES-AUGUST 1, REAL PROPERTY-AUGUST 1. TAX LIEN SALE REDEMPTION AMOUNTS MUST BE PAID BY CASH OR CASHIERS CHECK. P.O. Box 458 Greeley, CO 80632 (970) 353-3845 ext. 3290 Weld County Treasurer Pursuant to the Weld County Subdivision Ordinance, the attached Statement(s) of Taxes Due, issued by the Weld County Treasurer, are evidence of the status as of this date of all property taxes; special assessments and prior tax liens attached to this (these) account(s). Current year's taxes are due but not delinquent. `7`/ _ Signed. �� Date: I. M Report Date: 04/21/2005 01:19PM WELD COUNTY TREASURER Page: 1 STATEMENT OF TAXES DUE SCHEDULE NO: R7436098 ASSESSED TO: DYER DAVID W & JANICE E 28248 COUNTY ROAD 74 EATON, CO 80615 LEGAL DESCRIPTION: PT E2NE4 34 7 64 LOT B RE-1555 (2.20R1 D) PARCEL: 071134100040 SITUS ADD: TAX YEAR CHARGE TAX AMOUNT INTEREST FEES PAID TOTAL DUE 2004 TAX 407.68 0.00 0.00 0.00 407.68 TOTAL TAXES 407.68 GRAND TOTAL DUE GOOD THROUGH 04/21/2005 407.68 ORIGINAL TAX BILLING FOR 2004 TAX DISTRICT 0221 - Authority Mill Levy Amount Values Actual Assessed WELD COUNTY 19.957 111.15 AGRICULTUR 19,211 5,570 SCHOOL DIST RE2 40.307 224.51 NCW WATER 1.000 5.57 TOTAL 19,211 5,570 GALETON FIRE 1.939 10.80 AIMS JUNIOR COL 6.328 35.24 WELD LIBRARY 3.249 18.10 WEST GREELEY CONSERVATION 0.414 2.31 TAXES FOR 2004 73.194 407.68 ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE LIENHOLDER OR TO ADVERTISING AND DISTRAINT WARRANT FEES. CHANGES MAY OCCUR AND THE TREASURER'S OFFICE WILL NEED TO BE CONTACTED PRIOR TO REMITTANCE AFTER THE FOLLOWING DATES: PERSONAL PROPERTY AND MOBILE HOMES-AUGUST 1, REAL PROPERTY-AUGUST 1. TAX LIEN SALE REDEMPTION AMOUNTS MUST BE PAID BY CASH OR CASHIERS CHECK. P.O. Box 458 Greeley, CO 80632 (970)353-3845 ext. 3290 Weld County Treasurer Pursuant to the Weld County Subdivision Ordinance, the attached Statement(s) of Taxes Due, issued by the Weld County Treasurer, are evidence of the status as of this date of all property taxes; special assessments and prior tax liens attached to this (these) account(s). e Current year's taxes are due but not delinquent. Signed: Date: Report Date: 10/24/2007 03:38PM WELD COUNTY TREASURER Page: 1 STATEMENT OF TAXES DUE SCHEDULE NO: R7435898 ASSESSED TO: DYER DAVID W& JANICE E 28248 COUNTY ROAD 74 EATON, CO 80615 LEGAL DESCRIPTION: W2NE4 34 7 64 (.90R1 D) PARCEL: 071134100039 SITUS ADD: TAX YEAR CHARGE TAX AMOUNT INTEREST FEES PAID TOTAL DUE 2006 TAX 243.56 0.00 0.00 243.56 0.00 TOTAL TAXES 0.00 GRAND TOTAL DUE GOOD THROUGH 10/24/2007 0.00 ORIGINAL TAX BILLING FOR 2006 TAX DISTRICT 0221 - Authority Mill Levy Amount Values Actual Assessed WELD COUNTY 16.804* 70.90 AGRICULTURAL 14,543 4,220 SCHOOL DIST RE2 25.408 107.23 NCW WATER 1.000 4.22 TOTAL 14,543 4,220 GALETON FIRE 4.500* 18.99 AIMS JUNIOR COL 6.330 26.71 WELD LIBRARY 3.261 13.76 WEST GREELEY CONSERVATION 0.414 1.75 TAXES FOR 2006 57.717* 243.56 * Credit Levy ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE LIENHOLDER OR TO ADVERTISING AND DISTRAINT WARRANT FEES. CHANGES MAY OCCUR AND THE TREASURER'S OFFICE WILL NEED TO BE CONTACTED PRIOR TO REMITTANCE AFTER THE FOLLOWING DATES: PERSONAL PROPERTY AND MOBILE HOMES-AUGUST 1, REAL PROPERTY-AUGUST 1. TAX LIEN SALE REDEMPTION AMOUNTS MUST BE PAID BY CASH OR CASHIERS CHECK. P.O. Box 458 Greeley, CO 80632 (970) 353-3845 ext. 3290 WELD COUNTY TREASURER Pursuant to the Weld County Subdivision Ordinance, the attached Statement(s) of Taxes Due, issued by the Weld County Treasurer, are evidence that, as of this date, all property taxes, special assessments and prior tax liens currently due and payable connected with the parcel(s) identified therein have been paid in full. Signed j�j�� Date Report Date: 10/24/2007 03:38PM WELD COUNTY TREASURER Page: 1 STATEMENT OF TAXES DUE SCHEDULE NO: R7436098 ASSESSED TO: DYER DAVID W & JANICE E 28248 COUNTY ROAD 74 EATON, CO 80615 LEGAL DESCRIPTION: PT E2NE4 34 7 64 LOT B RE-1555 (2.20R1 D) PARCEL: 071134100040 SITUS ADD: TAX YEAR CHARGE TAX AMOUNT INTEREST FEES PAID TOTAL DUE 2006 TAX 205.48 0.00 0.00 205.48 0.00 TOTAL TAXES GRAND TOTAL DUE GOOD THROUGH 10/24/2007 0.00} ORIGINAL TAX BILLING FOR 2006 TAX DISTRICT 0221 - Authority Mill Levy Amount Values Actual Assessed WELD COUNTY 16.804* 59.83 AGRICULTURAL 12,263 3,560 SCHOOL DIST RE2 25.408 90.45 NCW WATER 1.000 3.56 TOTAL 12,263 3,560 GALETON FIRE 4.500* 16.02 AIMS JUNIOR COL 6.330 22.54 WELD LIBRARY 3.261 11.61 WEST GREELEY CONSERVATION 0.414 1.47 TAXES FOR 2006 57.717* 205.48 * Credit Levy ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE LIENHOLDER OR TO ADVERTISING AND DISTRAINT WARRANT FEES. CHANGES MAY OCCUR AND THE TREASURER'S OFFICE WILL NEED TO BE CONTACTED PRIOR TO REMITTANCE AFTER THE FOLLOWING DATES: PERSONAL PROPERTY AND MOBILE HOMES-AUGUST 1, REAL PROPERTY-AUGUST 1. TAX LIEN SALE REDEMPTION AMOUNTS MUST BE PAID BY CASH OR CASHIERS CHECK. P.O. Box 458 Greeley, CO 80632 (970) 353-3845 ext. 3290 WELD COUNTY TREASURER Pursuant to the Weld County Subdivision Ordinance, the attached Statement(s) of Taxes Due, issued by the Weld County Treasurer, are evidence that, as of this date, all property taxes, special assessments and prior tax liens currently due and payable connected with the parcel(s) identified therein--have_been-paid--in-tl-lr- Signed Date /,V.2,47/v7 JUL-14-2008 MON 08:22 AM • FAX NO. • P. 02 Report Date:07/14/2008 08:21AM WELD COUNTY TREASURER Page:1 STATEMENT OF TAXES DUE SCHEDULE NO:R7436098 ASSESSED TO: DYER DAVID W& JANICE E 28248 CR 74 EATON,CO 80615 -,.,....--- LEGAL DESCRIPTION: PT E2NE4 34 764 LOT B RE-1555 (2.20R1D) PARCEL; 071134100040 SITUS ADD:_ TAX YEAR CHARGE TAX AMOUNT INTEREST FEES PAID • TOTAL DUE 2007 TAX 235.76 0.00 0.00 235.76 0-00 0.00 TOTAL TAXES , GRAND TOTAL DUE GOOD THROUGH 01/14/2008 0.00 ORIGINAL_TAX BILLING FOR 2007 TAX DISTRICT 3880- Ac ill Assessed Authority M11I Levy Amount Values WELD COUNTY 16.804* 62.50 AGRICULTURAL 12, 919 3,720 SCHOOL DIST RE2 31.100 115.70 -- -'-- ..... NCW WATER 1.000 3.72 TOTAL 12, ";k) 3,720 GALETON FIRE 4.500* 16.74 AIMS JUNIOR COL 6.308 23.46 WELD LIBRARY 3.253 12.10 WEST GRFFI I Y CONSERVATION 0.414 1.54 TAXES FOR 2007 63379* 235.76 *Credit Levy _ —ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES EY THE .ILNHOLDER OR TO ADVERTISING AND DISTRAINT WARRANT FEES. CHANGES MAY OCCUR AND THE TREASURER'S OFFICE 11LL NEED TO BE CONTACTED PRIOR TO REMITTANCE AFTER THE FOLLOWING DATES: PERSONAL PROPERTY AND MOBILE HOA ES•AUGUST 1, REAL PROPERTY-AUGUST I. TAX LIEN SALE REDEMPTION AMOUNTS MUST BE PAID BY CASH OR CA IDERS CHECK. P.O.Box 458 Greeley,CO 80632 (970)353-3845 ext.3290 I JUL-14-2008 MON 08:22 AM • FAX NO, P. 01 • Report Date:07/14/2008 08:18AM WELD COUNTY TREASURER Page:1 STATEMENT OF TAXES DUE -„ SCHEDULE NO; R7435898 ASSESSED TO: DYER DAVID W& JANICE E 28248 CR 74 EATON.CO 80615 .i. LEGAL DESCRIPTION: W2NE4 34 764(.90R1D) PARCEL: 071134100039 SITUS ADD: i TAX YEAR CHARGE TAX AMOUNT INTEREST FEES PAID TOTAL DUE 2007 TAX 279.50 0.00 0.00 279.50 0.00 TOTAL TAXES 0.00 GRAND TOTAL DUE GOOD THROUGH 07/14/2008 0.00 ORIGLMAL TAX BELLING FOR 2007 TAX DISTRICT 3880- Authotity Mill Levy Amount Values Ac uill Assessed WELD COUNTY 16.804* 74.11 AGRICULTURAL 15, .'la 4,410 SCHOOL DIST RE2 31.100 137.14 - "'-- ----"-'"'---_ NCW WATER 1.000 4,41 TOTAL 15 ,'l)'7 4.410 GALETON FIRE 4.500* 19.84 AIMS JUNIOR COL 6308 27.82 WELD LIBRARY 3.253 14.35 WEST GREELEY CONSERVATION 0.414 1,83 TAXES FOR 2007 63.379* 279.50 *Credit Levy — -,- ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEM" OF CURRENT TAXES BY THE .IIUNHOLDER OR TO ADVERTISING AND DISTRAINT WARRANT PEES. CHANGES MAY OC AND THE TREASURER'S OFFICE 'JILL NEED TO BE CONTACThI)PRIOR TO REMITTANCE AFTER THE FOLLOWING DATES: PERSO AL PROPERTY AND MOBILE HOls ES-AUGUST 1, REAL PROPERTY-AUGUST 1. TAX LIEN SALE REDEMPTION AMOUNT MUST BE PART BY CASH OR CA I II:IERS CHECK. P.O.Box 458 Greeley,CO 80632 (970)353-3845 ext.3290 • REFERRAL LIST NAME: David &Janice Dyer CASE NUMBER: RE-4119 REFERRALS SENT: May 19,2006 REFERRALS TO BE RECEIVED BY: May 24,2005 COUNTY TOWNS and CITIES Attorney Ault _X Health Department Berthoud Extension Service Brighton Emergency Management Office Broomfield Sheriffs Office Dacono X Public Works Eaton Housing Authority Erie Airport Authority Evans Building Inspection Firestone _X Code Enforcement Fort Lupton Frederick STATE Garden City Division of Water Resources Gilcrest Geological Survey Greeley Department of Health Grover Department of Transportation Hudson Historical Society Johnstown Water Conservation Board Keenesburg Oil and Gas Conservation Commission Kersey Division of Wildlife: LaSalle Loveland Lochbuie Greeley Longmont Division of Minerals/Geology Mead FIRE DISTRICTS Milliken Ault F-1 New Raymer Berthoud F-2 Northglenn Briggsdale F-24 Nunn Brighton F-3 Pierce Eaton F-4 Platteville Fort Lupton F-5 Severance _X_Galeton F-6 Thornton Hudson F-7 Windsor Johnstown F-8 La Salle F-9 Mountain View F-10 COUNTIES Milliken F-11 Adams Nunn F-12 Boulder Pawnee F-22 Larimer Platteville F-13 Platte Valley F-14 FEDERAL GOVERNMENT AGENCIES Poudre Valley F-15 US Army Corps of Engineers Raymer F-2 USDA-APHIS Veterinary Service I Southeast Weld F-16 Federal Aviation Administration Windsor/Severance F-17 Federal Communication Commission Wiggins F-18 Union Colony F-20 SOIL CONSERVATION DISTRICTS Brighton OTHER Fort Collins _X School District RE-2 _X Greeley _X_Eaton Ditch Longmont West Adams • • REFERRALS W/O COMMENTS f � i0144.."')6 e Weld County Referral COLORADO May 3, 2005 The Weld County Department of Planning Services has received the following item for review: Applicant David & Janice Dyer Case Number RE-4119 Please Reply By May 24, 2005 Planner Michelle Martin Project Recorded Exemption Legal Lot B of RE-1555; being part of the E2 of the NE4 and W2 of the NE4 of Section 34, T7N, R64W of the 6th P.M., Weld County, Colorado. Location South of and adjacent to CR 76; west of and adjacent to CR 57. For a more precise location, see legal. • Parcel Number 0711 34 100039 &0711>3 10009/40 O The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. ❑, We have reviewed the request and find that it does/does not comply with our Comprehensive Plan IA We have reviewed the request and find no conflicts with our interests. ❑ See attached letter. Comments: � 1(\ 1`-Lv e La Gb YY ' ep t+ ir, no v\611x4`,csyv r cd . Signature ?)( )d V`�1 Z.-CC) Agency A 1 ( 01 Date ❖Weld County Planning Dept. .918 10th Street, Greeley,CO.80631 +(970)353-6100 ext.3540 +(970)304-6498 fax Weld County Referral COLORADO May 3, 2005 The Weld County Department of Planning Services has received the following item for review: Applicant David & Janice Dyer Case Number RE-4119 Please Reply By May 24, 2005 Planner Michelle Martin Project Recorded Exemption Legal Lot B of RE-1555; being part of the E2 of the NE4 and W2 of the NE4 of Section 34, T7N, R64W of the 6th P.M., Weld County, Colorado. Location South of and adjacent to CR 76; west of and adjacent to CR 57. For a more precise location, see legal. Parcel Number 0711 34 100039 & 0711 3 1000/40 j 0 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 A We have reviewed the request and find no conflicts with our interests. ❑ See attached letter. n Comments: l � al1 t l] I�Y�t C..6r]�, -Y1�Cr exv\Apytitirirlo \n 61aw,c 1 * e.l-c nn-rd Signature .?A'V`o1 Z-O c) Agency 1 A9 0-M4t -- Date +Weld County Planning Dept. •:•918 10th Street, Greeley,CO.80631 ❖(970)353-6100 ext.3540 +(970)304-6498 fax • • REFERRALS W/COMMENTS VELDLI MAY - 6 2005 WELD COUNTY PUBLIC WORKS DEPT Weld County Referral COLORADO May 3, 2005 The Weld County Department of Planning Services has received the following item for review: Applicant David &Janice Dyer Case Number RE-4119 Please Reply By May 24, 2005 Planner Michelle Martin Project Recorded Exemption Legal Lot B of RE-1555; being part of the E2 of the NE4 and W2 of the NE4 of Section 34, T7N, R64W of the 6th P.M., Weld County, Colorado. Location South of and adjacent to CR 76; west of and adjacent to CR 57. For a more precise location, see legal. Parcel Number 0711 34 100039 & 0711 34 1000340 (I The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. ❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan ❑ We have reviewed the request and find no conflicts with our interests. ,See attached letter. Comments: Signature g144€11 / 4 oZc9-0 Agency Date •:•Weld County Planning Dept. •:•918 10th Street, Greeley, CO.80631 :•(970)353-6100 ext.3540 +(970)304-6498 fax County Planning Department GREELEY OFFICE MAY 2 � 2005 MEMORANDUM RECEIVED 11 lie TO: Michelle Martin, Planner II DATE: May 24, 2005FROM: Donald Carroll, Engineering Administrator I✓��i/ COLORADO SUBJECT: RE-4119, David & Janice Dyer The Weld County Public Works Department has reviewed this proposal. Our comments and requirements are as follows: COMMENTS: WCR 76 is designated on the Weld County Road Classification Plan (FHU) as a local gravel road, which requires a 60-foot right-of-way at full build out. There is presently a 60-foot right-of-way. The road is maintained by Weld County. Pursuant to the definition of SETBACK in the Weld County Code, Chapter 23, Article III, Section 23-3-50, the required setback is measured from the future right-of-way line. WCR 57 is designated on the Weld County Road Classification Plan (FHU) as a vacated road. This is NOT maintained by Weld County. Pursuant to the definition of SETBACK in the Weld County Code, Chapter 23, Article III, Section 23-3-50, the required setback is measured from the future right-of-way line REQUIREMENTS: The Weld County Public Works Department has concerns with the public right-of-way access. Please see the attached memorandum about the vacation of WCR 57. The applicant shall indicate specifically on the plat the type of right-of-way/easement and indicate whether it is dedicated, private, or deeded to provide adequate access to the parcel. Section line accesses are considered private lanes with no county maintenance. pc: RE-4119 M:\PLANNING—DEVELOPMENT REVIEW\RE-Recorded Exemption\RE-4119.DOC ter•4..- ---, ,l' ! . 'q r - ~ t' 'e _7 r . . � `„ ` . . �k • 1 x.+----„,,,. .\7410..,r, Y.it • ` ak t l� 4 , i i' Y j - .. 00 WELD COUNTY ROAD ACCESS INFORMATION SHEET Road File*: ( 7) VPC�- 7. :::, Date: 5- a O - RE#: / �L Other Case#: 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 1. Applicant Name David and Janice Dyer Phone 970-454-2461 Address 28248 WCR 74 City Eaton State CO Zip 80615 2. Address or location of access North side of WCR 74 at WCR 57 Section 34 Township 7N Range 64W Subdivision Block Lot Weld County Road #76 Side of Road South Distance from nearest intersection at intersection 3. Is there an existing access to the property? Yes X No #of accesses 1 4. Proposed Use: 0 Permanent ❑ Residential/Agricultural ❑ Industrial ❑ Temporary ❑ Subdivision ❑ Commercial ❑ Other ******,r*:,r******,...*t*****t******x, .**********...*********************ieir********************************w,t+tvrr,►****a************* 5. Site Sketch ��+ Legend for Access Description: ?‘1(9 �5`' AG = Agricultural + dt RES = Residential "7(.' r — O&G = Oil & Gas , L¢rr\ D.R. = Ditch Road /k�'ti.li L°0 f P' a = House G or `�� ` I. = Shed ; B - 1 - 2 ' L A T tF{`,Syt�jt J�� N 1 ASyE_ }(4V .t f0 ,J;:A. 7 .i . 7 ********************************************* _T 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 . , , - INT-V___ 0.___ I I 72% Dyer RE - WCR 57 t NORTH r„ O} C ICR lh , _CR 76 .. _ CR, Lot D I �Q 137±Acres \,,,. jo��jf�h rl Center Pivot Sp nkler Line 1 O AAAAAAA AAA o Lt.C ` . 6±Acres f- S- Qcess Lot B ♦ S ccesj 6±Acres �� Lot A •.4—RS ccess 6±Acres Allisd N eservoir ri i d ii) Ti .R:7 CR:74 - CR 74 -__—CR1 MAP NOT TO SCALE h U U 01999 DeLorme. Street Atlas US MEMORANDUM ID € TO: Clerk to the Board DATE: April 16, 2003 COLORADO FROM: Frank B. Hempen, Jr., Director of Public Works/County Engineer SUBJECT: Agenda Item Please submit the enclosed item for the Board's next agenda: Petition to vacate Weld County right-of-way on what would be WCR 57 between WCR 74 and WCR 76. The appropriate documentation is enclosed Enclosures pc: Don Carroll, Engineering Administrator a M:\FRANCIE\AGENDA.WPD / c 4, Memorandum Weld County Planning Department TO: W.C. Planning, Michelle MartirOEELEY OFFICE IDATE: May 17, 2005 MAY 1 8 2005 • FROM: , EH Services, Deborah B r'A'EIVED COLORADO CASE: RE-4119 APPLICANT: David & Janice Dyer 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. Additionally, please note the following: 1. This application is proposing a well(s) as its source of water. The applicant should be made aware that while they may be able to obtain a well permit from the Office of the State Engineer, Division of Water Resources, the quantity of water available for usage may be limited to specific uses, i.e. domestic use only, etc. Also, the applicant should be made aware that groundwater may not meet all drinking water standards as defined by the Colorado Department of Public Health and Environment. We strongly encourage the applicant to test their drinking water prior to consumption and periodically test it over time. . . a. , rNWeld CouGREp y ELarmingEYOFFICE Department MAY 1 6 2005 WilkRECEIVEL Weld County Referral COLORADO May 3, 2005 The Weld County Department of Planning Services has received the following item for review: Applicant David & Janice Dyer Case Number RE-4119 Please Reply By May 24, 2005 Planner Michelle Martin Project Recorded Exemption Legal Lot B of RE-1555; being part of the E2 of the NE4 and W2 of the NE4 of Section 34, T7N, R64W of the 6th P.M., Weld County, Colorado. Location South of and adjacent to CR 76; west of and adjacent to CR 57. For a more precise location, see legal. Parcel Number 0711 34 100039 & 0711 34 1000340 A The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. U We have reviewed the request and find that it does/does not comply with our Comprehensive Plan ❑ We have reviewed the request and find no conflicts with our interests. See attached letter. Comments: Signature �,e\ -'\ _ 05 Agency G (.Z Date •• 4•Weld County Planning Dept. •:•918 10th Street, Greeley,CO.80631 �.(970)353-6100 ext.3540 :(970)304 6498 fax i I Applicant: DI! & Janice Dyer Planner: Michelle Martin Case#: RE-4119 , ) 48 52 74 37 51 WCR 7e 37 J 414 52 71 c\ C --. (-- ----- --N-----Vn ) 0.4 0 0.4 0.8 Miles Weld County Referral Map Highways A ,7 Major Roads AlLocal Roads ,r/ A/ Railroads VV E /V Streams&Ditches Lakes Floodplains S . . S 04 I ® � 3 a) k a) E @ „_ E % a / ._ E / / °d q o 5, k E 2 2 . @ g - [ of in m �\ � D \ \ § 0- = i) E ® - _ Zto � � � kzzzzz �20 = f6- 0f o I- 14 f > k o a c 13 E su & % 2 2 2 2 ■ 2 ii ICL� / / / 7777 � / o e Q _ &F a % § ? b k W E E a m ? a D b 3 E 3 > $ 0) . % c o o co o e .- g .o w � 0 _m m / o O CD k § � 7 f cE co co E (n (I) o6 C $ • c § f § \ a)/ S \ \ $ m en u) $ / 7 � O / \ % / / 2 - g n $ � \ E e� c 0 ,_,D 2 = \ ru \ \ $ > �� 0)0) g o e = m $ / % \ ) j _c R / / / = - \ \ e e 2 0 _ ■ c , 6 ® j \ m E \ c o p 2 _LmmG2@@ Ee % 0 p 'k 2 / $ ,C 2 4 0 0 '- Cl) o O) —) x _J - E E 2 ' ® 0 _w i- -o-o ■ ■ § b f m Tr -j U) 5 -8 A CO -' ® $ 2 \ I '> - c co 2 m@ lj E % / o W@ .