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Sa3N01SSMn00 - 0 > y# e[ c VNflOJ f0 OIYDS ]O NOI1f11OtDd 1H W w b.A �I e \ '% 3NIld31N33 e0 3015 1553 AVM-JO-SHOW ,0L . 6 9 'ON Otl02I A.LNIIOJ -�¢ Slq� RI Yl 3 RESOLUTION RE: APPROVAL OF RECORDED EXEMPTION #4219 - MICHAEL AND SHEILA DAVIS 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 #4219, does not come within the purview of the definition of the terms, "subdivision" and "subdivided land," and WHEREAS,the request for Recorded Exemption #4219 was submitted by Michael and Sheila Davis,6876 Weld County Road 5, Erie,Colorado 80516,for property which is located in part on the following described real estate, to-wit: Part of the N W1/4 of Section 33,and part of the S1/2 SW1/4 of Section 28, Township 2 North, Range 68 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 28 acres and 20 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 #4219 by Michael and Sheila Davis 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. Prior to recording the plat: A. The plat shall be titled: Recorded Exemption No. 1313-33-2 RE-4219 B. The applicant shall submit a letter to the Department of Planning Services requesting to vacate USR-1180 for a single family dwelling and accessory structures on a parcel less than the minimum lot size in the Agricultural Zone District. 2006-0476 RE4219 00 ; P� lPL 0 3- a0-vCa RE #4219 - MICHAEL AND SHEILA DAVIS PAGE 2 C. The existing easement under reception number 2415749 is for a 14-foot access, and width requirements for emergency equipment are a minimum of 20 feet. The applicant shall provide written documentation from the Mountain View Fire Protection District and Emergency Services,stating that the access lane is adequate for emergency purposes. D. A 30-foot-wide joint access and utility easement extending across Lot B from Weld County Road 5,for the benefit of Lots A and B, shall be shown clearly on the plat. The joint easement shall be dedicated for the use as shown using the language set forth in the Weld County Code,Appendix 24-F.E. The easement shall be graded and drained to provide all-weather access. E. All approved accesses shall be clearly shown on the plat. The applicant shall contact the Weld County Department of Public Works to determine if a culvert is necessary at any approved road access point. If a drainage culvert is required, a 15-inch Corrugated Metal Pipe (CMP) is Weld County's minimum size. If the applicant chooses to place a larger culvert, the Weld County Department of Public Works must be contacted to adequately size the culvert. F. Weld County Road 5 is designated on the Weld County Road Classification Plan as a local gravel road, which requires 60 feet of right-of-way at full buildout. The applicant shall verify the existing right-of-way and the documents creating the right-of-way. If the right-of-way can not be verified, it shall be dedicated. The plat shall delineate the existing right-of-way and the documents which created it, along with any additional right-of-way reservation required. G. The applicant shall attempt to address the requirements and concerns of the Boulder and Weld County Ditch Company,as stated in the referral response dated August 18, 2005. Evidence of such shall be submitted, in writing, to the Weld County Department of Planning Services. H. The applicant shall attempt to address the requirements and concerns of the New Consolidated Lower Boulder Reservoir and Ditch Company,as stated in the referral response dated August 22, 2005. Evidence of such shall be submitted, in writing,to the Weld County Department of Planning Services. The applicant shall attempt to address the requirements and concerns of the Mountain View Fire Protection District, as stated in the referral response dated August 26, 2005. Evidence of such shall be submitted, in writing, to the Weld County Department of Planning Services. J. The applicant shall address the requirements of Weld County School District RE-1J, as stated in the referral response dated September 13, 2005. Evidence of such shall be submitted, in writing, to the Weld County Department of Planning Services. 2006-0476 RE4219 RE #4219 - MICHAEL AND SHEILA DAVIS PAGE 3 K. Lot A shall comply with the thirty-five(35)acre maximum lot size required by Section 24-8-10.B, of the Weld County Code. L. 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. M. The following notes shall be placed on the plat: 1) All proposed or existing structures will meet the minimum setback and offset requirements for the Zone District in which the property is located. Pursuant to the definition of setback in the Weld County Code,the required setback is measured from the future right-of-way line. No building or structure, as defined and limited to those occupancies listed as Groups A, B, E, F, H, I, M and R in Section 302.1 of the 2003 International Building Code, shall be constructed within a 200-foot radius of any tank battery or within a 150-foot radius of any wellhead. Any construction within a 200-foot radius of any tank battery, or 150-foot radius of any wellhead, shall require a variance from the terms of 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) Prior to the release of building permits, the applicant shall submit a recorded deed describing the lot upon which the building permit is requested with the building permit applications. The legal description on such deed shall include the lot designation and Recorded Exemption number. 5) Prior to the release of building permits, the applicant shall submit evidence to the Department of Planning Services that Lot A has an adequate water supply of sufficient quality, quantity, and dependability. 6) 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. 7) Building permits shall be obtained prior to the construction of any building. Buildings that meet the definition of an Agricultural Exempt Building,per the requirements of Sections 29-1-20 and 29-3-20.B.13 2006-0476 RE4219 RE #4219 - MICHAEL AND SHEILA DAVIS PAGE 4 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 orwaterforwatering or washing of livestock or poultry. 8) Effective January 1, 2003, building permits issued on the proposed lots will be required to adhere to the fee structure of the County-Wide Road Impact Program. 9) Effective August 1, 2005, building permits issued on the proposed lots will be required to adhere to the fee structure of the Capital Expansion Impact Fee and the Stormwater/Drainage Impact Fee. 10) Weld County's Right To Farm statement, as it appears in the Weld County Code, Appendix 22-E, shall be placed on the plat. 3. 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 the Board of County Commissioners Resolution was signed. The applicant shall be responsible for paying the recording fee. 4. 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. 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 Board of County Commissioners Resolution was signed, a $50.00 recording continuance charge shall be added for each additional three (3) month period. 2006-0476 RE4219 RE #4219 - MICHAEL AND SHEILA DAVIS PAGE 5 The above and foregoing Resolution was,on motion duly made and seconded,adopted by the following vote on the 13th day of February, A.D., 2006. BOARD OF COUNTY COMMISSIONERS / WELD CO TY, COLORADO , I i q /�._ . 1 .•! a ��l"tom ATTEST: � ��, 1161 I( 4 J. ile, Chair Weld County Clerk to the 1 BY. L • , l �I'`a$ avid E. Long, Pro-Tem D: uty Cle"'to the Boar• a I Willi erke APP D AS TO'FAlma_ Robert Q. Masden ounty A orney 4.4 ,attsk Glenn Vaad Date of signature: 31 lb(UP 2006-0476 RE4219 Oat MEMORANDUM W �. TO: Board of County Commissioners February 6, 2006 COLORADO FROM: Michelle Martin, Planner II SUBJECT: RE-4219 The Department of Planning Services has forwarded application RE-4219 to the Board of County Commissioners per the applicants' written request dated January 19, 2006. Application RE-4219 was conditionally approved by Planning Staff on October 5, 2005 with the attached conditions of approval and development standards. Background information: Legal Description: Pt. NW4 of Section 33, T2N, R68W and Pt. S2 SW4 of Section 28, T2N, R68W of the 6th P.M. Weld County, Colorado Parcel number: 1313 33 000046 Location: East of and adjacent to CR 5 and approximately one mile north of State Highway 52 RE-4219: RE-4219 was conditionally approved by the Department of Planning Services on October 5, 2005. Acres: 48 +/- In the application the applicants Michael and Sheila Davis delineate two adjacent 14' wide ingress and egress easements (reception # 2414000 and reception #2415750) that will be used for proposed Lots A and B of RE-4219. After review by the Weld County attorney in an email dated August 23, 2005 he states, "that notice should be provided to the owners of Track 1 and 3 (adjacent property owners) to allow them the opportunity to provide any evidence they may have that the intent of the parties at the time the recorded easement were created was not to allow use by the proposed new lots A and B." The Weld County attorney also determined that there is no restriction in the grant of easements regarding the issue of increased use through the division of the property, therefore Attorney Barker seriously doubts that now having access to newly created Lots A and B will unreasonably increase the burden on the adjacent properties. Staff administrative comments, item number 2.C states, "the applicant shall submit to the Weld County Department of Planning Services a recorded copy of any agreement signed by all of the owners of the property crossed by the access. The access shall be for ingress and egress and shall be referenced on the plat by the Weld County Clerk and Recorders reception number." The applicants are requesting condition 2.C of staff comments be removed. 2006-0476 AGPRO ■ LANDPRO COMPLETE LAND AND RESOURCE SOLUTIONS Michelle Martin January 19, 2006 Weld County Department of Planning Services 4209 CR 24.5 Longmont, CO 80504 Esther Gesick Weld County Clerk to the Board P.O. Box 758 Greeley, CO 80632 Ms. Martin&Ms. Gesick, AGPROfessionals, LLC, on behalf of our client, Mr. Mike Davis, respectfully requests a hearing before the Weld County Board of County Commissioners regarding Recorded Exemption Number 4219, conditionally approved on October 5, 2005, specifically regarding condition 2.C. and related access issues. We request the hearing at the earliest available hearing date to provide servient property owners the opportunity to demonstrate any evidence as to an adverse intent of the parties at the time the recorded easements were created, and any additional evidence as to an "unreasonable" increase in the burden on the servient estate, as per file memo dated August 23, 2005 from County Attorney, Mr. Bruce Barker. Please contact me at (970) 535-9318 if you have any questions, comments, or concerns. Thank you. Sinc el 1 o . Haren, Owner GPROfessionals, LLC Pc: Mike Davis Bruce Barker Lee Morrison ENGINEERING, PLANNING, CONSULTING & REAL ESTATE AGPROfessionals,LLC/LANDPROfessionals,LLC 4350 Highway 66•Longmont,CO 80504 970.535.9318/office• 303.485.7838/metro•970.535.9854/fax• www.agpros.com DEPARTMENT OF PLANNING SERVICES ON WI`D C� ADM N SDTRATIVE REVIEW COLORADO Applicant: Michael and Sheila Davis RE-4219 Planner: MM Legal Pt. NW4 of Section 33, T2N, R68W and Pt. S2 SW4 of Section 28, T2N, R68W of the Description: 6'" P.M. Weld County, Colorado Parcel ID#: 1313 33 000046 Lot A Size: 20 +/-acres Lot B Size: 28 +/-acres Lot C Size: n/a Lot D Size: n/a Water Source: Left Hand Water District Sewer System: Septic Criteria Checklist Yes No X 1. Conforms with Chapter 22 of the Weld County Code and any adopted municipal plan. X 2. Compatible with the existing surrounding land uses. X 3. Consistent with the intent of the zone district. X 4. Consistent with efficient and orderly development. X 5. Complies with Recorded Exemption standards in Section 24-8-40 of the Weld County Code. X 6. Provides for adequate protection of the health, safety, and welfare of the inhabitants of the neighborhood and the County. Approved with Conditions • The Weld County Department of Planning Services has determined through an administrative review that the standards of Section 24-8-40 of the Weld County Code have been met. This Recorded Exemption is approved with the following conditions in accordance with information submitted in the application and the policies of Weld County. 1. A Weld County septic permit is required for any proposed home. The septic system shall be installed according to the Weld County Individual Sewage Disposal System (I.S.D.S.) regulations. Page 1 2. Prior to recording the plat: A. The plat shall be titled: Recorded Exemption No. 1313-33-2 RE-4219 B. The applicant shall submit a letter to the Department of Planning Services requesting to vacate USR-1180 for a single family dwelling and accessory structures on a parcel less than the minimum lot size in the Agricultural Zone District. C. The applicant shall submit to the Weld County Department of Planning Services a recorded copy of any agreement signed by all of the owners of the property crossed by the access. The access shall be for ingress and egress and shall be referenced on the plat by the Weld County Clerk and Recorders reception number. D. The existing easement under reception number 2415749 is for a 14 foot access, width requirements for emergency equipment are a minimum of 20 feet. The applicant shall provide written documentation that the Mt. View Fire Protection department and emergency services that the access lane is adequate for emergency purposes. E. A 30 foot wide joint access and utility easement extending across Lot B from County Road 5, for the benefit of Lots A and B, shall be shown clearly on the plat. The joint easement shall be dedicated for the use as shown using the language set forth in the Weld County Code,Appendix 24-F.E. The easement shall be graded and drained to provide all weather access. F. All approved accesses shall be clearly shown on the plat.The applicant shall contact the Weld County Department of Public Works to determine if a culvert is necessary at any approved road access point. If a drainage culvert is required, a 15 inch Corrugated Metal Pipe(CMP)is Weld County's minimum size. If the applicant chooses to place a larger culvert please contact the Weld County Department of Public Works to adequately size the culvert. G. County Road 5 is classified by the County as a local gravel road,which requires 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. If the right-of-way can not be verified, it shall be dedicated. The plat shall delineate the existing right-of-way and the documents which created it along with any additional right-of-way reservation required. H. The applicant shall attempt to address the requirements (concerns)of Boulder&Weld County Ditch Company, as stated in the referral response dated 8/18/05. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. I. The applicant shall attempt to address the requirements(concerns)of New Consolidated Lower Boulder Reservoir & Ditch Company, as stated in the referral response dated 8/22/05. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. J. The applicant shall attempt to address the requirements(concerns)of Mt.View Fire Protection District,as stated in the referral response dated 8/26/05. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. K. The applicant shall address the requirements of Weld County School District RE-1J as stated in the referral response dated 9/13/05. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. L. 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. Page 2 M. 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. N. The following notes shall be placed on the plat: 1) All proposed or existing structures will or do meet the minimum setback and offset requirements for the zone district in which the property is located. Pursuant to the definition of setback in the Weld County Code, the required setback is measured from the future right-of-way line. * No building or structure as defined and limited to those occupancies listed as Groups A, B, E, F, H, I, M and R in Section 302.1 of the 2003 International Building Code, shall be constructed within a 200-foot radius of any tank battery or within a 150-foot radius of any wellhead. Any construction within a 200-foot radius of any tank battery or 150-foot radius of any wellhead shall require a variance from the terms of the Section 23-3-10 of the Weld County Code. 2) Any future structures or uses on site must obtain the appropriate zoning and building permits. 3) Lot A is not eligible for a future land exemption in accordance with Section 24-8-20.C.1 of the Weld County Code. 4) Prior to the release of building permits, the applicant shall submit a recorded deed describing the Lot upon which the building permit is requested with the building permit applications. The legal description on such deed shall include the Lot designation and Recorded Exemption number. 5) Prior to the release of building permits, the applicant shall submit evidence to the Department of Planning Services that Lot A has an adequate water supply of sufficient quality, quantity and dependability. 6) 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. 7) Building permits shall be obtained prior to the construction of any building.Buildings that meet the definition of an Ag Exempt Building per the requirements of Section 29-1-20 and Section 29-3-20.B.13 of the Weld County Code do not need building permits, however,a Certificate of Compliance must be filed with the Planning Department and an electrical and/or plumbing permit is required for any electrical service to the building or water for watering or washing of livestock or poultry. 8) Effective January 1,2003, Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County Road Impact Program.(Ordinance 2002-11) 9) Effective August 1, 2005, Building permits issued on the subject site will be required to adhere to the fee structure of the Capital Expansion Impact Fee and the Stormwater/Drainage Impact Fee. (Ordinance 2005-8) 10) 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 Page 3 • products sold. The rural areas of Weld County may be open and spacious,but they are intensively used for agriculture. Persons moving into a rural area must recognize and accept there are drawbacks, including conflicts with longstanding agricultural practices and a lower level of services than in town. Along with the drawbacks come the incentives which attract urban dwellers to relocate to rural area:open views,spaciousness,wildlife, lack of city noise and congestion, and the rural atmosphere and way of life. Without neighboring farms, those features which attract urban dwellers to rural Weld County would quickly be gone forever. Agricultural users of the land should not be expected to change their long-established agricultural practices to accommodate the intrusions of urban users into a rural area. Well run agricultural activities will generate off-site impacts,including noise from tractors and equipment; slow-moving farm vehicles on rural roads; dust from animal pens,field work, harvest, and gravel roads; odor from animal confinement, silage, and manure; smoke from ditch burning;flies and mosquitoes;and the use of pesticides and fertilizers in the fields, including the use of aerial spraying. Ditches and reservoirs cannot simply be moved out of the way of residential development without threatening the efficient delivery of irrigation to fields which is essential to farm production. Section 35-3.5-102, C. R. S., provides that an agricultural operation shall not be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs methods or practices that are commonly or reasonably associated with agricultural production. Weld County covers a land area of over 4,000 square miles in size (twice the State of Delaware) with more than 3,700 miles of state and County roads outside of municipalities. The sheer magnitude of the area to be served stretches available resources. Law enforcement is based on responses to complaints more than on patrols of the county and the distances which must be traveled may delay all emergency responses, including law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must leave their jobs and families to respond to emergencies. County gravel roads,no matter how often they are bladed,will not provide the same kind of surface expected from a paved road. Snow removal priorities mean that roads from subdivisions to arterials may not be cleared for several days after a major snowstorm. Snow removal from roads within subdivisions are of the lowest priority for public works or may be the private responsibility of the homeowners. Services in rural areas, in many cases,will not be equivalent to municipal services. Rural dwellers must, by necessity, be more self-sufficient than urban dwellers. Children are exposed to different hazards in the county than in an urban or suburban setting. Farm equipment and oil field equipment, ponds and irrigation ditches,electrical power for pumps and center pivot operations, high speed traffic, sand burs, puncture vines, territorial farm dogs, and livestock present real threats to children. Controlling children's activities is important, not only for their safety, but also for the protection of the farmer's livelihood. Parents are responsible for their children. 3. The applicant shall submit two(2)paper copies of the plat for preliminary approval to the Weld County Department of Planning Services. Upon approval of the paper copies the applicant shall submit a Mylar plat along with all other documentation required as conditions of approval. The Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder by Department of Planning Services' Staff. The plat shall be prepared in accordance with the requirements of Section 24-8-60 of the Weld County Code. The Mylar plat and additional requirements shall be submitted within sixty(60)days from the date the Administrative Review was signed. The applicant shall be responsible for paying the recording fee. Page 4 4. 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. 5. In accordance with Weld County Code Ordinance 2005-7 approved June 1, 2005, should the plat not be recorded within the required sixty(60)days from the date the Administrative Review was signed a $50.00 recording continuance charge shall be added for each additional 3 month period.(Department of Planning Services) 6. The Weld County Department of Planning Staffs approval of this Recorded Exemption Application is based on satisfying the Conditions of Approval.Should an applicant be unwilling or unable to meet any one of these conditions within 60 days of approval,then this case will be forwarded to the Weld County Board of County Commissioners with a staff recommendation for denial. By % Date October 5, 2005 Mic elle Martin ❖ Planner II Page 5 to a) . O 1.1 � (-3 co Q E .. r ` ' OO n3 o ii Q- a I •U 12 co al CD N TIZT \-0 g cti U 71 N Q co s. 0Q • O 0to D. Q O D f 0 . 0 E n \\\ . co Zy x� j U T = " a) a a) 0 a E 'C a) N C 4t, c� ti .UVc erg° C CICI " f4EU cnvtovYE � ot$ N .� 3 -o = -v E 3 000V ° OQ) .cOc) NO O V U ¢ .6)• .mac oif 7-6D C 005 E ... 0 LL E cu c WI a) 5 c a z E Li r 8 O. ,O O - - ° VOo E Plat Checklist POC Planner Item ="' Comments Check I Check Proper size and material `24" x 36" or 18"x 24"/Minimum 3 millimeter polyester sheet L. Lettering No stick-on lettering / Minimum 8 pt. lettering -- Boundaries of Lots Scale Suitable Scale's{1"=200' oT 1"=100') Accesses indicated Shared Access?If so,is easement Certificate included? Roads labeled,including R.O.W Building Envelope(s) Vicinity Map Suitable Scale?(Minimum 1" =2000') North Arrow . ' Legal Description Notes from Planner/ Development Standards Conditions of Approval Owner's Certificate Notarial Certificate included? All owners must sign the plat, check the deed, Surveyor's Certificate and All surveyed plats Surveyor's S t. Stamp Note: USR plats do not need to be surveyed Director of Planning Notarial Certificate included? (RE,SE,SPR,Final PUD if Certificate - Staff Approved) Planning Commission (USR, COZ,Minor Sub.Final) Certificate Board Certificate (USR, COZ„Minor Sub Final) (Final PhD,RE, SE&ZPMH ifDcard approved) Typical Road Cross Section (COZ,Final Minor Sub. and Final PhD) Easements Please return the plat to the CAD Technician within 24 hours of receiving the plat. Planner on Call: t, (Initials) Planner Sienar‘re: Date: WELD COUNTY, COLORADO O 1 DEPARTMENT OF PLANNING SERVICES 4209 CR 24.5 LONGMONT, CO 80504 PHONE:720-6524210,EXT. 8730/FAX:720-652-4211 Date: C,! b' 20 d j lReceipt No. 1U9 Received From: 1//,u, Permit Type No. Description Fee 4221-RE/SE ut 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 MISC. S3O � / C coo - OCASH ;CHECK NO. ,, ` TOTAL FEE Receipted By: DL# 1 Exp. WELD COUNTY, COLORADO DEPARTMENT OF PLANNING SERVIL_3 4209 CR 24.5 LONGMONT, CO 80504 r PHONE: 720-652.4210, EXT. 8730/FAX: 720.652-4211 Date: t' ✓044,/ )' 20 >-7 13*0 Receipt No. Received From: Permit Type No. Description Fee 4221-RE/SE 4221-ZPMH 4221-USR 4221-SITE PLAN REVIEW 4221-CHANGE OF ZONE 4221-PUD 4221-MINOR/MAJOR SUB #OF BUILDABLE LOTS 4221-ADDITIONAL 30% FEE FOR SUB's 4221-RE-SUBDIVISIONS 4221-BOA 4221-FHDP/GHDP 4430-MAPS/POSTAGE 4430-COPIES 4730-INVESTIGATION FEE 6560-RECORDING FEE MISC. / `SASH OCHECK NO. TOTAL FEE Receipted By: DL# Exp. I ₹ 3/4- Tr : . xgr t ti 3 Elf MICHAEL A. DAVIS SHEILA DAVIS 2722 n 6876 WELD COUNTY RD.5 303-828-1253 ERIE,CO 80516 'Date ��^�� 82_531/1070 ,. // / 48323 Orriea tie Si- ,' U f�4-rV�7 V j -'il bs$+ I $ (j S e�--.- r t 4 �: �� .2 f <yry t B �...., Dollars ®:Compass Bank Longmont;C61oreEo `, For / '� ,p _ CpC % I: 10 700 5 3 19i: 0L01L46566g' 2722 iiit ST. VRAIN VALLEY SCHOOLS _ - 395 S.Pratt Pkwy. - _. ..__. 2.6 Q0'1 C Longmont,CO 80501 - - v .LU (303)776-6200 - DATE - RECEIVED FROM 0 7 ) THE SU OF — i Ck/I FOR 1 :ref C NL DOLLARS $ ,54, AMOUNT OF ACCOUNT $ AMOUNT PAID $ 47441414 � f BALANCE DUE $ /( 'K� O CASH 0 CHECK ElM.O. 0 CREDIT CARD BY C(j p1-‘- C-'nlhtw ACKNOWLEDGEMENT AND RECEIPT FOR PAYMENT OF FAIR CONTRIBUTION FOR PUBLIC SCHOOL SITES In accordance with the Agreement Concerning Fair Contributions for Public School Sites between the (Weld County) and the St. Vrain Valley School District RE-1J, the St. Vrain Valley School District acknowledges that the applicable payments in-lieu of land dedication for public school sites, as set forth below, has been paid by the person or entity and for the property described, to be deposited into the Fair Contribution for Public School Sites Account. Property address (if known): R £ - I ca 1 Lot and Block Number. S,�K f� w N w /c� y� �c 3 3 Y a 2.t& t� i 1 Name of Area or Development: Calculation of Fee Amount(Based on Type of Residential Dwelling) Single Family Home @ $654 per unit Date Paid: { .c`C. Receipt Number ',\co Amount Paid: $ 0 Feeder Area: (Acct. 29.769.0000.2040.000000. .000.00 St. Vrain Valley School District RE-1J By: Authorized S ho District Representative (NOT VALID OUT SCHOOL DISTRICT SEAL) TC-L L A. Pr^opnerty Owner ame (please print) Property Ownerr$-Signature(s) (If paid by Owner) Contractor's Name (please print) Contractor's Signature (If paid by Contractor) Page 1 of 1 Michelle Martin From: Laurel Johnson [Ijohnson@landpros.net] Sent: Monday, February 12, 2007 1:35 PM To: Michelle Martin Subject: FW: Exhibit A-Survey Davis RE-4219 Attachments: Final Survey.pdf Michelle, here is the email I sent to Jeff Kahn's assistant to attach as Exhibit A to the agreement. Thank you, Laurel Johnson LANDPROFRESSIONALS, LLC 4350 HWY 66 Longmont, CO 80504 Office: 970-535-4941 Fax: 970-535-9854 From: Laurel Johnson Sent: Friday, February 09, 2007 8:15 AM To: 'bhartshorn@blglaw.com' Subject: Exhibit A - Survey Davis RE-4219 Please find the attached. Regards, Laurel Johnson LANDPROFRESSIONALS, LLC 4350 HWY 66 Longmont, CO 80504 Office: 970-535-4941 Fax: 970-535-9854 02/12/2007 AGREEMENT 1. PARTIES. The parties to this agreement are Michael A. Davis and Sheila A. Davis ("Mr. and Mrs. Davis")and the New Consolidated Lower Boulder Reservoir and Ditch Company, a Colorado non-profit corporation ("Company"). 2. RECITALS. Mr. and Mrs. Davis desire to obtain an approval of a subdivision from Weld County, Case No. RE-4219 that would create two lots (Lots A and B)adjacent to the Lower Boulder Ditch owned by the Company. Mr.and Mrs. Davis desire to construct an access road to serve the two lots adjacent to the easement for the Lower Boulder Ditch as shown on the attached Exhibit A,the proposed recorded exemption plat for the subdivision. The Northern Colorado Water Conservancy District, co-owner of the Lower Boulder Ditch (also known as the South Platte Supply Canal), owns a deeded easement for the Lower Boulder Ditch recorded at Book 1451, Page 213, Reception Number 1231072 of the Weld County real estate records. The Company has no objection to the approval of Case No. RE-4219 or the construction of the access road provided it does not encroach upon the deeded easement and does not affect the stability of the Lower Boulder Ditch or the easement adjacent to the Lower Boulder Ditch. NOWTHEREFORE, THE PARTIES AGREE AS FOLLOWS: 3. ACCESS ROAD CONSTRUCTION. Mr. and Mrs. Davis, and/or their assigns, successors or heirs, agree to construct the access road to Lots A& B as shown on Exhibit A without encroaching upon the deeded easement for the Lower Boulder Ditch as referenced above and without affecting the stability of the Lower Boulder Ditch or the easement adjacent to the Lower Boulder Ditch. 4. WITHDRAWAL OF OBJECTION TO APPLICATION FOR RECORDED EXEMPTION. The Company agrees to withdraw any objection to the application for the subdivision, Case No. RE-4219. Dated: i ) iO/ 0 7— ((( New Consolidated Lower Boulder Reservoir and Ditch Company fKLC.9 By: Michael A. Davis By: Dave Yardley, Secretary By: Sheila A. Davis • F.\CLIENTS\NINEWLB\DAVIS PARCEL ACCESSLAGREEMENTSM00]012SJJK DAVIS AG RE EM ENT.DOG 01'301071Y.32AM- Page 1 of 1 Michelle Martin From: Laurel Johnson [Ijohnson@landpros.net] Sent: Monday, January 08, 2007 10:12 AM To: Michelle Martin Subject: Davis Recorded Exemption, RE-4219 Michelle, wanted to let you know the progress on the above RE. We have been in contact with NCWCD and have had to reschedule meetings with them due to weather. Hopefully next Monday or Tuesday we will get a sign off from them. Thanks, Laurel Johnson LANDPROFRESSIONALS, LLC 4350 HWY 66 Longmont, CO 80504 Office: 970-535-4941 Fax: 970-535-9854 From: Michael Davis [mailto:michaeld51@netzero.net] Sent: Monday, January 08, 2007 9:38 AM To: Laurel Johnson Subject: RE: Davis Recorded Exemption, RE-4219 Laurel, I spoke to David Yardley today. Don Hubbard has to go to KC for a funeral on Wed. We agreed to get together next week. He asked me to call Mon or Tues. I explained to him how we are going to create a new road on our existing property that will run parallel to the delivery ditch on our property. He seemed fine with that. I told him that we are NOT going to use the ditch road as primary access to the lot. Thanks, Mike 01/08/2007 LANDPRO REAL ESTATE & LAND USE PLANNING December 5, 2006 Boulder& Weld County Ditch Company P.O. Box 1826 Longmont, CO 80502 Subject: Recorded Exemption 4219, Davis To Whom It May Concern: Thank you for your participation in the Recorded Exemption process in Weld County. In response to your letter dated August 18, 2005 the applicant agrees to adhere to the operations and maintenance easement and will not build fences within 20 feet of the center line of the ditch. If you have questions,please contact us. Regards, r ,J Laurel C. Johnson Administrator lc] REAL ESTATE, PLANNING, CONSULTING LANDPROFESSIONALS, LLC 4350 Highway 66• Longmont,CO 80504 . office 970.535.4941 ■ metro 303.485.7838 • fax 970.535.9854 • mark@landpros.net al LANDPRO REAL ESTATE & LAND USE PLANNING December 5, 2006 New Consolidated Lower Boulder Reservoir& Ditch Company 3838 Florentine Circle Longmont, CO 80302 Subject: Recorded Exemption 4219, Davis To Whom It May Concern: Thank you for your participation in the Recorded Exemption process in Weld County. In response to your letter dated August 22, 2005 your records are correct. The application was filled out incorrectly by Sharyn Frazer of AGPROfessionals, LLC. The applicant did purchase the property with 5 common shares. If you have questions, please contact us. Regards, --- Laurel C. Johnson Administrator Icj REAL ESTATE, PLANNING, CONSULTING LANDPROFESSIONALS,LLC 4350 Highway 66.Longmont, CO 80504 ■ office 970.535.4941 • metro 303.485.7838 • fax 970.535.9854 • mark@landpros.net LANDPRO REAL ESTATE & LAND USE PLANNING December 5, 2006 New Consolidated Lower Boulder Reservoir& Ditch Company 3838 Florentine Circle Longmont, CO 80302 Subject: Recorded Exemption 4219, Davis Mr. David J. Yardley: Thank you for your participation in the Recorded Exemption process in Weld County. This letter is in response to your letter dated August 22, 2005 regarding the proposed access easement along the northern boundary of the ditch owned by New Consolidated Lower Boulder Reservoir and Ditch Company. It has been determined by the legal representative of New Consolidated Lower Boulder Reservoir and Ditch Company(Mr. Jeff Kahn, of Bernard, Lyons, Caddis & Kahn, P.C.)that the proposed access easement to Lot A along the northern boundary of the ditch will not be permissible. Therefore, Mr. Davis will not use this as a primary access to Lot A of this recorded exemption. If you have questions, please contact us. Regards, Laurel C. Johnson REAL ESTATE, PLANNING, CONSULTING LANDPROFESSIONALS,LLC 4350 Highway 66.Longmont,CO 80504 • office 970.535.4941 • metro 303.485.7838 • fax 970.535.9854 • Ijohnson@landpros.net LANDPRO REAL ESTATE & LAND USE PLANNING December 5, 2006 Mountain View Fire Protection District 9119 County Line Road Longmont, CO 80501 Subject: Recorded Exemption 4219, Davis To Whom It May Concern: Thank you for your participation in the Recorded Exemption process in Weld County. In response to your letter dated August 26, 2005 the applicant agrees to construct any residence or modular home in accordance with the provisions of the Fire Code, any fire protection measures required by the district will be adhered to. If you have questions,please contact us. Regards, Laurel C. Johnson Administrator lei REAL ESTATE, PLANNING, CONSULTING LANDPROFESSIONALS, LLC 4350 Highway 66•Longmont,CO 80504 ■ office 970.535.4941 • metro 303.485.7838 • fax 970.535.9854 • mark@landpros.net LANDPRO REAL ESTATE & LAND USE PLANNING December 5, 2006 Michelle Martin Weld County Department of Planning Services 918 10th Street Greeley, CO 80631 Subject: Recorded Exemption 4219, Davis Michelle: Michael and Sheila Davis would like to request a vacation of Special Use Permit USR-1180 (Reception Number 2634322). This request is to fulfill conditional approval 2-b for Recorded Exemption RE-4219. 