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F`` ( # °[a3 4e i 4 { 511 i 1 i .-y 1611 s°° 116 11 1 ,� " .� E11111 �i1Ihin ' ' i Y190 I!i 1 9Ja ,o 9 it7 { ' ,j I •i III ' ed _ RPt4evIWa 11 1O .+ cc `j a # °1 a ro 455{ 1. 8 ,1 56A_.J 1`y` F O ThU e4tl 1 V) 1f a-0,1 € 1 'iEe§o le Je .. ;easy .{ a' 5 • � T. 144i! - t,e 8ry ii 1 1 i E O 1 i1 i3' III P II aki S i r. e qs a VII ; lE1i r b G� p�p{ E G ak as. 1 Pdei t1 4 1 dy I i 2001° - 34'13 RESOLUTION RE: APPROVAL OF RECORDED EXEMPTION #4554 -SW CHAMBERS, LLC WHEREAS,the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board of County Commissioners, pursuant to its authority under Section 30-28-101(10)(d), C.R.S.,did determine at a public meeting held in the Chambers of the Board, that a certain parcel of land, to be divided into two parcels, as shown on the plat known as Recorded Exemption #4554, does not come within the purview of the definition of the terms, "subdivision" and "subdivided land," and WHEREAS,the request for Recorded Exemption#4554 was submitted by SW Chambers, LLC, 333 West Hampden Avenue, Suite 810, Englewood, Colorado 80110, for property which is located in part on the following described real estate, to-wit: Part of the E1/2 of Section 13, Township 2 North, Range 67 West of the 6th P.M., Weld County, Colorado being more particularly described in the plat which shall be provided by the applicant and known as Exhibit"A," said plat to be recorded, and WHEREAS,this request is to divide the property into parcels estimated to be approximately 70.7 acres and 30.7 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 Recorded Exemption #4554 by SW Chambers, LLC is, approved conditional upon the following: 1. A Weld County Septic Permit is required for any proposed home. The septic system shall be installed according to the Weld County Individual Sewage Disposal System (I.S.D.S.) Regulations. 2. The applicant has proposed a well as the source of adequate water for Lot A. 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. 2006-3413 RE4554 (1(1 `. fG, 470,0z--- 0 r- /7-07 RE #4554 - SW CHAMBERS, LLC PAGE 2 3. Prior to recording the plat: A. The plat shall be titled: Recorded Exemption No. 1311-13-04 RE-4554. B. Lot B shall use the existing residential/gravel operation access, as no additional accesses shall be granted. C. Lot A shall use the existing agricultural access for residential purposes, as no additional accesses shall be granted. The applicant will be required to verify with the Department of Public Works that adequate site distance exists for the access off of Weld County Road 20.25. Evidence of approval from the Department of Public Works shall be provided to the Department of Planning Services. D. All approved accesses shall be clearly shown on the plat. E. Weld County Roads 20.25 and 25 are designated on the Weld County Road Classification Plan as local gravel roads,which require 60 feet of right-of-way at full buildout. The applicant shall verify the existing right-of-way and the documents creating the right-of-way. All setbacks shall be measured from the edge of future right-of-way. If the right-of-way cannot be verified, it shall be dedicated. These roads are maintained by Weld County. F. Lot A shall comply with the less than thirty-five (35) acre maximum lot size required by Section 24-8-10.B of the Weld County Code. Net acreage calculations shall not include reserved road right-of-way. G. The RS-1133 plat shall be recorded. H. Setback radii for existing oil and gas wells/tank batteries shall be indicated. The applicant shall provide the Weld County Department of Planning Services with a Statement of Taxes from the Weld County Treasurer showing no delinquent taxes exist for the original parcel. J. 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 2006-3413 RE4554 RE #4554 - SW CHAMBERS, LLC PAGE 3 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. 3) Lot A is not eligible for a future land exemption, in accordance with Section 24-8-20.C.1 of the Weld County Code. 4) WARNING:LOTS MAY NOT BE BUILDABLE DUE TO FLOODPLAIN OR FLOODWAY DESIGNATION. Please be advised that owners of Lots A and/or B may not be able to obtain building permits to construct non-agricultural structures. All construction or improvements occurring in the floodplain, as delineated on Federal Emergency Management Agency FIRM Community Panel Map 080266 0866 C, dated September 28, 1982, shall comply with the Flood Hazard Overlay District requirements of Chapter 23,Article V, Division 3, of the Weld County Code, and all applicable FEMA regulations and requirements as described in 44 CFR parts 59 and 60. 5) The installation of any septic system within the 100-year floodplain shall comply with the Weld County I.S.D.S. Floodplain Policy. In accordance with the State of Colorado I.S.D.S. Regulations, no septic system shall be installed within the floodway. 6) 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. 7) Prior to the release of building permits, the applicant shall submit evidence to the Department of Planning Services that Lot A has an adequate water supply of sufficient quality, quantity, and dependability. The existing well on Lot B, permit number 4945, cannot be shared. 8) Prior to the release of building permit, the applicant shall submit evidence of approval from the Fort Lupton Fire Protection District to the Weld County Department of Building Inspections. 9) Potential purchasers shall be aware that LotA 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. 2006-3413 RE4554 RE#4554 - SW CHAMBERS, LLC PAGE 4 10) Potential purchasers shall be aware that groundwater may not meet all drinking water standards as defined by the Colorado Department of Public Health and Environment.The Weld County Department of Public Health and Environment strongly encourages well users to test their drinking water prior to consumption and periodically thereafter. 11) Potential purchasers shall be aware that approval of this Recorded Exemption does not guarantee that well permits will be issued for the lots. Any lot may be deemed non-buildable if the lot owner is unable to obtain a well permit. The State Division of Water Resources issues all well permits. 12) 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. 13) The Weld County Department of Public Health and Environment requires any septic system to be abandoned, and/or removed, to have the tank pumped and the system abandoned according to the Weld County I.S.D.S. Regulations. 14) 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 29-3-20.6.13 of the Weld County Code do not need building permits; however, a Certificate of Compliance must be filed with the Department of Planning Services, and an electrical and/or plumbing permit is required for any electrical service to the building or water for watering or washing of livestock or poultry. 15) 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. 16) Effective January 1, 2003, building permits issued on the proposed lots will be required to adhere to the fee structure of the County-Wide Road Impact Fee Program. 17) Effective August 1,2005, building permits issued on the subject site will be required to adhere to the fee structure of the Capital Expansion Impact Fee and the Stormwater/Drainage Impact Fee. 18) Weld County's Right to Farm Statement, as it appears in the Weld County Code, Appendix 22-E, shall be placed on the plat. 2006-3413 RE4554 RE #4554 - SW CHAMBERS, LLC PAGE 5 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 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. In accordance with Weld County Code Ordinance#2005-7,approved June 1, 2005, should the plat not be recorded within the required sixty(60)days from the date of the Board of County Commissioners Resolution, a $50.00 recording continuance charge may be added for each additional three (3) month period. 6. The Department of Planning Services respectfully requests the surveyor provide a digital copy of this Recorded Exemption. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles, Arclnfo Coverages and Arclnfo Export files format type is .e00. The preferred format for Images is.tif(Group 4). (Group 6 is not acceptable). This digital file may be sent to maps@co.weld.co.us. The above and foregoing Resolution was,on motion duly made and seconded,adopted by the following vote on the 13th day of December, A.D., 2006. BOARD OF COUNTY COMMISSIONERS EL WELD COUNTY LORADO ATTEST: ike, 1161 eile, Chair Weld County Clerk to the r BY: A. ( °;,4 avid E. Long, Pro-Tem Depu Clerk the Board `at- �G Wi ' mH. Jerke\NO APPR AST • — Roby?. Masden unty ttorney -4.1-414( Glenn Vaad Date of signature: (14)07 2006-3413 RE4554 # * MEMORANDUM WineTO: Board of County Commissioners 12/6/2006 COLORADO FROM: Chris Gathman - Planner II SUBJECT: RE-4554 - SW Chambers, LLC Attached is the RE-4554 recommendation. The applicants (SW Chambers, LLC) are applying to divide the property into two parcels. This is the same property that the applicant's are proposing to vacate Lots 4-5 of Lupton Meadows Land Division No. 1 (RS-1133). Approval of this recorded exemption would be contingent upon prior approval of RS-1133. SERVICE,TEAMWORK,INTEGRITY,QUALITY 2006-3413 DEPARTMENT OF PLANNING SERVICES WD RECORDED EXEMPTION ADMINISTRATIVE REVIEW COLORADO Applicant: SW Chambers, LLC RE-4554 Planner: C. Gathman Legal Description: Part E2 of Section 13, T2N, R67W of the 6th P.M., Weld County, CO. Parcel ID #: 131113001002 Lot A Size: +/-30.7 acres Lot B Size: +/- 70.7 acres Water Source: Lot A: Proposed Well Sewer System: Septic Lot B: Existing Well The Department of Planning Services' staff has reviewed this request and recommends that this request be Approved for the following reasons: Criteria Checklist Yes No X 1. Conforms with Chapter 22 of the Weld County Code and any adopted municipal plan. X 2. Compatible with the existing surrounding land uses. X 3. Consistent with the intent of the zone district. X 4. Consistent with efficient and orderly development. X 5. Complies with Recorded Exemption standards in Section 24-8-40 of the Weld County Code. X 6. Provides for adequate protection of the health, safety, and welfare of the inhabitants of the neighborhood and the County. Should the Board of County Commissioners approve this request, the Department of Planning Services' staff recommends the following conditions be attached: 1. A Weld County septic permit is required for any proposed home. The septic system shall be installed according to the Weld County Individual Sewage Disposal System (I.S.D.S.) regulations. 2. The applicant has proposed a well as the source of adequate water for Lot A. 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: a. The plat shall be titled: Recorded Exemption No. 1311-13-04 RE-4554 b. Lot B shall use the existing residential/gravel operation access point as no additional accesses shall be granted. c. Lot A shall use the existing agricultural access point for residential purposes as no additional accesses shall be granted. The applicant will be required to verify that adequate site distance exists for the access point off of County Road 20.25 with the Department of Public Works. Evidence of Department of Public Works approval shall be provided to the Department of Planning Services. d. All approved accesses shall be clearly shown on the plat. e. County Roads 20.25 and 25 are designated on the Weld County Road Classification Plan as local gravel roads, which require 60 feet of right-of-way at full build out. The applicant shall verify the existing right-of-way and the documents creating the right-of-way. All setbacks shall be measured from the edge of future rights-of-way. If the rights-of-way cannot be verified, it shall be dedicated. This road is maintained by Weld County. f. Lot A shall comply with the less than thirty-five (35) acre maximum lot size required by Section 24-8-10.8 of the Weld County Code. Net acreage calculations should not include reserved road right-of-way. g. The RS-1133 plat shall be recorded. h. Setback radius'for existing oil and gas wells/tank batteries shall be indicated. i. The applicant shall provide the Weld County Department of Planning Services with a Statement of Taxes from the Weld County Treasurer showing no delinquent taxes exist for the original parcel. j. The following notes shall be placed on the plat: 1) All proposed or existing structures will or do meet the minimum setback and offset requirements for the zone district in which the property is located. Pursuant to the definition of setback in the Weld County Code, the required setback is measured from the future right-of-way line. No building or structure as defined and limited to those occupancies listed as Groups A, B, E, F,H, I, M and R in Section 302.1 of the 2003 International Building Code, shall be constructed within a 200-foot radius of any tank battery or within a 150-foot radius of any wellhead. Any construction within a 200-foot radius of any tank battery or 150-foot radius of any wellhead shall require a variance from the terms of the Section 23-3-10 of the Weld County Code. 2) Any future structures or uses on site must obtain the appropriate zoning and building permits. 3) Lot A is not eligible for a future land exemption in accordance with Section 24-8- 20.C.1 of the Weld County Code. 4) WARNING: LOTS MAY NOT BE BUILDABLE DUE TO FLOODPLAIN OR FLOODWAY DESIGNATION. Please be advised that owners of Lot(s) A and/or B may not be able to obtain building permits to construct non-agricultural structures. All construction or improvements occurring in the flood plain as delineated on Federal Emergency Management Agency FIRM Community Panel Map 080266 0866 C dated September 28, 1982, shall comply with the Flood Hazard Overlay District requirements of Chapter 23, Article V, Division 3 of the Weld County Code and all applicable FEMA regulations and requirements as described in 44 CFR parts 59 and 60. 5) The installation of any septic system within the 100-year flood plain shall comply with the Weld County I.S.D.S. flood plain policy. In accordance with the State of Colorado I.S.D.S. Regulations, no septic system shall be installed with in the floodway. 6) 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. 7) Prior to the release of building permits, the applicant shall submit evidence to the Department of Planning Services that Lot A has an adequate water supply of sufficient quality, quantity and dependability. The existing well on Lot B, permit number 4945 cannot be shared. 8) Prior to the release of building permit, the applicant shall submit evidence of approval from the Fort Lupton Fire Protection District to the Weld County Building Department. 9) Potential purchasers should be aware that Lot A 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. 10) 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. 11) 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. 12) 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. 13) The Weld County Department of Public Health and Environment requires any septic system to be abandoned and/or removed to have the tank pumped and the system abandoned according to the Weld County ISDS Regulations. 14) 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. 15) 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. 16) 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) 17) Effective August 1, 2005, Building permits issued on the subject site will be required to adhere to the fee structure of the Capital Expansion Impact Fee and the Stormwater/Drainage Impact Fee. (Ordinance 2005-8 Section 5-8-40) 18) WELD COUNTY'S RIGHT TO FARM: Weld County is one of the most productive agricultural counties in the United States, ranking fifth in total market value of agricultural products sold. The rural areas of Weld County may be open and spacious, but they are intensively used for agriculture. Persons moving into a rural area must recognize and accept there are drawbacks, including conflicts with longstanding agricultural practices and a lower level of services than in town. Along with the drawbacks come the incentives which attract urban dwellers to relocate to rural area: open views, spaciousness, wildlife, lack of city noise and congestion, and the rural atmosphere and way of life. Without neighboring farms, those features which attract urban dwellers to rural Weld County would quickly be gone forever. Agricultural users of the land should not be expected to change their long-established agricultural practices to accommodate the intrusions of urban users into a rural area. Well run agricultural activities will generate off-site impacts, including noise from tractors and equipment; slow-moving farm vehicles on rural roads; dust from animal pens, field work, harvest, and gravel roads; odor from animal confinement, silage, and manure; smoke from ditch burning; flies and mosquitoes; and the use of pesticides and fertilizers in the fields, including the use of aerial spraying. Ditches and reservoirs cannot simply be moved out of the way of residential development without threatening the efficient delivery of irrigation to fields which is essential to farm production. Section 35-3.5-102, C. R. S., provides that an agricultural operation shall not be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs methods or practices that are commonly or reasonably associated with agricultural production. Weld County covers a land area of over 4,000 square miles in size (twice the State of Delaware) with more than 3,700 miles of state and County roads outside of municipalities. The sheer magnitude of the area to be served stretches available resources. Law enforcement is based on responses to complaints more than on patrols of the county and the distances which must be traveled may delay all emergency responses, including law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must leave their jobs and families to respond to emergencies. County gravel roads, no matter how often they are bladed, will not provide the same kind of surface expected from a paved road. Snow removal priorities mean that roads from subdivisions to arterials may not be cleared for several days after a major snowstorm. Snow removal for roads within subdivisions are of the lowest priority for public works or may be the private responsibility of the homeowners. Services in rural areas, in many cases, will not be equivalent to municipal services. Rural dwellers must, by necessity, be more self-sufficient than urban dwellers. Children are exposed to different hazards in the county than in an urban or suburban setting. Farm equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center pivot operations, high speed traffic, sand burs, puncture vines, territorial farm dogs, and livestock present real threats to children. Controlling children's activities is important, not only for their safety, but also for the protection of the farmer's livelihood. Parents are responsible for their children. 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 of the Board of County Commissioners resolution. The applicant shall be responsible for paying the recording fee. 5. In accordance with Weld County Code Ordinance 2005-7 approved June 1, 2005, should the plat not be recorded within the required sixty (60) days from the date the Administrative Review was signed a $50.00 recording continuance charge may be added for each additional 3 month period. 6. The Department of Planning Services respectfully requests the surveyor provide a digital copy of this Recorded Exemption. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles, Arclnfo Coverages and Arclnfo Export files format type is .e00. The preferred format for Images is .tif(Group 4). (Group 6 is not acceptable). This digital file may be sent to mapsco.weld.co.us. 7. The Weld County Board of County Commissioners approval of this Recorded Exemption Application is based on satisfying the Conditions of Approval. Should an applicant be unwilling or unable to meet any one of these conditions within 60 days of approval, then this case will be forwarded to the Weld County Board of County Commissioners with a staff recommendation for denial. tea- 14554 Plat Checklist POC Planner Item Comments Check Check Proper size and material 24" x 36" or 18"x 24"/Minimum 3 millimeter polyester sheet Lettering No stick-on lettering / Minimum 8 pt. lettering ,. , Boundaries of Lots C..•••"". ... Scale Suitable Scale? (1"=200'or 1"=100') Accesses indicated Shared Access'? If so, is easement Certificate included? acca.5$CS Roads labeled,including R.O.W Building Envelope(s) N /!1 Vicinity Map Suitable Scale? (Minimum 1"=2000') North Arrow 4.---------...- Legal Description t1Q C P— c0 3 / Notes from Planner/ Development Standards ❑❑ 11 l 0. Conditions of Approval '' NOt'SI0O S3.C. (g1 Aki- M Ztaornct& 1t:- 3. kCcs�. oc-Twxc_ C....„...)----- --c*Es NE ussE65 Owner's Certificate Notarial Certificate included?All owners must sign the plat, check the deed. Surveyor's Certificate and All surveyed plats 7 Mai Surveyor's Stamp Note: USR plats do not need to be surveyed boa Ntli CO - Director of Planning Notarial Certificate included?(RE, SE, SPR,Final PUD if ,. 1 Certificate Staff Approved) N / Planning Commission (USR, COZ,Minor Sub. Final) I A Certificate 1 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 �� 7 (�v7D�'� J ,245).4..±Cts-f Please return the plat to the CAD Technician within 24 hours of receiving the plat. C",,(3 V-4-- d ;1\691/45CAS Planner on Call: (Initials) 6. �AipcN c,• L :1a t Planner Signature Date: R/2W'S 1 WY,COLORADO DEPARTMENTELDCOUNT OF PLANNING CO SERVICES • 4209 CR 24.5 • LONGMONT, CO 80504 PHONE:720-652-4210,EXT.8730/ FAX:720-652-4210 Date: i � (r+t -) 20 OC6 Receipt No. 165$ Received From: J t2 SO ((P.; Permit Type No. Description Fee 4221-RE/SE :5 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�r 2 i .0(/ misc. l.1CASH HECK NO. 1335 T�► f L E Receipted By: DL# Exp. WELD COUNTY,COLORADO DEPARTMENT OF PLANNING SERVICES 4209 CR 24.5 LONGMONT,CO 80504 PHONE: 720-652-4210,EXT.8730/FAX: 720-652-4211 Date: jO j J S 20 ':t." Receipt No. 1 2 9 f Received From: ',AN C 14 / {. Permit Type No. Description Fee 4221-RE/SE f JvJJ 4221-ZPMH / " G „1V 4221-USR 4221-SITE PLAN REVIEW 4221-CHANGE OF ZONE • 4221-PUD 4221-MINOR/MAJOR SUB #OF BUILDABLE LOTS 4221-ADDITIONAL 30% FEE FOR SUB's 4221-RE-SUBDIVISIONS 4221-BOA 4221-FHDP/GHDP 4430-MAPS/POSTAGE 4430-COPIES 4730-INVESTIGATION FEE 6560-RECORDING FEE MISC. 'i4:A145 l6 - 000.01 {} - )S4.0 JCASH CHECK NO. TOTAL FEE Receipted By: DL# Exp. Chris Gathman From: Larry Pepek [larryp@kingsurveyors.com] Sent: Wednesday, February 20, 2008 11:04 AM To: Chris Gathman Cc: Kyle Rutz Subject: Subdivision/RE4554 Follow up Chris, You have my permission to add the Subdivision recording information to the property description on the Recorded Exemption. The subdivision was recorded 1-30-08 at Reception No. 3532263 . On a side note the county needs to come up with a better process to address the circumstances revolving around this project. A Subdivision Plat is not the proper way to vacate a Subdivision. By it's nature a Subdivision Plat creates a Subdivision, not vacate itiIII thanks, Larry Pepek, PLS King Surveyors Inc. 650 E. Garden Drive Windsor, CO 80550 office 970-686-5011 fax 970-686-5821 1 Page 1 of 1 Chris Gathman From: Chris Gathman Sent: Monday, February 04, 2008 4:21 PM To: 'Ryan@CivilResources.com' Subject: RE-4554 plat Ryan, I have reviewed the RE-4554 plat submitted by King Surveyors and have no changes. They are free to go ahead and prepare the mylar. Sincerely, Chris Chris Gathman,AICP,Planner II Weld County Department of Planning Services 918 10th Street,Greeley,Colorado 80631 ph(970)353-6100 ext. 3540 fax(970)304-6498 02/04/2008 CIVIL RESURCES, LLC ENGINEERS 21 PLANNERS January 28, 2008 Mr. Chris Gathman, Planner Weld County Department of Planning Services Greeley Office 918 10th Street Greeley,CO 80631 RE: SW Chambers, LLC—Recorded Exemption (RE-4554)and Resubdivision (RS-1133) Dear Mr. Gathman: On behalf of SW Investments, LLC,we are respectfully submitting two paper copies of the RE 4554 and 2 signed mylars of the RS-1133 plats for review and approval. Upon your approval,the RE-4554 and RS- 1133 plats will be submitted for recording. Enclosed with this letter is evidence that all conditions required to be met prior to recording the plats have been completed. RE-4554 Conditions of Approval 1. Lot A shall use the existing agricultural access point for residential purposes as no additional accesses shall be granted.The applicant will be required to verify that adequate site distance exists for the access point off of County Road 20.25 with the Department of Public Works. Evidence of Department of Public Works approval shall be provided to the Department of Planning Services. Please refer to the our letter dated January 5,2008 to Don Carroll and his response to the Weld County Planning Department dated January 8,2008. 2. The applicant shall provide the Weld County Department of Planning Services with a Statement of Taxes from the Weld County Treasurer showing no delinquent taxes exist for the original parcel. Please refer to the attached Statement of Taxes dated January 28,2008. Prior to recording the RE-4554 plat: A. Indicate existing access points. Existing and proposed access points are shown on the plat. B. Remove all structures (buildings,fences...)shown on the plat with the exception of wellheads and tank batteries(because the setback radius' pertain to these items. All buildings and structures have been removed from the plat. C. The easement certificate shall be removed (a new residential access easement is not being dedicated through this plat). The easement certificate block has been removed. D. The reference to "Lot 1, RS-1133, Resubdivision of Lupton Meadows Land Company Subdivision"shall be removed from the plat. The reference to Lot 1 has been removed from the plat. E. Surveyor's Certificate should match Appendix 24-F of the Weld County Code. The Surveyor's Certificate now matches the Weld County Code. 323 FIFTH STREET • P.O. Box 5B0 • FREDERICK, CO 80530 • PHONE (303) B33-1416 • FAX (303) 933-2950 CIVIL RESURCES,LLC RS-1133 Conditions of Approval 1. Was the septic system properly abandoned when the house was demolished? Ryan McCaw contacted the State of Colorado Department of Public Health and Environment and spoke to Kent Kuster. Mr. Kuster referred him to Pam Smith at the Weld County Department of Public Health and Environment for residential sized septic system abandonment requirements. Ms. Smith stated that Weld County wanted a statement from whomever did the work(demolished the house and abandoned the septic system)outlining how the septic system was abandoned(i.e. Was it abandoned in place? Removed?). Please refer to attached letter stating that the septic system has been removed. Prior to recording the RS-1133 plat: A. Indicate existing access points. Existing and proposed access points are shown on the plat. B. Surveyor's certificate should match Appendix 24-F of the Weld County Code. The Surveyor's Certificate now matches the Weld County Code. If you have any questions regarding these responses please feel free to contact Danna at 303.833.1416 extension 203 or Ryan at 303.833.1416 extension 208. Thank you for your assistance. Sincerely, CIV L SOURCES, LLC Danna Ortiz,AP LEED y n McCaw Principal Planner anner Attachments 1. Two sets of 24x36 plat of RE-4554 2. 2 sets of signed mylars of the RS-1133 3. Civil Resources letter to Don Carroll regarding RE-4554 Conditions of Approval 4. Don Carroll's response to Civil Resources regarding RE-4554 Conditions of Approval 5. Statement of Taxes for Parcel Number 131113001002 (RE-4554) 6. Confirmation of septic system abandonment letter from Sean Ford J:\SW Investment Group-123\Heil Property\Recorded Exemption\3-Response to County Comments\Gathman final response 1 23 08.doc Weld County Planning Department GREELEY OFFICE MEMORANDUMA" o9an RECEIVED TO: Jacqueline Hatch or Michelle Martin DATE: 1/8/2008 CSouthwest Weld County Planning Services O e FROM: Donald Carroll, Engineering Administrator de COLORADO SUBJECT: RE-4554, SW Chambers, LLC The recorded exemption is identifying Lot A, the smaller parcel, as being proposed to be residential. On the Weld County Access Information Sheet, the applicant is indicating the proposed access for Lot A parcel in accordance with our requirements Road Access Policy: (Policy Established Sec. 8-2-10) Direct access from a public road will be limited to one (1) per legal parcel, except as further limited or restricted by zoning or subdivision regulations. Additional accesses may be approved by the Department of Public Works or the Board of County Commissioners. This policy shall apply to all new and existing accesses within the unincorporated areas of the County. Properties within municipalities or other counties which access County roads are subject to this policy. If a drainage culvert is required, a 15-inch corrugated metal pipe is the County's minimum size requirement. If the applicant chooses to place a larger culvert, please contact the Public Works Department to adequately size your culvert. Public Works normally requires that an access point to a road is a minimum of 75 feet between access points to adjacent parcels;joint access points are encouraged between lots. Weld County Public Works shall approve one new access to the Lot A parcel as it is being identified as a residential parcel only. pc: Danna Ortiz, Civil Resources RE-4554 M:\PLANNING-DEVELOPMENT REVIEWRE-Recorded Exemption\RE-4554-B.doc January 5, 2007 Mr. Donald Carroll, Engineering Administrator Weld County Public Works Department 1111 H Street PO Box 758 Greeley, CO 80632 RE: SW Chambers, LLC; Recorded Exemption (RE-4554) Dear Mr. Carroll: The purpose of this letter is to resolve the access issue on the Recorded Exemption (RE-4554) and request an extension of our recording deadline. The following information corresponds to comments received at the Weld County Public Hearing 10 a.m., December 13, 2006 and the Recorded Exemption Administrative Review sheet, condition 3 c: c. "Lot A shall use the existing agricultural access point for residential purposes as no additional accesses shall be granted. The applicant will be required to verify that adequate site distance exists for the access point off of County Road 20.25 with the Department of Public Works. Evidence of Department of Public Works approval shall be provided to the Department of Planning Services. It is our opinion that adequate sight distance does exist from the existing agricultural access point off of County Road 20.25. Per our telephone conversation with you on December 13, 2006, we understand that this verification is adequate and there is no specific standard to measure the sight distance. As I mentioned to you on the phone, we are exploring the possibility of accessing Lot A using an existing access just to the west of the SW Chambers property which would require us to get an access easement with the Meadow Island Irrigation Company No. 1. We would use this access INSTEAD OF, not in addition to,the existing agricultural access. Please see the attached map. This western access has an existing bridge across the ditch which would allow us to access the drier northern portions of the site where building may be possible. Using the existing agricultural access to reach this same potential building area would require us to cross wet areas and build a new bridge across Little Dry Creek. It makes sense for us to use existing infrastructure if we can. We have contacted the irrigation company and have been told that it should not be a problem for us to use this access, since it is currently informally used by multiple people. However, since the irrigation company is not sure that they own the land (it is an old railroad grade and a gray area but shown as Meadow Island land on the Weld County Assessor's website and a deed researched by our surveyor) a Board meeting will need to be called to review how they should proceed with our request. This may take at a minimum several weeks and possibly longer. Mr. Donald Carroll January 5, 2007 Page 2 According to Weld County's Recorded Exemption Administrative Review conditions,we have 60 days from the Commissioner's approval to meet the conditions, which is February 11, 2007. In the event that we cannot finalize our agreement with Meadow Island Irrigation Company No. 1 within that timeframe, we are requesting a continuance. Thank you for your time and consideration of our concerns. Sincerely, CIVIL RESOURCES, LLC Danna Ortiz Planner End. Cc: Mark Campbell, SW Chambers, LLC Ginny Duncan, SW Chambers, LLC Robert Bruce, Lawliss & Bruce Chris Gathman, Weld County Department of Planning Services J:\SW Investment Group-123Weit Propert ARecorded Exemption\3-Response to County Comments\Carroll Ltr 1-5-07.doc I I r 13 I x `�Z 6 `. 3 a x I °e 4 Ul 7 w Za_O Z ce O LU ,O.44t o ?'i ' U N 3 w� I w ^ o¢w O w O CC ECa in z a1 p a p . > w ° L N zun... ao a z = CC . m xa' oc w 2 d a� m o i Lii o-I i ..., _7....7.,,*= .• • —'..=-..-r--...:.— '-..-:.r....4...--j ' — .......1. ....... IL i 611 u IlL! , v iffr4, III J a PI f-1-- U f El�L' > o a O QO U IJJ I i ri?_--<:. zf om °• r= i w m hh{' z,` n w �.,h •o z m ill w 1- O 1\ l w .J `t N- IA.] a cn W71� 4 of w o 41) • 1 to ill7-o rU • z tn a O o z li- ce X6 F I to o c J • ia. 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Z. 1 . .-._ A ro w-*' • •/ O ✓ 't W ,a_ IP a. / Q) "0 ! 9 , t6i. w ce n v O w Z W U) ntn a ,\��.� ::7 •\\ a J ' W i �� 41, QNd1• �\;'/ \\ o.-� J .• gib;1.n1 k ��a ' I II /:• _ 9 4 as a b Page 1 of 2 Chris Gathman From: Chris Gathman Sent: Monday, December 03, 2007 10:34 AM To: 'Ryan@CivilResources.com' Subject: RE: RS-1133 follow-up Ryan: Per the last e-mail in my file (dated October 29, 2007), the following items needed to be changed on the RE-4554 plat (with the exception of one item that I have removed): /Indicate existing access points. /Remove all structures (buildings, fences...) shown on the plat with the exception of wellheads and lank batteries (because of the setback radius' pertaining to these items). The easement certificate shall be removed. / Surveyor's Certificate should match Appendix 24-F of the Weld County Code. Remaining RE-4554 conditions of approval: Lot A shall use the existing agricultural access point for residential purposes as no additional accesses shall be granted.The applicant will be required to verify that adequate site distance exists for the access point off of County Road 20.25 with the Department of Public Works. Evidence of Department of Public Works approval shall be provided to the Department of Planning Services. The applicant shall provide the Weld County Department of Planning Services with a Statement of Taxes from the Weld County Treasurer showing no delinquent taxes exist for the original parcel. RS-1133 changes: 1) Indicate existing access points. 