� cn O a) % c c ■ ? Ti) y D _ / 2 § / E E \ a) E . Z 0c — Cl) .0 2 @@ m 2 0 6 2 E e ( < ZOOO > C / 0 \ W .0 c o r- $ G c [ \ w c g� \ o E @ aal . / ° ° = O Q CL m f §1- FIRE Oil GALETON VOLUNTEER 13EPl Weld County Planning and Zoning 918 !0th Street Greeley,CO 80631 To whom it may concern: The Galeton Fire Protection District has reviewed the plans for Dave and Janice Dyers RE:4149,4119. Our district has no problems with the layout of the parcels. The right of way leading into the properties is proposed at 60' which is sufficient as long as the maintained portion is at least 30'. We have requested that a fire hydrant be placed at the intersection of Weld County Road 57 and 74 on the North side of 74 at the entrance to the proposed properties. Terra West real estate is representing Dave and Janice Dyer in this project and all parties have agreed to have a hydrant placed at above location. If I can be of any more assistance please contact me at 970-302-8923. Sincerely, 07/f/4 Clint J. Heidenreich Fire Chief • P.O. BOX 697, Galeton, Colorado 80622 (970) 454-0681 5-20-05; 3:34PM;Eaton School Dist. ;e704545193 MAY 0 9 2005 Weld County Referral COLORADO May 3, 2005 The Weld County Department of Planning Services has received the following item for review. Applicant David & Janice Dyer Case Number RE-4119 Please Reply By May 24, 2005 Planner Michelle Martin Project Recorded Exemption Legal Lot B of RE-1555; being part of the E2 of the NE4 and W2 of the NE4 of Section 34, T7N, R64W of the 6th P.M., Weld County, Colorado. Location South of and adjacent to CR 76; west of and adjacent to CR 57. For a more precise location, see legal. Parcel Number 0711 34 100039 &0711 34 1000340 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. ❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan ❑ We have reviewed the request and find no conflicts with our interests. la See attached letter. Comments: • Signature \ l/Str-TtrK Sk(AOZ Agency f}'--r EC-WOOL- ��—,��cZ rQ�—a Date +Weid County Planning Dept. +918 10th Street, Greeley,CO. 80631 +(970)353-6100 ext.3540 +(970)304-6498 fax 5-20-05; 3:34PM;Eaton School Dist. ;9704545193 u • •. EATON SCHOOL DISTRICT RE-2 John J. Nuspl 200 Park Avenue Superintendent Eaton,Colorado 80615 (970)454-3402 (970)454-5193 Fax May 20, 2005 Michelle Martin Weld County Planning Department 1400 17th Avenue Greeley, CO 80631 RE: David & Janice Dyer Recorded Exemption RE-4119 Michelle Martin: We have reviewed the above applicant's request. The Eaton School District has a process in place addressing growth within the District. The School District has adopted a methodology to determine a cash-in-lieu payment for residential development within the District in order to provide adequate educational opportunities as a result of that development. The cash-in-lieu payment per dwelling lot is $1,043 for a total of$3,129 for this 3- lot recorded exemption. Payment should be hand delivered or mailed to Eaton School District, 200 Park Avenue, Eaton, Colorado 80615. A receipt will be mailed to the applicant and a copy to the Weld County Planning Department. Please contact me if you have any questions. Sincerely, \s? Timothy Unrein Business Services Director Eaton School District RE-2 Enc. Date Paid Amount Check # Received By :97O4545193 # EATON SCHOOL DISTRICT RE-2 Jr.Randy Miller 200 Park Avenue Superintendent Eaton,Colorado 80615 (970)454-3402 (970)454-5193 Fax March 3, 2006 Jacqueline Hatch/Michelle Martin Weld County Planning Department 1400 17th Avenue Greeley, CO 80631 RE: David &Janice Dyer Recorded Exemption RE-4149 and 4119 Jacqueline Hatch/Michelle Martin: We have reviewed the above applicant's request. The Eaton School District has a process in place addressing growth within the District. The School District has adopted a methodology to determine a cash-in-lieu payment for residential development within the District in order to provide adequate educational opportunities as a result of that development. The cash-in-lieu payment per dwelling lot is $1,043 for a total of$3,129 for each of these recorded exemptions. Payment should be hand delivered or mailed to Eaton School District, 200 Park Avenue, Eaton, Colorado 80615. A receipt will be mailed to the applicant and a copy to the Weld County Planning Department. The District typically does not go into developments to pick up students. The District would like to request that a covered bus shelter be provided (similar to what is found at city bus stops) that blocks the wind on three sides with a roof to protect students while they are waiting for the bus. The size of the structure would be would be approximately 6' x 10' located in the southeast corner of Lot A of RE-4149 at the intersection of WCR 74 and WCR 57 into the development. Please contact me if you have any questions. Sincerely, Timothy Unrein Assistant Superintendent of Business Services Eaton School District RE-2 Enc. Date Paid Amount Check # Received By • EATON SCH(i)L DISTRICT RE-2 Dr.Randy Miller 200 Park Avenue Superintendent Eaton,Colorado 80615 (970)454-3402 (970)454-5193 Fax August 1, 2006 Brad Mueller Weld County Planning Department 1400 17th Avenue Greeley, CO 80631 RE: T.L.C. Farms Inc./Dave or Janice Dyer Recorded Exemption RE-4119 Brad Mueller: We have reviewed the above applicant's request. The Eaton School District has a process in place addressing growth within the District. The School District has adopted a methodology to determine a cash-in-lieu payment for residential development within the District in order to provide adequate educational opportunities as a result of that development. The cash-in-lieu payment per dwelling lot is $1,043 for a total of $3,129 for this recorded exemption. Payment should be hand delivered or mailed to Eaton School District, 200 Park Avenue, Eaton, Colorado 80615. A receipt will be mailed to the applicant and a copy to the Weld County Planning Department. Please contact me if you have any questions. Sincerely, 401,- Randy Miller, Ed.D. Superintendent Eaton School District RE-2 Date Paid // /Zô rP Amount 3, I Zq Check# � 3 Received By MAPS - .,..1., 11-1..., — t IN" • ., c$ c oo: • '-≥'y 7? !ti ”.a.2;L . �. U� !- a li .9s 5,•g .; 'a gi-_7.--"7z. gE • . UJ �E L•PL .. +�S 90`� Y t Tit" dr, i ...9. 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I !l F O N "}1 IV V 3 oW 2 2O W 8 ` l C,, ,a ge 8 Z.4A.N It' u $ 1.4 .m Sa 3 ' g x a II IM \"� DyerRE - WCR57 NORTH 5 x\i„, COM CR 76 _ CR _ Lot D 404137±Acres .fch Center Pivot Sprinkl r Line '~ o L 6±Acres 4—ftgs ecess Lot B +-RES ccess 6±Acres `�� Lot A ♦RES ccess i±Acres Allis Reservoir 9'' "oo MR-7. Chr lit MAP NOT TO SCAL o 1999 DeLorme. Street Atlas U5 A r L' �.. i �I ' County Rd 76 • F4I . , r yyr $.. / .c : • ‘ " 01".g \ .. "�! ti ,t " County Rd 74 _ �__ 4, 1 eager r/ .F...,. -. --... . Eit .;airr�.i^ '� , • . t S 4 .1.':-.,..,.H.;;:.;"'". .. .. ._. h• 4: . .^W_f S_ y fir'• . .it . ....... .. .... . .., •*_ •..., ,.. .....,....,...„..0 \ .•�t. : -:gas .. u ss • fy' ':,,. County Rd 76 , /• \IIII....0.1.1.° .7,-';'. .t J' r'j 0'� ti 's. • • .;'•;... 1 . ' ., t......"'''',.... .:........,,;,,,.......,,,,.... ,.....,... m t \ .. . ..,. lit. 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Z. 1 r••••• .„ VAX' 'yVF'44, N 1 I rt.nigt r.•-*'-‘ *.A.`',✓^ - an4- onsinws•wous=cosy VAAAA VS VA 19 / . . iftrAAVUtra s ::1 l ' • r .4$' i 1 i r' I ,; le tAA.cos Aft 54 ' \ ,» lAAA '_S - fit %A °m E �.IOTA.... \ Aaa axt x osY Ax - A6 at seat loruaici \ P , mat- V. 1.. ,, sX I to jai Ai I KZ<aa9?], .. t,..xs • McAp F a raa,uraa4 r'.ist ?WY 41 _ ✓" : Nom + aAvr t trx+ Pte"' i�, r/ / a� : r' / C41'84' /f ilit WWII,,.}_IIIIIKNOIt ...f lAora qqee l D f i itIQA 4 A s�.. r , t ,. : tb Ar A=AV02x1 :.`.._ suaat�qwrn TA =Ade KG 1 '&i 77:lgVeSYfft"" .4i �p11Yra .VW 090.0114.1f iftktlt :0144. 0i '1\ . . , AOTY . • -'fie ISM ' 85^0R'7 , CAA g , � tstwig- � ,,' : t earocee-.- —Tit' T.A g I�It.s... �sraxf• --..-.--x-r..."..:..———•-—• new littrill1 •• it I.CAA A' _ a . AMV I I ;�5471, w h 1‘ v $aqR 3 • S If approved the Department of Planning Services recommends the following conditions be added to RE-4100, RE-4119 and RE-4149: RE-4100 2.L (renumber accordingly) RE-4119 3.M (renumber accordingly) RE-4149 3.J (renumber accordingly) The applicant shall submit written evidence to the Department of Planning Services from the Corps of Engineers indicating that they have no concerns with the applicants increasing the size of the Allision Reservoir. RE-4149 3.K (renumber accordingly) The applicant shall delineate a stop sign on the plat of RE-4149. The applicant shall provide to the Department of Planning Services written evidence from the Department of Public Works that they have satisfied this requirement. RE-4149 3.L (renumber accordingly) The applicant shall delineate an address sign on the plat of RE-4149. The applicant shall contact Lin Dodge with the Department of Planning Services in order to obtain the correct addresses for the lots. The applicant shall provide to the Department of Planning Services written evidence from the Department of Public Works that they have satisfied this requirement. RE-4100 2.M (renumber accordingly) RE-4119 3.N (renumber accordingly) RE-4149 3.M (renumber accordingly) The applicant shall submit a Private Improvements Agreement regarding collateral for all improvements to the road and signs for acceptance by the Board of County Commissioners prior to recording the plat or the improvements shall be completed and approved by the Department of Public Works and Planning Services prior to recording the plat. RE-4149 3.N (renumber accordingly) RE-4119 3.0 (renumber accordingly) The applicant shall complete and submit the appropriate building permits and pay the appropriate fees to the Weld County Department of Building Inspection for the existing structures (VI-0600241). RE-4100 2.N (renumber accordingly) RE-4119 3.P (renumber accordingly) RE-4149 3.0 (renumber accordingly) EXHIBIT • • The applicant shall address the requirements (concerns) of Galeton Fire Protection District, as stated in the letter signed by Clint Heidenreich. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. RE-4100 2.0 (renumber accordingly) RE-4119 3.Q (renumber accordingly) RE-4149 3.P (renumber accordingly) The applicant shall address the requirements of Weld County School District RE-2 as stated in the referral response dated 3/3/06. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. DEED • • CERTIFICATE OF CONVEYEIPES titOUNTY STATE OF COLORADO DEPARTMENT OF PLANNING SERVICES COUTY OF WELD The Security Title Guaranty Co.TITLE INSURANCE or ABSTRACT COMPANY hereby certifies that it has been made a careful search o its records,and fmds the following conveyances affecting the real estate described herein since August 30, 1972,and the most recent deed recorded prior to August 30,1972. LEGAL DESCRIPTION: Lot B of Recorded Exemption No.0711-34-1-RE 1555,recorded January 13, 1994 in Book 1422 at Reception No.2369031,being a part of the East Half of the Northeast Quarter of Section 34,Township 7 North,Range 64 West of the 6th P.M.,County of Weld,State of Colorado and The West Half of the Northeast Quarter of Section 34,Township 7 North,Range 64 West of the 6th P.M., County of Weld,State of Colorado. CONVEYANCES if none appear, so state) Reception No.3070391 ,Book---- Reception No.2609520 ,Book---- Reception No.2353835 ,Book 1405 Reception No.2353834 ,Book 1405 Reception No. 1984816 ,Book 1046 Reception No. 1753934 ,Book 832 Reception No. 1684015 ,Book 762 Reception No. 1638840 ,Book 717 Reception No. 1638839 ,Book 717 Reception No. 1638838 ,Book 717 Reception No.Page 48 ,Book 1126 The certificate is made for the use and benefit of the Department of Planning Services of Weld County, Colorado. This certificate s not to be constructed as an Abstract o Title no an opinion of Title,nor a guarantee of Title and the liability of Security title Guaranty company,is hereby limited to the fee paid for this Certificate. In witness Whereof, Security Title Guaranty Company,has caused this certificate to be signed by its proper officer this 31st day of March,2005,at 8:00a.m.. Security T. e uaranty Company By: uthorized Signature Security Title Guaranty Co. ft 3690 W.10th St.,2nd FL,7251 W.20th St.,Bldg.A Greeley,CO 80634 (970)356-3200 - Fax:(970)356-4912 Toll Free:1-888.825-3215 00 S. 111111111111111111111111111111111111111111111111111111 391 3070391 06/06/2003 03:40P Weld County,CO 1 of 2 R 11.00 D 22.30 Steve Moreno Clerk&Recorder WARRANTY DEED THIS DEED. Made this 1st day of May . 2003, between Robert H. Dyer and Phyllis Dyer ' of the County of Weld and State of Colorado grantor,and David W. Dyer and Janice E. Dyer 1/ g7.il,,14( 3 whose legal address is 28248 Weld County Road 74, Eaton, CO 80615 of the County of Weld and State of 64c-Lo ,grantees: WITNESS.That the grantor.for and in consideration of the sum of TWO HUNDRED TWENTY THREE THOUSAND AND NO/100 DOLLARS,($223,000.00 ),the receipt and sufficiency of which is hereby acknowledged,has granted,bargained,sold and conveyed,and by these presents does grant,bar- gain,sell,convey and confirm,unto the grantees,their heirs and assigns forever,not in tenancy in common but in}flint tenancy, all the real property together with improvements,if any,situate,lying and being in the County o f Weld and Stale of Colorado,described as follows: See Description attached hereto and made a part hereof. also known by street and number as Vacant Land, TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging or in anywise appertaining,and the reversion and reversions,remainder and remainders,rents.issues and profits thereof,and all the estate,right.title,interest. claim and demand whatsoever of the grantor,either in law or equity,of,in and to the above bargained premises. with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described,with the appurtenances,unto the grantees.their heirs and assigns forever. And the grantor,for himself,his heirs and personal representatives,does covenant,grant,bargain and agree to and with the grantees,their heirs and assigns,that at the time of the ensealing and delivery of these presents,he is well seized of the premises above conveyed,has good,sure,perfect, absolute and indefeasible estate of inheritance. in law, in fee simple,and has good right,full power and lawful authority to grant,bargain,sell and convey the same in manner and form as aforesaid,and that the same are free and clear from all former and other grants, bargains,sales, liens,taxes,assessments, encumbrances and restrictions of whatever kind or nature soever, except for taxes for the current year,a lien but not yet due and payable,and those specific Exceptions described by reference to recorded documents as reflected III the Title Documents accepted by Buyer in accordance with section 8a(Title Review),of the contract dated April 25, 2003 ,between the parties. The grantor shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable posses- sion of the grantees.their heirs and assigns.against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural,the plural the singular,and the use of any gender shall he applicable to all genders. IN WITNESS WHEREOF,the grantor has executed this deed on the date set forth above. 1 Rober H. Dyer Phyll' Dyer v STATE OF COLORADO •• P P ve( ) )ss. COUNTY OP WELD rl P �(1 . 'ZZOr• �41. The foregoing instrument was brie 1st day of May 2003,by Robert H. Dyer and.•hys}1 Dyer r My Commission expires: Augu •. Olt h.4„,.- Witness my hand and official seal. 4_ p� , Notary Public Kelly L. Belden WARRANTY DEED(to Joint Tatung)moMrteq File a IAOa7312AM it I� Uo47312A03-2 "NIMBI I111111'Milli IIII11 Mill III I IIIII • 3070391 06/06/2003 03:40P Weld County, CO Parcel 1: 2 of 2 R 11.00 0 22.30 Steve Moreno Clerk&Recorder The Northeast Quarter of Section 3, Township 6 North, Range 64 West of the 6th P.M. , County of Weld, State of Colorado. Parcel 2: A parcel of land located in the Southwest Quarter of Section 35, Township 7 North, Range 64 West of the 6th P.M., being more particularly described as follows: Beginning at the Southwest Corner of said Section 35 and considering the South line to bear North 90'00'00• East with all other bearings relative thereto; Thence North 90'00'00' East, along said South line, 1105.25 feet to a point 25 feet, more or less, West of a concrete ditch; thence North 00'14'29" East, 766.63 feet; thence North 18'01'58" West, 773.49 feet to a point being the centerline of said concrete ditch; thence along the ditch centerline for the following two courses; North 43'39'57• West, 627.28 feet; I thence North 09'59'41' East, 693.33 feet to a point on the North, line of Southwest Quarter of said Section 35; thence SOuth 89'58'47" West, along said North line, 545.74 feet to a point on the West line of the Southwest Quarter of said Section 35; thence South 0013'43' West, along said West line, 2638.51 feet to the Point I of Beginning, County of Weld, - State of Colorado. . Parcel 3: Lot B of Recorded Exemption No. 0801-02-2-RE 1778, recorded November 21, 1995 in Book 1519 at Reception No. 2464545, being a part of the West Half of the Northwest Quarter of Section 2, Township 6 North, Range 64 West of the 6th P.M. , County of Weld, State of Colorado. Parcel 4: The West Half of the Northeast Quarter of Section 34, Township 7 North, Range 64 West of the 6th P.M., AND Lot B of Recorded Exemption No. 0711-34-1-RE 1555, recorded January 13, 1994 in Book 1422_at_Reoention No,..2219031, being a part of the East Half of the Northeast Quarter of Section 34, Township 7 North, Range 64 West of the 6th P.M. , AND Lots A, B and C of Recorded Exemption No. 0711-34-4-RE 2001, recorded July 17, 1997 in Book 1616 at Reception No. 2558591, being a part of the Southeast Quarter of Section 34, Township 7 North, Range 64 West of the 6th P.M., County of Weld , State of Colorado. (for informational purposes only) Vacant Land I IIIIII IIIII III IIII lilt Ilia 111111 III IIIII III IIll Fl ;jL 2609520 04/30/1998 09112A Weld County Co State Documentary Fee 1 of 1 R 6.00 D 58.40 JA Sukl Tsuka.oto Date WARRANTY DEED $ .5Pk) ROBERT H. DYER and PHYLLIS DYER, (Grantors) for the consideration of Five Hundred Eighty-Four Thousand Dollars ($584,000.00) , in hand paid, hereby sell and convey to DAVID W. DYER and JANICE E. DYER (Grantees) , whose street address is 28248 WCR 74, Town of Eaton, 80615, County of Weld, State of Colorado, the following real property in the County of Weld, State of Colorado: The WhNE; of Section 34, Township 7 North, Range 64 West; Lot B of Recorded Exemption No. 0711-34-1-RE1555 as recorded January I3, 19-94" in Book I422- as Reception Na. 2369031, being a part of the ENE; of Section 34, Township 7 North, Range 64 West; Lots A and C of Recorded Exemption 0711-34-4-RE2001 as recorded July 17, 1997 in Book 1616 as Reception No. 2558591, being a part of the SE; of Section 34, Township 7 North, Range 64 West, together with a right-of-way for a ditch described in the Deed recorded in Book 772 at Page 362 of the Weld County Records; together with 2 shares of the capital stock of the Larimer and Weld Irrigation Company, 8 shares of the capital stock of The Windsor Reservoir and Canal Company, 7 shares of the capital stock of The West Irrigation Company and 12 shares of the capital stock of The Owl Creek Supply and Irrigation Company; subject to a Deed of Trust dated September 9, 1997 and recorded October 2, 1997 in Book 1630 as Reception No. 2572256 securing Metropolitan Life Insurance Company in the principal sum of Three Hundred Eighty-Five Thousand Dollars ($385,000.00) , which Deed of Trust and the indebtedness secured thereby, the Purchasers assume and agree to pay; with all its appurtenances, and warrant the title to the same, subject to all easements and rights-of-way of whatever character of record or now existing on said premises, including, but not limited to those for ditches, canals, pipelines, reservoirs, railroads, roads, telephone lines, utilities, power lines, or any other purpose; to all mineral, oil, gas and coal reservations, leases, and assignments of record; and subject to 1998 taxes payable in 1999. Signed this 3c>,,, day of March, 1998. ROBERT H. DYER PHYLLI,i DYER STATE OF COLORADO tt ) ss. COUNTY OF 1,01_, I) The foregoing instrument was acknowledged before me this 3(-;+r, day of March, 1998 by ROBERT H. DYER and PHYLLIS DYER. WITNESS my hand and official seal. '.M :.'ejmmission expires: `� 7 .,ZC,C,c, o-o-o- Notary Public a PU C1-\ ) i . 9J.J� C eilcfro\UYER�yARh.DED � IAlf>r7, 7".7-A7.*:*"'.1 f t"'1 .. . B 14110 02353835 10 -/-0-87/-9-3-7,-1:-----110 1/001 AR2353835- F 1404 MARY ANN PEDERSTEIN CLERK & RECORDER WELD CO, CO r QUITCLAIM DEED . THLSDEED,Madethis 7th dayof October .19 93 between Robert Harold Dyer niche said 'Couotyof Weld and State of Colorado,grantor(s),and Robert Harold Dyer whose legal address is 27999 WCR 74 of the said County of Weld and Sate of Colorado.panes). . W I NESSETH.That the Bamor(s),foe and in consideration of the sum of Beam the receipt and sufficiency of which is hereby admowledg d.ha remised.reieasr..sold and QUITCLAIMED.and by these presorts do remise,reka e,sell and QUITCLAIM unto the gramee(s), heirs,suoan5otf aid rte, forever;all the right,title,interest,claim and demand which the pentads)ha in.nd to the real property,together with improvements,if any,'Mule,lying and being in the said County of Weld and State of Colorado,described u fnfo s East 1/2 of Northeast 1/4 of Section 34, Township 7 N. Range 64 W of the 6 P.M. also known by sutxt and number as: TO HAVE AND TO HOLD the sure,tolribee with all and singular the appunta:mea and privileges tba unio bdansang or in anywise thereunto appertaining,and an the estate,right.title.interest and claim whatsoever:of the grantor(s),either in law at equity, to the only proper mt.beach!and beboof of the gramals) beirs and asigts forever. IN WITNESS WHEREOF:The pantoe(s)ha executed this deed on the date set forth above .../Lti a.o-.n.F11,1 cp.L Robert Harold Dyer g STATE OF COLORADO, ss. County of The foregoing iastrum eat was acknowledged before toe this '7 day of C 7C t .19 Of, ' by 1,4,-e-e yAro/d I y e r My commission a�on pices G I L/ .19 4 .Win=my hand and official seat 00',ty r o palwowae ' py� • Robert Harold Dyer 27999 WCR 74 Eaton. Co 8(,615 ., # C.," / was re Macs d Mali ozriitNmp Cresol W+0uaiplese lws•tss.tts) IY►l911 YeaHi aunraaM o® idiMelrI.IYIAZ013 Was St.Omer.e»0002-0031t92-Set-643 v , •,i B 1046 RFC 01984816 10/11/84 15:31 $3.00 1/0O1 It Rti� AR1984816 F 0586 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO y Olen i9g fiya*„�k FrtSL�wla, That4. ':Ic POE P'• L''"'"�='RT—an:, _ .axsi7iiii &�i 1 — - JA:iICE L. LEGE'r.E State Documentary F 'iS r; it-..1..1.. whose street address is ,City or Town of S.. -• Colorado County of '''old .and State of C ' _ for the - consideration other cord and Valuable consideration^. tion 3n• '�Eti :,:) ":/100-- Dollars. - 'O ET in hand paid.hereby:ell(s)and convey(s)to • E? ' ' '.,I i.^)fl, ' rlir.. 4 fly'r whose street address is "• 1 , Any Sat Ctty or Town-• :•1-Y- ;•''',ri'rX iyi Yt�? " County of Weld and the State of Co 1 rr r" the _ r; • - following real pmperty in the County of and State of Colorado, - - t+_wit: The Northeast Ot:arter (;i'1/tt) r„` ",•_t i,.:. 'hi-` -rc.'1: ( ••), . '-h= Scv.n (7) :North nf P an F.0 .`.i xt-�-ror (f: ::) •.',. r' r '. , . - . , .:''' • y - +-r !'n1r,.rado, `ogethn_r .lith 5n•ien (7)il:-hare'- of t-hr. ^.::1 r•'rnL . . i'.d Ir• � _ - - _. tion r:';^pany, our (it) ';hares of Wer..r 'frri gat:on -17:-/ and •.w, ( ) :h.1rj io the Larir.••r and Wr'1: Irr>t;atieJn •.w Iris, •.',,' _ ,.. i I; . :. . .. ,:. I I ditch rich` appurtenant thereto, and •t,r. with ^Pr ' •i':nrt•- ion, with all 3:J: . `enanCr_'3 and warrant-, thy' .- H.:le 1 . _,. . :lam.:.. ,:i: 'n' _.. mineral rer; . ,,.ti on r.Cis Se-d in So` F2i :1.-.:,•::- : '� ;;r•, - ._ .-. C'urt: . ?' -':;, r^;n_r'/-itio:,-, c'rld.t_ra: .•. - c�. -..,, - . _ r-- rr_ ,. d, if •i..i, o:1! l '?i. t.-ixn': :+;r• :r1': :.,-17,:':-:,- - ;' This -'^n , i. mad in .•1 1 f i 1 1 inc.: .l•,-c• , ... .., .: ., ..• : . . = .. . .. • - Ter- 1''•'.,. J:Jeer., •..fir,tl�i' .i.'- r,:1' ., .. . , , . ..l• `i. Y ,hr`s' .: ,,i r•r IP@'C^DLi;:. 