44C, Michae . Davis Date Sheila A. Davis Date REAL ESTATE, PLANNING, CONSULTING LANDPROFESSIONALS, LLC 4350 Highway 66.Longmont,CO 80504 • office 970.535.4941 • metro 303.485.7838 • fax 970.535.9854 • mark@landpros.net Page 1 of 1 Michelle Martin From: Brenda K. Hartshorn [BHartshorn@blglaw.comj Sent: Tuesday, December 05, 2006 8:10 AM To: Michelle Martin Cc: rainbaa@earthlink.net-jstruble@ncwcd.org; Jeffrey J. Kahn Subject: Addresses Here are the addresses you requested: David J. Yardley, Secretary New Consolidated Lower Boulder Reservoir and Ditch Company 3838 Florentine Circle Longmont, CO 80503 Jim Struble Northern Colorado Water Conservancy District 220 Water Avenue Berthoud, Colorado 80513 Jeffrey J. Kahn Bernard, Lyons, Gaddis & Kahn, P.C. P.O. Box 978 Longmont, CO 80502-0978 Brenda K. Hartshorn, Legal Assistant Bernard, Lyons, Gaddis & Kahn, P.C. P.O. Box 978 Longmont, CO 80502-0978 303-776-9900; Facsimile 303-413-1003 bhartshom@blglaw.com www.blglaw.com CONFIDENTIALITY STATEMENT:THIS E-MAIL MESSAGE AND ANY ACCOMPANYING DOCUMENTS CONTAIN INFORMATION WHICH IS ATTORNEY PRIVILEGED,CONFIDENTIAL AND INTENDED ONLY FOR THE USE OF THE ABOVE-NAMED RECIPIENT.IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT,YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION,DISTRIBUTION,PRINTING OR COPYING OF THIS MESSAGE IS STRICTLY PROHIBITED.IF YOU HAVE RECEIVED THIS MESSAGE IN ERROR,PLEASE IMMEDIATELY NOTIFY US BY TELEPHONE OR RETURN THE E-MAIL MESSAGE TO US.THANK YOU. 12/05/2006 Page 1 of 1 Michelle Martin From: Michelle Martin Sent: Monday, December 04, 2006 12:41 PM To: 'Jeffrey J. Kahn' Subject: RE: Davis Subdivision App., RE-4219 I would be more than happy to forward you copies of the plat when I receive them from the applicant. Can you please send me your mailing address so I can make sure they get sent to the right person, thanks. dieS eX dtca,4raz Planner II 4209 CR 24.5 Longmont, CO 80504 mmartin@co.weld.co.us PHONE: (720)652-4210 x 8730 FAX: (720) 652-4211 From: Jeffrey J. Kahn [mailto:JKahn@blglaw.com] Sent: Friday, December 01, 2006 7:44 PM To: Michelle Martin Cc: rainbaa@earthlink.net; Jim Struble Subject: Davis Subdivision App., RE-4219 I talked to the consultant from LandPro and Mike Davis and they indicated that they would go back to the original plan of putting in a new access road separate and apart from the ditch easement and ditch road. Could you pls make sure that the Lower Boulder Co (Dave Yardley), me and the Northern Colorado Water Conservancy District(Jim Struble) receive copies of the change back to the original plan. Provided that the applicant goes back to the original plan of putting the access to the new parcel off of the ditch road and off of the easements that both Lower Boulder and Northern own, I do not believe that Lower Blder has a conflict with the application. Thus, it appears unnecessary to have a meeting(unless the applicant does not revert back to the original plan). Pls be advised that I do not believe that Lower Blder or Northern will ever agree to the use of the ditch road for the Lower Blder Ditch a/k/a the South Platte Supply Canal to be used as access for residential use or commercial developments. There is to much potential for conflict and the uses are not compatible. Let me know if you have questions. 12/04/2006 ocoNigw A MOUNTAIN VIEW FIRE PROTECTION DISTRICT Administrative Office: 9119 County Line Road•Longmont, CO 80501 (303)772-0710•FAX(303)651-7702 VIEW October 18, 2006 Ms. Laurel C. Johnson Landpro 4350 Highway 66 Longmont, CO 80504 Dear Ms. Johnson: This letter is written with regard to the proposed emergency access to serve the Mike Davis property at 6876 Weld County Road 5 (Case Number: RE-4219). Although the proposed road is only 14 feet in width, and the Fire Code requires 20 feet, the road width is acceptable if the following conditions are met: • The new residence will be protected with automatic fire sprinklers. • The road width is increased to 20 feet in width where fire apparatus would stage (within 150 feet of all portions of the building as measured by an approved route around the exterior of the building). • Adequate means for the turning around of fire apparatus is provided. • All trees along the emergency access are trimmed back to provide the full 14 feet of width to a height of 13 feet, 6-inches. • The width of the road and turning radius is increased to allow apparatus to make the turn north from the existing east bound access road to the existing north bound ditch road by the head-gate. Should you have any questions, please contact me at(303) 772-0710. Sincerely, C� \! ,^ � c LuAnn Penfold Fire Marshal LMP/lp ec: project file 1010.26.06 Station 1 Station 2 Station 3 9119 Cnty Line Rd. 14308 Mead Si,Unit B P.O.Box 575P.O.Station 4 Dobbin o 5 Stettin a nanza Dr. P.OSt. x 90 Longmont.CO LongmontP.O.Box 1 o 10911 yeteRun 50 80501 80504 Mad,COPalmer Ave. 8500 CO Road Lafayette,CO Etle, 100 So.CO SL Mead.0080542 Matt 0080544 80026 80516 Dacono, 8051400 October 3. 2006 New Consolidated Lower Boulder Reservoir and Ditch Company Attn: David Yardley 3838 Florentine Cir. Longmont, CO 80302 Re: Existing ditch road access on proposed Lot A of RE-4219 Please examine the following statement and let me know if you are comfortable with the wording, and feel it protects your interests as well as my interests. If is my understanding that the ditch road is and can be utilized by both Deeded Owner and Ditch Company, whom has an acknowledged easement. Suggested wording placed on the survey plat Where the Access and utility easement follows the existing road along the ditch owned by the New Consolidated Lower Boulder Reservoir and Ditch Company no restrictions shall be placed on said ditch companies right of access or maintenance. This would include no placement of fences, landscaping, or other impediments to normal activities of said ditch company along the existing road and prescriptive easement. This would also apply to any shifts in existing road due to migration of canal by typical yearly secretion or erosion. Landowner reserves the right to improve existing road as long as a gradable surface is maintained and rights to said ditch company as mentioned above are insured. No utilities will be place in road bed but will parallel existing road. Regard Mr. Mike avis 6876 County Road 5 Erie, CO 80516 Cc: Hammer Land Surveying, Gary Hammer Cc: LANDPRO LANDPRO AG REAL ESTATE& LAND USE PLANNING September 27, 2006 Michelle Martin Weld County Department of Planning Services 918 10th Street Greeley, CO 80631 Subject: Recorded Exemption 4219, Davis Michelle: We are working under the assumption that condition 2-C of RE-4219 has been met since the existing access is 28'. We assume that we do not need a letter from the Fire District stating that the access lane is adequate for emergency purposes given this information. Regards, Laurel C. Johnson Planning Tech REAL ESTATE, LAND PLANNING, CONSULTING LANDPROFESSIONALS, LLC. 4350 Highway 66 • Longmont, CO 80504 office 970.535.4941 • metro 303.485.7838 • tax 970.535.9854 • mark@landpros.net PRO COMPLETE LAND AND RESOURCE SOLUTIONS September 27, 2006 New Consolidated Lower Boulder Reservoir& Ditch Company 3838 Florentine Circle Longmont, CO 80302 Subject: Recorded Exemption 4219, Davis To Whom It May Concern: Thank you for your participation in the Recorded Exemption process in Weld County. In response to your letter dated August 22, 2005 your records are correct. The application was filled out incorrectly at the time by Sharyn Frazer of AGPROfessionals, LLC. The applicant did purchase the property with 5 common shares. If you have questions, please contact us. Regards, Laurel C. Johnson Planning Tech REAL ESTATE, LAND PLANNING, CONSULTING LANDPROFESSIONAL S. LLC 4350 Highway 66 • Longmont,CO 80504 office 970.535.4941 • metro 303.485.7838 • fax 970.535.9854 • mark@landpros.net AGPkO -- LANDPRO COMPLETE LAND AND RESOURCE SOLUTIONS April 12, 2006 Boulder& Weld County Ditch Company P.O. Box 1826 Longmont, CO 80502 Subject: Recorded Exemption 4219, Davis To Whom It May Concern: Thank you for your participation in the Recorded Exemption process in Weld County. In response to your letter dated August 18, 2005 the applicant agrees to adhere to the operations and maintenance easement and will not build fences within 20 feet of the center line of the ditch. If you have questions, please contact us. Regards, Laurel C. Johnson Administrator lcj REAL ESTATE, PLANNING/ZONING, CONSULTING LANDPROFESSIONALS, LLC 4350 Highway 66•Longmont,CO 80504 ■ office 970.535.9318 • metro 303.485.7838 • fax 970.535.9854 • mark@landpros.net AGPRO ■ LANDPRO COMPLETE LAND AND RESOURCE SOLUTIONS Weld County Planning Department April 10, 2006 SP TNWEST BUILDING APR 1 3 2006 Michelle Martin RECEIVED Weld County Department of Planning Services 918 10th Street Greeley, CO 80631 Subject: Recorded Exemption 4219, Davis Michelle: On behalf of Michael and Sheila Davis, we would like to request a vacation of Special Use Permit USR-1180 (Reception Number 2634322). This request is to fulfill conditional approval 2-b for Recorded Exemption RE-4219. If you have questions, please contact us. Regards, l/ U Laurel C. Johnson Administrator lcj REAL ESTATE, PLANNING/ZONING, CONSULTING LANDPROFESSIONALS, LLC 4350 Highway 66■Longmont,CO 80504 • office 970.535.9318 • metro 303.485.7838 ■ fax 970.535.9854 • mark@landpros.net �1 0 DEPARTMENT OF PLANNING SERVICES SOUTHWEST OFFICE 4209 CR 24.5 C LONGMONT, CO 80504 PHONE: (720)652-4210, Ext. 8730 O FAX: (720)652-4211 COLORADO April 28, 2006 Michael &Sheila Davis c/o AGPROfessionals LLC 4350 Hwy 66 Longmont CO 80504 Re: Conditions of Approval: RE-4219 Dear Applicant: On February 13, 2006, your application for a recorded exemption was administratively approved by the Weld County Department of Planning Services with specific Conditions of Approval. One of the required Conditions of Approval grants applicants sixty(60) days to submit a Mylar Plat. Should you choose not to complete the recorded exemption process and provide the required Mylar Plat, the Department of Planning Services will need to be notified in writing of your decision. If you do not formally withdraw your application and/or are unable to meet the Conditions of Approval, your case will be scheduled for a hearing before the Weld County Board of County Commissioners. Planning Staff will be recommending denial or your request at this hearing. If your application is denied by the Board of County Commissioners, the decision could affect future land development applications located on this parcel. Withdrawing applications will not generally affect future applications. Planning Services Staff is aware of the difficulty and associated delays in meeting the Conditions of Approval normally associated with land use cases, and is willing to work with you in completing your request. Please notify the Department of Planning Services, in writing, within 10 working days of your decision. Planning Services Staff can be contacted at the above address or phone number. Sincerely, The Department of Planning Services - LANDPRO COMPLETE LAND AND RESOURCE SOLUTIONS April 10, 2006 Michelle Martin Weld County Department of Planning Services 918 10th Street Greeley, CO 80631 Subject: Recorded Exemption 4219, Davis Michelle: On behalf of Michael and Sheila Davis, we would like to request a vacation of Special Use Permit USR-1180 (Reception Number 2634322). This request is to fulfill conditional approval 2-b for Recorded Exemption RE-4219. If you have questions, please contact us. Regards, Laurel C. Johnson Administrator lcj REAL ESTATE, LAND PLANNING, CONSULTING LANDPR0FESSI0NALS, LLC 4350 Highway 66 . Longmont,CO 80504 office 970.535.4941 • metro 303.485.7838 • fax 970.535.9854 • mark@landpros.net AGPRO LANDPRO COMPLETE LAND AND RESOURCE SOLUTIONS March 23, 2006 Mountain View Fire Protection District 9119 County Line Road Longmont, CO 80501 Subject: Recorded Exemption 4219, Davis To Whom It May Concern: Thank you for your participation in the Recorded Exemption process in Weld County. In response to your letter dated August 26, 2005 the applicant agrees to construct any residence or modular home in accordance with the provisions of the Fire Code, any fire protection measures required by the district will be adhered to. If you have questions,please contact us. Regards, Laurel C. Johnson Administrator lcj REAL ESTATE, PLANNING/ZONING, CONSULTING LANDPROFESSIONALS, LLC 4350 Highway 66• Longmont,CO 80504 ■ office 970.535.9318 • metro 303.485.7838 • fax 970.535.9854 • mark@landpros.net AGPRO LANDPRO COMPLETE LAND AND RESOURCE SOLUTIONS Michelle Martin January 19, 2006 Weld County Department of Planning Services 4209 CR 24. 5 Longmont, CO 80504 Esther Gesick Weld County Clerk to the Board P.O. Box 758 Greeley, CO 80632 Ms. Martin & Ms. Gesick, AGPROfessionals, LLC, on behalf of our client, Mr. Mike Davis, respectfully requests a hearing before the Weld County Board of County Commissioners regarding Recorded Exemption Number 4219, conditionally approved on October 5, 2005, specifically regarding condition 2.C. and related access issues. We request the hearing at the earliest available hearing date to provide servient property owners the opportunity to demonstrate any evidence as to an adverse intent of the parties at the time the recorded easements were created, and any additional evidence as to an "unreasonable" increase in the burden on the servient estate, as per file memo dated August 23, 2005 from County Attorney, Mr. Bruce Barker. Please contact me at (970) 535-9318 if you have any questions, comments, or concerns. Thank you. Sinc el o 1. Haren, Owner GPROfessionals, LLC Pc: Mike Davis Bruce Barker Lee Morrison ENGINEERING, PLANNING, CONSULTING & REAL ESTATE AGPROfessionals, LLC / LANDPROfessionals, LLC 4350 Highway 66 • Longmont, CO 80504 970.535.9318 /office . 303.485.7838 / metro ■ 970.535.9854 / fax • www.agpros.com aJ r te : Page 1 of 2 Michelle Martin From: Bruce Barker Sent: Tuesday, August 23, 2005 12:05 PM To: Michelle Martin Cc: Lee Morrison Subject: June 13, 2005, Letter from Scott M. Tarbox for RE-4219 Michelle: You have asked me to comment on a letter written to you, dated June 13, 2005, from Scott M. Tarbox and relating to RE-4219. The recorded exemption is to divide a property referred to as"Tract 2" into 2 lots (Lot A and Lot B). It is proposed that both proposed lots will gain access to WCR 5 via two recorded easements that provide ingress and egress from Tract 2. Your question is whether the 2 proposed lots may legally use the easements without first getting permission from the owners of the sentient estates (the owners of Tracts 1 and 3). Mr. Tarbox argues in his letter such additional permission is not necessary. He cites the cases of Riddell v. Ewell, 929 P.2d 30 (Colo. App. 1996), and Westland Nursing Home, Inc. v. Benson, 33 Colo. App. 245, 517 P.2d 862 (1974), for the proposition that the owners of each lot of a subdivided dominant estate may continue to use an access easement that formerly provided access to just the original (undivided) lot. Mr. Tarbox concludes that the 2 recorded easements combined with a new easement provided by the Davises, "the Davis(es)have the legal right and ability to provide ingress and egress access from County Road 5 to the newly subidivided protion of Tract 2." I both agree and disagree with Mr. Tarbox. In my opinion, the Westland Nursing Home case has been modified to a degree by and through the Restatement (Third)of Property (Servitudes) Section 5.7 (2000). In essence, what it says is that subdivided properties may use an easement that previously benefitted the original (undivided) property, as long as there is not an unreasonable increase in the burden on the sentient estate. If there is an unreasonable burden, then there must be some "apportionment"of the benefits of the easement amongst the subdivided properties. The Restatement provides the following illustration: Developer acquired an easement appurtenant to Blackacre for a 60-foot-wide access road across Whiteacre and then subdivided Blackacre into 100 lots with interior roads giving access to the road across Whiteacre. If use by 100 lots does not overburden the easement, no apportionment is required. Each lot in Blackacre is entitled to use the easement. So,just because a deed or grant of easement allows for ingress and egress to a parcel does not mean we refrain from looking to see what effect the use by owners of subdivided lots of the parcel will have on the sentient estate. If, for example in the above illustration, the width of the easement is such that vehicles will have trouble passing one another as they approach, I would say there is overburdening with vehicles trying to access 100 lots. Maybe only some of the newly created lots will be able to use the easement (apportion the easement to them, only). In this case there is no restriction stated in the Grants of Easements regarding the issue of increased use through division of Tract 2. I seriously doubt that now having access to newly created Lots A and B of Tract 2 will unreasonably increase the burden on the sentient Tracts 1 and 3. The total width of the easements is 28 feet. Unless there is some extrinsic evidence that could be produced by the owners of the sentient Tracts 1 and 3 showing that the intent of the parties at the time the Grants of Easements were executed was that"ingress and egress"to Tract 2 meant use by the owner of Tract 2 (undivided) only, I think the owners of both of the new Lots A and B can use the easements. The use of extrinsic evidence to provide insight into the intent of the creators of a servitude is allowed by and through the case of Lazy Doq Ranch v. Telluray Ranch Corporation, 965 P.2d 1229 (Colo. 1998). My feeling is that to be fair, notice should be provided to the owners of the sentient Tracts 1 and 3 to allow them the opportunity to provide any evidence they may have that the intent of the parties at the time the recorded easements were created was not to allow use by the proposed new Lots A and B. If the Davises disagree with 08/25/2005 ,,, Page 2 of 2 • the provision of such notice, or if notice is provided and the owners of the servient Tracts 1 and 3 submit such evidence, refer the RE to the Board of County Commissioners for decision. Let me know if you have any questions or comments. Bruce. 08/25/2005 June 13, 2005 Ms. Michelle Martin Weld County Planning and Building Department 918 10th Street Greeley, CO 80631 RE: Michael and Sheila Davis — Easement Dear Ms. Martin: Please be advised that this firm represents Mr. and Mrs. Michael Davis, who own property at 6876 Weld County Road 5,Erie,Colorado. The Davis'are requesting permission to subdivide their property and it is my understanding that you are concerned with regard to a right of access to the planned subdivided property. To provide a quick history of the ingress and egress rights with regard to the property, in 1994,the Davis'predecessor, Ms.Josephine Miles, received an easement for ingress and egress, maintenance of irrigation facilities and location of utilities from the two neighboring property owners. These easements were the result of Civil Action no.92 CV 399 in the Weld County District Court and were memorialized in two Grant of Easement documents,recorded on November 17, 1994, at Reception No. 2415749, Book 1468, Page 49 ("Tract 1 Easement") and at Reception No. 2415750, Book 1468, Page 50("Tract 3 Easement"). A copy of the Tract 1 Easement and a copy of the Tract 3 Easement are attached for your reference. The Davis'predecessor, Ms.Josephine Miles, gave reciprocal easement to Tract 3 across the Davis' property, known as Tract 2. Consequently, these three easement agreements provided access to the Tract 2,Tract 3 and Tract 4 properties across Tract 1,and then running down the property line between Tract 2 and Tract 3 from Weld County Road 5 eastward to the centerline of the Lower Boulder Irrigation Canal. The Tract 2 and Tract 3 reciprocal easements provide a 14 feet wide easement on Tract 2 and 14 feet wide easement on Tract 3. See attached drawing. Ms. Michelle Martin June 13, 2005 Page 2 of 3 Upon subdividing the Davis'property,the Davis'would then grant and record a new access easement,veering off from the existing easement and continuing along the southern boarder of Tract 2 to the newly subdivided property, thus providing complete ingress and egress from Weld County Road 5 to the newly subdivided property. See new easement on attached drawing. Under Colorado law,when an express easement'is granted,"it can be assumed that the parties to the grant or conveyance contemplated a normal development of the use of the dominant tenement."2 Riddell v.Ewe!!,929 P.2d 30(Colo.App. 1996),at 708,citing Westland Nursing Nome v. Benson 517 P.2d 862 (Colo.App. 1974). In addition, the Court in Riddell stated, "Specifically, a right of way or easement may be used for any purpose to which the dominant estate may then, or in the future,reasonably be devoted."Id. Finally,the Westland court adopted the Restatement of Property Section 478 and 479 and the illustrations cited therein and stated that an"easement acquired by one family living on a dominant estate which lies in the path of a growing city may be utilized by all families living there after the dominant estate is subdivided." Westland at 867. The previous holdings of the Colorado courts apply to Mr. and Mrs. Davis'request for the right to subdivide as follows: * Since the various easement agreements are express, or written and recorded, it can be assumed that the parties granting the Tract 1 and Tract 3 easements contemplated a normal development of the various tracts,which in this case is the development and subdivision of the Davis' Tract 2. * A right of way or easement may be used for any purpose to which the dominant estate, the Davis' Tract 2, may then, or in the future be reasonably devoted, which would include subdividing for additional residences. ‘* The easements acquired by the Davis' predecessor can be utilized by all families living on the Davis' property after the Davis' property is subdivided. Therefore,from the existing easements combined with a new easement to be provided by the Davis',the Davis'have the legal right and ability to provide ingress and egress access from County Road 5 to the newly subdivided portion of Tract 2. !An"express easement" is an easement granted by instrument(deed, easement agreement, etc.) versus an easement created by operation of law(prescriptive easement, easement by necessity, etc.). 2A dominant tenement or dominant estate is the property benefitting from the easement;a servient tenement or servient estate is the property over which an easement is granted. Ms. Michelle Martin June 8, 2005 Page 3 of 3 If you should have any questions about the Davis' request or the applicability of the Colorado law to easements previously granted, please feel free to contact me at 303-333- 7733. RUMLER • TARBOX • LYDEN Law Corporation PC Scott M. Tarbox, Esq. SMT1mos DEPARTMENT OF PLANNING SERVICES reta NORTH OFFICE 918 10TH Street GREELEY, CO80631 PHONE: (970) 353-61010 0, Ext. 3540 FAX: (970)304-6498 gime SOUTHWEST OFFICE 4209, R 4 LONGMONT, CO 80504 PHONE: (720)652-4210, Ext. 8730 COLORADO FAX: (720)652-4211 August 10, 2005 Michael &Sheila Davis do Sharyn Frazer AGPROfessionals LLC 4350 Hwy 66 Longmont CO 80504 Subject: RE-4219-A Recorded Exemption located on a parcel of land described as part NW4 of Section 33, T2N, R68W and part S2SW4 of Section 28, T2N, R68W of the 6th P.M., Weld County, Colorado. Dear Applicants: Your recorded exemption application is being processed. If it is determined that the application meets the approval criteria of Chapter 24 of the Weld County Code, you will be notified that the recorded exemption is approved. If the staff determines that the application does not meet the approval criteria or if staff has concerns with the application, staff may elect to forward the application for review to the Board of County Commissioners. You will be notified and asked to appear before the Board of County Commissioners at a public hearing. You will be informed of the hearing date prior to the hearing. The Board of County Commissioners will then consider your application and make a final decision on the recorded exemption. 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 Dacono,Erie,Firestone,Frederick and Longmont Planning Commission for their review and comments. It is recommended that you and/or a representative be in attendance at the Dacono,Erie,Firestone,Frederick and Longmont Planning Commission meeting to answer any questions the Commission members may have with respect to your application. Please call Dacono at(303)833-2317, Erie at(303)926-2700, Firestone at (303)833-3291, Frederick at(303)833-2388 and Longmont at(303)651-8330,for further details regarding the date, time, and place of this meeting. Xi' estions concerring thi matte please call me. <' 11 Michelle Martin Planner FIELD CHECK Inspection Date: 10/1.):5-- APPLICANT: Michael and Sheila Davis CASE #: RE-4219 REQUEST: Recorded Exemption LEGAL: Pt. NW4 of Section 33,Township 2 North, Range 68West and Pt. S2SW4 Section 28, Township 2 North, Range 68West of the 6th P.M. Weld County, Colorado LOCATION: East of and adjacent County Road 5 and approximately one mile north of State Hwy 52 PARCEL ID #: 131333000046 ACRES: 48 +/- Zoning Land Use N /Fa 'Sn" E ' / eJt /c jun€X Res,a,_ t -/ W (,J W �� Comments: �.r� �OLfe Dn 11e, 7 2cfr7 ry� a 9 /Mkt gSitn/b Ont/y Td,1Q sLLrSS 1/r te co* fZdtil C.2. 1 4 -FO IAA) c7/ }2e4,ia≥ 4 "c.r�f" Jo 1-4-- Pa.44-17 o,-%. .e cS �. . Signature g o House(s) ❑ Derelict Vehicles o Outbuilding(s) o Non-commercial junkyard (list components) o Access to Property o Irrigation Sprinkler o Crop Productions o Crops o Site Distance o Wetlands o Mobile Home(s) o Oil & Gas Structures o Other Animals On-Site o Wildlife o Water Bodies o Utilities On-Site (transmission lines) o Ditch o Topography Note any commercial business/commercial vehicles that are operating from the site. L-Wine APPLICATION FLOW SHEET COLORADO APPLICANT: Michael and Sheila Davis CASE #: RE-4219 REQUEST: Recorded Exemption LEGAL: Pt. NW4 of Section 33,Township 2 North, Range 68West and Pt. S2SW4 Section 28, Township 2 North, Range 68West of the 6' P.M. Weld County, Colorado LOCATION: East of and adjacent County Road 5 and approximately one mile north of State Hwy 52 PARCEL ID #: 131333000046 ACRES: 48 +/_ Date By Application Received 8/9/05 JH Application Completed 8/10/05 MM Referrals listed 8/10/05 MM Vicinity map prepared File assembled ey. Il-Ob Case logged in computer Letter to applicant mailed Referrals mailed P) •1 1 •cc CLA-• Field check by DPS staff Administrative Review decision: >rs Jq/j/�,� / � Board of County Commissioners hearing l�aPPllcab CC J� / O(o /�'/� Z� ��Date By County Commissioners Hearing Date Surrounding property owners notified ti/A, Presentation prepared CC action: CC resolution received Date V Plat recorded and filed I wry� I J-- I Overlay Districts Zoning Agricultural MUD Yes No X_ IGA Yes No X_ Airport Yes_ No_X_ Geologic Yes No_X_ Flood Hazard Yes No_X__ Panel #080266 Road Impact RECORDED EXEMPTION (RE) APPLICATION FOR PLANNING DEPARTMENT USE RECEIPT/AMOUNT#�_/$ DATE RECEIVED: -- APPLICATION RECEIVED BY CASE #ASSIGNED: PLANNER ASSIGNED: Parcel Number 13 13330000 46 Legal Description: Located in part of the NW4 of Section 33 and part of the S2 SW4 of Section 28, all in T2N, R68W of the 6`" P.M., Weld County, Colorado. Has the property been divided from or had divided from it any other property since August 30, 1972?Yes_X_No is this parcel of land, undef consideration, the total contiguous land owned by the applicant? FEE OWNER(S) OF THE PROPERTY: Yes X No_ Name: Michael & Sheila Davis Address: 6876WCR 5 Phone# 303-9 Erie, CO 80516 18-5668 APPLICANT OR AUTHORIZED AG ENT (See Below Authorization must accompany all applications signed by Authorized Agent) Name: Snaryn Frazer, AGP RO esslonaals, LLC Work Phone 970-535-9318 7l fr zer@ay, Cell Phone#303-877-7747 Address: 4350 Highway 66, Longmont, CO 80504 Email Address: sfrazer a @ gpros.com Smaller Parcel (Lot Al La mer Parcel (Lot B) - Other Parcel 'Lot ? , Water Source Left Hand Water District (3 Lot RE/SSE only j-' Left Hand Water District Type of Sewer Proposed Septic System Proposed Use Existing Septic System IIMIIIIIIIIIIIIM Proposed Single Family Existing Single Family Residence Acreage Residence 20 acres, more or less 28 acres, more or less J" " Existing Dwellings? 41(,? ( No allinill ( * If the roe ( P P rty is vacant or unimP p roved write proposed water source and proposed sewer syste m for ea ;?Iif a well and septic is proposed state:proposed well,proposed septic. parcel in the blanks above.For example,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 include. with the application. If a corporation is the fee owner, notarized evidence must be included showing the signato h:s to lega a ity to sign for the corporation. ut .nz d nt Date 1 RECORDED EXEMPTION (RE) APPLICATION FOR PLANNING DEPARTMENT USE DATE RECEIVED: RECEIPT/AMOUNT# /$ CASE#ASSIGNED: APPLICATION RECEIVED BY PLANNER ASSIGNED: Parcel Number: 131333000046 Legal Description: Located in part of the NW4 of Section 33 and part of the S2 SW4 of Section 28, all in T2N, R68W of the 6th P.M., Weld County, Colorado. Has the property been divided from or had divided from it any other property since August 30, 1972?Yes_X_No_ is this parcel of land, under consideration, the total contiguous land owned by the applicant? Yes X No FEE OWNER(S) OF THE PROPERTY: Name: Michael & Sheila Davis Phone#303-918-5668 Address: 6876 WCR 5 Erie, CO 80516 APPLICANT OR AUTHORIZED AGENT (See Below:Authorization must accompany all applications signed by Authorized Agent) Name: Sharyn Frazer, AGPROfessionals, LLC Work Phone #970-535-9318 Cell Phone#303-877-7747 Email Address: sfrazer@agpros.com Address: 4350 Highway 66, Longmont, CO 80504 Smaller Parcel (Lot A) Larger Parcel (Lot B) Other Parcel (Lot ) (3-Lot RE/SE onTyj Water Source Left Hand Water District Left Hand Water District Type of Sewer Proposed Septic System Existing Septic System Proposed Use Proposed Single Family Existing Single Family Residence Residence Acreage 20 acres, more or less 28 acres, more or less Existing Dwellings? No Yes • 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 includ=- with the application. If a corporation is the fee owner, notarized evidence must be included showing the signato s to lega a ity to sign for the corporation. � S.