2) Surveyor's certificate should match Appendix 24-F of the Weld County Code. (I have the mylar sitting in the box adjacent to the Planner-On-Call Office). All other items on this mylar were addressed with the exception of these two items. This mylar is currently in our office. One final question re: the septic system. Was the septic system properly abandoned when the house was demolished?? RE: Mylar Costs: RS-1133 plat=$21.00 (I did not see evidence of a receipt indicating that the recording fee had been paid. RE-4554 = $11.00 for first page and $10.00 for any subsequent page. RE: Drop off Assuming all changes have been made for RE-4554 it can be dropped off at either office along with evidence that all conditions of approval have been addressed. 12/03/2007 Page 2 of 2 RS-1133 plat needs to be modified to include access and revise signature block. Also clarification re: the septic system (that it has been properly abandoned). If you have any questions, let me know. Sincerely, Chris Gathman,AICP. Planner II Weld County Department of Planning Services 918 10th Street, Greeley,Colorado 80631 ph (970)353-6100 ext. 3540 fax(970)304-6498 From: Ryan McCaw [mailto:ryan@civilresources.com] Sent: Monday, December 03, 2007 9:43 AM To: Chris Gathman Subject: RS-1133 follow-up I talked to Danna about the CDPHE's requirement for a septic system permit. Danna informed me that there was a house on site at one point which would need a septic system but it has since been demolished and only mining will be taking place at the site so there should be no requirement for a septic system permit. If that is the case, do you think we are ready for recording? If so, should we deliver it to you? Do we take the mylars to the Weld County Annex or up to the main office in Greeley? Any idea of what the cost will be? Thanks so much for all your help! Ryan McCaw, M.C.P. Civil Resources, LLC www.civilresources.com Office: (303) 833-1416x208 Cell: (303) 552-6569 Fax: (303) 833-2850 12/03/2007 Page 1 of 2 Chris Gathman From: Chris Gathman Sent: Monday, October 29, 2007 4:31 PM To: 'Ryan McCaw' Subject: RE: heit subdivision vacation Ryan, Getting back to you on the review of RE-4554& RS-1133 plats for SW Chambers, here are changes to the plats: RE-4554: 1) Indicate existing access points. 2) Remove all structures (buildings, fences...)shown on the plat with the exception of wellheads and tank batteries (because the setback radius' pertain to these items. 3) The easement certificate shall be removed (a new residential access easement is not being dedicated through this plat). 4) The reference to "Lot 1, RS-1133, Resubdivision of Lupton Meadows Land Company Subdivision" shall be removed from the plat. 5) Surveyor's Certificate should match Appendix 24-F of the Weld County Code. RS-1133: 1) Indicate existing access points. 2) Surveyor's Certificate should match Appendix 24-F. It should also be noted that I see outstanding conditions of approval remaining for both of these cases: RS-1133 has this condition still remaining according to my case file: All septic systems located on the property shall have appropriate permits from the Weld County Department of Public Health & Environment. The Environmental Health Division of the Weld County Department of Public Health & Environment was unable to locate a septic permit for the property. Any existing septic system which is not currently permitted through the Weld County Department of Public Health & Environment will require an I.S.D.S. Evaluation prior to the issuance of the required septic permit. In the event the system is found to be inadequate, the system must be brought into compliance with current I.S.D.S. regulations. Written evidence that this requirement has been addressed shall be provided to the Department of Planning Services. RE-4554 has the following outstanding conditions: Lot A shall use the existing agricultural access point for residential purposes as no additional accesses shall be granted. The applicant will be required to verify that adequate site distance exists for the access point off of County Road 20.25 with the Department of Public Works. Evidence of Department of Public Works approval shall be provided to the Department of Planning Services. The applicant shall provide the Weld County Department of Planning Services with a Statement of Taxes from the Weld County Treasurer showing no delinquent taxes exist for the original parcel 10/29/2007 Page 2 of 2 These conditions must be addressed before the plats can be recorded. If you have any questions please let me know. FYI: I will be out of the office tomorrow(10/30) but will be back in Wednesday(10/31). Sincerely, Chris Gathman,AICP, Planner II Weld County Department of Planning Services 918 10th Street.Greeley,Colorado 80631 ph(970)353-6100 ext. 3540 fax (970)304-6498 From: Ryan McCaw [mailto:Ryan@CivilResources.com] Sent: Wednesday, October 17, 2007 2:02 PM To: Chris Gathman Subject: heit subdivision vacation Hi Chris, thanks for getting back to us. I'm planning on swinging by the Greeley office this afternoon to drop off the mylars. Would you also like a check with the fees or should we wait on that until after you have reviewed the plans?Thanks for your help! Ryan McCaw, M.C.P. Civil Resources, LLC 323 5th Street P.O. Box 680 Frederick, CO 80530 303.833.1416 x 208(office phone) 303.552.6569(cell phone) 303.833.2850(fax) rvan@civilresources.com www.civilresources.com No virus found in this outgoing message. Checked by AVG Free Edition. Version: 7.5.488/Virus Database:269.14.8-Release Date: 10/11/2007 12:00 AM 10/29/2007 CIVIL RESlURCES, LLC LNC,INthRs & PLANNERS October 4,2007 Weld County Planning Department 0=FICE Mr. Chris Gathman, Planner OCT tf 5 zoo? Weld County Department of Planning Services Greeley Office `'� 918 10th Street �: 0,,,1. V E D Greeley,CO 80631 RE: SW Chambers, LLC—Recorded Exemption(RE-4554) Dear Mr. Gathman: On behalf of SW Chambers, LLC,we are respectfully submitting two paper copies and a CD with a digital file(.dwg) of the RE 4554 plats for review and approval. Upon your approval,the plat will be submitted on mylar for recording. Enclosed with this letter is evidence that all conditions required to be met prior to recording the plat have been completed. 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. Noted 2. The applicant has proposed a well as the source of adequate water for Lot A. 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. Noted 3. Prior to recording the plat: A. The plat shall be titled: Recorded Exemption No. 1311-13-04 RE-4554 Please see the attached plat entitled Recorded Exemption No. 1311-13-04 RE-4554. B. Lot B shall use the existing residential/gravel operation access point as no additional accesses shall be granted. Please see the attached plat. A solid arrow depicts the existing access point for Lot B on the plat. C. Lot A shall use the existing agricultural access point for residential purposes as no additional accesses shall be granted. The applicant will be required to verify that adequate site distance exists for the access point off of County Road 20.25 with the Department of Public Works. Evidence of Department of Public Works approval shall be provided to the Department of Planning Services. Please see the attached plat. A solid arrow depicts the existing access point for Lot A on the plat. D. All approved accesses shall be clearly shown on the plat. Please see the attached plat. The solid arrows depict the approved access locations for Lots A and B. E. County Roads 20.25 and 25 are designated on the Weld County Road Classification Plan as local gravel roads,which require 60 feet of right-of-way at full build out.The applicant shall verify the existing 323 FIrn-I S-rw r • P.O. Box 680 • FREDERICK, CO 60530 • PHONE (303) B33-1416 • FAX (3031B33-2650 Mr. Chris ,2007 n Cr) 4,2007 Page 2 of 4 CIVIL RES"JURCES,LLC right-of-way and the documents creating the right-of-way. All setbacks shall be measured from the edge of future rights-of-way. If the rights-of-way cannot be verified, it shall be dedicated. This road is maintained by Weld County. Noted F. Lot A shall comply with the less than thirty-five(35)acre maximum lot size required by Section 24-8- 10.B of the Weld County Code. Net acreage calculations should not include reserved road right-of-way. Lot A is 31.047 acres in size and is therefore in compliance with this Weld County code requirement. G. The RS-1133 plat shall be recorded. The RS-1133 plat is being routed for signatures. I will submit evidence of recordation upon receipt. H. Setback radius'for existing oil and gas wells/tank batteries shall be indicated. A 150'radial setback is shown on the plats for all oil and gas wells. A 200'radial setback is shown for the associated separators, tanks and tank batteries. Please see the attached plat. I. The applicant shall provide the Weld County Department of Planning Services with a Statement of Taxes from the Weld County Treasurer showing no delinquent taxes exist for the original parcel. Please see the attached statement from the Weld County Treasurer website showing no delinquent taxes exist for the original parcel. J. The following notes shall be placed on the plat: 1) All proposed or existing structures will or do meet the minimum setback and offset requirements for the zone district in which the property is located. Pursuant to the definition of setback in the Weld County Code,the required setback is measured from the future right-of-way line. No building or structure as defined and limited to those occupancies listed as Groups A, B, E, F,H, I, M and R in Section 302.1 of the 2003 International Building Code, shall be constructed within a 200-foot radius of any tank battery or within a 150-foot radius of any wellhead. Any construction within a 200-foot radius of any tank battery or 150-foot radius of any wellhead shall require a variance from the terms of the Section 23-3-10 of the Weld County Code. 2) Any future structures or uses on site must obtain the appropriate zoning and building permits. 3) Lot A is not eligible for a future land exemption in accordance with Section 24-8-20.C.1 of the Weld County Code. 4) WARNING: LOTS MAY NOT BE BUILDABLE DUE TO FLOODPLAIN OR FLOODWAY DESIGNATION. Please be advised that owners of Lot(s)A and/or B may not be able to obtain building permits to construct non-agricultural structures. All construction or improvements occurring in the flood plain as delineated on Federal Emergency Management Agency FIRM Community Panel Map 080266 0866 C dated September 28, 1982,shall comply with the Flood Hazard Overlay District requirements of Chapter 23,Article V, Division 3 of the Weld County Code and all applicable FEMA regulations and requirements as described in 44 CFR parts 59 and 60. 5) The installation of any septic system within the 100-year flood plain shall comply with the Weld County I.S.D.S.flood plain policy. In accordance with the State of Colorado I.S.D.S. Regulations, no septic system shall be installed with in the floodway. 6) 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. 7) Prior to the release of building permits,the applicant shall submit evidence to the Department of Planning Services that Lot A has an adequate water supply of sufficient quality,quantity and dependability.The existing well on Lot B,permit number 4945 cannot be shared. Mr. Chris , 2007 n - October 4, 2007 Page 3 of 4 CIVIL RES'URCES,LLC 8) Prior to the release of building permit,the applicant shall submit evidence of approval from the Fort Lupton Fire Protection District to the Weld County Building Department. 9) Potential purchasers should be aware that Lot A 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. 10) 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. 11) 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. 12) 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. 13) The Weld County Department of Public Health and Environment requires any septic system to be abandoned and/or removed to have the tank pumped and the system abandoned according to the Weld County ISDS Regulations. 14) 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. 15) 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. 16) 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) 17) Effective August 1, 2005, Building permits issued on the subject site will be required to adhere to the fee structure of the Capital Expansion Impact Fee and the Stormwater/Drainage Impact Fee. (Ordinance 2005-8 Section 5-8-40) 18) 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. Mr. Chris ,2007 n �� October 4,2007 Page 4 of 4 CIVIL RES',URCES,LLC Section 35-3.5-102, C. R. S., provides that an agricultural operation shall not be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs methods or practices that are commonly or reasonably associated with agricultural production. Weld County covers a land area of over 4,000 square miles in size (twice the State of Delaware) with more than 3,700 miles of state and County roads outside of municipalities. The sheer magnitude of the area to be served stretches available resources. Law enforcement is based on responses to complaints more than on patrols of the county and the distances which must be traveled may delay all emergency responses, including law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must leave their jobs and families to respond to emergencies. County gravel roads, no matter how often they are bladed,will not provide the same kind of surface expected from a paved road. Snow removal priorities mean that roads from subdivisions to arterials may not be cleared for several days after a major snowstorm. Snow removal for roads within subdivisions are of the lowest priority for public works or may be the private responsibility of the homeowners. Services in rural areas, in many cases,will not be equivalent to municipal services. Rural dwellers must, by necessity, be more self-sufficient than urban dwellers. Children are exposed to different hazards in the county than in an urban or suburban setting. Farm equipment and oil field equipment, ponds and irrigation ditches,electrical power for pumps and center pivot operations,high speed traffic,sand burs, puncture vines,territorial farm dogs,and livestock present real threats to children. Controlling children's activities is important, not only for their safety,but also for the protection of the farmer's livelihood. Parents are responsible for their children. All of the notes listed above were added to the plat. Please refer to the attached plat. If you have any questions, regarding these responses please feel free to contact me at 303.833.1416 extension 203. Thank you for your assistance. Sincere) 1 CIVIL SOURCE LL I Ili Danna Ortiz,AP LEED Planner Attachments J:\SW Investment Group-123\Heil Properly\Recorded Exemption\3-Response to County Comments\cover letter.doc CIVIL RES'DURCES, LLC ENGINEERS & PLANNERS January 6,2007 Mr.Chris Gathman Weld County Department of Planning Services 918 10th Street Greeley,CO 80631 RE: SW Chambers, LLC; Recorded Exemption(RE-4554) Dear Chris: We are exploring the possibility of accessing Lot A using an existing access just to the west of the SW Chambers property which would require us to get an access easement with the Meadow Island Irrigation Company No. 1. We would use this access INSTEAD OF,not in addition to,the existing agricultural access. Please see the attached map. This western access has an existing bridge across the ditch which would allow us to access the drier northern portions of the site where building may be possible. Using the existing agricultural access to reach this same potential building area would require us to cross wet areas and build a new bridge across Little Dry Creek. It makes sense for us to use existing infrastructure if we can. Don Carroll with Weld County Public Works Department is supportive of our request to change the access. r-- - We have contacted the irrigation company and have,,Kart-tpfdrillatitshould not beya.pproblem for us to use this access since"1tt'is currentlylinformally used by multiple people However since the irrigation company is not sure that th mown the land(itis an old yailroad grade and agray'area butrshowrtas,Meadow,Island land on the Weld C¢,tnty Assessors website and a deed researched by Qur surveyor) Board meeting.will need to be called to reylew how they should proceed with our'request. This may take a,a,minimurn several weeks and possibly longer According to Weld Counts Recorded Exemption Administrative Review conditionts,, we have 6ff.days from the Commissioner's approvalto.;meet the conditions,;which is'February 11 2007 In the event that we cannot finalize our agreement with' Meadow"`Island Irrigation Company No. 1 mpg* timeframe, we request the deadline be extended by 3 months and we have enclosed the required$50'continuance fee. Thank you for your assistance. Sincerely, CIVIL R OURhhCEES,LLC l`l Danna Ortiz Planner End. C: Mark Campbell;SW Chambers, LLC Ginny Duncan, SW Chambers,LLC Robed Bruce, Lawliss&Bruce Chris Gathman,Weld County Department of Planning Services JAW/Investment Group-1231Heit Property1Recorded ExempUon\3-Response to County Comments1Carroll Ltr 1-5-07.doc 451 OAK STREET, SUITE 209 • P.O. Box 660 • FREDERICK, CO 80530 • (303) 833-1418 1 (3031 033-2650 - FAx 41; DEPARTMENT OF PLANNING SERVICES NORTH OFFICE 918 10TH Street GREELEY, CO80631 PHONE: (970) 353-61010 0, Ex t. 3540 FAX: (970) 304-6498 C. COLORADO October 20, 2006 SW Chambers LLC 333 W Hampden Ave Ste. 810 Englewood CO 80110 Subject: RE-4554 - A Recorded Exemption located on a parcel of land described as Lots, 4-6 of Lupton Meadows; Pt E2 of Section 13, T2N, R67W of the 6th P.M., Weld County, Colorado. Dear Applicant: Your recorded exemption application is being processed. If it is determined that the application meets the approval criteria of Chapter 24 of the Weld County Code, you will be notified that the recorded exemption is approved. If the staff determines that the application does not meet the approval criteria or if staff has concerns with the application, staff may elect to forward the application for review to the Board of County Commissioners. You will be notified and asked to appear before the Board of County Commissioners at a public hearing. You will be informed of the hearing date prior to the hearing. The Board of County Commissioners will then consider your application and make a final decision on the recorded exemption. It is the policy of Weld County to refer an application of this nature to any town or municipality lying within three miles of the property in question or if the property under consideration is located within the comprehensive planning area of a town or municipality. Therefore,our office has forwarded a copy of the submitted materials to the Planning Commission for their review and comments. It is recommended that you and/or a representative be in attendance at the Planning Commission meeting to answer any questions the Commission members may have with respect to your application. Please call, for further details regarding the date, time, and place of this meeting. If you have any questions concerning this matter, please call me. Sincerely, 1 Chris Gathman Planner MEMORANDUM G CIVIL RES'AURCES TO: Mark Campbell FROM: Danna Ortiz, Civil Resources DATE: 3/27/06 RE: Recorded Exemption, SW Chambers, Reit Property, Weld County We confirmed with a phone call to the Weld County Environmental Health Department that there is no septic permit for the existing house on the subject property. This is not a surprise given the age of the structure. In addition, through the development of the proposed Lot B, this septic system will be removed and any subsequent septic system will have to be permitted by the County' s Environmental Health Department 451 OAK STREET, SUITE 209 • P.O. Box 680 • FREDERICK, COLORADO 80530 • PHONE: 303.833. 1416 FAX: 303.833.2850 a:vo APPLICATION FLOW SHEET COLORADO APPLICANT: SW Chambers, LLC CASE #: RE-4554 REQUEST: Two-Lot Recorded Exemption. (In conjunction with RS-1133 LEGAL: Lots 4, 5 and 6 of Lupton Meadows Land Company Division No. 1; Part E2 13- 2-67 LOCATION: West of and adjacent to County Road 25 and north of and adjacent to County Road 20.25 PARCEL ID #: 131113001002 ACRES: +1- 101.4 acres Date By Application Received 10/13/06 Dropped Off Application Completed 10/16/06 Referrals listed 10/19/06 CG Vicinity map prepared File assembled tO -Lc- I oto l Case logged in computer Letter to applicant mailed Referrals mailed Field check by DPS staff ii/50/Oe /0 Administrative Review decision: lL/ Board of County Commissioners hearing of applicable) Date By County Commissioners Hearing Date 12/13/06 APP, )4—a_Surrounding property owners notified 1 Presentation prepared CC action: CC resolution received Date Plat recorded and filed 3 /Ot Overlay Districts Zoning Agricultural MUD Yes No_X_ IGA Yes No_X_ Airport Yes No_X_ Geologic Yes No_X_ Flood Hazard Yes_XNo Panel#080266 . RECORDED EXEMPTION (RE) APPLICATION FOR PLANNING DEPARTMENT USE DATE RECEIVED: RECEIPT/AMOUNT # _/$ _ CASE # ASSIGNED: _ APPLICATION RECEIVED BY _ PLANNER ASSIGNED: - Parcel Number 1311 - 13 - 0 - 0.1 - 002 (12 digit number - found on Tax I.D. information, obtainable at the Weld County Assessor's Office, or www.co.weid.co.us). Legal Description- LOTS 4,5 &6 LUPTON MEADOWS SUB. , Section 13, Township 2 North , Range 67 West Has the property been divided from or had divided from it any other property since August 30, 1972? Yes____ No_X_ Is this parcel of land, under consideration, the total contiguous land owned by the applicant? Yes_X_ No__ FEE OWNER (S) OF THE PROPERTY: Name: SW CHAMBERS, LLC.___M_ Work Phone # 303-534-1040 Home Phone # _N/A__ _ Email Address: mark@swinvest. com Address: 333 WEST HAMPDEN AVE., SUITE 810 City/State/Zip Code: ENGLEWOOD, CO 80110 APPLICANT OR AUTHORIZED AGENT (See Below: Authorization must accompany all applications signed by Authorized Agent) Name:SW CHAMBERS, LLC. Work Phone # 303- 534- 1040 Home Phone # _N/A _______ Email Address: mark@swinvest.com__ Address:333 WEST HAMPDEN AVE., SUITE 810 City/State/Zip Code : ENGLEWOOD, CO 80110___ Lot A Lot B Lot C Lot D Smaller Parcel Water Source New Well TSSP attached Type of Sewer ISDS See USR-1440 Proposed Use Residential Mining/Water Storage Acreage 30.7 70.7 , Exssting Dwellings? If Yes, list address If Yes, list address If Yes, list address If Yes, list address below: below:9477 WCR 25 below: below: Art ii0g. 11515 GR 29 , x; 9saq C!z a25 av If the property is vacant or unimproved write proposed water source and proposed sewer system for each parcel in the blanks above. For example, if a well and septic is proposed state: proposed well, proposed septic. I (We) request that the following described property be designated a Recorded Exemption by the Weld County Board of County Commissioners. I (We) hereby depose and state under penalties of perjury that all statements, proposals, and/or plans submitted with or contained within the application are true and correct to the best of my (our)knowledge . Signatures of all fee owners of property must sign this application. If an Authorized Agent signs, a letter of authorization from all fee owners must be included with the application. If a corporation is the fee owner, notarized evidence ust be . luded sho ing the signatory has to legal authority to sign for the corporation. SW , i LL b Chambers Management Corp . , Its Manager _ __ 10 /04 /06Signature 'es- or Authorized Agent Date Signature: Owner or Authorized Agent Date Mark D . ampbell , Manager -4- RECORDED EXEMPTION (RE) APPLICATION FOR PLANNING DEPARTMENT USE DATE RECEIVED: -� RECEIPT/AMOUNT # 1$ _ _ CASE#ASSIGNED: T _ APPLICATION RECEIVED BY PLANNER ASSIGNED: Parcel Number 1311 - 13 - 0 - 01 -002 (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- LOTS 4,5 &6 LUPTON MEADOWS SUB., Section 13, Township 2 North, Range 67 West Has the property been divided from or had divided from it any other property since August 30, 1912? Yes__No_X__ Is this parcel of land,under consideration,the total contiguous land owned by the applicant? Yes_X_ No____ FEE OWNER(S) OF THE PROPERTY: Name: SW CHAMBERS, LLC._ Work Phone#303-534-1040 Home Phone#_N/A. Email Address: mark@swinvest.com Address:333 WEST HAMPDEN AVE., SUITE 810 _ City/State/Zip Code: ENGLEWOOD, CO 80110 APPLICANT OR AUTHORIZED AGENT (See Below:Authorization must accompany all applications. gned by Authorized Agent) Name:SW CHAMBERS, LLC. Work Phone#303-534-1040_ Home Phone#_N/A__ __Email Address: mark@swinvest.com_ Address:333 WEST HAMPDEN AVE.,SUITE 810_ City/State/Zip Code : ENGLEWOOD, CO 80110 Lot A Lot B Lot C Lot D Smaller Parcel Water Source New Well TSSP attached Type of Sewer ISDS See USR-1440 Proposed Use Residential Mining/Water Storage Acreage 30.7 70.7 Existing Dwellings? If Yes, list address If Yes, list address If Yes, list address If Yes, list address below: below:9477 WCR 25 below: below: • 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 Corn missioners. I (We) hereby depose and state under penalties of perjury that all statements. proposals, and/or plans submitted with or contained within the application are true and correct to the best of my(our)knowledge. Signatures of all fee owners of property must sign this application. If an Authorized Agent signs, a letter of authorization from all fee owners must be included with the application. If a corporation is the fee owner, notarized evidence ust be ' luded sho ing the signatory has to legal authority to sign for the corporation. SW be LL b Chambers Management Corp. , Its Manager 10/09/06 Signature Ow er or Authorized Agent Date Signature: Owner or Authorized Agent Date Mark D. ampbell, Manager -4- Statement of Authority (Section 38-30-172, C.R.S.) 1. This Statement of Authority related to an entity named Chambers Management Corp. manager of SW Chambers, LLC, a Colorado limited liability company 2. The type of entity is a corporation 3. The entity is formed under the laws of Colorado 4. The mailing address of the entity is 333 West Hampden Avenue, Suite 810, Englewood, CO 80110 5. The name or position of each person authorized to execute instruments conveying, encumbering, or otherwise affecting title to real property on behalf of the entity is: Mark D. Campbell, Manager 6. The authority of the foregoing person(s) to bind the entity is limited as follows: None . 7. This Statement of Authority is executed on behalf of the entity pursuant to the provisions of 38-30-172, C.R.S. 8. This Statement of Authority amends and supersedes in all respects any prior Statement of Authority executed on behalf of the entity. Executed this 10th day of October, By: �C 2006. Name: Mark D. Ca ell Title: Manager STATE OF COLORADO ) ss. COUNTY OF ARAPAHOE ) The foregoing instrument was acknowledged before me this 10°i day of October, 2006 by Mark D. Campbell as Manager of Chambers Management C oration, a Colorado corporation. Witness my hand and official seal. 4 \ r Name: ry VigGIrI/A DurJCh�l al..........BS jN Title: to Public 9 C yet My Commission expires: 7/30/p VIRGINIA r; DUNCANo; CIVIL RES"JURCES, LLC ENGINEERS S PLANNERS October 13, 2006 Weld County Department of Planning Services 918 10th Street Greeley, CO 80631 RE: SW Chambers, LLC—Recorded Exemption Application for Heit Property Dear Planner: Enclosed please find the Recorded Exemption Application Package for SW Chambers, LLC's Heit property. The 100-acre Heit property is comprised of lots 4, 5 and 6 of the Lupton Meadows subdivision and is zoned A-Agriculture. Weld County recently approved Use by Special Review 1444 to enable the landowner to extract the aggregate from the property and construct a water storage reservoir. SW Chambers wishes to reconfigure the existing lots so that the water storage reservoir is on one 70-acre lot and the remaining ground is on one 30-acre lot. Please note, per your direction we are also submitting a Subdivision Vacation application for this property. It is my understanding through correspondence with County Attorney Bruce Barker that the Vacation and the Recorded Exemption can be processed concurrently. Please contact us immediately if you do not agree with this approach. Thank you for your assistance. Please call me if you have any questions. Sincerely, CIVIL OURCES LLC Danna Ortiz Planner 451 OAK STREET, SUITE 209 • P.O. Box 680 • FREDERICK, CO 80530 • (303) 833-1 41 6 • (303) 833-2850 - FAX SW CHAMBERS LLC—HEIT rROPERTY RECORDED EXEMPTION WELD COUNTY, COLORADO Response to Recorded Exemption Questionnaire: 1) Water Supply: a) Domestic: Water can be provided to Lot A by a new well. The State of Colorado will not issue a well permit until the subdivision lot is created. However, ample water resources exist on site,with current groundwater elevation at 4'below surface. An existing well will supply the mining operation on Lot B. The well has been repermitted and is augmented under the Temporary Substitute Supply Plan(see attached TSSP). b) Irrigation: The parcels are not currently irrigated. Lot A can be irrigated from the proposed exempt new domestic well which allows some livestock and limited outside irrigation. Lot B irrigation will comply with the requirements set forth in USR-1444(Use by Special Review Permit). 2) Sewage: Sewage disposal on Lot A will be provided by an engineered septic system designed, constructed and permitted according to Weld County ISDS requirements. The existing septic system on Lot B will be removed during mining operations. Lot B sewage treatment will comply with USR-1444. 3) Description of Use: This property is located in the agricultural zone district, but is not currently being farmed. The parcels currently have one(1)residence, (1)barn,one(1)shed and fences. There are also two Kerr-McGee oil/gas wells, one located in the northeast corner of the property and one near the west property line. 4) Description of Lots: The property is currently subdivided into roughly three parcels of equal area, Lots 4, 5,6 of Lupton Meadows, Subdivision 1, which comprise a total area of approximately 101.4-acres. The purpose of this Recorded Exemption is to reconfigure the lots so that the mining operation is on one lot. Due to County regulatory requirements, the proposed Recorded Exemption would reduce the number of lots from three to two. The two parcels are shown as Lot A, 30.7-acres which is the western 1/3 of the existing parcels,and Lot B, 70.7-acres which is the eastem 2/3 of the existing parcels(see attached Figure 1). Lot A will probably be sold for use as a rural residential property. Lot B will be used for sand and gravel mining as permitted with future use as a water storage reservoir. 5) Unique Physical Characteristics: Little Dry Creek and Meadow Island Ditch No.1 run through the western side of the site(future Lot A). 6) Building Envelope: No building envelopes are requested. 7) Use by Special Review: Lot A will not have a Use by Special Review Permit. The future Lot B has been granted USR-1444 for a future gravel mining operation. March 31, 2006 1 Civil Resources, LLC STATE OF COLORADO OFFICE OF THE STATE ENGINEER Division of Water Resources « , pp cod Department of Natural Resources r_ .. :. m 1313 Sherman Street,Room 818 * G7 ; * Denver,Colorado 80203 rS <A. . M •_ .. .• _ Phone(303)866-3581 _ 4'Ina FAX(303)866-3589 • '�' ' wvnv.waterstate.co.us December 21, 2004 G veemorrs Russell George Executive Director Hal D.Simpson,P.E. Mr. Andrew Rodriguez State Engineer Civil Resources, LLC. 451 Oak Street, Suite 209 Frederick, CO 80530 Re: Heit Sand and Gravel Mine, Substitute Water Supply Plan DMG File No. M-03-016 Section 13, T2N, R67W, 6th P.M. -- Water Division 1, Water District 2, Weld County _ Dear Mr. Rodriquez: This letter is in response to the application submitted in August of 2003 requesting a substitute water supply plan (SWSP)for a sand and gravel pit to be operated by S.W. Meadows, LLC ("Applicant") in accordance with Section §37-90-137(11), C.R.S. Additional information for the plan was submitted November 24, 2004. The Applicant shall be responsible for compliance with this plan,but the State Engineer's Office may also pursue the landowner for eventual compliance: The required fee of$1,343 for the substitute water supply plan has been paid. The anticipated net annual depletions for this,plan is 46.3 acre-feet for operation at a site with up to 4.8 acres of water surface exposed after December 31,1980. You have provided a monthly breakdown of the annual depletions at this site. Annually, these are made up of 14.2 acre-feet of evaporative loss from 4.8 acres of water surface exposed after December 31,1980, 14.7 acre-feet of water lost with 500,000 tons mined product, 15.5 acre-feet consumed by batching 150,000 cubic-yards of concrete and 1.9 acre-feet used for dust suppression. According to the plan, a slurry wall will be constructed around the perimeter of the site to hydraulically disconnect the mine from the surrounding groundwater system. Once the slurry wall is constructed the site will be dewatered and the area will be dry mined: For purposes of this SWSP it is conservatively assumed that the slurry wall will be ineffective. Therefore, depletions • accruing to.the South Platte River will be replaced as if the slurry wall did not exist. According to the_ plan, an existing well;permit no. 20136-R, will occasionally be used for dust suppression and concrete batching. The maximum monthly amount that will be pumped from the well will not exceed the values specified in attached Table 2. Mr. Andrew Rodriguez December 21, 2004 Page 2 The proposed source of replacement water for this pit is 56.1 acre-feet of fully •r;;, consumable effluent leased from the City of Thornton. The Thornton water will be released from the Metro Wastewater Treatment plant,which is located approximately 35 mile upstream of the operation.Of the 56.1 acre-feet of lease water from the City of Thornton, approximately 8.1 acre- feet will cover transit losses (17.5% total based on 0.5% per mile for the 35 miles from the Metro wastewater treatment plant to the Heit Sand.and Gravel Mine). The amount of City of Thornton replacement water that reaches the Heit Sand and Gravel Mine is 48.0 acre-feet. The monthly depletions and replacement requirements are found on the attached Table 3. As required by Section 8 of Senate Bill 89-120, this substitute water supply plan has been provided to an outside consultant for review. I hereby approve the proposed substitute water supply plan in accordance with §37-90-137(11), C.R.S., subject to the following conditions: 1. This plan approval shall be valid through March 31, 2006, unless otherwise ----- revoked or modified. If this plan will not be made absolute by a water court action by the plan's expiration date, a renewal request must be submitted to this office with the statutory fee (currently$217) by February 1, 2006. 