17711:•';', 4,-4 ."..".•-.,...,r,—: Po, .. • . Ill t_ ..• • .I '.C 2r l i -.hr! r r-' h]ri .... •I r"C'''', .Y , - .r..'1,0' • '' . . . ,:.•: ... ... • � - ., -1y , 1 •xU w I TI.. , ,rn4,i'-,...,r-.,:,. ' • J' .•.. . ., • ., .r.. .. 4., .,. n-, _4,{ u't 1f '+• '0' a .1 '1 r a. `°� 1. .rtr. f.^n^r;r:.•.:n•: -a .. . - :r:• .. r_ . , 1 r-{kri4 41i-,.} 'ii. '�.--� ,a ;r.# I •l •:r:; n^l •lrt -Jr, :'• •:• _ •'i - -, _ ,joy x ; aA- �`"�t�, `,! ,_2 La : r 'on .z r ,-1 .l, I'rr... `.. :3: nnC, •:- . , '. n t; .,' `7o iII�? SC9.arptiitt,5tttc�s:'aactl rarxgiti(iX WIZ VI t7!0r�•+1't!&�`-taxt�nct xa......___.....f.........., .,..: +'y -_; 4....°'''..F, �c� r:r..:: w i Y. n-/-r:r:•. 'l .. :r,: ... •. .. f r:.4.V: �'j 'a `g'.--'"•�411--j. ,..:r-,."- .:1'!r. .,11'. .. .. FI.!rr.F:1: r:r. __ I;'�(, ,. c. . .. .•r 'r. . er J^ - Signed this // day of tr1• A.D. 19 • In the Presence of `' c/ f- ' r " —_.__—. "' 7` STATUTORY ACKNOWLEDGMENT 4T" STATE OF COLORADO, ' i mio,� "X ss' ,,.. Ji rt 1'. t County oft The foregoing instrument w-as acknowledged before me this flQrr,i.r,. 19..x.':'.,, day of ,.,...r.,. • `AML • �y By I.,-..,,,, �. ir' ^: •,rr .f•:, '• i % �,: ., ;, _ • Witness my hand and o'fi5,4i seal. . 4•/ ' 4 tr1 My commission expires_.rued- ?. i''A,s "'3�=" w•r ~ it �', ...:L/ .wt6r-112.+.c..! ,......<.i7�f. 7.2C II -.. .. . - .._ .. _ `; r'j'• Z _ ;'` Natsry Public ---I g•• 51, tl ------ --- Muting Addrn,rot I --- _- Future Tar Notices Name'_'___—--� Mulleg Address -_""�-- --F061,1 165 163 NCO.s•72 WARRANTY DEED—s-romnoar roar roe n.otoonu...e aewao-mc c.•.Koec.:,co..et.... ,r„O 1 U �y t Y .'{ t':- v2 'st'' 11iyt , ;Vo:- r,y�l: Ms p\,'"jr['4, r l'l: + ' i,,. 71t _ i. r at; 71 1 a t>pJ., ,, 16 SL, 1�P�Y 1 �; 1973 ;;:r • r K ttrrnr,lwl n! .'•I..rV (.:, 6� 1:3193,1 idAlt AI.111 IIIpw:mih! ih•rer•Inr. r-'I cV p n hrrrpllou No, �t)i, <V -•-_.:.:'--'»^—___.._..��_..�.:. .. M ,1:17P .I F'ILItir;4't',1;11i' 1�' 'i ..r flay 'Cttri)a;t;n, ah,drtltnlflth 1 • I KATHR111 U. DULL ,..� . _...__...._—__1 II • , y I .. S!l;{„ i.1r Ct1.TP f11'I! f l"— I City and t'„u yof Denver IIt'l ii1e'd . t7. urlh'' MP i 'r', 1078 ' 1'nlurlubr.of 1 he flrnl part,and rs. » y ' -r BOB R. LEGERE and JANICE L.LLGLRE / ',�, m"1 500 Coffman, Suite 104, Longmont, Colo. 80501 3 •�• P 1 ' tt•hunr IrKul adders Is ,�, u\ •, eount.of Boulder ....I s'r,tea( o nflhr , r-•t Colton,of the sorond',tort: • . - •i;'•'' 0WiTNESFETII,that the said party artbrfirst part.for fwdIn consideration of the AUDIof a i In -TWO HUNDRED NINETY-FIVE THOUSAND AND NO/100 D0I,I,ARS '° ' and other cond and valuable censiderntinns to the said party of the first part in hend paid by the sold parties of the t? second part,the receipt whereof is hereby confessed and:trim .Aged.has granted,bargained.sold and conveyed,and C ti. ` O I by these presents dues grant.bargain,tell,ropey and confirm unto the raid parties of swv,nd part.their heirs and 0 assigns forever.not in tenancy in common but in joint tenancy.all the following described lot or parcel of County of WELD and State of Colorado,to wit: i Innd.situlue,lyingand being inthe , 00 The Northeast Quarter (NE;) of Section Thirty-four (34), Township Seven (7) North, a. °; —t Range Sixty-four (64) West of the 6th P.11.' TOGETHER with seven (7) shares of The .i Owl Creek Supply & Irrigation Company, Four (4) Shares of the West Irrigation Com- ..17:',; :' ''i',- - = pany , and two (2) shares of The Larimer and Weld Irrigation Company, and 200 unitty� z a,° of water as allocated by the Northern Colorado Water Conservancy District, togethe''' t,�. with all ditches and ditch rights appurtenant thereto! and TOGETHER with improve • - a �. ments thereon; AND TOGETHER with 1/2 all oil, gas, _ 'd other mineral in, on or under subject property. It being understood grantor reserves any remainder over •I �, aalsaltmmar-,xzrarsaFaalaa= 1/2 conveyed to grantee ` Tot:ETHER:vitl,all and singular thehereditamentc and appurtenances thereunto belonging.or in anywise upper- .' taininL an'i the ,eversion and reversions.remainder and remainders.rents.issues and profits thereof:and all the estate.right.title.itt:'•r.•st.chino and demand whatsoever of the said party orrbe first part.either in law or equity.of.in 1..._ -' • I :tnd to tltr al'•ove l.:u•g:u:'r,!•.t'•ui... ,veil h the he reditnments and appurtenances. - • ITO HAVE AND TO HOLD the..,i•I premises:.hove bargained and described.with the appurtenances.unto the said pn.., ;I„•.,r"r'.!p;u•t.t heir heirs and assigns fore,et:And the Paid party of tilt.first part.for himself,his heirs. • _ 1 Arnim.:rulers.,lo,-s cr..enant.grant.bargain,and agree to and with the said parties of the second part. . - eir r•.•I Int:ar t hr.tine-••t the unsealing and delivery of these presents.he is well seized of the premises —. ' I alarm con,• i g urn,prrfvrL absolute and indefeasible estate of inheritance.in law.infee simple_and has woo',right,f,:ll;•'.wer,.,„!la.•'ful a'.ithnr•ity to grant.bargain.sell and convey the same in manner and form aforesaid, ;:,,,-....f. '-'s' -. -- ._t and that:!:,."ante are tr+•••and cl.ar front aid fi•r•,t." ::rut.ether,.-r: tts.bargains,sales.liens.taxes.assessments and �i _;. - tl r Except Ir cuvumhranee-'•rwhatetel kind',raw,u„•r,,,,err, general taxes and assessments for thL '>' _ year 1?7P, and subsequent years. Subject to easements, reservations, restrictions . t- �: and conditions of record. ryx t kf I and the above bargained premises in the•tiniet :util tell iii I sessinIt or the',aid parties of the second part.the ._ -s survivor of them,their assigns and the heirs and nssig'i'.•f earl,survivor•against all and every person or persons E lawfully rinimingor to chant the whole or any part there'd,the stud party ol•the first part shall and will WARRANT AND `J= l FOREVER DEFEND.The singular number shall include the phimal.the plural the singular.and the use of any gender s shall he applicable to all genders. " n iN WITNESS W IIERF..OF the said party of the first purl has hereunto set his hand and seal the day and year first ! abovewrittcr..il v,r' 1 Ii Sivnud.Sealed and Delivererl ii,the Presence of a,._ �.. „'t��f t..i., ,f,-: ` -. -__._ -- LL :•.I •-.Kathrin D. Ruel • . s r; . iSEALl t;. - -- --_. Psi, ' t - i,• , .:.'14,0.14 ineCOLOItADO , �_ I 'C } ear fnnatynr Denver fit. ut q�f. • }•y' .i j 18th dn}1.r May 7t ,k ` i}In(nrrgfrinKinstrum!'ntwasnrkhnwledttedlrfarrntrlills `w' I 1'y '.yg lerk1`D'f`Bue1 + l n Qr • " •f. III.'�' ,11'Itlu'as uq hand and nrfhdalsrah matk r: { »r'.:'; it.. 1. (', 1.': tee- '' \.Hoeg P,blly i ry I C- - x ,r ern,n21A, a thath't r little, .....11.0f"l''sen... 8.4.'04l ba.barr r'.•.II 1 P,ram,NIl„t,lir,ur1.i Iotnt till M111 ,t' 1 i, .14 ' . -•••• - . : , 5 .. • ; .• - ' � ill 1 .11 ▪z• .' �, Remy, _...-.—...'cc�,. MAR 2 )76 I. N r!62 Pee Na ibS 10: 5_ - - .•F,c, Jr., Recorder : `6a 1 •.4,0 C.` DEED OF DISTRIBUTION M:, 1 BY _ _ PERSONAL REPRESENTATIVE (INTESTATE ESTATE) "� �' THIS DEED is made by KATHRIN D. BUEL as Personal Representative ?, .7-4.5 .i . . of the Estate of Adolph H. Heyde, a/k/a A. H. Heyde, deceased, v` Grantor, to KATHRIN D. BUEL, Grantee, whose address is 1554 So. c Downing Street, .enver, Colorado. • Fi .u. WHEREAS, Adolph H. Heyde, a/k/a A. H. Heyde, died intestate o at Denver, Colorado on May 29, 1974; ', . off, rK WHEREAS, Grantor was duly appointed Personal Representative 7-_ of said Estate by the Probate Court in and for the City and County _ �. of Denver, and State of Colorado, Probate No. P-61058 on ,,:# '! October 30, 1974; and is now qualified and acting in said capacity; 4 �i and �—�- WHEREAS, the Grantee is determined to be the person entitled ` ` • .4- ;-' to distribution of the hereinafter-described real property, and x -.;; Grantor is authorized and directed to distribute the same to .� Grantee. F. ,_-r.__$ ' ' ,.: T _ NOW, THEREFORE, pursuant to the powers conferred upon Grantor, ...-, by Article 12, Sections 711 and 907 of the Colorado Probate Code, .-3� Grantor sells, conveys, assigns, transfers, and releases to Grantee - : -_ the following real property in Weld County, Colorado. �. rt -;.., Northeast Quarter of Section 34, Township Seven North, ; ,fir Range 64 West of the 6th P.M. a ,.a,, with all appurtenances. :4herever used herein, the singular shall include the plural. uc this , — day of March, 1976. Executed T;' - . Ew;.• ` 2 J• i �l . \., #4,....1.,-.,•,--....--:,,•,'.� ••.I. h'. " 4t Kathrin D. Buel as Personal c` ;:. Tf, Representative of the Estate of -'o a -.7"-.i° ,.:1, Adolph H. Heyde, a/k/a A. H. •�, • ':_. :,_1.'1 � 1 Heyde, Deceased. � � �r STATE OF COLORADO ) ss ai ,-1 : - s City and County of Denver ) m� ti The foregoing instrument was acknowledged before me this ie- ,o day of March, 1976, by Xai:hrin D. Bud! as Pcrsonal Representative r� �y of the Estate of Adolph H. Heyde, a/k/a A. H. (Heyde, deceased. . Witness my hand and official seal. } ,..e' eM commission expires February 26, 1990. ti - ;•. . .. 6 .. .. 4.r T i ., ...,.. . . .• (......--e? 5 a ,�� Notary Public tV ft i ••"• ,S• ..ti r 4l Convenience deed - No documentary Fee :i ti �. lc,wk--7-77.7--7-- � ;� ,,,,A,j is ,Ito A.. a -N.— •, t"• •,L { _. .,• �"y a,i `�- t VC:`•M."1$I •• 'F 1 Y - !;'1 w ' ' ..�C•s,T ,..^� '` ._ R `c'� t'--,....i.-,Z•t�woi .. -•r,.. •� ,.. -,••-•.•. yy r.N+• 1� rY i b4 '"..t.•.,...`I d 1!o n • �.'i t - _ - ,-. r fry 4.•� ; 't �� Q`� JUiti 1 R 1974 - - a .-4+ •- v a_:, 1 a.' ^�Lr.4r••• Recycled of r o'etode PA Tti ,{adks t.ti t:. yyy'''n xT1 M T• ~� r� '>ry ,M Ree. No. 1638938 s. t.co shehr, Jr., Rron!rr. lr • k L i y'N'f- L�f�yt ik �.�. "•: _ ..•"m S, '' �•i."N$C• 1Y ..�+:_t.L::.s _ ...,—.., :_a /—/ _ s 1 ?3:-si STATE CS MORAN) . > M s 1- 4• UNITED STATES Of AMERICA �, •''`• . A. 7 CEATI:Y'MIS Dp:UMC'IT IS 1 TRDE AND CORRECT COPY ' y. `'5 '•t -. . < 7}8 Of THE cuec.M4l1Etom Iu ur carom I43uEn �. _ ''z .twi*-ta Fr°r> LO7'CVO_ .:111111e. l�^a y .40{.1141Q i�1Lr p •• vn1 l mow 5%-••.z .../. k • ..i .i Pfd• . '�� 4$,,•,',..i.81 4} .,u or;._ "e �. . 40 1.OAVIe6 r • - '•k '•s-� -,:,....1,, ,�,y., •�� •..• �� •1L &MC^nL6L.TlrIG nr ST.,. •,.•e: - - ' " A •'o J,,,,,,:,,-;•_,-/,4:t„..„,,,„,tsi,•, . k , r, ra ; ''1157,4 61 COLORADO FEB 1 7 r . • � � t..p ' '1'�'y",CAR•11EICATEOF DEATH ,,? "`�^ CATHERIf:E nA - E HEYDE I. regale II " 5-u.ry 4 togs IL'''.' g`C"a r t. white I, E'...('...• I ... '`.. Dec. 3, 1897 , Drn- - T•••� ` -•: .• m y mow $ ... e_..c.•„e ,c,-.-cTri.,- 43::L.r:3...a .,�a ._�.L.,•,:,.._.....t ... .. . f'�:. ..•._.....-- l-_•tt •d .l tDanver I.. ye?�� ., 345 Albion t:. 4:•'a ; ✓ .a, .^ ,� :.::7:.1..............•• .o_ ia L St. ............ ... I yay+t�"� * _ _ dr'. .r. T 't: . Colorado J.S.A. ,y ro:tiotl Adcioh H. Heide ,. la-...% irn•,,:_..:.r...al• ..�cc ice::.°.......• .•..w..s...r... I �.I •r 524-39-55'7 3 IL, Tax Clark „ State of Colorado •.e a:Lrr.I•.•T C.••r, t,.• ro«.a..x••o, f i' �` ▪+• a# e" Colorado !•M Denver 1... Denver l.'yos�`I.. 345 Albion St. I ▪ w �, .. 1o'+n A. r'on_rieff I. Ketherins Dwyer ��, .C,T Y.,x�� -.... •I_.,.ow,a;tit.,tY •••,..........,, '''' ....._. • •• g ; +k'L`! f.•S. +; Y-1+Frin Cnr3:tiy 9uol Dlughter I,n 1554 5Co. 80210 ... .*,!,,,,„,, .,--•••"R '- o. 0coln.n• St., Ccrr_r• C I 1 ` "f 'l Myocardial infarction, acute I 10 minute L � f �,a f +'" 55;t:-=';'"-.:4--1..--:. '71Sr Ir`- _ \ Coronary sclerosis 1 year r;:. 1,, 5 •..r T_.-.-�- I ff a y edema / �.r _` j ur O s,4�ffi .. I •�Pu1•+on r n ' Via, u J G �; h •ty 53 /, ' r .. :'*rI^"s-,. L �C eI yam}, - j" ':se ll= An•Jin= C•_ year i.. r ? •I -ti.�?�.4.5.4'....•eS; Lo o - C" Yaxat 1. :� ... -• �i:. ...._. �.,.,.. .. .., .. .,•,._..._.,. ..... ... 'J}' .r �`. YG* r�4.... • „. . . • '"1..' '• r • . •r! 1-.i-72 12/14 I '✓ L ;.Y� �rt r '� Fla f��'�+ •-.., .. ... _. .._ _. ...._ -...�`�:L:L_an•.n ...E�•no•L.. -_ ... ., �• � • ! r,:,. '�y$ '11, fi IY44, i �. i s 1 I - L) tea ��14•: n."`'`i+ _ I i, ....�.:_- _y - -1.. .,,.r.r•, ..'.. ..._2�4./. Z... .L�"va• 1* ',14� .chr rra .._'NS"»"h^ ..-r=.._� .'n^' -(!! v r�,r--. r'7J^t. rcic�.-.pJL'C'.�y ,kr"44- g _� .. .- Coro-a.. F r -a` ' 51t41f.:• •N Y YS -SW.' ?W..'-�e3�i•1.�+• •.•y T4'ti14` -4 , ' T'7 F^ ii, - t • ;S•, V•'..al 4I t ,A�~ 1 1 ig0.Yr 4. ''' ''I'. - - _ _ P 21y r .n io4 k raven 4^'�M a'r'c. +. ?-e..3- i '{`r••1y4�'j J4"wxsr ti.ac`r „S.'Tn �.. r{�vya 2,p .•�,'Nd'L. „ : ,r H. a s -ltI. c- { F...z 3!jsr3 .. `t-�YAC - � 1 •` ,y� .may ro It _ 4 Y ..a r5 .VI r h 7 ^ _ .. _. _ r ,. .,, ht _ ti -L+., . a.. gip ��,,y� Recorded at. 11 oa o'cioc�_M..• C3 �7��1i 1 i `t ; C:4 1638839 _ _JR...Recorder. ' �A'tae p 111. Reception No...._ ._.__ -- __ ss'€ �.r �"� I=r ` RECORD R•S STAMP ,P.L, - is 4' CT A TL, ,. . +AT AD ATVI 1 • .;: yf ,`} t las. �� Citx...6...County of Denver In the matter of the title to SUPPLEMENTAL AFFIDAVIT. • real property in joint tenancy. rT _ — ... ..1 being first duly I w LLQ L'+• 1611C 11t, ‘Tr , tn t...1 sworn upon oath,deposes and says,that__—he is of legal age and has personal knowledge of e r-' fact that..—Catherine .-i, iieyde Catherine Mae __._..__..__.—__...—.__ _-_.-___..-_—is the same person as_...._-..._.._—_.---.- Heyde car ......___referred to in the attached copy of the Death Certificate, certified — .. r n to by the State Registrar of Vital Statistics of the State of Colorado,on the-.- 6th day of • _.__.,-June,.. ...,_. _,19___24„and was at the time of h..e.t.death on the_-4th-_ ._-__day _1 rr Februa 72 Adolph E. .,:_, of__,-____- ' -. , 19.7 .,the owner in joint tenancy w th--- — Heyde Yt 1-2 of the following described real nro y situate in the__._..._......_.._County of We.ld_...........__... ---2,-_ h NE/4 of Section 34, T 7 N, R 64 W,- I.= t and State of Colorado,to wit• -._.. -- --- - �'•� 6th P.M. F AliV �._.,.---.�—..__ —..-...-..._--._. —..._----"_----_--••_-•,_--_—_—._.._—.__..-"—___—_--_.-__._ .... .y is '� • mtc !!e i I -..-- -----------....---.-..-----..— ,., .: yy 2• d that-_.he n.s no record interest in said real p:operty. t r x . p i _____,__ sr,___ ______ _ , ,,,,,_I ....."•:”:.••••""•• ^ „,_'4- ,--zV.i.-3,:-.7,,.... ....,.t = f I --.,44,,i'4.404444,4., x3wIP� r �r I ' d srora to before a e t is':2tn---day °`- --_.ne -.,IS._?.` ' .�z �`'rc .r --Myt-ctir¢:ulrn e p.res--__-_.__._--____--.....-..-----__.___._ _--...--.----- ' , iy#, O. ems, h I to�,) kt t...\C-'../1", ,�, -aiy' f l¢lirt} 'qS, , i'il .,:-...•'1 _ F �✓Yii��_-- �1„'�' � Esc" ,t. ?`�si,% Notary Pebfic. a ". y.. ' ; IS0.884.lte..$7 0VPPLEMS.YTAL ernDavST-h Joint Tmaner--ArwAtom Pnb,l.es Cc.:wl.••a_.st P.at L`.—.re:.C..r....—:r rF .. y to t ".10* 3_.. .106--":'6412r: ,y> L•'+s.Sf},cu7.7�,Y• "�t2". } �1 �.4'-',.'� ,rr"'" ti "'^ .�c rf.Y' 11,r.`",'''''''r''''' ^yt>f-G'm ` ra.. ""'". -,4.,.,:r " S:•.aa a-.' !',t^.Lr '''4'-' rr 3 F4 , -s.. 3"'�.. .3 . '•qr . ��., � �r �. `� xy,� ��-,�" 'i'EF�� 'yr�A L.i .��n.�'� Symms t �. ^- � tis.� Y.._..�-' •-=--�" _; eitti • y -, ---.7, -,..t",..--: , .. '-..; _... .--� - {r• �- -dRr 'r;.�socT"h� ''�/�•S`,�"'. -s_ ��+r _ •-s..-'K`-,..�-'� � . z-m .�. �-c -"ya "'i c , s--fi t+, eti , a e Y" �' 4 .-..�. *as .�I _, ^r •'1i `r ;:d. .k ;a y-f .. ::4:-..--,,tom Y q.,f (mot-,.1a:t ? #..3 4-_44:::=W----,.z,•;-•-'4,--,;-%- ..,7`;,4.- .�'° 'k• 1 �'• ,'.3--1 t � 4 a� y,„ ,f'� '^ .,�,.T,)-'-^""'-++� r..,�..•-;a r_ Q, �' `'c*'C"., t 7,17_1-2 s ,-�,••=f;,_',,,,...44:1--'7,3._,•? ...' -'Y k ?> ;-• ^'n I. .C• :7 $r -- 7" 4,,,n ��..l' t*` a 1, .''�.a- a S tar-' . 5 �. `V'' `--"• z�r eiv ,..fr-5.'A `7�. r, x 'z a ,.- --'",_...w-.:"r*e'l's- ' t- -'f r w�9 - i -....,- •e‘-‘,AL-.-- -..',7.,t7:-:'s..._ f�F es..-- `$va--1,1,3.d:- , - �t E .- -3- '-4,,,,:"..„..„6-_,1:-.--;,•,--:1-� .inter.• r7j 'a .� t u" t� -•,.., �i >��:�r y.y, _5.z- 3�i+a •;- �'2 7'�S y-, "°_',.,4 t.+,,,` '4.__,....,,,,V,4,,-...;%• c-"' st 3• _ ',f3'�"� �r. : -.......22,j.:- i .t - • ,. ... _ _ Ii `..•..� .debt • ' -1 .. - -- _-----.CD It embd at •°0 reeled: �, 118 1974 - � '71'7 -- PORN 17 Rae. No. 1638840 PORN S. Leo Streiw, Jr., P.eoailee - - - STAT OF COLORADO /—, --' — DEPARTMENT OP LAW - INHERITANCE TAX DIVISION - RELEASE OF INHERITANCE TAX LIEN 0 pEstate of�._.-f:athe g ._iig.X�e�R[k[a—Cgitherine Hey _de. - .•_ • en so Date of Death_.F eoruaEy 4, i9.72........2..... a1 110 7§7,§.1„_________ o t Gross Estate $.,--.--•._,--,a__ _ a It appearing to the attorney general that it is not necessary to preserve the lien en granted by the Colorado inheritance tax law against the hereinafter described real estate, --- o in which the above named decedent had an interest,by virtue of the authority vested in me - 0 under the provisions of Sec. 138-3-61, CRS., 1963,I do hereby forever release and discharge o • the inheritance tax lien against the following described real estate, to-wit: rl— m NE/4 of Section 34, T7N, R64W, 6th P. M., Weld County, - .-. ' .—I State of Colorado, held in joint tenancy with Adolph • H. Heyde. - fit a .1! k i T la7 ♦��+i r t, Ti'' },.. 17'1 v t y -,.J77.:, i"t.A xr1'. =r' ,t Dated at Denver, Colorado, Duke W.Dunbar, Attorney General of Colorado September 21 72 `-, B y . Neil Tasher, -- '-' Assistant Attcmey General -_ _ Note This release must be recorded In the office of the clerk and recorder of the county in which the _ property is situate. -— • 1111111 11111 3111 I I I 11111 11111 111 1111 1111 391 3070391 06/06/2003 03:40P Weld County,CO 1 0l 2 R 11.00 D 22.30 Steve Moreno Clerk&Recorder In WARRANTY DEED TII[SDEED. Made this 1st day of flay , 2003. between Robert H. Dyer and Phyllis Dyer of the County of Weld and State of Colorado grantor,and David W. Dyer and Janice E. Dyer whose legal address is 28248 Weld County Road 74, Eaton, CO 80615 of the County of Weld and State of ([�lek r cs c o ,grantees: WITNESS,That the grantor,for and in consideration of the sum of TWO HUNDRED TWENTY THREE THOUSAND AND NO/100 DOLLARS.($223,000.00 I.the receipt and sufficiency of which is hereby acknowledged,has granted,bargained,sold and conveyed.and by these presents does grant,bar. gain,sell,convey and confirm,unto the grantees,their heirs and assigns forever,not in tenancy in eanunnn but in joint tenancy, all the real property together with improvements,if any.situate,lying and being in the County o f Weld and State of Colorado,described as follows: See Description attached hereto and made a part hereof. also known by sheet and number as Vacant Land, TOGETIIER with all and singular the hereditaments and appurtenances thereunto belonging.or in anywise appertaining,and the reversion and reversions,remainder and remainders,rents.issues and profits thereof,and all the estate,right,title,interest. claim and demand whatsoever of the grantor,either in law or equity,of,in and to the above bargained premises.with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described.with the appurtenances.unto the grantees,their heirs and assigns forever. And the grantor,for himself,his heirs and personal representatives,does covenant.grant,bargain and agree to and with the grantees,their heirs and assigns,that at the time of the ensealing and delivery of these presents,he is well seized of the premises above conveyed. has good, sure,perfect, absolute and iudefeassbk estate of inheritance. in law, in fee simple,and has good right,full power and lawful authority to grant,bargain,sell and convey the same in manner and form as aforesaid,and that the same are free and clear from all former and other grants,bargains,sales, liens, taxes,assessments, encurrOtrmces and restrictions of whatever kind ornature suever, except for taxes for the current year,a lien but not yet due and payable,and those specific Exceptions described by reference to recorded documents as reflected in the Title Documents accepted by Buyer In accordance with section 8a[Title Review],of the contract dated April 25, 2003 between the parties. The grantor shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable posses. sion of the grantees,their heirs and assigns.against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural,the plural the singular,and the use of any gender shall he applicable to all genders. IN WITNESS WHEREOF,the grantor has executed this deed on the date set forth shove. ( 7( V ✓ __ Robert H. Dyer Phyll Dyer • STATE OP COLORADO = P� Pve( ) )ss. COUNTY OA WELD O1" .1 L•'•n , •fZZ �� The foregoing instrument was.•crrtpw soLoest rtte ! 1st day of May , 2003,by Robert H. Dyer and "rhy4.1 y"er,.'ei •..d3j4•..