- ut riz d lint Date a C g -s AGPRO ® LANDPRO COMPLETE LAND AND RESOURCE SOLUTIONS July 22, 2005 To Whom it May Concern Me have contracted with AGPROfessionals,LLC/LANDPROfessionals,LLC to process all work related to a Recorded Exemption application to be filed in Weld County. AGPRO/LANDPRO is authorized to represent Michael A. and Sheila A.Davis throughout this process. Michael A. Davis Sheila A. Davis ENGINEERING, PLANNING, CONSULTING & REAL ESTATE AGPROfessionals,LLC/LANDPROfessionals,LLC 4350 Highway 66■Longmont,CO 80504 970.535.9318/office. 303.485.7838/metro.970.535.9854/fax■ www.agpros.com MICHAEL & SHEILA DAVIS RECORDED EXEMPTION (RE) QUESTIONNAIRE 1. Water supply statements addressing the following: a. Domestic use. The statement will include evidence that a water supply of sufficient quality, quantity and dependability will be available to serve all proposed lots. A letter from a water district, municipality, or a well permit are examples of evidence for domestic use. Water to proposed Lot A is provided by Left Hand Water District under Account Number 5427, a copy of a water bill is included in this application packet. A commitment letter (Tap Request # 2275)from Left Hand Water District is included in this application b. Irrigation water: The statement will include the type and quantity of irrigation water to the site, whether irrigation water has been removed from the site and, if so, when. The parcel was purchased with no water rights. 2. A statement explaining that the proposed lots will have an adequate means for the disposal of sewage in compliance with the requirements of the underlying zone district and the Weld County Department of Public Health and Environment. Septic Permit Number SP-9900461 services proposed Lot B. An engineered septic system will be designed constructed and permitted according to Weld County ISDS requirements for proposed Lot A. 3. A description of how the property is being used. When the parcel(s) is located in the agricultural zone district, the number and types of livestock and any existing improvements such as the principal residence, labor home, mobile home, manufactured home, barn, outbuildings, and oil/gas well production facilities on the property. If the property is being farmed the location of any pivot sprinklers and irrigation ditches as well as types of crops being produced. The parcel consists of an existing single family dwelling and a personal indoor horse arena. The Davis's own four(4) horses. 4. A description of the location, size, present and future use of the area where the proposed new lot(s) will be created. Lot A will be approximately 20 acres in size and has an existing single- family dwelling and personal indoor horse arena located on it. Lot B will consist of 28 acres, more or less. This property is located east of and adjacent to WCR 5, north of State Highway 52. 5. A statement describing any unique physical characteristics on the site. If applicable, such as rock outcroppings, hills, ditches. The Boulder/Weld County Ditch borders this property to the northwest and the Lower Boulder Irrigation Canal runs along a portion of the southwest boundary of the property. 6. A statement indicating where a primary building envelope and/or alternative building envelope will be designated on any of the lots. Building envelopes may not be necessary on lots that are smaller than 35 acres. No building envelopes are proposed. 7. Is there a business or Use by Special Review permit on the property. There is no Use by Special Review associated with this site. WELD COUNTY ROAD ACCESS INFORMATION SHEET Weld County Public Works Department Date: July 25,2005 1111 H Street,P.O. Box 758, Greeley,CO 80632 Phone: (970)356-4000,Ext. 3750 Fax: (970)304-6497 1. Applicant Name_ Michael& Sheila Davis Phone: 9303-918-5668 Address: 6876 WCR 5,Erie, CO 80516 2. Address or location of access 6876 WCR 5 Section: 33 &28 Township 2N Range 68W Weld County Road #5 Side of Road East Distance from nearest intersection 2500 FEET 3. Is there an existing access to the property? Yes X See plat map for proposed driveway accesses 4. Proposed Use: Residential 5. Site Sketch Legend for Access Description: AGR= Agricultural 4 a ► RES = Residential O&G= Oil&Gas D.R. = Ditch Road tart LIT 078 ocxes 5144MtaD RGCe55 Nwl sa, 1 ' OFFICE USE ONLY: Road ADT Date Accidents Date Road ADT Date Accidents Date Drainage Requirement Culvert Size Length Special Conditions 444444*4444*4*****44444***4*4**********4***44444**********44*****44********•4.4444**4**4444****4444441 nstallation authorized ❑ Information Insufficient Reviewed By: Title: Identify Results ^ Page 1 of 2 WELD COUNTY ASSESSOR PROPERTY PROFILE Account#: R0382294 Parcel#: 131333000046 Tax Area: 2306 Bordering County: Acres: 45.08 Township Range Section Quart.Sec. Subdivison Name Block*Lot# 02 - 68 - 33 - 0 - - Owners Name&Address: Property Address: DAVIS MICHAEL A&SHEILA A Street: 6876 5 CR 6876 COUNTY RD 5 City: WELD ERIE,CO 80516 Business/Complex: Sales Summary Sale Date Sale Price Deed Type Reception # $0 Legal Description 25286-A PT NW4 33 2 68&PT S2SW4 28 2 68 BEG N4 COR SEC 33 S0D12'W 720.64'TO C/L LOWER BOULDER IRRIG CANAL 577O53'W 69.71' N88O19'W 85.39' N84DW 185.44' N67D20'W 206.95' N55O20'W 209.43' N69O54'W 90.18' N79D29'W 328.11' 584D16'W 189.07' N80D34'W Land Valuation Summary Land T Unit of Number of Assessed ype Abst Code Measure Units Actual Value Value Agricultural 4147 Acres 1 Agricultural 4117 Acres 15.98 Agricultural 4117 Acres 18.1 Commercial 4180 Acres 10 Land Subtotal: 45.08 $18,341 $5,320 Buildings Valuation Summary Bldg# Property Type Actual Value Assessed Value 1 Out Building 2 Residential Improvements Subtotal: $558,695 $56,970 Total Property Value $577,036 $62,290 Building Details Account#: R0382294 Parcel#: 131333000046 Owners Name&Address: Property Address: DAVIS MICHAEL A&SHEILA A Street: 6876 5 CR 6876 COUNTY RD 5 City: WELD ERIE,CO 80516 Building* Property Type 1 Out Building http://maps.merrick.com/Website/Weld/setSgl.asp?cmdKUERY&DET=PP&pin=1313330... 8/9/2005 Identify Results ^ Page 2 of 2 Individual Built As Detail Built As: Horse Arena Year Built: 1999 Exterior: HVAC: None Interior Finish: Built As SQ Ft: 8750 *of Baths: 0 Roof Type: *of Bdrms: 0 Roof Covert It of Stories: 1 Rooms: 0 Units: 0 Garage: Attached SQ Ft: Detached SQ Ft: Basement: Total SQ Ft: Finished SQ Ft: Account#: R0382294 Parcel#: 131333000046 Owners Name&Address: Property Address: DAVIS MICHAEL A&SHEILA A Street: 6876 5 CR 6876 COUNT(RD 5 City: WELD ERIE, CO 80516 Building* Property TYPO 2 Residential Individual Built As Detail Built As: 2 Story Year BuIR: 2000 Exterior: Frame Siding HVAC: Hot Water Radiant Interior Finish: Drywall Built As SQ Ft: 3842 it of Baths: 4 Roof Type: Gable ft of Bdrms: 5 Roof Cover: Composition Shingle it of Stories: 1 Rooms: 5 Units: 0 Garage: Attached SQ Ft: 988 Detached SQ Ft: Basement: Total SQ Ft: Finished SQ Ft: http://maps.merrick.com/Website/Weld/setSgl.asp?cmd=QUERY&DET=PP&pin=1313330... 8/9/2005 Property Tax Information Page 1 of 2 tt'CdCorrie to `• 6 Weft'. County, Colorado Home Services Departments About Weld Property Information Conta. Home > Departments > Treasurer's Office > Tax Search > Tax Search Results > Tax Detail Tax Search Details Information for tax year: 2004 payable in 2005 Property Information Owner Name: Davis Michael A & Sheila A Address: 6876 5 CR City: Weld Account R0382294 Number: Parcel 131333000046 Number: 25286-a pt nw4 33 2 68 & pt s2sw4 28 2 68 beg n4 cor sec 33 sOd12'w 720.64' to c/I lower boulder irrig canal s77d53'w 69.71' n88d19'w 85.39' n84dw 185.44' n67d20'w 206.95' n55d20'w 209.43' n69d54'w 90.18' n79d29'w 328.11' s84d16'w 189.07' n80d34'w 206.16' s65d16'w 172.55' s46d25'w 41.82' s30d43'w 61.5' s14d26'w 77.52' s22d20'w 89.88' to c/I exist rd n64d15'w 49.42' n55d44'w 70.43' n65d10'w 75.56' n75d52'w 166.83' Legal n83d24'w 197.32' s87d37'w 61.18' s71d06'w 54' s62d23'w 91.61' s83d08'w Address: 51.27' n84d45'w 48.11' to c/I boulder-weld ditch n19d14'e 14.7' n27d34'e 144.95' n43d08'e 107.42' n36d35'e 202.57' n22d24'e 137.71' n41d07'e 195.46' n48d05'e 151.42' n63d31'e 141.8' n63d17'e 382.68' n72d40'e 197.69' n42d31'e 131.97' n54d24'e 43.75' n84d45'e 43.01' s80d49'e 159.78' s68d29'e 266.4' s60d39'e 150.64' s72d46'e 54.75' n84d45'e 41.35' n71d34'e 150.06' s87d34'e 154.67' n83d27'e 65.38' e218.91' to e In sw4 sec 28 s0d02'w 389.87' to pob (3.92d) situs: 6876 5 cr weld 0 Value Information Actual Land Value $19,670.00 Assessed Land Value $5,710.00 Actual Improved Value $517,923.00 Assessed Improved Value $54,750.00 Actual Total Value $537,593.00 Assessed Total Value $60,460.00 Payment Information Total Tax Amount: $4,377.44 First Half Amount: ($2,188.72) Second Half Amount: ($2,188.72) 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. https://www.co.weld.co.us/departments/treasureetax/tax_info.cfm?ACCOUNTNO=R0382... 7/20/2005 Property Tax Information Page 2 of 2 Tax Status Tax Liens: No Senior Homestead Exemption: No Prior Taxes Due: No Tax Area 2306 Special Improvement Tax: No Mill Levy 72.402 Database Last Updated at: 02:35 AM on July 20, 2005 https://www.co.weld.co.us/departments/treasurer/tax/tax info.cfm?ACCOUNTNO=R0382... 7/20/2005 DEC-05-2006 TUE 04:20 FM FAX NO. P. 02/02 • WELD COUNTY TREASURER Pursuant to the Weld County Subdivision Ordinance, the attached atement(s)of Taxes Due, issued by the Weld County Treasurer,are vidence that, as of this date, all property taxes, special,assessments and rior tax liens currently due and payable connected with the parcels) i entified therein have been paid in full. .gned- -6;' bate 45'7'424, —441, DEC-05-2006 TUE 04:20 PM FAX NO. P, 01/02 I Report late: 12/05/2006 04:19PM WELD COUNTY TREASURER STATEMENT OF TAXES DUE iAsa' 1 J S HEDULE NO:R0382294 SESSED TO: D VIS MICHAEL A&SHEILA A 6 76 COUNTY RD 5 E IE, CO 80516 LEGAL ESCRIPTION: 25288-APT NW4 33 2 88&PT 528W4 28 2 68 BEG N4 COR SEC 33 S0O12'W 720.84'TO C/L LOWER BOULDER IRRIG CANAL 677D631A/69.71'N88D19'W 85,39'N84DW 185.44'N67D20'W 206.95'N55D20'W 209.43' N69D54'W 90.18'N79D29'W 328.11'SB4D16'W 189.07'N80034'W 206.16'$65D16'W 172.55'S46025'W 41,82' S30D43'W 61.5'S14026'W 77.52'S22D20'W 89.88'TO C/L EXIST RD N64D15'W 49.42'N55D44'W 70.43' N65D10'JV 75,56'N75D52'W 168.83'N83D24'W 197.32'S87D37'W 61,18'371 DOSW 54'S62D23'W 91.61' S83D0 51.27' N84D45'W 48.11'TO C/L BOULDER-WELD DITCH N19014'E 14.7'N27034'E 144.95'N43008'E 107.42' 36D35'E 202.67'N22D24'E 137.71'N41D07'E 195.46' N48D05'E 161.42'N63031'E 141.8'N63D17'E 382,68' N72D40' 197.69'N42D31'E 131.97'N54D24'E 43.75'N84D45'E 43.01'S80O49'E 159.78'S68D29'E 266.4'S60D39'E 150.64' 72046'E 54.75'N84D45'E 41 35'N71D34'E 150.06'S87D34'E 154.67'N83D27'E 65.38' E218.91'TO E LN SW4 SE 26 S0D02'W 389.87'TO POE(3.92D)SITUS:6876 5 CR WELD 0 PARCEL: 131333000046 SITUS ADD: 6876 5 CR WELD TAX YEAR CHARGE TAX AMOUNT INTEREST FEES PAID TOTAL DUE 2005 1 TAX 4,372.76 0.00 0.00 4,372.76 TOTAL TAXES 0.00 0.00 __. GRAN TOTAL DUE GOOD THROUGH 12/05/2006 ORIGINAL TAX BILLING FOR 2005 TAX DISTRICT 2306- 0.00 Authority MITI Levy Amount Values WELD COUNTY 17.900" 1,115.00 AGRICULTURAL A8tual Assessed SCHOO DIST RE1,1 19, 21 5,320 NCW ATER 39-982 2,490.48 AGRICULTURAL 59,423 17,230 LEFT I- D WATER 1.000 60.09 AGRICULTURAL 499,272 39,740 MTN VI FIRE(9OND 2008) 00.2222 3.78 WELD RARY 0 13.70 TOTAL 577,036 62,299 3.281 204.37 LONGM NT CONSERVATION0.000 MOUNT IN VIEW FIRE 17 0.00 7,817 488,92 TAXES OR 2005 70.200* 4,372.76 Credit ALL TAX LEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE LIENHOLDER OR TO VERTISING AND DISTRAINT WARRANT FEES. CHANGES MAY OCCUR AND THE TREASURER'S OFFICE WILL NEED TO BE CONTA D PRIOR TO REMITTANCE AFTER THE FOLLOWING DATES; PERSONAL PROPERTY AND MOBILE HOMES•AUGUST 1, REAL PERTY-AUGUST 1. TAX LIEN SALE REDEMPTION AMOUNTS MUST BE PAID BY CASH OR CASHIERS CHECK. P.O.Bo 458 Greeley,ICO 80632 (970)35845 ext.3290 Referral List Name: Case# ((�( tr 4 % / cl Coun • Towns & Cities t / �n , /I Fire Districts omey 1 ute. Y --r —Ault Ault alth Department _Berthoud _Berthouou d F-2 • —Extension Office Brightonnom' _Briggsdale F-24 —Emergency Management Office - Ed Herring ciDa ono —Brighton F-3 —Sheriffs Office —Eaton _Eaton F-4 c Works _Fort Lupton F-5 —Housing Authority —Evans _Galeton F-6 —Airport Authority ' stone _Hudson F-7 —Building Inspection _Fort Luton Johnstown F-B Letztffitcmpliance .k a,J t3Eri• - rederick No Art. soul+ LaSalle F-9 _Garden CityId ountain View F-10 Kim Ogle (Landscape Plans) —Gifcrest _Milliken F-11 —Lin or Peggy (Addressing Change of Zone) —Greeley _Nunn F-12 _Ambulance Services Grover _Pawnee F-22 State —Hudson _Platteville F-13 Div.— of Water Resources —Johnstown _Platte Valley F-14 —Geological Survey —Keenesburg _Poudre Valley F-15 —Department of Health • —Kersey .Raymer F-2 —Department of Transportation LaSalle _Southeast Weld F-16 —Historical Society _Lochbuie _Union Colony F-26 —Water Conservation Board gmonf —Western Hills F-20 —Oil & Gas Conservation Commission Mead —Wiggins F-18 Division of Wildlife Milliken — —Windsor/Severance F-17 —South Hwy 66 (Loveland) —New Raymer . —North Hwy 66 (Greeley) —Northglenn Legal Division of Minerals/Geology —Nunn Parcel ID # Soil Conservation Districts _Pierce 2one _Big Thompson Acres? —Platteville USDA —Boulder Valley —Severance Airport Brighton Thornton Geo Haz _Centennial —Windsor FP? Panel —Fort Collins Counties Road Impact Fee Area? e tV Greeley _Adams GA? ORD # _Morgan _Broomfield MUD? —Platte Valley Lorimer Southeast Weld Other —West Adams —Central Colo. Water Conservancy Dist Federal Government Aoencies —Leff Hand Water ^ —US Army Corps of Engrs isi J� rict RE- I USDA-APHIS Vet Service _Art Ei quist (MU rea) -r / Federal Aviation Admin (Structures over _Ititch Company r`YJk J- 7 * MAGI COL/Intl � k-4 over 200 ft or w/in 20000ftof Pub Airpoh Commissioner Jouli2 mid- . D,; ic.I- _ Federal Communications Comm REFERRAL LIST --, Name: Michael &Sheila Davis Case#. RE-4219 County Towns &Cities Fire Districts X Attorney- Bruce Barker _Ault _Ault F-1 X Health Department _Berthoud _Berthoud F-2 _Extension Office _Brighton _Briggsdale F-24 _Emergency Mgt Office- Ed Herring X Dacono _Brighton F-3 _Sheriffs Office _Eaton Eaton F-4 _ X Public Works X Erie _Fort Lupton F-5 _Housing Authority _Evans _Frederick _Airport Authority X Firestone _Galeton F-6 _Building Inspection _Fort Lupton _Hudson F-7 X Code Compliance Ann Beth X Frederick _Johnstown F-8 Kim Ogle (Landscape Plans) _Garden City _LaSalle F-9 _Lin (Addressing Change of Zone) _Gilcrest X Mountain View F-10 _Ambulance Services Milliken F-11 _Greeley _ _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 X Longmont _Union Colony F-20 _Oil & Gas Conservation Commission _Mead _Wiggins F-18 _Milliken _Windsor/Severance F-17 Division of Wildlife _New Raymer _South Hwy 66 (Loveland) _Northglenn _North Hwy 66 (Greeley) _Nunn _Division of Minerals/Geology _Pierce _Platteville Commissioner Soil Conservation Districts _Severance _Big Thompson/ FTC _Thornton _X_Boulder Valley/Longmont _Windsor _Brighton/SE Weld _Centennial Counties _Greeley/West Greeley _Adams _Platte Valley X Boulder _West Adams _Broomfield _Little Thompson _Larimer Federal Government Agencies Other _US Army Corps of Engrs X School District RE-1J _USDA-APHIS Vet Service _Central Cob. Water Cons _Federal Aviation Admin (Structures _RR over 200 ft or w/in 20000 ft of Pub X Boulder&Weld County Airport Ditch Company _Federal Communications Comm _Art Elmquist (MUD Area) _X_Lower Boulder Ditch Co RUG.31.2005 7:21RM NO.664 P.2 4-1;"• •fit PLANNING PIVISIOki AUG 18 8 2005 Weld County Referral WIlD C BECK August 10, 2005 COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant tl S &&NW15-2 Case Number Rg-4210 Please Reply By $ rt@m perShu Planner Aq jje Wan - Project Recorded Exemption Legal Part NW4 of Section 33,T2N, RBSW and part S2SW4 of Section 28,T2N, R6BW of the 6th P.M.,Weld County, Colorado, Location East of and adjacent to CR 5;approximately one mile north of State Hwy 52. For a more precise location, see legal. Parcel Number 1313 33 000046 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 bythe above listed date so that we may give full consideration to your recommendation. My 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 and that It does/does not comply with our Comprehensive Plan Ai We have reviewed the request and find no conflicts with our Interests. ❑ See attached letter. Comments. Signature ZAAAA, IDS ctuute,• (IQ viat SI ,2095 Agency ('a1-rn r)( LOYT nin.t Date +Weld County Planning Dept +918106 Sees[ Greeley,CO.KM +($7Q)353-6100 extd540 +(970)304-6496 fax w Or( Lit : va O�Q Q�a�` �DO`eS�p Weld County Referral WIlD • August 10, 2005 V D�E CMF�+I 9iE COLORADO .O6.• The Weld County Department of Planning Services has received the following item for review: Applicant Michael &Sheila Davis Case Number RE-4219 Please Reply By September 8, 2005 Planner Michelle Martin Project Recorded Exemption Legal Part NW4 of Section 33,T2N, R68W and part S2SW4 of Section 28,T2N, R68W of the 6th P.M.,Weld County, Colorado. Location East of and adjacent to CR 5; approximately one mile north of State Hwy 52. For a more precise location, see legal. Parcel Number 1313 33 000046 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 fit We have reviewed the request and find no conflicts with our interests. ❑ See attached letter. Comments: Signature 6aLt , Sale. 13 ]-e-v Agency 2a.v^.r, .e. Q Q Date +Weld County Planning Dept. +918 10th Street Greeley,CO.80631 +(970)353-6100 ext.3540 +(970)304-6498 fax Weld Count Referral GREELEy OFFIC Weld Count Planning pepartinent E August 10, 2005 • SEP 2 05 COLORADO RECE 220�/� The Weld County Department of Planning Set[ikas received the following item for review: Applicant Michael &Sheila Davis Case Number RE-4219 Please Reply By September 8, 2005 Planner Michelle Martin Project Recorded Exemption Legal Part NW4 of Section 33, T2N, R68W and part S2SW4 of Section 28,T2N, R68W of the 6th P.M., Weld County, Colorado. Location East of and adjacent to CR 5; approximately one mile north of State Hwy 52. For a more precise location, see legal. Parcel Number 1313 33 000046 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 1O1{ We have reviewed the request and find no conflicts with our interests. ❑ See attached letter. Comments: Signature 31 05 Agency +Weld County Planning Dept. +918 10t Street Greeley,CO.80631 +(970)353-6100 ext.3540 +(970)304-6498 fax 09/08/2005 11: 23 3039262706 TOWN OF ERIE PAGE 01 I & rig rd 6_______ a .;-hVeld County Referral WilDs ;: August 10, 2005 COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Michael &Sheila Davis Case Number RE-4219 ' Please Reply By September 8,2005 Planner Michelle Martin Project Recorded Exemption Legal Part NW4 of Section 33,T2N, R68W and part S2SW4 of Section 28, T2N, R68W of the 6th P.M.,Weld County, Colorado. Location East of and adjacent to CR 5; approximately one mile north of State Hwy 52. For a more precise location,see legal. Parcel Number 1313 33 000046 The application Is submitted to you for review end 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 tall 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 I exaamine or obtain this additional information, please call the Department of Planning Services. We have reviewed the request and find that does does not comply with our Comprehensive Plan We have reviewed the request and find no conflicts with our interests. ❑ See attached letter. Comments: Pete_ /_ signature Ai cJoitet 05 CAD T Agency Cost H • D CV . - St-/e. Date +Weld County Planning Dept. +918 10"Street Greeley,CO.80831 4(970)353-0100 ext.3540 6(970)304-8498 fax 0 ` Weld County Referral August 10, 2005 COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Michael 8,Sheila Davis Case Number RE-4219 Please Reply By September 8, 2005 Planner Michelle Martin Project Recorded Exemption Legal Part NW4 of Section 33,T2N, R68W and part S2SW4 of Section 28,T2N, R68W of the 6th P.M.,Weld County, Colorado. Location East of and adjacent to CR 5; approximately one mile north of State Hwy 52. For a more precise location, see legal. Parcel Number 1313 33 000046 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional Information, please call the Department of Planning Services. ❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan We have reviewed the request and find no conflicts with our interests. U See attached letter.Comments: kkcnn (ooie, Ab(r.ti e .-(��Ct K�t�€L oz'nIsykir rI an Paw E vloofr c U-carc (Ackcl. Signature p'13-(1i Agency 7.(�1(h an('-( Date +Weld County Planning Dept. +918 10t Street Greeley,CO.80631 +(970)353-6100 ext.3540 +(970)304-6498 fax rethit, Weld County Referral I August 10, 2005 C AUG 1 6 2005 COLORADO WELD C UNTY PUBLIC WORKS DEPT The Weld County Depart ived the following item for review: Applicant Michael &Sheila Davis Case Number RE-4219 Please Reply By September 8, 2005 Planner Michelle Martin Project Recorded Exemption Legal Part NW4 of Section 33, T2N, R68W and part S2SW4 of Section 28,T2N, R68W of the 6th P.M.,Weld County, Colorado. Location East of and adjacent to CR 5; approximately one mile north of State Hwy 52. For a more precise location, see legal. Parcel Number 1313 33 000046 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 U We have reviewed the request and find no conflicts with our interests. See attached letter. Comments: Signature � A“-€ 2 �yO,'pi ,c/ , 9 -� - a Agency �{( w,1..l,.c. V.Jt5-n_tru Date +Weld County Planning Dept. 0918 10th Street Greeley,CO.80631 O(970)353-6100 ext.3540 O(970)304-6498 fax MEMORANDUM TO: Michelle Martin, Planner II DATEOU of nt yF anning Department ' FROM: Donald Carroll, Engineering Administrator G EY OFFICE 0 SEP - 6 2005 • SUBJECT: RE-4219, Michael & Sheila Davis COLORADO RECEIVED The Weld County Public Works Department has reviewed this proposal. Our comments and requirements are as follows: COMMENTS: Weld County Road Classification Plan (FHU): (June 2002) WCR 5 is a local gravel road and requires a 60-foot right-of-way at full build out. The applicant shall verify the existing right-of-way and the documents creating the right-of-way. If the right-of-way cannot be verified, it shall be dedicated. REQUIREMENTS: The Weld County Public Works Department recommends approval of this application. The access width requirements for emergency equipment (fire department) are a minimum of 20 feet. The applicant indicated that it has been cleared with the fire department and emergency services that the width of the access and lane shall be adequate for emergency purposes. The applicant shall provide documentation to that effect. The right-of-way or easement shall be a graded and drained road to provide an all-weather access. Both Lots A and B shall share a joint access point. pc: RE-4219 M:\PLANNING-DEVELOPMENT REVIEW\RE-Recorded Exemption\RE-4219.doc - 1 - WELD COUNTY ROAD ACCESS INFORMATION SHEET Weld County Public Works Department 1111 H Street,P.O. Box 758, Greeley, CO 80632 Date: July 25, 2005 Phone: (970)356-4000, Ext. 3750 Fax: (970)304-6497 1. Applicant Name: Michael& Sheila Davis Phone: 9303-918-5668 Address: 6876 WCR 5,Erie, CO 80516 2. Address or location of access 6876 WCR 5 Section: 33 &28 Township 2N Range 68W Weld County Road #5 Side of Road East Distance from nearest intersection 2500 FEET 3. Is there an existing access to the property? Yes X See plat map for proposed driveway accesses 4. Proposed Use: Residential 5. Site Sketch Legend for Access Description: N� AGR= Agricultural . ta T , RES = Residential as O&G= Oil&Gas D.R. = Ditch Road usra 6AT N asS mires 01O 01.test 5$-ni_so Ac .ess 11 Nwy5a. 1c OFFICE USE ONLY: Road ADT Date Accidents Date Road ADT Date Accidents Date Drainage Requirement Culvert Size Length Special Conditions nstallation authorized ❑ Information Insufficient Reviewed By: Title: n rs Weld County Planning Departt�eld County Referral inpic GREELEY OFFICE AUG 19 2005 August 10, 2005 COLORADO RECEIVED The Weld County Department of Planning Services has received the following item for review: Applicant Michael &Sheila Davis Case Number RE-4219 Please Reply By September 8, 2005 Planner Michelle Martin Project Recorded Exemption Legal Part NW4 of Section 33, T2N, R68W and part S2SW4 of Section 28, T2N, R68W of the 6th P.M., Weld County, Colorado. Location East of and adjacent to CR 5; approximately one mile north of State Hwy 52. For a more precise location, see legal. Parcel Number 1313 33 000046 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 U We have reviewed the request and find no conflicts with our interests. U See attached letter. Comments: 'TIM. j0vc,ar97 t LJc¢t,h /bonny t.I-6 14 lepmMT' - Csc� p y� nPt 2A f r�Al s TYI A V\ 7eca Ari cr EAS l:✓J7 'RE. 14Oit/AGI_iit . 40 Vt pt,OGC 6E 65 GJ , T-4tn/ Zo ` of T/I-tr t?c�nl fiZ LI,tJc CC --« Signature C4q sb 5- Agency f ILL) r—C1L1eJ i Date t7c bt G 0 krt P41 y +Weld County Planning Dept. +918 10th Street Greeley,CO.80631 +(970)353-6100 ext.3540 +(970)304-6498 fax tre tot f County Plannin G EELEY OFFICEpartment Weld County Referral AUG 2 4 2005 August 10, 2005 ECEIVED COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Michael &Sheila Davis Case Number RE-4219 Please Reply By September 8, 2005 Planner Michelle Martin Project Recorded Exemption Legal Part NW4 of Section 33,T2N, R68W and part S2SW4 of Section 28, T2N, R68W of the 6th P.M., Weld County, Colorado. Location East of and adjacent to CR 5; approximately one mile north of State Hwy 52. For a more precise location, see legal. Parcel Number 1313 33 000046 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 U We have reviewed the request and find no conflicts with our interests. WI See attached letter. Comments: • Signature 2112.7105 Agency LrJ NsoC_r DA1 v 010 eft- Date gotA,t..-vmar. 4`csrcR"tof(Ll 1� r-rt /�je W +Weld County Planning Dept. +918 10th Street Greeley,CO.80631 +(970)353-6100 ext.3540 +(970)304-6498 fax Weld County Planning Department Re: Case No. RE-4219 This project lies below the irrigation ditch owned by the New Consolidated Lower Boulder Reservoir and Ditch Company. We have two concerns with the proposed project. First, at Section 1.b. of the Recorded Exemption Questionnaire, the applicant states: "The parcel was purchased with no water rights." According to our Company's records, at the time applicant purchased the property, applicant received with the property 5 shares of the Common Stock of our Company. Applicant is still listed in our shareholder records as owning these shares. To the best of our knowledge, water from these shares historically has been used to irrigate all or part of the subject property. Second, applicant proposes an access easement to Lot A along the Northern boundary of our ditch. We have no problem with this access, so long as it is outside the Company's easement, which we are unable to determine from the materials we were provided. If the proposed access easement encroaches upon the Company's easement, it will need to be relocated. Thank you for your consideration. David J. rdley, Secretary New Consolidated Lower Boulder Res rvoir and Ditch Company 1� \�c�. r41 4 Plannin6 Dep� ent e County Weld County Referral 1111De GREELEY OFFICEAUG2g2005 RECEIVES August 10, 2005 COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Michael &Sheila Davis Case Number RE-4219 Please Reply By September 8, 2005 Planner Michelle Martin Project Recorded Exemption Legal Part NW4 of Section 33, T2N, R68W and part S2SW4 of Section 28, T2N, R68W of the 6th P.M., Weld County, Colorado. Location East of and adjacent to CR 5; approximately one mile north of State Hwy 52. For a more precise location, see legal. Parcel Number 1313 33 000046 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. EI See attached letter. Comments: Signature n�GA j Agency M-i U •I2 r.