2. A well permit must be obtained for the gravel pit in accordance with §37-90-137(2) and (11), C-R.S. prior to the exposure or use of groundwater. A well permit must. also be obtained for well no. 20136-R in accordance with §37-90-137(2), C.R.S. to change the use of the well to dust suppression and concrete batching prior to commencing such uses. Any application will be evaluated subsequent to approval of this plan. The provisions of§37-90-137(2) C.R.S. prohibit the issuance of a permit for a well to be located within 600 feet of any existing well, unless the State Engineer finds that circumstances so warrant after a hearing held in accordance with the procedural rules in 2CCR402-5. This hearing may be waived if you are able to obtain statements from the owners of all wells within 600 feet, verifying that , they have no objection to your use of the proposed well. Should a new well permit be denied,for reasons of 600 foot spacing, or any other legitimate reason, approval of this substitute supply plan will be cancelled.—. 3. The losses associated with this mining operation must not exceed a total of 46.3 acre-feet for the duration of this permit approval. These losses include 14.2 acre- feet of evaporation from the proposed exposure of 4.8 acres of groundwater, 14.7 acre-feet of water lost in 500,000 tons of mined aggregate, 15.5 acre-feet consumed in batching of 150,000 cubic yards of concrete and 1.9 acre-feet used for dust suppression. Should the annual losses at the site exceed 4.31 acre-feet prior to the expiration of this plan, an amendment will need to be filed. . 4. A copy of the signed City of Thornton lease shall be submitted to the Division Engineer and State Engineer's Office prior to exposing ground water at the site. • "` 5. Approval of this plan is for the purposes as stated herein. Any additional uses of this water must first be approved by this office. 2 Mr. Andrew Rodriguez December 21, 2004 Page 3 6. The Water Commissioner responsible for the administration of this plan is Mr. Robert Stahl, 9378 WCR 25, Fort Lupton, CO 80621, phone no. (303) 857-0742. The applicant shall maintain daily records of all diversions, replacements,and the amount of water used for each particular purpose. The applicant shall provide a report of these records to the Division Engineer and the Water Commissioner on a monthly basis on a form approved,by them. The accounting must be submitted within five (5) calendar days of the end of the month for which the accounting is being made. In addition, the applicant shall submit a report from the entity making replacement; for this plan that entity is the City of Thornton.The report shall include an - accounting of all of the'Denver Metro wastewater plant water effluent controlled by Thornton, showing the total volume of water under its control and the amount committed to each off the recipients of the water. (The applicant and Thornton shall coordinate the implementation of this accounting with the Division Engineer. This condition will become effective 90 days after the above date of plan approval.) 7. The name, address, and phone number of a contact person who will be responsible for the operation and accounting of this plan must be provided on the accounting forms to the Division Engineer and Water Commissioner. 8. Dewatering at this site will produce delayed depletions to the stream system. As long as the pit is continuously dewatered, the water returned to the stream system should be adequate to offset the depletions. However, once dewatering at the site ceases the delayed depletions must be addressed. At least three years prior to completion of dewatering, a plan must be submitted that specifies how the post pumping dewatering depletions will be replaced, in time, place and amount. 9. The approval of this substitute water supply plan does not relieve the Applicant ._ and/or the landowner of the requirement to obtain a Water Court decree approving a permanent plan for augmentation or mitigation to ensure the permanent replacement of all depletions, including long-term evaporation losses and lagged depletions after gravel mining operations have ceased. If reclamation of the mine site will produce a permanent water surface exposing groundwater to evaporation, an application for a plan for augmentation-must be filed with the Division 1 Water Court at least three (3)years prior to the completion of mining, to include, but not be limited to, long-term evaporation.losses and lagged depletions. If a lined pond results after reclamation, replacement of lagged depletions from mining and dewatering shall continue until there is no longer an effect on stream flow. 10. This substitute water supply plan may be revoked or modified at any time should it • be determined that injury to other vested water rights has or will occur as a result of this plan. Mr. Andrew Rodriguez December 21, 2004 Page 4 11. Should this substitute water supply plan expire without renewal or be revoked prior to adjudication of a permanent plan for augmentation, all excavation of product from below the water table, and all other use of water at the pit, must cease immediately. 12. In accordance with amendments to §25-8-202(7), C.R.S., and "Senate Bill 89-181 Rules and Regulations" adopted on February 4, 1992, the State Engineer shall determine if this substitute water supply plan is of a quality to meet requirements of use to which the senior appropriation receiving the substitute supply has normally been put. As such, water quality data or analyses may be requested at any time to determine if the requirement of use of the senior appropriator is met. 13. The decision of the State Engineer shall have no precedential or evidentiary force, shall not create any presumptions, shift the burden of proof, or serve as a defense in any water court case or any other legal action that may be initiated concerning the substitute water supply plan. This decision shall not bind the State Engineer to act in a similar manner in any other applications involving other plans or in any proposed renewal of this plan, and shall not imply concurrence with any findings of fact or conclusions of law contained herein, or with the engineering methodologies used by the Applicant. Please contact Joanna Williams in Denver at(303) 866-3581, or Scott Cuthbertson in Greeley at (970) 352-8712, if you have any questions concerning this approval. Sincerely,SD- ick Wolfe, P.E. ...,:.:... . ., . Chief of Water Supply Attachments . , DW/JMW cc: Scott Cuthbertson, Assistant Division Engineer Robert Stahl, Water Commissioner, District 2 Mark McLean, Tetra Tech RMC, Inc. 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J J LV Cei.N ni Cei v .r vi v v m 0i v a m o a n 9 J O..J CN N N N CV N c ti f7 m CV tV - {y 1 U . tit o 11111 .- � EEcg • -g g V W = O W n n r m o CD t tro. CO CD CO O .... J a J CJ CJ C7'O J W t M � no M 'CC 2 � , < o OO z o � a + ^ t8(01,14C __\p, Form No: COLORADO Dlb )N•OF WATER RESOURCES For Office Use only 0 GWS-27 DEPARTMENT OF NATURAL RESOURCES 6/2003 1313 Sherman Si,Rm 818,Denver, Colorado 80203 RECEIVED Phone:(303)866-3581 REVIEW INSTRUCTIONS PRIOR TO COMPLETING FORM SEP 1 0 2003 GRAVEL PIT WELL PERMIT APPLICATION 'na l Em RESOURCES 1 TYPE OF PERMIT STATE ENGINEER coop. EW PIT(S) PREVIOUSLY RECEIVED ON 0-e2 0 -03 PIT(S) EXIST, CONSTRUCTED AFTER DEC.31, 1980 FOR NEW FEE SCHEDULE. 2. APPLICANT INFORMATION NAME(S) € U Virlta; S Lt.& Mailing Address 333 . 1.4). ``'Iiigyyr'p� 'e SO City, St. Zip 2)1 y/et<( rA e d no - Phone ( CO3 ) S3 4- lo4-o 3. CONSULTANT/ATTORNEY/OPERATOR CONTACT(If different than#2) _ NAME(S) Uw/] S f� ottAxec (LL PIT NAME 1 1& ?t Mailing Address 157 Or& Cis ` e, 2 j ' P)QOX 6,80 City, SL Zip tyrit2LGe./c (1.0530 DMG NO. /44 -.OS - (�(6 Phone( Obi ) ./2,3 /4-16 4. GENERAL LOCATION OF PIT(S): COUNTY ciJela[ ,(/ _ - 1\ 1/4' fa- 1/4,.Sec. (3 Twp. 2 N. S.,Range !',7 -❑E. El W. O1' P.M. 5. Estimated maximum water surface to be exposed: At ES. Acres. Number of Pits 2 S. Estimated depth of pit(s)10`— 2:e FL. Estimated depth to groundwater ail-261 Ft. 7. Estimated date to expose groundwater pyl(:P, (2, atel,( • ;to complete miningS-10 &An_ • 8: ATTACHMENTS: (Check which have been attached.) (a) Scaled map of pit areawith range,township, &section clearly identified(REQUIRED). (b) ❑Copy of the reclamation permit if applicable. (c) Copy of pre 1/15/89 water conservancy dist.or water user assoc. augmentation agreement, if applicable: (d) Copy of proposed substitute water plan or augmentation plan application,if applicable. (e) II li Copy of court approved augmentation plan, if applicable. Case No. (f) Other • 9. Detailed description of any use, other than evaporation, and method of diversion rate of diversion, and annual amount of diversion of an w ter withdrawn from the pond. " An arrt Pabyhn mist> °�cih Chic c / (mo� t t/4kPM✓l a 10. i(we)have read the statements made herein and know the contents thereof, and that they are true to my(our) knowledge. [Pursuant to Section 24-4-104 (13)(a)C.R.S., the making of false statements herein constitutes perjury in the second degree and is punishable as a class 1 misdemeanor.] Name/Title (Please type or print) Sign tur Date kat \ tC-O('AQuin t �: -only U 8/iS/WO3 Invoice # 515143 9naite83 -- 15: Cashier ID: 01 $488.80 Court Case No. Div. I Co. , WD Check Purchase- E Basin MD Use Form No. OFFICE OF THE STATE ENGINEER GWS-25 COLORADO DIVISION OF WATER RESOURCES 818 Centennial Bldg.,1313 Sherman St.,Denver,Colorado 80203 (303)866-3581 AUTH WELL PERMIT NUMBER 62970 -F APPLICANT DIV. 1 WD2 DES.BASIN MD APPROVED WELL LOCATION WELD COUNTY 1/4 1/4 Section 13 SW MEADOWS LLC Township 2 N Range 67 W Sixth P.M. 333 W HAMPDEN AVE STE 810 DISTANCES FROM SECTION LINES ENGLEWOOD,CO 80110- Ft.from Section Line Ft.from Section Line (303)534-1040 UTM COORDINATES(Meters,Zone:13,NAD83) PERMIT TO EXPOSE WATER IN A PIT Easting: Northing: ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDITIONS OF APPROVAL 1) This well shall be used In such a way as to cause no material Injury to existing water rights. The issuance of this permit does not assure the applicant that no Injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief In a civil court action 2) The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2,unless approval of a variance has been gra tedbytheSlate-aoardef ewminers-of Water Well-6enstreetiertand Pump-Installation Contractors-In aaeor4anee wlgf Rule 1&. 3) Approved pursuant to CRS 37-90-137(2)and(11)for the construction and operation of a well(gravel pit)In accordance with the temporary substitute water supply plan approved by the State Engineer on December 31,2004,for the Halt Sand and Gravel Mine,Division of Minerals &Geology Permit Number M-03-016. The well(pond)shall not be operated unless It Is Included In a substitute water supply plan approved by the State Engineer or a plan for augmentation approved by the Water Court. The water supply plan for this pit is currently valid through March 31,2006 and If it Is not extended or if a court decree is not entered fora plan for augmentation,this well permit Is null and void and diversion of ground water from this well must cease Immediately. 4) The average annual amount of ground water to be appropriated shall not exceed 46.3 acre-feet with the total surface area of the proposed ground water pond limited to 4.8 acres. 5) The use of ground water,In addition to dewatering,is limited to 14.2 acre-feet of evaporative loss,1.9 acre-feet of water used for dust suppression,14.7 acre-feet of water lost with 500,000 tons of mined product and 15.5 acre-feet for concrete batching. No other use of water Is allowed unless a permit therefor Is approved. 6) The owner shall mark the well(pond).In a conspicuous place with well permit number(s)and court case number(s)as appropriate. The owner shall take necessary means and precautions to preserve these markings. 7) Pursuant to Policy 2000-4(as amended October 1,2002)of the State Board of Examiners of Water Well Construction and Pump Installation Contractors(Board),the minimum construction standards In Rule 10 of the Water Well Construction Rules shall be waived for gravel pit wells exreptRule.lolandltssubsecttons121.2,-14J4.WAS endRule19.2.aid tts_suksadWB1 ,2,1.The°wharo[thegravelpll_shall_take necessary means and precautions to prevent contaminants from entering the gravel pit well. 8) Pursuant to Policy 2000-4(as amended October 1,2002)of the Board,the disinfection standards of Rule 15 of the Water Well Construction Rules shall be waived and the water well construction report requirement of Rule 17 shall be waived,except compliance with Rules 17.1.4, 17.3 and 17.4 is required 9) The boundaries of the gravel pit pond shall be more than 600 feet from any existing well constructed In the same source,that is not owned by the applicant,except for the wells for which 600-foot spacing notice was sent on June 15,2005. 10) Pursuant to Policy 2000-4(as amended October 1,2002)of the Board,no pumping equipment shall be installed In the gravel pit well to withdraw water for any beneficial use,unless a separate written request for a variance has been approved by the Board. 11) This well Is subject to administration by the DMslon Engineer In accordance with applicable decrees,statutes,rules,and regulations. .1M4) 7/z(olo5 APPROVED J� JMW 4 r • State Engineer 214 " Receipt No.0515143 DATE ISSUED 07-26-2005 EXP TION DATE 07-26-2006 Form No. OFFICE OF THE STATE ENGINEER GWS-25 COLORADO DIVISION OF WATER RESOURCES 818 Centennial Bldg.,1313 Sherman St.,Denver,Colorado 80203 (303)866-3581 EXIST WELL PERMIT NUMBER 62972 -F APPLICANT VEt DIV. 1 WD2 DES. BASIN MD tEcEI AUG 4 20()5 APPROVED WELL LOCATION BY: • WELD COUNTY NE 1/4 SE 1/4 Section 13 SW MEADOWS LLC Township 2 N Range 67 W Sixth P.M. 333 WEST HAMPDEN AVE SUITE 810 DISTANCES FROM SECTION LINES ENGLEWOOD, CO 80110- 1985 Ft.from South Section Line 618 Ft.from East Section Line (303)534-1040 UTM COORDINATES(Meters,Zone:13,NAD831 CHANGE/EXPANSION OF USE OF AN EXISTING WELL Easting: Northing: ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDITIONS OF APPROVAL • 1) This well shall be used In such a way as to cause no material Injury to existing water rights. The Issuance of this permit does not ensure that no Injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief In a civil court action. . 2) The Go3structten of ibis well shall he In compliance with the Water Well Construction Rules 2 CCR 402-2,unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors In accordance with Rule 18. 3) Approved pursuant to CRS 37-90-137(2)on the condition that this well is operated in accordance with the Heit Sand and Gravel substitute water supply plan approved by the State Engineer on December 21,2004. This well shall not be operated unless It is included in a substitute water supply plan approved by the State Engineer or a plan for augmentation approved by the water court. The subject water supply plan is currently valid through March 31,2006,and If not extended or if a court approved plan fide augrtienfaflon is riot in operation,diversion of grouhawaterfrom ets mama cease immediately. 4) Approved for the expanded use of an existing well registered under well no.20136-R. The well may operate under both well permit no.20136-R and this well permit kr tak 5) The use of ground water from this well,under this well permit,is restricted to dust suppression,product washing and concrete botching 6) The pumping rate of this well shall not exceed 25 GPM. 7) The annual amount of ground water to be appropriated shall not exceed 32 0 acre-feet. 8) The owner shall tiiark the well in a conspicuous place withwett'permtt number(s),name of me aquifer,and court case number(s)as appropriate. The owner shall take necessary means and precautions to preserve these markings. 9) A totalizing flow meter must be Installed on this well and maintained in good working order. Permanent records of all ' diversions must be maintained by the well owner(recorded at least annually)and submitted to the Division Engineer upon request 10) This well shall be at least 800 feet from any existing well,completed in the same aquifer,that Is not owned by the applicant,except for the well for which 600-foot spacing notice was sent on June 15,2005. 11) Thls well shall be not more than 200 feet from the location specified on this permit. • 12) This well Is subject to administration by the Division Engineer in accordance with applicable decrees,statutes,rules,and regulations. .1).(CJ 7121elo4' I APPROVED T r JMW �.P 2 - fiM ...f..�.. 1. I s%i State Engineer !f a Receipt No.0539008 DATE ISSUED 07-26-2005 EXPI- 'TION DATE MA Form No. GWS-2 6/2004 'STATE OF COLORADO NON-EXEMPT DIVISION OF WATER RESOURCES OFFICE OF THE STATE ENGINEER 821 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203 (303) 866-3581 Fax(303) 866-3589 WELL PERMIT INFORMATION, PERMITS APPROVED PURSUANT TO CRS 37-90-137(2) Carefully read the conditions of approval on your well permit. The conditions and the information on this information sheet must be compliedwithin order for the permit to remain valid. THE ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT The well permit number Is located In the upper right comer of the_permit,and the expiration date is located III tiie tower rightcomer. THE. WELL PERMIT EXPIRATION DATE iS ONE YEAR FROM THE DATE ISSUED. Evidence of well construction and pump Installation must be received on appropriate forms ERIOR TO THE EXPIRATION DATE OF THE PERMIT. The required forms are the Well Construction and Test Report(Form No. GWS-31), and the Pump installation and Test Report (Form.No. GWS-32). There are penalties if evidence of well • construction and pump installation is not received prior to the expiration date. The licensed contractor or well owner (under the private driller or pump installer statutes and rules) performing the work Is responsible for completing the appropriate form(s)and submitting it to the Division of Water Resources. • The expiration date of the permit may be extended one time.only for a period'not to exceed one year for good cause shown, at the discretion of the State Engineer. If an extension of time is necessaryto construct•tt)e w II nd or i stall u e ul ment the ow er us file a written re uest r the a en ion to a 200 filin fee. e e uest and fee ust be received the State En sneer rior to the a ratio d te. The request must state.why the well has not been constructed and/or pumping equipment installed, and must include an • estimate of time required to construct the well.and/or install pumping equipment . Water well construction and pump installation contractors are licensed in Colorado to perform these specialized tasks. It is Illegal for Individuals who do not.hold these licenses to construct wells and Install pumping equipment In or on wells. The well must be constructed and pumping equipment installed by contractors with current licenses) issued by the State of Colorado unless exempted as described on the reverse side. Additional Information regarding well construction, pump installation, required testing and well plugging and sealing regulations are found on the reverse side of this sheet. You have been provided with at least one copy of the well permit. Keep a copy for your records. At least one copy has been sent to the well driller if you indicated a drilier license number on the application. You may make additional copies for the well driller if you select one different from the one indicated in your application. The original permit is on file in our Denver office Records Section. Copies may be obtained for a fee of 5l)cents per page. Statutes require that any change of mailing address or ownership be reported to the State Engineer. Use Form No. GWS-11. There Is no filing fee. If you have questions, contact the Denver Office, or the Division Office in the area where your well is located. Division 1 Division 2 Division 3 810 9s St,Sts;200 310 E.Abrlen'do Ave Ste B Division 4 Greeley,CO 80631 Pueblo,CO 81004 Ala Murphy Drive 1871 Montrose,CO8 St. (970)352-8712 (719)542-3368 (719)589-6683 a, 86CO 81101 49 62 81402 Fax 970 391.1816 Fax 19 544-0800 Fak 7189 589- Fax 9 49-Faic 719 589-8885 Fax 970 249-8728 Division 5 Division 6 Direct mall to Box 396 Direct mall to Box 773450 Division 7 Denver Office Sharman Glenwood Spgs CO 81602 505 Anglers Dr.Suite lot 701 Camino Del Rio 1313 Sherman St.Rm.818 50633 U.S.Hwy 8&24 Steamboat Spgs,CO 80477 Ste.205 Denver,CO 80203 Glenwood Spgs.,Co 91601 (970)879.0272 Durango,CO 81301 (303)866-3581 (970)945-5665 Fax(970)879-1070 (970)247-1845 Fax(393)866-3589 Fax 970 945-8741 Call First Fax(970)259-0944 WELL CONSTRUCTION AND PUMP INSTALLATION BY THE WELL OWNER You may construct the well and/or install pumping equipment yourself if the well is for your own use, Is on property you own, and is constructed or pumping equipment is installed with equipment owned and operated by you, and provided you have passed a required examination as prescribed by the State Board of Examiners of Water Well Construction and Pump Installation Contractors ("Board'). it is y.pg responsibility to complete and submit the Well Construction and Test Report (Form No. GWS-31) and/or the Pump Installation and Test Report(Form No. GWS-32). These forms are available from our website at the following link: http://www.water.state.co.us/pubs/Wellforms.asp, or from any Division of Water Resources office. The well must be constructed and the pumping equipment installed In accordance with the well construction standards of the-Board. The WATER WELL CONSTRUCTION RULES and BOARD OF EXAMINERS RULES can be obtained from our website at the following link: http://www.water.state.co,us/pubs/rule reg.asr, or purchased from any Division of Water Resources office for a small fee. These Rules cover the minimum requirements for well coristFu ibn, pump installation, disinfection, plugging and sealing and-contractor licensing regulatio_ns. If you are constructing your own well or Installing pumping equipment, it is recommended that you obtain a ' copy of these Rules for reference. The well construction and.pump installation reports including testing of well yields and pumping systems • must be submitted to the office.of the State Engineer by the respective contractors within sixty(60)days of • completion of the work or prior.to the expiration date of the permit,whichever is earlier. Your contractor(s) must provide you with a copy of the work report(s)filed with the State Engineer. RULE 12 WELL TESTING ' - 1 . • 12.1 Genbral- The provisions of this rule establish hiinimum.Standards for the testing of water wells. Every well constructed for the purpose of producing ground waterehali be tested to determine: a. a stabilized yield for the Well;and' ' b. • the production rate of the equipment installed when the well is placed into service. • .12.2 Well Yield test-The yield of a well shall• 'be deteniiined,as a stabilized production rate where the withdrawal rate and the drawdown do not chahge by more than 10 %o during the last hour of the test. The test shall demonstrate that either.. ' • - • • • - a. • the well is capable of producing the per fitted pumping rate for the well;or b. that the maximum yield of the well fs less than the permitted production rate. 12.3 Responsibility for Welt Yield Test - Well construction contractors are responsible for performing the well yield test and submitting the test data to the State Engineer. If the construction contractor also Installs the production equipment, the well yield test may be combined with the production equipment test, provided that the test meets the requirements of Rule 12.2. The construction contractor may forgo the well yield test if he can show that a licensed pump installer will perform the well yield test with the permanent production equipment within thirty(30)days of completion of construction of the well. If the pump Installation contractor performs the well yield test, he/she shall submit the test information on the Pump Installation and Test Report. 12.4 Production Equipment Test - The production equipment Installed In wells shall be tested to ensure it is functioning as designed. The test shall demonstrate the production capacity of the equipment as actually installed in the well. It is the responsibility of the person Installing the pumping system to ensure that the production from the well complies with the conditions of the permit. 12.5 Responsibility for Production Equipment Test- Pump installation contractors are responsible for testing the production equipment installed in a well upon completion of their work. If the well construction contractor determined the welt yield and submitted a report, the pump Installer need not perform another well yield test. If the pump Installer does not perform a well yield test with the permanent production equipment, he shall perform a production equipment test and report the data (results) to the State Engineer on the Pump Installation and Test Report. Wells to be plugged. and sealed must be plugged in accordance with of the Water Well Construction Rules. A Well Abandonment Report, Form No. GWS-9 must be submitted to confirm plugging and sealing of the well. This form Is available from our website at the following link: htto://www.waterstate.co.us/pubs/weitforrns.aso, or from any Division of Water Resources office. The specific rules'for plugging and sealing wells are found on the reverse side of the Well Abandonment Report form, or under Rule 16 of the Water Well Construction Rules. Send to: Division of Water Resources Fax: 303-866-3589 1313 Sherman Street, Room 818 Phone: 303-866-3581 Denver, Colorado 80203 * OWNER'S NOTICE OF CONSTRUCTED WELL X Construction of my well tuidei"er, -, was "knit t•�< a* atiT .. .. a "e: completed on 1A _ • ay, :, erlth) (day) (year)' .. The well* Strutted by:• • xeyri ((fling contractdr If the ?- ull�mg ehul�ment��ias been i.�st^alled:.....:.. �.� s T. } s e The pintas well by: ' ,'` ., (bump,¢ontaCtdn" on `4'. : /41 , (twit) • (day) ' (fit 0. . t' `35' i � t Signet ; +r e, ' e _ qlVIP4 ., ?. - ••��]y.�• ; ^V4 • Date: The well must be constructed and pump installed by licensed water well construction and pump installation contractors, OR PLEASE BE ADVISED that, pursuant to section 37-91-106(3), C.R.S. (2003), any person who intends to construct his/her own well or to install pumping equipment in a well as a "private driller" or "private pump installer" shall be required to comply with minimum construction standards adopted by the Board of Examiners of Water Well Construction and Pump Installation Contractors. (See Construction Rules, 2 CCR 402-2.) ... .. .. ..... ...... ..... ... .. .,, .., ....vvrv.v ovowsui[i 1-000 r.uc,u4 r-tlVW 911ft SAUD IV, S. � - (IlewS 81/Eb) ^, STATE OF COLORADO ME R O E DIVISION OF WATER RESOURCES MAR 161966 OFFICE OF THE STATE ENGINEER, GROUND WATER SECTION alIOWID WATER SECT REGISTRATION NQ,2d/36OF WELL tall EIIGINF'f Reglefrant Ogpner Si Ana Reit Date 12/22 1S 64 P.O. Addr,sa $t. I. Fqr Lupton , Colo. WELL LOCATION e ZWELL Depth sp; ft. Diameter County d eter 66 in. e Casing _aft. Plain; 14 tt. Petdor. ' ' Section13 iZ N Trap. 2N. Rge. el: . PM Static Watt p Level 10 ft. from top Yte14_1Q5QSpm)(cfa) tram 46 ft. N Used for Irrigation on/at I S . N* lea 13 twp2 4 Pay( I -h--- seacrlptton or la orate) I I Water conveyed kcal slat B" W 4 E B Type,,, fe & Rturldyne 10" J. F.H. bowl due atb],y 1 i Drlvan by_tleotria 101pItozzliereepM.- 1 1( Well was itrst used April 2?. i s forazgastiogt using 1000 gyro WELL TO RE LOCATED AS ACCUR- WIT= A ATELY eidened aonnd April 15, 1014 to SHALL sgquA�RE�WHICH REPRESENTS visage mod 40 ACRES; OR IF IN A TOWN OR 1.525:—Ita a= n! na d rod a.p1ai4s a}S) S BDNLSION PILL IN THZ FOLLOW- LOG mom) BE GflrW3/404411111111210 ... .._ SIDE IV AVAILABLE Town or Subdivision Street address or Lot and Block The above well Sra) (Ira"tot) been filed on In the Office of the State Engineer. If ao give NIA: No. 20136 . A 810.00 Yung fee must accompany We form. The above Rtate eenta.are.tr$aunite e.-tha best of my knowledge and.belief. Fidlertbed:4.47rn before tae t}I/a �( — ,�tYI9��: ,'D -mycommissionh C RIIIHIM wire ken 5.s .�°.praytten. 7Y"Wa Reglaisant (SHOE) 7i'il-„.._ ` /..4 s FOR BT 1t INtt to USE - 1 , Lased le /—a,- -•alatrtttl;-�+-�� Cs*ty for---4 ,,4„fr,ten V b Urfa a Ifs. ` In /-- ! _ .. .. .. ...._. _........ .. .....-.. ........... I-VY• r.WWI r•W O1 7 .:.S`. ♦ +ry GX;S ,1 :'FC+'ni E (Rev. STATE 0P COLORADO a .,.f...�p t9-s _ i DIVISION OP WATER RESOURCES Lb�+�- . �I1 ► -• ✓ OFFICE OP THE STATE ENGINEERAUG l ry fir-. .st. GROUND WATER SECTION 17 IBM pl+lp 'ss" LOG AND IIISlaiiikLAdyle Caskt ------e PEAMLT 1`1't' Siglifialla Holden Ae Holden Lie. Drilled hy No. k _ WELL LOCATION 44„ 'Owner Ca/par HaIt Weld County jr .•.C;.«.•..� .. Address&snts. 1 Ft. Tupton. n1flreda g$ t of SS ;of fleet. 13 Tenant Twp. 2N . Age. 67W 6 PM /Used for_ Dotnestto LOCATE WELL ACCURATELY IN TUE SMALL SQUARES REP- on or by_ Same PRESENTING 3e ACRES description 17 of site or land) Start 1941 N I I ' Date Completed Aug. 17"".'"""'r . i .-' . 1 1 1 Date Teatrd Ana. 17 , US ma 11. I._-- 1 AYteld_JIS epm efs W E Pump type Submaraibio Outlet Size 1" 1 1 I Driven by 1/3 RP RPM 'Depth to hater ll-' Pt. DrsW'dcwirent . ' Depth to blot ___,,,,Ft.; Bowl Ft. S Size and Iliad of Casing; U the above is not applicable till in: rrom+,,,,Q o fat 7ypaag _Wt., . From is Type_• • VV5.,,,_,_ 'town or Subdivision From to tCYpe-____ G_t' ►' . Street Address or Lot & Block Pertoratieaa: Bite and Type - From1q_tn e& Type a ran , Ground elevation (if known) From to Type Size Row Drilled: From to Type Size tioh■n Y Well dews tptlolt: Tppi +pit• . REMARKS <.:; �[:ot :.;.EB a Q Tto Ceaunttug, Paektng, Type of Holef1re1 t___,..1...._to______„,. Win, tt. Depth to 81u1t-ott, etC. Dbar.f PUT L OP WELL ON ME- t1ro14,,._„_to lP£R aysl Packed 'L ItfE OUT QUADRUPLICATE: Or native and Duplicate Green to State Bngiaeer'a Office, Mk copy to totter, a Yellow copy to sr yr •nv.. vnrv.vu we nn.an nwvvnvly I"OY0 r u./V1 r-OVO .......... /•1 1. LOG OF WELL (ADD.SPACES AB NEEDED) prom 0 ft. to It tt.Top aoil , 3 rt. to 26 ft.Gravel 26 ft.'to 33 ;t.$halO • 33 -.-Kr to F tt.0oal _ ft, to ic? tt.E►,}lt.., . . ': Form C(Rev.) STATE OF COLORADO it 1St�l5Ut`IL��.-On/4M APPLICATION ER FOR Wit of GROUND WATER WRIT GI se Indelible Pencil or Twin-vital AUG 15 1951 era Appltcant Q jsner Rat _ LOCATION OF '9P Z' County Wald Ns P.O. Address t, j, t. Jiutptolt.. Colorado Quantity appltad for 44 hpip 12-....,,.....-; —P—a* .} Sect-13_—_, 2 N Twp. . _ AT Etorage ASe•b7 W 6 P.M. O.4 Used tor Dgp,uatis _ Purposes on/at Street Address or Lot A Bloat No. Wit tettion of land agt F Totea or Sitbdtviaton Total acreage Irrigated and other rte. T3Ip "14.0P WELL N Rola Grua �• to n.EL n�w•...rrwr... t , T I 1 ca ist Plaij+ la. fssm�_t�a ft. `� '• .r'• locate Pert.an. f Q ��..ht• in $ I E 40 sere PUMP '! �o iotlet ) I its square DATA: Typc.3abstbrsibls.IIF, slue la ' _ JI _ f_ _ am�r ---1"-- as possible, Iiae Whittier' date Arsrretet 19. iB t t Wee Stipples ental pages for ate'. - I !}25.00 tee required for Industrial, p Commeralal or Irrigation uses. 310. 9495 Applicant Claps? Reit Agent or »ATE_ AUG 151861 IS Driltef Holden A ttpld$n No._1__,_ Address Radom, Colorado NOTE—SATISEACTORY COMPLETION REQUIRED FOE APPROVAL OF APPLICATION RSZAIVC TEMPORARY SUBSTITUTE SUPPLY PLAN FOR THE HEIT SAND & GRAVEL MINE DMG M-i ^ A , r • 11 II C. . - . , G epared n. Mead • e., Suite 810 •ewood, CO 801 Prepared by: CIVIL RESOURCES, LLC 451 Oak Street, Suite 209 P.O. Box 680 Frederick, CO 80530 November 2004 CIVIL RES'JURCES, LLC ENGINEERS & PLANNERS 1.0 INTRODUCTION The purpose of this Temporary Substitute Supply Plan(TSSP)is to provide a plan to replace stream depletions resulting from S. W. Meadows, LLC's(S.W. Meadows)gravel mining operation at the Heit Sand&Gravel Mine during the first two years following the start of mining. Although a slurry wall will be constructed around the perimeter of the proposed Phase I mining area and therefore the proposed mining will be hydrologically separated from the surrounding groundwater resource, this TSSP conservatively assumes that the slurry wall will be ineffective and therefore depletions to the South Platte River are occurring. The Heit Sand and Gravel Mine(Heit Pit) is located in Section 13, Township 2 North, Range 67 West of the 6t^ P.M in Weld County, Colorado. The Heit Pit is more commonly located as being approximately one mile west of Highway 85 and approximately 4 miles north of Highway 52. Refer to Figure 1. This study documents the estimated stream depletions caused by mining and how they will be replaced to prevent injury to downstream water users. 2.0 PRE-MINE LAND CONDITIONS The site topography is generally characterized as sloping northeast to the South Platte River at a 0.3 percent grade. Mining will begin with the settling ponds located on the north side of the mine permit boundary. Refer to Figure 1 and Figure 2. Figure 3 shows a 1998 aerial photo of the site. 3.0 PROPOSED GRAVEL MINING OPERATIONS The mining area will be dewatered after a slurry wall has been constructed around its perimeter. Subsequently,the area will be dry mined and reclaimed. The mining will include approximately 4 acres of settling ponds located in the northwestern portion of the Heit Pit as seen in Figure 2. Water collected in the dewatering trenches that is not used to fill the settling ponds will be discharged back to the South Platte River. The site will be reclaimed to create storage reservoirs. 3.1 Pit Depletions Groundwater will naturally fill or be pumped to a 4.0 acre settling pond that will be constructed after mining has been completed in the area in which it is proposed. The settling pond water or an existing irrigation well (Heit Well#20136,to be repermitted)will be used for: 1)washing aggregate; 2)dust control; and 3)concrete batching. Dewatering trenches, with a maximum surface area of 0.8 acres will be used to allow dry mining in Phase I of operations. In summary,evaporation will be available from approximately 4.8 acres of exposed water surface contained within the settling ponds and dewatering trenches. The gross annual evaporation at the Heit Pit is approximately 44 inches according to NOAA Technical Report NWS 33, Evaporation Atlas for the Contiguous 48 United States, Map 3. Monthly evaporative losses are determined using percentages specified by the State Engineer's Office for locations below 6,500 feet, except in January and December during which the mean monthly temperature is below 32 degrees Fahrenheit and therefore the evaporation is assumed to be minimal due to ice cover. The total evaporation was re-distributed over the ten non-ice cover months. Precipitation and temperature data was obtained from the Ft. Lupton and Brighton weather stations,the nearest long term weather stations. The average precipitation at the Ft. Lupton and Brighton stations from 1950 to 2000 is 12.9 inches per year as reported from the Western Regional Climate Center,(http://www.wrcc.dri.edu/). Copies of the evaporation and precipitation data are included in Appendix A. Effective precipitation is that part of the historical precipitation which was consumed by vegetation and crops on the land to be covered by a water surface and is estimated to be 70 percent of the total precipitation during the non-ice cover months. Subtracting the effective precipitation from the gross evaporation yields an annual net evaporation of 35.5 inches,or 14.2 acre-feet per year for the 4.8 acres of water surface. Table 1 shows the estimated evaporative loss. Heit TSSP R1 1 December 2005 S.W. Meadows projects washing up to 500,000 tons of mined aggregate per year. Annual consumptive use at a depletion of 4 percent by weight is 14.7 acre-feet. Approximately 150,000 yards of concrete will be batched onsite at a depletion of 7 percent per yard resulting in 15.5 acre-feet per year consumed in batching. An estimated 1.9 acre-feet per year of water will be used for dust control based on information from S.W. Meadows. Therefore,total operational loss is 32.1 acre-feet and the total consumption at the site including evaporation and operational losses is 46.3 acre-feet per year as seen in Table 3. The dewatering water volume will be pumped and stored in the two ponds, having approximate surface areas of 2 acres and depths of 12 feet, located in the northwest portion of the property. In the event that the settling ponds are moved and not available for operational use for a short period of time, Heit well#20136 will be used for dust suppression and batching. The volumes pumped will be the same as the monthly volumes stated in Table 2. These depletions will be replaced by the leased reusable effluent from the City of Thornton. Pending the approval of this TSSP a new permit for Heit Well#20136 will be submitted to the SEO having the intended uses as dust suppression, batching and gravel pit usages. See Appendix C for the Heit Well#20136 original decree. 