-.... O f My Commission expires: Auger• O2'r•/ Witness my hand and official seal. l J Notary Public Relly L. Belden WARRANTY DEHm(to Joau Teneuts)no«now Eder 17W7312Aa3 cII U047312A03-2 �tllll 11111111011 liii I11111111111111III IIII III llll 3070391 06/06/2003 03:40P Weld County, CO Fercel 1 : 2 of 2 R 11.00 0 22.30 Steve Moreno Clerk& Recorder The Northeast Quarter of Section 3, Township 6 North, Range 64 West of the 6th P.M. , County of Weld, State of Colorado. Parcel 2: A parcel of land located in the Southwest Quarter of Section 35, Township 7 North, Range 64 West of the 6th P.M. , being more particularly described as follows: Beginning at the Southwest Corner of said Section 35 and considering the South line to bear North 90'00'00" East with all other bearings relative thereto; Thence North 90'00'00` East, along said South line, 1105.25 feet to a point 25 feet, more or less, West of a concrete ditch; thence North 00'14'29" East, 766.63 feet; thence North 18'01'58" West, 773.49 feet to a point being the centerline of said concrete ditch; thence along the ditch centerline for the following two courses; North 43'39'57" West, 627.28 feet; thence North 09'59'41" East, 693.33 feet to a point on the North, line of Southwest Quarter of said Section 35; thence South 89'58'47• West, along said North line, 545.74 feet to a point on the West line of the Southwest Quarter of said Section 35; thence South 0013'43" West, along said West line, 2638.51 feet to the Point of Beginning, County of Weld, State of Colorado. Parcel 3: Lot B of Recorded Exemption No. 0801-02-2-RE 1778, recorded November 21, 1995 in Book 1519 at Reception No. 2464545, being a part of the West Half of the Northwest Quarter of Section 2, Township 6 North, Range 64 West of the 6th P.M. , County of Weld, State of Colorado. Parcel 4: The West Half of the Northeast Quarter of Section 34, Township 7 North, Range 64 West of the 6th P.M. , AND Lot B of Recorded Exemption No. 0711-34-1-RE 1555, recorded January 13, 1994 in Book 1422_a5 .Recentlon 149, 2369031, being a part of the East Half of the Northeast Quarter of Section 34, Township 7 North, Range 64 West of the 6th P.M. , AND Lots A, B and C of Recorded Exemption No. 0711-34-4-RE 2001, recorded July 17, 1997 in Book 1616 at Reception No. 2558591, being a part of the Southeast Quarter of Section 34, Township 7 North, Range 64 West of the 6th P.M. , County of Weld , State of Colorado. (for informational purposes only) Vacant Land 111111 IIIII III 111111 IIII IIIII II III III IIIII IIII III 2809520 04/30/1498 00:12A Weld County Co State Documentary Fee 1 of 1 R 6.00 D 58.40 JA Suk1 Tsukaeoto Date • WARRANTY DEED $ r.1f() ROBERT H. DYER and PHYLLIS DYER, (Grantors) for the consideration of Five Hundred Eighty-Four Thousand Dollars ($584,000.00) , in hand paid, hereby sell and convey to DAVID W. DYER and JANICE E. DYER (Grantees) , whose street address is 28248 WCR 74, Town of Eaton, 80615, County of Weld, State of Colorado, the following real property in the County of Weld, State of Colorado: The WANE; of Section 34, Township 7 North, Range 64 West; Lot B of Recorded Exemption No. 0711-34-1-RE1555 as recorded January I3", 199"4 in Book 14-22 as Reception Nu. 2369031, being a part of the ENE; of Section 34, Township 7 North, Range 64 West; Lots A and C of Recorded Exemption 0711-34-4-RE2001 as recorded July 17, 1997 in Book 1616 as Reception No. 2558591, being a part of the SE; of Section 34, Township 7 North, Range 64 West, together with a right-of-way for a ditch described in the Deed recorded in Book 772 at Page 362 of the Weld County Records; together with 2 shares of the capital stock of the Larimer and Weld Irrigation company, 8 shares of the capital stock of The Windsor Reservoir and Canal Company, 7 shares of the capital stock of The West Irrigation Company and 12 shares of the capital stock of The Owl Creek Supply and Irrigation Company; subject to a Deed of Trust dated September 9, 1997 and recorded October 2, 1997 in Book 1630 as Reception No. 2572256 securing Metropolitan Life Insurance Company in the principal sum of Three Hundred Eighty-Five Thousand Dollars ($385,000.00) , which Deed of Trust and the indebtedness secured thereby, the Purchasers assume and agree to pay; with all its appurtenances, and warrant the title to the same, subject to all easements and rights-of-way of whatever character of record or now existing on said premises, including, but not limited to those for ditches, canals, pipelines, reservoirs, railroads, roads, telephone lines, utilities, power lines, or any other purpose; to all mineral, oil, gas and coal reservations, leases, and assignments of record; and subject to 1998 taxes payable in 1999. Signed this day of March, 1998. ROBERT H. DYER DYER^C ,PH LLO STATE OF COLORADO ss. COUNTY OF (k)4 ( '1 The foregoing instrument was acknowledged before me this �Ca h day of March, 1998 by ROBERT H. DYER and PHYLLIS DYER. WITNESS my hand and official seal. M'y"cpmmission expires: '7 <7 •QC,()o.) ,(11.11;y a� ,42, erc� �o-o- Notary Public f'U C LAG : o r'Ac O\DYER\FIARR.DED 'IJJ 1;•C1-4V11r1"C �w•S��'��:'J C��t 1 ^aEaC3 C-VA: • 01, INN4Re353d34 B 14 02353834 10/08/93 13:59 1/001 P 1403 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO mmemoomm na.,,.o QUITCLAIM DEED THIS DEED,Made this 7th day of October .1993 tetween Robert Harold Dyer cite Said a('n'ney of Weld and State of Colorado,vantor(s),and Robert Harold Dyer whose legal address is of the said Countyof Weld and State of Colorado.grantee(s) WTINESSETH,That the Bamor(s),for and in consideration of the sum of Dollars the receipt and sufficiency of which is hereby acknowledged.ha remised,released,sold and QUITCLAIMED and by them presents do realise release sec and QUITCLAIM unto the grimee(s) heirs aotss ors and assiglu foretis�all the right,title,intacst,claim and demand which the grantors)ha in and to the real property,toY th wi¢h imptovemeotss,if any,situate.,tying and being in the said up: of Weld and State of Colorado,described as follows: West ) of the Northeast k of Section 34, Township 7 North, Range 64 West of the 6th P.M., Weld County, Colorado also horns by street and number as: TO HAVE AND TO HOLD the same,together with all and singular the appurtenances and privileges thereunto belonging or io anywise that:u to appertaieiq.and all the estate,right,title,interest and claim whatsoever.of the graawesL either in law or ccuay. to the only proper use,benefit and beef of the gramee(s) heirs and assigns forever. IN WITNESS WHEREOF;The grantor(s)ha es euted this deed on the date set forth above. n n - Ro rt Harold DyerPA../ STATE OF COLORADO Weld The outgoing iestrum�wa aetmowledgnd before me this 'T day of C G .19 ` ). b io6.ett 'de/id d y.e r ! My a MIDIS ion cxpitec (p - ii(- ,199a.Witness my hand and official scat .3.1..P......1:0' ....6e.C.;\f //47.„ 6...,„:,,,.... ,, I v ;,...,O �` , r+omr n esc ^ye�ima'. .- 83obert ki+Kold 27999 W 7 L.Es�too, ?4615 4 8 .•• Macaw Maio d Intro Qua[1'nU'Carina Wt nmlµiaoQ INStOaS,CW M AU RR HZ QUrr MUM D» 49 Indfaxl r ssosaie4 174.3 wax St.Mans CO 11720:—(303)292--ztou—690 rpt"e-v . L� T _ • � B 1046 RFC 01984816 10/11/84 15:31 $3,00 1/001 IL AR19B4616 F 0586 MARY ANN FEUERSTEIN CLERK 6 RECORDER WELD CO, CO • •y- Know all turn bg thR'8P iprks£ErtiS, That'(, Wc, BCE °. LEGEfl_an'-- : State Documentary F JANICE L. LEGERE ..— note --- - whose street address is City or Town of 3.. County of Weld and State of Colorado .for the .. consideration of other good and valuable consideration and :."•'10o-- -- ''' Dollars. ,.__ _ in hand paid,hereby sell(s)and convey(s)to '0B ..-— ':Y' " a - Eaton, Colo. 90615 whose s:roct address is '- • 1, R(17 8a, City or Town e• '!•a:'YIcY.yyricx."4:7' ;41'7 _. County of Weld and the State of Col c,rado� the ' fallowing real pmperty in the County of and State of Colorado, • to-Wit The Northeast Quarter (NE1/u) of "n_ . . '7,-,:7--:-f, ' „ • ( ) .. S�•v,.n (7) North of Rance i x-,-temr f 6 1 •. . , ) ', __..----- -'-- _ Colorado, together with seven (7) share- , ' • ". '• . .. • :It' • - _ _. _,. .. tion Company, four (u) shares of West ". . - ,•II. . o: the Lorimer and Weld Irrigation Cog : ... .: 1'1 ----- ditch rip,ht: appurtenant thereto, and • - •hr'rlr __ on, i• .. - .. - _ - --' with all a: ..• s and writ �e le t, . • -• mineral e 3. .:. .!...!r• .. :••. _ Count.: Record-. , • . - -I n., . •. .• reccr'd, if a-'. •, ... . . .. • .:•:-'- ... . • . ... •- bFr.veer1 Pot ?. L ... ,',..-n, j ., . ? , 7.^ . ... • Jerald :.. Dyer, . . , . .. .• , . • . • - -• • un'ior ?ec^_pt1 on . .'': . ?c.r .. . . : . ,. the purchasers dr . . .. .• . •.. , as p,trchaner r53 Dyer. /tm�:rdment ' :n 3qck 93y, tint`•: :- •: r. .,, r (i tsa Ksa2eppr>r tttoestorsa.4ir:.rrarx(sxthtrbluezoute.annie;=rust It't _ Dyer._r w i r, -F, 'vn • -«' , under ^,n 1,t :ns.• i. _ • , . '. . • ' of Tr'•1'. . ••.• . ..... .......• • • , . :• • . .. ....... • w Signed this // day of C,.•• : •-: A.D. 19 { In the Presence of / --- —` - .- STATUTORY ACKNOWLEDGMENT I •, STATE OF COLORADO. / I _ ss. County of ';`' The foregolnr instrument was acknowledged before me this ... ...,. day of.............Y?,Gs2??p£:.. ., r 19.._.° 01..L.. f,V B E �'t; • ,,eF•:. ,,r,. „anice t.. ., r.-•, -t.. . ,c:, . . •• A. Witness my hand and offi l seal. 1/4,..., Qt. t ' My commission expires...>..,4st! ? ••• .,:.:;.6-- ~I C r _.i (� F Notary Public l'I -. -—--- .................... ---N.ma "�--y--- M.IIIeI Addrea.NTY DEED—a,sTtnoRl roe.Po.r..o,O.R*PHIC fOORo—TM[C.P.MO[CR[L CO..D[MVER ■r.° , , . • ft ill. • 9 •,' VI! t�, 1 } 197x3 .. jq 4tt� g�l< liev^Ndad nl.. 'Meek n SL' 1�nY 1:1 �1 - ,�S�h 1" ryl^k ANN 1'I:IJI:f!aTClhl It„rnrrlNr. V' u 1 stay lu 7g rPII , 'Pll ly Di i it, Mode this 18th day or ! :, hcttveen ��. f i KATHRIN D. BULL - �.t Slate pxumAnlary fen i ! C�': Ci city and County of Denver indRtnteur 3 ! riA_ �. Cnlnr MAY .1,,,E 1978 : 'r::;. t __ Calnrudn.^f the fh•al port,nod DC!0..... d _ BOB R. LEGERE and 500 Coffman, SuiteJ104, Longrlant, Colo. 80501 S -1.5.1 '�l . .. " l"1 whose legal nddreas Is hfvc Ill Cnuntynf Boulder ,,,iState.r • O '_�I _ of the c=' ri Colorado,of the second part: .?,:,?#,..;.,{ri' et WITNESSETIL that the sold party of the flret pert,far and In considvrstion of the Meal of A '' . b.+ — — — —TWO HUNDRED NINETY-FIVE THOUSAND AND NO/100 DOLLARS 0 i•` and other good and valuable considerations to the said party of the prat port in hand paid by the said parties of the O s a second part.the receipt whereof is hereby confessed and uckne .adged,has granted,bargained,sold and conveyed,and 0 by these presents does grant.bargain,sell.convey and confirm unto the Maid partiea of second part,their heir*and aw assigns forever.not in tenancy in common but in joint tenancy.ell theWELD following described lot or parcel end State of Colored^,to wit: • ^ ' land.situate,lying and being in the County ofrq 'v; The Northeast Quarter (NE1) of Section Thirty-four (34), Townshio Seven (7) North, OD Range Sixty-four (64) Hest of the 6th P,ii•' TOGETHER with seven (7) shares of The .-. Owl Creek Supply �t Irrigation Company, Four (4) Shares of the West Irrigation Corn- < .� pany , and two (2) shares of The Larimer and Weld Irrigation Company, and 200 units m ,- ' .�.-,F of water as allocated by the Northern Colorado Water Conservancy District, togethe � _ `N, with all ditches and ditch rights appurtenant thereto-- and TOGETHER with improve- f •; ments thereon; AND TOGETHER with 1/2 all oil, gas, . 'd other mineral in, on or ,, under subject property. It being understood grantor reserves any remainder over .g �1 =aksaVewm7,ae-satrretaaL�aexalaee € 1/2 conveyed to grantee } TOGETHER with all anti singular the he retlitaments and appurtenances thereunto M•longing.or in:m}•wise apper• twining and the•'eversuon and reversions. remainder and remainders.rents, issues and profits thereof:and all the . • -- estate.right.title.interest.clans tint'demand whatsoever of the said party or the first part.either in law or equity.of.in ali, �,• _- - —_- and to the above b:u•gatnull premises.with the hereditaments and appurtenances. :fp'.,,.;^ TO HAVE:1NIt TI,milli the•aid premises above bargained and described.with the appurtenances.unto the said t t+. parties of the second part.their heirs and assigns forever.And the said party of the first part for himself.his heirs. -, s esecuturs,:net administrators.d,.,•s cor rnanL grant.bargain and acme to and with the said parties of the second part. ti< their heirs and assign..t hat:it the tune of the ensealing and delivery of these presents.he is well seized of the premises above conveyed.a,of ivied.sure.perfect.absolute and indefeasible estate of inheritance.in law.in fee simple.and has • . Yr, good right,full{seiner:end lawful authority to grant.bargain•sell and convey the same in manner and form aforesaid.• v ---- _ - - and that the same:tre free;and clear frosts all former and other grants.bargains.sales.liens.taxes,assessments and �V i _t encumbrances eftrinuererkindoor nature seaver. Except general taxes and assessments for tht: I '. year 1978 and subsequent years. Subject to easements, reservations, restrictions a"-..TV;:•.•,..,-..,--, and conditions of record. ="`+' , • - i anti the above bargained premises in the quiet and peaceable pussessinn of the.said parties of the second part,the ;•• L• . t: '.!- survivor of them.their assigns and the heirs and assigns of such survivor.against all and every person or persons -, l: lawfully claiming or to chant the whole or any part thereat',the said party of the first part shall and will WARRANT AND 34, r FOREVER nEFEN[t.'fhr singular number shall include the plural,the plural the singular,and the use of any gender ` shall be tq,plicable to all genders. tr 3 dry .: IN WITNESS WHEREOF the said party of the first purl has hereunto set his hand and sent the do}•and year tint �', . -- above written. �t .- Signed•Sealed and Delivered its the presence of ISE A1.1 '•Koch rl n 1• Reel ` . tttt ---.-. - .-._. - y ^ . 4 • ' - 148. •rC) y; a a' ..Cyountyor Denver 7q The 18th day of May .111 i• Thn(nrvyf lnYln eP„ml!ntwnsncknr,lvlvdgedbef^remetltls W. t,y,•,.y�flr \0'�t3ue1 l! .•'pt ,HI ryt•r,WI I. my hnn,l nn+l uftiotrl su it •• _ l .li.: tt_ / ,' L fee_ N.,161 1`ePlu. • - • •��• t . Nib#21A, nAfllf./YF? t/.a th. is Jnlat'hniat.,..b n rae e.�l, di.norr„ i.!t PI ltum�Sltori inn rr.rnl��t 0b0ui!I MV h. 1 - - 1 ,':.j1•AFT... 1 o _� MAR 2" 1376 V I" ,...wdn� at ...r ....-1_..�eciccR M. .__ ,,.•:* �" r/fit Re. Nv O.11°_45_ - - .,,-MM, J,.. R.ardr . . - - j r'q • DEED OF DISTRIBUTION 1 BY "�� PERSONAL REPRESENTATIVE ' 4 (INTESTATE ESTATE) 4 ' C' THIS DEED is made by KATHRIN D. BUEL as Personal Representative „� -i of the Estate of Adolph H. Heyde, a/k/a A. H. Heyde, deceased, ,r,_. Grantor, to KATHRIN D. BUEL, Grantee, whose address is 1554 So. ,: • . ' C" a Downing Street, Denver, Colorado. c r, •r u, WHEREAS, Adolph H. Heyde, a/k/a A. H. Heyde, died intestate •;.•''' o at Denver, Colorado on May 29, 1974; WHEREAS, Grantor was duly appointed Personal Representative , x• 1,11 of said Estate by the Probate Court in and for the City and County �q a , of Denver, and State of Colorado, Probate No. P-61058 on ""' October 30, 1974; and is now qualified and acting in said capacity; ` ``t �1 i; cf... and s •.: do I .fl = r.�_ WHEREAS, the Grantee is determined to be the person entanded . . ... . to distribution of the hereinafter-described real property, ="'; Grantor is authorized and directed to distribute the same to �•_, ,;`r� Grantee. r. __► .i • a 5=4 NOW, THEREFORE, pursuant to the powers conferred upon Grantor, e by Article 12, Sections 711 and 907 of the Colorado Probate Code, 1 �r rr Grantor sells, conveys, assigns, transfers, and releases to Grantee the following real property in Weld County, Colorado. ,_: Northeast Quarter of Section 34, Township Seven North, ;,A Range 64 West of the 5th P.M. • •, 3 with all appurtenances. I' ?` ti� � `.' :Wherever used herein, the singular shall include the plural. %' +A Executed this day of March, 1976. t..•,_ ;ti^ ., • ' i. ,. �. 4 r Kathrin D. Buel as Personate `s:v Representative of the Estate of .., Adolph H. Heyde, a/k/a A. H. ':...., , s Heyde, Deceased. ; F . STATE OF COLORADO ) s, T" ss ; City and County o£ Denver ) ° The foregoing instrument was acknowledged before me this le , ` •.- ` ' day of March, 1976, by Kai:hrin D. Rue1 an Personal Representative • of the Estate of Adolph H. Heyde, a/k/a A. H. Heyde, deceased. - Witness my hand and official seal. ..:.. ('qty commission expires February 26, 1980. •. �; •.,r.,T•';y-' �' •.l«.r*i ��. .-,L� • .,_},+, . Notary Pudic -r). •••.. i. . ...•'r •, f.„ . , ,,.5. , .. . <t r •c m-s Convenience deed - No documentary Fee * ,�,,N+ wLtPj } « xt. 'Al' t t � *., t t :' 'a k' -'Y tick Yt: f.+. _ S h aE' dy ill } �7 c ' !r z t r\r h {'� . •'' .'•k/ ''tie -, s. le.t,v - -4 45)4-71 J, /� JUN 1 R 1974 • ?r.:::-,."4,-_-. ::,:g'..".'1'..Y4 4 Reconiod et o cincl! M -' `, `''''. ),y, ` ., .' Rae. No. 1€38938 S. Ise Shehee, Jr., Retarder /—/ nJt. MTAIE 0►COLORADO glrtt°ITATES off AMERICA .'', ��r+' E CERTIK.Tf1I3 OO(U74t n IS E TRUE AHD CDRREM Corr F' '~� ., .% Oi THE CRIC,IRAI,1IAco 0 III GY CUSTOCY.ISSUED I. ,. t -- - :'�'.CUL , ''iftet r• 4n-ra " _ ... fe .ru le ti IV/4 i..- '•. Y7 _ror ,. I' -2M 0,,,-4. '' marxi4 t'I'Xt.DnYIDS'.---' ��s.- ( orris$ .A..... . n - 7 14,,,,....r iU . DATE •col sit•to n. sr•n ,Iws•..► 'r, :' •••' sIA1>� to COLORADO FEB 1 7:37 2 ,' n , t y r CPR`31FICATE OF DEATH 1121 d CATHERINC r'AE HEYDE . I a Female I, rebrusry 4_ 1077 - - a .:.,,..7, _..-.««1._.."`I •ct-......... _.....—t o..e a.I'.'....._.. +,aw,•G.at.:_ white I,. 81 I"" •1... f,. .. ...�,"Dec. 1. 1M890 ll Crc..fa.,0i.c•ri•L.a1•r. ^):,y'I».::: -a) a c. „r... .....Donl8T••••••.•...---.. -_ _. _ a y Denver. . 1I,. Yee •e. 345 M1blen St. r. •rr•.•• ._. c•r.re.0. r Ca... .Zig to 1.•••••••0 M.N.! ..•.•....et...a.. • 1 Colorado • (. J.S.A. ., rorrSod Adolph H. Hoido, . . ..-. - ,ova ucu•,r.,w•.. . 9CCV::.°..... .. ...... . . .....« ... ..,00.w a .. r.tu o•. 0 ,t 524-38-A511 3 Iyw.•.:,I, Tax Clerk ,,. State of Colorado •eror•ar-s•••r co.." C••• •0••.00tOCar:o• •••• -••.,,•re,•w,r•01• • . Colorado I•. Denver 1.,. Denver .., yes I... 345 Albion St. Jotin A. r'ancrieff I,. • Katherine Dwyer •. 1,ihrin Onrsthy Sue! Daughter I.•• 1554 So. Downing St.. Denver, Co. 80210 Myocardial Infarction, acute 10 m{nut t Coronary sclerosis : _•...._. T-.L 1 year ! •Pulmonary edema .��A sA♦...ocrrM -4etr t. h� V ..---._,... .. An7ine, one ycar.. ......... !. .._ ;.{_.. L' i IF. _ _ 3/IJ/-,7 2-4-72 _11711771 `' •, r ✓1tt�`rC..1 ...•_.---1.. D— 2, «2/4/72•. .. '� +• . 4c'Zinn": r 1 Ito WIT a rzl far. r - ,n.,.r Cr:to F. - - .— . ••• rr,tr.-o.en) It•• ._._o,rit r't.ua3l2 " -- La,:lr. Colorado .' > E , t • `'_•_ '11..t � 1'' _ ' {•:c..•.:.r Cult., cv:au _ .... _ 1, fC . Y r 1 ',G , t , 111.1 'I..C.•.20e•.%0.t/ r �.: 1 ' '5`'78 C' •}-2 � T 1 • •T _._.. o y Recorded at g o clolockiLM.. JUN�8197�4 4 ' Ot. 1638839 1SHEHEE' jR' .Recorder ReceptionNo ..._........_..._.._ .._..__......-4_444. RECORD*R'S STAMP CT A TL !1L' Cr,'"AD A"0, 1 f ' City 6 County of Denver l� `__ •- ` In the matter of the title to SUPPLEMENTAL AFFIDAVIT. c: real property in joint tenancy. o` ii6 ...• ,...“=..., ....... _ ,being first duly 4,rl sa sworn upon oath,deposes and says,that........he is of legal age and has personal knowledge of the O1 Catherine M. Heyde Catherine Mae I-' fact that ._.___.____....__..._.. ...._.._._._.....is the same person as ------- •- N Heyde __..referred to in the attached copy of the Death Certificate, certified — 0 C..) to by the State Registrar of Vital Statistics of the State of Colorado,on the. _6th - day of • _........aurae___._____. .._,19_--Z_4.,and was at the time of h.res.death on the__-4:th-...____--_._..day O° __ _Adolp h H. - - x of February _.19.72,the owner in joint tenancy with — -- Heyde _ _ of the following described real pro y situate in the___........______County of Weld ______ _ and State of Colorado,to wit:_____... NE/4 of Section 34, T 7 N, R 64 W, — 6th P.M. And that____.he has no record interest in said real property. 4 ! .r�09� �, _12th June 74 ? y• l r-d,♦ � d sworn to before me this. ____day of _ •15- r f�j.. AO Att ?/26/76 __... ' : r? 1LOPlAamthaon expires_ _ ___.. _/ ..._....../� '1 \',-•t k' & O• C 1 purr r� i s.1• CLf-^z C. — .- • - • No.984.IW,81.0UPPLSl4NTAL A?ImAVIT-1w Mat T,uwer.-11....114...1 P!yr.hiy Co..Lw1•:7 Wi=t!Am.!,Manz.Cq:cr'..—:O.4: _-- - .. 4444 4 - - - _ '711 F t 38940 a deer .4 �, :JUN 1 /01114 r r Ref. Na. Sr Las Silsbee, Jr, Raos ft STAT3 OF COLORADO /''-, DEPARTMENT OF LAW INHERITANCE TAX DIVISION RELEASE OF INHERITANCE TAX LIEN o, CD CO Eaiate of ._—Cathe.ring. ....BAYde..---ai.k a C ath erine Hei de —_._._.._ CO • Februar 4 1972 Dateof Death_.___...._..._._ ._�__ .. __-----_----•-------.._-... —.... _.. Y.__ —. r-1 • ----_ .__ m; Gross Estate $ 110.,762.81_--•--.....____---_----__-..— r+i o It appearing to the attorney general that it is not necessary to preserve the lien to granted by the Colorado inheritance tax law against the hereinafter described real estate, a • in which the above named decedent had an interest,by virtue of the authority vested in me o under the provisions of Sec. 138-3-61,CRS., 1963,I do hereby forever release and discharge o the inheritance tax lien against the following descriled real estate, to-wit: oho NE/4 of Section 34, T7N, R64W, 6th P. M. , Weld County, • r ' State of Colorado, held in joint tenancy with Adolph H. Heyde. ,, •.. 'l _ ,,: i•. i 1r. P • +t Dated at Denver, Colorado, Duke W.Dunbar, . Altorney General of Colorado. - _ ..- . • September 21 , 19 72 By. .._ _._._ _ _.. ..._._...� - ... Neil Tusher, Assistant Attorney General Note—This release must be recorded in the orrice of the clerk and recorder of the county in which the - _� property is situate- - " �_ -elk/ D- / — YIP o r r o .' , l. • $ ?S irB _ 4Y3 „ r u t �. , •_,:‘,., :s-_,,,,:,.-,. .,'64-4: ;: ,-,- ,t p .. 7,. ` 'eel g . . . Awl kl, :_0 . -yam, .��r ~E�. - r tivavesail;t • �* •••:.0.,N- y si 1 �at tied I. `' d Adci. • ,tip etas ell f �, rvce - v � l 9 a - . ` ? ores et Ida. Ind ems .t arsr. hind deist: 2 .!r ... . !bat as INK R jet the lxd part tar sad in eoaaldaratica et the sea at ' • D011.►*s, area med piggy aft gira piggp pm fa band laid by the said parties et the mead pert. the rweetat wheat le —; lame 1—_- •I did had premed. Mrsafaed,sold w aoa � •a.d.sad btaw l*a...f.ws 0 AI.podgy aidl,mew, eldlille rats Os Mild earthen et he seemed Ms% not fa Maaaer la swaaa bet fa Mit dMt.no sarelfse fit*oft ldr anionand lbs litre w amens at stash eeevfvelr trrevoe.d five foam- ,fat dsadslld 1st at fried et lead. atteate. Dew and islet is the Re Id and fiat. atfledorads, Swell: ease.c _s - -•' "*The Sertheast quarter (Hgi'-) of •ieotion thirty four (34) 1`�� ' a Townmop Se nP (7) )1. eNorth ofla Range ful riSixty ghts ofour (64) lest, pulpits roads and irrigation ditches, if there oye 50 together with (4) shares of the OwlCreek Supply ivi Irregation ua.pany; two (2) shares of the West irrigation • ,' Co., said two (2) shares of the Lariaer & Weld Irregation Co., together with all improvements now located on said A. � 133,9 TORIE7WILM Mil all ant atntash: the h.redaaasats and appertsnances thereunto beloaglas, or in anywise y!