„ c-;'n. cC541" :c7 Date +Weld County Planning Dept. +918 10t Street Greeley,CO.80631 +(970)353-6100 ext.3540 9(970)304-6498 fax M°"NrA'" MOUNTAIN VIEW FIRE PRO) Et;TION DISTRICT Administrative Office: 9119 County Line Road• Longmont, CO 80501 (303) 772-0710• FAX (303) 651-7702 vier+ August 26, 2005 Ms. Michelle Martin Weld County Planning Department 918 10th Street Greeley, CO 80631 Dear Ms. Martin: I have reviewed the submitted material pertaining to the recorded exemption for the Davis property, located east of and adjacent to Weld County Road 5 and approximately 1 mile north of State Highway 52 (Case Number: RE-4219). The Fire District does not object to the request, but does have the following comments and requirements should a residence be constructed or a modular home be installed on the parcel created: • All construction shall be in accordance with the provisions of the Fire Code, as ratified by the Weld County Commissioners, and all other codes and ordinances, as enforced by Weld County. • Water supply for fire protection may be required for a new dwelling. In instances when a request is for a recorded exemption and not a subdivision, water supply for fire protection is not required for a single family residence that is not larger than 3,600 gross square feet and is placed on at least a 2.5 acre site. If a residence exceeds 3,600 gross square feet, or is placed on less than 2.5 acres, water supply for fire protection may apply. All other structures may require water supply for fire protection depending on the use of the new structure. We appreciate being involved in the planning process. Should you have any questions, please contact me at(303) 772-0710. Sincerely, LuAnn Penfold Fire Marshal LMP/lp cc: project file Ip08.35.05 Station 1 Station 2 Station 3 Station 4 Station 5 Station 6 Station 7 9119 Cnty Line Rd. 14308 Mead St.,Unit B P.O.Box 575 P.O.Box 11 10911 Dobbin Run 50 Bonanza Dr. P.O.Box 40 Longmont,CO Longmont,CO 299 Palmer Ave. 8500 Niwot Road Lafayette,CO Erie,CO 100 So.Forest St. 80501 80504 Mead,CO 80542 Niwot,CO 80544 80026 80516 Dacono,CO 80514 Memorandum TO: W.C. Planning, Michelle Martin IDATE: August 22, 2005 C 'i) Weld County Planning Department • FROM: , EH Services, Deborah BI WA A OFFICE COLORADO CASE: RE- 4219 AUG 2 3 2005 APPLICANT: Michael & SheilREECEIVED 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. Weld County Planning Department CREELEY OFFICE �� SEP 1 3 2005 St. Vraui Valley School District RECEIVED September 8, 2005 Michelle Martin Weld County Planning Department 918 10th St. Greeley, CO 80631 RE: Michael and Sheila Davis Recorded Exemption (Situate in the NW 1/4 of Section 33, T2N, R68W} Dear Michelle: Thank you for referring Michael and Sheila Davis Recorded Exemption Recorded Exemption to the School District. The District has reviewed the development proposal in terms of (1) available school capacity, (2) required land dedications and/or cash-in-lieu fees and (3) transportation considerations. After reviewing the above proposal, the School District has no objections to its approval and finds that there is adequate available school capacity for this area. The reasons for this position are as follows: • None of the schools in this feeder exceed the 125%capacity benchmark. Under current analysis, there appears to be sufficient capacity to support this development over the next 5-year period. • Additional capacity will become available as Elementary 23, approved under the 2002 Bond, is constructed in the next 5 years. This facility's capacity is included in calculations used in this referral, but until it is constructed, there may be short-term crowding at Erie Elementary School. Should this development be approved, the options for managing the short term overcrowding while the new schools are under construction may include adding modular classrooms and implementing split or staggered schedules as needed. Other options may include but not be limited to implementing year-round schools or asking voters to approve new bonds for additional school facilities or a mill levy for additional operating funds. It should be noted that a lack of operating funds may be a factor in delaying construction and occupancy of new school facilities in this area. Detailed information on the specific capacity issues, the cash-in-lieu/land dedication requirements and transportation impacts for this proposal follow in Attachment A. The recommendation of the District noted above applies to the attendance boundaries current as of the date of this letter. These attendance boundaries may change in the future as the new facilities are constructed and opened. If you have any further questions or concerns regarding this referral, please feel free to contact me via e-mail at searue glen@stvrain.k12.co.us or at the number below. Sincerely, len Segrue,/AICP Planning S ecialist Enc: Exhibit A- Specific Project Analysis Cash-in-lieu Chart ST.VRAIN VALLEY SCHOOL DISTRICT PLANNING DEPARTMENT.395 SOUTH PRATT PARKWAY,LONGMONT,CO 80501. SCOTT TOILLION,DIRECTOR.PHONE 303-682-7229. FAX 303-682-7344. ATTACHMENT A—Specific Project Analysis PROJECT: Michael and Sheila Davis Recorded Exemption (1) SCHOOL CAPACITY The Board of Education has established a District-wide policy of reviewing new development projects in terms of the impact on existing and approved school facilities within the applicable feeder system. Any residential project within the applicable feeder that causes the 125% school benchmark capacity to be exceeded within 5 years would not be supported. This determination includes both existing facilities and planned facilities from a voter-approved bond. The building capacity, including existing and new facilities, along with the impact of this proposal and all other approved development projects for this feeder is noted in the chart below. CAPACITY INFORMATION CAPACITY BENCHMARK (includes projected students,plus developments student impact) School Building Stdts. Stdt. 2005-2006 2006-2007 2007-2008 2008-2009 2009-2010 Level Capacity Oct-04 Impact Stdts Cap. Stdts Cap. Stdts Cap. Stdts Cap. stdts cap. Elementary' 1077 626 1 655 61% 1161 108% 1216 113% 1260 117% 1301 121% Middle 704 287 0 317 45% 507 72% 538 76% 569 81% 600 85% High 750 327 0 390 52% 640 85% 693 92% 742 99% 789 105% Total 1170 1240 1 1362 2308 2447 2571 2690 'Combines capacity of current Erie Elementary and future Elementary 23 until boundaries are established Specific comments concerning this proposal regarding School Capacity are as follows: • Specific Impact - This application will add 1 new single-family dwelling unit with a potential impact of 1 additional student in the Erie Elementary, Erie Middle, and Erie High School Feeder. • Benchmark Determination - The School District anticipates that the necessary capacity is available to serve this development proposal without triggering the 125% benchmark capacity within the next 5 years. • Additional Capacity Impacts— A new elementary school has also been approved in the 2002 Bond and is expected to be open within the next 5 years. However, the exact date of completion for this latter facility remains to be determined and will depend on the rate of residential growth in this feeder and the availability of operating funds. (21 LAND DEDICATIONS AND CASH IN-LIEU FEES The implementation of the Intergovernmental Agreement (IGA) Concerning Fair Contributions for Public School Sites by the City of Longmont requires that the applicant either dedicate land directly to the School District along with provision of the adjacent infrastructure and/or pay cash-in-lieu (CIL) fees based on the student yield of the development. CIL fees only provide funds for land acquisition, which is only a small component of providing additional school capacity for a feeder. Specific comments regarding land dedications and CIL fees for this referral are as follows: • Dedication and/or Cash-in-lieu Requirements-The District does not anticipate the need for another school site in this area. Since no land dedication is required, CIL fees will be assessed per the attached chart. • Dedication/Cash-in-lieu Procedures - Cash-in-lieu payments are to be made to the St. Vrain Valley School District Business Office—395 S. Pratt Parkway, Longmont, CO. 3)TRANSPORTATION/ACCESS Transportation considerations for a project deal with busing and pedestrian access to and from the subdivision. Pedestrian access, in particular, is an important goal of the School District in order to facilitate community connection to schools and to minimize transportation costs. Specific comments for this application are as follows: • Provision of Transportation- Busing, under current boundaries, would likely be provided. • Pedestrian and Access Issues—Because of this proposal's rural location, the District does not request any changes to the plan that would facilitate pedestrian access to and from this site. ST.VRAIN VALLEY SCHOOL DISTRICT PLANNING DEPARTMENT.395 SOUTH PRATT PARKWAY, LONGMONT,CO 80501. 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Bdr-71---•-• "--4-......"—•---,/ �a . p / / It a a $g 8 I PEER ,/ / I I ,------4. ~~a Iif 1 fir i , 1i I i' 4 zf,' / + $ m / 3/ Nos C7 _n II / I,/ °- = D I I , \, 'Y I m �e __� r C j i /' ' ' Fa64* aNz D CD i I I / •V` £E7 mom 7 m _ !IjIj� / `_r. 8 Oil � o � '� x ilia AAArr, \ O i'- z,. \ wozc y[.Yi005 ,.,E�` . € R �y \ \ t9 0K MSL[0O, 60 A Yli our - * % I I Tfi° c 70 03 iii g1,2i, > 13 xi z I A a 3,T ._ii 3==•—'y,- " lig. T "-i,g < 71 o',", lj wg Tro 73 RhR B 300 NOV-22-06 WED 11 02 AM NONCE FAX NO. 970 532. )42 P. 02 . . . /. "... . I'• 81 • CONTRACT AND GRANT, OF EASEMENT now 145 , r,)I � .y !MIS CON'1'RACT, made this 3rd day of August ,194, between the NORTHERN COLORAfY) WATER CONSERVANCY DISTRICT, a quasi-municipal corporation, organised under the laws of the State of Colorado, with its principal place of busi- noes. el,.Loveland, Colorado, hereinafter reforrod to as the Grantee, and f Ur,;li:rfA N. :WOK,' JCt_,_911rn a. h2;,.., .r: ,::C?,.11' t8, 3LOCK 0,' "Ii"��tY hereinafter callers ivcrly rc:Tarrod to as-67.7•=577)-- or- 'v1TL 1ESSE1'll: . 'Rl-T FOLLOWING GRANT and the following mutual covenants by and between the par-Lionr 1.. For Lho consideration hereinafter expressed Grantor does hereby grant unto the Grantee, its successors and assigns, a perpetual easement and right-of-way to reconstruct the now-existing Lower Moulder Irrigation Canal and to construct, operate and maintain the South Platte Supply Canal, including the right to borrow from or fill, on, over and across the following described parcels of land, to wit; • 'two tracts oC land hore:in deai gnatsd Tracts "A^ and "Ain located in the Northwest quarter (NW};) Section 33, Township 2 North, Range 68 West of the Sixth Principal Meridian, in Weld County, Colorado, being more. particularly described as follows: ' ie TRACT "An--u parcel or ].and located in the Northwost nr ' '+i gngrter (MW4) Suction 33, '1'ownch.1 p 2 North, Range 68 Wost of 'the Sixth Principal Meridian, being more particularly described as it ,° follows; 1, • . a '-' hegira-jinn at, point, 1, being station 60(3+34.9 in the control .)S, v line oC the propound South Platte Supply Canal. and being a point in o the south lino of said tJ Section 37, whence the West quarter corner ' O of said Sootion 33 boars North H')°47' Wont. 90.4 feet distant.; thence a+ with said south lino, North (t9' 1«7' weal. 20.4 fret to point 2; thence ' S leaving said south lino,- North 10`09' Went 43.0 foot to point 3; ,thence North 19°3 ,' West 117.4 root to point 4; Lhonco North 0°11' u, t East 221.8 foot to point 5; thence North 49°15' Rapt 101.0 feet to Fi d point 6; thonco North 69°59' East 67.4 fest to point 7; thence North � 56''.1.5' i;aiit 201.6 root to point 8; thence North 61.13' cast 236.7 feet r.' I to point 9; theses North 56°51' East 97.6 feat, to point 10; thence North 28°391 Last 452.2 feet to point 11; thence North 73°26' East 133.5 feet to point. 127 thence North 54°2^7' Cant 221.8.feet to point 13; thence North 43°3q' ]!sot 159.1 reel to paint 14; thence North 39°01' West 78.3 fret to point 15) thence North 54°15' West 59.9 feet . to point 16; thence North 35°45! Last 30.0 feet to point 17, being station 62).-4l-7 in the control line of the proposed South Platte Supply Cabal., whence the Norlhwnst corner or said Suction 33 boars North 46°54' West 1,620.0 foot distant; thence continuing North 35°45' Nat)). 55.0 foot Lo point 18; thence ?iouLh 5/,°15' )!:ant 71.3 root. to point. 19; Lhunee South 39°0i' East 164.4 fcr,1. to point 20; thence Sr ,l.h 43°37' Wont 2/1.9 rout to point 21; thence South 5/,°271 West . 21,1,-1 Caul. Lo point, 22; thericn fenth 73°26' Wenl, 112.7 Court, to point - 23; tbonce North 3ti"5A' We::,l. 5.1, r'nI. to point 24.; thence South 2tt°39' Wu,;t 1,39.1. runt Lo point. 2C; thence South !36051? Wust 122.9 font to pn i.nt 26; thence South 0413' West 236.2 foot to point, 27; • thence South 56'15' Wont 205.6 foot, to point 28; thence South 69`59' Win,1, 62.4 ('pot, to point 29; thence South 49°7.5+ Waal; 71.8 feet to • . point ,30; thence South 63"0£1' East, 10.A root to point 31; thence ' • South 4"30' West, 309.8 rot,t, Lo point 32; thunca South 19°31' L'asL • '155.5 foot 'to point. 33; tl,onco South :10°09' East 61,.2 ft.ot to point. ' 3/I, it l.oiut in the south lino or n.aid NV/) Section 33; thence with nalU on,Ith li tie, North 139O47' West 61..0 feat to point 1,. the point of hul;inn:in!`, and containing; /r.17 acren, more or loos, •'''P' , Af:_0 TRACT "13^---a pared of land located in the Northwest q uar•Lnr (NW?;,) Section 33, 'Pownoh ip 2 North, Rartgr. 68 West or the - '..P nn 'n Sixth 1'r:1 t'ici.Foal. Meridian, holm! morn pa 'I.l eul a ray described as •, .- ry ;allows: .1 i.� y ,y beftlnninft at. point .1 , he in,' vl.ntton 6213.41.7 in the control . , .1 1 no or the propooun South Platte] Supply Canal. bui.iu; also point. 1.7 .'P t r.. ' ,'J or the h<:rU.inhry l'o ro <luvtrri had Tract. 1'A," whence t}lo Northwest corner of ❑;ni ti :ioct.'1 on 33 be:il';, North 1,l+°;ih' Wt-r;t. 2 ,6.2D.0 foot thi91•.;int; ptlenoc �. Sou t.h ;35"45' 1.1U;I t. 70.0 fuuh to pofnl. 2, ix:i rte, a12:o palnt 1G oL i':.h •" •q! her•uixibuicri described Pracl. ''A'' thence North 5415' Wool. 392.7 foot NOV-22-06 WED 11 :02 AM NOWCD' _ FAX Na 970 5.32 42 P. 03 • paid :moth lino, North 89"h7' Woat 61 .0 foot Lo po,nnt 1, the point of hrgA nn:inl;, nnl eon Ln tninl; /s.17 (tore., morn: or louts, ;,i A1,P:0 A_C'I` "0”--an--a parcel at' Lund ]oentod in the Northt+ust w'A qunrLer (NU) S'CRo Otinn 3'3, ;'ownuhip 2 North , Itntuto 68 West of the uC\! " h ;txl.h Principal iinr,Iti tan, bein,, more, particularly dooc ribad no ro ,: w .yellow, •31.• ' 1:1.7 in the control ,., hul;"inninit al, point .1 , bninr Mallon h2_t3,• Yt^ ,linn of thn propooni South pJatto Supray Cnnnl , hu)nr, uloo point 17 "'r: $_;' ''j ofLho h: r..+i nbcs l'orc dunr.rIbud Tract "A,” who nob the Nor'LhwrinL cornar ' r' of :n.-],L Sao,L•.i on 33 bony°-North h6'541 WrnC J ,620.0 foot diatnnt; thane() c0 South 3;•°45' Wont 30.0 feet Lo point 2, bainr; also point 16 of the, 0h•::ro.inGru'nro dnatin bud 'L'ract, "A"; thc:non North 54°1S' Wool. ;392•'/ foot • "t to point, 3; thence North 29"Ina' Wool. 107.9 root to point h; thonoo 'n; `yR North 23'7,9' 1&u,t 157.5 rust, to point 5; Lhnnco North lit°51'' Fnt;t i' tJ J.61.4• Cent to point 6; t.h' nco North S9°07' 1Saut. 219.7 font to poi.rlt, 7; i�, 7t.: tbon,-o North Lit".L9r Rant 74.6 rant 1.o pot nt t3; thenco ^youth 77"52' ):alt ,173-4 font to point, 9; Lhonnn North !x3°22' East 217.1,. fist to 30int 10; thence South 7804i1 heat. "1'79.) root to point 11; Lhonec :South 5'"013' Kant 138.5 font, to paint J2; thrnlcc South 52°231 liar l', 169.9 Coot to paint 13; thr•nro South 69°71.' East 110.2 feet to poi n1 1/,; thence South 83°!,R' law,L 276.8 fool. Lo poi ot" 15; Lhoncn Not9',tt 74'39' Fast 95.0 Cool. to point 16, a point" In UN, Cant. Linn or ,.ni ct 1Sr,i; Sooti on 33; thancn wi.Lh :,rtlrt musk. lino , 'loath 0'11' Woot 3'I . 1 root to poiral, 17, hei ng P.O.S.'I', at.ati on 656. 17_5 in the con C roi :pine of the propound South Pl attc, Supply Cann1, urhonco the North !quart•.nt- ccrfnr or eaid tined on 33 h,r I',; Norl.h 0"11' Eo-ot 691s•4 resat. I rli stnot; thr.nrc r.onl.'3n l t'n• with .said °not, lino, South 0°11' Wen:, 57.1 rout to point. 113; I;hgncn loavi n,; timid cont line. South 74°39' Vh•nr, 117,5 foal. to point, 19; the-non I'lorl'.h 83°413' t!°nt 303.7 Coot to point 20; thence North (,9",31) Wont 133.7 fact I,o Point 21 ; thnncct - ." North 52°23' Neal, 177.7 fnol, to point 22; thsnro North 59`0£3' lior,L :LIE.') Cool. to point 21; thunr_u North 713"4]' t'Aaul, 35'L-O Coot to point 2h; i.L„nnc Santh N3°2.21 Pinot. 218.0 root Lo point 2!1; thence North • 77"52' W.,nL I71 .8 real, to polo!. 26; thnnon South 131"19' Waai, A2.3 Cool, to polka, 2'7; thenno South 59°0'7' West 1615.4 root to point 213; t'.hnnco South 14°51J Wost. .133.4" rant to point 29; thence South 23'43' West 40,7 fun!". to point 30; the:non North 66°'1'7' Wash, 20.0 foot to ' ln,?ut 31; thoncu South 23°43' Want 112.7 root to point 32; t.hcncc ' North 131,"51St Npsl. 22.h rent to point 33; thence South 29°44' I).7o1. 66.7 fu.a, to point. 371; therms. South 54°1.5' Laut 3'7h.3 foot 1',o point. 35, being nano point 38 or the horni nba rorc drscribed Tract "A"; Lhonoe South 35°45' Wont 1/2-0 Cent to point, 1, Lho point of beginning, ]u • oriel contain/Mt 4.96 or,ron, more or 'Ices, d, 4s nn said Tracts "An and "B" coni.ai.n i.ng a total of 9.13 acres, 'd 'y� n'Ufr) or Lace• , Ui ii f'1 pia nisor.al oo tap drawing attetdtxad h°areto and t,wda a part 4" • ti 0 J hereof. I (II 0 • m c -d •i l'J • b h • 1.11 • •• NOV-22-08 WED 11 03 AM NDWCD' FAX NO. 970 53F 142 P. 04 • i • • • • • lO+iK 14511 21.5 . 2. Thr grant of easement herein contained shall include.the right to enter upon said premises to survey, construct, operate and maintain the South Pl.atiLo Supply Canal, including the necessary conduits, channels, drain- age ditches, measuring; weirs end other works as may be necessary or beneficial. In the construction, operation and maintenance of the canal, including the right to remove objects interfering therewith. Said canal and every part thereof, shall, where it crosses the, Grantorss property • be confined to the lands and right-of-way described above. In case of perminenp abandonment of said right-of-way the title and interest heroin f,ranteed shall end, cease and determine. 3. The Grantor reserves the right to use and occupy said premises for any purpose consistent with the rights and privileges herein granted end which will not interfere Withor endanger any of the workings of the ' canal curing its construction or operation. • • • • • • • • • • • • • • • NOV 22 06 WED 11:03 AM NCWCL ] FAX NO. 970 53. 942 P. 05 • • • • 1l. It is n aorrht.ien of this contract that any necessary moving of the • bon-hive yard situated within the right•-o£-way area, near Station 6.30+2,5 wi_1], he done by the Grantor at no expense to the Grantee. Ae provided in the specifications for the cons tructicn of said canal as i neued by the United .V.tatos ha keau of Reclamation, the cxigting farm l,r.irtge situated at or near Station 6i3+01 wi..11 remain, • • • , 5. As complete consideration for the above grant of easement, the NORTHERN CCLOItA.L10 WATER CONSERVANCY DISTRICT agrees to pay the Grantor the aum o£ CINlk TJJO11•SAND DOLLARS AND NO/00 Dollars ( which consideration is full compensation for all damage's w$ l 0 which would be considered and assessed in any award or verdict in a proceeding to eon- damn said easement. • D. This contract, is made subject to (a) any coal or mineral rights reserved any or x5utsnandinhi,i rin ghts-of-way parties at the date of this contract, and (b) h L way in favor of the public or third parties for roads, railroads, telephone lines, transmission lines, ditches, conduits or pipe lines on, over or a.cros3 said land, including all rights-of-way heretofore granted the. United States. • IN WITNESS WHEREOF, the parties hereto have caused this agreement to be ozeouted the day 'and year first above written. NORTHERN CO1nftsm WATER CONSERVANCY DISTRICT Ti . .•4 Iran or ac ...!)C-v> co r./. . , r .or .i � . i ; CERTIFICATE OF ACID O'dLEDGEN.RNT (///- ✓ C'// STALE or COLofA J) ) COUNTY OF LAltlNIGIt ) On' this et,,/day of ,• s Y. ,19 , before me personally appeared y✓.I} ,�.t';� ,y, l"/c,;. /t known to me to be the person ydesc e in `,-nd w o -executedeec . t e and acknouiedg .; ',ea ed h the Foregoing instrument ad to me that T/;�execvted the same. ' I'..;1. t! ' ' Witco:;s my hand and seal the day and year last above Written. - - . 4.9.;,.c'omm;v..avinn expire.; I • Nay CUIivufl ;01 ,:,Irt July 13, 1053 / ° • • 'C"[;,nUT;s'✓CfS''r•-:r;C . fir: n• t,,.. T:.,.�.,;r;y i:::Lp,:);•:f: ) NOV-22-06 WED 11:03 AM NCWC; 1 FAX NO, 970 53 342 P. 06 CL,:a'?:(,:'T.v?-'C:; . ,. uo1iC;r•,JG',+RT C • • • ' t r,g,'" , Of ) 3.2.it. '!'� +: :4, 195„ b3tc_o n:; •ioX e.H'L'..+r apt'\ nod. ..1 it al.oc1c �]:-:i.�r.L;-, Rnn•'ti to r 4.o be the 1,n+_'m auecriao7 in and • T'. a..,_ct:' .>y i.'tn ..^•r 2{n:in[; . c1-,:r!1c ,. t, rc +.L •,ho • $T11a . '-ty band ,iud con;. t°t.. day ona ?reze 1ree1: nbe-Te 1'n-titter; • *i.� CSn'Sr.9.;i ,,i4it c'dP$„rCp !i��;/C �.•ll.>:L;CS. . ��a 0.-4 Notary a1:?,o • • • • • • • • • • • • • • • • • • • • • • • • • • • NOV-22-06 WED 11 : 04 AM NCWCF d FAX NO. 970 63. .942 P. 07 . ; la ._ • Imo.. . ttl' ' . IM1 r.n jy.y .(v.Taltr. l � .t •- .1, .. �. w._._� _—�..-...__ IO • • n. .,•::'r. M':. ' � • --lit 1. M ti J_ . Y ;lir 74. 4. ' . _ 4 \ 0 1t n`- • • _ • • - ' Co , u \\ \J • (lel 'It n _ • i 1 I x P i LW'' •} - - I {\\\` • 5 ',4',. i \ ♦ v-„, , i 1 4 * 44 ®®®irls ` q/ INI wVr,- ' II' , � "tz • of da vO I: M1•9v"-- Cil 1iY 4�M ` \\11IA` . 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YS Iii I 2i ' • 1 " Inlf.'r, It •M;• ii ,`1N �• Rni :i •iIu ')1 k : T n ( k� .. \N nit. • n ` Y tfnl • • NG ' F I 141 1 4/ I t .-1� 4•I"IIyII.1•;, LI ..Ie . N' I •I I I I ( � n ` " .+ i Y S i y __G.. I. I.Vii n V1 [I IIV •- n .Vn ♦ •IL In I. V I IO ar , i I• fl - 2 b 1 - . . Y r. y�N9YYrwa .. I Y tea ce—:a..l O n II rrO -1 JF ._i . ..... a i f- n - _ b b .«•i • • C� 9 C '.: I I. r .. L n a k ' N ,t,,,,a 8 t. ^• III L Y •-. 6 - 1- . b I E.• • 4 a . ,•:. . 1,-i. . l 'c g'. � . 't • x ., — i. Jr. :.- . • r f,- Ib �` 1 1J T ; $11. a !!ii nr�lI 4 x. L ..'•_ � �• •_W frt. MFI'W 'V { `' 1 In , Y 1i .` lab , ' ' [I . .. . . a1 I a S. I 154 k. { . u b rl an Y ♦ N • C i. F 1. 1 I I. ..T . .I r . .. V h b L a I ... y' x'ii �. ' H3 cr .. "_I •_ __Lx n > I a7 - { \I a 3539 4 t,y.7 -g8, I 399 FRAME 1 2 R 13.22 ail a sAk�� RECORDER'S MEMORANDUM h rs TO,S DOCUMENT WAS BE INADEQUATE FOR Utz N 0701 SCANNING PURPOSES. I 'DOS DEED la made dal SO dqr of June. fl by JoflflWit 11. Ian i•StAmeurass vat by ad 6o'e J. twain WELCH it. 4� sole, duly actin[and appended Grantor. whose thinned d 1515 nut • 2th Avenue-No. 211. CO 13021E to MICHAEL A. DAVIS and BIWQA A.DAVIS,Oranwee.whose address I.E167 Eat 167th Court Brighton.Ma n' Coady.Cokesdo $0001. , ee MEW I WrISESSE It that th Grantor, for and In coneWaat ou of the sum of other valuable sornsalsratiah Ttn d Ne 100tbe DOMED. the t tae or —▪ a su6ldney of which I.lay ta benetzed. rote and a e anrrnyed and by these prams dose pent- bests +ate earner sod amens l.fa unto as Ctanfeas. not es tenants in eommoa but as Jean taunts with nett w of�eof the Mai deeaf,ad test property. sltWte lying and `� bane b the of Weld,State of Colorado daetlbed se fotlawsr I ea▪ ea: Exhibit a See A attached hereto and nude part hared R '-.C3 � DOCU1dNTAfl'7EE: 024.00 I a d TOGETHER with ell and singular nular the heeedttamada and ^ —▪ 3 thereto belonging and the reverelen and revs dan. .2aM eder e� ,- g and an the estate. right ante. tntetest. dean and demand al aewr of the Grantor.either In law end equity.of, In and to the above bagabud..erases. n a g o maid. easematts and tealttai.of bid.rifle-of-way kr rota and tan ° = o n the promisee std ao6. es and ether mhlnls and surface estreetbn 8 tights Sated thereto. re 3 e ris TO HAVE AND TO HOLD dad praea above bargained eet and ds0ed — s with the appurtenance r a ateenunto the Grantees, their het Sips fee as I rn joint tn-na and not as tenants in {anon. The Grafter for Itself, its a, --r suntan and w�q�h a6 doe covenant and agree that It shalt and will warrant i•-• � i'i`o end'farrier defend the sherd Earptred pre wised lo all and any sothe quiet and pesombfe �o ot whom or tiny part thereof,bssion of the Grantees y,through u tbe Cant pea claiming to Pi s. IN WN =518 WIIK$EO►, the Chanter has cawed these presents to be t se executed en the date set forth aba by and through its sole Thanes and rr authorized secpresentatare. a JOSBPHINE afB.16 TISTA tEilAIW TRUST Er< pursuant to the texas of midd�� 'hurt STATE OF COLORADO ) es. CITY AND cowry or DENVER ) • The forestog�Instrument was acknowledged before Q1e thee der of June, 1 ROBERT WELCH. Sole Trustee of the Miles Testamentary That �,1 l/ Was my Hand end Mehl Seal. rOs if% 0 Canaan . RECORDER'S MEMORANDUM t WI 1 : Tai DrUMtM �eW1rA t. . ruarr°eaa 11111111111111111IIIII��111111111111��11111�� 2799827 10/12/2000 10:29A JA Sold Tsrkamoto 2 of 2 R 10.00 D 0.00 Weld County CO A tract of land situated in the S1/m41/4 of Section 28 and the NW1/4 of Section 33 all in Township 2 North, Range 68 West of the 6th P.M. , Weld County, Colorado, being more particularly described as follows: Beginning at the North one-quarter corner of Section 33; Thence along the East line of the NW1/4 of Section 33, South 00°12'23" West 720.64 feet to a point on the centerline of the Lower Boulder Irrigation Canal, whence the center one-quarter corner of Section 33 bears South 00 12'23" West 1, 903.66 feet; thence along the centerline of said Lower Boulder Irrigation Canal the following courses: Thence South 77°53'32" West 69.71 feet; Thence North 88°19'26" West 85.39 feet; Thence North 84°00'45" West 185.44 feet; Thence North 67°20'28" West 206.95 feet; Thence North 55°20'14" West 209.43 feet; Thence North 69°54' 12" Welt 90.18 feet; Thence North 79°29'16" Wessd 328.11 feet; Thence South 84'116'20; West 189.07 feet; Thence North 80 34'19" West 206.16 feet; Thence South 65°16'18" West 172.55 feet; Thence South 46°25'26" West 41.82 feet; Thence South 30°43'16 West 61.50 feet; Thence South 14°26'13" West 77.52 feet; Thence South 22°20'20" West 89.88 feet; Thence departing the centerline of said Lower Boulder Irrigation Canal along the centerline of an existing road; Thence along the centerline of said existing road the following courses: Thence North 64°15'46" West 49.42 feet; Thence North 55°44'21" West 70.43 feet; Thence North 65°10'23" West 75.56 feet; Thence North 75°52'35" West 166.83 feet; Thence North 83024.330 West 197.32 feet; Thence South 87°37'07" Welt 61.18 feet; Thence South 71 06'32" Welt 54.00 feet; Thence South 62 23'09" West 91.61 feet; Thence South 83 08'15" west 51.27 feet; Thence North 84°45'34" West 48.11 feet to a point on the centerline of the Boulder and Weld Ditch; Thence along the centerline of said ditch the following courses: Thence North 19°14'52 East 14.70 feet; Thence North 27°34'00" East 144.95 feet; Thence North 43°08.28" East 107.42 feet; Thence North 36°35'38" East 202.57 feet; Thence North 22°24'41" East 137.71 feet; Thence North 41°07'45" East 195.46 feet; Thence North 48 05'05" East 151.42 feet; Thence North _ 63 31'24" East 141.80 feet; Thence North 63 17'17" East 382.68 feet; Thence North 72°40'04" East 197.69 feet; Thence North 42°31'02 East 131.97 feet; Thence North 54°24'51 East 43.75 feet; Thence North 84°45'13" East 43.01 feet; Thence South 80°49'55" East 159.78 feet; Thence South 68°29'21" East 266.40 feet; Thence South 60°39'37" East 150.64 feet; Thence South 72°46'08" East 54.75 feet; Thence North 84 45'58" Eas8 41.35 feet; Thence North 71 34'19" East 150.06 feet; Thence South 87 34'14" East 154.67 feet; Thence North 83°27'44" East 65.38 feet; Thence departing the centerline of the"` Boulder and Weld Ditch, North 90°00'00" East 218.91 feet to a point on khe_ East line of the SW1/4 of Section 28, whence the Northeast corner of the.. S1/25W1/4 of Section 28 bears North 00°02'26" East 958.05; Thence South 00°02'26" West 389.87 feet to the Point of Beginning. _ 141 fa. INi11111111111IIIIt11111 Meld C III11111UIIIII! 399 2014130106/12/100$ 03:00P UsId Taunts CO 1 of 2 R 11.00 D 24.00 JA Suitt Taukalaata TRUSTEE'S DEED THIS DEED is made this 8th day of June, 1998, by JOSEPHINE H. MILES TESTAMENTARY TRUST, by and through J. ROBERT WELCH it's sole, duly acting and appointed Trustee, Grantor, whose address is 1515 East I I 9th Avenue • No. 211, Denver, CO 80218 to MICHAEL A. DAVIS and SHEILA A. DAVIS, Grantees,whose address is 8162 East 157th Court, Brighton, Adams County. Colorado 80601. WITNESSETH that the Grantor, for and in consideration of the sum of other valuable consideration and Ten and No/100ths Dollars, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed and by these presence does grant, bargain, sell, convey and confirm unto the Grantees, not as tenants in common but as joint tenants with right of survivorship all of the following described real property, situate, lying and being in the County of Weld, State of Colorado described as follows: See Exhibit A attached hereto and made part hereof. DOCUMENTARY FEE: $24.00 TOGETHER with all and singular the hereditaments and appurtenances thereto belonging and the reversion and reversions, remainder and remainders and all the estate, right, title, Interest. claim and demand whatsoever of the Grantor, either in law and equity, of. in and to the above bargained premises, except easements and restrictions of record, rights-of-way for roads and ditches on the premises and all oil, gas and other minerals and surface extraction rights related thereto. TO HAVE AND TO HOLD said premises above bargained and described with the appurtenances, unto the Grantees, their heirs and assigns forever as Joint tenants and not as tenants in common. The Grantor for itself, its successors and assigns does covenant and agree that it shall and will warrant and'forever defend the above bargained premises in the quiet and peaceable possession of the Grantees against all and every person or persons claiming to whole or any part thereof, by. through or under the Grantor. IN WITNESS WHEREOF, the Grantor has caused these presents to be executed on the date set forth above by and through its sole Trustee and authorized representative. JOSEPHINE . MILES TESTAMENTARY TRUST By: 403 J. Robert e s an 'Auttt�otised—� epr a pursuant to the terms of said Trust STATE OF COLORADO I ss. CITY AND COUNTY OF DENVER ) The foregoing instrument was acknowledged before me this 8th day of June, 1998 by J. ROBERT WELCH, Sole Trustee of the Josephine H. Miles Testamentary Trust. Witness my Hand and Official Seal. �{7 M.. ItaYtf7r/ tx Po RECORDER'S MEMORANDUM gACf�KG •• My Commission Expires: THIS DOCUMENT VAS FOUND NIIGATA August 17, 2001 TO &E INADEQUATE FOR SCANNING PURPOSES. EXHIBIT A PARCEL A: t 4 A tract of land situated in the South one•half of the Southwest quarter of Section 28 and the Northwest quarter of Section.33.all_in.T.ownship 2 North, Range 68 West of the 6th Principal Meridian, being described as follows: BEGINNING at the North one•quarter corner of Section 33; Thence along the East line of the Northwest quarter of Section 33, South 00 degrees 12' 1Y West I 720.64 feet to a point on the centerline of the Lower Boulder Irrigation Canal, whence the center one-quarter corner of Section 33 bears South 00 degrees 12'23'West 1,903.66 feet; Thence along the Centerline of said Lower Boulder Irrigation Canal the following courses: Thence South 7Tdegrees 33'32'West-69:7i feet; Thence North 8 degrees 19'26' West 85.39 feet; Thence North84 degrees 00' 45'West 185.44 fat; Thence North 67 degrees 20'28'West 206.95 feet; Thence North 55 degrees 20' 14'West 209.43 feet; Thence North 69 degrees 54' 12'West 90.18 feet; Thence North79 degrees 29' 16'West 328.11 fat Thence South 84 degrees 16' 20'West 189.07 feet Thence North 80 degrees 34' 19'West 206.16 feet Thence South 65 degrees 16' 18'West 172.55 feet, Thence South 46 degrees 25'26'West 41.28 fed; Thence South 30 degrees 43' 16'West 61.50 feet; Thence South 14 degrees 26' 13' West 77.52 feet; Thence South 22 degrees 20'20' West 89.88 feet; Thence departing the centerline of said LOV/CI Boulder irrigation Canal along the centerline of an existing road; Thence along the centerline of said existing road the following courses: Thence North 64 degrees I5'46'West 49.42 feet; Thence North 55 degrees 44'21'West 70.43 feet; Thence North 65 degrees 10' 23'West 75.56 feet; Thence North 75 degrees 52'35'West 166.83 feet; Thence North 83 degrees 24'03'West 197.32 feet; Thence South 87 degrees 37'01'West 61.18 feet; Thence South 71 degrees 06' 32'West 54.00 feet; Thence South 62 degrees 23'09'West 91.61 feet; • Thence South 83 degrees 08' IS'West 15.27 feet; Thence North 84 degrees 45' 34' West 48.11 feet to a point on the centerline of the Boulder and Weld Ditch; , Thence along the centerline of said ditch the following courses: Thence North 19 degrees 14' 52' East 14.70 feet; Thence North 27 degrees 34'00' East 144.95 feet; Thence North 43 degrees 08'28' East 107.42 feet; Thence North 36 degrees 35'38' East 202.57 feet; Thence North 22 degrees 24'4l'East 137.71 feet; Thence North 41 degrees 07'45' East 195.46 feet; Thence North 48 degrees 05'05' East 151.42 feet; Thence North 63 degrees 31'24'East 141.80 fat; Thence North 63 degrees 11' 17'East 382.68 feet; Thence Nosh 72 degrees 40'04'East 197.69 fed: _ ._ ..97 TThen�ce North 54 degrees rees 24'1'31'East t 43.75feet;fal; Thence North 84 degrees 45' 13' East 43.01 feet; Thence South 80 degrees 49' 55' East 159.7$feet; Thence South 68 degrees 29'21' East 266.40 feet; Thence South 60 degrees 39'07' East 150.64 feet; Thence South 12 degrees 46'08' East 54.75 feet; Thence North 84 degrees 45'S8' East 41.35 feet; ThThen a South 8e North 7 degrees rees 34' t4' East 154.' East 67 feet; Thence North 83 degrees 27' 44' East 65.38 feet; Thence departing the centerline of the Boulder and Weld Ditch, North 90 degrees 00' 00' East 218.91 feet to a point on the East life of the Southwest quarter of Section 28, whence the Northeast corner of the South one•half of the Southwest quarter of Section 28 tears North 00 degrees 02'26' East 958.05 feet; Thence South 00 degrees 02' 26' West 389.87 feel to the POINT OF BEGINNING, County of Weld,State of Colorado. Together with a non exclusive easement on and over the praises described in Book 1514, Page 695. Meld County records, subject to the uses that other authorized users are making of said premises. 11111111111111111 III 11111111111111111 III 11111 I I I I I I I I 2819389 ee/12/1058 03:S8P Meld Counts: CO 2 of 2 R 11.00 ft 24.00 JR Suitt Tsukasete 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. 1333490 Book 1561 Reception No. 1526258 Book 604 Reception No. 1526259 Book 604 Reception No. 2047841 Book 1107 Reception No. 2048602 Book 1108 Reception No. 2056307 Book 1115 Reception No. 2060171 Book 1119 Reception No. 2413998 Book 1466 Reception No. 2415747 Book 1468 Reception No. 2415748 Book 1468 Reception No. 2418225 Book 1470 Reception No. 2509803 Book 1565 Reception No. 2529660 Book 1587 Reception No. 2568803 Book 1626 Reception No. 2619399 Book Reception No. 2799627 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 6th day of July, 2005, at 7:00 am. Order No. TNWS0000641 Transna ' n Title sur nce Company By Authorize ignature File No. TNWS0000641 EXHIBIT A A tract of land situated in the S1/2SW1/4 of Section 28 and the NW1/4 of Section 33 all in Township 2 North, Range 68 West of the 6th P.M. , Weld County, Colorado, being more particularly described as follows: Beginning at the North one-quarter corner of Section 33; Thence along the East line of the NW1/4 of Section 33, South 00012'23" West 720.64 feet to a point on the centerline of the Lower Boulder Irrigation Canal, whence the center one-quarter corner of Section 33 bears South 00012'23" West 1, 903.66 feet; thence along the centerline of said Lower Boulder Irrigation Canal the following courses: Thence South 77°53'32" West 69.71 feet; Thence North 88019'26" West 85.39 feet; Thence North 84°00'45" West 185.44 feet; Thence North 67°20'28" West 206.95 feet; Thence North 55°20'14" West 209.43 feet; Thence North 69°54' 12" West 90.18 feet; Thence North 79°29'16" West 328 .11 feet; Thence South 84°16'20" West 189.07 feet; Thence North 80°34'19" West 206.16 feet; Thence South 65016'18" West 172.55 feet; Thence South 46°25'26" West 41.82 feet; Thence South 30°43'16" West 61.50 feet; Thence South 14°26'13" West 77 .52 feet; Thence South 22°20'20" West 89.88 feet; Thence departing the centerline of said Lower Boulder Irrigation Canal along the centerline of an existing road; Thence along the centerline of said existing road the following courses: Thence North 64°15'46" West 49.42 feet; Thence North 55°44'21" West 70 .43 feet; Thence North 65°10'23" West 75.56 feet; Thence North 75°52'35" West 166.83 feet; Thence North 83°24'03" West 197.32 feet; Thence South 87°37' 07" West 61.18 feet; Thence South 71°06'32" Weft 54. 