3.1.1 Lagged Stream Depletions Lagged depletions for evaporation and operations were estimated using the Well Depletion Model(WDM)and distances of 2,750 feet and 3,000 feet,respectively. The aquifer transmissivity was estimated to be 140,000 gallons per day per foot and the specific storage was estimated to be 0.2. A no flow boundary was set at a distance of 10,000 feet to the west of the Heit Pit. These aquifer properties were used on a Northern Colorado Constructors Pit directly south of the Heit Pit. The results are shown in Table 1 and 2. See Appendix B for the complete stream depletion model output. 4.0 PIT REPLACEMENT OPERATIONS A lease from the City of Thornton will deliver 56.1 acre feet per year of reusable effluent to the South Platte River approximately 35 miles south of the Heit Pit. See Appendix D for a copy of the lease agreement. Replacement water deliveries include a 0.5 percent transit loss for 35 miles of stream(17.5 percent total loss). The proposed monthly amounts of replacement water are shown in Table 3. An example accounting form is shown in Table 4. 5.0 WELL OWNERSHIP CONSENT S.W. Meadows is required by the State Engineer's Office to obtain consent of all the well owners located within 600 feet of the Heft Pit before mining proceeds. Figure 5 shows the approximate location of all the wells within 600 feet of the mine permit boundary and Table 5 lists the well permit numbers. 6.0 SUMMARY This TSSP provides an evaluation of the stream depletions expected as a result of the mining operations described by S.W. Meadows for the Heit Sand and Gravel Mine. This plan presents a method by which those stream depletions will be replaced in order to prevent injury to other water rights on the South Platte River. 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MEADOWS, LLC ji ,ppi � � CIVIL RES'#U RCES,LLC HEIT SAND &GRAVEL MINE GATE: FIGURE: 555 ' )4,;::.4.1-7,A � , _ , , az�zoos 1 GENERAL LOCATION MAP i Property Tax Information Page 1 of I 4. 1** , I";1'12 ill rtr� r, . r� filE n �t< <',r six >yJ s:.. At Home Services II Departments About Weld Property Information I', Cont,' Home > Departments > Treasurer's Office > Tax Search > Tax Search Results > Tax Detail Tax Search Details Information for tax year: 2006 payable in 2007 Property Information Owner Name: Sw Chambers LIc Address: City: Weld County, CO Account Number: P3434606 Parcel Number: 131113001003 Legal Address: nw4se4 13 2 67 personal property heit sand & gravel Value Information Actual Land Value $0.00 Assessed Land Value $0.00 Actual Improved Value $4,312.00 Assessed Improved Value $1,250.00 Actual Total Value $4,312.00 Assessed Total Value $1,250.00 Payment Information Total Tax Amount: $86.00 .... First Half Amount: ($43.00) Second Half Amount: ($43.00) SR. Exemption: $0.00 Full Amount Paid: $0.00 Current Balance: $0.00 IF any of the following fields are "YES" please contact the Treasurer's Office for more information. Tax Status Tax Liens: No Tax Area 3111 Prior Taxes Due: No Senior Homestead Exemption: No Special Improvement Tax: No Mill Levy 68.803 Personal Property Penalty: No Property Transfer Declaration No Database Last Updated at: 03:03 AM on October 2, 2007 http://www.co.weld.co.us/departments/treasurer/tax/tax info.cfm?ACCOUNTNO=P34346... 10/2/2007 Property Tax Information Page 1 of 1 A 9i ' — 2. Home ( Services i, Departments r About Weld '!I Property Information I Conta. Home > Departments > Treasurer's Office > Tax Search > Tax Search Results > Tax Detail Tax Search Details Information for tax year: 2006 payable in 2007 Property Information Owner Name: Sw Chambers Llc Address: City: Weld County, CO Account Number: R4212106 Parcel Number: 131113001003 Legal Address: heit sand & gravel mine production only nw4se4 13 2 67 m2003016 Value Information Actual Land Value $0.00 Assessed Land Value $0.00 Actual Improved Value $0.00 Assessed Improved Value $0.00 Actual Total Value $0.00 Assessed Total Value $0.00 Payment Information Total Tax Amount: $0.00 .... First Half Amount: $0.00 Second Half Amount: $0.00 SR. Exemption: $0.00 Full Amount Paid: $0.00 Current Balance: $0.00 IF any of the following fields are "YES" please contact the Treasurer's Office for more information. Tax Status Tax Liens: No Tax Area 3116 Prior Taxes Due: No Senior Homestead Exemption: No Special Improvement Tax: No Mill Levy 68.803 Personal Property Penalty: No Property Transfer Declaration No Database Last Updated at: 03:03 AM on October 2, 2007 http://www.co.weld.co.us/departments/treasurer/tax/tax info.cfm?ACCOUNTNO=R4212... 10/2/2007 Property Tax Information Page 1 of 1 1_ ilk Home Services i, Departments II About Weld It Property Information I Contai Home > Departments > Treasurer's Office > Tax Search > Tax Search Results > Tax Detail Tax Search Details Information for tax year: 2006 payable in 2007 Property Information Owner Name: Sw Chambers Llc Address: City: Weld Account Number: R5386186 Parcel Number: 131113001002 20281 14-5-6 13-2-67 lupton meadows div #1 exc 3.03a og&m to gws co Legal Address: (1r 1d) situs: weld 00000 Value Information Actual Land Value $29,957.00 Assessed Land Value $8,690.00 Actual Improved Value $130,041.00 Assessed Improved Value $10,540.00 Actual Total Value $159,998.00 Assessed Total Value $19,230.00 Payment Information Total Tax Amount: $1,323.08 .... First Half Amount: ($661.54) Second Half Amount: ($661.54) SR. Exemption: $0.00 Full Amount Paid: $0.00 Current Balance: $0.00 IF any of the following fields are "YES" please contact the Treasurer's Office for more information. Tax Status Tax Liens: No Tax Area 3116 Prior Taxes Due: No Senior Homestead Exemption: No Special Improvement Tax: No Mill Levy 68.803 Personal Property Penalty: No Property Transfer Declaration No Database Last Updated at: 03:03 AM on October 2, 2007 http://www.co.weld.co.us/departments/treasurer/tax/tax info.cfm?ACCOUNTNO=R5386... 10/2/2007 JAN-28-2008 M0N 03:43 PM FAX Na P. 01/01 Report Date:01:2812000 02:SSPM WELD COUNTY TREASURER Page:1 STATEMENT OF TAXES DUE SCHEDULE NO:R5386188 ASSESSED TO: SW CHAMBERS LLC 333 W HAMPDEN AVE#810 ENGLEWOOD,CO 80110 LEGAL DESCRIPTION: 20281 L4-5-e 13-2-67 LUPTON MEADOWS DIV#1 EXC 3.03A OG&M TO GWS CO(1R 10)SITUS:WE Al 00000 PARCEL: 131113001002 SITUS ADD: WELD TAX YEAR CHARGE TAX AMOUNT INTEREST FEES PAID TOTAL DUE 2007 TAX 1,206.02 0.00 0.00 0.00 1.206,02 TOTAL TAXES GRAND TOTAL DUE GOOD THROUGH 01/2812008 1,206.02 ORIGINAL TAX BILLING FOR 2007 TAX DISTRICT 3116- Authority Mill Levy Amount Values Attu II Assessed WELD COUNTY 16.804' 294.42 AGRICULTURAL 30,4; S 8,830 SCHOOL DIST RED 23.784 416.68 AGRICULTURAL I "r' 260 NCW WATER 1.000 17.52 AGRICULTURAL 105,8: 'i 8,430 CCW WATER 0.487' 8.53 -- -• — ' CWC WATER 0000 0.00 TOTAL 137,1: t• 17,520 CENTRAL COLO WATER WELL(CCA) 9.000 157.68 FORT LUPTON FIRE 8.201 143.68 AIMS JUNIOR COL 6.308 110.52 WELD LIBRARY 3.253 58.99 +— TAXES FOR 2007 68.837' 1,206.02 'Credit Levy ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE Ut %HOLDER OR TO ADVERTISING AND DISTRAINT WARRANT FEES. CHANGES MAY OCCUR AND THE TREASURERS OFFICE W ..NEED TO BE CREATL PROPERTY-AUGUST 1ACTED PRIOR TO . TAX AFTER THE TAX LIEN ALE FOLLOWING EDEMPTIONES: PERSONAL PROPERTY AND AMOUNTS MUST BE PASO BY ASH OR CASNE t6 CHECE HOME: K. i 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 o 'Iiii property taxes;special assessments and prior tax liens attached to this(these) account s). Current year's taxes are due but not delinquent. 1jai toe, Signed: bAleth Date: . 6S I - - - - �� •• ��.�Q I II rnn nu. r. UI/Ul Report Date:1010612006 03:57PM WELD COUNTY TREASURER Page: 1 STATEMENT OF TAXES DUE SCI-EDULE NO:R5386186 ASS SSED TO: SW CHAMBERS LLC 333 W HAMPDEN AVE#810 ENGLEWOOD,CO 80110 LEGAL DESCRIPTION: 20281 L4;-6 13.2'87 LUPTON MEADOWS DIV#1 EXC 3.03A 0G8M TO GWS CO(1R 10)SITUS:WELD 00000 PARCEL: 131113001002 SITUS ADD: WELD TAX YEAR CHARGE TAX AMOUNT INTEREST FEES PAID TOTAL DUE 2005 TAX 1,258.92 0.00 0.00 1,258.92 0.00 TOTAL TAXES 0.00 GRAND TOTAL DUE GOOD THROUGH 10/06/2006 ORIGINAL TAX BILLING FOR 2005 TAX DISTRICT 3116- Authority Mill Levy Amount Values Actual Assessed WELD COUNTY 17.900 344.23 AGRICULTUR 29,957 8,690 SCHOOL W ER REB 11.00 31g 23 AGRICULTUR 129,1 AGRICULTUR 154 10,280 87 260 NCW WATER CCW WATER 0.607 11.67 - CWC WATER 0.000 0.00 TOTAL 159,998 19,230 CENTRAL COLO WATER WELL(CCA) 9.000 173.07 FORT LUPTON FIRE 8.922 171.57 AIMS JUI•IOR COL 6.357 ' 122.25 WELD LIE RARY 3.281 63.09 TAXES FOR 2005 65,466 1,258.92 ALL TAX LEN 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 WLL NEED TO BE CONTACTED PROPERTY PRIOR-AUGUSTREMITTANCE TAX LIEN ALE REDEMPTION AMOUNTS MUST BE PAID BL PROPERTY Y CASHOR CAD MOBILE SH ERS CES- HECK. K.ST 1 P.O.Box 458 Greeley,CO 80632 (970)353-3845 ext 3290 — . — — — WELD COUNTY TREASURER - i Pursuant to the Weld County Subdivision Ordinance, the attached Statements)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. Si - �•f�Date -'v/— . REFERRAL LIST Name: SW Chambers 1f: RE-4554 County Towns & Cities Fire Districts _Attorney _Ault _Ault F-1 z Health Department _Berthoud _Berthoud F-2 _Extension Office _Brighton Briggsdale F-24 _Emergency Mgt Office - Ed Herring _Dacono Brighton F-3 _Sheriffs Office _Eaton _Eaton F-4 z Public Works _Erie z Fort Lupton F-5 _Housing Authority _Evans _Frederick _Airport Authority _Firestone _Galeton F-6 z Building Inspection _Fort Lupton _Hudson F-7 z Code Compliance S.-Ann _N-Beth _Frederick _Johnstown F-8 _ Kim Ogle (Landscape Plans) _Garden City _LaSalle F-9 _Lin (Addressing Change of Zone) _Gilcrest _Mountain View F-10 _Ambulance Services _Greeley _Milliken F-11 _Grover _Nunn F-12 State _Hudson _Pawnee F-22 Div. of Water Resources _Johnstown _Platteville F-13 _Geological Survey Keenesburg _Platte Valley F-14 _Department of Health _Kersey _Poudre Valley F-15 _Department of Transportation _LaSalle Raymer F-2 _Historical Society _Lochbuie _Southeast Weld F-16 _Water Conservation Board _Longmont _Union Colony F-20 _Oil & Gas Conservation Commission _Mead Wiggins F-18 _Milliken _Windsor/Severance F-17 Division of Wildlife New Raymer z South Hwy 66 (Loveland) Northglenn _North Hwy 66 (Greeley) _Nunn _Division of Minerals/Geology _Pierce _Platteville Commissioner Soil Conservation Districts _Severance _ _Big Thompson/ FTC _Thornton _Boulder Valley/Longmont Windsor _Brighton/SE Weld _Centennial Counties _Greeley/West Greeley _Adams z Platte Valley Boulder _West Adams _Broomfield Little Thompson Larimer Federal Government Agencies Other z US Army Corps of Engrs _School District RE- USDA-APHIS Vet Service _Central Cob. Water Cons _Federal Aviation Admin (Structures _RR over 200 ft or w/in 20000 ft of Pub z Meadow Island Ditch #1 Airport Art Elmquist (MUD Area) _Federal Communications Comm REFERRAL LIST f ' ss bi Name: Case#: County Towns& Cities Fire Districts Ault - F- Ault 1 X Health Department Berthoud Berthoud F-2 _Extension Office _Brianton Briagsdaie F-24 _Emergency Mgt Office Ed Herring _Dacono Brighton F-3 Sheriffs Office ,Public Works Se Eaton F-4 egn Fart Lupton F-5 _Housing Authority Evans Gaieton F-6 _Airport Authority _Firestone Hudson F-7 4,Buiiding Inspection _Fort Lupton Jonnstown F-8 Code Compliance R.-Ann)(3-Beth _Frederick _LaSalle F-9 Kim Ogle (Landscape Plans) Garden City Mountain View F-10 _Lin (Addressing Change of Zone) Gilcrest Milliken F-11 Ambulance Services _Greeley Nunn F-12 _Grover Pawnee F-22 State _Hudson Platteville F-'3 _Div.of Water Resources _Johnstown Platte Valley F-14 _Geological Survey _Keenesburg Poudre Valley F-15 _Department of Health _Kersey Raymer F-2 _Department of Transportation LaSalle Southeast Weld F-16 _Historical Society _Lochbuie Union Colony F-20 _Water Conservation Board Longmont Wiggins F-18 Oil &Gas Conservation Commission _Mead Windsor/Severance F-17 _Milliken Division of Wildlife _New Raymer Legal ?( South Hwy 66 (Loveland) Northgienn Parcel ID # _North Hwy 66 (Greeley) _Nunn - Zone Acres? _Division of MineralsiGeology _Pierce USDA Platteville Airport Soil Conservation Districts _Severance Geo Haz Big Thompson!FTC _Thornton FP? Panel # _Boulder ValleyiLonamoni _Windsor IGA? 0RD 4 _BhghtoniSE Weld MUD? Centennial Counties _GreeleyiWest Greeley Adams >( Platte Valley _Boulder _West Adams _Broomfield , _Little Thompson _Larimer Federal Government Agencies Other Jf US Army Corps of Engrs School District RE- USDA-APHIS Vet Service _Central Cob. Water Conservancy Dist Federal Aviation Admin (Structures _RR (Q over 200 ft or wiin 20000 ft of Pub X Ditch Company, r 4-(40W�I��I1/44-(40W 1 , Airport Art Elmquist (MUD Area)14O I Federal Communications Comm Commissioner 6 '41" Weld County Referral hiDe October 20, 2006 COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant SW Chambers LLC Case Number RE-4554 Please Reply By November 17, 2006 Planner Chris Gathman Project Two Lot Recorded Exemption Legal Lots, 4-6 of Lupton Meadows; Pt E2 of Section 13, T2N, R67W of the 6th P.M., Weld County, Colorado. Location West of and adjacent to CR 25; north of and adjacent to CR 20.25. For a more precise location, see legal. • Parcel Number 1311 13 001002 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: U /(U U!O(j) (f .,,, ... f n m p Ix tit4 4n-I t�/.f P y��e/i On fi iG/a 7i.4/1A Gott? /449 ! �/ Signature 1�______ K 7 /0'; --0.0. Agency 4)/1-i7 �c tin,/i2/fir/ Date ❖Weld County Planning Dept. ❖918 10th Street Greeley, CO.80631 ❖(970)353-6100 ext.3540 +(970)304-6498 fax „/' • rster‘.. „, Weld County Referral I Di Weld County Planning Department GREEiii LEY OFFICE November 30, 2006 D e DEC 0 4 2006 COLORADO RECEIVED The Weld County Department of Planning Services has received the following item for review; Applicant SW Chambers LLC Case Number RE-4554 Please Reply By November 17,2006 Planner Chris Gathman Project Two Lot Recorded Exemption Legal Lots,4-6 of Lupton Meadows; Pt E2 of Section 13,T2N. R67W of the 6th P.M., Weld County,Colorado. Location West of and adjacent to CR 25; north of and adjacent to CR 20.25. For a more precise location, see legal. Parcel Number 1311 13 001002 The application is submitted to you for review and recommendation. My 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. ❑UWe 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 ( 7 4 4th // 31 11,w ee Agency rely a Few L i tyA7 Date +Wald County Planning Dept. 0918 10°1 Street-Greeley,CO.80631 +(970)353.6100 ext3540 t(970)304-6498 fax 44.1H lie;r4. - County Referral c /L ' OCT ; 7t 5 ±2 ' " OCtoby�tjd? D�9106jng Department � GREELEY OFFICE COLORADO — __ Nov 2 0 2006 The Weld County Department of Planning—Saes-hes-iecejved erVt th following item for revii V r. aE D Applicant SW Chambers LLC Case Number RE-4554 Please Reply By November 17, 2006 Planner Chris Gathman Project Two Lot Recorded Exemption Legal Lots, 4-6 of Lupton Meadows; Pt E2 of Section 13, T2N, R67W of the 6th P.M., Weld County, Colorado. Location West of and adjacent to CR 25; north of and adjacent to CR 20.25. For a more precise location, see legal. Parcel Number 1311 13 001002 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. 4 See attached letter. Comments: Signature 44, ,t„€4/Q ///4,_O& Agencyee u/ . Date ❖Weld County Planning Dept. ❖918 10th Street Greeley,CO.80631 ❖(970)353-6100 ext.3540 ❖(970)304-6498 fax rte"t7es4,- , MEMORANDUM d TO: Chris Gathman, Planning Services DATE: Nov. 15, 2006 1111D CFROM: Donald Carroll, Engineering Administrator 0 " SUBJECT: RE-4554, SW Chambers, LLC COLORADO The Weld County Public Works Department has reviewed this proposal. Our comments and requirements are as follows: COMMENTS & REQUIREMENTS: Weld County Road Classification Plan (FHU 2002): WCR 25 and 20.25 are classified as local roadways. There is presently a 60-foot right-of-way for each road (please check). These roads are maintained by Weld County. Pursuant to the definition of SETBACK in the Weld County Zoning Ordinance (23-1-90), the required setback is measured from the future right-of-way line. Road Access Policy (Code Section 8, Article II and III): The applicant proposes to use an existing access off of WCR 20.25 to serve Lot A. Any new access will be required to meet minimum standards as outlined in (Article II and III referenced above). The applicant will be required to utilize existing accesses for Lot B as shown on the access information sheet and plot plan. If a drainage culvert is required, a 15-inch corrugated metal pipe is the County's minimum size requirement. If the applicant chooses to place a different size culvert, please contact the Public Works Department for assistance in sizing this culvert. The applicant will be required to verify that adequate sight distance exists for the access point off of WCR 20.25. Oil and gas operations on the property shall also utilize the existing access. Direct access from a public road will be limited to one (1) per legal parcel, except as further limited or restricted by zoning or subdivision regulations. This policy applies to all new and existing accesses within the unincorporated areas of the county. Properties within municipalities or other counties which access Weld County roads are subject to this policy. The applicant shall comply with all conditions set forth in their prior mining application for Lot B (USR 1444). Pursuant to Chapter 15, Articles I and II of the Weld County Code, if noxious weeds exist on the property or become established as a result of the proposed development, the applicant/landowner shall be responsible for controlling the noxious weeds. FLOOD HAZARD DEVELOPMENT STANDARDS: The applicant shall determine if this area resides within a FEMA Regulated Flood Zone that may affect the proposed residential use of Lot A. Pc: RE-4554 / WELD COUNTY ROAD ACCESS INFORMATION SHEET Weld County Department of Public Works 111 H Street, P.O. Box 758, Greeley, Colorado 80632 Phone: (970 )356-4000, Ext. 3750 Fax: (970)304-6497 Road File#: Date: RE# : Other Case #: 1. Applicant Name: SW CHAMBERS, LLC. Phone: 303-534-1040 Address: 333 WEST HAMPDEN AVE.. SUITE 810 City:ENGLEWOOD State: CO Zip:80110 2. Address or Location of Access 9477 WCR 25 Section .13 Township 2N Range 67W Subdivision: Lupton Meadows Lot:4.5.6 Weld County Road #:20 1/4 +25 Side of Road NW of Corner Distance from nearest Intersection -1230' 3. Is there an existing access to the property? Yes x No #of Accesses2 on WCR25 1 on WCR 20 1/4 4. Proposed Use: 2 Permanent Iidi ResidentiaVAgricultural Ii Industrial 0 Temporary 0 Subdivision ❑ Commercial NI Other Future Water Storage 5. Site Sketch Legend for Access Description: AG = Agricultural ____I RES = Residential O&G = Oil&Gas Z. D.R. _ Ditch Road O = House O = Shed A =Proposed Access - = Existing AccessQ�r�9Nfi ra roposvl frcceSS c ao y OFFICE USE ONLY: Road ADT firpPssPQ Date Accidents Access it - Data Lot A Road ADT Date Accidents Date Drainage Requirement Culvert Size Length Special Conditions , ❑ installation Authorized ❑ Information Insufficient Reviewed By: Title: -7- MeMOrand ..110Planning Department GREELEY OFFICE TO: W.C. Planning, Chris Gathman NOV 1 6 2006 ' DATE: November 14, 2006 RECEIVED • FROM: , EH ServiceMeborah Blandin COLORADO CASE: RE-4554 APPLICANT: SW Chambers LLC Environmental Health Services has reviewed this proposal; the following conditions are recommended to be part of any approval: 1. A Weld County Septic Permit is required for the proposed home septic system(s) and shall be installed according to the Weld County Individual Sewage Disposal Regulations. 2. The installation of any septic system within the 100-year flood plain shall comply with the Weld County I.S.D.S. flood plain policy (attached). In accordance with the Colorado I.S.D.S. Regulations, no septic systems shall be installed within the floodway. 3. The application indicates that the existing septic system will be abandoned and/or removed. This Department requires the tank to be pumped and the system to be properly abandoned according to Weld County ISDS 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. 44"a Weld County Referral W11Dc. D October 20, 2006 COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant SW Chambers LLC Case Number RE-4554 Please Reply By November 17, 2006 Planner Chris Gathman Project Two Lot Recorded Exemption Legal Lots, 4-6 of Lupton Meadows; Pt E2 of Section 13, T2N, R67W of the 6th P.M., Weld County, Colorado. Location West of and adjacent to CR 25; north of and adjacent to CR 20.25. For a more precise location, see legal. Parcel Number 1311 13 001002 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 PO/ �� 1/-02 _O6 Agency A/0,47 IY'�T/O� Date •:•Weld County Planning Dept. ❖918 10"Street Greeley,CO.80631 ❖(970)353-6100 ext.3540 ❖(970)304-6498 fax itoa DEPARTMENT OF PLANNING SERVICES BUILDING INSPECTION NORTH OFFICE 918 10`"Street ' GREELEY, COLORADO 80631 C PHONE (970)353-6100, EXT.3540 FAX (970)304-6498 SOUTHWEST OFFICE COLORADO 4209 CR 24.5 LONGMONT CO 80504 PHONE (720)652-4210 ext. 8730 FAX (720)652-4211 November 13, 2006 SW Chambers LLC Two Lot Recorded Exemption. RE-4554 1. 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 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 or water for watering or washing of livestock or poultry. 2. A plan review is required for each building except for buildings that meet the definition of Ag Exempt buildings. Plans may require the wet stamp of a Colorado registered architect or engineer. 3. Buildings shall conform to the requirements of the codes adopted by Weld County at the time of permit application. Current adopted codes include the 2003 International Residential Code; 2003 International Building Code; 2003 International Mechanical Code; 2003 International Plumbing Code; 2003 International Fuel Gas Code;2005 National Electrical Code and Chapter 29 of the Weld County Code. 4. Each building will require an engineered foundation based on a site-specific geotechnical report or an open hole inspection performed by a Colorado registered engineer. Engineered foundations shall be designed by a Colorado registered engineer. 5. Fire resistance of walls and openings,construction requirements,maximum building height and allowable areas will be reviewed at the plan review. Setback and offset distances shall be determined by the Zoning Ordinance. 6. Building height shall be measured in accordance with the 2003 International Building Code for the purpose of determining the maximum building size and height for various uses and types of construction and to determine compliance with the Bulk Requirements from Chapter 23 of the Weld County Code. Building height shall be measured in accordance with Chapter 23 of the Weld County Code in order to determine compliance with offset and setback requirements. Offset and setback requirements are measured to the farthest projection from the building. 7. Provide letter of approval from Fort Lupton Fire Protection District prior to new residential construction. 8. There are is one (OGS-062072) active building permit on record. Sine y, oge Building Official Service,Teamwork,Integrity,Quality t ,-06; t :53PM;Eaton School Dist. ;9704545193 A a DEC 0 4 2006 Weld County Referral 11111 C November 30, 2006 COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Ronnie& Patricia McKinney Case Number RE-4575 • Please Reply By December 28, 2006 Planner Chris Gathman Project Two Lot Recorded Exemption Legal Lot S of RE-2957; Pt S2 of Section 19, T7N, R64W of the 6th P.M., Weld County, Colorado. Location East of and adjacent to CR 49; approx. one mile north of CR 76. For a more precise location, see legal. Parcel Number 0711 19 000026 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. ja See attached letter. Comments: Signature C 1 14SST. t-xPi.fC jalltlok. Agency e 41-0,Q St-kkoe` �,� �- 1Qi a1 Date +Weld County Planning Dept. +918 10th Street Greeley,CO.80631 +(970)353-6100 ext.3540 :•(970)304-5498 fax 12-11-05; 1 :53PM;Eaton School Dist. ;9704545193 # EATON SCHOOL DISTRICT RE-2 Dr.Randy Miller 200 Park Avenue Superintendent Eatnn,Colorado 80615 (970)454-3402 (970)454.5193 Fax December 11, 2006 Chris Gathman Weld County Planning Department 918 10th Street Greeley, CO 80631 RE: Ronnie & Patricia McKinney Recorded Exemption RE-4575 Chris Gathman: We have reviewed the above applicant's request. It is our understanding, based upon materials submitted to us, that this recorded exemption request is to separate existing improvements on the property from agricultural land. Assuming our analysis is correct, however, we believe that it is not necessary to request that the property owner pay a cash-in-lieu of land dedication to the School District at this time. It is our understanding that the District will receive notice in the event that a property owner of these lots otherwise requests further subdivision of these parcels. The District will demand that the property owners pay a cash-in-lieu of land dedication fee at that time to address the impacts of the new housing units and their probable contribution of additional students to the Eaton Schools. Thank you for allowing us this opportunity to comment upon the property owner's proposal. Please contact me with any questions or if we can provide any additional information. Sincerely, Timothy Unrein Assistant Superintendent Business Services Eaton School District RE-2 Enc. 12-11-06; 1 53P;Eaton School Dist. .5704545193 5 1 200 Park Avenue Eaton,CO 80615 �' e (970)454-3402 x e d�`� (970)454-5193 Fax '' -may „ . > Fax To: Chris Gathman—Weld County From: Tim Unrein Fax: (970)304-6498 Pages: 3 Phone: (970)353-6100 Date: 12/11/2006 Re: Weld County Referral Response CC: O Urgent Q For Review O Please Comment ❑ Please Reply O Please Recycle Attached please find our response to the referral for Ronnie&Patricia McKinney RE-4575. Please let me know if you have any questions. 12- 11 - 06 ; 3 : 23PM : Eaton School Dist . ; 9704545193 EATON SCHOOL DISTRICT RE-2 John J. Nuspl 200 Park Avenue Superintendent Eaton, Colorado 80615 (970) 454-3402 (970) 454-5193 Fax September 23, 2002 Chris Gathman Weld County Planning Department 1400 17th Avenue Greeley, CO 80631 RE: Gale Moody Two-Lot Recorded Exemption #3426 Gale Moody: 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. 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, Timothy Unrein Business Services Director Eaton School District RE-2 Enc. Date Paid l \ Vc ‘ \1 . 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" - ..,,r.� C' <Cvs.'a • 7f> ;:•:, :14.... -q-„- :*,,y* S,C uS--+ L ,a,^ix a2' . « -11":-':,: . •:i4.: :-':,: i �; ;t ` '!+' ,, - ; ate .d, � ,. ,t„:4,-.1. • "� ":y� s> ... , s�. C MEADOWS LLC a5. xS.W. , z i • b ; Gee>5 >tlrb�, b :x HEIT SAND & GRAVEL MINE � r- �.' K� rJ �'c'>�' F: r v„S :� tom- , sev `tf>s. = 4E4 Y. ar J ' •:,, 5 I,D ad a.,.. •r'' •,t +F' � � R �" ₹ ' .�: ., a � r CIVIL RESOURCES, LLC 4 . s< "t'' F - x. `'.a v .a ₹ 1 `i` i'.S♦3, �. r, . k;", ''tt ' . ).4,-..,--/..)? i` ^• t6mj e �tt �.elL' f t 4t la r at DATE: FIGURE: E ma C ., "S' " , X rA3nr tss. : f'. • 'S,1Y"k 1 �,h3 Yt -, S i <°" j.yrxT* l ! r lFY t +„ �, .`.t' yte v' w J` Ttt .Z �,Y`.xd� ,: wRs •.nBdi .T.`'' (. ' / t'4f'��S !' v 06/2003 5 WELL LOCATION MAP fi4.&11: ^ F' ..R?v- i+>.>` t • • BILL OF SALE KNOW ALL MEN BY THESE PRESENTS,that Cheshire Investment,LLC, a Colorado limited liability company,whose street address is 650 South Cherry Street, Suite 920,Denver, Colorado 80246 ("Seller"),for and in consideration of Ten Dollars($10.00),to them in hand paid, at or before the ensealing or delivery of these presents by SW Chambers,LLC, a Colorado limited liability company, whose address is 333 W.Hampden Ave., #810, Englewood, Colorado 80110 ("Buyer"),the receipt of which is hereby acknowledged,has bargained and sold, and by these presents does grant and convey unto the said Buyer,its personal representatives, successors and assigns, the following property, goods and chattels,to wit and all personal property except personal household items presently located at the property described on Exhibit A attached hereto and incorporated herein by this reference. TO HAVE AND TO HOLD the same unto the said Buyer,its representatives, successors and assigns, forever. The said Seller covenants and agrees to and with the Buyer, its representatives, successors and assigns,to WARRANT AND DEFEND the sale of said property, goods and chattels, against all and every person or persons whomever. When used herein,the singular shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. IN'WITNESS WHEREOF,the Seller has executed this Bill of Sale this le day of June, 2004. SELLER: Cheshire Investment, LLC, a Colorado limited liability company By: Shamrock Holdings Group,LLC, a Colorado limited liability company,Member By:� Its: ,AsA ✓u�� STATE OF COLORADO ) O ss. COUNTY OF U/61�v�ho ) / The foregoing instrument was acknowledged before me this 17&iay of 9v� 2004 by Cc," 64.0 1-* as ,C(.4- Mott of Shamrock Holdings Group,LLC, a Colorado limited liability companys Member of ChLshire Investment,LLC, a Colorado limited liability company. Witness my hand and official seal. ADRIAN D. MORRIS NOTARY PUBLIC My commission expires: 8---/-0/71 STATE OF CO ORADO My Comm' sion a Au 11,2004 No ary Pu lic SW-TKO: By Mark Campbell, President Date STATE OF COLORADO ) SS COUNTY OF The foregoing instrument was acknowledged before me this Day of 2004 by WITNESS my hand and official seal. My Commission expires: NOTARY ( MONTH/YEAR ESTIMATED MONTHLY Apr-05 3.74 AF May-05 4.40 AF Jun-05 5.15 AF Jul-05 5.80 AF Aug-05 6.13 AF Sep-05 6.02 AF Oct-05 5.49 AF Nov-05 4.77 AF Dec-05 4.12 AF Jan-06 3.58 AF Feb-06 3.37 AF Mar-06 3.44 AF Total 56.1 AF 3. Lease Payment. Lessee agrees to pay Thornton a lump sum fee of $14,586. This payment shall be received by Thornton by December 31, 2004. If Lessee fails to timely make this payment, Thornton may, at its sole discretion, terminate this Lease without further obligation. 4. Water Quality. THORNTON does not warrant or guarantee that the effluent it provides satisfies any water quality standards. 5. Non-Assignability. Neither this Agreement nor any of the rights or obligations of the parties hereto shall be assigned by either party without the prior written consent of the other party. Attempted assignment or assumption without consent shall constitute grounds for immediate termination of this Agreement at the option of the non- assigning party. 6. Venue. This Agreement shall be governed by the laws of the State of Colorado, and any legal action concerning the provisions hereto shall be brought in the County of Adams, State of Colorado. 7. Entire Agreement. This Agreement constitutes the entire Agreement between the parties superseding all prior oral and written communications. None of the provisions of this Agreement may be amended, modified or changed except by an Agreement amendment signed by both parties. EFFLUENT LEASE This lease is made and entered this day of November, 2004 by and between the City of Thornton, a Colorado municipal corporation (hereinafter referenced as "Thornton") as LESSOR and SW-TKO, Inc., (hereinafter referenced as "LESSEE"). WHEREAS, THORNTON owns reusable water in its municipal system; WHEREAS, following use of such water by THORNTON customers, effluent is treated by Metro Wastewater Reclamation District (hereinafter referenced as "METRO") and discharged to the South Platte River; WHEREAS, at various times during the water year as defined by November 1 through October 31, THORNTON is currently unable to store or provide for use all of its reusable effluent discharged to the South Platte River; WHEREAS, until such time as THORNTON has acquired and constructed sufficient storage space to recapture all of its reusable effluent generated throughout the water year, THORNTON desires to lease such effluent to LESSEE for augmentation of gravel pit losses; and WHEREAS, LESSEE is desirous of leasing such treated reusable effluent for augmentation of water loss at LESSEE'S gravel pits. NOW, THEREFORE IN CONSIDERATION OF THE ABOVE REPRESENTATIONS AND OF THE MUTUAL PROMISES AND COVENANTS CONTAINED HEREIN, THE RECEIPT AND ADQUACY OF WHICH IS HEREBY MUTUALLY ACKNOWLEDGED, THE PARTIES AGREE AS FOLLOWS; 1. Term. The term of this LEASE shall be 12 months beginning April 1, 2005, and ending on March 31, 2006 in order to conform to the State Engineer's requirements for gravel pit operators. However, effluent will only be available in the months and amounts specified in paragraph 2, subject to paragraph 4. This lease may be extended for up to five one-year periods to and including April 1, 2009 to March 31, 2010, if agreed to by letter between SW-TKO and Thornton prior to March 1 of each of these succeeding years. 2. Leased Effluent Amount. THORNTON shall provide for LESSEE'S use the following amounts of reusable water discharged by THORNTON as effluent from METRO to the South Platte River during the months set forth. APPENDIX D CITY OF THORNTON REUSABLE EFFLUENT LEASE • Lase No. W-1737 Page ,2 4. The source of water is :. groundwater 5. The date of appropriation: Heit Well No. 1 - 20136-first appropriation - June 14, 1954 Second appropriation April 15, 1964 • Heit Well No. . — 9495-May 23, 1938 6: The amount of water: Heit Well No. 1 - 20136- first appropriation 1.78 cubic feet per second. Second appropriation-1.22 cubic feet per second. ' Heit Well No. 2 '- 9495-.0555 cubic feet per second I 7. The use of the water: Heit Well No. 1 -. 