«able,. a~ the ewreeeha and reversions, twaaleder and remainders, meats, !awes and duets thereof; and all a.mats►alsbe.title.Merest.slabs and denoted whatsoever of the said part of the first part, either to LkW Of Mta.K.to nod to ii.:::n: :.az-.-:�. yes. wftt ,y, -TedIlt•mdmintli--__-__ _nd appurtenances. " TO NAYS AND To NOifl tits sell premises above bargained and described. with the apparaaneae.e, raw the all mesa a las sessad part.tie antr,tror of them.their ashes, and the heirs and amigos of much survivor for emir. AM the said gait at ate fiat part,for him mei f his heire, eicrirsirs, and adalatatratoaa, soya se fait. plant. batpb and epee to sad with the said parties of the secontaarl, the survivor of then. their asatpa sad the belts and mime et each survivor. that at the time of the d [Neel_ he 1.11 well sobs* et Me premises above conveyed. as of good, sure: w delivery of d flees eds et laheil4aes.la kw.fa tea ehpls,end haabsolute sad mss f tlesibla se bartpaib sea fad aroarq fie sae b e good right full power sad lawful authority to great. seise and faun aforesaid,and that the mine are tree and cigar from all former • albs OEMs greeds. bsrgelea. @aka 1tank tares.aseeeemeate and laaaabranos of whatever hied or nature soever. 1aelsnbranoe now of record due S.A. Hoover not exceeding S3,9c0.00 1, and the above badeRead preares la the quiet and wetter at faMfit the saaeals w the heirs peaceable possession of the said parries of the'mud part, the rs ad assigns of such survivor,against all and every person or persona )per fie,er r fade tin wawa or any part thereof. the said Dart WARRANT AND FOREVER DD. B of the ern part shall and it fN WITNESS wNaafaor, lbe said party of the urn part ha 5 hereunto set his seed the day sad gm year fi above written. hand and / - -4nad.Reeled sad Delivered to hie Pr'e"eece of ...e74_0(-42} __ .. (SEAL) _ ---_.[SEAL] i 16s -- [SEAL] STAT1 OF COLORADO. ,a'`: City & county et Denver The lar�elan batnmeat was acknowledged before me this 44 th clay or '` $., August . 1dt3 , bye --Tn � John Ford. _ - ;:..- lY2Z':tAY9 my hand and official seal. _ �,: NY oollin slog a iksio 4 ebr y 11, 1946 end County of Deaver Colorado-- `ee My cArn*+union expert!Feb 11. 1946 -1:: :F-aiotif(/.42ilea. _ notary eyrie. * Mrseeslaa IllrRspeeiu. �ewwwe�elaswt tale se ampsit er parses aettttg la f, #� twit i sleatigebeletaair mr esamestRs t�s Meetisat`dee d.ter:: ass d estlwdsesestt m t it oath] ° eft`':a r-. et wgwsetea aeaaae tc-lea,. I . r 4. • a 4 • GRANT OF ACCESS AND UTILITY EASEMENT THIS GRANT OF EASEMENT made and entered into this /4 day of July 2008 by and between David W. Dyer and Janice E. Dyer hereafter referred to as"GRANTOR'S"; and who are the owners of Lot A of AmRE 2001, being part of the E'/2 of SECTION 34, TOWNSHIP 7 NORTH, RANGE 64 WEST of the 6th P.M. The "GRANTEE'S" are described as the owners of record, heirs or assigns of Lots A, B,C and D of RE 4119, and Lots A, B, C and D of RE 4149,all of which are all located in E% of SECTION 34, TOWNSHIP 7 NORTH, RANGE 64 WEST of the 6th P.M. and Lots A and B of RE 4100 located in the SW'/ of Section 35, TOWNSHIP 7 NORTH, RANGE 64 WEST of the 6th P.M The "GRANTOR'S" do herewith grant and convey to and for the benefit of the "GRANTEE'S", an access and utility easement, described below as the"Easement Area". Considering the east line of the Southeast One-Quarter (SE '/.)of said Section Thirty-Four (34) to bear North 00°02'14"West,between monuments as shown on the plat,and all bearings contained hereon being relative thereto: EASEMENT AREA Beginning at the Southeast (SE) Corner of said Section Thirty- Four (34); thence along the east line of the Southeast One-Quarter (SE 'A) of said Section Thirty- Four(34),North 00°02'14"West, 1434.07 feet; thence leaving the east line of the Southeast One-Quarter(SE '/,) of said Section Thirty-Four (34),South 90°00'00"West, 64.96 feet to a point on a curve (C2) bearing to the left which has a central angle of 83°31'25" and a radius of 65.00 feet, the chord of which bears South 48°14'18" West, 86.58 feet to a point on a curve (C3) bearing to the right which has a central angle of 79°06'43"and a radius of 10.00 feet,the chord of which bears South 54°51'21"West, 12.74 feet;thence,North 90°00'00"West, 585.84 feet to a point on a curve (C4) bearing to the right which has a central angle of 90°00'00" and a radius of 30.00 feet,the chord of which bears North 45°00'00"West, 42.43 feet; thence,North 00°00'00"West,22.10 feet to a point on a curve (C5) bearing to the left which has a central angle of 45°10'28"and a radius of 88.85 feet, the chord of which bears North 22°35'14"West, 68.25 feet; thence,North 45°10'28"West,351.75 feet to a point on a curve (C6) bearing to the right which has a central angle of 45°08'15"and a radius of 120.30 feet,the chord of which bears North 22°36'21"West,92.34 feet; thence, North 00°02'14 "West, 811.47 feet a point on the north line of the Southeast One-Quarter (SE 1) of said Section Thirty-Four (34); thence along the north line of the Southeast One-Quarter (SE '/.) of said Section Thirty-Four (34),South 89°41'17"West, 282.50 feet;thence leaving the north line of the Southeast One- Quarter (SE '/4) of said Section Thirty-Four(34) and along a curve (C7) bearing to the left which has a central angle of 82°02'17"and a radius of 70.00 feet,the chord of which bears South 49°32'38" East,91.88 feet;thence, North 89°41'17" East,72.80 feet to a point on a curve (C8) bearing to the right which has a central angle of 82°21'05"and a radius of 10.00 feet, the chord of which bears South 49°08'11"East, 13.17 feet to a point on a curve (C9) bearing to the left which has a central angle of 82°06'09"and a radius of 64.98 feet,the chord of which bears East, 85.34 feet to a point on a curve C10 bearing to the right which has a central angle South 44'35'31" ( ) of 89°28'14" and a radius of 10.04 feet, the chord of which bears South 45°02'48" East, 14.14 feet; thence,South 00°02'14" East, 530.52 feet to a point on a curve (C11)bearing to the right which has a central angle of 55°52'59"and a radius of 15.00 feet, the chord of which bears South 36°33'00"West, 14.06 feet to a point on a curve (C12) bearing to the left which has a central angle of 163°48'28"and a radius of 65.00 feet, the chord of which bears South 00°45'05"West, 128.70 feet to a point on a curve (C13) bearing to the right which has a central angle of 63°19'23" and a radius of 15.00 feet, the chord of which bears South 41°44'18"East, 15.75 feet to a point on a curve (C14) 11111111111111111111111111111111111111111111111 III liii 3564217 07/02/2008 09:09A Weld County, CO 1 of 2 R 11.00 0 0.00 Steve Moreno Clerk& Recorder bearing to the left which has a central angle of 41°40'23" and a radius of 180.30 feet, the chord of which hears South 24°20'17" East, 128.27 feet; thence,South 45°10'28" East, 357.09 feet to a point on a curve (C15) bearing to the right which has a central angle of 45°10'28"and a radius of 28.85 feet, the chord of which bears South 22°35'14" East,22.16 feet; thence, South 00°00'00" East, 22.10 feet to a point on a curve (C16) bearing to the left which has a central angle of 90°00'00" and a radius of 90.00 feet, the chord of which bears South 45°00'00" East, 127.28 feet;thence,South 90°00'00"East, 635.88 feet to a point on a curve (C17) bearing to the right which has a central angle of 90°02'14"and a radius of 60.00 feet, the chord of which bears South 45°01'07" East, 84.88 feet, thence,South 00°02'14" East,259.60 feet;thence, North 89°57'43" East, 10.00 feet; thence, South 00°02'14" East,396.52 feet; thence, South 89°57'43"West, 10.00 feet; thence,South 00°02'14" East, 557.18 feet to a point on the south line of the Southeast (SE) Corner of said Section Thirty- Four(34); thence,South89°34'40" East, 30.00 feet to the Point of Beginning. The above-described parcel contains 4.53 acres,more or less,and is subject to rights-of-way and/or easements reserved for Weld County Road 74 along the southerly side and is subject to rights-of-way and/or easements of record or as may now exist. The"GRANTEE'S" shall maintain the "Easement Area" at all times in good condition and are solely responsible for all repairs and maintenance of such"Easement Area". The purpose of this access and utility easement is to correct, replace and supercede easements recorded at Reception #3561529 and Reception#3414825 and Reception #3414826. "GRANTOR": /41/1'David W. Dyer Janice E. er STATE OF COLORADO } ss. County of WELD The foregoing instrument was acknowledged before me this 0 4 day of July 2008, by David W. Dyer and Janice E. Dyer. My commission expires Ye h :2/ ,, c)/1. Witness my hand and official seal. ....44000s*--. .t • OOps'• Notary Public ; �'IkOTAR Y rs— .s •.PUBUG ‘:,1 111111111111111111 lIIII 11111 liii! 11111 ll 11111 1111 Ilit 09:09A Weld County, CO 3564217 07/0212008 2 of 2 R 11.00 D 0.00 Steve Moreno Clerk& Recorder 00 BOARD OF DIRECTORS I NORTH WELD COY WATER DISTRICT CHARLES ACHZIGER 33247 HIGHWAY 85 • LUCERNE. CO 80646 RALPH PRIOR DON POSSELT, DISTRICT MANAGER JOHN JOHNSON CE BUCK RINEHART r P.O. BOX 56 • PHONE (970) 356-3020 • FAX (970) 395-0997 NELS NELSON www.nwcwd.org • e-mail: water@nwcwdorg March 9, 2005 David Dyer Wayne Howard-TerraWest 800 8th Ave. Ste 323 Greeley, CO 80631 970.353.0982 This letter is in response to your inquiry regarding water service to the following described property, Approx.27570 WCR 76,Lot B,and Approx.27511 WCR 76,Lot A,in a portion of the W'/2 of the NE '/a of Section 34,T7N,R64W of the 6th Prime Meridian. Parcel 07113410039 1. Water Service is presently being provided to the above mentioned property through meter#: 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. 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(PUD),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). 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 CBT allotment is less than 50%. A portion of the Raw Water Fee is utilized by the District to construct storage reservoirs. North Weld County Water District does offer a Residence Only"RO"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 1/2 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. 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 P:1Legal Document\L.etter of Intent120051DyerDavid_WCR 76HowardWayne(03-09-05).doc 1 of 2 BOARD OF DIRECTORS NORTH WELD CON Y WATER DISTRICT CHARLES ACHZIGER mmmik33247 HIGHWAY 85 • LUCERNE, CO 80646 RALPH PRIOR DON POSSELT, DISTRICT MANAGER JOHN JOHNSON CE BUCK RINEHART I ...r P.O. BOX 56 • PHONE (970)356-3020 • FAX(970)395-0997 NELS NELSON www.nwcwd.org • e-mail: water@nwcwd.org March 9,2005 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 an Acre-Foot Unit(AFU) $12,000 Meter Set Fee Per Tap Base Portion of Plant Investment Fee $7,500 $1,000 Distance Portion of Plant Investment Fee $6,600 Line Extension Fee$32,000 (22 miles) TOTAL Up-Front COSTS PER TAP $27,100.00+Line Extension Fee Price is valid for ten(10)business days from receiving this letter. Normal Pressure Range 60 psi to 80 psi Maximum Pressure 80 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 requires 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 $24.00 Minimum 10,000 gallons and up $2.40 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 their 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(#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 known as Inside-Use Only taps. The water surcharge for a RO 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. P:1L.egal Documents\Letter of Intent120051DyerDavid_WCR 76HowardWayne(03-09-05).doc 2 of 2 BOARD OF DIRECTORS1 NORTH WELD COILWATER DISTRICT CHARLES ACHZIGER 33247 HIGHWAY 85 • LUCERNE, CO 80646 RALPH PRIOR JOHN JOHNSON DON POSSELT, DISTRICT MANAGER CE BUCK RINEHART P.O. BOX 56 • PHONE (970) 356-3020 • FAX (970) 395-0997 NELS NELSON www.nwcwd.org • e-mail: water@nwcwdorg March 9, 2005 David Dyer Wayne Howard-TerraWest 800 8th Ave. Ste 323 Greeley,CO 80631 970.353.0982 This letter is in response to your inquiry regarding water service to the following described property, Approx. 27750 WCR 76, Lot B,and Approx. 27951 WCR 76,Lot A Amended,in a portion of the E ''/z of the NE 'A of Section 34,T7N,R64W of the 6th Prime Meridian. Parcel 071134100040 -1,—Water-Service is presently being provided to the above mentioned property through meter#. 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,this letter,and grant an optional 20 foot easement adjacent to WCR 76 on parcels 07113410039,07113410040,and 07113400034. The easement would reduce the line extension fee by$6,600.00*. 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(PUD),Minor Subdivision or Off-Site Construction Plans within Weld or Lorimer 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). 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 CBT allotment is less than 50%. A portion of the Raw Water Fee is utilized by the District to construct storage reservoirs. North Weld County Water District does offer a Residence Only"RO"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 1/2 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. 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 P:\Legal Documents\Letter of Intent\2005\DyerDavidWCR 76 AmendLotA_HowardWayne(03-09-05).doc 1 of 2 • BOARD OF DIRECTORS NORTH WELD COU WATER DISTRICT CHARLES ACHZIGERNigh 33247 HIGHWAY 85 • LUCERNE, CO 80646 RALPH PRIOR DON POSSELT, DISTRICT MANAGER JOHN JOHNSON CE BUCK RINEHART P.O. BOX 56 • PHONE (970) 356-3020 • FAX (970) 395-0997 NELS NELSON www.nwcwd.org • e-mail: water@nwcwd.org March 9, 2005 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 an Acre-Foot Unit(AFU) $12,000 Meter Set Fee/Asphalt Patch Per Tap Base Portion of Plant Investment Fee $7,500 $1,000 Distance Portion of Plant Investment Fee $6,600 Line Extension Fee$64,000* (22 miles) Without Easement Agreement TOTAL Up-Front COSTS PER TAP $27,100.00+Line Extension Fee Price is valid for ten(10)business days from receiving this letter. Normal Pressure Range 45 psi to 65 psi Maximum Pressure 70 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 requires 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 $24.00 Minimum 10,000 gallons and up $2.40 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 their 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 `Vhea,an accou1:.'s yea to date usage exceeds their Plant Investment Allotment(#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 known as Inside-Use Only taps. The water surcharge for a RO 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. P:\Legal Documents\Letter of Intent120051DyerDavid WCR 76 AmendLotA_Howard Wayne(03-09-05).doc 2 of 2 t BOARD OF DIRECTORS NORTH WELD COUNTY WATER DISTRICT CHARLES ACHZIGER tenter 33247 HIGHWAY 85 • LUCERNE,CO 80646 RALPH PRIOR DON POSSELT,DISTRICT MANAGER JOHN JOHNSON CE BUCK RINEHART "� PO BOX 56 • PHONE(970)356-3020 • FAX(970)395.0997 NELS NELSON www.nwcwd.or • e-mail: water@nwewd.org December 18,2007 The Tap Fees quoted below,shall he 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. The Meter Set Fee as stated below is valid only for the location shown on the attached map. After ten(10)buniaess 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 tees. _.. TAP FEES (A1,1.- —T: INSTALLATION COST t Raw Water for One Acre-Foot Unit A FIJ) - $1 I,000 Meter Set Fee Per T Storage Fee Portion of Raw Water Fee $1,000 $3,250 Base Portion of Plant Investment Fee $7.500 --- • Distance Portion of Plant Investment Fee $7,200 - (24 miles:)_ --1— _ _. TOTAL Up-Front COSTS For STANDARD $29,950.00 ; ITAP(See Paragraph 5 for Options)PER TAP _. • Price is valid for ten(10)business days from receiving this letter. Minimum Pressure 35 psi Normal Pressure Range 80 psi to 85 psi __ 1 Maximum Pressure 90 psi _.__.._l 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 requires 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 chow to relinquish the meter within one year of the applicant purchasing the meter and the meter remains upset,the account will begin billing the minimum monthly amount. Usage Rates and Fees__._._. Usage Amount I Charge or Rate Per Month _„_„.—i 0 to 10.000 gallons I $26.00 Minimum jEfective 01/01/08$27.00 Minimum) 10,000 gallons and up $2.60 per 1,000 gallons (Effective 01/01/08 52.70 per 1.000 gallons) Water Surcharge Surcharge will be assessed when an account's year to date usage exceeds the annual tivater allotment. Currently the surcharge is$0.10 per 1.000 gallons in addition to the standard monthly usage fee. This fee is to recover the District's cost to obtain additional water rights for delivery. Rate Differential Charge North Weld County Water District's customers have the option of transferring Colorado Big Thompson(CI3T)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$23.00 per acre-foot will be assessed Mall of these transfers. Plant Investment Surcharge • Surcharge will be assessed when an account's year to date usage exceeds the Plant Investment Allotment. The transfer of additional water will not remove this charge. Additional Plant investment Units must be purchased to increase the allotment and reduce the Plant Investment Surcharges.These rates are in addition to the standard monthly usage fee. 0 to 456,000 gallons above the Plant Investment Allotment $3.15 per 1.000 gallons r--- than 456,000 gallons above the Plant Investment Allotment $1.30 per 1.000 gallons Allocation Table Full Standard Tap Water Allocation:228,000 gallons Plant Investment Allocation:228,000 gallons 75%Tap Option Water Allocation:171,000 gallons Plant Investment Allocation: 171,000 alllons 50%Tap Option Water Allocation: 114.000 gallons Plant Investment Allocation: 114,000 gallons A tap may be allotted more than 1 unit of Water and/or Plant Investment. In this ease the allounent is the class X1 228,000 gallons=Annual Allocation.(eg.Water Allocation 5 x 228,000=1.140,000 gallons Annual Allocation) Nfixgall)octsmenislAritey of Intetttt2U51 tntcnt'IntcmAoc 2 oft ___ ,stiff!, ! E :.t.f.,- �a�aJs!(]*41 .ia;gM 6luno)PIPM u7JO!�l 0.., r° _ . a l. r x � r ., :r z {•.j '�'"w - mss. a,i..7.. If-11 J "' R s auj �a: Q - a i. O .p m N \\:.] o m J y a wNm e.W O J as a.Q 9 $x r+w t 4}x{{�, /1 ,....„)./... i I 7 d r. . . • • r 1. iF ...,.- .„:, ,it " ,,\.c.___________I r ! + - - 1:.;,'. .55 ,_ n S. • % 3 0Y I a = — O Cr f!1 ,a N = ^ I It -: ..... ....:.,,,,,,,.......,-,:: i.,,:„.,,, .. I N • g„, f ------—— tom1 I x M N i� O7 r, \...„,,,(----\ 4---:_i I ( Y 7 • H 1 / �� ? C r N `'C \....„.....,... f ri a 11; _ North Weld County Water District 1 a \ e I)yer- Allison Reservoir RE-4119 & 4149 POTABLE WATER SERVICE AGREEMENT (Dyer -Allison Reservoir RE) THIS AGREEMENT is made and entered into as of the day of ,20_, by and between the North Weld County Water District,acting by and through the North Weld County Water District Enterprise (hereinafter"District")and Dave W. Dyer& Janice E. Dyer , (hereinafter"Developer), of Dyer—Allison Reservoir RE, (hereinafter"Development"). RECITALS WHEREAS, District is a statutory special district formed under the laws of the State of Colorado and is a quasi municipal corporation;and WHEREAS,the District Enterprise was created by the District, in order to comply with the provisions of Section 20,Article X of the Colorado Constitution and Article 45.1 of Title 37 of the Colorado Revised Statutes, as applicable; and WHEREAS,the District owns, maintains and operates a system for the storage of and distribution of potable water within Weld County and Larimer County,Colorado; and WHEREAS,the Developer desires to contract with the District for certain potable water supplies and services for the Development known as Dyer—Allison Reservoir RE, RE#-4119&4149, located in the East%R of Section 34,Township 7 North, Range 64 West of the 6th Principal Meridian, County of Weld, State of Colorado; and WHEREAS, Developer intends to plat and/or develop more than three residential lots which will require dedication of raw water and/or payment of cash in lieu of raw water dedication in accordance with the terms of this Agreement; NOW,THEREFORE, in consideration of the premises and the covenants and agreements hereinafter set forth, it is agreed by and between the District and Developer as follows: ARTICLE 1 WATER SUPPLY/FACILITIES 1.1 The District shall furnish Development a customary supply of potable water for a total of eight(8)individual Single-Family residential taps,water taps ("Taps"). The District shall furnish 70%of an acre foot(228,000 gallons)of water per equivalent tap per annual water year, 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%. 1.2 The water to be furnished by the District shall be potable water,which complies with the Federal Safe Drinking Water Act and any other applicable drinking water regulations. No promise or guarantee of pressure is made by the District or is to be implied from anything contained herein. 