00 feet; Thence South 62°23'09" West 91.61 feet; Thence South 83 08'15" West 51.27 feet; Thence North 84045 '34" West 48.11 feet to a point on the centerline of the Boulder and Weld Ditch; Thence along the centerline of said ditch the following courses: Thence North 19014'52" East 14.70 feet; Thence North 27°34'00" East 144 .95 feet; Thence North 43°08'28" East 107.42 feet; Thence North 36°35'38" East 202.57 feet; Thence North 22°24'4 " East 137.71 feet; Thence North 41°07'45" Eagt 195.46 feet; Thence North 48 05'05" East 151.42 feet; Thence North 63 31'24" East 141. 80 feet; Thence North 63°17' 17" East 382.68 feet; Thence North 72°40'04" East 197.69 feet; Thence North 42°31'02" East 131.97 feet; Thence North 54°24'51 East 43.75 feet; Thence North 84045'13" East 43.01 feet; Thence South 80049'55" East 159.78 feet; Thence South 6B°29'21" East 266.40 feet; Thence South 60°39'07" East 150.64 feet; Thence South 72046' 08" East 54.75 feet; Thence North 84°45'58" Eas8 41.35 feet; Thence North 71034'19" East 150.06 feet; Thence South 87 34'14" East 154.67 feet; Thence North 83°27'44" East 65.38 feet; Thence departing the centerline of the'- Boulder and Weld Ditch, North 90°00' 00" East 218.91 feet to a point on the East line of the SW1/4 of Section 28, whence the Northeast corner of the. S1/2SW1/4 of Section 28 bears North 00°02'26" East 958.05; Thence South 00°02'26" West 389.87 feet to the Point of Beginning. 31561 tt 4811tH:: =Od�«>!4—M_ — -IUL 7- 1957 . : 1:3;t. ._)t) _Recorder. • Receptiea No RECORDER'S STAMP • ' TIDs DEED, Made this Gard day of JUNE • - -r_4 in the year of our Lord one thousand rive hindrel and shy' :.a 2� _e.eeen AUGUSTA L . I3LOCK, JOSEPHINE H. MILES, ` and ERNESTINE BLOCK GRIGSBY . qie the City and County of Denver and State of • Colorado.of:he tint pa.-...and JOSEPHINE H. MILES and . ERNESTINE BLOCK GRIGSBY ,�- cif the City and County of Denver and_rate of Cdorado.of the second curt. \.. C..:CESSETH that he sand pa:: ;es of the •. t tart, for and in consideration of the s--. c-f TEN DOLLARS and to adjust title DOLI—kR.. i 2: o i.t s-_con. ._sat ._e .. r is --- - :o the mid ram ins of the Ens: raft in Mind. ra,,_ 1:-y the Sa“-i_ rest-rortrs,ed and acksowiedief.Mee ranted. . d seal v. .. .. ants do r 1 C 5 and 1a ns 5 :.r[rt:. tot T'1 ten.ancy in rommote tut i nt tenancy.adl the followg.r; cr}..dot re parcel of and. situate.lying and Z be ng in the Covty Weld and State — i of Colorado,:o-vi:: G i The South one-half (51/2) of the Southwest one-quarter (SW1/4), Section I Twenty-eight (28), Township Tssa (2), Range 68 West, containing 79 acres; als. i. =he Nor-sees. one-c (N-ill:'+1. Section Thir r -:-t_. ee (331, Toshio Two f If- 1 Range o _ acres, x ht, reserved Z e .. . o :pacific lionTOGETHER' . . .a'a r iKnife as x.orit es ;lands any e o oartur 31aeni 1 of o the Consolidated Lo' e.- <Z 1 d - Reservoir o & Dlich C D Fourteen (1 1 shares of stock in the Erie ;Coal Creek Ditch & Reservoir Company. O r & We jC Ditch Co ?a t o o se Bband oulder m Fes ew . ir !Ce -e. z t C0Az.R' S4 -> . -z(v, yt,,r=rt c ae ,;--i sac 0 t a...t'...7Ft Lher ater ier c-:o : -r and renuandr _ _ . eo nights. -t,ae.e-a the sa d part e> the :. e. _ in in or e.,. . � ... � .... —.. ...Cult and......- - ; • ? .. n abort - rid a=emaa and d ce.--_the _ TO \ AND TO HOLD above bargained and described. -Les.unto the said — ' o - d p .q and siz o< - And the said: thenTrl es I - 1 t and d. -sJdo `- cosecant c.t.bargain nd are d -with the said Parties I( g of e e nit they are _L. _ above t_�.t at good_ c—feet _ c as ice estate of s e` u-c:v and ha -e goo•' and!awful a�hoist to grant.ba:v.s and c y the ' .mac-,manmer asd form. f e_. and ad.and that of whatever a e free s and cleat from all r=er and other;rants burg .sales.lime ! ...J:lvan.-e sneer.. bargained ecdscs in the quirt aid peaceable poaa�icn of the and?:.-ties of ve second,v.t.vet hers ! - 4, above aista p: d and „-s.as n_:::and every person or persons Lai_s-•laic c cr to claim the=hole oa e p -t thereof.the said • ,art le S o, the test pan shall and c Il R'ARAAs:T a.ND FORE\ER DEFEND. IN WITNESS. RHEREOF the said parties of the test part ha ye hereunto ret the':..avds and ! e_ written. o seal S the day ant,year First above I r .a Signed, ≤e;<d and De-reeled sn •�:< Presence of is L [cEAL] n r t __ - r ,v ]AL 3333- -- r — : i ' STATE OF COLORADO, fg ,' I ' i City and county of DENVER , _ I ��rqidty�'r-t�t was acknowledged before me this 233rd 4ay Of JUNE ,a amen JGUSTA H. BLACK, JOSEPHI NE H. r1LES, r.:14346 Tye 1 :. _ 1 % Irl al qI il ;v�TA :GJaa 19 .KSL&.U _ hand� cvl seal. ! n 1- KdAU. ��:a lb olara y mina..,>,-..ens` _ ^x I t` e l _ _ '` 7 \o.9'Lva.9sl Dam.-n; v e-p r=a �.y. xrperson taro -_ or;tram, ,.ra person ea t ty e Let , tt cor w - , -ea.:. rt suer CS a» nt or he other « tv or e r¢4<xv� - 4,S._�• _ r >i P 3.nt or ether pitta- of.vca .-�--_. -t s tai--l+w.r�^-s Ac..........r. llt< Gbnv I1vyYd 6tatnta]6 1 1 M1 f l.:K 1561 FAG,481 STATE OF MARYLAND ) • n 5 ) SS : �V pe 11r x. , COUNTY OF PRiNC£ GEO..GE ) it.,ne, 'tf - I hereby certify that on this / day of 3s+re, 1960r yppfRi7 a a r: me, a Notary Public in and for the County of Prince George; Sth {#x.S`�,�. Maryland, personally appeared ERNESTINE BLOCK GRIGSBY' and ras L, - . ledged the foregoing deed to be her act.• NOTARY PUBLIC • My Commission expires: ):--1-,/ /e ' ' ,) • :- • I'' �� ., 5 i v �f II / 'c - L: O II I�I A I,I N a s �iiii ii I ^ F IF O) l \ �� o ] ! I '. � II w • I1 . - I C.d. o ct` I ` 9 - ' "wt i y II i . II II ` .i ' g II Ate_ . = i 6` I it ? Ii I,II N. K 1 i. II rs sw�rYY I II II V t p r �I ,� N. iii ,_ ._. .,.., n .. 75-4V27134333: f- ,!:-..4,,)Y ySri r v_ JOK 4 n �' ,� � Recorded at...._.el _ o'clock...4...M., JAN 01969 / 1526258 :'� Reception No �.,,. ANN sPgnn):R gecorMr. THIS DEED, Made this 30th day of October 19 68 • I between JOSEPHINE H. MILES and ERNESTINE BLOCK • I • I GRIGSBY, as joint tenants with right of survivorship of the City and County of Denver and State of Colorado, of the first part,and OD "n FRANK L. McGUANE, JR. tit • of the City and County of Denver and State of .-1 Colorado,of the second part: Ca I WITNESSED',That the said part ies of the first part,for and in consideration of the sum of TEN DOLLARS & other valuable consideration t t- to the said part ies of the first part in hand paid by said part of the second part, the receipt whereof is be hereby confessed and acknowledged,have granted,bargained,sold and conveyed,and by these presents do 0 • c, grant, bargain, sell, convey and confirm,unto the said party of the second part, his heirs and assigns for- - ever, all the following described lot s or parcels of land,situate,lying and being in the - -- County of Weld and State of Colorado,to wit: The South one-half (51/2) of the Southwest one-quarter (SW1/4), Section Twenty- , . irS eight (28), Township Two (2), Range 68 West, containing 79 acres; also The o Northwest one-quarter(NWI/4), Section Thirty-three (33), Township Two (2), r` Range 68 West, containing 158 acres, except the mineral rights reserved to the Union Pacific Railroad Co. TOGETHER with all water rights and priorities, I Ditch rights and privileges connected with, used upon, or appurtenant to said . lands or any thereof, and particularly, Ten (10) of Stock in the Consolidated Lower Boulder Reservoir & Ditch Company, Fourteen (14) shares of stock in the Erie-Coal r •eek Ditch & Reservoir Company. One-half share in the Boulder & Weld County Ditch Company. and five shares of stock in the Base Line Land & . Reservoir Company, and all Ditch & Reservoir rights represented by said stock, t • and aid other water rights. CONVENIENCE DEED 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, tit.'e, interest,claim and demand whatsoever of the said part ieso£ the first part, either in law or equity, of, in and to the above bargained premises,with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described with the appurtenances, unto the said party of the second part, his heirs and assigns forever. And the said part ies of the first part, for the a.d wee heirs,exosutors,and administrators, do es covenant, grant,bargain,and agree to and with the said parts of the second pact, hisheirs and assigns, that ut the time of the ensealing and delivery p o£ these presents, are well seized of the p:"emiacs above conveyed,as of good, sure,perfect,absolute and indefeasible estate of inheritance,in law, in fee simple, and ha we good right,full power and lawful authority '- to grant,bargain,sell and convey ti., s=.me in manner and form as aforesaid,and that the same are free and clear from all former and other grants, bargains, .ales, liens. taxes, assessments and encumbrances of whatever kind or - - nature encr"r. and the above bargained premises in the quiet and peaceable possession of the said part y of the second part, his heirs and assigns against all and every person or persons lawfully claiming or to claim the whole -' or any part thereof, the said part ice of the first part shall mad will WARRANT AND FOREVER DEFEND. IN WITNESS WHEREOF, the said part lesof the first part ha ye hereunto set their hand and seal S the day and year first above weitten. 1 „)F a.„(SEAL)pii-, 1 (SEAL) J ERNESTINE BLOCK,/GR G Y (SEAL) • A6 h/415,,._,... t S;pTE OF COLORADO, , .ap�r,... .. ( �ss. ?f Citxx pad' '6�dt�unty of Denver • St.-6 Shh\₹atiegb(ng.ioepi ent was acknowledged before me this 30th day of October , is 68 e071,-,7‘,"oseIVe H. Miles X2dCff:3fn`ix9i ' N tzzaikgw j pfybomq'os`er On* July 21 , 1971 , Witnes ty hand an official seal. 1 '. 1 r 40-0-1.1,7%. No.932.WABRANSY DEED.For PM1otoesph,a,,sed.➢retlreed R..u:4hlu¢Ca,,5ebd6 Sbut street,Denver,Golorntlo _ _ 1'2d r' 2 (v ri K 604t„.( y,...2.:7 �,o./,P.—„,,e. 1526.259 .. /uDloar//l e da p ' L ar. �% ) ^- 2 LLI��W q � i. // /‘ fiv e1 tatc / afy Commbelon Znires _..... ._..1 At Cmucb•inu Ca4in July 1, 1969 P Ia t .7,6 yet Iro• n,, i Ill, • • C. 'S; K 0 q e I r W I E is e W 4 T - • L7 fli : ! :t �1' o, o .7 9{Q� E�['.l LI wi1 / 4"�• co P O1 s JE o V. O0 , I BOOK 604 ' ` }v Recorded at odock.v7 M., JAP - 01969 ✓ o�dNpo`5 :FR....Retorder. • —i Reception No 1526259 4 WD /. THIS DEED, Made this 31st day of October ,19 68 E between FRANK L. McGUANE +JR ._ i id. of the City and _ County of Denver and State of Colorado,of the first part, and t l t ;% h\ JOSEPHINE H. MILES and ERNESTINE BLOCK qi �� GRIGSBY, as tenants in common end State of a1 r\ of the city and County of Denver 't; --I Colorado,of the second part: Sf7 vs i 44 4, WITNESSETH,That the said part y of the first part,for and in consideration of the sum of ,i TEN DOLLARS & other valuable consideration i $R ;. y 6 co to the said partof the first part In hand paid by said part ies of the • 6second part, the receipt whereof Is • +3 fit: o' hereby confessed and acknowledged,has granted,bargained, sold and conveyed, and by these presents do es , is grant, bargain, sell, convey and confirm, unto the said part ies of the second part, their heirs and assigns for- ever, all the following described lot s or parcel a of land, situate,lying and being in the , County of Weld and State of Colorado,to wit: :, The South one-half (SI/2) of the Southwest one-quarter (SW1/4), Section Twenty- P'(' eight (28), Township Two (2), Range 68 West, containing 79 acres; also The • N.I Northwest one-quarter (NW1/4), Section Thirty-three (33), Township Two (2), Range 68 West, containing 158 acres, except the mineral rights reserved to the • Union Pacific Railroad Co TOGETHER with all water rights and priorities, yDitch rights and privileges connected with, used upon, or appurtenant to said lands or any thereof. and particularly, Ten (10) of Stock in the Colsolidated tit, Lower Boulder Reservoir & Ditch Company, Fourteen (14) shares of stock in the • 11` Erie-Coal Creek Ditch & Reservoir Company One-half share in the Boulder & f i`V Weld County Ditch Company, and five shares of stock in the Base Line Land & Reservoir Company, and all Ditch & Reservoir rights represented by said stock and all other water rights CONVENIENCE DEED TOGETHER with all and singular the hereditements and appurtenances thereto belonging, or in any-wise {At appertaining,and the reversion and reversions,remainder and remainders, rents, issues and profits thereof, and all j'` right, interest,claim and demand whatsoever of the said part y of the first pert, either in law ph, the estate, ntle,j?.., the or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described with the appurtenances, unto the �!F said part ies of the second partjheir heirs and assigns forever. And the said part y of the first part, ,0.. for him sel f his heirs,executors,and administrators,do es covenant, grant,bargain,and agree to and r*; with the said part i e Sof the second part, tl- itheirs and assigns, that at the time of the ensealing and delivery of these presentsis 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 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 same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments and encumbrances of whatever kind or sy nature soever. d' *,, and the above bargained premises in the quiet and peaceable possession of the said part ie5 of the second part, their heirs and assigns against all and every person 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. rx, IN WITNESS WHEREOF, the said part y of the first part ha s hereunto set his hand and seal the day and year£ir-t shove written. X , -,FRANK L. McGUANE JL) H[ _._ � CCK -.(SEAL) Z _.. J (SEAL) .._ p .aOVt H'➢lYTE OF COLORADO, ll as. r,ery +J I \id . . - ,puidy o£ Denver 1111 -.r 31st October 'j'he Jo ageing mtt>TOrsent was acknowledged before me this day of 19 68,by tra:nk 3. McGuane ,Jr _s. %147 emrrissle p )re5 July 21 971 . Witness my hand and official seal. . f xours P+,eat. -. Id I *1!' Nn.912.V,ARRA\fY nEEn.Foe Phet,a,,DF t Net:.d.—aeadinrd estllaM1inr Co„sCs'.4e stout Steeet,nex,ee,Culumtlo t ir T' `4j0 ; a• h itt a d rb,mbl•"ti r i g ebt n a`la h.y +ti r ; o n+ “1.4..Y ' ' g. a s : u'si". tiM U �,{,c'§, t ti r ? �'�‘,:!-,,,,l'a-, $ Y0. ,vf ttel -4A44, , .,,.... r,..-. , r• s r'. y r` AR2U47841 1 12' Ns i s 1-“'""I'1-“'""I'1-“'""I'd B 1107 REC 02047841 03/27/86 12:01 $6.00 1/002 { i ', IV F 1240 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO 14F — _ �� __ _. 2t.+R d,yul linn"A�Ch r .1986 ,between b. 1K.:, I j y I -1� Him D l t.n, Si ide a Ili, - t, i II Personal Representative of v^1' JANE G.of ERNEBAUGH, II ; ar14r,1r, Estate ERNESTINE B. GRIGSBY, Deceased I S r %. $� 5 o k - - 7413 Tudor Road, Colorado Springs, tyk5 o it and State of Colorado.of the f rot part.and 1; Ab ol'the County of El Paso 'y}',ry+ k • q . I I s+ 4 I JANE G. SENCENBAUGH Q i is Hie whose legal addresses 7413 Tudor Road, Colorado Springs, t yr IIIEl Paso and Stale of CulornJn.of the second parr. of the County of WIINLSSISII I.That the said patty ofthcfirstportfar:md in consideration ofthc sum of �" specific bequest in LAST WILL AND TESTAMENT of Dullafs. 'TV:—, . I ERNESTINE B. GRIGSBY, Deceased Al r.I - ,u the said pary of the fist part in hand paid by the said party of the second part, the receipt `'41 r is whereof is hereby confessed and acknowledged,Ins remised,released,sold,conveyed and Quit-Claimed, y III It rIll and by these presents do es remise sell,convey and Quit Clain unto the said party ofthc an second pt her twit.and:s t.I -f c t,ever, the rightitle,interest.claim and demand which I!II the said party of the f it cm.st lint his in and the following LOp O PARCEI.OF LAND I, f-3 {•: Weld •I; - �l sit unto,lying and being in the County uC nd • It 4 C,<r ' . �` II State of Colovdu.too it: I e9 I 1. • i +'t}y ! An undivided 1/2 of the undivided 1/2 interest of ERNESTINE B. ; �+ ,RIGSBY in and to the South 1/2 of the SW 1/4 of Sec. 28 and the ' �� z tr . IN-,W 1/4 of Sec. 33 all in T 2 N, R 68 W of the 6th P.M., Weld� II County, Colorado; LESS a parcel of land located in S 28, T 2 .N, R ttra kt ii 68 W of the 6th P.M. and more particularly described as follows: CCNMENCING at the SW corner of S 28, T 2 N, R 68 W of the 6th P. N. , thence North 0 degrees 04' E along the West line of Sec. 28 fl 9 a distance of 1332.8 feet; thence South 89 degrees 53' E 30.0 I, ,x feet to the true point of begining, being a point on the E line �. i tirtr of county road right-of-way thence; South 89 degrees 53' E, d „ g k � ' ^ I 1285.0 feet along an old, well established fence line; South 0 I v '�+ ? I! degrees 04' W 339.0 feet; North 89 degrees 53' West 1285.0 feet II r I !! to the E line of the county road right-of--way, North 0 degrees 'i t . 4 ,, a 04' E 339.0 feet along said right-of-way line to the true point s, s {f, I�i of beginning; including proportionate interest in rights to oil 'Aav4 i}, and gas and other minerals (subject to coal rights of Union �'I • k I; Pacific Railroad hereinafter described) . TOGETHER WITH an , undivided 1/2 of the undivided 1/2 interest of said ERNESTINE B. .•AlI GRIGSBY in and to: 38 Shares of Capital Stock of Erie and Coal ,,l 'a`1a8 .I Creek Ditch Co. ; 25 Shares of Capital Stock of Leyner-Cottonwood le f S. Fee II Ditch Co. ; 10 Shares of Common Stork of Lower Boulder Ditch Co, ; i.+ i! 5 Shares of Baseline Land and Reservoir Company; 1/4 Share oft rs 2' '�:' Capital Stock of Boulder and Weld Ditch Co. AND TOGETHER WITH an L r i. undivided 1/2 of entire 15 acre foot units as allocated by # iez II Northern Colorado Water Conservancy District as filed in Weld- r.'.kY ,I County, Book 978, Reception No. 1905097 in sole name of ERNESTINE gt4 ?; II B. GRIGSBY. EXCEPT right of way as granted by instrument I --- '0;44v. MR ICI recorded in Book 902, Page 325, weld County records; easement as i II granted by insfrument recorded in Book 1451, Page 213, Weld • +h. r<V N„,-In, (jun+ a+,int, Inur, . w Id,n rr.•,oe.coml .,:o-nom 4 r a ' sGr tI h .44, s, , : , .. •r-: • . • I r"a r.� ... •I r1' •"r • • ;',y zV.y !, .t s ..Np•., ,w, �,. yp i tuYfs ...f y_ 1 . 1' af-3c B 1107 FEC 02047841 03/27/86 12:01 56.00 2/002 —` �'f >t, F 1241 MARY ANN FEUERSTEIN CIE RR 6 RECORDER WELD CO, CO 1 < tit 777""" r- _ ____.—. z 3 Y "- County records; reservations contained in Patent recorded in Book II I 44 1 v ,�- 153, Page 40, and in deed recorded in Book 77, 'Page 356, Weld; I o u' - County records; reservation to Union Pacific Railroad of coal ll i r. I .ia 4a "i II rights pertaining to NWl/4 of Sec. 33, T2N, R68W of the 6th P.M., . rh 4 ' 4 '� taxes assessed for calendar years of 1985 and 1986; other '« :; ![&&4.! easements and rights for telephone lines, roads, ditches, and ,yl l', "7i Bp,!. utilities shown of record; and subject to oil and gas lease to t. ply 3 : H it Amoco Production Company. ?' Cv ^ r. a "1 ' r,� I lI h. I,r � <_ v • - 0.9 aT �,i,fn sue�.-n i I' :d,.+R,_....c.urRlnm,hw' • .+ M` �� To I I AVE AND TO I I O II)'MIL SAME. Together with all and singular the appurtenances and privileges } w *, L thereunto belonging or in anywise thereunto tippettaming, and all the estate, right. title, interest and claim I - whatsoever of the stud pat of the lust part either in law or c4rlilY to the only proper use,benefit and .43.111,1:�y II �'yY 7`:.g3 hchal(uf the said parry ,I the second pan, her beta and assigns,forever. ,7 Ws i '1,'.1.4.`t.. IN WITNESS WI I ER (PE,the said party of the fist part has hereunto set her hand fi i . I 4 4;, • rk ;4>"s and seal I lie day and year first above written. �` rP 4111t Ilit Signed,Sided and Delisvet ed in Presence of L-,-1,--,- r �.!i!'-�'�, �b-- ISEALI JANE G. SENC£NBAUGH i +s� 3'{., .-o�r4ar. , t1Y</ 3.✓.M(.r .. ISf ALA i I < n [SEM.] [SEAL] PI i • t Ina 3 ''' alb,. III STATE.OF COLORADO. '' ss. County El Paso 1. of i* $ .tII i. n\.bec-k \3, Leg an , 2 R0k2Y.; ?OD k.C in and fur said County „6 � y",LI'att -fir ' II in the State r emal.do hereby certify that JANE G. SENCENBAUGH eLi Qetcova[ :v;,,-;� .l, III hE6teserykalW d IDS- ER4�lr511.Nt 13, C+'[Z1G.SQ V l ' eceascct ii � .p, y -, 'I s. personally kilts,.n to me to be the pet n whose name is subscribed to the foregoing Deed, appeared II '^ ti s','•; e� ass t. p( M [ be lore m Ili s day in pr son, and ..knosdeJpcJ that t she signed, sNJnl and JdivcrcJ the suit y' .$ s x zIr ' :• . instrument of\manic as her lice.aid eohntl yail for the uses aril par poses lhe'em set forth. p , GP.eni under my hand and nat a<tal seal.Ibis 2011 day II Y i t B 4 e4 M2Rbh . 1aB l it x� 19 Ap asp ;ti IsEAl) o-.0f � - MYlummdsmulle.rlres w.hwrl) ' Iv89 . + p . ' � `� I.nI ' �c, _ ' "- I - ° • ts') ulo�Y I,d.lic /p�!!77 IIII If .� " F Jr C a LILT eti"Ak`,W��C"tTf :I-, rlt 4 Y 4� Qap. "1""•,To rt• eO91 D y. 4I f 14r d= 'S ( � a _ U Ili I 1 ]0%. n, n6%r„ P_ 07. 04/02/86 13:25 6.C 1/002 717-,(Y)(./. A'+ s� 0452 MARY ANN CEUERSTFIN CLERK & RECORDER WLI.,.0 CU, CO -- - I „t 4- y I' b I Tills DEED, Madetm. -12Ln:11 (Idytit ;^0-3rC11 a II II Personal Rc resentative of (te' j " 1i JANE G. SENCENBAUGH, P III fh nsv slate of ERNESTINE B. GRIGSBY, Deceased - j•� {Ii, II �i's k ° 7413 Tudor Road, Colorado Springs, l ' � i 4 � of the Cmmtyof El Paso and Slate o(Qdortulo.of the first part.and l �„ . I. Ht t.° 1 ea II I� fmk nYRe ROBERT J. GRIGSBY III r )yQ II II r Y y '. '�f(p whose legal aJJrca is 500 Coffman Street, Longmont • • art 3 �� +.ri s„,' kA i.:. 0 'I��I Boulder and Slate of Colorado.of the second part. • ry v \ of the County of kvrM.•d+3 a J i l 3 t s{� fi' v III of the first part.for and in consideration ofthc sum of vlt b' WI'I'N 1=.SSISf II.'I'hN the said pail y yY, `G 'v. a „pacific bequest in LAST WILL AND TESTAMENT of Dollars I � : J1 ERNESTINE A. GRIGSBY, Deceased 's to the said part y of the first part m hand paid by the said pnry of the second part, the receipt I I {; e ngi s•I;and acknowledged,ha s remised,released,sold,conveyed and Quit-Claimed,,I e 'I is hereby confessed 6 svuu ccn'1ff ;IG He IIIa .� t of the - e4- and by y these presents do es rcnusc,sdl,convey and Quit-Clmm unto the mid parr y ,..p, II ,at+t $ ,"zS • li ..t nd pall his hcits end assigns forever,all the r 6 t title,interest,d:um:uul de nand which .ry.4,�Y,p�v`'Y 4*& i, 'Nnrp'l� tiu q n Ulf saw part y of the filsl pail has In and to the following JeatibcJ LO I'OR VARCeL OF LAND I i a fps.. County of Weld and .I r IL situate.lying and beingmlhc l[ r Q �y✓�rtit 4i tV N I • .': ' Srt uflu 'tla,to d 1.2... r. + r 4 III An undivided 1/2 of the undivided 1/2 interest of ERNESTINE D. V* sy 9 fi I' GRIGSBY in and to the South 1/2 of the SW 1/4 of Sec. 28 and the II tv11 4. aA 'P..1 NW 1/4 of Sec. 33 all in T 2 N, R 68 W of the 6th P.M. , Weld II '5 County, Colorado; LESS a parcel of land located in S 28, T 2 N, R I III, 68 W of the 6th P.M. and more particularly described as follows:ii COMMENCING at the SW corner of S 28, T 2 N, R 68 W of the 6th II 4, xSr, -" P.M. , thence North 0 degrees 04' E along the West line of Sec. 28 cpf'v,qyt 1 ;, t' �;,, a distance of 1332.8 feet; thence South 89 degrees 53' E 30.0 i II ; ., feet to the true point of begining, being a point on the E line• „g ' thence; South 89 degrees 53' E, ✓ S` " 1285.0 2 coon fe rc ad gig an of way h .,ti feet an old, well established fence line; South 0 ,y,�,„ -n e ' along degrees 04' W 339.0 feet; North 89 degrees 53' West 1285.0 feetiI :44P.,', eH" road right-of-way, North 0 degrees xx ++ I1 to the E line of the county 9 f"` I! 04' E 339.0 feet along said right-of-way line to the true point Ilk',.'5, of beginning; including proportionate interest in rights to oil � P4. and gas and other minerals (subject to coal rights of Union I, 3 k! 3 ° Pacific Railroad hereinafter described) . TOGETHER WITH an I, "-i•r" undivided 1/2 of the undivided '_/2 interest of said ERNESTINE B. n ',^w GRIGSBY in and to: 38 Shares of Capital Stock of Erie and Coal ' @@s `� Creek Ditch Co. ; 25 Shares of Capital Stock of Leyner-Cottonwood , ' % Ditch Co. ; 10 Shapes of Common Stock of Lower Boulder Ditch Co. ; +� ry. 1.. III 11 th s ll 5 Shares of Baseline Land and Reservoir Company; 1/4 Share of lific?q �" i Capital Stock of Boulder and Weld Ditch Co. AND TOGETHER WITH an I bj ,'s II undivided 1/2 of entire 15 acre foot units as allocated by &♦ *1 Northern Colorado Water Conservancy District as filed in Weld 0 $ fit , i -f 'I' County, Book 978, Reception No. 1905097 in sole name of ERNESTINE a ice, B. GRIGSBY. EXCEPT right of way as granted by instrument . ll recorded in Book 902, Page 325, Weld County records; easement as Jr,' granted by instrument recorded in Book 1451, Page 213, Weld 4),0'.. 1'3,..'-',' ,LNTk 4E, , — f r —� IL,, l v,.nn.v, i i„ , .v nnme.l.4 .oil ea eov, -um mev w, jP 4'Y i.. ♦f -OL I '}k.. 91 I. .r r.. s .. 1 i i• Kt r -, .ems T'° 1+ at ,wr c m (r r.axa" r� , ,.....!'*'...;M,,`',. .'"- p r t ts. .. t Ltiwa 81e,' . ,a-'.*I'a 4 .Ise 'A e » r �r dv+'�,t o1h 7 +, 4 we:,,,,, ,ti; t a tk tI y , •ay, }x '` t, P 1108 REC 02046602 04/02/86 13:26 $6.00 2/002 ti �,t„w F 0493 MARY ANN FEUERSTETN CLERK & RECORDER WELD CO, CO e a . - I � tin )L u )y4, County records; reservations contained in Patent recorded In Bockh I a, )° 0 153, Page 40, and in deed recorded in Book 77, Page 356, We1d�1 -;- k ' County records; reservation to Union Pacific Railroad of coa111 R' a It n � 'a rights pertaining to NW1/4 of Sec. 33, T2N, R68W of the 6th P.M. ,I� ¢ 9g�a 4 r ' - taxes assessed for calendar years of 1985 and 1986; other I b'$t kwfi'�, i '6 ;gR easements and rights for telephone lines, roads, ditches, and, rt ".,r ae. s.• shown of record; and subject to oil and gas lease to'i' 30'.. .15., ;•x '_ utilities 1 i' se� Amoco Production Company. �j i ).Cj^ ;"' H. ii I �' I w kt ,;,i 11..ti.,,.........>,,..e,.rand.unmtm,- I '¢ea4.?.4er .2 ey! f4 TO IIAV Ii ANI)'I0IU)LI)TI It SAMIt.'I'ogether with all and singular the appurtenances and privileges . ° er wx 1 • 3 VIII the rcu No belonging n' in any wise Ihcr unto ;tpPerl�.unwg, and all the estate. right title, interest and claim � & i ` ' V 4 l, wh tsoever t f the sad party of the fist part. either in law or anty, to the only proper tae,benefit and 1 ) J r lt 1 Thtt l h hChall of the 'd p rr& r l the second par 1, his heirs and assigns,forever. MI 1 , kba ' S IN wi ENESS wl Ili Rf 01 The said part y of the first part has hereunto set her hand ' ii.t p' ($!'�� - !4! r - and sod the day and year first above written. j .. ,l Su yl• Y e S I Sbned,Se:drd unl Dcliveed In Po:settee of u�'-c- s=— (SIAl.i I�� I t z !fir' JANE:G SENCENBAUGH , 4� _ ,>,,,crosacli .u, 1 c • ' .,1�ti�F • T fSE.ALI �� e+ 4ry .k t vd '.. P , � ✓r [sh:nf4 c I� F: x,2s lel i. d06 tu 41' 1', I lEtItt f . AP & , lI kbK "" "- i `- t s mil.DI COLORADO- II ti 1 t� N .kite ss. III l t9 � i/" F�l,SY 11 C'onntY of El Pasoxko 4��'�' l �11 b 1 t u.; . II 4 Y4;Z'. II'�. I. A��Cr\ J, \S t,3,) a Nbt sits. \--,010 U C in and for said County �a iS� I Jt i�T I - 11.P. . 1?f I in the State I tn.ad.do herbs certify that JANE G. SENCENBAUGB) as 1�Ceiolla\ a#Y t C eeese tat ue cc L=RNQS 1 - B. G2AG54y, Uecease�l „t> I . ,,,2,4.,,' :::,;.: Crvonally known th me to he the person whose name is subset ihed to the foregoing Deed, appeared r< d^y' r }", a 1 II I bonne be this day in pennn. :md acknotslcdged that she signed, staled and delivered the said I",D� y, Q� t• rulneln ul s, ling as her 'tee:old voluntary art for the usesand purposes I herein set forth. • tM•r.4't 4Atfk .f1 Leven andel myfind and NA0.1td eal.this act), day r, GIr t4, . '6gfM i1, rl ss Of 1`IAa rc-h , l9 8�0 t {! '"� Sep} 1, I') ii t >it , t Mc l\nnns.um espies ern�er I. ,kr i t�I r "' vit C��Ct I 41' Re` .,tri, rd (SEAL) Stir rt d•n` /�� [ I 6 p tk ' III `��L�I ep¢.Thc,red etekc, hi c r \' 1,,.y I `tom.e'I''niker3 Gr(n t Boti+Z - II i '°�t I r l __ _ _ _i, Ara e µ ti y I . .. {e l�. I t "" iar;1r a.�` s'' F _ .. ' ^ 4 • # .. P. 1115 REC 0285t, SJ/ G6/06/86 14 55.00 l/002 NCO . pv�30 m}l F 1078 MARY ANN :iUL�2SYEIN CLERK & RILOORDE7 WELD CO,CC 0') T. a , a qq •,., Y ... A22C5b3C7 ,ti 6",�9 1 " CORRECTIVE DEED OF DISTRIBUTION t tp^'i" ;, - BY PERSONAL REPRESENTATIVE .s,:.-.°V } yam (TESTATE ESTATE) , ' t'-'''.'.j'-)- ' v 6 " M G THIS DEED is made by JANE G. SENCENBAUGH, as Personal �"VA- j c£s, t4 tc"� Representative of the Estate of ERNESTINE B. GRIGSBY, deceased, Iki0F" I , 1' 7413 Tudor Road, Colorado Springs, Colorado, Grantor, to JANE G. r a ,ri ,$ p %t° SENCENBAUGH, Grantee; roll, w WHEREAS, the above-named decedent in her lifetime made and �'°k 5 SI' executed her Last Will and Testament dated January 4th, 1984, 1') t!�„,, which Will was duly admitted to informal probate on February A.A.. s , °1 `q 13th, 1985, by the District Court in and for the County of p!*5IP ' a ' '' Boulder and State of Colorado, Probate No. S5 PR 056; Ni�d� 4 x 44 ii. t yafita, WHEREAS, Grantor was duly appointed Personal Representative ) a gv. `9 of said Estate on February 13th, 1985, and is now qualified and ae x tg ! acting in said capacity; andPi it _ ' r r WHEREAS, the Grantee is entitled to distribution of the , # property hereinafter described, and Grantor is authorized to h flip 4 distribute the same to Grantee; ( 11 * n j# ` WHEREAS, a deed recorded on Book 1107, Reception No. 2047841 I,N } of the Weld County, Colorado records may have certain technical 1� ..f. (£"4 . ., errors; e � *i <S'"1F8P t NOW, THEREFORE, pursuant to the powers conferred upon Vt m4� t .:I',"gfy' Grantor by said Last Will and Testament and by the Colorado md:� Jt w �y. c; Probate Code, Grantor does hereby convey, assign, transfer, f?tlt ,y C<; ,°" release and set over unto Grantee the following described real ,, w ` ,� w,'. property situate in the County of Weld, State of Colorado, r 'i0 2 to-wit: , ti , Sfourti t• An undivided one-halt of the interest of Ernestine E. l ,e ' Kf'"�'` ; Grigsby in and to the South one-half of the Southwest 1 "f1.•"-- one-quarter of Section 28 and the Northwest one-quarter 2 v., of Section 33, all in Township 2 North, Range 68 West £ �r *1'00 ,4+ 4 of the 6th P.M. , Weld County, Colorado; LESS a parcel a p , +'' "% t4S'�l Y of land located in Section 28, Township 2 North, Ra.lge"hi '.! F�:•• ,.t a,; 50-.4,, , 68 West of the 6th P.M. and more particularly described >e �.o,Vwtt..o .+. as follows: COPLMENCING at the Southwest corner of "' .'w Section 28, Township 2 North, Range 68 West of the 6th s w}"E sF. P.M. , thence North 0°04'East along the West line of Section 28 a distance of 1332.8 feet; thence South , �; a '+x 89°53' East 30.0 feet to the true point of beginning, 't , being a point on the East line of county road right-of- .-4->g“. jae4� . way; thence South 89°53'East, 1285.0 feet along an old, a ''‘W £ well established fence line; thence South 0°04' West 339.0 feet; thence North 89°53' West 1285.0 feet to the ., ' - East line of the county road right-of-way; thence North ! { n • 0°04' East 339.0 feet along said right-of-way line to S ptiI<" 2 t'' the true point of beginning; s+l"°'r, SA' � ' y, BUT TOGETHER WITH an undivided one-half of the interest ` ''}` of Ernestine B. Grigsby in and to all ditch, well and .. 4':. ti water rights appertaining thereto, including 38 shares of the capital stock of the Erie Coal Creek Ditch and °;`14,+-rs,(q :� Reservoir Company; 25 shares of the capital stock of ..'� 4�, •:c; °!, the Leyner-Cottonwood Consolidated Ditch Co. ; 10 shares 4�,. ,8" of the common capital stock of The Consolidated Lower + •1 , ve Boulder Reservoir and Ditch Company; 5 shares of the w ie ,�" capital stock of The Base Line Land and Reservoir wzp, p+, ' ` Company; one-fourth share of the capital stock of the ..n.. a n `� ' Boulder and Weld Count. Ditch Company, and 15 acre foot i-+gc Y P Y, "4,vg d a units of water as allotted to said premises by the ) � °'' Northern Colorado. Water Conservancy District formerly „, at ,, held in the sole. name of Ernestine B. Grigsby; i • f , tfrn -P 41k2441.4:1 ' I Y r +1F4 .d r 3 cp •'. �Y x . a f,„ y. t ,�s o i ""r�aq? .. 