20136-irrigation of the NEB of the SEA, the East 16 acres of the NW; of the SEq, the South 19 acres of the Sk of the SE; of the NE; and 5 acres in the SE corner of the SW; of the NE; all located in Section 13, Township 2 North, Range 67 West of the 6th P.M.., Weld County, Colorado. Heit Well No. 2 - 9495-domestic DATED, this day bf �� it, 974 ROGER C. WILKENLq Water Referee , D vision 1 • THE COURT. DOTHFIND: NO PROTE WAS FILED IN THIS MATTER. THE FOREGOING RULING IS CONFIRMED AND APPROVED, AND IS HEREBY MADE THE JUDGMENT AND DECREE OF THIS COURT. Dated: U'- JJpv .1979 illidig JUDGE D NALD ENTER Water Judge, Division 1 8195 --' FILED IN WA"CR COURT .. DIVISION WELD CO.. COLA OCT 1 01974, LOTS comma • IN THE WATER COURT IN AND FOR WATER DIVISION I , STATE OF COLORADO • CASE NO. W- 1737 IN THE MATTER OF THE APPLICATION FOR WATER RIGHTS OF ) FINDINGS AND RULING OF THE REFEREE CASPER HEIT, SR. ) AND DECREE OF ) THE WATER COURT - IN WELD COUNTY - ) THIS CLAIM, having been filed with the Water Clerk, Water Division' I , on December 27, 1971 and the Referee being fully advised in the premises , does hereby find: All notices required by law of the filing of this application have been fulfilled, and the Referee has Jurisdiction of this application. No statement of opposition to said application has been filed, and the.time for filing such statement has expired. All matters contained in the application having been reviewed, and testimony having been taken where such testimony is necessary, and such corrections made as are indicated by the evidence presented herein, IT IS HEREBY THE RULING OF THE WATER REFEREE AND DECREE OF THE COURT THAT: 1. The name and address of the claimant: Mr. Casper Heit, Sr. Route 1 Box 296 Fort Lupton, Colorado 80621 2.. The names of the structures: Heit Well No. 1 - 20136 Heit Well No. 2 - 9495 3. .'-Theolegal description of the structures : Heit Well No. 1 - 20136 is located in the NE/ of the . - SEA of Section 13, Township 2 North, Range 67 West of g the 6th P.M. , Weld County, Colorado, at a point 1350 5 feet North of the South Section Line and 40 feet West Jof the East Section Line. 5 Heit Well No. 2 - 9495 is located in the SE1/4 of the NEq . of Section 13, Township 2 North, kange 67 West of the 6th P.M. , Weld County, Colorado, at a point 2675 feet c1 North from the South Section Line and 950 feet West of 5t.• the East Section Line. $u) . , a -819 4 APPENDIX C HEIT WELL#20136 DECREE osa �OHIO MUM 1111111111111111111111111111liii 3506094 099/19/2007 10:1SA Weld County,Co 1 et 5 II 26.00 0 0.00 Steve Moreno Clerk&Recorder EASEMENT AGREEMENT AND GRANT THIS EASEMENT AGREEMENT AND GRANT("Agreement") is made this day of _,2007 by and between Meadow Island Irrigation Company No. 1, 9826 State Highway 66, Platteville,CO 80651 ("Grantor"),and SW Chambers, LLC, 333 West Hampden Avenue, Suite 810, Englewood,CO 80110 ("Grantee"). WHEREAS,Grantor is the owner of certain real property located in Weld County, Colorado,as more particularly described in Exhibit A attached hereto(hereinafter referred to as the"Easement Property"). WHEREAS,Grantee is the owner of certain real property located in Weld County, Colorado,generally known as Lot A,RE-4554,as more particularly described in Exhibit B attached hereto(hereinafter referred to as"Lot A"). WHEREAS,Grantee desires to obtain an easement across the Easement Property for the purposes of ingress,egress and access to and from Lot A for one(1)single-family residence. WHEREAS,Grantor and Grantee desire to enter into this Agreement to establish an easement across the Easement Property,for the benefit of Grantee,for the purposes of ingress, egress and access to and from Lot A,and to confirm the terms and conditions of the easement, and to use this Agreement to supercede and replace any common law or statutory rights of Grantee(including any historic or prescriptive rights or claims)to the easement(hereinafter referred to as"Easement"). NOW THEREFORE,in consideration of the mutual covenants and agreements made herein,the parties covenant and agree as follows: 1, Grant of Easement. Grantor hereby grants and conveys to Grantee a perpetual,non- exclusive Easement across a portion of the Easement Property. The Easement shall be thirty(30) feet in width with the course of the Easement depicted on Exhibit C attached hereto and incorporated herein by this reference. The sole purpose of the Easement is for the ingress, egress,and access to and from Lot A for one(I)single-family residence and associated use of Lot A related solely to said single-family residence. 2. Conditions of Easement. The condition of the Easement is"as is"and Grantor has no obligation of any kind or nature to maintain the Easement. Notwithstanding the foregoing, Grantee may improve the Easement to facilitate ingress,egress and access,so long as such improvements do not interfere with Grantor's rights to and use of the Easement Property. 3. Conditions of Use by Grantee. Grantee shall use this Easement solely for the purposes of ingress,egress,and access to and from Lot A for one(I)single-family residence and associated use of Lot A related solely to said single-family residence. Grantee shall conduct its use and activities regarding the Easement granted herein in a reasonable and workmanlike manner. 4. Maintenance of Easement. Grantee shall be solely responsible for maintaining the Easement. Promptly after any entry on the Easement Property that results in any disturbance or damage to the Easement Property,Grantee shall give notice to Grantor and shall restore the Easement Property as nearly as reasonably possible to its condition existing prior to such disturbance or damage. 5. Grantor Reserved Rights. Grantor reserves the right,at its sole discretion,to use, improve,maintain,sell or otherwise dispose of the Easement Property in any manner that does not interfere with the use rights granted to the Grantee herein. In the event of any damage to the Easement Property as a result of the Easement granted herein or the failure of Grantee to maintain the Easement as necessary to avoid damage Grantor's property,and after notice to Grantee,Grantor will have the right to perform such maintenance or other required actions,and Grantee will promptly reimburse Grantor for its reasonable costs. 6. Covenant to Run with the Land. This Agreement shall run with the land for the benefit of Grantor and Grantee,burdening the portions of the Easement Property subject to the Easement 11111111111111111 11111111111 Bin111 Till 3506094 09/19/2007 10::10A Weld County,Co 2 or 5 R 26.00 0 0.00 Steve Moreno Clerk 8 Recorder Easement Agreement and Grant Meadow Island—Grantor Page 2 of 3 granted herein for the benefit of the Grantee's Lot A,and shall be binding on and shall inure to the benefit of the parties of this Agreement and their respective successors and assigns. 7. Indemnification. Grantee agrees to indemnify,defend and hold harmless the Grantor for any and all claims,liability,actions,suits and damages including,without limitation,attorneys' fees,to any person or property,resulting from Grantee's,or Grantee's representatives,use of the Easement granted herein or the exercise of Grantee's rights regarding the Easement granted herein. 8. Notices. Any notice required or permitted by this Agreement shall be in writing and shall be deemed to have been sufficiently given for all purposes if sent by certified or registered mail, postage and fees prepaid,addressed to the party to whom such notice is intended to be given at the address set forth below,or at such other address as has been previously furnished in writing to the other party. Such notice shall be deemed to have been given when deposited in the U.S. mail. GRANTOR: Meadow Island Irrigation Company No. I 9826 State Highway 66 Platteville,CO 80651 GRANTEE: SW Chambers,LLC 333 West Hampden Avenue, Suite 810 Englewood, CO 80110 9. Exhibits. All Exhibits referred to in the Agreement are,by reference,incorporated in this Agreement for all purposes. 10. Paragraph Captions. The captions of the paragraph are set forth only for convenience and reference,and are not intended in any way to define,limit or describe the scope or intent of this Agreement. 11. Additional Documents or Actions. The parties agree to execute any additional documents and to take any additional action necessary to carry out this Agreement. 12. Integration and Amendment. This Agreement represents the entire agreement between the parties and there are no oral or collateral agreements or understanding. This Agreement may be amended only by an instrument in writing signed by the parties. 13. Waiver or Breach. The waiver by any party to this Agreement of a breach of any term or provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach by any party. 14. Binding Effect. This Agreement shall inure to the benefit or,and be binding upon,the parties and their respective legal representative,successors and assigns. 15. Governing Law. This Agreement shall be governed by the laws of Colorado. 16. Execution and Counterparts. This Agreement may be executed in several counterparts and,as so executed,shall constitute one Agreement,binding on the parties even though all parties have not signed the same counterpart. Signatures received by facsimile are deemed acceptable as if original signatures. 17. Effective Date. This Agreement shall be effective as of the date when the last signatory, which shall be the Grantor,executes this Agreement. 18. Recording. This Agreement may be recorded in the office of the Clerk and Recorder of Weld County,Colorado. 11111111111111111111111111111111 11111111111111111 I I I I 11111 3505094 09119/2007 10:19A Weld County,CO Easement Agreement and Grant 3 of 5 A 25.00 D 0.00 Stew Moreno Clerk 8 ReeortlerMeadow Island-Grantor Page 3 of 3 In witness whereof,this Easement Agreement and Grant is executed to be effective pursuant to paragraph 17 above. GRANTOR: Meadow Island la Irrigation Company No. 1 ,Z By: /f r/ Date: 9'/1-a 7 Signature /lc/e c' 4 in- Printed Name lie es.'44,..,/" Title County of Weld ) ss State of Colorado ) ti This document was know edged before me 0 i /PI# day of /�7r-eif.A—• e 2007,by , Adlit e. <eaIt , as Pies: of Meadow Island Irrigation ompany No. 1. Witness my hand an official seal. $.KI?q�, i hied 2- /��t1Lu 'o Notary Public O My Commission expires: /r/ac+�q "9� /QP c.OF CO\ic GRANTEE: SW Chamber By: _ Date: 141/O 7- Signature Printed Name Al V Title County of 6Q )ss State of Colorado ) �1, This document was acknowledged before me this ill" day of Eal.IrsklLh. 2007,by raitha l• C uobbll , as_bpaMaer of SW Chambers, LLC. a Witness my hand and official seal. O0-1 P(/8��1 / @. .1. ' CISNot Public •' . MICHELEH. I% o 44tin RENO of. My Commission expires: d- I i"OO ��4�:••.., �P, F0F CON-`• .wires My Comm Expires ;.1146. 111111111111111111III Iii 1111111111111 III hilt IIII lilt 3505094 09/19/2007 10:18A Weld County,CO 4 of 5 R 26.00 0 0.00 Steve Moreno Clerk&Recorder PROPERTY DESCRIPTION Exhibit-A (I of 2) A parcel of land being part of a parcel of land described in Book 314 Page 440 (8314P440)located in the North half of the Southeast Quarter(N1/2SE1/4)of Section Thirteen(13),Township Two North(T.2N.),Range Sixty-seven West(R.67W.)of the Sixth Principal Meridian(6'"P.M.),County of Weld,State of Colorado,and being more particularly described as follows: COMMENCING at the Southwest corner of said Nl/2SE1/4 and assuming the South line of said N1/2SE1/4 as bearing South 89°57'56"East,being a grid bearing of the Colorado State Plane Coordinate System,North Zone.North American Datum 1983/92, with all other bearings contained herein being relative thereto; THENCE South 89°57'56"East along said South line a distance of 523.71 feet to the East line of the parcel described in said B314P440; THENCE North 08°26'51"West along said East line a distance of 5.92 feet to the POINT OF BEGINNING; THENCE North 83°12'24"West a distance of 103.65 feet to the West line of the parcel described in said B314P440 THENCE North 08°26'51"West along said West line a distance of 31.09 feet; THENCE South 83°12'24"East a distance of 29.20 feet; THENCE North 07°59'09"West a distance of 382.69 feet to the South line of the Meadow Island Irrigation Company No.I ditch; Thence along said South line the following Four(4)courses and distances; THENCE South 52°23'58"East a distance of 5.76 feet; THENCE South 64°06'57"East a distance of 20.85 feet; THENCE South 32°36'49"East a distance of 12.22 feet; THENCE South 44°55'19"East a distance of 5.93 feet; THENCE South 07°59'09"East a distance of 359.02 feet; THENCE South 83°12'24"East a distance of 43.42 feet to the East line of the parcel described in said 5314P440; THENCE South 08°26'51"East along said East line a distance of 31.09 feet to the POINT OF BEGINNING; Said Parcel contains 14,315 sq.ft.more or less(+/-),and is subject to any rights-of-way or other easements of record as now existing on said described parcel of land. SURVEYORS CERTIFICATE I.Lawrence S.Pepek,a Colorado Registered Professional Land Surveyor do hereby state that this Property Description was ed under my personal supervision and checking, and that it is true .rid cor - t r knowledge and belief. • t s °r^''•ittt S • . r,. Laws e S.Pepek-on b,i- .of Inc Sun( s,Inc. Co .rado Registered Profes'trr•.l. .4 Land Surveyor #33642 ' Ss'0iv#O.5- KING SURVEYORS,INC. 650 Garden Drive Windsor,Colorado 80550 (970) 686-5011 O:\20065301Desc Closure\Easement-Desc.doc EASEMENT EXHIBIT SEC. 13, T.2N., R.67W. • (2 OF 2) L8 \ \ L9 I I L10 I I L11 i I\ I 1 I 1 I I I f 11 1 1 \ 50 25 0 50 EASEMENT 14,375 sq./f. 1 I '• . 1"- 50' 1 I ZI I pl I • �4 194 •I LINE TABLE X01 i� I LINE BEARING LENGTH 01 O L5 NOB-26'51"W 5.92' 1 1 v I L6 N0826'51"W 31.09' Ems E I I ITn - L7 563'12'24"E 29.20' g I I ( L8 55223'58"E 5.76' bOa CO1 C 1 I Irall e L9 564'06'57"E 20.85' moo₹ NI L10 w L10 532'36'49"E 12.22' �D t1 I� LII 544'55'19"E 5.93' =3 2 -1 1 O L12 583'12'24"E 43.42' =vE I 1 iN 1 L13 508'26'51"E 31.09' �3 I 1 1 a I 1 •I N i 1 1 • o ' 1 �. lage 1 1 �.. par, 1 I I 1 '. I 1 e I 1 - 0 I 1 L7 . L12_ 0) 1 1 I--N83'12'24"W ILA POINT OF BEGINNING 523.71' 103.65 - L6 POINT Cf COMMENCEMENT r 589'5T56'E 2615.22' SOUTH SIXTEENTH CORNER J CENTER SOUTH SIXTEENTH CORNER I I SEC. 13, 7.2N. R.67W. SEC. 13, T.2N. R.57W. I SEC. 18, T.2N. R.66W. 1 1 4'" . S !I 4 .. NOTE: This exhibit drawing is not intended to be a 4�r O monumented land survey. It's sole purpose is as a 7graphic representation to aid in the visualization of Lowre . Pepek — on be of King Survey Inc. the written property description which it accompanies. Color Registered Professio . The written property description supersedes the Land Surveyor #33642 Sg! .NO exhibit drawing_ L1 KING S YOBS INC. PROJECT NO:2006530 DATE:01-04-07 650 Garden Drive I Windsor,Colorado 80550 CLIENT:SOUTHWESTERN phone:(970)686-5011 ! fax:(970)686-5821 DWG:2006530EASE.dwg www.kingsurveyors.com DRAWN:PG CHECKED:LSP 111111111111 Jill!111111:':rIJ 111111111111111 (111III! 3196774 07/08/2004 10:474 Weld County, CO 1 of 3 R 16.00 0 225.86 Steve Moreno Clerk& Recorder 714 SPECIAL WARRANTY DEED THIS DEED, made this )t day of June, 2004 between Cheshire Investment, LLC, a Colorado limited liability company, GRANTORS,whose address is 650 South Cherry Street, Suite 920,Denver, Colorado 80246, and SW Chambers, LLC, a Colorado limited liability company, GRANTEE, whose address is 333 W. Hampden Ave., #810, Englewood, Colorado 80110. { WITNESSETH, that the Grantors, for and in consideration of the sum of Ten Dollars )\) tk)`Q. ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is rS hereby acknowledged, has granted,bargained, sold and conveyed, and by these presents does + grant, bargain, sell, convey, and confirm, unto the Grantee, its heirs, successors and assigns forever, all the real property, together with improvements, if any, situate, lying and being in the County of Weld, State of Colorado, described as follows: See Exhibit A attached hereto and incorporated herein by this reference together with 101 shares of The Lupton Meadows Ditch Company presently evidenced by Certificate Number 553 and all other water and water rights appurtenant to the real property described on Exhibit A attached hereto and incorporated herein, including,but not limited to, tributary, not non-tributary, non-tributary water and water rights. AND All minerals and mineral rights, together with improvements, if any, appurtenant to the real property described on Exhibit A attached hereto and incorporated herein by this reference, except for any and all of Seller's rights in and to oil, gas and other hydrocarbons associated with said real property. TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right title, interest, claim and demand whatsoever of the Grantor, either in law or equity, or, in and to the above bargained premises, with the hereditaments and appurtenances; TO HAVE AND TO HOLD the said premises above bargained and described with the appurtenances, unto the Grantee, its heirs, successors and assigns forever. The Grantors, for themselves, their successors and assigns do covenant and agree that they shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable possession of the Grantee, its heirs, successors and assigns, against all and every person or persons claiming the whole or any part thereof, by, through or under the Grantor. Page 1 of 2 INC (/ 1111111111111111►uu►,ill 11111 1111 1111 l • 1111111411111111oD 226867 Steve lMoreno Clerk& Recorder 2 of IN WITNESS WHEREOF, the Grantors have caused their names to be hereunto subscribed the day and year first above written. GRANTORS: Cheshire Investment, LLC, a Colorado limited liability company By: Shamrock Holdings Group, LLC, a Colorado limited liability company, Member By: Its: Asi t✓ STATE OF COLORADO ) ) ss. COUNTY OF O#'vp Xo-e ) The foregoing instrument was acknowledged before me this 18 day of Q(//),(__ 2004 by (La Greo.t4 d as A_4. Yy1 o r- of Shamrock Holdings Group, LLC, a Colorado limited liability company as Member of Cheshire Investment LLC,a Colorado limited- liability company. ADRIAN D. MORRIS NOTARY PUBLIC Witness my hand and official seal. STATE OF COLORADO My commission expires: y/-o1 My Commission Expires Aug.i,2004 Notary ublic Page 2 of 2 111111 JIIII liii 11111 liii!! ha i�,ti1 III liii I III ; : z . 3196774 07/08/2004 10:47A Weld County, CO • 3 of 3 R 16.00 D 225.86 Steve Moreno Clerk& Recorder f, Exhibit A ' LEGAL DESCRIPTItI.. • `Lot 4. ..it, the S1/2 'coif• NE1/,'4 •of Section '13; • : 'Lot::5 in_.the .N112.:'of-.SE1/4: -of Section.•13, . • . .. - Lot, 6.'44.1 the`$1/2;..'of_ $E11,4'-of: Section: 13,' _ • • ' • . •.. all Drownsli p 2:'North p::.Range '6 7 > es t of, ;the 6ths P.m.,: ,County•o t T, - .• Stab ''r f•Colorado;,: platted as:Lupton Meadows- mod' CO , '7 vision' No X,:. `' .;: ` ' ,' . t ••& f'il .of'.. .a d 100 'feet.w d.et hang .50 .:feet.' de' 4-,; 0. h:•`.si.d€: of':the, . . ci .terl1n '•'a : The..:Denver, :Lari 'and Northwestern 1 ailvrag`:(36...7, (forme₹1 : '.,..: a. [ r�min :Ct rporation : ss bra ginallg located o al-,' -across '.ail4.'thrt3iigh ' . . . f.•'•: - of.,the SE114• OX, Se tic5t 13 t Township 2' Alb, •age 67".Went'. f • the_•6t'h`° .ICI_,' County of Weld, State of :t olorado;' :Said•ce₹iterla .,being':.F I ` ze =' Zy, de -Ibes as foll91'7 .--,':,.-s .. i` t,.f : :.i1 B agii ling' at a point o f•the:,,:sou . ne` rf..'said *wit*.af•'•SE1 :o 'seict '' �: -. Sec.ian �13 r'•••ar-!.astanee of :465. feet`; ore or 1esey-�'£as:,,t.•cf he' sou h t'•'• .1.;--,.'''''• : i":'....".'r a, corn of..:said-- 1/4 of.S$l/4 of: said'Seotio 13;` :": ; :" .. :`'..thence: NNorth'::07 -- 3egrees 58 •minutes •West•:-to.a.- punt•oiA:s t�ie''Na °`line cif` ;said 1 4-': f 8E114 ;'of 'said:Sectis n 3, a distant of 11fik 'feet-,:,more or, . • 3 e , l • iesa .:,.Eas : of'the 1`otth crest''corner. o• f°''.wild_., 114•;:of :5E1'14 of: Sid:Section' •` : ,' ''13' ,• (Be .ng'•a •p+ortxoh- of•:the'°strip'of•.,hand: described-E •u;:that,'ce taro 'd•eed..';j.: ..` '° `recorded •in•`T ok-- i4'`at page 44:O71. ,� . ' f . S. r .. LXCEPTI tG. ' '• -- •2QM"'a.•trace„of land.'ct n.�+eg4d.'•to'''' e3.d Ct iit:tgr bg.,,:•,,I.:6,...",,,..: - _ r ' -. '. }.. : ].2; .1914, .i.. reatir.6d...;d'uri '.. in: 80O.I. 393 at e ? , ' MISC3.:' C•`" ' . 1RFFROMt:'a ,tract of land's" veyed,to 4 ado Island•• . Irr• 'itJa •on '+Campaix ••r Noy 1•;;by Deed •7rc corde Barg .Z ;:, E ' . •.I. '' d. riiy. �� -].967•_ ixi: aQ1t.,-,5'17;4•ns-.' _ I. tion6 No.E 14993 #8 s t • • •• .. • • • •ii •3, :'j. - .. ... If .. sr: ref"'• � •t •'y - -s:••t �t�'! • •• i f•_, 0CT-13-2006 FRI 1015 AM FAX NO, P. 02 CERTIFICATE OF CONVEYANCES WELD COUNTY STATE OF COLORADO DEPARTMENT OF PLANNING SERVICES COUNTY OF WELD Transnation Title Insurance Company hereby certifies that it has made a careful search of its records and finds the following conveyances affecting the real estate described herein since August 30, 1972, and the most recent deed recorded prior to August 30, 1972. LEGAL DESCRIPTION SEE ATTACHED EXHIBIT "A" CONVEYANCES (If none appear, so state): Reception No. 996907 Book 1195 at Page 542 Reception No. 1046574 Book 1238 at Page 252 _Reception No. 1649416 Book 727 Reception No. 1864322 Book 942 Reception No. 1864323 _ Book 942 Reception No. 2172701 Book 1226 Reception No. 2172702 Book 1226 - Reception No. 2172703 _ Book 1226 Reception No. 2172704 _Book 1226 Reception No. 2172705 Book 1226 - Reception No. 2172706 Book 1226 Reception N0. 2172707 _Book 1226 Reception No. 2172708 Book 1226 Reception No. 2172709 Book 1226 Reception No. 2172710 Book 1226 Reception No. 2687542 Book Reception No. 2748554 Book Reception No. 2892453 Book Reception No. 3161451 Book Reception No. 3187569 Book Reception No. 3196774 Book This certificate Is made for the use and benefit of the Department of Planning Services of Weld County, Colorado. This certificate is not to be construed as an Abstract of Title, Opinion of Title or a Guarantee of Title and the liability of Transnation Title Insurance Company is hereby limited to the fees paid for this Certificate. In Witness Whereof, Transnation Title Insurance Company, has caused this Certificate to be signed by Its proper officer this 9th day of October, 2006, at 7:00 am. Order No. TNGR0001427 Transn i n Title I nce Company By Authorized Signature File No. TNGR0001427 EXHIBIT A Lot 4 in the S1/2 of NE1/4 of Section 13; Lot 5 in the N1/2 of SE1/4 of Section 13; Lot 6 in the N1/2 of SE1/4 of Section 13; all in Township 2 North, Range 67 West of the 6th P.M., County of Weld, State of Colorado, platted as Lupton Meadows Land Co., Division No. 1; ALSO A strip of land 100 feet wide, being 50 feet wide on each side of the centerline of The Denver, Laramie and Northwestern Railway Co. (formerly a Wyoming Corporation). as originally located over, across and through the NW1/4 of the SE1/4 of Section 13, Township 2 North, Range 67 West of the 6th P.M., County of Weld, State of Colorado, said centerline being more fully described as follows: Beginning at a point on the South line of said NW1/4 of SE1/4 of said Section 13, a distance of 465 feet, more or less, East of the Southwest corner of said NW1/4 of SE1/4 of said Section 13; thence North 07 degrees 58 minutes West to a point on the North line of said NW1/4 of SE1/4 of said Section 13, a distance of 270 feet, more or less, East of the Northwest corner of said NW1/4 of SE1/4 of said Section 13; (Being a portion of the strip of land described in that certain deed recorded in Book 314 at Page 440) EXCEPTING THEREFROM a tract of land conveyed to Weld County by deed recorded June 12, 1914 in Book 393 at Page 416. ALSO EXCEPTING THEREFROM a tract of land conveyed to Meadow Island Irrigation Company No. 1 by Deed recorded January 23, 1967 in Book 577 as Reception No. 1499388. y f fit i I-Y' -. 5i1 A.cr {i19. 'fix ti *, e f r • S..tEf. .. ;�^r• +• s¢s r V s 1 i s 'tic ks*may ,1 k- '0. .01 ...T k r a.r t II r %5 ,a s, e $ ..su n.-4 x�c,;4 ii.,..-,...-J.,...,... ;... ,,,- .'r L _n t 1'. ; rn.tr •a141 it ff. key �itrF .T,...iz.�,� F'"_I_�rry.� 1} ':-++oi- '�'ti!'•4�'- i'"9 x• '� -i" v s , d-14, ?. Try P3' I.r r ,r.- 9, .. 43,-,,r.. -...44t....' -{ t. „�r" '✓ 4 r, cr 'i' +�.' 4±4'14+y�s . 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T 1 tl 800x1238 Mcf2J2 - .QUI CLAIFI THIS DBBD, Made,this iith 'day of October:- in-the year of our„Lord one thousand nine hundred forty-eight,_between TRR.OREAT,YIBSTRRN RAILWAY COMPANY, a corppOeatien duly organised and-.existing.under and .l by-virtue of•theaws-of'the State of 4olO'ado, o., theI tirAt part,_ and Casper Beit, of the.-iikAxxxxx-County of Weld , and State of Colorado, of """"' t . the second part, - - WITNESSETN, That the said party of the first part for • - and in consideration'of the sum of-Ten Dollars ($10.00) and aehet: -good-.and•valuable.00nsidereticns, to the said party of the first part in hand paid by the said party__ of the second part, .the - - reoeipt whereof is hereby confeaeeand acknowledged, bath remised, released, Sold,'Conveyed and QUIT CLAIMED, and by these presents . doth'remise, release, sell, convey and QUIT. CLAIM unto the said • party of the second part, hie_ heirs and assigns forever, all the right, title,- interest, TaIm and demand which the said party of the first part hats in and to ti-s following described real - estate situate, 'lying and being in the County of _Weld , and - State of Colorado, to-wit: A strip of land 100 feet wide, containing 3.03 acres, more or lase, being 50 feet wide on each side of the center line of The Denver, Laramie and Northwestern Railway Company (formerly a Wyoming corporation), as originally located, over, 'across and through the NW+ of the SRI' of Section 13, Township 2 North, Range 67 West Of the 6th P.H. said center line being more fully described as follows; Beginning at a point on the south line of said NW} of.SEI of said Section 13 465 feet, more or less, east •. of the southwest corner of said NWt of SEI of said Section 13; • thence N.7°589 N.-to a point on the north line of said 164 of SR} of said Seotion•l3 270 feet, more or lees, east of the northwest corner of said Wilt of SE* of said Section 13. (Being a portion of the strip-of land described in that certain deed recorded in Book 314, at page 440,-of the records in the office of the Clerk and Recorder of Weld County, Colorado.) • • • • • - Excepting and reserving,- htwsw.1, unto sal^. party of the first part, its euccossors and asoldna, all ores and minerals, in-_ . ,. eluding oil and gas, with full rights to mine, drill for and extract the same and the rights of access to, and the use of .,he surface of said land, as may be necessary or incident to this reservation. Subject to all rights, rights of way and easements for pipe lines, power lines, telephone lines, roads and ditches, and other and different facilities, if any, now existing or of record_ affecting said land; and subject to all obligations of record of • said party of the first part, or of the owner of said premises, with respect to said property, which said party.__ of the second part hereby assumes and agrees to keep end perform. It is under- stood that no water or water rights are included in this deed. It is further understood and agreed that said party of the first part hereby reserves title to and ownership of all build- . ings; structures, railroad facilities and equipment located on said land, including, but not limited to, rails, ties, switches, bridges, bolts, nuts, spikes and all track accessories; and said party of the first -part shall have the right to use to and-includ- ing the 15th day of October, 1940, the rails and roadbed as presently constructed on said land, for the removal and transpor- tation of any`and all of such property so reserved by said party of the first part, and other property formerly comprising the viattenberg Dranch of said party of the first port, and also gravel from the gravel pits of said party of the first part. TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging, or in anyvise thoreunto appertaining, and all the estate, right, title, Interest and claim whatsoever, of the said party of the first part, either in law or equity, to the only proper use, benefit end behoof of the said party of the second part, his heirs and assigns forever; subject nevertheless to all exceptions, reserve- - tions, rights, rights of way, easements and obligations hereinbefote set forth. IN WITNESS WHEREOF, The said party of the first part .hakh-caused its corporate name to be hereunto subscribed by its -11.!!aRgj`tlresident, and its corporate seal to be hereunto affixed, :'5'.•,i.tb4iin,,d by its Assistant Secretary, the day and year first above ;' T.A no} THE GREAT WESTERN RAILWAY COMPANY, Attes X, ry /J 'LCD/ � �a1_of \/4-, tt\a ' a-�� By e _mss✓/'�'"J President NJ, a,,kssistte pry - STATE OF COLORADO, )} j City and-County of Denver. ; as. _1 a} iun The foregoing instrument was acknowledged before me q 1, 'tt�i' }?ttj day of. October , 1946, by Frank A. Kemp .g. I !-' re 4 t, president.and J. G. Eisler as Assistant Secretary of u- .10r Oat Western Railway Company, a corporation. • c i .. Witness m hb�aa9yt Yeial seal, My commission 1 iaq '�lLe M,.Cvm,nitxWe G ras u t i 1 _ n• ,ttji }a „: .. Notnry Public eooltt Reco sad at—� atoll of —SEC_2 1924_T __ ' I • y •�? 72"`- - Reception No 2649416 _ • c Alt. i Jlt. a eordu • • - Tins DEED, Made this 29th day of November ,1974, ' • behdem''.• f , ' GOTTLIEB HEIT, a single man Slate Documentary Fee toJ the Coady.of Weld end DEC -21974 state of Colorado, Dale of the find part,and - S_4 'I a ' CASPER HEIT, JR. rn ‘0. of the empty of weld and State of Colorado,of the second part: N, . 'rt WITNFP9ECR.That the said pert y of the first part,for and in consideration of the sum of - - Other valuable consideration and One Hundred and No/100 - - DOLLARS, o • to the said part y of the filet part In hand pald by the said part y of the second pan,the receipt whereof la o hereby confessed and acknowledged,ha S granted,bargained,sold and conveyed,and by these presents do G grant,bargain,sell,convey and confirm,unto the said party of the second part, holm and a.^igna forever,all the following described lot or parcel of band,situate,lying end being in the County of weld and State of Colorado,to-wit: eV V ,�. All of my right, title and interest in and to, w o Lot 4 in the Sri of NEh of Sec. 13; Lot 5 in the Nlf of SE% of Sec. 13; Lot 6 in the N SEt of Sec. 13; All in T2N, R67W of the 6th PM, Weld Count Colorado. AL SO A strip of land 100 feet wide, containing 3.03 acres, more or less, being 50 feet wide on each side of the center line of The Denver, Laramie and Northwestern Railway Co. (formerly a Wyoming corporation) , as originally located, over, across and through the NWrg 'of-..the SE4 of Sec. 13, T2N, R67W of the 6th PM, said centerlficleing more fully described as follows: Beginning at al )the South line of said NWt of SE' of said Sec. 13, 465.-feet',1 oY®'or less, east of the SW corner of said NW: of SE" ofs ' Set- 13; thence N7°58' W to a point on the north line of say'd :kWh of SEt of said Sec. 13, 270 feet, more or less, east-oVIVHA'\N[y corner of said NWt of 5Eh of said Sec. 13; (Being a portion,.oP'.the strip of land described in that certain deed recordpd 'i$ Book 314, Page 440 of the records in the office of the Clerk and Recorder of Weld County, Colorado.) Together with 101 shares of the capital stock of the Lupton Meadowe twitch Co. • r�ypF • Ten6Tmin with all and singular the beceditaments and appurtenances thereto belonging, or.in anywise appertaining.end the reversionand reversions,remainder end remainders.rears,lasses and pronto thereof;and all the estate,right,title,interest,claim and demand whatsoever of the said part y of the fu-st part,either in law or equity,of,In and to the above bargained premises,with the heredrtamenta and appurteranes& 0 No.463. anaarrr 13480—Per pWsensWar,M--a Mimi Publishing 0.1L"-ra Saud alai Dana,mist—n-4J SW..., 1649416 "29 TO HAVE AND TO HOLD the said pre mien above'bwgalned and described,with the appurtenances,unto the rid part y, of.the second part,his heirs and assigns forayer.And the said part Y of the first part, forhim eel f,. :helni,executors,and'administrators,does covenant, grant,bargain and agree to and with the said party of the second pert,his heirs'and assigns,that at the time of the messing and delivery of these presents he is well seized of the premises above conveyed, as of good, ease, 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 mariner and form as aforesaid, and that the same are free sad dear from all former and other grants,bargains,sales.Hens, taxes, assessments and eneumbmaces of whatever kind or nature waver. and the above bargained premises in the quiet and pesevsble possession of the said part y of the second part, his heirs and assigns against all and every person or persons lawfully clabaing or to claim the whole or any part thereof,the said part y of the tint part shall end will WARRANT AND FOREVER DEFEND. IN\FITNESS WHEREOF,the sate part y of the lint part has hereunto set his hand and sal the day and year t above written. r W 'r Signed,sealed and Delivered In the Presence f .LI ttA'a. [SEAL] Go�trie liea. , a sing re m .-___[SEAL] •___.:,]s.RR'F-C ------....—.._ ...-- ----"---•--- '-- [SEAL] • k�¢_a OIAHADO, 1.8. - . ` .---1e..tit y,4 Adams~:��{�t...w"Ifs 4old ant was aelmowledged before me this 29th day of November . fp74' F... ry Heit, a single man. W .e.. hly ,. w,t�axplres October 26, ,19 75tptes�d and d� Nouvr'"'fvatk. g '$ k �' E ° d s ` i -, eatjSI I gay f (( LLI 1 1 I i xilliz E )1 C lino iI I . 1 1 1 E UUsB $ /� 1 oc111aN ... ! 8 T 1 1e�I I 4 11 £ w Z ( ietj my '� i h 4.I I z co 3 1 i N IuaaLi. j I w 13 I1 1 ' I I f 1 1 g ,411 ,F z ( : • 8fi LP HI : . w Y M A ! Him is 1 I . . �, wo l m .H W 1 1 I • ECrc l2 9ECEPTiCN Viii-1:i:':.. Jut 2 4 ;5c OATS_. . F.�•111MP1 • tinki FELEfSTEU:. De::: and R:erd.. v.•_ � .96 PERSONAL REPRESENTATIVE'S DEED (TESTATE ESTATE) THIS DEED is made by LEONARD BELT and ANNA SCHMIDT as Co-Personal Representatives of the Estate of Casper Pelt. Jr.. also known as Casper F. Heft, also known as Casper Fred Bait, deceased, Grantor, to: GOTTLIEB HEIT, 13174 Weld County Road 36, Platteville, Colorado 80651: ANTONE HEIT, 3465 Weld County Road 23, Fort Lupton, Colorado 80621; JULIA SACK, Route 4, Box 265, Brighton, Colorado 80601; !CATHERINE WCERTZ. 