1.3 The District shall use reasonable diligence to provide a constant and uninterrupted supply of water, except for interruptions due to: (1)Uncontrollable forces; (2)Operations or devices installed for water system protection; (3) Maintenance,repair, replacement, installation of equipment, or investigation and inspection of the water system, which interruption or reductions are temporary, and in the sole opinion of the District, if necessary. Initials: N:\Subdivisions\4LotREs\Dyer-AllisonReservoir\W SAPosablc(01-14-07)doc I of 7 • • 1.4 The District shall install,own, repair and maintain a meter vault at each individual lot within the Development in which the District shall install equipment as deemed necessary, including but not limited to meters, reading devices,flow restricters, etc. 1.5 The District estimates the water supply to have a normal pressure range of fifty (50)to sixty-five(65)pounds per square inch(psi). The District will maintain an average minimum pressure of thirty five(35)psi to any tap. The maximum pressure that will be supplied to any Tap may be as great as eighty-five(85)psi. Therefore,the Developer(or Lot Owner)agrees to install preventative plumbing devices to restrict and/or release the pressure. Developer and/or Lot Owner releases District from any and all liability or claims that may be made against the District concerning damage from excessive water pressure supplied to the Development,Tap or lot. ARTICLE 2 TAPS, LINES AND FEES 2.1 The District must approve, in writing,all engineering and construction plans and materials of all Water Lines within any Development or Water Lines leading to the Development. The Developer shall be responsible for payment of the total cost of the construction for Water Lines within the Development(or Water Lines that are necessary to serve the Development)that will serve the Taps. "Water Lines", means all lines which carry water to the meter vault(s)within the Development. 2.2 From the meter to the structure or lot being served with water,water will be delivered through private service lines which are installed by the Developer or Lot Owner, and for which the District has no responsibility or liability. 2.3 The District must approve engineering and construction plans of all Water Lines before construction. Once the District has approved the final Water Line construction,the District will conditionally accept the Water Lines by issuance of a conditional acceptance letter(see Exhibit"A"). Two years after conditional acceptance of the Water Lines, subject to final approval by the District, District shall accept ownership of the Water Lines from the Developer. The Developer may use the District's existing Water Lines to serve the individual taps, if the District determines in its sole discretion,that the Water Line may be accessed and has available capacity and pressure to serve the Development. 2.4 For all Potable Water Lines located within the Development's roadway or utility/waterline easements,future repair of paving or other improved surfaces subsequent to the initial installation of any Water Line shall be the responsibility of the Developer, Homeowners Association,or current owner of the Right-Of-Way. The District will repair and backfill the trench to the surface but will not rebuild any surface improvements, including but not limited to pavement, curb and gutter, sidewalk, or landscaping other than grasses. 2.5 No water service will be provided to any water Tap within the Development until all fees, expenses and charges as determined by the District have been paid and/or raw water dedicated. The fees,charges and expenses,and/or water dedication shall be as determined and defined by the District and based upon such fees, charges and expenses, and water dedication requirements then in effect. Developer understands that the amount due for such fees, charges and expenses, and/or water dedication are subject to change or modification at the sole discretion of District. 2.6 Pursuant to this Agreement,the fees,expenses and charges for a water Tap consist of: (1) Review& Inspection Fee as provided in Paragraph 2.8; Initials: N:\Subdivisions\41.otRPs\Dyer-AllisonReservoit W SAPoteble(0 I-14-07)doc 2 of 7 (2) Supplemental Fee as determined in Paragraph 2.9; (3) Infrastructure Enhancement Fee as determined in Paragraph 2.10; (3) Plant Investment Fee as provided in Paragraph 2.11; (4) Mileage Charge pursuant to Paragraph 2.12; and (5) Raw Water or Cash in Lieu Fee as provided in Paragraph 2.13; (6) Raw Water Storage Fee as provided in Paragraph 2.13.2;and (7) Meter Fee as provided pursuant to Paragraph 2.16. Notwithstanding anything to the contrary herein, payment of all fees, expenses and charges as established pursuant to this Agreement shall be a condition precedent to the District providing water service to any Tap within the Development. Except as provided in 6.1, if the total fees, expenses and charges are not paid, all prior fees, expenses and charges paid by the Developer for any improvements made by the Developer shall be considered as forfeited to the District as liquidated damages as accurate calculation and determination of damages would not be possible. 2.7 The Raw Water or Cash in Lieu Fee, Plant Investment Fee, and Mileage Charge must be completed and fulfilled jointly before the District provides any water service. Once these fees have been paid or completed,the Developer or Lot Owner will then have one(1)year to pay for and have the meter set. Upon installation of the meter,or,after one(1)year of payment of these referenced fees whichever occurs earliest,the District shall commence billing the Developer or Lot Owner a Minimum Monthly Charge in accordance with the policies the District then in effect. The Minimum Monthly Charge shall apply whether or not any water is taken through the Tap. 2.8 The District will be expending resources for review and inspection of the Development including but not limited to engineering review,Water Line inspection, surveying, bacteriological testing,and pressure testing of the Water Line constructed for the development. The Developer will be required to reimburse the District for such expenses and shall be known as the"Review and Inspection Fee". The Review and Inspection Fee shall be solely determined by the District,and for this Development said fee shall be the sum of$2,40000. A portion of this payment determined to be $400.00 of said Fee shall be paid by the Developer and payment shall be made upon execution of this Agreement and the remainder$2,000.u°of said Fee be made prior to commencement of construction of Water Lines that will serve the Development, or the issuance of any building permit,whichever occurs earliest. The Review and Inspection Fee, as established in this Paragraph 2.8 is non-refundable. 2.9 Tho District will charge a"Supplemental Foo"as in accordance with the Amended Resolution"Supplemental Fooc for Water Taps"approved and adopted on the-2e day of February,2007. Tho Supplemental Foo shall bo determined as outlined in tho Amended Resolution,and for this Development said foo shall bo tho sum of $ . Said Foo shall bo paid by tho Developer and payment shall be made upon execution of this Agreement. Tho Supplemental Foo,as octablished in this Paragraph 2.0 is non refundable. 2.10 The District may be constructing substantial Infrastructure, including but not limited to installation of a fire hydrant at the intersection of WCR 74 &WCR 55, installation of approximately 4,800-feet of 4"diameter watermain from WCR 74&WCR 57,north through the proposed development. A portion of these enhancements will be attributable to the Development and an"Infrastructure Enhancement Fee"will be charged to the Developer. The Infrastructure Enhancement Fee shall be solely determined by the District,and for this Development said fee shall be the sum of $55,5000°. A portion of this payment determined to be$55,5009°of said Fee shall be Initials: N\SubdivisionsULotRPs\Dyer-AllisonReservoir\WSAPolable(01-14-07).doc 3 of 7 paid by the Developer and payment shall be made prior to commencement of construction of Water Lines that will serve the Development,or the issuance of any building permit,whichever occurs earliest. If the Developer chooses to provide engineered plans and construct the fire hydrant and waterline,the Infrastructure Enhancement Fee will be waived. The Infrastructure Enhancement Fee, as established in this Paragraph 2.10 is non-refundable. 2.11 The Developer or Lot Owner will be responsible for making payment of the "Plant Investment Fee". Said payment shall be made prior to the issuance of any building permit or the setting of a water meter,whichever occurs earliest. All Plant Investment Fees paid shall be in accordance with the Plant Investment Fee as established by the District and in effect at the time of the payment. No portion of the Plant Investment Fee shall be returned or refunded once established pursuant to this Agreement and the Development is approved by Weld County,even if the number of lots and/or Taps in the Development is later decreased or unsold. However, if the number of lots and/or Taps increases beyond the number initially established in Paragraph 1.1, Developer will pay the Plant Investment Fee for each new Tap within the Development at the rate for Plant Investment Fees then in effect. 2.12 The Developer or Lot Owner will be responsible for making payment of the "Mileage Charge". The Mileage Charge for the Dyer—Allison Reservoir RE shall be based on a distance of twenty four(24)miles. Said payment shall be made prior to the issuance of any building permit or the setting of a water meter,whichever occurs earliest. All Mileage Charges paid shall be in accordance with the Mileage Charge as established by the District and in effect at the time of the payment. No portion of the Mileage Charge shall be returned or refunded once established pursuant to this Agreement and the Development is approved by Weld County,even if the number of lots and/or Taps in the Development is later decreased or unsold. However, if the number of lots and/or Taps increases beyond the number initially established in Paragraph 1.1, Developer will pay the Mileage Charge for each new Tap within the Development at the rate for Mileage Charge then in effect. 2.13 The"Raw Water or Cash In Lieu Fee" requirement for this Development shall be met by payment of"Cash in Lieu". The Developer or Lot Owner will be responsible for making payment of this fee. Said payment shall be made prior to the issuance of any building permit or the setting of a water meter,whichever occurs earliest. All Cash In Lieu Fees paid shall be in accordance with the Cash In Lieu Fee as established by the District and in effect at the time of payment. 2.13.1 At the sole discretion of District,the District may allow the Developer to dedicate Raw Water to fulfill the raw water requirement. The raw water requirement for a Residential Tap being a single family residence on one(1)lot shall be the dedication of at least one(1)Unit of Colorado Big Thompson (CBT)project water per Tap,or at least one(1)share of North Poudre Irrigation Company(NPIC)stock for every four(4) residential Taps. 2.13.2 In addition to the dedication of the Raw Water,the Developer shall be responsible for a Raw Water Storage Fee as determined by District. The Raw Water Storage Fee shall be applied once for each Unit of CBT or four times per share of NPIC that is dedicated to the District. The Raw Water Storage Fee payment shall be made in conjunction with the dedication of the Raw Water. 2.14 The Developer shall provide the District with security, as deemed acceptable by District,to secure the installation and warranty of Water Lines within the Development during the two-year conditional acceptance period. Said security shall cover 25%of all costs for construction of said Water Lines, up to a maximum of $100,000.00,which shall be released at the expiration of the two-year warranty period and upon full acceptance of the Water Lines by the District. The type of security to be accepted shall be at the sole discretion of the District which will normally be a letter of credit,certificate of deposit,or bond. Initials: N.\Subdivision\4LotREs\Dycr-AllisonRcscrvaid W SAPotable(o I-14-07).doc 4 of 7 2.15 During the two-year conditional acceptance period,the Developer will be responsible for any repairs or maintenance of the Development Water Line improvements. All such repairs and/or maintenance shall be in accordance with the District policies and engineering requirements, and shall be reviewed and approved by the District prior to any repairs or maintenance being effected except in emergency situations. 2.16 Prior to a meter being set and water service being provided at or for any Tap,the Developer or parcel owner shall be required to complete the District's Tap application form, pay the Meter Fee, and pay any remaining fees, expenses and charges, if any, in accordance with the policies and procedures of the District at the time of any Tap application, or any other expenses or costs that may be incurred by the District in relation to the Development. ARTICLE 3 PETITION OF INCLUSION 3.1 If determined to be necessary by District,the Developer agrees to sign and execute a standard Petition of Inclusion, Exhibit"C". ARTICLE 4 EASEMENTS AND RIGHTS-OF-WAY 4.1 As additional consideration for this Water Service Agreement, Developer agrees to sign and execute any necessary Easements and Rights-of-Way regarding specific locations,widths, size of pipeline(s)and descriptions for Water Lines as determined by the District. This Agreement is conditional upon execution and recording of the Easement and Right-of-Way Agreement,and until such Easement and Right-of- Way Agreement is finalized to the satisfaction of the District and recorded, District shall not be required to provide any services of any type. 4.2 Additionally, any final development plat must be reviewed and approved by District as to all aspects of Easements and Rights-of-Way for water facilities, pipelines and fire facilities. All such items must be dedicated for public use and District must approve the final plat. ARTICLE 5 NON-POTABLE SYSTEM 5.1 This agreement is for a potable system which means that a single system provides water for all potable and landscape irrigation usage within Dyer—Allison Reservoir RE. Neither the Developer nor any lot owner will construct, install or use a secondary, alternative or non-potable system within Dyer—Allison Reservoir RE unless a non-potable system agreement is entered into with the District to insure proper installation, use and connection of a non-potable water system. For any breach of this provision, District shall have the right to discontinue water service to the entire development until a non-potable system agreement has been finalized by the District, Developer and/or all lot owners. ARTICLE 6 MISCELLANEOUS 6.1 This Agreement is conditional as the final plat of the Development has not yet been approved by Weld County. If the final plat is not approved on or before the 1st day of January,2009,this Agreement can then be terminated by Developer and the same shall be considered null and void. Notwithstanding any language to the contrary, Developer shall be entitled to a refund of 98%of costs and expenses paid pursuant to Article 2.11,2.12 and 2.13 if such refund is applied for within one(1)year of the payment made to the District. The 2%retention by the District shall be considered as administrative expenses. All or any portion of costs or expenses the Developer incurred Initials: N:\Subdivisions\4LotREs\Dyer-AllisonReservoin W SAP0mblc(01-I4-07).doc S of 7 pursuant to Articles 2.1,2.6,2.9, 2.10 and 2.16 shall not be entitled to a refund of any amount. 6.2 This Agreement cannot be assigned by Developer without the express written approval of District. 6.3 This Agreement shall inure to and be binding upon the parties hereto and their heirs,executors, personal representatives, successors and assigns. Initials: • N\Subdivisions\4l.otREs\Dyer-AllisonRcscrvoinWSAPolablg0 I.l4-07).doc 6 of 7 IN WITNESS WHEREOF,the parties have executed this Agreement the day and year first above written. DEVELOPER: By: David W. Dyer By:Janice E. Dyer DISTRICT: ATTEST: NORTH WELD COUNTY WATER DISTRICT By: By: Secretary President STATE OF COLORADO ss. COUNTY OF The foregoing instrument was acknowledged before me this day of ,20 , by Developer. Witness my hand and official seal. My commission expires: Notary Public STATE OF COLORADO ) )ss. COUNTY OF WELD The foregoing instrument was acknowledged before me this day of ,20 , by as President and as Secretary of North Weld County Water District. Witness my hand and official seal. My commission expires: Notary Public Initials: N:\Subdivisions\4LotREs\Dyer-AllisonReservoir1 W SAPmeble(01-l4-O7).doc 7 of 7 POTABLE WATER SERVICE AGREEMENT (Dyer -Allison Reservoir RE) THIS AGREEMENT is made and entered into as of the g day of .'AV , 2001T, by and between the North Weld County Water District, acting by and through the North Weld County Water District Enterprise (hereinafter"District') and Dave W. Dyer& Janice E. Dyer , (hereinafter"Developer), of Dyer—Allison Reservoir RE, (hereinafter"Development"). RECITALS WHEREAS, District is a statutory special district formed under the laws of the State of Colorado and is a quasi municipal corporation; and WHEREAS,the District Enterprise was created by the District, in order to comply with the provisions of Section 20,Article X of the Colorado Constitution and Article 45.1 of Title 37 of the Colorado Revised Statutes, as applicable;and WHEREAS,the District owns, maintains and operates a system for the storage of and distribution of potable water within Weld County and Larimer County, Colorado; and WHEREAS,the Developer desires to contract with the District for certain potable water supplies and services for the Development known as Dyer—Allison Reservoir RE, RE#-4119&4149, located in the East'A of Section 34,Township 7 North, Range 64 West of the 61b Principal Meridian, County of Weld, State of Colorado;and WHEREAS, Developer intends to plat and/or develop more than three residential lots which will require dedication of raw water and/or payment of cash in lieu of raw water dedication in accordance with the terms of this Agreement; NOW,THEREFORE, in consideration of the premises and the covenants and agreements hereinafter set forth, it is agreed by and between the District and Developer as follows: ARTICLE 1 WATER SUPPLY/FACILITIES 1.1 The District shall furnish Development a customary supply of potable water for a total of eight(8) individual Single-Family residential taps,water taps ("Taps"). The District shall furnish 70%of an acre foot(228,000 gallons)of water per equivalent tap per annual water year, 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%. 1.2 The water to be furnished by the District shall be potable water,which complies with the Federal Safe Drinking Water Act and any other applicable drinking water regulations. No promise or guarantee of pressure is made by the District or is to be implied from anything contained herein. 1.3 The District shall use reasonable diligence to provide a constant and uninterrupted supply of water, except for interruptions due to: (1) Uncontrollable forces; (2)Operations or devices installed for water system protection; (3)Maintenance, repair, replacement, installation of equipment, or investigation and inspection of the water system,which interruption or reductions are temporary, and in the sole opinion of the District, if necessary. Initials: 44 N&Subdivisions\4Lo,REs\Dyer-Alliso,R•crvoiAW SAPouble(0I-I4-0n.doc I of 7 1.4 The District shall install, own, repair and maintain a meter vault at each individual lot within the Development in which the District shall install equipment as deemed necessary, including but not limited to meters, reading devices,flow restricters, etc. 1.5 The District estimates the water supply to have a normal pressure range of fifty(50)to sixty-five(65)pounds per square inch(psi). The District will maintain an average minimum pressure of thirty five(35)psi to any tap. The maximum pressure that will be supplied to any Tap may be as great as eighty-five(85)psi. Therefore,the Developer(or Lot Owner)agrees to install preventative plumbing devices to restrict and/or release the pressure. Developer and/or Lot Owner releases District from any and all liability or claims that may be made against the District concerning damage from excessive water pressure supplied to the Development,Tap or lot. ARTICLE 2 TAPS, LINES AND FEES 2.1 The District must approve, in writing, all engineering and construction plans and materials of all Water Lines within any Development or Water Lines leading to the Development. The Developer shall be responsible for payment of the total cost of the construction for Water Lines within the Development(or Water Lines that are necessary to serve the Development)that will serve the Taps. 'Water Lines", means all lines which carry water to the meter vault(s)within the Development. 2.2 From the meter to the structure or lot being served with water,water will be delivered through private service lines which are installed by the Developer or Lot Owner, and for which the District has no responsibility or liability. 2.3 The District must approve engineering and construction plans of all Water Lines before construction. Once the District has approved the final Water Line construction,the District will conditionally accept the Water Lines by issuance of a conditional acceptance letter(see Exhibit"A"). Two years after conditional acceptance of the Water Lines, subject to final approval by the District, District shall accept ownership of the Water Lines from the Developer. The Developer may use the District's existing Water Lines to serve the individual taps, if the District determines in its sole discretion,that the Water Line may be accessed and has available capacity and pressure to serve the Development. 