'k o-r ;,r #f ' B 1 ; 15 REC 02056307 36/06/86 34:13 86.00 2/002 :,, ' •' ' 1079 MARY ANN FAUEHSTEIN CLERK 6 RECORDER WELD CO, CO � ,g y Y ti 2g ( TOGETHER WITH all its appurtenances, subject to a right of way as kW; 6f ,i'-I +•a„ granted by instrument recorded in Book 902, Page 325, Weld County y w#z, records; easement as granted by instrument recorded in Book 1451, +gyp, ,',, ,fi.. ' ` ` Page 213, Weld County records; reservations contained in patent ; recorded in Book 153, Page 40, and in deed recorded in Book 77, * " 4 . '4,04IA Page 356, Weld County records; reservation to Union Pacific ,,.1 yr Railroad of coal rights pertaining to the northwest one-quarter '' Iiy XO4 Section 33, Township 2 North, Range 68 West of the 6th P.M. ; 4.4t '5tt1",e ,. of taxes assessed for calendar years of 1985 and 1986; other /4 1'"t k fir, easements and rights-of-way for telephone lines, roads, ditches, 4 40+ ,' and utilities shown of record; and subject to oil and gas lease err T4 , - 1, ri'".; to Amoco Production Company. tt , r • 4 EXECUTED this 3, - day of XII , 1986. u /y 4 star+r.1 EEL L'44444-41 , , Jane G. Sencenbaugh, as of Personal Representative of the •} s Estate of Ernestine B. Grigsby, "° v*,.j.+r Deceased. 4 y. ,} r • Q..** STATE OF COLORADO ) $b4"4 Y& Fp �t, ) ss. 44,,^Ig COUNTY OF EL PASO - t t '40. i to,3 ,.-,,4 A }y.. The foregoing instrument was acknowledged before me this .%tom- ' x ;;� ,�,� ' y, day of t1L,t+ 1986, by Jane G. Sencenbaugh, as 4{.,t ;,{ yy`` N rki 1. �,t Personal Representat SLe oP. the Estate of Ernestine B. Grigsby, ,'tk4s , ' Deceased. }',n '.5 y�'a { � "'`+ �yi %1. mess my hand and official seal. r ti F#- = ,b.='• commission expires: n c r, xt , aoc . t �Y� ij .-w .: ' pt \S'F2o ` Notary p Public�� Q etrtit g . �/r�� 41� q ,frog) D n S „, -H� iP'- S ? 1 v.,1: „*,,,,Ni y Y•. Wes. .., 3 r,4 ,t 9..,4-0t? zz,-4,yL y, Tz �, ».ar, {, yx sW a 4 Fitt , is •.M t 1,14,X,et et 'mot . .4 4 - - ' 41' is r.: v :, E . w ti eke. 2 tt 4.0}14 4.4444;144k . .x _ I, n t , . 74 .•x :xi.,...bli 3Lr9 e "w �t�r4.f'°He. 4($*icy, Af'.c L's017y fl 1119 REC 02060171 07/09/86 13:06 $o•00 1/002 eA:(4, :Rr ' { ... ` .: ; i- F 0`82 MARY ANN FfiUERSTYIN CLERK 6 RECORDfiR WELD CO, CO '44 44*44'+�",.. ax CORRECTIVE DEED OF DISTRIBUTION riU D A.;: tt BY PERSONAL REPRESENTATIVE N,. t)•A roc.$ • � ., r A ;; (TESTATE ESTATE) i A; 1° THIS DEED is made by JANE G. SENCENBAUGH, as Personal '#4; s„� k°�; h �° n Representative of the Estate of ERNESTINE B. GRIGSBY, deceased, 4^l r� h + 7413 Tudor Road, Colorado Springs, Colorado, Grantor, to ROBERT ; i o+ J. GRIGSBY, whose address is 500 Coffman Street, Longmont, Colorado, Grantee; %44744 ' '°. Y a C 4 "* u �k � WHEREAS, the above-named decedent in her lifetime made and E. . ' " q _ executed her Last Will and Testament dated January 4th, 1984, R} � „+1 , Sax ` ` F which Will was duly admitted to informal probate on February g„ < x, 13th, 1985, by the District Court in and for the County ofr, :P °i ^ 4 Boulder and State of Colorado, Probate No. 85 PR 056; 0'.41 . I JC.' 11.I u WHEREAS, Grantor was duly appointed Personal Representative aas F 44' of said Estate on February 13th, 1985, and is now qualified and y acting in said capacity; and + 41 '( ' WHEREAS, the Grantee is entitled to distribution o£ the , 6` - . '4 ^ property hereinafter described, and Grantor is authorized to '++ distribute the same to Grantee; L;':"4 1 "� „ WHEREAS, a deed recorded on Book 1108, Reception No. 2048602 ?t iio �i�tg ., of the Weld County, Colorado records may have certain technical A ` P .41; -' errors; M s• i NOW, THEREFORE, pursuant to the powers conferred upon• * - Grantor by said Last Will and Testament and by the Colorado `",T'�f s' t Probate Code, Grantor does hereby convey, assign, transfer, ! k ,' ' . ' ` 4t, release and set over unto Grantee the following described real 6 t t 1, property situate in the County of Weld, State of Colorado, a+ � 'gym ' - to-wit: A.-a ,+,, #, P-' 0N An undivided one-half of the interest of Ernestine B. 014444-4t41.e37 { Grigsby in and to the South one-half of the Southwest a T ti °`"} one-quarter of Section 28 and the Northwest one-quarter rr4 I4N4, of Section 33, all in Township 2 North, Range 68 West 4"n4 -11 ; ij°Au` 'ola, of the 6th P.M. , Weld County, Colorado; LESS a parcel a; of land located in Section 28, Township 2 North, Range 4 „ - 68 West of the 6th P.M. and more particularly described �� io as follows: COMMENCING at the Southwest corner of , C mil Section 28, Township 2 North, Range 68 West of the 6th - P.M. , thence North 0°04'East along the West line of i4 �+ry5'*° Section 28 a distance of -:332.8 feet; thence South , re ' � '� Iq 89°53' East 30.0 feet to the true point of beginning, `3r a� being a point on the East line of county road right-of- it?.n. Y `' ,; P way; thence South 89°53'East, 1285.0 feet along an old, �"t" �+ "(i?? . well established fence line; thence South 0°04' West %3''r;u f" `"-3' 1 . 339.0 feet; thence North 89°53' West 1285.0 feet to the 4x600- '�` ` °: f. East line of the county road right-of-way; thence North a v rfi a 0°04' East 339.0 feet along said right-of-way line to ,t.4' , 40?ks4 i. the true point of beginning; 4 4,44 •;" - BUT TOGETHER WITH an undivided one-half of the interest : g. of Ernestine B. Crigsby in and to all ditch, well and water rights appertaining thereto, including 38 shares -''i of the capital stock of the Erie Coal Creek Ditch and s,:Ar ' 3ut Reservoir Company; 25 shares of the capital stock of & waky;,fr - the Leyner-Cottonwood Consolidated Ditch Co. ; 10 shares m+ of the common capital stock of The Consolidated Lower °F, ' ac*" Nf r Boulder Reservoir and Ditch Company; 5 shares of the `r *, t'`tcv y f capital stock of The Base Line Land and Reservoir r" ^ y� Company; one-fourth share of the capital stock of the qI' '� - y, � k� Boulder and Weld County Ditch Company, and 15 acre foot ¢� ` ! units of water as allotted to said premises by the t• =. Northern Colorado Water Conservancy District formerly held in the sole name of Ernestine B. Grigsby; lit' ' .. ' P. r .w• rl x i mi.t w_yi B 0119 AEC 02060171 07/09/86 13:06 $6.00 C,2/ CoC yp F 0583 VARY ANN FEUEk5TEIN CLIFF & RECORDER WELD CO, CO . 2 t YR • M1 yl TOGETHER WITH all its appurtenances, subject to a right o T„rG tq,•: g np P way as c `;a i.₹r ° granted by instrument recorded in Book 902, Page 325, Weld County , 'y , 6t> 6 , records; easement as granted by instrument recorded in Book 1451, ha, Dx Page 213, Weld County records; reservations contained in patent » 5 g M1' recorded in Book 153, Page 40, and in deed recorded in Book 77, 1 4 .t Page 356, weld County records; reservation to Union Pacific a� Railroad of coal rights pertaining to the northwest one-quarter C`! x s 0:! trf Ar of Section 33, Township 2 North, Range 68 West of the 6th P.M. ; 4444- r taxes assessed for calendar years of 1985 and 1986; other ,4 3 1! �f.. ' easements and rights-of-way for telephone lines, roads, ditches, Nt + 4c § '1 and utilities shown of record; and subject to oil and gas lease rX e ( . k to Amoco Production Company. a ',- �.. Fr ,,,,,,iii, f 4P 1gr EXECUTED this .i f,, day of W..1.,� , 1986. 2` U f a.1,'al ea, i i �, Ill Jane G. Sencenbaugh, as 'k Personal Representative of the tit r Estate of Ernestine B. Grigsby, 1l'',;:' �,,, Deceased. t 1 u.`p ;.q 1t. -;. STATE OF COLORADO ) ss. �a ' r 'q COUNTY OF EL PASO ) ae t^ + [ The foregoing instrument was acknowledged before me this a04,-.,,, r. 3 i day of , 1986, by Jane G. Sencenbaugh, as l' 1 t4 ta r personal Representi a of the Estate of Ernestine B. Grigsby, • }1J�" Deceased. i+p� r lilt, 4 2M • IN,• l+ ; y ;'�',fJ itliess my hand and official seal. } if H ! ,,, My commission expires: ////�''��jj o /y'(^"/\ I//' ' >r `9 anYM i al. & � 1 Notary Public a'1 r + t yt 1,4 t' rP'7_ k F � 'I: y{ r t rI ,, k� l _ • k ron'' I ;AI `are a eve i M1 +,,4; .r: V 1 op 1 IL � y •I ✓�c - 1 tit ft 4M i •. jJl k 1k1.JJ `I -1;14,4 Yr 41'N a�' R$ ,;:r 2 ; l 4 ! R., Recorded* clock_M., _ ".— ;a•.I'J • -: i /0;/04 04:421' PG 1 OF 1 IHif' DO(' ARe."399b :,: ,';' Non [roe.:•to i n We Id Co.. Clerk & Recorder 15.00 ._ WARRANTY DEED THIS DEED,Made this day of .1994 , betneerl Josephine Block Miles aka Josephine H. Mil s, Jane G. Sencenbaugh and Robert J. Grigsby of the • Couat@ of .Slate of Colorado.grantot0 and Robert J. Grigsby toaekgal@dnnis 620 Ken Mar Court, Longmont, Colored 80501 of the caumy of Boulder ,Stew of Colorado,panwe(s): wthe We Co gnty,).snared inramilkrolion of the stunc implementation of PARTITION ORD R o£ the We aa Co 9 Colorer D'$trict ur o Dold.nhs. December 9, w is and one d.ye the receipt and<uf rcyufw n shenM1Yacknowledge ha Ve gremd,Mrpined.sold and conveyed.and lydne presents do gnMt bargain,sell.convey.and coMRsm.unto the pannNs), his heirs and assigns rower.all the real Ioterty.together with improvements. if any,situate.lying and Wing in the CamlY of Weld .Suit of Colorado. described as follows: See Tract 3 LEGAL DESCRIPTION attached hereto and fully incorporated herein also known by*tea and number n: TOGETHER with all and singular the helediumenn and appurtenances thereto belonging.or in anywise arm luining,and the re'enhm and reversions,remainder end remainders.rents.Woes and profits thereof,and all the estate.right thk.imaecl.claim end demand whatsoever of the gramals),abet in law or equity.of,In and la the above bargained premises,with the hereditamcnis and appm enances TO HAVE AND TO HOLD the said peptises above bargained and described with the appurtenances.man hha'grantees I. his lain amt assigns forever.Andthegnmor(sk fa them seVes,theuIMirsandprmmal epemmaiw..dm covenant.grant hmgab.and ageee to and with the grankgs). his heirs and nips.that at the time of the mutating mid akhv.y ul dress Room..they are w'e't seized of the premises above conveyed.ha V@ good.vac,perfect.absolute and indefeasible estate id inheritance.in law. in he cintple,and ha ye gad right.fall Rowel and**hot le to pant.Ikrrgalll.sell sal CINIW/the same in manner aunt fan of maiocsaid.Wane the same we free and clear from all former arid other grants.bargains,sales,liens.MM.assessments.encumbrances.and mmierims of wlaie eo kind is maen soma. amp easements and restrictions of record, and real estate taxes for the current year. The prawns)shall and will WARRANT AND FOREVER DEPEND the above-bargaimd premise.in do quid real pcaead,k possession date panels).her or his heirs and assigns,spinet all archery perorate persons lawfully via'i - the%link..any muthereof IN WITNESS WHEREOnFF the pan ne4M ha ye executed this deed on the thee ,WI forth above � Ancenbau'g&T //d-^ Josephine Block Miles aka Josephine H. Miles Robe`rt�TG� sly STATE OF COLORADO ss. City and coaayaf Denver Tk:Rimini.;iMmmem was acknowledged before me this mt.l[/ day of ��-Q .6.4 .19 94 :dY::JdsepSline Block Miles aka Josephine H. Miles. i4e onjissIDn e%pirea / Witness my hand and official:eel. irk\ kotekdx.StAla2f •If In Denver,insert'Cloy ad'. No.952.Rev.}-g5. W1RRANTV DOD low Mawasak Rre.rm OA RradheA MNi,aiar.1213Want Si..Deaver.fie*0202--ISO),2'e.•S 1. I:Ja E O N P 3 n a w o }' m by 7 a -. N e n r c , ^ n o 1 A _. 1 '}PY • 7 ei 4 g u S qgi •C p u �� a _ ta C I _4I i99G 3-i4r,o P-210 11/03/94 04:421' PC, _' OF 3 i STATE OF COLORADO 1 ) ss. COUNTY OF E1Pe 1 The following instrument was acknowledged before me this 30 day of , 1994, by Jane G. Sencenbaugh. My Commission Expires: Qv Can-hxh,.r;'--. . •'q n7 I Witness my hand and official seal. -. -L, ,2h >-k=(tsar i Notary Public STATE OF COLORADO ) ss. COUNTY OF / 17(i/eCt,) yk The oll w}}ng instrument was acknowledged before me this day of A C ftl1t.r� , 199.1 , by Robert J. Grigsby. My Commission Expires: `l/c}7/0• j: Witness my hand anda/ndd/ official seal. Notary Public TRACT 3 LEGAL DESCRIPTION A TRACT OF LAND SITUATED IN THE NORTHWEST QUARTER OF SECTION 33, TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN, WELD COUNTY, COLORADO, BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE WEST ONE-QUARTER CORNER OF SECTION 33; THENCE ALONG THE WEST LINE OF THE NORTHWEST QUARTER OF SECTION 33, NORTH 00°02'29" WEST 1,989.81 FEET TO A POINT WHENCE THE NORTHWEST CORNER OF SECTION 33 BEARS NORTH 00°02'29" WEST 650.29 FEET; THENCE ALONG THE CENTERLINE OF AN EXISTING ROAD THE FOLLOWING COURSES: THENCE SOUTH 84°45'34" EAST 96.29 FEET; THENCE NORTH 83°08'15" EAST 51.27 FEET; THENCE NORTH 62°23'09" EAST 91.61 FEET; THENCE NORTH 71°06'32" EAST 54.00 FEET; THENCE NORTH 87°37'07" EAST 61.18 FEET; THENCE SOUTH 83°24'03" EAST 197.32 FEET; THENCE SOUTH 75°52'35" EAST 166.83 FEET; THENCE SOUTH 65°10'23" EAST 75.56 FEET; THENCE SOUTH 55°44'21" EAST 70.43 FEET; THENCE SOUTH 64°15'46" EAST 49.42 FEET TO A POINT ON THE CENTERLINE OF THE LOWER BOULDER IRRIGATION CANAL; THENCE DEPARTING THE CENTERLINE OF SAID EXISTING ROAD ALONG THE CENTERLINE OF THE LOWER BOULDER IRRIGATION CANAL THE FOLLOWING COURSES: THENCE SOUTH 16°15'57" WEST 59.29 FEET; THENCE SOUTH 24°18'38" EAST 53.35 FEET; THENCE SOUTH 46°13'57" EAST 70.11 FEET; THENCE SOUTH 53°54'44" EAST 435.12 FEET; THENCE SOUTH 20°40'04" EAST 82.10 FEET; THENCE SOUTH 28°59'47" WEST 61.65 FEET; THENCE SOUTH 45°08'16" WEST 119.19 FEET; THENCE SOUTH 52°58'52" WEST 212.57 FEET; THENCE SOUTH 68°00'07" WEST 95.47 FEET; THENCE SOUTH 58°48'15" WEST 62.46 FEET; THENCE SOUTH 36°27'13" WEST 65.90 FEET; THENCE SOUTH 28°09'29" WEST 319.67 FEET; THENCE SOUTH 40°54'12" WEST 63.89 FEET; THENCE SOUTH 57°42'44" WEST 119.91 FEET; THENCE SOUTH 63°10'17" WEST 228.28 FEET; THENCE SOUTH 56°40'12" WEST 140.18 FEET; THENCE SOUTH 63°28'21" WEST 97.34 FEET; THENCE SOUTH 55°06'56" WEST 74.70 FEET; THENCE SOUTH 17°26'11" WEST 75.73 FEET; THENCE SOUTH 04°46'30" EAST 115.82 FEET; THENCE SOUTH 16°49'27" EAST 179.16 FEET TO A POINT ON THE EAST-WEST CENTERLINE OF SECTION 33; THENCE ALONG SAID EAST-WEST CENTERLINE NORTH 89°46'59" WEST 114.78 FEET TO THE POINT OF BEGINNING, CONTAINING 32.773 ACRES MORE OR LESS. 2L:39V3 II-1466 I'-210 I(/03/94 03:431' It 3 OF 3 .luck AR2M157a17 2415747 B-1468 P-47 11/17/94 02:OOP PO I OF 3 REC DOC ___..._.,Weld County CO Clerk & Recorder 15.00 WARRANTY DEED THISDEED,Mademis 18th daynf October .1994 . betwmt Josephine Block Miles aka Josephine H. Miles, Jane G. Sencenbaugh and Robert J. Grigsby of the • County of ,Stale of Colorado.gnntorlsl and Josephine Block Miles aka Josephine B. Miles shaaelegdadbessk 615 South Alton Way, Apartment 4 B, Denver, Colorado 30231 of the City and Comlr of Denver ,State of Colorado.granleec,l: WITNESSISTH,Thai the v.nlofO.for and in canidermion of the sum of implementation of PARTITION ORDR gfq the 9�.Weld(��TkLCCounty, �s�fs)Colorado, District Court of December 29, IXHJARS, tnrreeetpaRRtdfr.Prayaw witRMslrlM1dhyackn.wledged,ha Ve granted.bargained.sold aulconvew.l,and by theseprcvmts do pant. bargain,sell.convey.and confirm.unto the manteeOl.her heirs and assigns timer.all the real property.together with dtnprn enen1e. Harry,situate.lying and being in the Canty of Weld .Stair of Colorado. , describe as follows: See Tract 2 LEGAL DESCRIPTION attached hereto and fully incorporated herein also known by street and number as: TOGETHER with all and singular the hereditam ants and appurtenances thereto belonging.or in anywise appotalnlnet.amt the reanion and reversions.remainder and remainders.tents,isles and profits thereof,and all the estate,right.title.interest.clue.and demand whatsoever el the memoris),either in law or equity,M.in and to the above reunified premises,with the bmeditaments and an'tnitemnmwes. TO HAVE AND TO 11010 the said premises above bargained and described with the apporlenanwcs.unto the erantepab her heirs and assigns forever.And the granola.for them salves,the i&sits and perusal representatives.do c.rvrn:tnL grant,bargain.and l agree marl with the grantectsk her heirs and maigns.that atthe time of thenstating and delb tryol new prvantn• they are "0I seized of the premises shove conveyed.ha ye good. prefeet absolute and indefeasible estate of iniwutaner,in law. in Ice simple,sari ha ve good right,full paver se authority in grannt.halgain.sell and convey the same in manner and form as ahnesaid,and that llie.cause arc free and clear file all former and other grams,bargains.sales.liens.Imes.astattnCnts,encnunha.ees,and resoi.Morn of uhatevet kip'of wont I ear. amp easements and restrictions of record, and real estate taxes for the current year. The grwoMsl shall and will WARRANT AND FOREVER DEFENDthe above.bargaitual premises in the quirt and pearaIk ptosnei.m of the gruteela), her or his heirs and assigns.against all and every prisoner persons lawfullyclatntingtlte whole or any pailOmni IN WITNESS WHEREOF.the mama Is l ha vet executed this deed on the date set firth dant. ane G. Sencenbaugh Josephine Block Miles aka Josephine H Miles Robert J. Grigsby STATE OF COLORADO City and CDg,gyef Denver //� /� Tnegclng lanttumem rem acknowledged beans me this of �te;b (0 2.day of S. 114 "'NJ .19 94 ,bi,Jeseph,ine Block Miles aka Josephine H. Miles. My mina trioeapisu Witness my hand and olfctul -re\ 3�l lof(I7 • If in Denver.insert"City and". No.fgl.Ray.345, W%IRAIITY DEED 6w rrwarage,Rwwd) MaA.ed remiAi,f awl!bare S..Dtma.CO e0152- 13031 297.23010 • IMS I •K .: ii m - i 1 3 _ . Z S ? s 1 a H t. z 4 - z l i' r a R 0 z a 5f z SI la P 3 2 g I e 2 lJ n u �J 1 < e A I a I 3 2415747 B-1468 P-47 11/17/94 02:00P PG 2 OP 3 STATE OF COI.ORAD(' 1 i ss. COUNTY OF EIPaso---I The following instrument was acknowledged before me this 30 day of WOW' , 1994, by Jane G. Sencenhangh. My Commission E\Fires: My Canmlailcn Upon I-29-97_ Flt neca my hand and official seal . .S,.T, 777, .-7ua�.ear r Notary Fu lic STATE OF COLORADO I 1�� I ss, COUNTY OF �.�(,lllfll-:/ I OL The n11.9w�I++i`nSg .lost rument. was acknowledged before me this da} of .k U f _C._...__- , 1994, by Robert. J. Grigsby. 4:. ''ommi8s i on F.cpir', s: ..ice, �0S witness my hand'tLl andd officialofficialseal. • •.. 1 !. _.. _ ( ./ (..Ct{tr_7� Notary Public. 2415747 8-1468 P-47 11/17/94 02:00P PG 3 OF 3 TRACT 2 LEGAL DESCRIPTION A TRACT OF LAND SITUATED IN THE SOUTH ONE-HALF OF THE SOUTHWEST QUARTER OF SECTION 28 AND THE NORTHWEST QUARTER OF SECTION 33 ALL IN TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN, WELD COUNTY, COLORADO, BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTH ONE-QUARTER CORNER OF SECTION 33; THENCE ALONG THE EAST LINE OF THE NORTHWEST QUARTER OF SECTION 33, SOUTH 00°12'23" WEST 720.64 FEET TO A POINT ON THE CENTERLINE OF THE LOWER BOULDER IRRIGATION CANAL, WHENCE THE CENTER ONE-QUARTER CORNER OF SECTION 33 BEARS SOUTH 00°12'23" WEST 1,903.66 FEET; THENCE ALONG THE CENTERLINE OF SAID LOWER BOULDER IRRIGATION CANAL THE FOLLOWING COURSES: THENCE SOUTH 77°53'32" WEST 69.71 FEET; THENCE NORTH 68°19'26" WEST 85.39 FEET; THENCE NORTH 84°00'45" WEST 185.44 FEET; THENCE NORTH 67°20'28" WEST 206.95 FEET; THENCE NORTH 55°20'14" WEST 209.43 FEET; THENCE NORTH 69°54'12" WEST 90.18 FEET; THENCE NORTH 79°29'16" WEST 328.11 FLIT; THENCE SOUTH 84°16'20" WEST 189.07 FEET; THENCE NORTH 80°34'19" WEST 206.16 FEET; THENCE SOUTH 65°16'18" WEST 172.55 FEET; THENCE SOUTH 46°25'26" WEST 41.82 FEET; THENCE SOUTH 30°43'16" WEST 61.50 FEET; THENCE SOUTH 14°26'13" WEST 77.52 FLET; THENCE SOUTH 22°20'20" WEST 89.88 FEET; THENCE DEPARTING THE CENTERLINE OF SAID LOWER BOULDER IRRIGATION CANAL ALONG THE CENTERLINE OF AN EXISTING ROAD; THENCE ALONG THE CENTERLINE OF SAID EXISTING ROAD THE FOLLOWING COURSES: THENCE NORTH 64°15'46" WEST 49.42 FEET; THENCE NORTH 55°44'21" WEST 70.43 FEET; THENCE NORTH 65°10'23" WEST 75.56 FEET; THENCE NORTH 75°52'35" WEST 166.83 FEET; THENCE NORTH 83°24'03" WEST 197.32 FEET; THENCE SOUTH 87°37'07" WEST 61.18 FEET; THENCE SOUTH 71°06'32" WEST 54.00 FEET; THENCE SOUTH 62°23'09" WEST 91.61 FEET; THENCE SOUTH 83°08'15" WEST 51.27 FEET; THENCE NORTH 64°45'34" WEST 48.11 FEET TO A POINT ON THE CENTERLINE OF THE BOULDER AND WELD DITCH; THENCE ALONG THE CENTERLINE OF SAID DITCH THE FOLLOWING COURSES: THENCE NORTH 19°14'52" EAST 14.70 FEET; THENCE NORTH 27°34'00" EAST 144.95 FEET; THENCE NORTH 43°08'28" EAST 107.42 FEET; THENCE NORTH 36°35'38" EAST 202.57 FEET; THENCE NORTH 22°24'41" EAST 137.7) FEET; THENCE NORTH 41°07'45" EAST 195.46 FEET; THENCE NORTH 48°05'05" EAST 151.42 FEET; THENCE NORTH 63°31'24" EAST 141.80 FEET; THENCE NORTH 63°17.17" EAST 382.68 FEET; THENCE NORTH 72°40'04" EAST 197.69 FEET; THENCE NORTH 42°31'02" EAST 131.97 FEET; THENCE NORTH 54°24'51" EAST 43.75 FEET; THENCE NORTH 84°45'13" EAST 43.01 F1I:T; THENCE SOUTH 80°49'55" EAST 159.78 FEET; THENCE SOUTH 68°29'21" EAST 206.40 FEET; THENCE SOUTH 60°39'07" EAST 150.64 FELT; THENCE SOUTH 72°46'08" EAST 54.75 FEET; THENCE NORTH 84°45'58' EAST 41.35 FELT; THENCE NORTH 71"34'19" EAST 150.06 FEET; THENCE SOUTH 87°34'I4" FAST 154.67 FEET; THENCE N(1RT11 83°27'44" EAST 65.38 FEET; THENCE DEPARTING THE CENTERLINE OF THE HOULOLR AND WELD DITCH, NORTH 90°00'00" EAST 218.91 FEET TO A POINT ON THE EAST LINE OF THE SOUTHWEST QUARTER OF SECTION 28, WHENCE THE NORTHEAST CORNER CF THE SOUTH ONE-HALF OF THE SOUTHWEST QUARTER 01 SECTION 28 BEARS NORTH 00°02'26" EAST 958.05 FEET; THENCE SOUTH 00°02'26" WI.SI 389.87FEET TO THE i'OINT 01' BEGINNING, CONTAINING 48.998 ACRES MORI OR IISS. rck AE24115748 2415748 B-1468 P-48 11/17/94 02:02P PG 1 OF 3 REC DOC - — - - • Weld County CO Clerk & Recorder 15.00 WARRANTY DEED THLS DEED,Madelhia 18th day"f October .w94 . between Josephine Block Miles aka Josephine H. Miles, Jane G. Sencenbaugh and Robert J. Grigsby of the County of ,State of Cokxadn.wantons)and Josephine Block Miles aka Josephine H. Miles whaalegaladdeuta 615 South Alton Way, Apartment 4 B, Denver, Colorado 80231 oldie City and conniver Denver ,Stale of Colondo,unionist: WI'INLSSETH,Tharle graehMsk 4lnWin cnnsiderxlnnofthe mm of implementation of PARTITION ORD R oofQQ't�aahe9�Weld [lrT�aCounty, a((tt'Colorado, District Court of December 29, DOI1ARS. galeflltaMrNRKlnnryrn whRMsItgrWaek,aneledged,Corm Ve el anted.bargained.sold adconm)nl,all by thewpresentsdoo gram, bargain,sell,convey.and confirm.unto the granteefs). her heirs and assigns forever,all the real ry•Serly.together with imlwmmenn, if any.shore.lying and being in the Cmmy or Weld ,Slate al Colorado, described as follows: See Tract 4 LEGAL DESCRIPTION attached hereto and fully incorporated herein also known by street and number as: TOGETHER with all and singular the hereditaments and spp.alenancn thereto belonging.or in anywise appertaining.and the rat,aka and .evetslon.reminder and remainders.tents.issues and profits thereof,and all die mate.right.lilk.interest.denim mod'remand whatsoever of the granlMs).either in law or equity.of.Is and to the above bargained prtlnisea,with the heredirnemu slid spina wnntes. TO HAVE AND TO HOLD the said premises above bargained and described with the appurtenances.unto the gramecesk her heirs and assign forever And the grunh.fsl.rte them nerves,the i&ws and penman,represent:ante.do c,nsa:nn.grant halgain.and agree m and with the grantegq, her Ieire and assign,.ohm at the title of theenseding sod klivn y of tirwl weak. they are well seized of the premises above conveyed,ha ye good.sore.peeled.absolute and imlefessihk estate of inlwl ilance.in law, in lee simper.and Mye good right.full prover and within ily u:pant.h..,pi1..sell sac'anmy the Smote in manner spiel Sam as aft hue the s:mcamfree and clew from all Conner and other grans.bargains.sales.liens,taxes.assessments.encmnMances.ad restrictions of whatever kind 01',MOM sleeve,, exceg easements and restrictions of record, and real estate taxes for the current year. The ptntmis)shall and will WARR AN AND HRtCIVER DEFEND the akwe.Mrguined premises in the quiet and penccbkplvvvsion of the panteefn), her or hhbeim and assignt,again all and every persmlr person lawfully cla ' g the whole orany Ninth-to.1. IN WITNESS WHEREOF.the gramwlslho VS esvmrtl this deed on the dale act lm th adrwe 1 y 4 de_ 571Afat - ane G. Sencenbaugh Josephine Block Miles aka JncephineJl,. Miles Robe )Gr • STATE OF COLORADO ,Cit fan } n, • cmnty of Denver -�A�1teey 7t (n fir n g i 1rs M was acknowledged bane me this c Clay or wi�"I)- eL2/ ,19 94 birjo,aephine Block Miles aka Josephine H. Miles. My cmnritsin espies Witness my hand and nllkial teal. rhW 31/ IGq' 'feu ht-_.i4-ti N,xa:.ItM. *If in Denver.inset"City and" No.132.Rev.34IS. WARRANTY Dell)tewrMa:rvpW Rrrnnl 40 /rxMmAAinsmine.17.15 N'w•e L.skates fON0VI2 I Mil$•r`!sso :JO t h I V. 2! - m 1 P 23 H M 0 m 1i II c O ii a N o 0 o y A a II 8 • : ' o el B a o u V g 1 _ ti e C fn Y a 3 Ic 8. V 2415748 8-1468 9-48 11/17/94 02:02P AG 2 OF 3 STATE. or era(,R f„: .-....-------. ..:S.rrn \TY OF 61 64S,0 i ill- fol Inking insl rument. taa' ackneided ge,.l hefore me this — 30 (Hy "I tater , 1991 , hg Jut1.- G. Senc>nh.vtgh. emmi si.,n F.:irac: My Commission Expires 1-29-97 Witness m> !rand nod ofii••tal seal . �_ 1 .._..:.c .-.Ot,v._ y j Public --_ I �olarp Pub] it STATE OF ('nl.('RADO 1 6 ss. Tt 11 t. ny rostrum- nt ya . n L-unt. ledgeeI L.el -,re pip this___iS 2 ,lay r, "f. (trC1J, 1 . 19!tI I Roltt -- - - ...___ J. Grigsby. 4y rnmmi,sinn F..njr, s: • Witness m) hand and offi,'iat seal. • .._ .... \_ tora' r.,Ihlie 2415748 8-1468 P-48 11/17/94 02:02P PO 3 OF 3 TRACT 4 LEGAL DESCRIPTION A TRACT OF LAND SITUATED IN THE NORTHWEST QUARTER OF SECTION 33, TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN, WELD COUNTY, COLORADO, BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST ONE-QUARTER CORNER OF SECTION 33; THENCE ALONG THE EAST-WEST CENTERLINE OF SAID SECTION 33, SOUTH 89°46'59" EAST 114.78 FEET TO A POINT ON THE CENTERLINE OF THE LOWER BOULDER IRRIGATION CANAL AND THE POINT OF BEGINNING; THENCE ALONG SAID CENTERLINE THE FOLLOWING COURSES: THENCE NORTH 16°49'27" WEST 179.16 FEET; THENCE NORTH 04°46'30" WEST 115.82 FEET; THENCE NORTH l7°26'11" EAST 75.73 FEET; THENCE NORTH 55°06'56" EAST 74.70 FEET; THENCE NORTH 63°28'21" EAST 97.34 FEET; THENCE NORTH 56°40'12" EAST 140.18 FEET; THENCE NORTH 63°10'17" EAST 228.28 FEET; THENCE NORTH 57°42'44" EAST 119.91 FEET; THENCE NORTH 40°54'12" EAST 63.89 FEET; THENCE NORTH 28°09'29" EAST 319.67 FEET; THENCE NORTH 36°27'13" EAST 65.90 FEET; THENCE NORTH 58°48'15" EAST 62.46 FEET; THENCE NORTH 68°00'07" EAST 95.47 FEET; THENCE NORTH 52°58'52" EAST 212.57 FEET; THENCE NORTH 45°08'16" EAST 119.19 FEET; THENCE NORTH 28°59'47" EAST 61.65 FEET; THENCE NORTH 20°40'04" WEST 82.10 FEET; THENCE NORTH 53°54'44" WEST 435.12 FEET; THENCE NORTH 46°13'57" WEST 70.11 FEET; THENCE NORTH 24°18'38" WEST 53.35 FEET; THENCE NORTH 16°15'57" EAST 59.29 FEET; THENCE NORTH 22°20'20" EAST 89.88 FEET; THENCE NORTH 14°26'13" EAST 77.52 FEET; THENCE NORTH 30°43'16" EAST 61.50 FEET; THENCE NORTH 46°25'26" EAST 41.82 FEET; THENCE NORTH 65°16'18" EAST 172.55 FEET; THENCE SOUTH 80°34'19" EAST 206.16 FEET; THENCE NORTH 84°16'20" EAST 189.07 FEET; THENCE SOUTH 79°29'16" EAST 328.11 FEET; THENCE SOUTH 69°54'12" EAST 90.18 FEET; THENCE SOUTH 55°20'14" EAST 209.43 FEET; THENCE SOUTH 67°20'28" EAST 206.95 FEET; THENCE SOUTH 84°00'45" EAST 185.44 FEET; THENCE SOUTH 88°19'26" EAST 85.39 FEET; THENCE NORTH 77°53'32" EAST 69.71 FEET TO A POINT ON THE EAST LINE OF THE NORTHWEST QUARTER OF SECTION 33, WHENCE THE NORTH ONE-QUARTER CORNER OF SAID SECTION 33 BEARS NORTH 00°12'23" EAST 720.64 rEET; THENCE SOUTH 00°12'23" WEST 1,903.66 FEET TO THE CENTER ONE-QUARTER CORNER OF SECTION 33; THENCE ALONG THE EAST-WEST CENTERLINE OF SECTION 33, NORTH 89°46'59" WEST 2,518.13 FEET TO THE POINT OF BEGINNING, CONTAINING 91.463 ACRES MORE OR LESS. 1 Jock_M. do.—2418225 B-1470 P-715 12/07/94 02:47P PO 1 OF 4 REC D0C n2.O.6225 —__Weld County CO Clerk & Recorder 20.00 WARRANTY DEED THIS DEED,Mak this day a .i9 94 . kraeeal Josephine Block Miles aka Josephine H. Miles, Jane G. Sencenbaugh and Robert J. Grigsby of the • County of .State of Colorado.gnntods)and Jane G. Sencenbaugh whosekgdddees13 7413 Tudor Road, Colorado Springs, Colorado 80919 of the Cunmy N El Paso .Suite of Cuhmnks.graneelsg WITNESSETN.That the gnalorls),for and in consideration of the mm of implementation of PARTITION ORDER oofoo�t�ah�e��Weld ij11CCounty,1(�Colorado, District Court of December 29, M)l1ARS. II I efefp a Aredllte9ArflwFRglsTaebJ Igo' Ve gran bargained. I a VssMa A.Ira ad,has vl sr adcnlauvl.:nn,by slevinrMnts Jos yam. bugain,sell.convey.and confirm.unto the granxc/s). her heirs and assigns forever,all the teal properly.Ingether with impnnelants. if ny.situate.lying and being in the County of Weld .State of Cofaads. described a follows: See Tract 1 LEGAL DESCRIPTION attached hereto and fully incorporated herein also kawa by Greet and number a: TOGETHER with all and singular the hereditarent and appurtenances thereto belonging.or in anywise appertaining.and she reversion and remains.remainder and remainders.rents.issues and ninths(hereof.and all the mime.right.tick.inheres.chin,old demand whntslevel of she vaaorfal.either in law or equity.of.in and In the shrove bargained premises,with the heRllila erne and i n orn:owes. TO HAVE AND TO HOLD she said premises above bargained and described with she appurtenances.units,hr gunmcelsl. her heirs and assigns forever.And thepantorlax for them selves,thei'Geirs and personal repesrnheises.do covenant.grin,.poi gain.a) agreelo and wilh the gralnees) her heirs and amigos.shag at time of the coaling and dclivoy nrdlcM peMIa.. they are hell seized of she pianists above conveyed.ha ye gored.one.perfect.absolute earl indefeasible oven al Oilier thence.in law. in tee simpk.and ha ye good right.Ml plow and anborky In granl.ha•gain.sell and convey she sane in manner and form as aimeNaid.and plume sane are free sad clear from all formes and other pints.bargains.sales.liens sues.asseswnems.cncmnhrmsces.and restrkbnnsot whaler kinl in name'icier. excl easements and restrictions of record, and real estate taxes for the current year. The prantsnlsl shall and will WARRANT AND IOREYER DEFENDthe abwcbsrpailled premises in the quiet and re:a'eahk possession ofshc pedals), her or his heirs and assigm.against all and eery person capeatnslawfully claiming she wholelx.any mustier&. IN WITNESS WHEREOF.the grantor Is)ha ye caesoncd this deed on the ate set fill.nave._ �� qq /),_ 124- 'fir `C 1 j d,tL J aie-t l ,„L., 7J .-�Jane G. Sencenbaugh Josephine Block Miles aka Jnce�phhiine H Miles; Robert J. -Gri by STATE OF COLORADO a City and Coady nr Denver f� �.l � T' ;Y ••••l pliupuwasacknowledgedbeforeneids a1O 44, day of ttW\b�/— .10 94 .bx46 �d•Block Miles aka Josephine H. Miles. IMr �b(es Weness my hand and nlkk ll real. / {�.g-- l'r, x,mawn ��i - •If in Denser.insert"City and`. No.932.Rev.123. W.RMMY DUD Igo ph.Ipwaphir Award, (ii!' &nlhnd r,wlrM.g.IN)Wan,Si..Dean,.CO 50202- rmb29,. Vn ,.ult . ...... ... ._. I S� T 2S — g 4 a . CA 41 a p1 2:,3 i t�i 2 .°t n V- o or ry o s u � g 8 w� i w .�. 3 Dt ��y�t e u ; O ..V 6 r�r� c lyJ p n q 2 w $ E 3 a d a l 2, 2. 2418225 8-1470 P-715 12/07/94 02:47P PG 2 OF 4 STATE. OF COLORADO i 1 $G. ._....._- COUNT}- OF ElP4so 1 The 'olfowing instrument was acknowledged before me this 30 . day of _, 1994 , b} .lane G. Seneenhaueh. My Commission Expirrs: iiii-666farit;31-iM-ta . 1T% . ,,. Wilna.s my hand and official seat . 'l • .31. , 1.?, , Nitary rublic STATE OF COLORADO 1 ) ss. COUNTS OF 10 1/Leh _) The Y 1`c.wlyg i;isi umen ___Las nekno,) dzed before me this _ do + , 199J by Rot 11: 1. Grigsby. My !'ommni ssion E>:p i.res: Ft 7 /'1 K --_ _ ' tunes my hand and official seal . \n I a r. Pub! t LONG&JAUDON,P.C. ATTORNEYS AT LAW TE BAILEY MANSION , 1H600 OGDEN STREET DENVER.COLORADO 802/84414 2418225 8-1470 P-715 12/07/94 02:47P PG 3 OF 4 TRACT 1 LEGAL DESCRIPTION A TRACT OF LAND SITUATED IN THE SOUTH ONE-HALF OF THE SOUTHWEST QUARTER OF SECTION 28 AND THE NORTHWEST OUARTER OF SECTION 33 All IN TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN. WELD COUNTY, COLORADO, BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SECTION 28: THENCE ALONG THE WEST LINE of THE SOUTHWEST QUARTER OF SECTION 28. NORTH 00'00.04' WEST 1.346.44 FEET TO THE NORTHWEST CORNER OF THE SOUTH ONE-HALF OF THE SOUTHWEST QUARTER OF SECTION 28; THENCE SOUTH 8728'25' EAST 2,645.34 FEET TO THE NORTHEAST CORNER OF THE SUK OF OUTH ONE-HALF OF NE SOUTHWEST QUARTER OF SECTION 28: THENCE ALONG THE EAST D002'26TMWESE ST«958.TH 05 FEET WF HENCEETHE SOUTHT OUARTER OF ONE-QUARTER CORNER E 28. SOUTH OF SECTION 28 218.91 E FEET0TO AO POINT ONWTEHSE ��RLINE�OTMTHE BOULDER ENCE SOUTH AND WELD DI WEST CH: THENCE ALONG SAID CENTERLINE THE FOLLOWING COURSES:'44- WEST 65 FEET THEENNCCE SOUTH 71'314'19' WEST 150.06TFEETETHEENNCCEE SOUTH 84.45551 W4�ST 41.35 FEET; THENCE NORTH 7746'08' WEST 54.75 FEE; THENCE NORTH 6O39'0r 8049.5T 5 WEST FEET; THENCE SOUTH WEST 266.40 WEST 43.01 FEET; THENCE SOUTH 5(24'51' WEST 43.75 FEET THENCE SOUTH 42'31'02' WEST 131.97 FEET; THENCE SOUTH 7740'04 WEST 197.69 FEET; THENCE SOUTH 6317'1? WEST 4305805 WESTH15CE 1. 