4424 Weld County Road 47,Hudson, Colorado 80642; GEORGE HEIT, 8224 Louise Drive, Denver, Colorado 80221; JOHN REIT, 814 South 7th Street, Rocky Ford. Colorado 81065: ANNE SCHMIDT, 13G South 8th Avenue, Brighton, Colorado 80601; ELIZABETH v:LTHINGTON, 4520 Weld County Road 27, Fort Lupton, Colorado 80621; MARY MORGAN, 414 1'arion Avenue, Platteville, Colorado 80651; LEONARD REIT, 0923 Teller Court, Arvada, Colorado • 80003; Grantees. WHEREAS, the above-named decedent in his lifetime made and executed his Last Will and Testament dated April , 19 79 , which Will was duty admitted to (fdt*J;tiI (informal) probate On December 27 19 79 , by the District Court in and for the County of Adams . State of Colorado , Probate Na. 79PR331 . WHEREAS, Grantor was duly appointed Cc-Personal Representatives of said Estate on December 27 , 19 79 , and is now qualified and acting in said capacity. . NOW, THEI(EFORE, pursuant to the powers conferred upon Grantor by the Colorado Probate Code, Grantor does hereby sell, convey, assign, transfer and set over unto Grantee (jndvipx3anan ektf{ez,nrtd;insassichreationx£xx lfl)acs) (As the person entitled to distribution of the property under the above captioned Will) the following described real property situate in the County of Weld , State of Colorado An undivided one-eleventh (1/111 interest in the following described real estate: Lot 4 in the S 1/2 of NE 1/4 of Section 13: Lot "a in the is 1/2 of SE 1/4 of Section 13; Lot 6 in the N 1/2 of SE 1/4 of Section 13; All in Township 2 North, Range 67 West of the Gth P.M., Weld County, Colorado. ALSO A strip of land 100 feet wide, containing 3.03 acres, more or less, being 50 feet wide on each side of the centerline of The Denver, Laramie and North- western Railway Co. (formerly a Wyoming corporation), as originally locatcG over, across and through the NW 1/4 of the SE 1:'4 of Section 13, Township 2 North, Range 67 West of the 6th I'.3l., sniti centerline being more fully des- cribed as follows: Beginning at a point on the South line of said NW 1/4 of SE 1/4 of said Section 13, 465 feet, more or less, East of the SW corner of said NW 1/4 of SE 1/9 of said Section 13; thence N7°58'W to a point on the - North line of said NW 1/4 of SE 1/4 of said Section 13, 270 feet, more or less. Eat of the NW corner of said NW 1/4 of SE 1/4 of said Section 13; (Being a portion of the strip of land described in that certain deed recorded In Book 314, Page 440 of the Records in the Office of the Clerk end Recorder of Weld County, Colorado.) With all appurtenances, free and clear of liens and encumbrances, except: None As used herein. the singular includes the plural and the masculine gender 942 1.41;.132;' cox RECEPTION a-� lie;feminilm and neuter genders as the context may require. Executed this 20th day,of July )9 St • 7- Leonard licit • Anna Schmidt as Co-Personal Representatives of the Estate of Casper licit, Jr., also known as Casper F. Veit, also known as Casper Fred Veit, Deceased. STATE OF COLORADO ) ) ss. County of Adams The foregoing instrument was acknowledged before me this 20th day of July , 18 81 , be Leonard lleit and Anna Schmidt as Co-PerSlat: Representatives of the Estate of Caspe itgit, Jr., also known as Casper F. licit, also known as Casper Fred Iteit, Deceas A:".. • F „ Ys..1ttness my hand and official seal. 'tjl•cnmmission expires: Joouar. 71, 1983 f F 'Yofar'$-PuUlic !� J Si. kan Swartz 25 uth Fourth Avenue Brighton, Colorado 80601 • lhl;•13:23 Jul 2 4 1231 c�r" 7fv��,,rt.� 600K 942P.ECEPTION DATE.... 222, ... TIMEp.. MARY ANN FEUERS(EIN, Gets on:: Records: .Ycl:• PERSONAL REPRESENTATIVE'S DEED (TESTATE ESTATE) THIS DEED is made b:• LEONARD HELT and ANNA SCHXIDT as Co-Personal Representatives of the Estate of Casper Reit Jr., also "known as Casper F. Neil, also known as Casper Fred Hett, Deceased, Grantor, to GOTTLIEB HEIT, Grantee, whose address is 13174 Weld County Road 36, Platteville, Colorado 80651. WHEREAS, the above-named decedent in tin lifetime made and executed his Last Will and Testament dated April 13, 1979, which Wilt wan duly admitted to informal probate on December 17, 1979, by the District Court in and for the County of Adams, sod State of Colorado, Probate No. 79PR331; WHEREAS, Grantor was duly appointed Co-Personal Representatives of said Estate on December 27, 1979, and are now qualified and acting in said capacity. NOW, THEREFORE, pursuant to the powers conferred upon Grantor by the Colorado Probate Cede, Grantor does hereby sell, convey, assign, transfer and set over unto Grantee. as the person entitled to distribution of the property under the above captioned lull, the following described • real property situate ir, the County of Weld, State of Colorado: An undivided one-eleventh Gill) interest in the following described real estate: Lot 4 in the S 1/2 of NE 1/4 of Section 13; Lot 5 in the N 1/2 of SE 1/4 of Section 13; Lot G in the N 1/2 of SE 1/4 of Section 13: All in Township 2 North, Range 67 West of the 6th P.M., Weld County, Colorado. ALSO A strip of land 100 feet wide, containing 3.03 acres, more or less, being 50 feet wide on each side of the centerline of The Denver, Laramie and North- western Railway Co. (formerly a Wyoming corporation), as originally located over, across and through the NW ./4 of the SE 1/4 of Section 13. Township 2 North, Range 67 West of the 6th P.M., said centerline being more fully des • - - :.ca as follows: Beginning at n point on the South line of said NW 1/4 of SE 1/4 of said Section 13, 465 feet, more or less, East of the SW corner of said NI\' 1/4 of SE 1/4 of said Section 13: thence N7°58'W to a point on the North line of said NW 1/4 of SE 1/4 of said Section 13. 270 feet, more or less. • East of the NW corner of said NW 1/4 of SE 1/4 of said Section 13; (Being a portion of the strip of land described in that certain deed recorded in Rook 314, Page 440 of the Records in the Office of the Clerk and Recorder of Weld County. Colorado.) With all appurtenances, free and clear of liens and encumbrances, La..epts None As cued herein, the singular includes the plural and the masculine gender the feminine and neuter genders as the context may require. Executed July 20 , 1981. • Leonard Ileit --- Anna Schmid[ As Co-Personal Representatives of the Estate or Casper Belt, Jr., also known as Casper F. Heit, also known as Casper Fred Heit. Deceased. .1 BOOK.s!a.ar RECEPTION..........._.._..,._.. .. a-s _ • STATE OF COLORADO ) ) ss. COUNTY OF ADANS The foregoing instrument was acknowledged before me this 20th day of July , 1981, by Anna Schmidt and Leonard Neil as Co- Personal Representative of the Estate of Casoer Heir, Jr.. also known • aa.Casoer F. Belt_ also known as Caster Fred limit , deceased. • ;.•'jv 1•" W,iirees-my hand and official seal. ='r itit Expires: January 31, 1981 r 4 •" Vu+ IC C = • j f. c l Not./t'•-Public H. 'fcop Swartz 25 South Fourth Avenue-- Brighton, Colorado 80601 B 12, REC 02172701 03/07/89 11:29 d•00 1/002 AR2172i'Ol F 0537 MARY ANN FEDERSTEIN CLERIC & RECORDER WELD CO, CO THIS DEED,Made this 28th day of February , l988 I ' between State DoounTentday Fps Mary Morgan Oslo 7 �7 ; $ of the County of and State of Colorado, of the first part.and Gottlieb Heft, Anne Schmidt, Elizabeth Methington and Leonard Melt whose legal address is 4520 Road 27 II Fort Lupton, Colorado 80621 — of the County of Weld and State of Colorado,of the second part: WITNESSETH,That the said party of the first part,for and in consideration of the sum of Sixteen Thousand and 00/100 ($16,000.00) 'DOLLARS, II Ii 7 to the said party of the first part in hand paid by the said part ies of the second part,theteccint whereof is I hereby confessed and acknowledged,has granted,bargained,sold and conveyed,and by these presents do grant,bargain,sell,convey and confirm,unto the said parties of the second part, their heirs and assigns forever,all the following described lot or parcel of land,situate,lying and being in the County of Meld and State of Colorado.to wit: An undivided one-tenth (1/10) interest in and to the following desarlbeg real estsum located in Veld County, Coler•de, ca-color r ......... . -71 Lot 4 in the S1/2 of NE 1/4 of Section 131 Lot S in the Nl/S of SS 1/4 of Section 131 gp•,. , • • v I:Ji Lot 6 in the 111/2 of RN 1/4 of Section 111 all in Township 2 North, Range 67 West of the 6th P.M., platted as LUP^ON MEADOWS LAND CO., DIYISLON NO. 11 ALSO A strip of land 100 feet wide, being 50 feet vide an e•oh side of the centerline of The Denver, Laramie and Noethwoetern Railway Co. (formerly • Wyoming Corporation), 44 ar15136117 1 d over,acroes and through the NV11a of the SI114 of Section 13, Township 2 North, Range 67 Nut of the 6th P.M., said centerline being more fully described ea !ollowsi MINIM at a point on the South line of said NV114 of 611/4 of said Section 13, 4 diatauce ,f 1. 465 feet, more or less, last of the SW corner of maid NW114 of 66114 of raid Section 14, I I thence N7°5$'V to • Aloe on the North lieu of said WW1/4 of 511/4 of said Section 11, • distance of :170 feet, more or lose, East of the NY corner of said NV1/4 of 051/4 of paid Section 13, (Being a portion of the strip of land described In that certain deed recorded in. Beek 314, Page 440) CXCIPTING THEREFROM 4 tract of land conveyed to Weld County by Deed aenrdad Juror 12, 1914 in Soak it 193 st Page 416, described as fellows, A strip of land SO feet on either side of a line beginning at a point which le 1303.6 feet North of the Southeast cornet of Section 13, Township 1 North, Range 67 Nest of the 6th P.M., thecae running West in a atralght line to the right of way of the Denver, Laramie and I North Railway Ceapany. ALSC £XCBPTIN, THEREFROM a tract of Land conveyed to Meadow Island Irriptloi Company No. 1 by II Deed recorded January 23, 1967 In look 577 as Reception No. 149935$, described as follows �I A strip of land 100 felt wide, being 50 feet wide on each side of the center line of The Denver, Laramie end Northveatnrn Railway Company (formerly a Myosin Reiteration), as orlglnslly located, ever, Herons and thrau::h the Northwest Quarter of the Southeast Quartet (WW1/4 S11/4) of Station it Thirteen (11), Township Iwo (2) North, Range 47 West of the 6th P.M., said center line being 001e l: fully described •e follows, • BEGINNING at • point on the South line of said Northwest Quartar of the Southeast Quarter (NVi/4 SEWS) of sold Section Thirteen (13), 463 feet, more or less, test of the Southwest corner of said II Northwest Quarter of the Southeast Quarter (WW1/4 $11/4) of said Section Thirteen (13)1 thence North 7°38' Vest to • point on the South line of the Meador Island Srei etioo Copan No. 1 ditch. (Icing a portion of the strip of land dosesl'ed in that certain deed recorded in Book $14, at Page _ 440). iI Reserving unto the Stances, all oil, gas, condensate, products and by-products in and under and that me,y be produced from the above-described reel estate. Q�bO \• also known as street and number TOGETHER with all and singular the hereditaments and appurtenances thereto belonging;, or in anywise appertaining,and the reversion and reversions,remainder and remainders,rents,issues and profit:thereof;and alt the estate,right,title,interest,claim and demand whatsoever of the said pare/ of the first purl,either in law ' or :quity,of.in and to the above bargained premises,with the hereditaments and appurtenances. • No.463.WARRANTY DEED For Pbaagaphit Retard.- Bradford,rn,bea,ml7 w.64 Ave.,LSlreeed.mo)M_001 DI.na_ae: •...jt� ., B 1226 REC 02172701 03/07/89 11:29 $6.00 2/002 F 0538 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO TO HAVE AND TO HOLD the said premises above bargained and described,with the appurtelanees,unto the said part 'IBS of the second part,the i rhaln and assigns forever.And the said petty of the Brat past, for her self,her heirs,executor,end administrators,do es covenant,gran; bargain ad agree to and with the geld parties of the second pat, thei tabs cad assigns,that at the time of the enuealtng and delivery of these presents she is well seised of the premises above conveyed, as of good, sore, perfect, absolute and Indefeasible estate of inheritance,b law,in fee simple,and ha S good right,fall power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the sane are free and clear from all former aad other grants,bargains.sales.liens, tame. ammonia" and encumbraoa of whatever kind or nature saver. Except taxes for the year 1988, due and payable in 1989. and except reservations, restrictions, rights of way and easements of record or in use. and the above bargained premises in the quiet and peaceable possession of the slid prrdes of the second part, t he i rh.•ir,and assigns against all and every onion or persons lawfully claiming or to claim the whole or any part thereof,the said part y of the first part shall and will WARRANT AND FOREVER DEFEND. IN WITNESS WHEREOF,the said part y of the first part has hereunto set her bond and seal the day and year lint above written. 9igaad,seslad and Delivered in the Promote of a . . .i..et._�'.g.et�,r......._.- _..MEAL] Mary Ma ari ......................._.......__....._._.__.-__ _.._[SEAL) .,[SEAL) STATE OF COLORADO, Omar of ADAMS lie. The foregoing instrument was acknowledged before me this 28th day of February • 19 89 .by Mary Morgan. My commissionexpires June 2 ,le 91 .Witaeaay hand and :IL C�r .• ..."...C..'.• _/�y42.Y.z4c.e4a.. t�/w� % .\\01Afik Nelorr Public ` 1I NrtN rt i'. /j �U `Sh My Commission expires Jane 2,1991 BLt,`v.l,� r,,.".., i Puny r' `,. ';a e 258,4th Ave,Brighton,CD 80601 • k....%%\Its cH% lt• PigI Il 1 i as i lit— � a I g� 1 i I i EI 1 1 t,43 d es 1 L a $ a it I I y � x I 5 i i l ! sew IA. g I i I0 8 : i REC 02172702 03/07/89 11629 46.00 1/002 AR217;?702 1, F 0539 MARY ANN FEUERSTEIN CLEAR 6 RECORDER WELD CO, CO • THIS DEED, Made this 28th day of February . 1989 betweenState Rpwq Julia Sack Dateft/444L 'Z/9 $ of the County of and State of Colorado, of the first pan,and Gottlieb Heft, Anne Schmidt, Elizabeth Wethington and Leonard Heft whose legal address is 4520 Road 27 1 Fort Lupton, Colorado 80621 of the County of and State of Colorado,of the second part: WITNESSETH,That the said part of the first part,for and in consideration of the sum of Sixteen Thousand and 00/100 ($16,000.00) • DOLLARS, to the said party of the first part in hand paid by the said part ie5 of the second part,the receipt whereof is hereby confessed and acknowledged,ha 5 granted,barµined,sold and conveyed,and by these presents do grant,barµin,sell,convey and confirm,unto the said par i es of the second part, their heirs and assigns forever ,11 the following described lot or parcel of land,situate,lying and being in the County of del d and State of Colorado,to wit An undivided one-tenth (1/10) interest in and to the foilovLno described reel estate located in _ Weld County, Colorado, to-wits &jr 2'tro Vs1"r'.^'rr't'in mot Lot 4 in the 61/2 of NE 114 of Section 1$, ( ' , (,^^'h Lot 3 in the N1/2 of SE 114 of Section 134 pis lab WWIL:!.(d to•DRC11000 S'Mai Lot 6 in the NI/2 of a6 1/4 of Section 13, ell in Township 2 North, Range 67 Nut of the 6th P.N., plotted as LDPI.ON MEADOWS LAND CO., DIVIAXON NO. II ALSO A strip of land 100 feet wide, beins 50 feet wide on each side of the epnterlino of The Denver, Larenie and Northwestern Railway Co. (formerly a Wyoming Corporation), as orlsinilly boosted ave:,across and through the NW1/4 of the $61/4 of Section 19, Township 2 North, Ramp 67 Vest of the 6th P.X., said centerline being more fully described as follows, BEGINNING at a point on the South Line of said NW1/4 of SE114 of said Section 13, a distance of 465 foot, more or les., East of the SWcocner of said NW1/4 of 56114 of said Section L3, Vii; thence N7°9S'W to a point on the North line of said NW1/4 of 681/4 of said Section 11, a distance of 1:70 foot, more or less. East of the NW corner of said 111114 of 61114 of said Intim 13, (Sethi a portion of the strip of land described to that pertain deed recorded in look 314, Page 440) EXCEPTING TRSRSPROM a treat of land conveyed to Weld County by Dead recorded June 12, 1914 in look 393 at Page 416, deserlbed as follows, A scrip of lend 90 feet on either side of a line beginning at a point whit,. is 1305.6 feet North of the Southeast corner of Section 13. Township 2 North, Range 67 Vest of the 6th P.N., thence running Vest in a straight lino to the right of way of The Denver, Laramie and Northwestern Railway Company. ALSO EXCEPTING THEREFROM a treat of lend eenveyed to Meadow IeLud Tetteation Company Na. 1 by II Deed recorded January 29, 1967 in gook 577 as Reception No. 14903ea, described eo follove, A strip of lend 100 feet wide, being 30 feet wide on each side of the eater floe of The Denver, Laramie and Northwestern Railway Company (f ly a Pygmies Corporation), as originally located, over. across and throne's the Northwest Quarter of the Southeast quarter (NN114 $61/43 of Section Thirteen (13), Township Two (2) North, Range 67 Meet of the 6th P.N., said canter line being mote fully described es follow. BEGINNING at a point an the South line of said Northwest Quarter of tha Southeast Quarter (NW114 Sal/4) of acid Section Thirteen (13), 465 feat, more or less. East of The seutbeot comer of sold 'I Nart:Awest quarter of the Southeast quarter (NWf14 SE1/4) of meld Section Thirteen (13), thence Port% 7°SS' West to a point on the South line of the Meadow Island Irrigetieei Cequny Na. 1 diteh. (being a portion of the strip of land described in that certain deed recorded in Book 314, at Pose 440), Reserving unto the Grantors ell oil, gas, tend , products and by-products in and under and that may be produced from the above-described reel estate. 4' also known as street and number TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining,and the reversion and reversions,remainder and remainders,rents,issues and profitsthereof(and all the estate,right,title,interest,claim and demand whatsoever of the said part y of the first pan,either in law or equity,of,in and to the above bargained premises,with the hereditaments and appurtenances. JI No.163.WARRANTY DEED—For Photogrephk Retard. • erdlew,uWdde,.fro W.IA Arc.LJ4ewd,COA0 214-0011213 we4_2,2 (14 B 1226 AEC 02172702 03/07/89 11229 $6.00 2/002 F 0540 MARY ANN FEUERSTEIN CLERK & RECORDER VELD CO, CO TO HAVE AND TO HOLD the said premises above bargained and described,with the apparbmenaq unto the said parties of the second van,the irbeim and assigns forever.And the said party of the first part, for herself,her heire,exeeutore,and adminiMeators,dtes entrant,grant,bargain and agree to and with the said part ies of the second part, thei heirs and assigns, that at the time of the ensealing and delivery of these presents she is well seized of the premises above conveyed, as of good, sure, perfect, absolute and indefeasible estate of inheritance,in law, in fee simple,and ha $ good right,full power and lawful authority to wrens, bargain, sell and convey the same In manner and form as aforesaid, ant that the sane are free and clear from all former and other grante,bargains„sales,liens, taxes, assessments and encumbrances of whatever kin dr.r nature soarer. Except taxes for the year 1988, due and payable in 1989, and except reservations, restrictions, rights of way and easements of record or in use. and the above bargained premises In the quiet and peaceable possession of the said part ies of the second part, their heirs and assigns against all and every person or persons lawfully claiming or to detm the whole or any part thereof,the said party of the first part shall and will WARRANT AND FOREVER DEFEND. IN WITNESS WHEREOF,the said party of the first part has hereunto set her hand and seal the day and year first above written. Signed,sealed and Delivered in the Presence of Cl d//e�/``/ [SEAL] _SEAL] STATE OF COLORADO,�•tyot ADAMS }es, The F'regain'instrument was acknowledged before me this 28th day of February 1s 89 ,by Julia Sack. :try comminsion expires June 2 .19 91 .Witness my hand andoffcalseal, . .'... ..._....-�. .94.4..±, or 5•. r;+PUB P;0 My firm tan expires June$1991 Donna J.Duffey y'' ; i0°, 95S.4th Ave,& Won,CO 80601 i'rCa Nat b ��.a a V° it I Lit tCI L I i fd i w d I i et LU I i ( i i g i I � ' ms `s s is jV BAs z ' 2 8st : ii i I It, ta�p, I ( i a i r1 A ,g I y i •$ q i n9-1 i ! i of T1 L i" I t { w r S g A' Ii, I] ! i 8 12 REC 02172703 03/07/89 11:29 ,.00 1/002 AR2172703 F 054t MARY ANN FEDERSTEIN CLERIC fi RECORDER WELD CO, CO THIS DEED. Made this 28th day of February , 1989, between State DOOM, jq John Heft t)nta AL I • S 1s..Gc) of the County of and State of Colorado. or the ftnt part.and Gottlieb Heft, Anne Schmidt, Elizabeth Wethington and Leonard Heft whose legal address is 4520 Road 27 Fort Lupton, Colorado 80621 of the County of and State of Colorado,of the second part: W ITNESSETH,That the raid party of the first part,for and in consideration of the sum of Sixteen Thousand and 00/100 ($16,000.00) DOLLARS. I to the said party of the first pan in hand paid by the said pan its of the second part,the receipt whereof is jl hereby confessed and acknowledged,has wanted,bargained,sold and conveyed,and by these presents do grant, bargain,sell,convey and confirm,unto the said parties of the second part, their �I heirs and assigns forever,all the following described lot or parcel of land,situate,lying and being in the I County of Weld and State of Colorado,to wit; An undivided one-tenth (1/10) interest in and to the following daaaribed real estate located in Weld County, Colorado, to-wit; ..... ..... .....pr. :..q' Lot 4 in the S1/2 of NE 1/4 of Seatien 13; Lot 5 in the 111/2 of SR 1/4 of Section 13; Y1' _ I%3( Lot 6 in the NI/2 of SE 1/4 of Section 13; ma 1 .a„ e all in Township 2 North. Range 67 West of the 6th P.M., platted as LNPTON MEADOWS LAND CO., DIVISION NO. 1, ALSO A strip of land 100 feet wide, being 50 fest wide on each aide of the centerline or The Denver, Laramie and Northwestern Railway Co. (formerly • Wyoming Corporation), as originally located over,acras and through the NW/4 of the 851/4 of Section 13, Township 2 North, Range 67 West of the 6th P M., said centerline being more fully described as fellows BEGINNING at • point on the South line of said NW1/4 of 851/4 of said Section 13, a distance of 465 feet, more or less, East of the SR/corner of said NW1/4 of 651/4 of aid Section 13; thence N7°56'W to • point on the North Line of said WW1/4 of SE1/4 of said Section 13, • distance of 270 feet, more or lees, east of the NW corner of said WI/4 of 151/4 of old Section 11, (being a portion of the strip of land described in that certain dead recorded in gook 314, Page 440) II EXCEPTING TNERIPRON • tract of Land conveyed to Weld County by Deed recorded June 12, 1014 in leek I 393 at Page 416, described es follows; A strip of land 30 feet on either aide of a line beginning at • point which is 1305.1 feat North of t,e Southeast corner of Section 13, Township 2 North, Range 67 Meat of the 6th P.M., thene running West in a straight line to the eight of way of The , Laramie and Northwestern Railway Company. ALSO EXCEPTING THEREFROM a erect of land conveyed to Meadow Island Irrigation Company No. 1 by Deed recorded January 23. 1967 in gook 577 as Reception No. 1499388, described Se follows, A strip of land 100 feet wide, being 50 feat wide on each side of the center line of The Denver, Laramie and Northwestern Railway Company (formerly a Wyoming Corporation), am originally located, I1 _ over, across and through the Northwest Quarter of the Southeast Quarter (VD/4 $11/4) of Section 1 Thirteen (13), Township Two (2) North, Range 67 West of the 6th P.M., said center lino being more fully described as follows, NOGIIINING at a point an the South line of sold Northwest Quarter of the Southeast Quarter (NW1/4 551/i) of said Section Thirteen (13), 465 feet, more or less, East of the Toutlmeat corner of said Northwest Quarter of the Southeast Quarto; (NW1/4 SE1/4) of sold Section Thirteen (15); thence North 7°56' West to • point on the South line of the Meadow Island Irrigation Company No. 1 ditch. (5eir.g • portion of the strip of land described in that certain deed recorded in Seek 314, at Pass 440), Resolving unto the Graters all ell, gas. cone , predueea end b that may beby-protases to and under and yproduced from the above-described real estate. I' \ also known as street and number TOGETHER with all and singular the hercditaments and appurtenances thereto belonging,or in anywise I, appertaining.and the reversion and reversions,remainder and remainders,rents,issues and profitsthereol;and all the estate,right,title,interest,claim and demand whatsoever of the said pan y of the first part,either in law or equity,of,in and to the above bargained premises.with the hereditan.enta and appurtenances. No,'MI WARRANTY DEED For Fliotograpbk Record. • Bradford M1MI.MN.Alf W.Mt Art.1a4wal.einem-pop n).rno_1.1 it Yb B 1226 REC 02172703 03/07/89 11:29 $6.00 2/002 F 0542 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO TO HAVE AND TO HOLD the said premixes above bargained and described,with Ow appurtenances,unto the said parties of the mooed part,the i rimers sad assigns forever.And the said party of tee first part, for himeeif,hi shake,executors,and adminiitmton,do es covenant,grant bargain and agree to and with the said part ies of the second pert,thel rheire and assigns, that at the time of the enseaeag and delivery of these presents he is well seized of the premises above conveyed, as of good, sure, perfect, absolute and Indrfcasible estate of inheritance,in law,in fee simple,and ha S good right,full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid. and that the coma are free and vicar from all fanner and other grants, bargains,sales,hens, taxes, assessments and encumbrances of whatever kird or nature snorer. Except taxes for the year 1988, due and payable in 1989, and except reservations, restrictions, rights of way and easements of record or in use. and the above bargained premises in the quiet and peaceable poeaession of the said parties of the second part thei'theirs and assigns against all and every person or persons lawfully claiming or to elalm the whole or any pa,t thereof,the said party of the first part shall and will WARRANT AND FOREVER DEFEND. IN WITNESS WHEREOF,the said party of the first part has hereunto set hi:, hand _. anc,seal the day and year first above written. /�J Signed,sealed and Delivered in the Presences( . y4 •.,�% '_ _JSSAL] John Heft (SEAL] _. ,1SEAL) STATE OP COLORADO, County of ADAMS es. The foregoing i[nWment was acknowledged before me this 28th day of February , lS 89 .by John Heit. My cemmiesion expires June 2 ,IS 91 Whammy.Whammy hand and oMdal seal. ua , ',.... .,,' Q t `aTA Ry'' • : �1 .rdq,t .._........_. .. .sign Fubik.... • o °..x'11' My Commission expiresJuna2,1991 ',.....4C Donna J.Duffey 'ro:: 25 S.4th Ave.,Brighton,CO 80601 o 1co LIE. Nt vj O ! ! wP i I I W ! V d LIJ i W f —./ cfl a a Ex II IfCi ' 38 3 � ' I 1 f ! I i y5a0 ; I 1 ;2 Ile ! ! t f E 1 REC 02172704 03/07/89 11:29 x6.00 1/002 482172704 : i' 0543 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO THIS DEED,Made this 28th day of February , 1989 between Katie Wertz, also known as Katherine Wuertz :iota D°°''rtetdaRY��p�pp� tore of the County of and State of Colorado, of the first part,and Gottlieb Heft, Anne Schmidt, Elizabeth Wethington and Leonard Heit whose legal address is 4520 Road 27 Fort Lupton, Colorado 80621 of the County of and State of Colorado,of the second part: WITNESSETH,That the said party of the first part,for and in consideration of the sum of Sixteen Thousand and 00/100 ($16,000.00) DOLLARS, to the said part y of the first part in hand paid by the said part i es of the second part,the receipt whereof is ,. hereby confessed and acknowledged,ha s granted,bargained,sold and conveyed,and by I hese presents do grant,bargain,sell,convey and confirm,unto the said part ies of the second part, their heirs and assigns forever,all the following described lot or parcel of land,situate,lying and being in the _ County of Weld and State of Colorado,to wit: Al undivided one-tenth (1/10) interest ,.n and to the following desosl'ad seal estate toasted in Weld County, Colorado, to-wit, Lot 4 in the S1/2 of BE 1/4 of Section 13. Lot 5 in the N1/2 of SS 1/4 of Section 13, col.l,.-••. ...... ..... . ilidl Lot 6 in the N1/2 of SE 1/4 of Section 1St all In Township 2 North, Range 67 West of the 6th P.M., platted as LUPrON MEADOWS LAND CO., DIVISION N0. 1; ALSO A strip of land 100 foot wide, balm M feet wide on each aide of the centerline of The Denver, Laramie and Northwestern Railway Co, (formerly a Wyoming Corporation), as originally detested over,aero,s end through the NWI/4 of the 651/4 of Section 19, Township 2 North, Range 67 West of the 6th P.M., said centerline being more fully described es follows, BEGINNING at a point On the south line of said SW1/4 of 521/4 of said Section 13, a distance of 465 feet, more or less, Sue of thefldoosn'r of said 5W1/4 of 5X1/4 of staid Section ls, thence N7.Sl'W to a point on the Worth lino of amid NW2/4 el 521/4 of said Section 13, a distance of 270 feet, more or loam, East of the SW corner of sold 5111/4 of SS1/4 of said SeotIon 15, (Ulm a portion of the strip of land described in that certain deed recorded in Book 314, Pose 440) SECIIPTIWO THEREFROM a tract of land conveyed to Said County by Deed recorded June 12, 1914 in leek 393 at Page 416, described es follow, A strip of land 30 feet on either aide of a line beginning at a point which :a 1705.6 feet North of the Southeast corner of Section 13, Township 2 North, Range 67 West of the 6th P.M., there. running Vest in a straight line to the eight of way of The Denver, Laramie and II Northwestern Railway Company. ALSC EXCEPTING THEREFROM a treat of land conveyed to Meadow Island C egxay 2 by Geed recorded January 23, 1967 in Book 577 as Reception No. 149930B, described a follows, A ,trip oe land 100 feet wide, being 50 feet wide on each aide of the center line of The Denver, k Laramie and Northwestern Railway Coupan7 (6 if a Wyoming Corporation), as originally located, _ over, across and through the Northwest Quarter of ,he Southeast Quarter (01174 SE1/4) of Section Thirteen (13), Township Two (2) Werth, Ranee 67 West of the ark P.M., said (tenter line being more fully described as follows; BEGINNING at a point on the South Line of said Northwest Quarter of the Southeast Quarter (NW1/4 SSI/4) of said SectIen Thirteen (13), 433 feet, mare or Lass, Ease of the Southwest corner of said Northwest Quarter of the Southeast Quarter (NW134 SE1/4) of said Section Thirteen (13), thence North 7'35' West to a point on the South line of the Meadow Island Irrigation Company No. 1 ditch. (Being a portion of the strip of land dseorlbed in that certain deed recorded la Beek 314, et Pone I (40). 4 Reservist; unto the Grantors all ell• sae, condensate, products and by-products in end under and Ni No that may be produced from the above-described real estate. also known as street and number TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, au PPfr in and al aDPertaining,and the reversion and reversions,remainder and remainders,rents,issues and profits thereof;and all the estate,right,title,interest,claim and demand whatsoever of the said party of the first part,either in law or Nulty,of,in and to the above bargained premises,with the hereditaments and appurtenances. 1 No.bat WARRANTY DEED—Far Phcto@spbk Record. - Redford wwdly,Wnw.Me4,nir.a,w eeP4—twnr)4Iee_2-n 81 E 1226 REC 02172704 03/07/89 11:29 $6.00 2/002 F 0544 MARY ANN FEUERSTEIN CLERK S RECORDER WELD CO, CO TO RAVE AND TO ROLD the said premises shove bargained and described,with the appurtenances,unto the said parties of the second part, the them and assigns forever.And the add party of the first part, for herself,herheirs,executors,and administrator,do es covenant,grant,bargain and agree to and with the said part i es of the second part,the Inman and assigns, that at the time of the annealing and delivery of these presents she I s well seised of the premises above conveyed, as of good, sure, perfect, absolute and Indefeasible estate of inheritance,in law,in fee simple,and has good right,full power and lawful authority to ttrant, bargain, sell and convey the same in manner and form as aforesaid, and that the awns are free and clear fmm all former and other grants,bargains,sales,liens, taxes, assessments and encumbrances of whatever kind or nature soever. Except taxes for the year 1988, due and payable in 1989, and except reservations, restrictions, rights of way and easements of record or in use. and the above bargained premises In the quiet and peaceable possession of the said Parties of the second pert, thei theirs end assigns against all and every person or persons lawfully claiming or to claim to whole or any par,thereof,the said part y of the first part shall and will WARRANT AND FOREVER DEFEND. (N WITNESS WHEREOF,the said party of the first part has hereunto set her hand and seal the day and year first above written. Signed.sealed and Delivered in the Presenceof 67:`._....• ._.°.:: ........_...................__ 1SEAL1 Katie Wertz 'also known a's"2atfierTne Wertz [SEAL] STATE OF COLORADO. County of ADAMS )ea' The foregoing instrument was acknowledged before me this 28th day of February 19 89 ,by Katie Wertz, also known as Katherine Wuertz, C�v�c�n.pistioaM ps June 2 hie 91 .Witness say hand and official seal. 0' 0 TA Netew yMh. w ;A �ruSSb,: .. •••A�.••• ;:ate.? My Commission expires June 2,1991 °I'7•rnt0 Bonn 1.Duffey 25 8,4th Ave.,Brighton,CO 80601 a �= I i i hppie 1i z IS � 1 i ^p� v I � t' s � i Ii' s a ill z I i 3 ! a Pas O 7 2 m i 9 i F Zd < aa'4, I " i a I i I �tg m o E 6 i jli i i ( w 1 .a �g gw t7 • RP E 26 REC 02172705 03/07/89 11:30 $6.00 1/002 AR2:672905 R4 P 0545 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO THIS DEED. Made this 1st day of March , 1981E between George Heit a D°°ert°^ Fee Dote $ 60 of the County of and State of Colorado,of the first pan,and Gottlieb Heit, Anne Schmidt, Elizabeth Wethington and Leonard Heit whose legal address is 4520 Road 27 Fort Lupton, Colorado 80621 of the County of and State of Colorado,of the second part WITNESSETH.That the said pan of the first pan,for and in consideration of the sum of Sixteen Thousand and 00/100 ($16,000.00) DOLLARS, to the said pan y of the first part in hand paid by the said part ies of the second part,the receipt whereof is ::ereby confessed and acknowledged,ha S granted,bargained,sold and conveyed,and by these presents do ; grunt.bargain,sell,convey and confirm,unto the said part ies of the second part, thei r heirs and assigns forever,all the following described lot or parcel of land,situate,lying and being in the County of Weld and State of Colorado.to wit: An undivided tweAphelor(tIpOr interest in'll,d to the following described real estate located in — Welt. County. Coy1rL'oarad>, to-wit: Let a in the gtaf5,bji.i'jll.Y-tVnl(eilE}tt Lot 5 in the EIPPEVf SE'114 of S'•ction 13i Lot 6 in the N112 of SE 1/4 of Section. 