2.4 For all Potable Water Lines located within the Development's roadway or utility/waterline easements,future repair of paving or other improved surfaces subsequent to the initial installation of any Water Line shall be the responsibility of the Developer, Homeowners Association, or current owner of the Right-Of-Way. The District will repair and backfill the trench to the surface but will not rebuild any surface improvements, including but not limited to pavement, curb and gutter, sidewalk, or landscaping other than grasses. 2.5 No water service will be provided to any water Tap within the Development until all fees,expenses and charges as determined by the District have been paid and/or raw water dedicated. The fees, charges and expenses,and/or water dedication shall be as determined and defined by the District and based upon such fees, charges and expenses, and water dedication requirements then in effect. Developer understands that the amount due for such fees, charges and expenses, and/or water dedication are subject to change or modification at the sole discretion of District. 2.6 Pursuant to this Agreement,the fees,expenses and charges for a water Tap consist of: (1) Review&Inspection Fee as provided in Paragraph 2.8; Initials: aA. D N:\Subdivisionsl4toIRrs\Dyer-AllisonRese oinWSAPotable(01-14-07).doc 2 of 7 • • (2) Supplemental Fee as determined in Paragraph 2.9; (3) Infrastructure Enhancement Fee as determined in Paragraph 2.10; (3) Plant Investment Fee as provided in Paragraph 2.11; (4) Mileage Charge pursuant to Paragraph 2.12;and (5) Raw Water or Cash in Lieu Fee as provided in Paragraph 2.13; (6) Raw Water Storage Fee as provided in Paragraph 2.13.2; and (7) Meter Fee as provided pursuant to Paragraph 2.16. Notwithstanding anything to the contrary herein, payment of all fees, expenses and charges as established pursuant to this Agreement shall be a condition precedent to the District providing water service to any Tap within the Development. Except as provided in 6.1, if the total fees, expenses and charges are not paid,all prior fees, expenses and charges paid by the Developer for any improvements made by the Developer shall be considered as forfeited to the District as liquidated damages as accurate calculation and determination of damages would not be possible. 2.7 The Raw Water or Cash in Lieu Fee, Plant Investment Fee,and Mileage Charge must be completed and fulfilled jointly before the District provides any water service. Once these fees have been paid or completed,the Developer or Lot Owner will then have one(1)year to pay for and have the meter set. Upon installation of the meter, or, after one(1)year of payment of these referenced fees whichever occurs earliest,the District shall commence billing the Developer or Lot Owner a Minimum Monthly Charge in accordance with the policies the District then in effect. The Minimum Monthly Charge shall apply whether or not any water is taken through the Tap. 2.8 The District will be expending resources for review and inspection of the Development including but not limited to engineering review,Water Line inspection, surveying, bacteriological testing, and pressure testing of the Water Line constructed for the development. The Developer will be required to reimburse the District for such expenses and shall be known as the"Review and Inspection Fee". The Review and Inspection Fee shall be solely determined by the District,and for this Development said fee shall be the sum of$2,400.0°. A portion of this payment determined to be $400.0°of said Fee shall be paid by the Developer and gayment shall be made upon execution of this Agreement and the remainder$2,000. of said Fee be made prior to commencement of construction of Water Lines that will serve the Development, or the issuance of any building permit,whichever occurs earliest. The Review and Inspection Fee,as established in this Paragraph 2.8 is non-refundable. 2.9 The Distsiet will charge a"Supplemental Foe"as in accordance with the l r s Wato°Tape" .. oved-and-adopted oR tho 2fii"day of February, 2007. Tho Supplemental Feo shall bee detormin_a as-eutliRed in the Amended Resol p ath-fee- -sum $ . Said Fee:hall be paid by tho Devolopor and payment shall be-made upon execution of this Agreement. The Supplemental-Feeras-established-in-this Paragraph 2.0 is-nen-refuridable7 2.10 The District may be constructing substantial Infrastructure, including but not limited to installation of a fire hydrant at the intersection of WCR 74&WCR 55, installation of approximately 4,800-feet of 4°diameter watermain from WCR 74&WCR 57, north through the proposed development. A portion of these enhancements will be attributable to the Development and an"Infrastructure Enhancement Fee"will be charged to the Developer. The Infrastructure Enhancement Fee shall be solely determined by the District, and for this Development said fee shall be the sum of $55,500.00. A portion of this payment determined to be$55,500.°°of said Fee shall be Initials: nQ, �l/\) Subdivisi W otREssever-AllisonRcsc�LoinWSAPWoblc(°Id<L7).,bc 3of7 • • paid by the Developer and payment shall be made prior to commencement of construction of Water Lines that will serve the Development, or the issuance of any building permit, whichever occurs earliest. If the Developer chooses to provide engineered plans and construct the fire hydrant and waterline, the Infrastructure Enhancement Fee will be waived. The Infrastructure Enhancement Fee, as established in this Paragraph 2.1D is non-refundable. 2.11 The Developer or Lot Owner will be responsible for making payment of the "Plant Investment Fee". Said payment shall be made prior to the issuance of any building permit or the setting of a water meter, whichever occurs earliest. All Plant Investment Fees paid shall be in accordance with the Plant Investment Fee as established by the District and in effect at the time of the payment. No portion of the Plant Investment Fee shall be returned or refunded once established pursuant to this Agreement and the Development is approved by Weld County, even if the number of lots and/or Taps in the Development is later decreased or unsold. However, if the number of lots and/or Taps increases beyond the number initially established in Paragraph 1.1, Developer will pay the Plant Investment Fee for each new Tap within the Development at the rate for Plant Investment Fees then in effect. 2.12 The Developer or Lot Owner will be responsible for making payment of the "Mileage Charge". The Mileage Charge for the Dyer—Allison Reservoir RE shall be based on a distance of twenty four(24) miles. Said payment shall be made prior to the issuance of any building permit or the setting of a water meter, whichever occurs earliest. All Mileage Charges paid shall be in accordance with the Mileage Charge as established by the District and in effect at the time of the payment. No portion of the Mileage Charge shall be returned or refunded once established pursuant to this Agreement and the Development is approved by Weld County,even if the number of lots and/or Taps in the Development is later decreased or unsold. However, if the number of lots and/or Taps increases beyond the number initially established in Paragraph 1.1, Developer will pay the Mileage Charge for each new Tap within the Development at the rate for Mileage Charge then in effect. 2.13 The"Raw Water or Cash In Lieu Fee" requirement for this Development shall be met by payment of"Cash in Lieu". The Developer or Lot Owner will be responsible for making payment of this fee. Said payment shall be made prior to the issuance of any building permit or the setting of a water meter,whichever occurs earliest. All Cash In Lieu Fees paid shall be in accordance with the Cash In Lieu Fee as established by the District and in effect at the time of payment. 2.13.1 At the sole discretion of District, the District may allow the Developer to dedicate Raw Water to fulfill the raw water requirement. The raw water requirement for a Residential Tap being a single family residence on one (1) lot shall be the dedication of at least one (1) Unit of Colorado Big Thompson (CBT) project water per Tap, or at least one (1)share of North Poudre Irrigation Company(NPIC) stock for every four(4) residential Taps. 2.13.2 In addition to the dedication of the Raw Water, the Developer shall be responsible for a Raw Water Storage Fee as determined by District. The Raw Water Storage Fee shall be applied once for each Unit of CBT or four times per share of NPIC that is dedicated to the District. The Raw Water Storage Fee payment shall be made in conjunction with the dedication of the Raw Water. 2.14 The Developer shall provide the District with security, as deemed acceptable by District,to secure the installation and warranty of Water Lines within the Development during the two-year conditional acceptance period. Said security shall cover 25%of all costs for construction of said Water Lines, up to a maximum of $100,000.0°, which shall be released at the expiration of the two-year warranty period and upon full acceptance of the Water Lines by the District. The type of security to be accepted shall be at the sole discretion of the District which will normally be a letter of credit, certificate of deposit, or bond. Initials: I2. NaSubdivisiunsVItotREs\Dyer-Al lisonRa olr\WSAPoinble{01-14-07).dv' 4 of 7 • • 2.15 During the two-year conditional acceptance period, the Developer will be responsible for any repairs or maintenance of the Development Water Line improvements. All such repairs and/or maintenance shall be in accordance with the District policies and engineering requirements, and shall be reviewed and approved by the District prior to any repairs or maintenance being effected except in emergency situations. 2.16 Prior to a meter being set and water service being provided at or for any Tap, the Developer or parcel owner shall be required to complete the District's Tap application form, pay the Meter Fee, and pay any remaining fees,expenses and charges, if any, in accordance with the policies and procedures of the District at the time of any Tap application, or any other expenses or costs that may be incurred by the District in relation to the Development. ARTICLE 3 PETITION OF INCLUSION 3.1 If determined to be necessary by District, the Developer agrees to sign and execute a standard Petition of Inclusion, Exhibit"C". ARTICLE 4 EASEMENTS AND RIGHTS-OF-WAY 4.1 As additional consideration for this Water Service Agreement, Developer agrees to sign and execute any necessary Easements and Rights-of-Way regarding specific locations, widths, size of pipeline(s) and descriptions for Water Lines as determined by the District. This Agreement is conditional upon execution and recording of the Easement and Right-of-Way Agreement, and until such Easement and Right-of- Way Agreement is finalized to the satisfaction of the District and recorded, District shall not be required to provide any services of any type. 4.2 Additionally, any final development plat must be reviewed and approved by District as to all aspects of Easements and Rights-of-Way for water facilities, pipelines and fire facilities. All such items must be dedicated for public use and District must approve the final plat. ARTICLE 5 NON-POTABLE SYSTEM 5.1 This agreement is for a potable system which means that a single system provides water for all potable and landscape irrigation usage within Dyer—Allison Reservoir RE. Neither the Developer nor any lot owner will construct, install or use a secondary, alternative or non-potable system within Dyer—Allison Reservoir RE unless a non-potable system agreement is entered into with the District to insure proper installation, use and connection of a non-potable water system. For any breach of this provision, District shall have the right to discontinue water service to the entire development until a non-potable system agreement has been finalized by the District, Developer and/or all lot owners. ARTICLE 6 MISCELLANEOUS 6.1 This Agreement is conditional as the final plat of the Development has not yet been approved by Weld County. If the final plat is not approved on or before the 1st day of January, 2009, this Agreement can then be terminated by Developer and the same shall be considered null and void. Notwithstanding any language to the contrary, Developer shall be entitled to a refund of 98%of costs and expenses paid pursuant to Article 2.11, 2.12 and 2.13 if such refund is applied for within one(1)year of the payment made to the District. The 2% retention by the District shall be considered as administrative expenses. All or any portion of costs or expenses the Developer incurred Initials: J l� /2, N:LSubdivisians14 LotREL>vr•All isanRcservairl WSAPnuibk(01-14-07).duc 5 of 7 • • pursuant to Articles 2.1, 2.8, 2.9,2.10 and 2.16 shall not be entitled to a refund of any amount. 6.2 This Agreement cannot be assigned by Developer without the express written approval of District. 6.3 This Agreement shall inure to and be binding upon the parties hereto and their heirs, executors, personal representatives, successors and assigns. InitlInitintvi �l,- diJsmn:wtglRE:lOycr-aluunReu o�r�wsnwtmi.(oi-is-07).doc 6 of 7 • • IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first above written. DEVELOPER: By: David W. Dyer By Janice E. Dyer DISTRICT: ATTEST: NORTH WELD COUNTY WATER DISTRICT By: / G�� -- l Secr ary P sldent � STATE OF COLORADO ss. COUNTY OF v_AD-et rk The foregoing instrument was acknowledged before me this day of S , 20 OQj , by Day id W. O-rv) r P F Developer. Witness my hand and official seal. 'kAIIY .... My commission expires: L2-24-.OOg KELLY • ,. PENDLET0N .{ Notary Pu OF C6�d�� STATE OF COLORADO ) )ss. COUNTY OF WELD The foregoing instrument was acknowledged before me this Jgt6 day of , 20 04 , by C, J e.s Aa.zt �r as President and as Secretary of North Weld County Water District. Witness my hand and official seal. N� K NOTAf k My commission expires: lo-t9-2rA8 PUBLIC :'O Sy,pr IV Lary Public }J o Initials: i NaSvbdivisions\4LmREs1Dyer-AllisonRLse nir WSAPoruble(0I-14-07).doc 7 of 7 • • • �, \ j .. t // I WeR55 ' s 1 iu� ; • 3. 4� �?.A 1,.f- _. v w ' 6 m o o 3.c i a.o it I i I'— i ;. . 7 = 1. c) I 4I A I 1 � v ry v f } c I t^} 4 - C�7— J • k t� \ U A�y t `�....,,� rJ :i, ":; r I �� tea , 4,:r 2 a -,--:.,:."-,,,!,:.1:-,,,,,,.,;,,,,,,,,,,,,,,,,,,, f, ,, , j � X a�e ' I :1„;., � _ ; I ,, \\ i_ °"Jow North Weld County Water District G?_ 3 +f.7--.4% x 3Z - 4 ` ,ao Dyer-Allison Reservoir RE-4119&4149 F Y • r • IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS (PRIVATE ROAD MAINTENANCE) THIS AGREEMENT,made and entered into this 9 day of March ,20 07,by and between the County of Weld,State of Colorado,acting through its Board of County Commissioners,hereinafter called "County," and David & Janice Dyer hereinafter called "Applicant." WITNESSETH: WHEREAS,Applicant is the owner of,or has a controlling interest in the following described property in the County of Weld,Colorado: RE 4100, Part of SW 1/4 Section 35, T7N, R64W RE 4119, Part of NE 1/4 Section 34, T7N, R64W RE 4149, Part of SE 1/4 Section 34, T7N, R64W WHEREAS,a Final Subdivision/Planned Unit Development(PUD)plat of said property,to be known as Dyer Recorded Hcemptions has been submitted to the County for approval, and WHEREAS,relevant Sections of the Weld County Code provide that no Subdivision Final Plat,Planned Unit Development Final Plat,or Site Plan shall be approved by the County until the Applicant has submitted a Subdivision Improvement Agreement guaranteeing the construction of the public improvements shown on plans, plats and supporting documents of the Subdivision Final Plat,Planned Unit Development Final Plat,or Site Plan, which improvements, along with a time schedule for completion, are listed in Exhibits "A" and "B" of this Agreement. NOW,THEREFORE,IN CONSIDERATION OF the foregoing and of the acceptance and approval of said Final Plat,the parties hereto promise,covenant and agree as follows: 1.0 Engineering Services: Applicant shall furnish,at its own expense,all engineering services in connection with the design and construction of the Subdivision or Planned Unit Development improvements listed on Exhibit"A," which is attached hereto and incorporated herein by reference. 1.1 The required engineering services shall be performed by a Professional Engineer and Land Surveyor registered in the State of Colorado,and shall conform to the standards and criteria established by the County for public improvements. 1.2 The required engineering services shall consist of,but not be limited to,surveys,designs,plans and profiles,estimates,construction supervision,and the submission of necessary documents to P > the County. 1.3 Applicant shall furnish drawings and cost estimates for roads within the Subdivision or Planned Unit Development to the County for approval prior to the letting of any construction contract. Applicant shall furnish one set of reproducible "as-built" drawings and a final statement of construction cost to the County. 2.0 Rights-of-Wav and Easements: Before commencing the construction of any improvements herein agreed upon,Applicant shall acquire,at its own expense,good and sufficient rights-of-way and easements on all 1 lands and facilities traversed by the proposed improvements. 3.0 Construction: Applicant shall furnish and install,at its own expense,the Subdivision or Planned Unit Development improvements listed on Exhibit"A,"which is attached hereto and incorporated herein by reference,according to the construction schedule set out in Exhibit"B"which is also attached hereto and incorporated herein by reference. 3.1 Said construction shall be in strict conformance to the plans and drawings approved by the County and the specifications adopted by the County for such public improvements. Whenever a Subdivision or Planned Unit Development is proposed within three miles of an incorporated community located in Weld County or located in any adjacent county,the Applicant shall be required to install improvements in accordance with the requirements and standards that would exist if the plat were developed within the corporate limits of that community. If the incorporated community has not adopted such requirements and standards at the time the Subdivision or Planned Unit Development is proposed,the requirements and standards of the County shall be adhered to. If both the incorporated community and the County have requirements and standards,those requirements and standards that are more restrictive shall apply. 3.2 Applicant shall employ,at its own expense,a qualified testing company previously approved by the County to perform all testing of materials or construction that is required by the County; and shall furnish copies of test results to the County. 3.3 At all times during said construction,the County shall have the right to test and inspect,or to require testing and inspection of material and work at Applicant's expense. Any material or work not conforming to the approved plans and specifications shall be removed and replaced to the satisfaction of the County at Applicant's expense. 3.4 Applicant shall furnish proof that proper arrangements have been made for the installation of sanitary sewer or septic systems,water,gas,electric and telephone services. 3.5 Said Subdivision or Planned Unit Development improvements shall be completed,according to the terms of this Agreement,within the construction schedule appearing in Exhibit"B." The Board of County Commissioners,at its option,may grant an extension of the time of completion shown on Exhibit "B" upon application by the Applicant subject to the terms of Section 6 herein. 4.0 Release of Liability: Applicant shall indemnify and hold harmless the County from any and all liability loss and damage County may suffer as a result of all suits, actions or claims of every nature and description caused by,arising from,or on account of said design and construction of improvements,and pay any and all judgments rendered against the County on account of any such suit,action or claim, together with all reasonable expenses and attorney fees incurred by County in defending such suit,action or claim whether the liability,loss or damage is caused by,or arises out of the negligence of the County or its officers,agents,employees,or otherwise except for the liability,loss,or damage arising from the intentional torts or the gross negligence of the County or its employees while acting within the scope of their employment. All contractors and other employees engaged in construction of the improvements shall maintain adequate worker's compensation insurance and public liability insurance coverage,and shall operate in strict accordance with the laws and regulations of the State of Colorado governing occupational safety and health. (THERE IS NO SECTION 5) 6.0 Approval of Streets by the County: Upon compliance with the following procedures by the Applicant, streets within a Subdivision or Planned Unit Development may be approved by the County as public roads and will be maintained and repaired by a Homeowners Association or,in its absence,the owners of lots within the Subdivision or Planned Unit Development. 2 6.1 If desired by the County, portions of street improvements may be placed in service when completed according to the schedule shown on Exhibit"B,"but such use and operation shall not constitute an approval of said portions. 6.2 County may, at its option, issue building permits for construction on lots for which street improvements detailed herein have been started but not completed as shown on Exhibit"B," and may continue to issue building permits so long as the progress of work on the Subdivision or Planned Unit Development improvements in that phase of the development is satisfactory to the County; and all terms of this Agreement have been faithfully kept by Applicant. 