2 FEET; THENCE•SOOUUTTHH 41'07'45'41 WEST 1195 6 FEET; L THENCE SOUTH 2724'41' WEST 137.71 FEET: THENCE SOUTH 36'35'38` WEST 202.57 FEET; THENCE SOUTH 43'08'28' WEST 107.42 FEET; THENCE SOUTH 27'34'001' WEST 144.95 FEET; THENCE SOUTH 1714'5( WEST 14.70 FEE; THENCE DEPARTING THE CENTERUNE OF SAID BOULDER AND WELD DITCH ALONG THE CENTERLINE • OF AN EXISTING ROAD, NORTH 84'45'34 WEST 4818 FEET TO A POINT ON THE WEST UNE OF THE NORTHWEST QUARTER OF SECTION 33; THENCE NORTH 00'02'29 WEST 650.29 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM A PARCEL OF LAND DESCRIBED 143172 OF WELD COUNTY RECD DS.SBEING DESCa BED ASAUGUT 17, 1964 IN OOK FOLLOWWS521 ASREC£PTpN NUMBER COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 28; THENCE ALONG THE WEST • LIN8757 O OF SECTION EAST 30.00 NORTH HTO A ANT ON WEST 1.332.80 EAST RIGHT-THENCE LINE OF WELD COUNTY ROAD NO. 5 AND THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 89'57'04' EAST 1,285.00 FEE, THENCE SOUTH 0000'04 EAST 339.00 FEE: THENCE NORTH 89'57'04' E 2 00 FEET TO A POINT ON WAY UNE OF WELD COUNTY ROAD NO. 5; THENCE ALONG SAID EAST D RIGHT EAST RIGHT- WAY LINE NORTH 0O00'0 WEST 339.00 FEET TO THE TRUE POINT OF BEGINNING. THE NET AREA OF THE ABOVE DESCRIBED TRACT OF LAND IS 10.00 ACRES MORE OR LESS. • THE NET AREA OF TRACT 1 IS 58.002 ACRES, MORE OR LESS. INI IALS: INITIALS: Robert J. Grigsby Jane C. Sencenbaugh Josephine Block Miles aka Josephine H. Miles. 7 • 2418225 B-1470 P-715 12/07/94 02:47P PG 4 OF 4 TRACT 1 LEGAL DESCRIPTION A TRACT OF LAND SITUATED IN THE SOUTH ONE-HALF OF THE SOUTHWEST QUARTER OF SECTION 28 AND THE NORTHWEST OUARTER OF SECTION 33 ALL IN TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN, WELD COUNTY. COLORADO. BEING DESCRIBED AS FOLLOWS. BEGINNING AT THE SOUTHWEST CORNER OF SECTION 28: THENCE ALONG THE WEST LINE OF THE SOUTHWEST QUARTER OF SECTION 28. NORTH 00'00'04' WEST 1.346.44 FEET TO THE NORTHWEST CORNER OF THE SOUTH ONE-HALF OF THE SOUTHWEST OUARTER OF SECTION 28: THENCE SOUTH 8728'25' EAST 2.645.34 FEET TO THE NORTHEAST CORNER OF THE SOUTH ONE-HALF OF THE SOUTHWEST QUARTER Of SECTION 28: THENCE ALONG THE EAST LINE OF 00'02 6T WEST0958 05 TH FEET, WLF HENCE THE T E SOUTHTONE-QQUAR E CORNER R OF E 28, SECTION �O 28 BEARS SOUTH 00'02'26' WEST 389.87 FEET. THENCE SOUTH 90'00.00' WEST 218.91 FEET TO A POINT ON THE CENTERLINE OF THE BOULDER AND WELD DITCH; THENCE ALONG SAID CENTERLINE THE FOLLOWING COURSES: THENCE SOUTH 63"27'44• WEST 65 38 FEET; THENCE NORTH 8734.14" WEST 154.67 FEET; THENCE SOUTH 71'34.19" WEST 150.06 FEET: THENCE SOUTH 84'45'58' WEST 41.35 FEET; THENCE NORTH 7746'08" WEST 54 75 FEET; THENCE NORTH 6O39'0r WE• 8049'5T 5"150.64 FEET:59..7H8 THENCE THENCE SOUTH 84.45.13-T WEST43.01 FEET;NORTH �E SOUTH 54'24'51" WEST 43.75 FEET, THENCE SOUTH 4731'02" WEST 131.97 FEET; THENCE SOUTH 7740'04' WEST 197.69 FEET; THENCE SOUTH 63117'1r WEST 382.68 FEET; THENCE SOUTH 63'31'24' WEST 141 80 FEET; THENCE SOUTH 48'05'05' WEST 151,42 FEET; THENCE SOUTH 41'07'45' WEST 195.46 FEET; THENCE SOUTH 2724'41' WEST 137.71 FEET; THENCE SOUTH 36'35'38" WEST 202.57 FEET; THENCE SOUTH 4508'28" WEST 107.42 FEET; THENCE SOUTH 27DEPARTING WEST CENTERLINE OF OFTHSVD BOULDER 19'14.52" N D WELD DITCH ALONG THE THENCE OF AN EXISTING ROAD. NORTH 84'45'34' WEST 48 18 FEET TO A POINT ON THE WEST 650.29FFEET TO THE POINT OF T TER BEGIN ING. EXCEPTINCTION 33; GTETHEEREFROM AOPARCEL OF LAND DESCRIBED BY DEED RECORDED AUGUST 17, 1964 IN BOOK 521 AS RECEPTION NUMBER 1443172 OF WELD COUNTY RECORDS, BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 28; THENCE ALONG THE WEST LINE OF SECTION 28. NORTH 0000.04" WEST 1.33280 FEET; THENCE SOUTH COUNTY ROATIN5ANDETE TRU TO A E NT ON THE EAST POINTOFT BEGINNINNGHTHENCE CONTINUI—OF—WAY LINE NG WELD 89'57'04` EAST 89'57Oa" WEST 285.00 FEET; 1.28500 E SOUTH E ��POINT 014 SAID4" EAST EAST RIGHT-Of- WAY LINE Of WELD COUNTY ROAD NO. 5; THENCE ALONG SAID EAST RIGHT-OF-WAY LINE NORTH 00'00'04' WEST 339.00 FEET TO THE TRUE POINT OF BEGINNING. THE NET AREA or THE ABOVE DESCRIBED TRACT OF LAND IS 58.002 ACRES MORE OR LESS. 2509803 8-1565 P-540 09/05/96 05:15P PG 1 OF 1 RRC DOC Weld County CO JA Suki Tsukamoto Clerk & Recorder 6.00 21133 DEED OF DISTRIBUTION BY PERSONAL REPRESENTATIVE THIS DEED is made by J. Robert Welch as Personal Representative of the Estate of Josephine H.Miles,A/K/A Josephine B.Miles, deceased, Grantor,to Robert N. Sencenbaugh, Grantee, whose address is 3811 Royal Dr., Fort Collins, Colorado 80626. WHEREAS,the above named decedent in her lifetime made and executed her Last Will and Testament dated February 15, 1994 and a First Codicil thereto dated February 19, 1996, which Will and First Codicil were duly admitted to informal probate on June 24 ,1996 by the Probate Court in and for the City and County of Denver and State Colorado,Probate No.96 PR 1088; WHEREAS, Grantor was duly appointed Personal Representative of said Estate on July 3, 1996 and is now qualified and acting in said capacity;and WHEREAS,the Grantee is determined to be the person entitled to distribution of the hereinafter described real property and Grantor is authorized and directed to distribute the same to Grantee. NOW,THEREFORE,pursuant to the powers conferred upon Grantor by Title 15, Article 12, Sections 711 and 907, Colorado Revised Statutes, Grantor sells, conveys, assigns, transfers and releases to Grantee the following real property in Weld County,Colorado: An undivided one-half(1/2) interest in the oil,gas and other minerals in and under the following described lands: South 1/2 of the SW 1/4 of Sec. 28 and the NW 1/4 of Sec. 33 all in T 2 N, R 68 W of the 6th P.M.; Weld County, Colorado; LESS a parcel of land located in S 28,T 2 N,R 68 W of the 6th P.M.and more particularly described as follows: COMMENCING at the SW corner of S 28, T 2 N, R 68 W of the 6th P.M.;thence N 0 degrees 04'E along the West line of Sec.28 a distance of 1332.8 feet;thence South 89 degrees 53' 30.0 feet to the true point of beginning,being a point on the E line of county road right of way;thence South 89 degrees 53'East, 1285.0 feet along an old, well established fence line; thence South 0 degrees 04' W 339.0 feet; thence North 89 degrees 53'West 1285.0 feet to the E line of the county road right of way; thence North 0 degrees 04' E 330.0 feet along said right of way line to the true point of beginning, together with all appurtenances,subject to taxes for 1996 and subsequent years and without covenants of warranty,express or implied. Executed September 3, , 1996. R-�" S1SC%stQieSL=�� as Perso resentati e o t e Estate of p H. 'les,A/K/A Josephine B.Miles, Deceased STATE OF COLORADO ) SS. CITY AND COUNTY OF DENVER ) T'ae fo q+pg•izctirument was acknowledged before me this ?Jrzt day of "I J. Robert Welch as Personal Representative of the Estes :(1J . .A/K/A Josephine B.Miles,Deceased. 43/ ti Witt m 'o «al seal. !` `u,, ,, n', t Ja�Jn „ /j �� _ -aa LI0 r ; A-lM �"14 �+C�4�-E%L My Commiw$ .�p,I Notary Public kk Q. r+ b(/o 2529660 B-1587 P-468 01/17/1997 10:51A PG 1 OF 2 REC DOC Weld County CO JA Suki Tsuka.oto Clerk b Recorder 11.00 DEED OF DISTRIBUTION BY PERSONAL REPRESENTATIVE (TESTATE ESTATE) THIS DEED is made by J. ROBERT WELCH, as Personal Representative of the Estate of Josephine H.Miles,AKA Josephine B. Miles, Deceased, Grantor,to the Josephine H.Miles Testamentary Trust,Grantee,whose address is 1515 East Ninth Avenue-No.211,Denver,CO 80218. WHEREAS,the above-named Decedent in her lifetime made and executed her Last Will and Testament dated February 15, 1994 (the"Will") and a Codicil thereto dated February 19, 1996 (the"Codicil"). The Will and Codicil were duly admitted to informal probate on June 24, 1996 by the Probate Court in and for the City and County of Denver and State of Colorado,Probate No.96PR1088;and WHEREAS, Grantor was duly appointed Personal Representative of said Estate on July 3,1996 and is now qualified and acting in said capacity;and WHEREAS,the Grantee is determined to be the party entitled to distribution of the hereinafter described real property and Grantor is authorized and directed to distribute the same to Grantee. NOW, THEREFORE, pursuant to the powers conferred upon Grantor by Section 15-12-711 and Section 15-12-907 of Colorado Revised Statutes, Grantor sells, conveys, assigns, grants, transfers and releases to Grantee the following real property in Weld County,Colorado: Tract 2 as described in the Land Survey Plat by Rocky Mountain Consultants, Inc. dated February 22, 1994 and recorded November 17, 1994 in Book 1468, Page 46 (Reception No. 2415746), Weld County Records;and Tract 4, as described in the Land Survey Plat by Rocky Mountain Consultants, Inc. dated February 22, 1994 and recorded November 17, 1994 in Book 1468, Page 48 (Reception No. 2415746), Weld County Records;and Together with an easement for utility purposes described as commencing at the southwest corner of said Tract 2 and extending easterly 35 feet north from the center line of the road for the entire south boundary of said Tract 4 to the southwest corner of Tract 4;and Except all oil,gas and other minerals in and under the above described lands. It is Grantor's intent herein to convey all appurtenances on the above described lands to Grantee. Executed this /14 day of January, 1997,effective January 1, 1997. e son presentative o le �`Esa of sephine H.Miles,AKA Josephine B.Miles,Deceased 2529660 8-1587 P-468 01/17/1997 10:51A PG 2 OF 2 STATE OF COLORADO ss. CITY AND COUNTY OF DENVER ) The foregoing instrument was acknowledged before me this /� '— day of January, 1997 by J.ROBERT WELCH,as Personal Representative of the Estate of Josephine H.Miles,AKA Josephine B.Miles,Deceased. WITNESS MY HAND AND OFFICIAL SEAL. • OICI Pk, c rM ag n:� 7� J SACHIKMy Commission Expires: O Mrca.la>�s naa 1 sc hM� 0) 2 Aggp e . Uy�1 gg� pg lA pG 4 Bic mC W3 Geld CowjyiM6 a-383A SukiSieuicawta2Clerl Zr Recorder !f 76.00 f— WARRANTY DEED This DEED, madam September 8, 1997 bnwmayosephine H. Miles Testamentary Trust ohM County of Held and Satz of Colorado puler,aid Elizabeth Peveto wMreleralW4rcmu 434 4th Street Firestone, Colorado 80520 of the County of Weld and Some of Colorado , granaa: WITNFS.NETH,That Ow grantor[wand in consideration of the soma Two hundred sixty thousand dollars and no cents IXH LARS, the eaaipl and suladoiwy of widen is hereby acknowledged, has granted, bargained, sold and conveyed. and by them presents duce grew,bargain,sell,convey and smarm,unto Ile grams,his heirs and assigns forever.all the real property together with impruvemcros,if any, situate,lying awl being is the County of Weld and Slaw of Colorado described as follow': Attached Exhibit A • aalmwnby gad awllmmber as: 6890 weld County Road 5 Firestone, Co 80520 TOGETHER with all and singular she Ieereditan a is and apptmawawa Hatch,bdmging,or in anywise aplwnainng.and the reversion ad reversions,remainder and lenwhdcs,teens,issues and profits;thereof,awl all Ow elate,right.dile,interest.chum awl demand whatsoever of hew grater,either in law or equity,of,is and eu Ow above bargained premises,with hew herwlibonais sod aplanewlantee. TO HAVE AND TO HOLD the said premises above bargained and described,with the appurtenances,unto the grantee,his wire a W asigm forever.And the grater,for himself,Ns hew.and personal reprmatueiru.Jots ewenau,gram,bargain.and agree to and with the grams,Ids heirs and assigns,dial at the Lime of Ow coaling and delivery of thew scums.lie is well wired of the premises lone conveyed,has good.acre, par d.absolute and indefeasible teals orhtherlworc,hi law,in lbe simple.and lies good right,thll power awl hornet authority to gram,bargain, sell end convey the stem in manner and form as of tewid.and that the same are lice and clear nom all bonnet and other grams.bargains.sales, lien,lava,assessments.avaudtaaxs and rearicti'as or whatever kind or nature Meyer,except for general taxes and assessments for the year 1997 and subsequent years; and subject to easements, covenants, reservations, restrictions and rights of way of record or in existence, if any. The grantor shall and will WARRANT AND FOREVER DEFEND the above-bargained prant ea in the quid ad peaceable possession of the grantee,his wits sod assign,ageing all and every person or sown law Wily claiming the whole or any part aheru.i. lime Angular number shall indu lethe plural,the plural the singular,and the ow ofany gender dull be applicable to all psalms. IN WITNESS WHEREOF,the grantor has exaatwl this deed rte the date set funk above. Josephine H. Miles Testamentary Trust • o e e c , rust STATBOFColorado 1 IS. Cwuey of yy�� The foregoing instrument wee acknowledged heron:me this 0B dsY of September =Aii7;$$��"alp .' by Josephine H. Miles Testamentary Trust, by J. Robert Welch Trusteed 20;0'(AR$>. 3 � :a'' a• My umoniann expires /O aZ /00 Witness my end al official aryl. 31 j ' % sC vce I .. . . [Ow No: 34281 ADDRESS:/ Ns.t33A. Nev.744 Warranty IkNIWw Iwanaaabk Itve..tdl 2568803 B-1626 P-385 09/15/1997 09:21A PG 2 OP 2 Exhibit A A tract of land situated in the NW% of Section 33, Township 2 North, Range 68 West of the 6th P.M., Weld County, Colorado, being described as follows: Commencing at the WW corner of Section 33; thence along the East- West centerline of said Section 33, S 89'46'59" E, 114.78 feet to a point on the centerline of the Lower Boulder Irrigation Canal and the point of beginning; thence along said centerline the following courses: Thence N 16'49'27" W, 179.16 feet; thence N 04'46'30" W, 115.82 feet; thence N 17'26'11" E, 75.73 feet; thence N 55'06'56" E, 74.70 feet; thence N 63'28'21" E, 97.34 feet; thence N 56'40'12" E, 140.18 feet; thence N 63'10'17" E, 228.28 feet; thence N 57'42'44" E, 119.91 feet; thence N 40'54'12" E, 63.89 feet; thence N 28'09'29" E, 319.67 feet; thence N 36'27'13" E, 65.90 feet; thence N 58'48'15" E, 62.46 feet; thence N 68'00'07" E, 95.47 feet; thence N 52'58'52" E, 212.57 feet; thence N 45'08'16" E, 119.19 feet; thence N 28'59'47" E, 61.65 feet; thence N 20'40'04" W, 82.10 feet; thence N 53'54'44" W, 435.12 feet; thence N 46'13'57" W, 70.11 feet; thence N 24'18'38" W, 53.35 feet; thence N 16'15'57" E, 59.29 feet; thence N 22'20'20" E, 89.88 feet; thence N 14'26'13" E, 77.52 feet; thence N 30'43'16" E, 61.50 feet; thence N 46'25'26" E, 41.82 feet; thence N 65'16'18" E, 172.55 feet; thence S 80'34'19" E, 206.16 feet; thence N 84'16'20" E, 189.07 feet; thence S 79'29'16" E, 328.11 feet; thence S 69'54'12" E, 90.18 feet; thence S 55'20'14" E, 209.43 feet; thence S 67'20'28" E, 206.95 feet; thence S 84'00'45" E, 185.44 feet; thence S 88'19'26" E, 85.39 feet; thence N 77'53'32" E, 69.71 feet to a point on the East line of the NW% of Section 33, whence the NW corner of said Section 33 bears N 00'12'23" E, 720.64 feet; thence S 00'12'23" W, 1,903.66 feet to the center one-quarter corner of Section 33; thence along the East-West centerline of Section 33, N 89'46'59" W, 2,518.13 feet to the point of beginning. ALSO KNOWN AS; Tract 4, as described in the Land Survey Plat by Rocky Mountain Consultants, Inc. , dated February 22, 1994, and recorded November 17, 1994, in Book 1468, Page 4B (Reception No. 2415746) , Weld County Records. TOGETHER WITH easement rights created by instruments recorded November 17, 1994, in Book 1468, at Reception Nos. 2415749, 2415750 and 2415751. I II1®II�011611)ll I .___ --]---1- n1 II ill IIIMI MI Milli viii III 1111 VIII 399 2819300 R01/12/10$0 ee JR Meld County CO Toukamoto TRUSTEE'S DEED I THIS DEED is made this 8th day of June. 1998, by JOSEPHINE H. MILES 'TESTAMENTARY TRUST, by and through J. ROBERT WELCH it's li sole, duly acting and appointed Trustee, Grantor, whose address is 1515 East 9th Avenue - No. 211, Denver, CO 80218 to MICHAEL A. DAVIS and SHEILA A. DAVIS, Grantees.whose address Ls 8162 East 157th Court, Brighton. Adams County. Colorado 80601. WIINFSSETH that the Grantor, for and in consideration of the sum of other valuable consideration and Ten and No/100ths Dollars. the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed and by these presence does grant, bargain, sell, convey and confirm unto the Grantees, not as tenants in common but as Joint tenants with right of survivorship all of the following described real property, situate, lying and being in the County of Weld, State of Colorado described as follows: See Exhibit A attached hereto and made part hereof. DOCUMENTARY FEE: $24.00 TOGETHER with all and singular the hereditaments and appurtenances thereto belonging and the reversion and reversions, remainder and remainders and all the estate, right, tide, Interest, claim and demand whatsoever of the Grantor, either in law and equ►ty, of. in and to the above bargained premises. except easements and restrictions of record, rights-of-way for roads and ditches on the premises and all oil, gas and other minerals and surface extraction rights related thereto. TO HAVE AND TO HOLD said premises above bargained and described with the appurtenances, unto the Grantees. their heirs and assigns forever as Joint tenants and not as tenants in common. The Grantor for itself, its successors and assigns does covenant and agree that it shall and will warrant and forever defend the above bargained premises in the quiet and peaceable possession of the Grantees against all and every person or persons claiming to whole or any part thereof, by, through or under the Grantor. IN WITNESS WHEREOF, the Grantor has caused these presents to be executed on the date set forth above by and through its sole Trustee and authorized representative. JOSEPHINE . MILES TESTAMENTARY TRUST By: e IY u iE� "J. Robert e s terms ar titetr epr pursuant to the of said Trust STATE OF COLORADO ss. CPIY AND COUNTY OF DENVER ) The foregoing instrument was acknowledged before me this 8th day of June, 1998 by J. ROBERT WELCH. Sole Trustee of the Josep riff to H. Mies Testamentary Trust. Witness my Hand and Official Seal. ppY P �., • Notary t Qf f)C My Commission Expires: RECORDER'S MEMORANDUM {/ August 17, 2001 .THIS DOCUN,ENT WAS FOLNC Ace. TO BE INADEQUATE FOR ` SCANNING PURPOSES. EXHIBIT A ♦ PARCEL A: . A tract of land situated in the South one-half of the Southwest quarter of Section 28 end the Northwest quarter of Section.33.alL in.Township 2 North,.Range 68 West of the 6th Principal Meridian,being described as follows: BEGINNING at the North onequaster corner of Section 33;, +' Thence along the East One of the Northwest quarter of Section 33, South 00 degrees 12' 13' West t 720.64 feet to a point on the centerline of the Lower Boulder Irrigation Canal. whence the center one-quarter corner of Section 33 bears South 00 degrees 12'23'West 1903.66 feet Thence along the Centerline of said Lower Boulder litigation Canal tie following courses: Thence South 7Tdegrees 53''32'West-69;71t feet; Thence North 8 degrees 19'26'West 85.39 feet; Thence Thence North Maltese7 gees ees 00''28'West 22est 06.9µ5f feet; Thence North 55 degrees 20' 14'West 209.43 feet; Thence North 69 degrees 54' 12'West 90.18 feet; Thence North 79 degrees 29' 16'West 328.11 feet; Thence South 84 degrees 16'20'West 189.07 feet; Thence North 80 degrees 34' 19'West 206.16 feet; Thence South 65 degrees 16' I8'West 172.35 feet Thence South 46 degrees 25'26'West 41.28 feet Thence South 30 degrees 43' 16'West 61.50 feet; Thence Scab 14 degrees 26' 13'West 77.52 feet; Thence South 22 degrees 20'20'West 59.88 feet; Thence departing the centerline of said Lower Boulder irrigation Canal along the centerline of an existing road; Thence along the centerline of said existing road the following courses: Thence North 64 degrees 15'46'West 49.42 feet; Themoe North Thence North 65 degrees 44' 10'23'West 73.36.43 feeetet; Thence North 75 degrees Thence Noah 83 degrees 24'03'West 197.32 fat; Thence South 87 degrees 37'07'West 61.18 feet feet Thence South 62 degrees rees 23'09'2'West 91.61 feet • Thence South 83 degrees OW I5'West 15.27 feet Thence North 84 degrees 45' 34' West 48.11 feet to a point on the centerline of the Boulder and Weld Ditch; , Thence along the centerline of said ditch the following courses: Thence North 19 degrees 14'Sr Eau 14.70 feet; Thence North 27 degrees 34'00'East 144.95 feet; Thence North 43 degrees 08'28'East 107.42 feet; Thence North 36 degrees 33'38' East 202.57 feet; Thence North 22 degrees 24' 41'East 137.71 feet; Thence North 41 degrees 07'43'East 195.46 feet: Thence North 48 degrees 05'05' East 151.42 feet; Thence North 63 degrees 31'24'East 141.80 feet; Thence North 63 degrees 17' 17'East 382.68 feet; Thence Noah 72 degrees 40'04'East 197.69 feet: _ ._ .. Thence North 42 degrees 31'02' East 131.97 feet; Thence North 54 degrees 24'51' East 43.75 feet; Thence North 84 degrees 45' 13' East 43.01 feet; Thence South 80 degrees 49' 55' East 139.78 feet; Thence South 68 degrees 29'21' East 266.40 feet; feet; Thence Thence South St 60 degrees 46'0$' East 54.7r East 5 feet; Thence North 84 degrees 45's6' East 41.35 feet; Thence North 71 degrees 34' 19' East 150.06 feet; Thence South 87 degrees 34' 14' East 154.67 feet; Thence North 83 degrees 27'44' East 65.38 feet; Thence departing the centerline of the Boulder and Weld Ditch, North 90 degrees 00' 00' East 218.91 feet to a point on the East line of the Southwest quarter of Section 28. whence the Northeast corner of the South one-half of the Southwest quarter of Section 28 bears North 00 degrees East 958.05 feet; Thence South 00 degrees 02' 26' West 389.87 fat to the POINT OP BE.OINNIth3, County of Weld,State of Colorado. Together with a non exclusive easement on and over the praises described in Book 1514. Page 695, Meld County records, subject to the uses that other authorized users are making of said premises. 111111111111111111 III IIIH111111MOH 11111 IIII 2811315 18/12/1!86 03:58► Vold Canty CO 2 of 2 R 11.00 D 24.00 JR Sok! Taukawte , 77 - . am) \I a 1%344 t -i.9 -y+8 i sciRAME 9 F 1 a e 11.M M.s%a Sal sans* THISRECORDER'S MEMORANDUM manna FOUND'. 0 T O 1 TO SCAB NING PE URPOSE UATE FOR N RIDS DUD it made dal &h art J '5: 11190 J06QHRII ! 1T. MISS 1ESTHCfl'A9Y TRt 6y aid Nuou_J. ti0_ WELCH ICo 4� sole, dub tang sad�d Trlstae. Grantor.whose address is 1515 East tlth Anew*-No. 411. CO 110418 to MICHAEL A. DAVIS and SHEILA A.DAVI&Grats..,whom address*8118 East 157th Court.Srlpten.Adams r. _ County.Colorado 80001. .. a a STINESSETH that et G ran :or d the nttor, Sw and 1n aetrtdiratton sum of sokdr these pram does sant. d.Matf�d. s µ B .the sfld bya�.net tags in oaks but as Mat of innviveta ell of the Siphoning denoted tad propety, situate. btlt a01 coo being/n the *Meld,State of Cobra doeatb fella 00sd se f ll Sae tLrdd*A attached heeds and nrads part hereof f!wgto a DOCUMENTARY 1St 11!24.00 3 thereto banal the eer.sten and nnsslona. wenalnder aid nnieln a a n -ad_ and all the estate. right. title. blteteat. Noun end demand trhabess of the printer.either In law ad ef. In and to lbs allow ta.b hind predaes. n •�$o eammants and r ors of mold.d$bts af-wq for made std*kW 0 alai a mlarsd ,en at' w end ether mbnn4 and ratans edtrafbn 8 N n n as c he NAVEppur AND TOE said press above bassained and rho Ore their heal slam forevervas Nom N joint teams takings m o nnoon. The Grantor ix ItssIL Its E. wloae- a and set don covenant and spa that N shall end will wrest Emil^ e Me awe Ihrgairted resale In the quiet and peaceable gs posalsw of the Grants an and a Dan Ot Pars ebbing whole or ern part thesof.by.through or under as Granter. ,y IN winless W1tR6causedOp, the Orantor has caused as pre mien to be n esteemed en the date set kiln above by and through he sole Trustee and µ authaelaed re►reantathe. 9 J00tiplM MOLES'I MICIDIDW TRUST • pursuant to the fekma of maid tug • STATE OF COLORADO 1 .s. an AND COUNTY 0?DW YER 1 . • Its forenolng bsalakat was ackaellsd/ed briar nor dos_9 _ dq of June. 1 NORM WELCH. dole Muses of the Moles Testamentary Must. IND Witness my Hand sad Mad Best ♦ ��o�� o< .. _J1 �zT=_7 .. it , eV Connismon fAntis l ge 1 . • �kocuUar WAS Iowa ' - r�•' ttrole -11111111111111111111111111111111111111111111111111111 2799627 10/12/2000 10:29A JA Sold Tedomofo 2 of 2 R 10.00 D 0.00 Weld County CO A tract of land situated in the S1/2SW1/4 of Section 28 and the NW1/4 of Section 33 all in Township 2 North, Range 68 West of the 6th P.M., Weld County, Colorado, being more particularly described as follows: Beginning at the North one-quarter cornero f Section 33; Thence along the East line of the NW1/4 of Section 33, South 00 12'23" West 720.64 feet to a point on the centerline of the Lower Boulder Irrigation Canal, whence the center one-quarter corner of Section 33 bears South 00'12'23" West 1,903.66 feet; thence along the centerline of said Lower Boulder Irrigation Canal the following courses: Thence South 77°53'32" West 69.71 feet; Thence North 88°19'26" West 85.39 feet; Thence North 84°00'45" West 185.44 feet; Thence North 67°20'28" West 206.95 feet; Thence North 55°20'14" West 209.43 feet; Thence North 69°54'12" West 90.18 feet; Thence North 79°29'16" Wee8 328.11 feet; Thence South 84 16'20" West 189.07 feet; Thence North 80 34'19" West 206.16 feet; Thence South 65°16'18• West 172.55 feet; Thence South 46°25'26" West 41.82 feet; Thence South 30043'16" West 61.50 feet; Thence South 14°26'13" West 77.52 feet; Thence South 22°20'20" west 89.88 feet; Thence departing the centerline of said Lower Boulder Irrigation Canal along the centerline of an existing road; Thence along the centerline of said existing road the following courses: Thence North 64°15'46" West 49.42 feet; Thence North 55°44'21" West 70.43 feet; Thence North 65°10'23" West 75.56 feet; Thence North 75°52'35" West 166.83 feet; Thence North 83°24'83" West 197.32 feet; Thence South 87037'07" West 61.18 feet; Thence South 71 06'32" West 54.00 feet; Thence South 62 23'09" West 91.61 feet; Thence South 83'08'15" West 51.27 feet; Thence North 84°45'34" West 48.11 feet to a point on the centerline of the Boulder and Weld Ditch; Thence along the centerline of said ditch the following courses: Thence North 19°14'52" East 14.70 feet; Thence North 27034'00" East 144.95 feet; Thence North 43°08'28" East 107.42 feet; Thence North 36°35'38" East 202.57 feet; Thence North 22°24'41" East 137.71 feet; Thence North 41°07'45" East 195.46 feet; Thence North 48 05'05" Eagt 151.42 feet; Thence North 63 31'24" East 141.80 feet; Thence North 63 17'17" East 382.68 feet; Thence North 72°40'04" East 197.69 feet; Thence North 42°31'02" East 131.97 feet; Thence North 54°24'51" East 43.75 feet; Thence North 84°45'13" East 43.01 feet; Thence South 80°49'55" East 159.78 feet; Thence South 68°29'21" East 266.40 feet; Thence South 60°39.87" East 150.64 feet; Thence South 72°46'08" Eagt 54.75 feet; Thence North 84 45'58" Easg 41.35 feet; Thence North 71 34'19" East 150.06 feet; Thence South 87 34'14" East 154.67 feet; Thence North 83°27'44" East 65.38 feet; Thence departing the centerline of thy• Boulder and Weld Ditch, North 90°00'00" East 218.91 feet to a point on ths_ East line of the SW1/4 of Section 28, whence the Northeast corner of the.. S1/2SW1/4 of Section 28 bears North 00002'26" East 958.05; Thence South • 00°02'26" West 389.87 feet to the Point of Beginning. J • 5. 8 I — _______ C rc C i ________ ------L—L___/_ W� • v ew cci �in oyK cm I <,^0 3m �` Le^. Eg LI i�l ` I / ;',/ 4-7 : I rq III /i -/� I � . /1.);\ • coo y,'j/\ � / i .r \\\\ Zn 'ice ' d e 1 Y-L Cc.Cc� • ffi i g Il r C WmN pY U • - 6 < v q ch 47in y��ke F 4W&r n R 4'5 , F n • 4.5 • \1 .00.D0N .67039M 5 .tD oN -• N OCT: 'lid War AR2915791 2415749 B-1468 P-49 11/17/94 02:02P PG 1 OF 5 REC DOC Weld County CO Clerk & Recorder 25.00 Grant of Easement (Sencenbaugh To Miles) This Grant of Easement is made this 3 Dth day of September 1994 between Jane G. Sencenbaugh ("Sencenbaugh") and Josephine Block Miles also known as Josephine H.Miles("Miles"). Recitals WHEREAS Sencenbaugh is the owner of the real property described on Exhibit A,attached hereto and by this reference incorporated herein("Tract 1");and WHEREAS Miles is the owner of the real property described on Exhibit B,attached hereto and by this reference incorporated herein("Tracts 2 and 4");and WHEREAS Sencenbaugh desires to grant certain easements to Miles pursuant to the Order of Partition dated December 29, 1993 in Civil Action No.92 CV-399 of the Weld County District Court; NOW,THEREFORE,pursuant to said Order of Partition of the Weld County District Court, Sencenbaugh and Miles agree as follows: 1. Sencenbaugh hereby sells,conveys and grants to Miles an easement("Easement")14.00 feet wide,the southerly boundary of which is the following line: COMMENCING AT THE NORTHWEST CORNER OF SECTION 33,TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN,WELD COUNTY COLORADO; THENCE ALONG THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 33,SOUTH 00°02'29"EAST650.29 FEET TO THE POINT OF BEGINNING;THENCE SOUTH 84°45'34"EAST 48.18 FEET TO APOINT ON THE CENTERLINE OF BOULDER AND WELD DITCH AND THE POINT OF TERMINATION OF SAID LINE. The northern boundary of said Easement at its west end shall extend to a point on the West line of the Northwest Quarter of said Section 33 and at its east end shall extend to a point on the centerline of the Boulder and Weld Ditch. 2. The Easement shall be for purposes of ingress to and egress from Tracts 2 and 4,access to and maintenance of irrigation facilities and the reasonable location of utilities. 3. The Easement is perpetual,non-exclusive and shall be appurtenant to Tracts 2 and 4. 2415749 B-1468 P-49 11/17/94 02:02P PG 2 OF 5 4. This Grant of Easement shall be binding upon and shall inure to the benefit of the parties hereto,their heirs,successors,assigns and personal representatives. i Jane G.Sencenbaugh phine Block Miles also known as Josephine H.Miles STATE OF COLORADO ) )ss COUNTY OF ElPaso ) 33 The foregoing instrument was acknowledged before me this day of Septarber , 1994 by Jane G.Sencenbaugh. Witness my hand and official seal. My commission expires*Commt..M.E $�,�I .4_97 Notary Public STATE.OF COLORADO ) ti/l )ss COU ITY.QF Vie/you-4A) 1 Tlle;loregoin instrument was acknowledged before me this �I'� day of SP� .9.- M i.Vti , 1994 by Josephine Block Miles also known as Josephine fT-..