13, all In Township 2 North, Rage 67 Vest of the 6th P.N., platted as LtPSON MEADOWS LAND CO., DIVISION NO. 1, AL SC A strip of land 100 feet wide, being SO feet wide on each side of the sentertine of The Denver. Laranie and Northwestern Ratlwey Co. (feracsiy a Wyeming 00.reweteol, a originally located oven.arses And through the NW1/4 of the 851/4 of Section 13, ;overhip a North. Rase 67 West of i the 6th P,M., said centerline being more fully described as follows, BEGINNING At a point on the South line of amid NW114 of SE1/4 of said :action IS, • distance of i, 465 feet. are or lese, East of the$Weeder of said NW1/4 of 5:114 of said Section 13, j' thence N7'58'V to a point on the North line of said 1W114 of 881l4 of said saetlea 11, • distance of 270 feet, more or lass, Nast of the NW coder of said 16/1/4 of SE1/4 of maid Sectlin 13, tastes Ii .a portion of the strip of land described in that certain dud recorded in Soak 314, Paso 440) ;1 EXCEPTING THEREFROM a tract of land conveyed to Weld Canty by Deed recorded ,lane 12, 1914 l0 Book '391 at Page 416, described as fellows A s<rlp of lad 30 feet on either side of • line beginning at • point which as 1505.6 teat North !1 of the Southeast corner of Section 13, Township 2 North, Range 67 West of the 6th P.N., thence running Nut in • seraiaht line to the right of way of The Denver, Laramie and Northwestern Railway Company. ALSO EXCEPTING TaaaaaROM • tract of la,td conveyed to Meadow Island Irrigation Compute No. 1 by Deed reaordcd January 23, 1e67 In Bock 577 as Reception We. 1499388, described As follows, It A strip of land 100 feet tilde, bets. 50 Lest vide on each side of the seater line of The Denver, Laramie and North wosern Railway Company (formerly a Wyoming Corporation), tip located, 1I over, across and through the Northwest Quarter of the Southeast Quarter (NW114 SE1lap of Section Thirteen (13), Township Iva (2) Perth, Range 67 West of the 6th P.M., said center line being more fully described as follows, _ BEGINNING At a point on the south lla of said Northwest Quarter of the Southeast Quarter (MW114 1 5EILU of said Section Thirteen (13), 465 feet, more or less. Bu t Southwest East of o Souwest comas of aid I Northwest Quarter of the Southeast Quarter (NW114 Salta) of said Section Thirteen (ts), thence North 7'58' West to • point on she South line of the Meadow Island Irrigation Cower, No. 1 ditch. II (Being a portion of the strip of lad described in thst certain dud recorded in book 314, at Page II 440) Reserving unto the Grantors All oil, gas, condensate, products and by-products in and under And C1/4 O that may be produced from the -described reel estate. set � I also known as street and number TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining,and the reversion and reversions,remainder and remainders,rents,issues and profits thereat and all the estate,right,title,interest,claim and demand whatsoever of the said part y of the first part,either in law or equity, of,in and to the above bargained premises,with the hereditaments and appurtenances. No..la WARRANTY DEED—For Wnrogreptdr Record. newton)AM•W.e NUS wwn Mt,i.teww,emm114_,nn>u.sMe_r.a1 8 1226 REC 02172705 03/07/89 11:30 $6.00 2/002 F 0546 MARY ANN FEUERSTEIN CLERK Si RECORDER WELD CO, CO TO RAVE AND TO HOLD the said premises above bargained and described,with the appurtenances,unto the said part les of the eeeond part,thei r Lain and assign forever.And the said peril of the first part, for him self,h is Wu,emmntors,and admlul,trators,do es covenant,grant,bargain and agree to and with the said part ies of the second part, the1 metre and assigns, that at the time of the esaeeling and delivery of those presents he is well seized of the premises above conveyed, as of mod, sure, perfect, absolute and inaefeasible estate of inheritance,in law,In fee simple,and ha 5 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 gratis, bargains, salles,Lien, taxes, tenements and encumbrances of whatever kird or nature soever. Except taxes for the year 1988, due and payable in 1989, and except reservations, restrictions, rights of way and easements of record or in use. and the above bargained premises in the quiet and peaceable posae.elon of the uald part ies of the second part, thei rheira and sedans against all and every person or persons lawfully claiming or to claim the whole or:iy part thereof,the said party of the first part shall and will WARRANT AND FOREVER DEFEND. IN WITNESS WHEREOF,the said party of the first part has hereunto set his hand and seal the day and year first above written. ,r l" Signed,sealed sad Delivered is the Preeeeeeof fr ...._.... _...[SEAL[ George 4 t [SEAL] _............. ,[SEAL] STATE OF COLORADO, Countyof ADAMS ' The foregoing instrument wee acknowledged before me thla 1st day of March re 89 .by •George Heit. t t a June 2 ,iu 91 .Wltmeu my handaed sat • Co. OTAest\t'+ t� ft l Set._ +1•' AU 6l' o' n pane r ' p-ra• • CcmnSan apices lune 2,1991 taunt,Data Coover&Phelps AltntneYs S 4th DALaw Deena J.0ut�laa W 80601 25 at Avenue rirtshcant Cotaadd 80601 v y - Q' a '] s1 A I I LLI re . „.. z 2 8 t t a 8 J a f I , z j s1 iI j t.9I # i " « ; � ag IS I. RI B 26 REC C2172706 03/07/89 11:30 $6.00 1/002 q, F 0547 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO AR2172706 THIS DEED, Made this 28th day of February , 1989 between f. State *DcouwwwWWn/9ff Anton° Felt :LZote$of the County of and State of Colorado, of the first part,and Gottlieb Nei t, Anne Schmidt, Elizabeth Wethington and Leonard Nett whose legal address is 4520 Road 27 Fort Lupton, Colorado 80621 of the County of and State of Colorado,of the second part: WITNF.SSETH,That the said part y of the first part,for and in consideration of the sum of Sixteen Thousand and 00/100 ($16,000.00) -DOLLARS, to the said party of the first part in band paid by the said parties ofthesecond part,the receipt whereof is hereby confessed and acknowledged,has granted,bargained,sold and conveyed,and by these presents do grant,bargain,sell,convey and confirm,unto the said parties of the second part, their heirs and assigns forever,all the following described lot or parcel of land,situate,lying and being in the County of Weld and State of Colorado,to wit: An undivided one-tenth (1/10) interest in and to the foLLovinp,4e50ribed AyA1 ...air...airLocated in Welt. County. Colorado, to-wits T _. Lot 4 in the 51/2 of Ma 1/4 of Section lit 1st 5 in the N1/2 of sN 1,4 of Section 13, Ye••y . " 4..14 Y l+,lf Lot 6 in ehe M1/2 of SE 1/4 of Section 151 all in 7ownshlp 2 North, Range 67 Vest of the 6th P.M., platted as LUPUS( MEADOWS LAND CO.. DIVISION N0. 1, AL SC A strip of Land 100 feat wide, being 30 feet wide on each side of the centerline of The Denver, Laramie and Northwestern Railway Co. (formerly s Wyoming Corporation 1, •s originally located over.aoross and through the NW1/4 of the 661/4 of Seotion 15, Township E o . Range 67 West of the 6th P.M., said centerline being more fully described as follow{, 510IWNINO at a point an the South line of said 801114 of 851/4 of maid Section 13, a distance of .I 465 feet. more or less, East of the'4 Wlornar of meld 5W1/4 of $81/4 of amid Section 13s thence N7'51'V to a point on the North lino of said NW1/4 of Sal/4 of said Section 15, a distance of 270 feat, more or lees, East of the NV corner of said NW1/4 of 561/4 of said &meLm 15, (Mina a portion of the eerie of land described in that certain deed recorded in Book 314, Page 440) EXCEPTING THEREFROM a tract of lend conveyed to Weld County by Deed recorded Slav 12. 1914 in Book ' 191 at Page 416, described as follows: A strip of lend at feet on either side of a line beginning et a point which is 1505.6 feat North of tie Southeast corner of Section 15, Township 2 North, Swage 67 West of the 6th P.M., [I then,° running West In a straight line to the right of woy of The Laramie and „Northwestern Railway Company. ALSO EXCEPTING TaEaarmOM a tract of lend *conveyed to Meadow Island Irrigation Company No. 1 by i Deed recorded January 23, 1967 in Book 577 as Reception go. 1499599, deecrlbed as follows A strip of land 100 het vide, being 50 feet vide on each side of the center line of Toe Denver, Laramie and Northwestern Railway Company (formerly a Wyoming Corporation), es originally located, ' over, across and through the Korthwest Quarter of the Southeast Q (NV1/4 $81/4) of Section Thirteen (13), Township two (2) North, Range 67 Nose of the 6th P.M., said cantor 11ne being mere full)' described to follows, BEGINNING at a point on the South line of said Northwest Quarter of the Southeast Quitter 4NW1/4 I 551/:) of said section Thirteen (1$), 465 feet, more or Les, Bast of the Southwest earner of sold Northwest Quarter of the Southeast Quarter (11111/4 SE114) of said Section Thirteen (15), thence Worth 755g' West to a point en the South ;Inc of the Meador Ialmd Irrigation Compere No. 1 ditch. (Heirs a portion of the strip of lend described in that cattalo deed recorded in gook 314• at Page 440). Reseevine unto th, Canteen ell ell. Bee, condensate, products and by-products in and undo and NB) that may be produced from the above-described reel estate. II l \ also known as street and number 'I TOGETHER with all and singular the hereditamcnts and appurtenances thereto belonging,or in anywise appertaining,and the reversion and reversions,remainder and remainders,rents,issues and profits thereof;and all the estate,right,title,interest,claim and demand whatsoever of the said par@' of the first part,either in law I or equity,of.in and to the above bargained premises,with the hereditament:and appurtenances. No.463.WARRANTY GEED—Nor Pholupaphic Record. a,wnm waw,a.maw.WnArt.t.aMwee,rnwlu_wmallaW_242 B 1226 REC 02172706 03/07/89 11:30 $6,00 2/002 F 0548 MARY ANN FEUERSTEIN CLERK a RECORDER WELD CO, CO TO RAVE AND TO BOLD the said premises above bargained and described,with the appurtemnoee,unto the said Part i es of the second part, then Ihelre and amine forever.Amt the mid party of the first part, for him alf,his heirs,egeoutors,and administrators,does covenant, grant,bargain and agree to and with the said parties of the second part,thei r heirs and snipe,that at the time of the annealing and delivery of these presents he is well seized of the premises above conveyed, as of good, sure, perfect absolute and indefeasible estate of inheritance,in law,in fee simple,and has good right,141l power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are fray and rirar from all former and other greats,bargains,males,liens, taxes, assessments and encumbrances of whatever End or nature never., except taxes for the year 1988, due and payable in 1989, and except reservations, restrictions, rights of way and easements of record or in use. and the above bargained premises in the quiet and peaceable poeeeesion of the said part i es at the second part, their heirs and assigns against all and every parson or persons lawfully claiming or to claim the whole or any part thereof,the said party of the first part shall and will WARRANT AND FOREVER DESPOND. IN WITNESS WHEREOF,the mid party of the first part has hereunto set his band and seal the day and year first above written. ,.r IC-1.4-'r. v'C� 1 -N _ " Slaved sealed and Delivered in Wes Presence of ..__.._.._...._./'.... .__._�.4. ti...!SEAL] Antone Heit (SEAL] —.ZSEAL3 STATE OF COLORADO, County of ADAMS The foregoing instrument was acknowledged before me this 28th awe: February , le 89 ,by Antone Heit My commission*spires June 2 ,19 91 .wimesamybaadand seal. ..t•..Pi)BtA le My Commission expires June 2,1891 _ Gona J.Duffey it;• .......... ` 25 S.4th Ave.,i 0 ighton,W 80601 O k. n v : duo ! 4. I `• I W f � w I CI l ( i II ! � i ail is z a I . � flIla f I s ! I I . I - a I .i42 i I I t R E .6 REC 02172707 03/07/69 11130 $6.00 1/002 F 0549 MARY ANN FEUERSTEIN CLERK a RECORDER WELD CO, CO AR2172707 . THIS DEED, Made this 6th day of March , 19 89 between Leonard J. Heit, also known as Leonard Heft of the County of and State of Colorado, of the first part,and Gatti leb Heit, Anne Schmidt, Elizabeth Wethington and Leonard Heit whose legal address is 4520 Road 27 Fort Lupton, Colorado 80621 of the County of Wel d and State of Colorado,of the second part: WITNESSETH,That the said part y of the first pan,for and in consideration of the sum of One and 00/100 ($1.00) DOLLARI{, to the said party of the first pan in hand paid by the said parties of the second part,the receipt whereof is I = hereby confessed and acknowledged,has granted,bargained,sold and conveyed,and by these presents do grant,bargain,sell,convey and confirm,unto the said parties of the second part, their heirs and assigns forever,all the following described lot or parcel of land,situate,lying and being in the County of Wel d and State of Colorado,to wit: AA undivided one-tenth (1/10) interest Ln and to the following described real. .State located in ,Wald County. Col oeade, to-wit, Lest 4 In the 51/2 of Na 1/4 of Section 131 'Lot 5 In the N112 of 5E 114 of Section 13, Lot 6 in the 111./2 of SE 1/4 of Section 11, all In Township 1 North, Range 67 Nest of the 6th P.M,, platted a 'LUPTON XBADONS LAND CO., DIVISION NO. Is ALSO A amp of land 100 feet wide, being 50 feet wide or, each aide of the centerline of The Denver. Lennie and North Railway Co. (formerly a Myosin. Corporation), as originally located over,sores, and through the X111/4 of the 511/4 of Section 29, Township 2 North, Ranee 67 Nest of II the 6th P.N., said centerline being more fully described as follow*, 'I BEGINNING at a point on the South line of said NW1/4 of Ell/A of said Section 13, a of 463 feet, more or less, lest of the$La/corner of paid NW1/4 of 551/4 of said Section 19, thence N7°5a'u to a point on the North line of said 5111/4 of 5E1/4 of said Section 15, a distance rl of '1.70 feet, more or less, Nut of the NW corner of said Na1N of 981/4 of acid Section 13, (Being e pertien of the strip of land described in that certain deed recorded in Sock 314, Page 440) IXCIFTING TNSRSPROM a tract of land conveyed to Weld County by Peed recorded haw 11, 1914 in Book I 199 et Page 416, described as follows, A .trip of land 30 feet on either side of a line beginning et a point which is 1305.6 feet North II of the Southeast earner of Section 13, Township 2 North. Rage 67 Wet of the 6th P.M., thence running Sleet in a ateai5he line to the right of way of The Denver, Laramie and I. Northwestern Railway Company. ,i ALSO EXCEPTING TNIRSFRON a tract of land conveyed to Meadow Island Irrigation Co mpany fMpay No. 1 by Deed recorded January 23. 1967 in gook 577 as Reception No. i499fBe, d.aeribod as follower A strip of lend 100 feet wide, being 30 feet wide on each side of the center line of The Laramie end Northwestern Railway company (rermarly a Rooming Corporation>, no orlglneily located, over, tiros, and through the Northwest quarter of the Southeast Quarter (11112/4 Sal/4) of Section Thirteen (13), feweshl0 Two (1) North, Rage 67 West of the 6th P.N., sold center lino being mere fully described as follows, ISOM:NINO at a point on the South Line of said Northwest Quarter of the Southeast Quarter (NISI/4 li Sal/a) of card SectIon Thtrteao (19), 465 feet, more or lealest*, of the SoutSeat oer et of said Northwest Quartos of the Southeast Q • (5111/4 551/4) of amid Section Thirteen (1$)€ thence North 7°58' Wet to a point on the South line of the Reeder/ Ialao6 Irrigation Cvspaq No. 1 ditch. (Balm a portion of the styli, of land described in that certain deed recorded in Book 114, at Page 440). Reserving unto the Orantore ell oil, gas, condeneles, products and by-p'.eoduete in and under end that may be produced from the above-described reel estate. FOR TITLE PURPOSES. also known as street and number II :I TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining,and the reversion and reversions,remainder and remainders,rents,issues and profits thereof;and all I the estate,right,title,interest,claim and demand whatsoever of the said pan y of the first pant,either in law or equity,of.in and to the above bargained premises,with the hereditament*and appurtenances. it No.463.WARRANTY DEED—Foe Pbotopepak Record.• NndwdP°Nn61ry,7en w.m,ere..Lsrnroad'n5ON4—uRU B 1226 REC 02172707 03/07/89 11:30 $6.00 2/002 F 0550 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO TO RAVE AND TO HOLD the said premises above bargained and described,with the appurtenances,unto the said part ies of the second part, thei eels and assigns forever.And the said party of the first part• for him sel P,hi grain,assentors,and administrators,do es covenant,grant, bargain and agree to and with the said part ies of the second part, thei blare and assigns,that at the time of the unsealing and delivery of these presents he is well seized of the premien above conveyed, se of good, sure, perfect, absolute and indefen lble estate of inheritance,in law.in fee simple,and ha S good right,fell power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the game as free and clear from all former and other grants, bargains,eels,Ilene, taxes, aseeamments and encumbrances of whatever kind or nature soever. Except taxes for the year 1988, due and payable in 1989, and except reservations, restrictions, rights of way and easements of record or in use. anf the above bargained premises In the quiet and peaceable possession of the said parties of the second part, thei theirs and assigns against all and every person or persons lawfully claiming or to claim the whole or any part thereof,the said party of the first pert shall awl will WARRANT AND FOREVER DEFEND. IN WITNESS WHEREOF,the said part y of the first part has hereunto set hi S hand and seal the day and year first above written. Signed,sealed sod Delivered In the Presence of ;,0-sae✓ _...xSEALI eonard "Frei - LSEALI also known as sonar )4ei£'•""'_""'""' .jSEALI STATE OF COLORADO, Is. County of Weld The foregoing instrument was acknowledged before ma this 6th day of March , 19 89 ,by Leonard J. Heft, also known as Leonard Heft. ,a:gannriseloa Mires 4-2 ,1990 .Witness ray hand and official sash .,11,.. L,y. 440,4%et; `z Y.. t d seas,jar _ I i r . ; 11iI I s ! I to ( @iA a ( i ince La LLig 1.1 ! I I q d I + I ,a� tw I I i � I .. i � i z i � � � � Ira l 19 'ts7$ t H l e I + f I I !i I II i ! I ' o , i ,E ! j i ! I 4 z sx I I w , 9 o"u . w g 1 I B 1 REC 02172708 03/07/89 11:30 46.00 1/002 F OSS1 MARY ANN FEUERSTEIN CLERK & RECORDER WILD CO, CO ARd17d7Da THIS DEED. Made this 6th day of March , 198,9 I,I between Anna Schmidt, also known as Anne Schmidt of the County of and State of Colorado, of the first part,and Gottlieb Heit, Anne Schmidt, Elizabeth Wethington and Leonard Heit whose legal address is 4520 Road 27 �I Fort Lupton, Colorado 80621 of the County of and State of Colorado,of the second part: WITNESSETH,That the said part y of the first part for and in consideration of the sum of One and 00/100 ($1.00) DOLLARS( to she said party of the first part in hand paid by the said part Ms of the second part,the receipt whereof is hereby confessed and acknowledged,has granted,bargained,sold and conveyed,and by these presents do I; grant,bargain,sell,convey and confirm,unto the said parties of the second part, thel r heirs and assigns forever,all the following described lot or parcel of land,situate,lying and being in the County of Weld and State of Colorado,to wit: AQ.undlvtded one-tenth (1/10) interest In and to the following deeorlbed real estate located Sr. Weld County, Colorado. to-wit, :Lot 4 in the $1/2 of NE 1/4 of Section 13, Lei 5 in the N1/2 of SE 1/4 of Section 13, ' Lot 6 in the N112 of Si 114 of Section 13, : atl in Township 2 North, Range 67 West of the 6th P.M., platted as LUPTON MEADOWS LAND CO., DIVISION NO. 1, 'ALSO A strip of land 100 feet wide, betas 40 foot wide on each side of the centerline of The Denver, Laramie end North Railway Co. (formerly a Wyoming Corporation), as ally l I.evet,ecross and through the NW1/4 of the $51/4 of Section 11, Township 2 North, Range 67 West of the 6th P.M., said centerline being more fully described as follows, ara3NRIN0 at a point on the South line of said NW114 of sa114 of said Section 13, a distance et 463 feet. more or less. Seat of the Sub orner of said kW1/4 of Sal/4 of maid Section 13, I _ thence N7e5a'W to a point on the North line of said NW1/4 of 151/4 of said Seotlo 13, a distance of 270 feet, more or less, fast of the NW corner of said 'W1/4 of SCl/4 of said Section 13, (Seine • a portion of the strip of land described In that certain deed recorded in Seek 314, Page 440) EXCEPTING THEREFROM a tract cf land conveyed to Weld County by Deed recorded am 12, 1914 in Peek 393 at Page 416, described as follows, A strip of land 30 feet on either side of a line beaaoine at a point which is 1306.4 feet North of the Southeast corner of Section 13, Township 2 North, Range 67 West of the 6th P.M., thence running West in a straight line to the eight of way of The Denver. Laramie and II Northwestern Railway Company. ALSO EXCRPTINO THEREFROM a of land conveyed to Meadow Island Irrigation Company No. 1 by I.Deed recorded January 23, 1967 in Book 577 as Reception No. 1499360, duaribed as follows, A etap of land 100 feet wide. being 50 feet wide on each side of the center tine of The Denver, Laramie and Northwestern Railway Company p y (formerly • Wyoming Corporation), as eslglnal.ly 1 � aver, area and through the Northwest Quarter of the Southeast Quarter. (WW1/4 SE1/4) of Section I, Thirteen (13), Township Two (2) North, Range 67 West of the 6th P.M., raid center line being more fully described as follows, lEGI3'NtNG at a point on the South line of sold Northwest Quartet of the Southeast Qu (NW114 sal/i) of said Section Thirteen C13). 465 feet, more or lass, Sat of the Southwest corner of mild Northwest Quarter of the Southeast Quarter (NWII4 951/4) of said Section Thirteen (13), thence North 1.56' West to a point on the South lino of the Meadow Island Irrigation Covent' Po. 1 ditch. (Being a portion of the strip of land described in that certain deed recorded in Book 314, at Papa II 440). Reserving unto the Grantors all eLL, gar, condensate, product, end by-products in and under and 11 that nay be produced from the above-described real estate. FOR TITLE PURPOSES. II also known as street and number TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise r' appertaining,and the reversion and reversions,remainder and remainders,rents,issues and profits thereof;and all the estate,right,title,interest,claim and demand whatsoever of the said parry of the first part,either in law or equity,of,in and to the above bargained premises,with the hereditaments and appurtenances. No. WARRANTY DEED—Far Photoarspak Recent• minedruwldW.m7 w 60 Ave..tattoo/X(99214-00h maw_tin 60 B 1226 REC 02172708 03/07/89 11:30 $6.00 2/002 F 0552 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO TO HAVE AND TO SOLD the said premises above bargained and described,with the appmcmencee,ante the said parties of the second part,the 1 r hers and sssigna forever.And the said party of the first part, for hereof,her heirs,executor,and edmiafatretom,do es covemnt,grant,bargain and agree to and with the said part les of the second part,thei rhelre and assigns,that at the time of the*nestling and delivery of these presents she is well seised of the premises above conveyed, as of good, sure, perfect, absolute and indefraeibie estate of inheritance,in law, in fee simple,and ha S good right,fan power and lawful authority to grrat, bargain, sell and convey the same in manner aced form es aforesaid, and that the manic are free and clear from all former and other grant',bargains,sales,liens, taxes, asseemrents and encumbrances of whatever kind or nature soever. Except taxes for the year 1988, due and payable in 1989, and except reservations, restrictions, rights of way and easements of record or in use. and the above bargained promises in the quiet and peaceable possession of the said part ies of the second part, thei rhoira and"'lane against all and every person or person lawfully claiming or to claim the whole or any pall thereof,the said party of the first part shall and will WARRANT AND FOREVER DEFEND. IN WITNESS WFEREOF•the said part y of the first part has hereunto set her band and seal the day and year fiat above written. Signed,sealed and Delivered is the Paeeeneeof c- dexrx 1. lSEAL] area .... . _ .........._....._. -........._. acme frR. sea CeetzZateNtfr MEAL] also known as Anne Schmidt _-..._..,[SEAL] STATE OF COLORADO, County of Weld lm. The tangoing instrument was acknowledged before me this 6th yw.of March 19 89 ,by Anna Schmidt, also known as Anne Schmidt :My commission aspires 4—2 ,19 9 0 .Witness my band and atBelal seal. • 1•' ....o-1C'Q It/ t Notary Public. ` -Q. a`\G:);o±e 1 %0. •, a v r`.... ..................OF GOw� 'e''.mown'. 0 • 1 tl W I I i i I I ' Iet a CI le I I D i f i I Ig t I1.4 3NV - x a F I E I ��i C R il i aIf N+� 1 b � Jig a� i i i i 1 � w to �� I3 . RI S 26 REC 02172709 03/07/89 11:30 $6„00 1/002 AR2172709 It F 0553 MARY ANN FEUERSTEIN CLERIC & RECORDER WELD CO, CO THIS DEED, Made this 6th day of March • 19 89 between Gottlieb Heit of the County of and State of Colorado, of the first pan,and Gottlieb Heft, Anne Schmidt, Elizabeth Wethington and Leonard Heft whose legal address is 4520 Road 27 Fort Lupton, Colorado 80621 of the County of Wel d and State of Colorado,of the second pan: WITNESSETH,That the said party of the first part,for and in consideration of the sum of I; One and 00/100 ($1.00) •• DOLLARS, I, 7 to the said party of the first pan in hand paid by the said parties of the second pan,the receipt whereof is hereby confessed and acknowledged,haS granted,bargained,sold and conveyed,and by these presents do grant.bargain,sell,convey and confirm,unto the said parties of the second pan, their heirs and assigns forever,all the following described lot or parcel of land,situate,lying said being in the I County of Weld and Stale of Colorado,to wit: Au undivided one-tenth (1/10) interest in and to the following d ,ed real estate located in .Wetti,County. Colorado, to-wit, :or a in the 81/2 of NE 1/4 of Section 13, Lot 5 in the 61/2 of SE 114 of Section 134 Lot 6 in the N1IS of SE 1/4 of Section 15, . aLL in Township 2 ketch, Range 67 Nest of the 6th P.N., platted as LUPTON MEADOWS LAND CO., DIVISION N0. It 415G A strip of land 100 feet wide, being 50 feet wide on each side of the centerline of The Denver, I Laramie and Northwestern Railway Co. (formerly a Wyoming Corporation), as wally located ever..croea and through the NW1/4 of the $11/4 of section 13, township a North, tang 67 Vest of the (th P.N., said centerline being more fully desert/sad es follows. BaorNNINO at a point on the South line of said N11/4 of 31114 of said Section 13, a dietanae of Ii 465 feet, more or lees. East of theSW corner of said NW1/4 of 31114 of sold section ids thence N755a'W to a point on the North line of said NW1/4 of $11/4 of said Section 13, a distance of 270 feet, more or leas, East of the NU corner of maid NNl/4 of U1/4 of said Section 15, {Mina •a pe-tlun of the strip of land described in that certain deed recorded in look 114, Page 440) EXCEPTING THEREFROM a tract of land convoyed to Odd County by Deed rooerded June 12, 1914 in Rock 593 at Page 416, described as follow, A strip of land 30 feet on either side of a line beginning at a point which le 1)05.6 feet North of the Southeast corner of Section 13, Township 2 North, Range 67 Nest of the 6th P.M., ehense running Neat in ♦ straight line to the right of way of The Denver, L and !I dorthwestern Railway Company. ALSO SXCEPTINO THERMOS a tract of land conveyed co Meadow Island Irrigation Company No. 1 by ;I ueed recorded January 23, 1967 in Book 377 as Reception No. 1499188, desulbed as follows, • A scrip of land 100 feet wide, being 50 feet wide on each side of the center line of The Denver, ,, Laramie end Northwestern Relive Company (formerly a Wyoming Corporation), as originally located. i over, across and through the Northwest Quarter of the southeast Quarter (NN1/a 81114) of section 'Thirteen (13), Township two (2) North. Rang 67 West of the 4th P.M., said canter lino being mere fully described a follow, ' ilOINNINO at a point on the south line of said Northwest Quarter of the Southeast Quarter (WW1/4 SEily of said Section Thirteen (13), 463 feet, more or less, East of the southwest corner of maid Merchant Quarter of the Southeast Quartet 01411/4 311/4) of said Section Thirteen (13), thence North 7558' West to a point on the South line of the Meadow Island Irrigation Cowan, Ito. I ditch, (Being a portion of the strip of land described in .hat certain deed recorded in Book 314, at Pelle I 440). Reserving unto the Grantors all oil, gas, condensate, Products and by-preduots In and under and that may be produced from the above-described real estate. • FOR TITLE PURPOSES. also known at street and number TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining,and the revertion and reversions,remainder and remainders,rents.issues and profitsthereof;and all the estate,right,title,interest,claim and demand whatsoever of the said part y of the first pan,either in law I or equity,of,in and to the above bargained premises,with the hereditaments and appurtenances. No.46.1.WARRANTY DEED—For Photograpbk Record. • Nrs2feal Nlmm.fen w.Mi An,.Iatemmd.OO50214—i)e)t1)l.adm_.52 B 1226 AEC 02172709 03/07/89 11:30 $6.00 2/002 F 0554 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO TO HAVE AND TO HOLD the said premises above bargained and described,with the appurbmanees,unto the said part ies of the second part, thei dabs and widens forever.And the said party of the first part, for hiv elf,hi skein,executors,and administrators,tic, es covenant,grant,bargain caul agree to and with the said part i es of the second part, thei Moire and assigns,that at the time of the assailing and delivery of these presents he is well seized of Ow premises above conveyed, as of good, sun, perfect, absolute and Indefeasible estate of inheritance,in law,in fee pimple,and has good right,full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, end that the sane are fret and vitae from all former and other grants,bargains,sale,,lien,, taxes, raeesemeab and encumbrances of whatever hind or nature soever. Except taxes for the year 1988, due and payable in 1989, and except reservations, restrictions, rights of way and easements of record or in use. and the above bargained premises In the quiet and peaceable possession of the said parties of the second part, thei theirs and assigns against all and every potion or persons lawfully claiming or to claim the whole or any peri.ther of,the said part y of the first part shall and will WARRANT AND FOREVER DEFEND. IN WITNESS WHEREOF,the said party of the first part has hereunto set his hand and seal the day and year first above written. Signed,sealed and Delivered in the prtweneeof .... l•.k�_Skg ,,( 2,,taiC._........_.............NEAL) Gottlieb Heit a ^•- [SEAL] ....,[SEAL] STATE OF COLORADO, Countyof Weld The forogen g instrument was acknowledged before me this 6th day of March 19 89 .by Gottlieb Heit. My commission capita. 4-2 ,19 90 .'Maeda my band and official seal. .a cadet al a etery Public. .:, U@ +,a t' 1. >teoOF,r•oo . \. 41 I ! 11 R I I 0 ' 1114 � , = I z I $ � r I is 118. ! ogleIA ! i R I I! E j ! z a ! i K it it s tivAill m d Do 3 la ! t4 I i .. w I ii. s i m !iI B 12 REC 02172710 03/07/89 11130 . J.00 1/002 F 055:, MARY ANN FEUERSTEIN CLERIC S RECORDER WELD CO, CO AR2172710 • THIS DEED. Made this 6th day of March . 19 89 between Elizabeth Wethington of the County of and State of Colorado, of the first pan,and Gottl Ieb Heft, Anne Schmidt, • Elizabeth Wethington and Leonard Heit u hose legal address is 4520 Road 27 Fort Lupton, Colorado 80621 — of the County of and State of Colorado,of the second part: WITNESSETH,That the said party of the first part,for and in consideration of the sum of �I Une and 00/100 ($1.00) •• ---DOLLARS, II to the said party of the first part in hand paid by the said part i es of the second part,the receipt whereof is 1I hereby confessed and acknowledged,has granted,bargained,sold and conveyed,and by these presents do gr..nt. bargain,sell,convey and confirm,unto the said parties of the second pan, their heirs and assigns forever,all the following described lot or parcel of land,si mate,lying,and being in the County of Weld and State of Colorado,to wit: i1 An undivided one-tenth (1/10) interest in end to the following described real estate Wµd Bounty, Colorado, to-wit, lot d in the 81/2 of NB 1/4 of Section 13, Lot d In the N1/2 of 82 114 of Section 13, ''Lot d in the N1/2 of E8 1/4 of Section 13, saki ..n Township 2 North, Range 67 Yet of the 6th P.N., platted ae — . ,.UPTON MEADOWS LAND CO., DIVISION NO. 1, ALSO A strip of land 100 feet wide, beton 30 feet wide on each aide of the centerline of The Denver, Laramie end Northwestern Railway Co. (formerly A Wyoming Corporation), as originally located over,acrese and through the NW114 of the 321/4 of Section 13, Township 2 North, Range 67 West of the 4th P.M., said centerline bolos • e fusty described a follow., j SEOINNING at a point on the South line of meld 211(4 of SEl/4 of said Section 13, a distance of 463 feet, more or leas. gest of the Se✓corner of said NW1/4 of eat/4 of said Section 13, thence N7'Sg'W to • point on the North Tina of said NY111 of SE1/4 of said Section li, a distance I of 2)0 feet, more or less, East of the SW corner of said 1811/4 of 521/4 of said Soetlmt 13, (Being a portion of the strip of land described in that certain deed recorded in Book 314. Page 440) EXCEPTING THEREFROM a tract of land eonveyod to Weld County by Deed recorded June 11, 1914 In Hook ' 393 at Page 416, described as follows, A strip of land 30 feet on either side of a line beginning at a point which Ls 1305.6 feet North I: of the Southeast corner e£ Section 13, Township 2 pee reh, Range 67 West of the 6th P.M.. thence running West in a straight line to the right of f way of The Denver, iamb and 1 Northeastern Railway Company, ALSO gxczPTrNO TNNREPROM a tract of lend conveyed to Meadow Island Irrigation Compeer No. 1 by Deed recorded January 23, 1967 in Ewk 577 so Reception No. 1499380, described as follows, A strip of lend 100 feet wide, being 30 feet wide on each side of the center line of The Denver, l' Laramie end Northwestern Railway Compa., (foment,' a Yyemins Corporation), as originally located, Ii over, across and through the Northwest duarter of the Southeast Quarter (SWIM 82114) of Section I Thirteen t13), Township Two (2) North, Rena. 67 Nest ei the 4th P.M., aid center line being mere fully described ae follows, BEGINNING at a point on the South line of said Northwest Quarter of the Southeast Quarter (NY3/d SE1/O of said Section Thirteen (13), 465 feet, more or lass, test of the EThirtee ls of mold II Northwest Quarter of the Southeast Quarter (NYSl4 S11/4) of said Section Thirteen (19), thence North 7'36' West to a point on the South line of the Meadow Island Irrigation Company No. 1 ditch. (Being. a portion of the strip of land described in that certain deed reom:dad in Hoek $14, et pate 1 440). Reserving unto the Grantor, all oil, gas, condensate, produote end by-products in and under and that say be produced from the above-described real estate. FOR TITLE PURPOSES. also known as street and number 1i TOGETHER with all and singular the hereditament:and appurtenances thereto belonging,or in anywise aeon-mining,and the reversion and reversion,,remainder and remainders,rents,issues and profits thereof;and all the estate,right,title,interest,claim and demand whatsoever of the said party of the first pan,either in law • or equity,of,in and to the above bargained premises,with the hereditaments and appurtenances. No.463.WARRANTY DEED—For Phololrsphk Record. m.dn,dwwm,m,Nsfwra.n„tat.w.w,mnm._,NNna.Yw_Je) t# E 1226 REC 02172710 03/07/89 11:30 $6.00 2/002 F 0556 MARY ANN FEUERSTEIN CLERK 6 RECORDER WELD CO, CO TO HAVE AND TO HOLD the said premises above bargained and described,with the appat tenees,unto the said part les of the second part,thei rbebw and assigns forever.And the said party of the first part, to, her eel f,he item ,executors,and admiohdrat rs,do es covenant,grant, bargain and agree to and with thy said part i e5 of the second part,their heirs and assigns, that at the time of the mingling and delivery of kit se presents she is well seised of the premises above conveyed, as of good, sure, perfect, absolute and indefeasible estate of inheritance,in law,in fee simple,and ha$ good right,fall power and lawful authority to grant, bargain, :roll and convey the same in manner and form as aforesaid, and that the same are free and vicar from all former and other grants, bargains,sales,liens, taxes, assessments and encumbrances of whatever Idyll m•nature soarer. Except taxes for the year 1988, due and payable in 1989, and except reservations, restrictions, rights of way and easements of record or in use. and the above bargained premises in the quiet and peaceable possession of the said part ies of the second part, their heirs and assigns against all and every parson or persons lawfully elalmiag or to claim the whole or any part thereof,the said party of the first part shall and will WARRANT AND FOREVER DEFEND. IN WITNESS WHEREOF,the said part y of the first part has hereunto set her had and seal the day and year first above written. GG, //(,{ten Signed,sealed and Delivered in the Presence of `''t� LA .......LSEAL] -11'1' lien-Flething on"" " [SEAL] ,[SEAL] STATE OF COLORADO, Cmmtyof Weld 184. The foregoing instrument was acknowledged before me this 6th gay of March 19 89,l'y Elizabeth Wethington, ;,,MNagn,,,,,,naapiree 4-2 ,1690 .Witness my hand and official seal. ' ''.