6.3 completion Upon of the construction of streets within a Subdivision or Planned Unit P Development and the filing of a Statement of Substantial Compliance, the applicant(s) may request in writing that the County Engineer inspect its streets and recommend that the Board of County Commissioners partially approve them. Not sooner than nine months after partial approval,the County Engineer shall,upon request by the applicant,inspect the subject streets, and notify the applicant(s)of any deficiencies. The County Engineer shall reinspect the streets after notification from the applicant(s)that any deficiencies have been corrected. If the County Engineer finds that the streets are constructed according to County standards,he or she shall recommend full approval. Upon a receipt of a positive unqualified recommendation from the County Engineer for approval of streets within the development, the Board of County Commissioners shall fully approve said streets as public but with private pay. 7.0 General Requirements for Collateral: 7.1 The value of all collateral submitted to Weld County must be equivalent to One-Hundred percent(100%)of the value of the improvements as shown in this Agreement. Prior to Final Plat approval,the applicant shall indicate which of the five types of collateral preferred to be utilized to secure the improvements subject to final approval by the Board of County Commissioners and the execution of this Agreement. Acceptable collateral shall be submitted and the plat recorded within six(6)months of the Final Plat approval. If acceptable collateral has not been submitted within six(6)months then the Final Plat approval and all preliminary approvals shall automatically expire. Applicant may request that the County extend the Final Plat approval provided the cost estimates are updated and the development plans are revised to comply with all current County standards,policies and regulations. The improvements shall be completed within one(1)year after the Final Plat approval(not one year after acceptable collateral is submitted) unless the applicant(s) requests that this Agreement be renewed at least thirty(30) days prior to its expiration and further provides that cost estimates for the remaining improvements are updated and collateral is provided in the amount of One-Hundred percent(100%)of the value of the improvements remaining to be completed. If improvements are not completed and the agreement not renewed within these time frames, the County, at its discretion, may make demand on all or a portion of the collateral and take steps to see that the improvements are made. 7.2 The applicant may choose to provide for a phased development by means of designating filings of a Planned Unit Development Final Plat or Subdivision Final Plat. The applicant would need only to provide collateral for the improvements in each filing as approved. The County will place restrictions on those portions of the property that are not covered by collateral which will prohibit the conveyance of the property or the issuance of building permits until collateral is provided or until improvements are in place and approved pursuant to the requirements for a Request for Release of Collateral. 7.3 The applicant intends to develop in accordance with Exhibits "A" and "B." 8.0 Improvements Guarantee: The five types of collateral listed below are acceptable to Weld County subject to final approval by the Board of County Commissioners. 3 1 • • 8.1 An irrevocable Letter of Credit from a Federal or State licensed financial institution on a form approved by Weld County. The Letter of Credit shall state at least the following: 8.1.1 The Letter of Credit shall be in an amount equivalent of One-Hundred percent(100%) of the total value of the improvements as set forth in Section 6.0 and Exhibits"A"and "B." 8.1.2 The Letter of Credit shall provide for payment upon demand to Weld County if the developer has not performed the obligations specified in the Improvements Agreement and the issuer has been notified of such default. 8.1.3 The applicant may draw from the Letter of Credit in accordance with the provisions of this policy. 8.1.4 The issuer of the Letter of Credit shall guarantee that, at all times the unreleased portion of the Letter of Credit shall be equal to a minimum of One-Hundred percent (100%)of the estimated costs of completing the uncompleted portions of the required improvements,based on inspections of the development by the issuer. In no case shall disbursement for a general improvement item exceed the cost estimate in the Improvements Agreement(i.e.,streets,sewers,water mains and landscaping,etc.). The issuer of the Letter of Credit will sign the Improvements Agreement acknowledging the agreement and its cost estimates. 8.1.5 The Letter of Credit shall specify that fifteen percent(15%)of the total Letter of Credit amount cannot be drawn upon and will remain available to Weld County until released by Weld County. 8.1.6 The Letter of Credit shall specify that the date of proposed expiration of the Letter of Credit shall be either the date of release by Weld County of the final fifteen percent (15%),or one year from the date of Final Plat approval,whichever occurs first. Said letter shall stipulate that,in any event,the Letter of Credit shall remain in full force and effect until after the Board has received sixty (60) days written notice from the issuer of the Letter of Credit of the pending expiration. Said notice shall be sent by certified mail to the Clerk to the Board of County Commissioners. 8.2 Trust Deed upon all or some of the proposed development or other property acceptable to the Board of County Commissioners provided that the following are submitted: 8.2.1 In the event property within the proposed development is used as collateral, an appraisal is required of the property in the proposed development by a disinterested Member of the American Institute of Real Estate Appraisers(M.A.I.)indicating that the value of the property encumbered in its current degree of development is sufficient to cover One-Hundred percent(100%)of the cost of the improvements as set forth in the Improvements Agreement plus all costs of sale of the property. 8.2.2 In the event property other than the property to be developed has been accepted as collateral by Weld County,then an appraisal is required of the property by a Member of the Institute of Real Estate Appraisers (M.A.I.) indicating that the value of the property encumbered in its current state of development is sufficient to cover One-Hundred percent (100%) of the cost of the improvements as set forth in the Improvements Agreement plus all costs of sale of the property. 8.2.3 A title insurance policy insuring that the Trust Deed creates a valid encumbrance which is senior to all other liens and encumbrances. 4 • • 8.2.4 A building permit hold shall be placed on the encumbered property. 8.3 Escrow Agreement that provides at least the following: 8.3.1 The cash in escrow is at least equal to One-Hundred percent(100%) of the amount specified in the Improvements Agreement. 8.3.2 The escrow agent guarantees that the escrowed funds will be used for improvements as specified in the agreement and for no other purpose and will not release any portion of such funds without prior approval of the Weld County Board of Commissioners. 83.3 The escrow agent will be a Federal or state-licensed bank or financial institution. 8.3.4 If Weld County determines there is a default of the Improvements Agreement, the escrow agent,upon request by the County,shall release any remaining escrowed funds to the County. 8.4 A surety bond given by a corporate surety authorized to do business in the State of Colorado in an amount equivalent to One-Hundred percent (100%) of the value of the improvements as specified in the Improvements Agreement. 8.5 A cash deposit made with the County equivalent to One-Hundred percent(100%)of the value of the improvements. 9.0 Request for Release of Collateral: Prior to release of collateral for the entire project or for a portion of the project by Weld County,the Applicant must present a Statement of Substantial Compliance from an Engineer registered in Colorado that the project or a portion of the project has been completed in substantial compliance with approved plans and specifications documenting the following: 9.1 The Engineer or his representative has made regular on-site inspections during the course of construction and the construction plans utilized are the same as those approved by Weld County. 9.2 Test results must be submitted for all phases of this project as per Colorado Department of Transportation Schedule for minimum materials sampling,testing and inspections found in the Colorado Department of Transportation(CDOT)Materials Manual. 9.3 "As built" plans shall be submitted at the time the letter requesting release of collateral is submitted. The Engineer shall certify that the project "as-built" is in substantial compliance with the plans and specifications as approved,or that any material deviations have received prior approval from the County Engineer. 9.4 The Statements of Substantial Compliance must be accompanied,if appropriate,by a letter of acceptance of maintenance and responsibility by the appropriate utility company, special district or town for any utilities. 9.5 A letter must be submitted from the appropriate Fire Authority indicating the fire hydrants are in place in accordance with the approved plans. The letter shall indicate if the fire hydrants are operational and state the results of fire flow tests. 9.6 The requirements in paragraphs 9.0 thru 9.5 shall be noted on the final construction plans. 9.7 Following the submittal of the Statement of Substantial Compliance and recommendation of approval of the streets by the County,the applicant(s)may request release of the collateral for the project or portion of the project by the Board. This action will be taken at a regularly scheduled public meeting of the Board. 5 • • 9.8 The request for release of collateral shall be accompanied by "Warranty Collateral" in the amount of fifteen percent(15%)of the value of the improvements as shown in this Agreement excluding improvements fully accepted for maintenance by the responsible governmental entity, special district or utility company. 9.9 The warranty collateral shall be released to the applicant upon final approval by the Board of County Commissioners. 10.0 Public Sites and Open Spaces: When the Board of County Commissioners, pursuant to a rezoning, Subdivision or Planned Unit Development,requires the dedication,development and/or reservation of areas or sites other than Subdivision or Planned Unit Development streets and utility easements of a character,extent and location suitable for public use for parks,greenbelts or schools,said actions shall be secured in accordance with one of the following alternatives, or as specified in the Planned Unit Development(PUD)Plan,if any: 10.1 The required acreage as may be determined according to the Weld County Subdivision Regulations shall be dedicated to the County or the appropriate school district,for one of the above purposes. Any area so dedicated shall be maintained by the County or school district. 10.2 The required acreage as determined according to Chapter 24 of the Weld County Code,may be reserved through deed restrictions as open area,the maintenance of which shall be a specific obligation in the deed of each lot within the Subdivision or Planned Unit Development. 10.3 In lieu of land, the County may require a payment to the County in an amount equal to the market value at the time of Final Plat submission of the required acreage as determined according to Chapter 24 of the Weld County Code. Such value shall be determined by a competent land appraiser chosen jointly by the Board and the Applicant. The cash collected shall be deposited in an escrow account to be expended for parks at a later date. 11.0 Successors and Assigns: This Agreement shall be binding upon the heirs, executors, personal representatives, successors and assigns of the Applicant, and upon recording by the County,shall be deemed a covenant running with the land herein described,and shall be binding upon the successors in ownership of said land. 6 r • • IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed on the day and year first above written. c APPLICANT: f ci% 4t-t_ APPLICANT: TITLE: (/�G eo, c C Subscribed and sworn to before me this 15day of TIVA.N/I. ,,/�20 0j. My Commission expires: ,° `��_ n(�I I NOTARY ' 1 Notary Public �( a —s— `:do: PUBLIC OFf O ATTEST: BOARD OF COUNTY COMMISSIONERS WELD COUNTY,COLORADO Weld County Clerk to the Board ,Chair BY: Deputy Clerk to the Board APPROVED AS TO FORM: County Attorney 7 • • EXHIBIT "A" Name of Subdivision or Planned Unit Development: RE 4100, RE 4119, RE 4149 Filing: Location: wep 74 R wrp 57 Intending to be legally bound,the undersigned Applicant hereby agrees to provide throughout this Subdivision or Planned Unit Development the following improvements. (Leave spaces blank where they do not apply) Improvements Quantity Units Unit Estimated Construction Costs Cost Site grading 1 1 n hr¢ $1110 R1 Jinn Street grading 1 1 n 5100 S1 ,000 Street base 1 SOOT Si 0 55,000 Street paving Curbs,gutters,and culverts Sidewalk Storm sewer facilities Retention ponds Ditch Improvements Subsurface drainage Sanitary sewers Trunk and forced lines Mains Laterals(house connected) On-site sewage facilities On-site water supply and storage Water Mains(includes bore) Fire hydrants 1 N/C Survey and street monuments and boxes Street lighting Street Names Fencing requirements Landscaping Park improvements / Rig_germ She]ter. 52.500 Road culvert Grass lined swale Telephone Gas Electric Water transfer SUB-TOTAL: 59, con Engineering and Supervision Costs$ (Testing, inspection, as-built plans and work in addition to preliminary and final plat; supervision of actual construction by contractors) TOTAL ESTIMATED COST OF IMPROVEMENTS AND SUPERVISION $ 8 ~ • • The above improvements shall be constructed in accordance with all County requirements and specifications,and conformance with this provision shall be determined solely by Weld County,or its duly authorized agent. Said improvements shall be completed according to the construction schedule set out in Exhibit "B." By: IA O`f c ' App can't/ /IS ican`L t �9 DNAEcs Date: MAC* ,20O7 Title (If corporation,to be signed by President and attested to by Secretary,together with corporate seal.) 9 • 41 EXHIBIT "B" Name of Subdivision or Planned Unit Development: RE 4100, RE 4119, RE 4149 Filing: Location: WCR 74 & WCR 57 Intending to be legally bound,the undersigned Applicant hereby agrees to provide throughout this Subdivision or Planned Unit Development the following improvements. All improvements shall be completed within 3 years from the date of approval of the final plat. Construction of the improvements listed in Exhibit"A" shall be completed as follows: (or 30 days prior to closing) Leave spaces blank where they do not apply.) Improvements Time for Completion Site grading 30 days prior to closing Street base 30 days prior to closing Street paving 30 days prior to closing Curbs,gutters,and culverts Sidewalk Storm sewer facilities Retention ponds Ditch improvements Subsurface drainage Sanitary sewers Trunk and forced lines Mains Laterals(house connected) On-site sewage facilities On-site water supply and storage Water mains Fire hydrants Survey and street monuments and boxes 30 days prior to closing Street lighting Street name signs Fencing requirements Landscaping Park improvements / Bus Stop Shelter 30 days prior to closing Road culvert Grass lined swale Telephone Gas Electric Water Transfer SUB-TOTAL: 10 • • The County,at its option,and upon the request of the Applicant,may grant an extension of time for completion for any particular improvements shown above,upon a showing by the Applicant that the above schedule cannot be met./� By: L2zavj in 4 Applicant /tat � tt ,A f ©W1 JF3S Date: /"IACH iJ ,20 67 . Title (If corporation,to be signed by President and attested to by Secretary,together with corporate seal.) 11 P . C . EXHIBITS • 1151114a • GALETON VOLUNTEER Weld County Planning and Zoning 918 !0th Street Greeley, CO 80631 To whom it may concern: The Galeton Fire Protection District has reviewed the plans for Dave and Janice Dyers RE:4149,4119. Our district has no problems with the layout of the parcels. The right of way leading into the properties is proposed at 60' which is sufficient as long as the maintained portion is at least 30'. We have requested that a fire hydrant be placed at the intersection of Weld County Road 57 and 74 on the North side of 74 at the entrance to the proposed properties. Terra West real estate is representing Dave and Janice Dyer in this project and all parties have agreed to have a hydrant placed at above location. If I can be of any more assistance please contact me at 970-302-8923. Sincerely, Clint J.Heidenreich Fire Chief P.O. BOX 697, Galeton, Colorado 80622 (970) 454-0681 _. ;97O4545,93 u 2/ ' 2 • • EATON SCHOOL DISTRICT RE-2 Jr.Randy Miller 200 Park Avenue Superintendent Eaton, Colorado 80615 (970)454-3402 (970)454-5193 Fax March 3, 2006 Jacqueline Hatch/Michelle Martin Weld County Planning Department 1400 17th Avenue Greeley, CO 80631 RE: David &Janice Dyer Recorded Exemption RE-4149 and 4119 Jacqueline Hatch/Michelle Martin: We have reviewed the above applicant's request. The Eaton School District has a process in place addressing growth within the District. The School District has adopted a methodology to determine a cash-in-lieu payment for residential development within the District in order to provide adequate educational opportunities as a result of that development. The cash-in-lieu payment per dwelling lot is $1,043 for a total of$3,129 for each of these recorded exemptions. Payment should be hand delivered or mailed to Eaton School District, 200 Park Avenue, Eaton, Colorado 80615. A receipt will be mailed to the applicant and a copy to the Weld County Planning Department. The District typically does not go into developments to pick up students. The District would like to request that a covered bus shelter be provided (similar to what is found at city bus stops) that blocks the wind on three sides with a roof to protect students while they are waiting for the bus. The size of the structure would be would be approximately 6' x 10' located in the southeast corner of Lot A of RE-4149 at the intersection of WCR 74 and WCR 57 into the development. Please contact me if you have any questions. Sincerely, 1 O\*W:—&Timothy Unrein Assistant Superintendent of Business Services Eaton School District RE-2 Enc. Date Paid Amount Check # Received By s � Q6- 4i19 9j - 4/oo )mpao✓1- J4- . Ci'f. r 60 f , c O,t — 409 (�o alb a Q > c'vs S 1✓1/-� /ice coortc,4--d Ain 77,7jJA bit_ a Nw ceeesiat QcsitzLowt a., f}Lc1S tc-sz,, EAA (P-(1446A- ckc- 3/23/07 • • EXHIBIT "A" Name of Subdivision or Planned Unit Development: (c E 4I& RE 4119 , RE— Li 1O Filing: Location: W f-& 7`7 a.-d WC 57 Intending to be legally bound,the undersigned Applicant hereby agrees to provide throughout this Subdivision or Planned Unit Development the following improvements. (Leave spaces blank where they do not apply) Improvements Quantity Units Unit Estimated Construction Costs Cost Site grading / 10 t o la 491000 Street grading / 10 Ind /, 000 Street base / SDOT .!r/O < 000 Street paving Curbs,gutters,and culverts Sidewalk Storm sewer facilities Retention ponds Ditch Improvements Subsurface drainage Sanitary sewers Trunk and forced lines Mains Laterals(house connected) On-site sewage facilities On-site water supply and storage Water Mains(includes bore) 1 Fire hydrants / 41/0 `QS t Survey and street monuments and boxes Street lighting 3,1 C-7 S` Street Names/SlogJ1 Fencing requi ements Landscaping Park improvements /QUS STOP sf1PLT, ,t. ; a 2,500 • Road culvert Grass lined swale Telephone Gas Electric Water transfer SUB-TOTAL: '� q,SOO Engineering and Supervision Costs$ (Testing, inspection, as-built plans and work in addition to preliminary and final plat; supervision of actual construction by contractors) TOTAL ESTIMATED COST OF IMPROVEMENTS AND SUPERVISION $ 8 1-23-05: 1 07P:Eaton School 01St. • :9704545183 # •• 200 Park Avenue ‘ Eaton,CO 80615 s s t)k p4 `"' t' (970)454-3402 (970)454-5193 Fax I Fax / 1,4 To: Michelle Martin—Weld County From: Tim Unrein Fax: (970)304-6498 Pages: 2 Phone (970)353-6100 Date: 1/23/2008 Re: Weld County Referral CC: O Urgent RI For Review O Please Comment O Please Reply O Please Recycle Attached please find a response removing the bus stop shelter for David&Janice Dyer RE-4119 and 4149. Please let me know if you have any questions. I-23-08: 1 :070M:Eaton Schoo Dist. .o7Oc5a5.o • • EATON SCHOOL DISTRICT RE-2 Randy Miller 200 Park Avenue , Superintendent (970)4543402 Eaton,Colorado 80615 (970)4545193 Fax January 23, 2008 Michelle Martin Weld County Planning Department 1400 17th Avenue Greeley, CO 80631 RE: David & Janice Dyer Recorded Exemptions 4119 and 4149 Dear Michelle: The District had previously responded to the above recorded exemptions asking for a covered bus shelter to be provided by the developer. After further consideration, the District has decided to remove that requirement for this property. Please let me know if you have any questions. Sn rely, " 1)\-1 Timothy Unrein Assistant Superintendent Eaton School District RE-2 CC: Wayne Howard — Terra West Real Estate Hello