` 'St, /0;,..., *. . :,7:4;C::: �.cl eier:a re ale �ipRYViz; g / Notom pa ilea �T4,. .....,` ` O'; . .7•E 04 � 4 Nis ci in ! W , I t g I I I 6 ! i I e d to I I I I � , I i I z Z I F il g I I I�g 8 I p . 1 ItIL lai . 3 I ! � , a .4I ,� I o ;s s i I z I 8 ' I I I I l ,; e ( 1 11 ! • HIED III 111111 IIII IIIiu 11111111111 III 11111 IIII IIII 2687542 O4/16/1999 02:50P Mold County CO 1 of 1 R 6.00 D 0.00 JA Saks Tsukamoto Rewded at o'clock M., Recegioo No. Recorder 514> QUITCLAIM DEED THIS DEED,made this / day of ;r t , 1998, between Leonard J.Heit,Grantor,and Amy J.Moore,trustee,or successor trustees of THE AMY TRUST,grantee WITNESS,that the grantor for and in consideration of the sum of zero($0.00)Dollars,the receipt and sufficiency of which is hereby acknowledged,has remised,released,sold and QUITCLAIMED,and by these presents does remise,release,sell and QUITCLAIM unto the grantee,its heirs,successors and assignees forever,all the right,title,interest,claim and demand which the grantor has in and to the real property,together with improvements,if any,situate, lying and being in the County of Weld and State of Colorado,described as follows: an undivided one-tenth(1/10)interest in and to the following described real estate located in Weld County, Colorado,to-wit: Lot 4 in the Sl/2 of NE 1/4 of Section 13, Lot 5 in the N1@ of SE 1/4 of Section 13, Lot 6 in the N1/2 of SE 1/4 of Section 13, all in Township 2 North,Range 67 West of the 6°P.M.,platted as LUPTON MEADOWS LAND CO.,Division No. I: ALSO A strip of land 100 feet wide,being 50 feet wide on each side of the centerline of the Denver,Laramie and Northwestern Railway Co.(formerly a Wyoming Corporation),as originally located over,across and through the NW 1/4 of the SE 1/4 of Section 13,Township 2 North,Range 67 West of the 6i°P.M.,said centerline being more hilly described as follows: BEGINNING at a point on the South line of said NW 1/4 of SE 1/4 of said Section 13,a distance of 465 feet,more or less,East of the SW corner of said NW 1/4 of SE 1/4 of said Section 13: thence N7°58'W to a point on the North line of said NW 1/4 of SE 1/4 of said Section 13,a distance of 270 feet, more or less.East of the NW corner of said NW 1/4 of SE 1/4 of said Section 13,(being a portion of the strip of land described in that certain deed recorded in Book 314,Page 440) EXCEPTING THEREFROM a tract of land conveyed to Weld County by Deed recorded June 12,1914 in Book 393 at Page 416,described as follows: A strip of land 30 feet on either side of a line beginning at a point which is 1305.6 feet North of the Southeast corner of Section 13,Township 2 North,Range 67 West of the 6th P.M., Thence running West in a straight line to the right of way of The Denver,Laramie and Northwestern Railway Company. ALSO EXCEPTING THEREFROM a tract of land conveyed to Meadow Island Irrigation Company No. I by Deed recorded January 23, 1967 in Book 577 as Reception No. 1499388,described as follows: A strip of land 100 feet wide,being 50 feet wide on each side of the center line of The Denver,Laramie and Northwestern Railway Company(formerly a Wyoming ca potation),as originally located,over,across and through the Northwest Quarter of the Southeast Quarter(NW 1/4 SE I/4)of Section Thirteen(13),Township Two(2)North, Range 67 West of the 6"P.M.,said center line being more fully described as follows: BEGINNING at a point on the South line of said Northwest Quarter of the Southeast Quarter(NW I/4 SEl/4)of said Section Thirteen(13),465 fret,more or less,East of the Southwest corner of said Northwest Quarter of the Southeast Quarter(NW 1/4 SE 1/4)of said Section Thirteen(13):thence North 7°58'West to a point on the South line of the Meadow Island Irrigation Company No. 1 ditch. (Being a portion of the strip of land described in that certain deed recorded in Book 314,at Page 440). also known as address: TO HAVE AND TO HOLD the same,together with all and singular the appurtenances and privileges belonging,or in anywise thereunto appertaining,and all the estate,right,title,interest and claim whatsoever of the grantor,either in law or equity,to the only proper use,benefit and behoof of the grantee,its heirs and assigns forever. IN WITNESS WHEREOF,the grantor has executed this deed on the date set forth above. , 1 LEONARDI HEIT STATE OF COLORADO }ss. COUNTY OFQ - The foregoing instrument was acknowledged before me this 23 day of liarta , 1998, by Leonard J.Heit. Witness my hand and official seal. .' :�` ,.� °v, $ + V l My commission expires: Notary Pu c .ic MY 00MMISSI0N btPIRES '_ 18 APRIL 1nO2 ., . I11111111111111111111111 III 1111h�mlll III1111111111111 kamoto 1 of 2 R 10.00 D 0.2000 00 Weld County CO 554 WARRANTY DEED THIS DEED,Made this 306 day of November,1999,between GOTTLIEB HEIT,ANNE SCHMIDT,LEONARD HEIT, ELIZABETH WETHINGTON and AMY I.MOORE,TRUSTEE OF THE AMY TRUST,County of Weld,State of Colorado, Grantor and HEIT FARM,LTD.,LLP whose legal address is 4520 Weld County Road 27,Fort Lupton,Colorado,80621,of the County of Weld,State of Colorado,Grantee: WITNESSETH,That the Grantor,for and in consideration of the sum of other good and valuable consideration and ten and 00/100 dollars,the receipt and sufficiency of which is hereby acknowledged,has granted,bargained,sold and conveyed,and by these presents does grant,bargain,sell,convey,and confirm,unto the Grantee,its heirs and assigns forever,all the real property,together with improvements,if any,situate,lying and being in the County of Weld,State of Colorado,described as follows: Lot 4 in the S'h of NE'A of Section 13; Lot 5 in the N'h of SE'A of Section 13; Lon 6 in the N Yr of the SE'/4 of Section 13; all in Township 2 North,Range 67 West of the 6i°P.M.,platted as LUPTON MEADOWS LAND CO.,DIVISION NO.l; ALSO A strip of land 100 feet wide,being 50 feet wide on each side of the centerline of The Denver,Laramie and Northwestern Railway Co. (formerly a Wyoming Corporation),as originally located over,across and through the NW'h of the SE'4 of Section 13,Township 2 North,Range 67 West of the 6a P.M.,said centerline being more fully described as follows: BEGINNING at a point on the South line of said NW 1/4 of SE 1 of said Section 13,a distance of 465 feet,more or less,East of the SW corner of said NW'/of SE'/4 of said Section 13; thence N 7°58'W to a point on the North line of said NW 1/4 of SE'/of said Section 13,a distance of 270 feet,more or less,East of the NW corner of said NW'A of SE''A of said Section 13,(Being a portion of the strip of land described in that certain deed recorded in Book 314,Page 440) EXCEPTING THEREFROM a tract of land conveyed to Weld County by Deed recorded June 12,1914 in Book 393 at Page 416, described as follows: A strip of land 30 feet on either side of a line beginning at a point which is 1305.6 feet North of the Southeast corner of Section 13, Township 2 North,Range 67 West of the 6'"P.M.,thence running West in a straight line to the right of way of The Denver,Laramie and Northwestern Railway Company. ALSO EXCEPTING THEREFROM a tract of land conveyed to Meadow Island Irrigation Company No.1 by Deed recorded January 23,1967 in Book 577 as Reception No.1499388,described as follows: A strip of land 100 feet wide,being 50 feet wide on each side of the center line of The Denver,Laramie and Northwestern Railway Company(formerly a Wyoming Corporation),as originally located,over,across and through the Northwest Quarter of the Southeast Quarter(NW'h SE b)of Section Thirteen(13),Township Two(2)North,Range 67 West of the 6°i P.M.,said center line being more fully described as follows: BEGINNING at a point on the South line of said Northwest Quarter of the Southeast Quarter(NW''A SE'A)of said Section Thirteen (13),465 feet,more or less,East of the Southwest corner of said Northwest Quarter of the Southeast Quarter(NW'/4 SE'/4)of said Section Thirteen(13);thence North 7°58'West to a point on the South line of the Meadow Island Irrigation Company No. I ditch. (Being a portion of the strip of land described in that certain deed recorded in Book 314,at Page 440). Reserving unto the Grantors all oil,gas,condensate,products and by-products in and under and that may be produced from the above- described real estate. FOR TITLE PURPOSES ONLY,NO DOCUMENTARY FEE REQUIRED. TOGETHER with all and singular the hereditaments and appurtenances thereto belonging,or in anywise appertaining,and the reversion and reversions,remainder and remainders,rents,issues and profits thereof,and all the estate,right,title,interest claim and demand whatsoever of the Grantor,either in law or equity,of,in and to the above bargained premises,with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described with appurtenances,unto the Grantee,its heirs and assigns forever. And the Grantor for the Grantor,and the Grantor's heirs and personal representatives,does covenant grant, bargain,and agree to and with the Grantee,its heirs and assigns,that at the time of the ensealing and delivery of these presents,the Grantor 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 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 the general real estate taxes and assessments,reservations, restrictions,easements and rights of way of public record. The Grantor shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable possession of the Grantee,its heirs and assigns,against all and every person or persons lawfully claiming the whole or any part thereof IN WITNESS WHEREOF,the Grantor has executed this deed on the date set forth above. 'SCAM / Gm stab licitArta:Schmidt 11111111111111111 1111111111111111111111 11111 I I I 11111 2748554 02/08/290D 10:58A JA Solo Taukamolo 2 of 2 p 10.00 0 0.00 Weld County CO na rd Heit THE AMY TRUST• Eli Wellington Amy J.M Vfrude° STATE OF COLORADO ) )ss. COUNTY OF A0/111° r The foregoing,W,, file JC�YLJ$Eip prrantyldeed was acknowledged before me this � day of '1999,by GOTTLIEB HER. Witness my..fiinB;�rKI Sal_seal. My CPthmtsswgBJPires Q 3- 0 7- aABo eQ CG�0 • Not blic STATE OF COLORADO) ss COUNTY OF f b 94J11S ) The foregoing War}BhtyDeed was acknowledged before me this 30 day of A)0 r/e g7Bg999,by ANNE SCHMIDT. WitttCmfii54h a14dw�IC19 seal. My Cortiniastoa ia'pires: 0 3-0 7 - ao o O r bL LtCD n IIU i /C .•P l-F r0'_G Notary blic STATE OF COLORADO/) COUNTY OF 4'D The foregoing Warranty Deed was acknowledged before me this /a day of lec€7 051999,by LEONARD HEIT. Witness'myhand•andidquial seal. MyCei4uriadoiarexpyas;_p, . D7-. oot n �ti4 Y PYY N blic STATE.OF{;GLURAtI) )ss. COUNTY OF ADAMS ) The foregoing Warranty Deed was acknowledged be 's 30th day of November, 1999,by ELIZABETH WETHINGTON. Witness my hand and official seal. . `6'V4k It?499 My Commission expires: 8/9.41.104/ �4.aO YTAR •fr nUOL)t "*Notary Public STATE OF COLORADO) c0F CU-" COUNTY OF 6-04147 ) The foregoing Warranty Deed was acknowledged before me this day of L EC.C41g999,by AMY J.MOORE, TRUSTEE OF THE AMY TRUST. Witness mX IW,yf,god official seal. My Coronlissipn Ites: p 3-0 7. aced O TA Notary blic VaL+�'o .�Fy9y,F 4 •c. - 111111►IU►1►111111►111111111 II►1111111►►►1111 1111111 1g of 1 R 5.00 000.002w Weld C unty COld okamoro Recorded at_o'clock_M., Reception No. Recorder 453 CORRECTED QUITCLAIM DEED THIS DEED,made this__day of ,2001,is a correction to a deed dated February 23, 1998 and recorded in Weld County,Colorado in April, 1998 between Leonard J. Heit,of the County of Jefferson,State of Colorado,Grantor,and THE AMY TRUST, of the County of Jefferson,State of Colorado,grantee. WITNESS,that the grantor for and in consideration of the sum of zero($0.00)Dollars,the receipt and sufficiency of which is hereby acknowledged,has remised,released,sold and QUITCLAIMED,and by these presents does remise,release,sell and QUITCLAIM unto the grantee,its heirs,successors and assignees forever,all the right, title,interest,claim and demand which the grantor has in and to the real property,together with improvements,if any,situate,lying and being in the County of Weld and State of Colorado,described as follows: to-wit; Lot 4 in the S'/2 of NE 1/4 of Section 13 Lot 5 in the N '/ of SE I/4 of Section 13 Lot 6 in the N %x of SE 1/4 of Section 13, all in Township 2 North,Range 67 West of the 6Th P.M.,platted as LUPTON MEADOWS LAND CO.,Division No. I: ALSO A strip of land 100feet wide,being 50 feet wide on each side of the centerline of the Denver,Laramie and Northwestern Railway Co.(formerly a Wyoming Corporation),as originally located ova,across and through the NW 1/4 of the SE 1/4 of Section 13,Township 2 North,Range' 67 West of the 6'"P.M.,said centerline being more fully described as follows: BEGINNING at a point of the South line of said NW 1/4 of SE 1/4 of said Section 13,a distance of 465 feet,more of less,East of the SW corner of said NW 1/4 of SE 1/4 of said Section 13; thence N7°58'W to a point on the North line of said NW 1/4 of SE 1/4 of said Section 13,a distance of 270 feet, more or less,East of the NW comer of said NW I/4 of SE 1/4 of said Section 13(being a portion of the strip of land described in that certain deed recorded in Book 314,Page 440) EXCEPTING THEREFROM a tract of land conveyed to WELD COUNTY by Deed recorded June 12, 1914 in Book 393 at page 416,described as follows: a strip of land 30 feet on either side of a line beginning at a point which is 1305.6 foot North of the Southeast corner of Section 13,Township 2 North,Range 67 West of the 6i°P.M., Thence running West in a straight line to the right of way of the Denver,Laramie and Northwestern Railway Company. ALSO EXCEPTING THEREFROM a tract of land conveyed to Meadow Island Irrigation Company No. 1 by Deed recorded January 23, 1967 in Book 577 as Reception No. 1499388,described as follows: A strip of land 100 feet wide,being 50 feet wide on each side of the center line of the Denver,Laramie and Northwestern Railway Company(formerly a Wyoming corporation),as originally located,over,across and through the Northwest Quarter of the Southwest Quarter(NW I/4 SE 1/4)/4)of Section Thirteen(13),Township Two(2)North, Range 67 West of the 6'h P.M.,said center line being more fully described as follows: BEGINNING at a point on the South line of said Northwest Quarter,of the Southeast Quarter(NW 1/4 SEl/4)of said Section Thirteen(13),465 feet,more or less,East of the Southwest corner of said Northwest Quarter of the Southeast Quarter(NW 1/4 SE 1/4)of said Section Thirteen(13);thence North 7 58'West to a point on the South line of the Meadow Island Irrigation Company No. 1 ditch,(being a portion of the strip of land described in that certain deed recorded in Book 314,page 440,recorded January 29, 1910) Also known as address: Mill 11111 11111 111111 UIII 11111 IIIIII III IIIII VIII IIII 3161451 03/12/2004 02:54P Weld County, CO 1 of 4 R 21.00 D 185.00 Steve Moreno Clerk&Recorder 451 SPECIAL WARRANTY DEED THIS DEED,made this 8th day of March,2004 between Heit Farm,Ltd.,LLP, a Colorado limited liability limited partnership,GRANTORS,whose address is 4520 Weld County Road 27,Fort Lupton, Colorado 80621, and Cheshire Investment,LLC, a Colorado limited liability company,GRANTEE,whose address is 650 South Cherry Street, Suite 920, Denver, Colorado 80246. WITNESSETH,that the Grantors,for and in consideration of the sum of One Million Five Hundred Eighty Thousand and no/100 Dollars($1,580,000.00), the receipt and sufficiency of which is hereby acknowledged,has granted,bargained, sold and conveyed,and by these presents does grant,bargain, sell,convey, and confirm,unto the Grantee,its heirs, successors and assigns forever,all the real property,together with improvements,if any, situate, lying and being in the County of Weld, State of Colorado, described as follows: k�)(2 See See Exhibit A attached hereto and incorporated herein by this reference together with 101 \V� shares of The Lupton Meadows Ditch Company presently evidenced by Certificate Number 552 and all other water and water rights appurtenant to the real property described on Exhibit A attached hereto and incorporated herein,including,but not limited to, tributary,not non-tributary,non-tributary water and water rights. AND All minerals and mineral rights, together with improvements,if any, appurtenant to the real property described on Exhibit A attached hereto and incorporated herein by this reference, except for any and all of Seller's rights in and to oil, gas and other hydrocarbons associated with said real property. TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions,remainder and remainders, rents, issues and profits thereof, and all the estate,right title,interest, claim and demand whatsoever of the Grantor,either in law or equity,or, in and to the above bargained premises,with the hereditaments and appurtenances; TO HAVE AND TO HOLD the said premises above bargained and described with the appurtenances,unto the Grantee,its heirs, successors and assigns forever. The Grantors, for themselves,their successors and assigns do covenant and agree that they shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable possession of the Grantee, its heirs, successors and assigns, against all and every person or persons claiming the whole or any part thereof,by,through or under the Grantor.INC R13660Page l o! 3 __ - 11111111111111111111111111111111►►All 11IIIIIIOIIII 316 2 of 4 R 21.00 D 186.60 Bye Moreno CeId lerk�Recorder IN WITNESS WHEREOF,the Grantors have caused their names to be hereunto subscribed the day and year first above written. GRANTORS: Heit Farm, Ltd.,LLP, a Colorado limited liability limited partnership BY: o?7.f/ /�) Gottlieb Heit, General Partner BY: &?V / ULf"H'-Q/ Anna Schmidt,General Partner The Amy Trust, General Partner By: p!!.a /. x.11 Leonard 3'."Heit, Authorized Agent for Amy J. Moore,Trustee The Elizabeth Ann Wethington Trust dated December 14, 1988,General Partner By:M zz-4/ izabeth Ann Wethington,Tru e By: E]' eth Ann Wethington,Autho ' ed Agent for Denise A. Eiland,Trustee and JoEllen S.Hoffman,Trustee Page 2 of 3 11{1111111l 11111111111 III 111111III111111111N • 3 of 4 R 21.00 0 185.00 Steve Moreno Clerk&Recorder STATE OF COLORADO ) ss. COUNTY OF o .Cd. ) This Special Warranty Deed was acknowledged before me this day of March,2004 by Gottlieb Heit as General Partner, Anna Schmidt as General Partner,Elizabeth Ann Wethington as Trustee, Elizabeth Ann Wethington as Authorized Agent for Denise A. Eiland, Trustee and as Authorized Agent for JoEllen S. Hoffman,Trustee of The Elizabeth Ann Wethington Trust dated December 14, 1988 as General Partner, and Leonard J. Heit as Authorized Agent for Amy J. Moore, Trustee of The Amy Trust as General Partner of Heit Farm, Ltd.,LLP, a Colorado limited liability limited partnership. Witness my hand and official seal. My commission expires:_ �ocppYPut� I Notary Public 4./ 1 i 0ARELLA L i i BL0CH • Page 3 of 3 I III 1111 11111 INlll 111II lull �III1111111111111 i" • 3151461 03/12J2004 02:54P Weld County, 00 4 of 4 R 21.00 0 155.00 Steve Moreno Clerk 6 Recorder Exhibit A LEGAL DESCRIPTION Lot 4 in the S1/2 of NE1/4 of Section 13; Lot 5 in the N1/2 of SE1/4 of Section 13; Lot 6 in the N1/2 of SE1/4 of Section 13; all in Township 2 North, Range 67 West of the 6th P.M. , County of Weld, State of Colorado, platted as Lupton Meadows Land Co. , Division No. 1; ALSO A strip of land 100 feet wide, being 50 feet wide on each side of the centerline of The Denver, Laramie and Northwestern Railway Co. (formerly a Wyoming Corporation) , as originally located over, across and through the NW1/4 of the SE1/4 of Section 13, Township 2 North, Range 67 West of the 6th P.M. , County of Weld, State of Colorado, said centerline being more fully described as follows: Beginning at a point on the South line of said WW1/4 of SE1/4 of said section 13, a distance of 465 feet, more or less, East of the southwest corner of said NW1/4 of SE1/4 of said Section 13; thence North 07 degrees 58 minutes West to a point on the North line of said NW1/4 of SE1/4 of said Section 13, a distance of 270 feet, more or less, East of the Northwest corner of said NW1/4 of SE1/4 of said Section 13; (Being a portion of the strip of land described in that certain deed recorded in Book 314 at Page 440) . EXCEPTING THEREFROM a tract of land conveyed to Weld County by deed recorded June 12, 1914 in Book 393 at Page 416. ALSO EXCEPTING THEREFROM a tract of land conveyed to Meadow Island Irrigation Company No. 1 by Deed recorded January 23, 1967 in Book 577 as Reception No. 1499388. 1111111 11111 11111 VIII! 1111111IIII ERE III11111IIII lilt 3187569 08/08/2004 03:48P Weld County, CO 1 of 5 R 26.00 D 0.00 Steve Moreno Clerk& Recorder CORRECTION DEED THIS DEED,Made this I day of MAY ,2004 between Heit Farm,Ltd., LLP, a Colorado limited liability limited partnership,whose legal address is 4520 Weld County Road 27, Fort Lupton,Colorado 80621,"GRANTOR"and Cheshire Investment,LLC, a Colorado limited liability company whose legal address is 650 South Cherry Street, Suite 920,Denver, Colorado 80246, "GRANTEE". WHEREAS, on March 8, 2004, the undersigned GRANTOR executed a Special Warranty Deed in favor of GRANTEE, (the"Original Special Warranty Deed"); and WHEREAS,The Original Special Warranty Deed was recorded in the records of the Clerk and Recorder for Weld County,Colorado on March 12,2004 at Reception No.3161451; and WHEREAS, GRANTOR desires,with the approval and consent of GRANTEE,to correct the Original Special Warranty Deed by amending the legal description of the property conveyed to include the correct share certificate number for The Lupton Meadows Ditch Company shares; WHEREAS,this Correction Deed is to be deemed effective as of March 8, 2004; WITNESSETH, that the Grantors, for and in consideration of the sum of One Million Five Hundred Eighty Thousand and no/100 Dollars($1,580,000.00),the receipt and sufficiency of which is hereby acknowledged,has granted,bargained,,sold and conveyed, and by these presents does grant,bargain, sell,convey, and confirm,unto the Grantee, its heirs, successors and assigns forever, all the real property,together with improvements,if any, situate,lying and being in the County of Weld, State of Colorado,described as follows: See Exhibit A attached hereto and incorporated herein by this reference together with 101 shares of The Lupton Meadows Ditch Company presently evidenced by Certificate Number 553 and all other water and water rights appurtenant to the real property described on Exhibit A attached hereto and incorporated herein,including,but not limited to,tributary,not non-tributary,non-tributary water and water rights. AND All minerals and mineral rights, together with improvements, if any, appurtenant to the real property described on Exhibit A attached hereto and incorporated herein by this reference,except for any and all of Seller's rights in and to oil, gas and other hydrocarbons associated with said real property. TOGETHER with all and singular the hereditaments and appurtenances thereto belonging,or in anywise appertaining, and the reversion and reversions,remainder and remainders,rents, issues and profits thereof, and all the estate,right title,interest,claim and demand whatsoever of the Grantor,either in law or equity, or,in and to the above bargained premises,with the hereditaments and appurtenances; Page 1 of 4 11111111111111111111111111111IIII iiiill III 11111HIE 3187569 06/08/2004 03:48P Weld County, CO 2 of 5 R 26.00 D 0.00 Steve Moreno Clerk& Recorder TO HAVE AND TO HOLD the said premises above bargained and described with the appurtenances,unto the Grantee,its heirs, successors and assigns forever. The Grantors,for themselves,their successors and assigns do covenant and agree that they shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable possession of the Grantee,its heirs, successors and assigns,against all and every person or persons claiming the whole or any part thereof,by,through or under the Grantor. IN WITNESS WHEREOF,the Grantors have caused their names to be hereunto subscribed the day and year first above written. GRANTORS: Heit Farm,Ltd.,LLP, a Colorado!7 limited liability limited partnership By:_ *dju' , . 9 At- Gottlieb eit, General Partner r BY: z -, BY: �f Mt, k� Anna Schmidt, General Partner The Amy Trust, General en Partner By: ``'/Aide/l Leonard J�Fleit,Authorized Agent for Amy J.Moore,Trustee 4The E ' beth Ann Wethingto rust da Dece ber 14, 1988, General Partner By�v*2 --C---e--> abeth Ann Wethington,Trus ee By. i izabeth Ann Wethington, Autho ' ed Agent for enise A. Eiland, Trustee and JoEllen S. Hoffinan,Trustee STATE OF COLORADO ) ) ss. COUNTY OF 4-b 4--w'i 5 ) The foregoing instrument was acknowledged before me this / day of A4A—y ,2004 by Gottlieb Heit as General Partner of Heit Farm, Ltd.,LLP, a Colorado limited iabillity limited partnership. Witness my hand and official seal. My commission expires: _ 03 - o it ao D 8 ,g Notate blic I Page 2 of 4 1111111 1111 11111111111111 U 11111MIDI 1111 3187569 06/08/2004 03:48P Weld County, CO 3 W 5 R 26.00 D 0.00 Steve Moreno Clerk& Recorder STATE OF COLORADO ) r ) ss. COUNTY OF it. D(Ct IZ'1S ) The foregoing instrument was acknowledged before me this_ day of 2004 by Anna Schmidt as General Partner of Heit Farm,Ltd., LLP, a Colorado limited li lity limited partnership. Witness my hand and official seal. My commission expires: Z7 D a _ No ublic STATE OF COLORADO ) / , ) ss. COUNTY OFCkd Ct 'i-s The foregoing instrument was acknowledged before me this 'Is� day of 2004 by Elizabeth Ann Wethington as Trustee,Elizabeth Ann Wethington as Authorized ent for Denise A. Eiland,Trustee and as Authorized Agent for JoEllen S.Hoffman, Trustee of The Elizabeth Ann Wethington Trust dated December 14, 1988 as General Partner of Heit Farm, Ltd.,LLP, a Colorado limited liability limited partnership. Witness my hand and official seal. ;-gppY P!/ `` My commission expires: %*7 -.411+ f AN6EUCA }' g 'WFMNEZ l S IUM-5-ina4-1-17-4± ` lic ck.. STATE OF COLORADO ) `,E0F C''''''- ss. COUNTY OF 414)444-S ) 11' 'MISSION EXPIRES: ti The foregoing instrument was acknowledged before me this 14 day of M 4-41 , 2004 by Leonard J. Heit as Authorized Agent for Amy J.Moore,Trustee of The Amy Trust as General Partner of Heit Farm, Ltd.,LLP, a Colorado limited liability limited partnership. Witness my hand and official seal. /1 My commission expires: , . /f/ % -o ? 7-p0 ([� Notary blic Page 3 of 4 I111111111111111 tilll 1111111ul 111111 Nl Ilt1111111III 318766 4 of 5 R 26.00 D 0.00 Steve Moreno Clerk&Recorder APPROVED, ACKNOWLEDGED AND AGREED: In consideration of the above recitals and by accepting the foregoing,the undersigned accepts and agrees to the above correction deed. GRANTEE: Cheshire Investment,LLC, a Colorado limited liability company By: Shamrock rags Group,LLC, a Colorad ited liabih c y, tuber By: Its: . STATE OF COLORADO ) n/� ss. lu COUNTY OF 't ) The foregoing instrument was acknowledged before me this , , day of 2004 by . cC tk≤c as - 1V rof Shamrock Holdings Group, C,a Colorado limited liability company as Member of Cheshire Invest••- • - •.• • liability company. ANOTARY PUBLIC STATE OF COLORADO Witness my hand and official seal. My Commission Expires Aug.1,2004 My commission expires:a',/4 y Nii/A44O,V, otary Public Page 4 of 4 11110111111 lit HUM IIII l►mit III Bi111111 IIII 3187589 08/08/2004 °3" Weld County, CO 5 of 5 R 25.00 0 0.00 Steve Moreno Clerk& Recorder Exhibit A LEGAL DESCRIPTION Lot 4 in the S1/2 of NE1/4 of Section 13; Lot 5 in the Nl/2 of SE1/4 of Section 13; Lot 6 in the N1/2 of SE1/4 of Section 13; all in Township 2 North, Range 67 west of the 6th P.M. , County of Weld, State of Colorado, platted as Lupton Meadows Land Co., Division No. 1; ALSO A strip of land 100 feet wide, being 50 feet wide on each side of the centerline of The Denver, Laramie and Northwestern Railway Co. (formerly a Wyoming Corporation) , as originally located over, across and through the NW1/4 of the SE1/4 of Section 13, Township 2 North, Range 67 West of the 6th P.M. , County of Weld, State of Colorado, said centerline being more fully described as follows: Beginning at a point on the South line of said NW1/4 of SE1/4 of said Section 13, a distance of 465 feet, more or less, East of the southwest corner of said NW1/4 of SE1/4 of said Section 13; thence North 07 degrees 58 minutes West to a point on the North line of said NW1/4 of SE1/4 of said Section 13, a distance of 270 feet, more or less, East of the Northwest corner of said NW1/4 of SE1/4 of said Section 13; (Being a portion of the strip of land described in that certain deed recorded in Book 314 at Page 440) . EXCEPTING THEREFROM a tract of land conveyed to Weld County by deed recorded June 12, 1914 in Book 393 at Page 416. ALSO EXCEPTING THEREFROM a tract of land conveyed to Meadow Island Irrigation Company No. 1 by Deed recorded January 23, 1967 in Book 577 as Reception No. 1499388. 1111111 11111 11111 11111 1111111 iii 1111111111111 3196774 07/08/2004 10:47A Weld County, Co 1 of 3 R 16.00 D 225.86 Steve Moreno Clerk& Recorder '� SPECIAL WARRANTY DEED THIS DEED,made this Jday of June,2004 between Cheshire Investment, LLC, a Colorado limited liability company, GRANTORS,whose address is 650 South Cherry Street, Suite 920, Denver, Colorado 80246, and SW Chambers,LLC, a Colorado limited liability company, GRANTEE,whose address is 333 W. Hampden Ave., #810,Englewood, Colorado ( 80110. W1TNESSETH,that the Grantors, for and in consideration of the sum of Ten Dollars `Cl� ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is a�cJ• hereby acknowledged,has granted,bargained, sold and conveyed, and by these presents does grant,bargain, sell, convey, and confirm,unto the Grantee, its heirs, successors and assigns forever, all the real property, together with improvements, if any, situate, lying and being in the County of Weld, State of Colorado, described as follows: See Exhibit A attached hereto and incorporated herein by this reference together with 101 shares of The Lupton Meadows Ditch Company presently evidenced by Certificate Number 553 and all other water and water rights appurtenant to the real property described on Exhibit A attached hereto and incorporated herein, including,but not limited to, tributary, not non-tributary,non-tributary water and water rights. AND All minerals and mineral rights,together with improvements,if any, appurtenant to the real property described on Exhibit A attached hereto and incorporated herein by this reference, except for any and all of Seller's rights in and to oil, gas and other hydrocarbons associated with said real property. TOGETHER with all and singular the hereditaments and appurtenances thereto belonging,or in anywise appertaining, and the reversion and reversions,remainder and remainders, rents, issues and profits thereof, and all the estate, right title, interest, claim and demand whatsoever of the Grantor, either in law or equity,or,in and to the above bargained premises, with the hereditaments and appurtenances; TO HAVE AND TO HOLD the said premises above bargained and described with the appurtenances,unto the Grantee, its heirs, successors and assigns forever. The Grantors, for themselves, their successors and assigns do covenant and agree that they shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable possession of the Grantee, its heirs, successors and assigns, against all and every person or persons claiming the whole or any part thereof,by,through or under the Grantor. Page 1 of 2 TNGna it319677 86 Steve Moreno Clerk 8 Recorder 201 3R16.00 D225. IN WITNESS WHEREOF, the Grantors have caused their names to be hereunto subscribed the day and year first above written. GRANTORS: Cheshire Investment, LLC, a Colorado limited liability company By: Shamrock Holdings Group, LLC, a Colorado limited liability company,Member By: Its: X5-4 /��✓ STATE OF COLORADO ) ) ss. COUNTY OF QrXtre JJ/ The foregoing instrument was acknowledged before me this ye/2day of 0fi„l 2004 by (1,,,,Q trees„ erq,j as 4e1. PI of Shamrock Holdings Group, ac, a Colorado limited liability company as Member of Cheshire Investment, LLC,a Colorado limited liability company. I ADRIAN D. MORRIS NOTARY PUBLIC Witness my hand and official seal. STATE OF COLORADO My commission expires: 1-/-047 My Commission Expires Aug.1,2004 Notary ublic Page 2 of 2 11111111111111111111111111111IIIMINIMUM MI IIII 3196774 07108/2004 10:47A Weld County, C0 3d 3 R 16.00 D 225.86 Steve Moreno Clerk & Recorder Exhibit A LEGAL DESCRIPTION Lot 4 in the S1/2 of NE1 /4 of Section 13 ; Lot 5 in the Nl / 2 of SE1 / 4 of Section 13 ; Lot 6 in the - N1/ 2 of SE1 / 4 of Section 13 ; all in Township 2 North, Range 67 West of the 6th P . M. , County of Weld, State of Colorado , platted as Lupton Meadows Land Co . , Division No . 1 ; ALSO A strip of land 100 feet wide , being 50 feet wide on each side of the centerline of The Denver, Laramie and Northwestern Railway Co . ( formerly a Wyoming Corporation ) , as originally located over , across and through the NW1/4 of the SE1/4 of Section 13 , Township 2 North , Range 67 West of the 6th P . M . , County of Weld, State of Colorado, said centerline being more fully described as follows : Beginning at a point on the South line of said NW1/4 of SE1 /4 of said section 13 , a -distance of 465 feet , more or less , East of the southwest corner of said NW1 /4 of SE1/4 of said Section 13 ; thence North 07 degrees 58 minutes West to a point on the North line of said NW1/ 4 of SE1 / 4 of said Section 13 , a distance of 270 feet , more or less , East of the Northwest corner of said NW1 /4 of SE1/4 of said Section 13 ; ( Being a portion of the strip of land described in that certain deed recorded in Book 314 at Page 440 ) . EXCEPTING THEREFROM a tract of land conveyed to Weld County by deed recorded June 12 , 1914 in Book 393 at Page 416 . ALSO EXCEPTING THEREFROM a tract of land conveyed to Meadow Island Irrigation Company No . 1 by Deed recorded January 23 , 1967 in Book 577 as Reception No . 1499388 . Hello