�4files. Witness my hand and official seal. My commission expires: 1 " ,, '' -511 J£j 61'1 /l/\te Notary Public Exhibit A 2415749 B-1468 P-49 11/17/94 02:02P PG 3 OF 5 TRACT 1 LEGAL DESCRIPTION A TRACT OF LAND SITUATED IN THE SOUTH ONE-HALF OF THE SOUTHWEST QUARTER Of SECTION 28 AND THE NORTHWEST QUARTER OF SECTION 33 ALL IN TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN, WELD COUNTY, COLORADO, BEING DESCRIBED AS FOLLOWS. BEGINNING AT THE SOUTHWEST CORNER OF SECTION 28 THENCE ALONG THE WEST LINE OF THE- SOUTHWEST QUARTER OF SECTION 28. NORTH 00'00'04- WEST 1.346 44 FEET TO THE NORTHWEST CORNER OF THE SOUTH ONE-HALF OF THE SOUTHWEST QUARTER OF SECTION 28; THENCE SOUTH 89'28'25 EAST "' 645.34 FEET TO THE NORTHEAST CORNER OF THE SOUTHWEST SOUTH ONE-HALF Of THE QUARTER Of SECTION 28; THENCE ALONG THE EAST UNE Of THE SOUTH ONE-HALF OF THE SOUTHWEST QUARTER OF SECTION 28, SOUTH 00'02'26' WEST 958.05 FEET, WHENCE THE SOUTH ONE-QUARTER CORNER OF SECTION 28 BEARS SOUTH 00'02'26 WEST .189 87 FEET, THENCE SOUTH 90'00'00" WEST 218.91 FEET TO A POINT ON THE CENTERLINE OF THE BOULDER AND WELD DITCH; THENCE ALONG SAID CENTERLINE THE FOI LOWING COURSES THENCE SOUTH 83'2744' WEST 65 38 FEET. THENCE NORTH 8734'14" WEST 154.67 FEET; THENCE SOUTH 71'34'19' WEST 150 06 FEET; THENCE SOUTH 84'45'58" WEST 41.35 FEET; THENCE NORTH 72'46'08- WEST 54 75 FEET, THENCE NORTH 60'39'07' WEST 150.64 FEET; THENCE NORTH 68'29'21' WEST 266 40 FEET; THENCE NORTH 80'49'55' WEST 159.78 FEET. THENCE SOUTH 84'45.15 WEST 43.01 FEET, THENCE SOUTH 54'24'51' WEST 43.75 FEET, THENCE SOUTH 4731'02" WEST 131.97 FEET; THENCE SOUTH 7740'04' WEST 197.69 FEET; THENCE SOUTH 6317'17' WEST 382.68 FEET; THENCE SOUTH 63'31'24" WEST 141 80 FEET; THENCE SOUTH S 151.42 THENCE SOUTH T 22'24'41 FEET,WEST HE 13771 SFEET, THENCE SOUTHTH 41'07'4 " WES 36'35'38" E195.46 FWEEST 202.57 FEET; THENCE SOUTH 4308'28" WEST 107 42 FEET; THENCE SOUTH 2734'00" WEST 144.95 FEET; THENCE SOUTH 19'14'52" WEST 14 70 FEET, THENCE DEPARTING THE CENTERLINE OF SAID BOULDER AND WELD DITCH ALONG THE CENTERLINE OF AN EXISTING ROAD, NORTH 84'45'34 WEST 48 18 FEET TO A POINT ON THE WEST UNE OF THE NORTHWEST QUARTER OF SECTION 33. THENCE NORTH 00'02.29' WEST 650.29 FEET TO THE POINT OF BEGINNING EXCEPTING THEREFROM A PARCEL OF LAND DESCRIBED BY DEED RECORDED AUGUST 17, 1964 IN BOOK 521 AS RECEPTION NUMBER 14-43172 OF WELD COUNTY RECORDS. BEING DESCRIBED AS FOLLOWS. COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 28; THENCE ALONG THE WEST UNE OF SECTION 28. NORTH 00'00 04' WEST 1.332 80 FEET; THENCE SOUTH 89'57'04' EAST 30.00 FEET TO A POINT ON THE EAST RIGHT-OF-WAY ONE OF WELD COUNTY ROAD NO. 5 AND THE TRUE POINT OF BEGINNING, THENCE CONTINUING SOUTH 89'57'04" EAST 1,285.00 FEET THENCE SOUTH 00'00'04" EAST 339.00 FEET; THENCE WAY LINE NORTH 89'57'04' 00 WELD COUNTY ROAD NO. 5; THENCE ALONG SAID EAST O RIGHT-OF-WAYYF LINE NORTH 00'OO'Oj WEST 339 00 FEET TO THE TRUE POINT OF BEGINNING. THE NET AREA OF THE ABOVE DESCRIBED TRACT OF LAND IS 58 002 ACRES MORE OR LESS. 2415749 B-1468 P-49 11/17/94 02:02P PG 4 OF 5 Exhibit B Page 1 TRACT 2 LEGAL DESCRIPTION A TRACT OF LAND SITUATED IN THE SOUTH ONE-HALF OF THE SOUTHWEST QUARTER OF SECTION 28 AND THE NORTHWEST QUARTER OF SECTION 33 ALL IN TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN, WELD COUNTY, COLORADO, BEING DESCRIBED AS FOLLOWS; BEGINNING AT THE NORTH ONE-QUARTER CORNER OF SECTION 33; THENCE ALONG THE EAST LINE OF THE NORTHWEST QUARTER OF SECTION 33, SOUTH 00°12'23" WEST 720.64 FEET TO A POINT ON THE CENTERLINE OF THE LOWER BOULDER IRRIGATION CANAL, WHENCE THE CENTER ONE-QUARTER CORNER OF SECTION 33 BEARS SOUTH 00°12'23" WEST 1,903.66 FEET; THENCE ALONG THE CENTERLINE OF SAID LOWER BOULDER IRRIGATION CANAL THE FOLLOWING COURSES: THENCE SOUTH 77°53'32" WEST 69.71 FEET; THENCE DORM 88°19'26" WEST 85.39 FEET; THENCE NORTH 84°00'45" WEST 185.44 FEET; THENCE NORTH 67°20'28" WEST 206.95 FEET; THENCE NORTH 55°20'14" WEST 209.43 FELT; THENCE NORTH 69°54'12" WEST 90.18 FEET; THENCE NORTH 79°29'16" WEST 328.11 FELT; THENCE SOUTH 84°16'20" WEST 189.07 FEET; THENCE NORTH 80°34'19" WEST 206.16 FEET; THENCE SOUTH 65°16'18" WEST 172.55 FEET; THENCE SOUTH 45°25'26" WEST 41.82 FEET; THENCE SOUTH 30°43'16" WEST 61.50 FEET; THENCE SOUTH 14°26'13" WEST 77.52 FEET; THENCE SOUTH 22°20'20" WEST 89.88 FEET; THLNCL DEPARTING THE CENTERLINE OF SAID LOWER BOULDER IRRIGATION CANAL ALONG THE CENTERLINE OF AN EXISTING ROAD; THENCE ALONG THE CENTERLINE OF SAID EXISTING ROAD THE FOLLOWING COURSES: THENCE NORTH 64°15'46" WEST 49.42 FEET; THENCE NORTH 55°44'21" WEST 70.43 FEET; THENCE NORTH 65°10'23" WEST 75.56 FEET; THENCE NORTH 75°52'35" WEST 166.83 FEET; THENCE NORTH 83°24'03" WEST 197.32 FEET; THENCE SOUTH 87°37'07" WEST 61.18 FEET; THENCE SOUTH 71°06'32" WEST 54.00 FEET; THENCE SOUTH 62°23'09" WEST 91.61 FEET; THENCE SOUTH 83°08'15" WEST 51.27 FEET; THENCE NORTH 84°45'34" WEST 48.11 FEET TO A POINT ON THE CENTERLINE OF THE BOULDER AND WELD DITCH; THENCE ALONG THE CENTERLINE OF SAID DITCH THE FOLLOWING COURSES: THENCE NORTH 19°14'52" EAST 14.70 FEET; THENCE NORTH 27°34'00" EAST 144.95 FEET; THENCE NORTH 43°08'28" EAST 107.42 FEET; THENCE NORTH 36°35'38" EAST 202.57 FEET; THENCE NORTH 22°24'41" EAST 137.71 FEET; THENCE NORTH 41°07'45" EAST 195.46 FEET; THENCE NORTH 48°05'05" EAST 151.42 FEET; THENCE NORTH 63°31'24" EAST 141.80 FEET; THENCE NORTH 63°17'17" EAST 382.68 FEET; THENCE NORTH 72°40'04" EAST 197.69 FEET; THENCE NORTH 42°31'02" EAST 131.97 FEET; THENCE NORTH 54°24'51" EAST 43.75 FEET; THENCE NORTH 84°45'13" EAST 43.01 FLIT; THENCE SOUTH 80°49'55" EAST 159.78 FEET; THENCE SOUTH 68°29'21" EAST 265.40 FEET; THENCE SOUTH 60°39'07" EAST 150.64 IEEE; THENCE SOUTH 72°46'08" EAST 54.75 FEET; THENCE NORTH 84°45'58" EAST 41.35 FELT; THENCE NORTH 71°34'19" EAST 150.06 FEET; THENCE SOUTH 87°34'14" EAST 154.67 FEET; THENCE NORTH 83°27'44" EAST 65.38 FEET; THENCE DEPARTING THE CENTERLINE OF THE BUULOLR AND WELD DITCH, NORTH 90°00'00" EAST 218.91 FELT TO A POINT ON THE EAST LINE OF THE SOUTHWEST QUARTER OF SECTION 28, WHENCE THE NORTHEAST CORNER OF THE SOUTH ONE-HALF OF THE SOUTHWEST QUARTER OF SECTION 28 BEARS NORTH 00°02'26" EAST 958.05 FEET; THENCE SOUTH 00°02'26" WI.SI 389.87FLET 10 THE POINT OF BEGINNING, CONTAINING 48.998 ACRES MORI OR ILSS. Exhibit B Page 2 TRACT 4 LEGAL DESCRIPTION A TRACT OF LAND SITUATED IN THE NORTHWEST QUARTER OF SECTION 33, TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN, WELD COUNTY, COLORADO, BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST ONE-QUARTER CORNER OF SECTION 33; THENCE ALONG THE EAST-WEST CENTERLINE OF SAID SECTION 33, SOUTH 89°46'59" EAST 114.78 FEET TO A POINT ON THE CENTERLINE OF THE LOWER BOULDER IRRIGATION CANAL AND THE POINT OF BEGINNING; THENCE ALONG SAID CENTERLINE THE FOLLOWING COURSES: THENCE NORTH 16°49'27' WEST 179.16 FEET; THENCE NORTH 04°46'30" WEST 115.82 FEET; THENCE NORTH 17°26'11" EAST 75.73 FEET; THENCE NORTH 55°06'56" EAST 74.70 FEET; THENCE NORTH 63°28'21" EAST 97.34 FEET; THENCE NORTH 56°40'12" EAST 140.18 FEET; THENCE NORTH 63°1D'17" EAST 228.28 FEET; THENCE NORTH 57°42'44" EAST 119.91 FEET; THENCE NORTH 40°54'12" EAST 63.89 FEET; THENCE NORTH 28°09'29" EAST 319.67 FEET; THENCE NORTH 36°27'13" EAST 65.90 FEET; THENCE NORTH 58°48'15" EAST 62.46 FEET; THENCE NORTH 68°00'07" EAST 95.47 FEET; THENCE NORTH 52°58'52" EAST 212.57 FEET; THENCE NORTH 45°08'16" EAST 119.19 FEET; THENCE NORTH 28°59'47" EAST 61.65 FEET; THENCE NORTH 20°40'04" WEST 82.10 FEET; THENCE NORTH 53°54'44" WEST 435.12 FEET; THENCE NORTH 46°13'57" WEST 70.11 FEET; THENCE NORTH 24°18'38" WEST 53.35 FEET; THENCE NORTH 16°15'57" EAST 59.29 FEET; THENCE NORTH 22°20'20" EAST 89.88 FEET; THENCE NORTH 14°26'13" EAST 77.52 FEET; THENCE NORTH 30°43'16" EAST 61.50 FEET; THENCE NORTH 46°25'26" EAST 41.82 FEET; THENCE NORTH 65°16'18" EAST 172.55 FEET; THENCE SOUTH 80°34'19" EAST 206.16 FEET; THENCE NORTH 84°16'20" EAST 189.07 FEET; THENCE SOUTH 79°29'16" EAST 328.11 FEET; THENCE SOUTH 69°54'12" EAST 90.18 FEET; THENCE SOUTH 55°20'14" EAST 209.43 FEET; THENCE SOUTH 67°20'28" EAST 206.95 FEET; THENCE SOUTH 84°00'45" EAST 185.44 FEET; THENCE SOUTH 88°19'26" EAST 85.39 FEET; THENCE NORTH 77°53'32" EAST 69.71 FEET TO A POINT ON THE EAST LINE OF THE NORTHWEST QUARTER OF SECTION 33, WHENCE THE NORTH ONE-QUARTER CORNER OF SAID SECTION 33 BEARS NORTH 00°12'23" EAST 720.64 FEET; THENCE SOUTH 00°12'23" WEST 1,903.66 FEET TO THE CENTER ONE-QUARTER CORNER OF SECTION 33; THENCE ALONG THE EAST-WEST CENTERLINE OF SECTION 33, NORTH 89°46'59" WEST 2,518.13 FEET TO THE POINT OF BEGINNING, CONTAINING 91.463 ACRES MORE OR LESS. 2415749 B-1468 P-49 11/17/94 02:02P PG 5 OF 5 AR271.S7Sn 2415750 B-1468 P-50 11/17/94 02:02P PG 1 OF 5 REC Weld County CO Clerk & Recorder 25 00 Grant of Easement (Grigsby To Miles) 4Q This Grant of Easement is made this day of Q 4-3- if , 1994 between Robert J.Grigsby("Grigsby")and Josephine Block Miles also known as Josephine H.Miles("Miles"). Recitals WHEREAS Grigsby is the owner of the real property described on Exhibit A,attached hereto and by this reference incorporated herein("Tract 3");and WHEREAS Miles is the owner of the real property described on Exhibit B,attached hereto and by this reference incorporated herein("Tracts 2 and 4");and WHEREAS Grigsby desires to grant certain easements to Miles pursuant to the Order of Partition dated December 29, 1993 in Civil Action No.92 CV-399 of the Weld County District Court; NOW,THEREFORE,pursuant to said Order of Partition of the Weld County District Court, Grigsby and Miles agree as follows: I. Grigsby hereby sells,conveys and grants to Miles an easement("Easement") 14.00 feet wide,the northerly boundary of which is the following line: COMMENCING AT THE NORTHWEST CORNER OF SECTION 33,TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN,WELD COUNTY COLORADO; THENCE ALONG THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 33,SOUTH 00°02'29"EAST650.29 FEET; THENCE SOUTH 84°45'34" EAST 48.18 FEET TO THE POINT OF BEGINNING;THENCE SOUTH 84°45'34"EAST 48.11 FEET;THENCE NORTH 83°08'15" EAST 51.27 FEET; THENCE NORTH 62°23'09" EAST 91.61 FEET; THENCE NORTH 71°06'32" EAST 54.00 FEET; THENCE NORTH 87°37'07" EAST 61.18 FEET;THENCE SOUTH 83°24'03" EAST 197.32 FEET;THENCE SOUTH 75°52'35" EAST 166.83 FEET;THENCE SOUTH 65°10'23" EAST 75.56 FEET;THENCE SOUTH 55°44'21"East 70.43 FEET;THENCE SOUTH 64°15'46" EAST 49.42 TO A POINT ON THE CENTERLINE OF THE LOWER BOULDER IRRIGATION CANAL AND THE POINT OF TERMINATION OF SAID LINE. The southern boundary of said Easement at its East end shall extend along its described path to a point on the centerline of the lower Boulder Irrigation Canal. Provided,however,that neither the Easement nor the use of the Easement shall in any way affect the existence,use,or maintenance of existing improvements on Tract 3,including,but not 2415750 B-1468 P-50 11/17/94 02:02P PG 2 OF 5 by way of limitation,the electrical transformer and connections immediately South of the existing road across the northern boundary of Tract 3,the existing electrical cables and boxes and/or the headgate and flume on the Lower Boulder Consolidated Ditch,immediately South of said existing road. 2. The Easement shall be for purposes of ingress to and egress from Tracts 2 and 4,access to and maintenance of irrigation facilities and the reasonable location of utilities. 3. The Easement shallbe perpetual,non-exclusiveand shall be appurtenant to Tracts 2 and 4. 4. This Grant of Easement shall be binding upon and shall inure to the benefit of the parties hereto,their heirs,successors,assigns and personal representatives. �' a'S.e0 h ihr1 ii Robert J.Osigsb osephi Block Miles also known as JosephineH.Miles STATE OF COLORADO ) )ss COUNTY OF �. riked,.'%) ) 9°�g;�f1o�regoing instrument was acknowledged before me this � -r4- day of I�ifl 414-1==t .l , 1994 by Robert J.Grigsby. D Witness my hand and official seal. My.commission expires: 7/2 7 A,7 CLbi 1C., 1 ! - 6LE.t.[-- ./ Nota y Public STATE OF COLORADO ) c,v-��q' 4,,,d,A. )ss COUNTY OF 1 v.-(.TC.^) ) �,. -The:rf�o�r�e�goinIgA instrument/ was acknowledged before me this 'a �� day of _ -1 b : , 1994 by Josephine Block Miles also known as Josephine H.Miles. Witness my hand and official seal. /� My commission expires: nAcki 3I )W (-��/\\7-- n , � i'11�M d/A i 11h:M, Notary Public 1 I 2415750 B-1468 P-50 11/17/94 02:02P PG 3 OF 5 Exhibit A TRACT 3 LEGAL DESCRIPTION A TRACT OF LAND SITUATED IN THE NORTHWEST QUARTER OF SECTION 33, TOWNSHIP 2 NORTH, RANGE E8 WEST OF THE 6TH PRINCIPAL MERIDIAN, WELD COUNTY, COLORADO, BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE WEST ONE-QUARTER CORNER OF SECTION 33; THENCE ALONG THE WEST LINE OF THE NORTHWEST QUARTER OF SECTION 33, NORTH 00°02'29" WEST 1,989.81 FEET TO A POINT WHENCE THE NORTHWEST CORNER OF SECTION 33 BEARS NORTH 00°02'29" WEST 650.29 FEET; THENCE ALONG THE CENTERLINE OF AN EXISTING ROAD THE FOLLOWING COURSES: THENCE SOUTH 84°45'34" EAST 96.29 FEET; THENCE NORTH 83°08'15" EAST 51.27 FEET; THENCE NORTH 62°23'09" EAST 91.61 FEET; THENCE NORTH 71°06'32" EAST 54.00 FEET; THENCE NORTH 87°37'07" EAST 61.18 FEET; THENCE SOUTH 83°24'03" EAST 197.32 FEET; THENCE SOUTH 75°52'35" EAST 166.83 FEET; THENCE SOUTH 65°10'23" EAST 75.56 FEET; THENCE SOUTH 55°44'21" EAST 70.43 FEET; THENCE SOUTH 64°15'46" EAST 49.42 FEET TO A POINT ON THE CENTERLINE OF THE LOWER BOULDER IRRIGATION CANAL; THENCE DEPARTING THE CENTERLINE OF SAID EXISTING ROAD ALONG THE CENTERLINE OF THE LOWER BOULDER IRRIGATION CANAL THE FOLLOWING COURSES: THENCE SOUTH 16°15'b7" WEST 59.29 FEET; THENCE SOUTH 24°18'38" EAST 53.35 FEET; THENCE SOUTH 46°13'57" EAST 70.11 FEET; THENCE SOUTH 53°54'44" EAST 435.12 FEET; THENCE SOUTH 20°40'04" EAST 82.10 FEET; THENCE SOUTH 28°59'47" WEST 61.65 FEET; THENCE SOUTH 45°08'16" WEST 119.19 FEET; THENCE SOUTH 52°58'52" WEST 212.57 FEET; THENCE SOUTH 68°00'07" WEST 95.47 FEET; THENCE SOUTH 58°48'15" WEST 62.46 FEET; THENCE SOUTH 36°27'13" WEST 65.90 FEET; THENCE SOUTH 28°09'29" WEST 319.67 FEET; THENCE SOUTH 40°54'12" WEST 63.89 FEET; THENCE SOUTH 57°42'44" WEST 119.91 FEET; THENCE SOUTH 63°10.17" WEST 228.28 FEET; THENCE SOUTH 56°40.12" WEST 140.18 FEET; THENCE SOUTH 63°28'21" WEST 97.34 FEET; THENCE SOUTH 55°06'56" WEST 74.70 FEET; THENCE SOUTH 17°26'11" WEST 75.73 FEET; THENCE SOUTH 04°46'30" EAST 115.82 FEET; THENCE SOUTH 16°49'27" UST 179.16 FEET TO A POINT ON THE FAST-WEST CENTERLINE OF SECTION 33; THENCE ALONG SAID EAST-WEST CENTERLINE NORTH 89°46'59" WEST 114.78 FEET TO THE POINT OF BEGINNING, CONTAINING 32.773 ACRES MORE OR LESS. Exhibit B Page 1 TRACT 2 LEGAL DESCRIPTION A TRACT OF LAND SITUATED IN THE SOUTH ONE-HALF OF THE SOUTHWEST QUARTER OF SECTION 28 AND THE NORTHWEST QUARTER OF SECTION 33 ALL IN TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN, WELD COUNTY, COLORADO, BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTH ONE-QUARTER CORNER OF SECTION 33; THENCE ALONG THE EAST LINE OF THE NORTHWEST QUARTER OF SECTION 33, SOUTH 00°12'23" WEST 720.64 FEET TO A POINT ON THE CENTERLINE OF THE LOWER BOULDER IRRIGATION CANAL, WHENCE THE CENTER ONE-QUARTER CORNER OF SECTION 33 BEARS SOUTH 00°12'23" WEST 1,903.66 FEET; THENCE ALONG THE CENTERLINE OF SAID LOWER BOULDER IRRIGATION CANAL THE FOLLOWING COURSES: THENCE SOUTH 77°53'32" WEST 69.71 FEET; THENCE NORTH 88°19'26" WEST 85.39 FEET; THENCE NORTH 84°00'45" WEST 185.44 FEET; THENCE NORTH 67°20'28" WEST 206.95 FEET; THENCE NORTH 55°20'14" WEST 209.43 FEET; THENCE NORTH 69°54'12" WEST 90.18 FEET; THENCE NORTH 79°29'16" WEST 328.11 FEET; THENCE SOUTH 84°16'20" WEST 189.07 FEET; THENCE NORTH 80°34'19" WEST 206.16 FEET; THENCE SOUTH 65°16'18" WEST 172.55 FEET; THENCE SOUTH 46°25'26" WEST 41.82 FEET; THENCE SOUTH 30°43'16" WEST 61.50 FEET; THENCE SOUTH 14°26'13" WEST 77.52 FEET; THENCE SOUTH 22°20'20" WEST 89.88 FEET; THENCE DEPARTING THE CENTERLINE OF SAID LOWER BOULDER IRRIGATION CANAL ALONG THE CENTERLINE OF AN EXISTING ROAD; THENCE ALONG THE CENTERLINE OF SAID EXISTING ROAD THE FOLLOWING COURSES: THENCE NORTH 64°15'46" WEST 49.42 FEET; THENCE NORTH 55°44'21" WEST 70.43 FEET; THENCE NORTH 65°10'23" WEST 75.56 FEET; THENCE NORTH 75°52'35' WEST 166.83 FEET; THENCE NORTH 83°24'03" WEST 197.32 FEET; THENCE SOUTH 87°37'07" WEST 61.18 FEET; THENCE SOUTH 71°06'32" WEST 54.00 FEET; THENCE SOUTH 62°23'09" WEST 91.61 FEET; THENCE SOUTH 83°08'15" WEST 51.27 FEET; THENCE NORTH 84°45'34" WEST 48.11 FEET TO A POINT ON THE CENTERLINE OF THE BOULDER AND WELD DITCH; THENCE ALONG THE CENTERLINE OF SAID DITCH THE FOLLOWING COURSES: THENCE NORTH 19°14'52" EAST 14.70 FEET; THENCE NORTH 27°34'00" EAST 144.95 FEET; THENCE NORTH 43°08'28" EAST 107.42 FEET; THENCE NORTH 36°35'38' EAST 202.57 FEET; THENCE NORTH 22°24'41" EAST 137.71 FEET; THENCE NORTH 41°07'45" EAST 195.46 FEET; THENCE NORTH 48°05'05" EAST 151.42 FEET; THENCE NORTH 63°31'24" EAST 141.80 FEET; THENCE NORTH 63°17'17" EAST 382.68 FEET; THENCE NORTH 72°40'04" EAST 197.69 FEET; THENCE NORTH 42°31'02" EAST 131.97 FEET; THENCE NORTH 54°24'51" EAST 43.75 FEET; THENCE NORTH 84°45'13" EAST 43.01 FELT; THENCE SOUTH 80°49'55" EAST 159.78 FEET; THENCE SOUTH 68°29'21" EAST 266.40 FEET; THENCE SOUTH 60°39'07" EAST 150.64 FEET; THENCE SOUTH 72°46'08" EAST 54.75 FEET; THENCE NORTH 84°45'58" EAST 41.35 FEET; THENCE NORTH 7I°34'19" EAST 150.06 FEET; THENCE SOUTH 87°34.14" EAST 154.67 FEET; THENCE NORTH 83°27'44" EAST 65.38 FEET; THENCE DEPARTING THE CENTERLINE OF THE BOULDER POINT ON THE LAST LINE NOFWTHE SOUTHWESTTRQUARTEROOFO SECTION228,9WHENCE TIOIEANORTHEAST CORNER 01 1HE SOUTH ONE-HALF OF THE SOUTHWEST QUARTER OF SECTION 28 BEARS NORTH 00°02'26" EAST 958.05 FEET; THENCE SOUTH 00°02'26" WI.SI 389.87FLET TO THE POINT OF BEGINNING, CONTAINING 48.998 ACRES MORI OR IESS. 2415750 B-1468 P-50 11/17/94 02:02P PG 4 OF 5 Exhibit B Page 2 TRACT 4 LEGAL DESCRIPTION A TRACT OF LAND SITUATED IN THE NORTHWEST QUARTER OF SECTION 33, TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN, WELD COUNTY, COLORADO, BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST ONE-QUARTER CORNER OF SECTION 33; THENCE ALONG THE EAST-WEST CENTERLINE OF SAID SECTION 33, SOUTH 89°46'59" EAST 114.78 FEET TO A POINT ON THE CENTERLINE OF THE LOWER BOULDER IRRIGATION CANAL AND THE POINT OF BEGINNING; THENCE ALONG SAID CENTERLINE THE FOLLOWING COURSES: THENCE NORTH 16°49'27" WEST 179.16 FEET; THENCE NORTH 04°46'30" WEST 115.82 FEET; THENCE NORTH 17°26'11" EAST 75.73 FEET; THENCE NORTH 55°06'56" EAST 74.70 FEET; THENCE NORTH 63°28'21" EAST 97.34 FEET; THENCE NORTH 56°40'12" EAST 140.18 FEET; THENCE NORTH 63°10'17" EAST 228.28 FEET; THENCE NORTH 57°42'44" EAST 119.91 FEET; THENCE NORTH 40°54'12" EAST 63.89 FEET; THENCE NORTH 28°09'29" EAST 319.67 FEET; THENCE NORTH 36°27'13" EAST 65.90 FEET; THENCE NORTH 58°48'15" EAST 62.46 FEET; THENCE NORTH 68°00'07" EAST 95.47 FEET; THENCE NORTH S2°58'52" EAST 212.57 FEET; THENCE NORTH 45°08'16" EAST 119.19 FEET; THENCE NORTH 28°59'47" EAST 61.65 FEET; THENCE NORTH 20°40'04" WEST 82.10 FEET; THENCE NORTH 53°54'44' WEST 435.12 FEET; THENCE NORTH 46°13'57" WEST 70.11 FEET; THENCE NORTH 24°18'38" WEST 53.35 FEET; THENCE NORTH 16°15'57" EAST 59.29 FEET; THENCE NORTH 22°20'20" EAST 89.88 FEET; THENCE NORTH 14°26'13" EAST 77.52 FEET; THENCE NORTH 30°43'16" EAST 61.50 FEET; THENCE NORTH 46°25'26" EAST 41.82 FEET; THENCE NORTH 65°16'18" EAST 172.55 FEET; THENCE SOUTH 80°34'19" EAST 206.16 FEET; THENCE NORTH 84°16'20" EAST 189.07 FEET; THENCE SOUTH 79°29'16" EAST 328.11 FEET; THENCE SOUTH 69°54'12" EAST 90.18 FEET; THENCE SOUTH 55°20'14" EAST 209.43 FEET; THENCE SOUTH 67°20'28" EAST 206.95 FELT; THENCE SOUTH 84°00'45" EAST 185.44 FEET; THENCE SOUTH 88°19'26" EAST 85.39 FEET; THENCE NORTH 77°53'.32" EAST 69.71 FEET TO A POINT ON THE EAST LINE OF THE NORTHWEST QUARTER OF SECTION 33, WHENCE THE NORTH ONE-QUARTER CORNER OF SAID SECTION 33 BEARS NORTH 00°12'23" EAST 720.64 rEET; THENCE SOUTH 00°12'23" WEST 1,903.66 FEET TO THE CENTER ONE-QUARTER CORNER OF SECTION 33; THENCE ALONG THE EAST-WEST CENTERLINE OF SECTION 33, NORTH 89°46'59" WEST 2,518.13 FEET TO THE POINT OF BEGINNING, CONTAINING 91.463 ACRES MORE OR LESS. 2415750 8-1468 P-50 11/17/94 02:02p P3 5 OF 5 Grant of Easement #412414(1" (Miles To Grigsby) This Grant of Easement is made this L_Li:1 day of CO: Fr bc.r' , 1994 between Josephine Block Miles also known as Josephine H.Miles("Miles")and Robert J.Grigsby("Grigsby"). &vitals WHEREAS Miles is the owner of the real property described on Exhibit A,attached hereto and by this reference incorporated herein("Tract 2");and WHEREAS Grigsby is the owner of the real property described on Exhibit B,attached hereto and by this reference incorporated herein("Tract 3");and WHEREAS Miles desires to grant certain easements to Grigsby pursuant to the Order of Partition dated December 29, 1993 in Civil Action No.92 CV-399 of the Weld County District Court; NOW,THEREFORE,pursuant to said Order of Partition of the Weld County District Court, Miles and Grigsby agree as follows: 1. Miles hereby sells,conveys and grants to Grigsby an easement("Easement") 14.00 feet wide,the southerly boundary of which is the following line: COMMENCING AT THE NORTHWEST CORNER OF SECTION 33,TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN, WELD COUNTY COLORADO; THENCE ALONG THE WEST LINE OF THE NORTHWEST QUARTER OFSAID SECTION 33,SOUTH 00°02'29"EAST650.29 FEET; THENCE SOUTH 84°45'34" EAST 48.18 FEET TO THE POINT OF BEGINNING;THENCE SOUTH 84'45'34"EAST48.1 I FEET;THENCE NORTH 83°08'15" EAST 51.27 FEET; THENCE NORTH 62°23'09" EAST 91.61 FEET; THENCE NORTH 7l°06'32° EAST 54.00 FEET; THENCE NORTH 87°37'07" EAST 61.18 FEET; THENCE SOUTH 83°24'03" EAST 197.32 FEET; THENCE SOUTH 75°52'35"EAST 166.83 FEET;THENCE SOUTH 65°10'23" EAST 75.56 FEET;THENCE SOUTH 55°44'21"East 70.43 FEET;THENCE SOUTH 64°15'46" EAST 49.42eAFPOINT ON THE CENTERLINE OF THE LOWER BOULDER IRRIGATION CANAL AND THE POINT OF TERMINATION OF SAID LINE.• 2. The Easement shall be for purposes of ingress to and egress from Tract 3,access to and maintenance of irrigation facilities and the reasonable location of utilities. 3. The Easement is perpetual,non-exclusive and shall be appurtenant to Tract 3. 414000 P-1466 P-':2 11/03/94 04:42P PC I OF 4 FP:(. DOC ",1;,r" ..Ano Feeeslein Weld Co.. Clerk & Recorder '0.00 4. This Grant of Easement shall be binding upon and shall inure to the benefit of the parties hereto,their heirs,successors,��aassigns and personal representatives. 4:14- 4.4 dr - ttneockMiles also known as Robert JGrigsbyi�-V-'�\� y� Josephine H.Miles STATE OF COLORADO edit 4, )ss COUM'Y OF CLt IAo-o) The foregoing instrument was acknowledged before me this uht� day of _ .�, [-qy itP/L) , 1994 by Josephine Block Miles also known as Josephine H.Miles. Witness.my hand and official seal.My commission expires: rl1Q.t, 31 i%i(I /'-7 -�- -[ill cleki /�'t- .<4} Notary Public STATE OF COLORADO )ss COUNTY OF k)(;2t L ) t{, }.e foregoing instrument was acknowledged before me this 1 S = day of `!O fe-(J , 1994 by Robert J.Grigsby. Witness my hand and official seal. . My commission expires: .& // C (�'c e.iC_,� _i��cf-LLf-C Notary 2414000 h-14o5 0-'12 11/03/04 04:41P 1i 2 OF 4 Exhibit A TRACT 2 LEGAL DESCRIPTION A TRACT OF LAND SITUATED IN THE SOUTH ONE-HALF OF THE SOUTHWEST QUARTER OF SECTION 28 AND THE NORTHWEST QUARTER OF SECTION 33 ALL IN TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN, WELD COUNTY, COLORADO, BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTH ONE-QUARTER CORNER OF SECTION 33; THENCE ALONG THE EAST LINE OF THE NORTHWEST QUARTER OF SECTION 33, SOUTH 00°12'23" WEST 720.64 FEET TO A POINT ON THE CENTERLINE OF THE LOWER BOULDER IRRIGATION CANAL, WHENCE THE CENTER ONE-QUARTER CORNER OF SECTION 33 BEARS SOUTH 00°12'23" WEST 1,903.66 FEET; THENCE ALONG THE CENTERLINE OF SAID LOWER BOULDER IRRIGATION CANAL THE FOLLOWING COURSES: THENCE SOUTH 77°53'32" WEST 69.71 FEET; THENCE NORTH 88°19'26" WEST 85.39 FEET; THENCE NORTH 84°00'45" WEST 185.44 FEET; THENCE NORTH 67°20'28" WEST 206.95 FEET; THENCE NORTH 55°20'14" WEST 209.43 FEET; THENCE NORTH 69°54'12" WEST 90.18 FEET; THENCE NORTH 79°29'16" WEST 328.11 FEET; THENCE SOUTH 84°16'20" WEST 189.07 FEET; THENCE NORTH 80°34'19" WEST 206.16 FEET; THENCE SOUTH 65°16'18" WEST 172.55 FEET; THENCE SOUTH 46°25'26" WEST 41.82 FEET; THENCE SOUTH 30°43'16" WEST 61.50 FEET; THENCE SOUTH 14°26'13" WEST 77.52 FEET; THENCE SOUTH 22°20'20" WEST 89.88 FEET; THENCE DEPARTING THE CENTERLINE OF SAID LOWER BOULDER IRRIGATION CANAL ALONG THE CENTERLINE OF AN EXISTING ROAD; THENCE ALONG THE CENTERLINE OF SAID EXISTING ROAD THE FOLLOWING COURSES: THENCE NORTH 64°15'46" WEST 49.42 FEET; THENCE NORTH 55°44'21" WEST 70.43 FEET; THENCE NORTH 65°10'23" WEST 75.56 FEET; THENCE NORTH 75°52'35" WEST 166.83 FEET; THENCE NORTH 83°24'03" WEST 197.32 FEET; THENCE SOUTH 87°37'07" WEST 61.18 FEET; THENCE SOUTH 71°06'32" WEST 54.00 FEET; THENCE SOUTH 62°23'09" WEST 91.61 FEET; THENCE SOUTH 83°08'15" WEST 51.27 FEET; THENCE NORTH 84°45'34" WEST 48.11 FEET TO A POINT ON THE CENTERLINE OF THE BOULDER AND WELD DITCH; THENCE ALONG THE CENTERLINE OF SAID DITCH THE FOLLOWING COURSES: THENCE NORTH 19°14'52" EAST 14.70 FEET; THENCE NORTH 27°34'00" EAST 144.95 FEET; THENCE NORTH 43°08'28" EAST 107.42 FEET; THENCE NORTH 36°35'38" EAST 202.57 FEET; THENCE NORTH 22°24'41" EAST 137.71 FEET; THENCE NORTH 41°07'45" EAST 195.46 FEET; THENCE NORTH 48°05'05" EAST 151.42 FEET; THENCE NORTH 63°31'24" EAST 141.80 FEET; THENCE NORTH 63°17'17" EAST 382.68 FEET; THENCE NORTH 72°40'04" EAST 197.69 FEET; THENCE NORTH 42°31'02" EAST 131.97 FEET; THENCE NORTH 54°24'51" EAST 43.75 FEET; THENCE NORTH 84°45'13" EAST 43.01 FEET; THENCE SOUTH 80°49'55" EAST 159.78 FEET; THENCE SOUTH 68°29'21" EAST 2o6.40 FEET; THENCE SOUTH 60°39'07" EAST 150.64 FEET; THENCE SOUTH 72°46'08" FAST 54.75 FEET; THENCE NORTH 84°45'58" EAST 41.35 FEL1; THENCE NORTH 71°34'19" EAST 150.06 FEET; THENCE SOUTH 87°34'14" EAST 154.67 FEET; THENCE NORTH 83°27'44" EAST 65.38 FEET; THENCE DEPARTING TH1: CENTERLINE OF THE BOUL DI.R AND WILD DITCH, NORTH 90°00'00" EAST 218.91 FELL TO A POINT ON THE EAST IINE OF THE SOUTHWEST QUARTER OF SECTION 28, WIIINCP 111E NORTHEAST CORNER CI 110. SOUTH ONE-HALF OF THE SOUTHWEST QUARTER 01: SECTION 28 BEARS NORTH OO"02'26" EAST 958.05 FLET; THENCE SOUTH 00°02'26" WI SI 389.8711LT 10 THE POINT or BEGINNING, CONTAINING 48.998 ACRES MORE OR IISS. 414000 -'4t,: I'--,I_ 11/03,')4 04:43T TG 3 OF 4 Exhibit B TRACT 3 LEGAL DESCRIPTION A TRACT OF LAND SITUATED IN THE NORTHWEST QUARTER OF SECTION 33, TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN, WELD COUNTY, COLORADO, BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE WEST ONE-QUARTER CORNER OF SECTION 33; THENCE ALONG THE WEST LINE OF THE NORTHWEST QUARTER OF SECTION 33, NORTH 00°02'29" WEST 1,989.81 FEET TO A POINT WHENCE THE NORTHWEST CORNER OF SECTION 33 BEARS NORTH 00°02'29" WEST 650.29 FEET; THENCE ALONG THE CENTERLINE OF AN EXISTING ROAD THE FOLLOWING COURSES: THENCE SOUTH 84°45'34" EAST 96.29 FEET; THENCE NORTH 83°08'15" EAST 51.27 FEET; THENCE NORTH 62°23'09" EAST 91.61 FEET; THENCE NORTH 71°06'32" EAST 54,00 FEET; THENCE NORTH 87°37'07" EAST 61.18 FEET; THENCE SOUTH 83°24'03" EAST 197.32 FEET; THENCE SOUTH 75°52'35" EAST 166.83 FEET; THENCE SOUTH 65°10'23" EAST 75.56 FEET; THENCE SOUTH SS°44'21" EAST 70.43 FEET; THENCE SOUTH 64°15'46" EAST 49.42 FEET TO A POINT ON THE CENTERLINE OF THE LOWER BOULDER IRRIGATION CANAL; THENCE DEPARTING THE CENTERLINE OF SAID EXISTING ROAD ALONG THE CENTERLINE OF THE LOWER BOULDER IRRIGATION CANAL THE FOLLOWING COURSES: THENCE SOUTH 16°15'57" WEST 59.29 FEET; THENCE SOUTH 24°18'38" EAST 53.35 FEET; THENCE SOUTH 46°13'57" EAST 70.11 FEET; THENCE SOUTH 53°54'44" EAST 435.12 FEET; THENCE SOUTH 20°40'04" EAST 82.10 FEET; THENCE SOUTH 28°59'47" WEST 61.65 FEET; THENCE SOUTH 45°08'16" WEST 119.19 FEET; THENCE SOUTH 52°58'52" WEST 212.57 FEET; THENCE SOUTH 68°00'07" WEST 95.47 FEET; THENCE SOUTH 58°48'15" WEST 62.46 FEET; THENCE SOUTH 36°27'13" WEST 65.90 FEET; THENCE SOUTH 28°09'29" WEST 319.67 FEET; THENCE SOUTH 40°54'12" WEST 63.89 FEET; THENCE SOUTH 57°42'44" WEST 119.91 FEET; THENCE SOUTH 63°10'17" WEST 223.28 FEET; THENCE SOUTH 56°40'12" WEST 140.18 FEET; THENCE SOUTH 63°28'21" WEST 97.34 FEET; THENCE SOUTH 55°06'56" WEST 74.70 FEET; THENCE SOUTH 17°26'11" WEST 75.73 FEET; THENCE SOUTH 04°46'30" EAST 115.82 FEET; THENCE SOUTH 16°49'27" EAST 179.16 FEET TO A POINT ON THE FAST-WEST CENTERLINE OF SECf;UN 33; THENCE ALONG SAID EAST-WEST CENTERLINE NORTH 89°46'59" WEST 114.78 FEET TO THE POINT OF BEGINNING, CONTAINING 32.773 ACRES MORE OR LESS. _-14000 R-1466 I'-:71-' 1I!0;/44 U4:431' PC 4 OF 4 JUL-20-2005 WED 04:02 PM SP" HWEST WELD PLANNING FAX NO. 720AS2 4211 P. 01 WELD COUNTY DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT 1555 NORTH 17TH AVENUE GREELEY,CO 80631 PHONE(970)304-6415 FAX(970)304-6411 Permit#: SP-9900461 Sec/TvaliRag: Status: FINALED Owner: DAVIS MICHEAL Applied: 09/09/1999 Applicant: MOST WILLIAM Issued: 09/13/1999 Permit Type: RNEW GCottntwcial,R=Residential+NEW,RBPair,VauLT Finaled: 09/30/1999 Parcel#: 1313-28-- - Location: 6876 WCR 5 28 2 68 Legal Description: Installer: Description: BARN ARENA PLUS HOUSE Commercial: N Residential:Y Acres: 48 #of Persons: 2 Basement Plumbing: N #of Bedrooms: 4 Bathrooms-Full: 2 3/4: 1 1/2: 0 Water Public: Y Water Source: LEFT HAND WATER Water Private: N Cistern: N Well: N Well Permit#: Percolation Rate: 9.5 Limiting Zone: 8 ft 0 in Description: %Ground Slope: 1 Dir: SW Soil Suitable: (Y/N) Y Engineer Design Required: (Y/N) N In 100 Year Flood Plain: (Y/N) N Minimum Installation Chambers Septic Tank: 1250 gallons Absorption Trench: 660 square feet or Absorption Bed: 860 square feet Actual Installation Septic Tank: 1250 gallons Absorption Trench: 811 square feet Absorption Bed: 0 square feet Design Type: GA NOTICE The issuance of this permit does not imply compliance with other state,county or local regulatory or building requirements,nor shall it act to certify that the subject system will operate in compliance with applicable state,county and local regulations adopted persuant to Article 10,Title 25,CRS as amended,except for the purpose of establishing final approval of installed system for issuance of a local occupancy permit pennant to CRS 1973 25-10-111(2). This wroth bunt transferable, The Weld County Department of Public Health and Environment reserves the right to impose additional terms and conditions required to meet our regulations on a continuing basis. Final permit approval was contingent upon the final inspection of the completed system by the Weld County Depertmem of Public Health and Environment x Environmental Health Specialist Date Pam:S_Pi.AN 07/20/2005 03:14 3038282j-15 ^ PAGE 01 LEFT HAND WATER dISTRICT _— -� P.O.Box 210•Niwot,CO 80544 (303)530-4200.530-9825 DAVIS, MICHAEL & SHELIA 8162 E. 157TH CT. BRIGHTON, CO 8060}1-7933 II.,I1IImdlullu1udltu1IJdh„IIud6JI.u.LILI..I ACCOUNT NUMBER OATE BILL MAILED SERVICE FROM SERVICE TO ll DAYS USED DUE DC00005427 03/26/99 _ 03/08 03/22 1 14 04/19199 PREVIOUS READING PRESENT READING UNITS USED DESCRIPTION AMOUNT DUE 9999000 0 1000 WATER CHARGE 2.20 MONTHLY SERVICE CHG 11.45 Water Usage Breakdown 2.20 on 1000 @ 2.20 per 1000 0.00 q'ii I aT AFTER DUE DATE BYDUEDATE SEAVICEADORE5$ ► 6890 WCR 5 /TRACT 2 • 13.79 13.65 KEEP THIS PORTION FOR YOUR RECORDS 07/20/2005 03: 14 3038282PQ5 'LtAtHtluttN lur run iivw .'v in tworninnci PAGE 02 Last payment received 06/17/2005 45.50 Left Hand Water District— P.O. Box 210- Niwot. CO 80544-0210- Phone 303-530-4200 www.lefthandwater-org IAccount Number: Date bill mailed: 5ervice from: Service to: Numbcr of days: Due date: Fd97 n 1 t16 5 05/2�,�J2045 06/29/205 37 _--.9J.J2_U.2KS Previous reading; Present reading: Units used: Description: Amount due: 564 577 13,000 .00 . If y otir present reacting k a 0,your acca.rit teas estimated. WATER BASIC FEE 17.25 -- WATER USAGE — ---- - --- .. 42.05 - - ACTIVATION FEE .00 SHUTOFF CHARGE .00 MISCELLANEOUS .00 .00 l_ TOTAL CURRENT CHARGES J 59.30 Service address: 6890 WCR 5 .- Total amount due: ► 59 30 Important information:. Water Usage Rate below is per thousand gallons. Customer Type:300 300 RESIDENTIAL 330 DUAL SYSTEM s10 @ ZC r^- lid 4,000 2.75 1st 4,000 2.75 3.70 ALL USAGE I -- Next 15,000 3.45 Next 8,000 3.45 1 —' { -_, Next 30.000 4.30 Over 12,000 5.77 32o3413:IP1.E HOUSING Over 50,000 5.38 o J n F-I r-1 E , . 3,70 ALL USAGE An kil Aug Sep bd Nov c ' Ja't Feb t#sr Apr May km SEE REVERSE SIDE FOR IMPORTANT INFORMATION 07/29/2005 FRI 14:10 FAX ^ Z002/003 Left Water District MEMORANDUM TO: Michael and Sheila Davis 6876 WCR 5 Erie, CO 80516 FROM: Kathryn A. Peterson 47 DATE: July 29, 2005 RE: Tap Request #22'/b Request Date: 8/17/04 For: 1-2 residential taps Engineering evaluations A review of the above referenced tap request has shown that pressure and volume is adequate for 1 or 2 taps on the 8" main in WCR 5 . Service will require bore or crossing of Boulder/Weld County Ditch. A ditch permit may be required at your expense. You must also plat utility easements to WCR 5 for the parcels to be created so that the meter pits can be located adjacent to WCR 5 and new owners have a place to run their private service lines. Proof of easement will be required before meter pits can be set . It is recommended that you or new owner install oversized service line from meter pit to house due to probable excessive length of line required. In order to increase capacity in the ^Eastern Transmission Zone", the District undertook a major upgrade of transmission facilities. The cost of this improvement is repaid by means of a ^line fee" with an interest component due from new taps served by the new facilities. A portion of the line fee and interest component is due to the District and a small portion is due to a developer who financed a portion of the improvements. Therefore, in addition to the tap fee, there is a line fee in the amount of $2,500. 00 per tap equivalent, plus interest. Attached is the schedule of payments due on a monthly basis. If you are interested in purchasing a water tap and receiving a tap commitment, return this letter to us indicating the date on which you wish to have your tap request presented to the Board of the District for final approval . Board meetings are held the Thursday following the second Tuesday of each month. Your attendance is not required, however, this form must be received at our office by the Monday preceding Thursday's Board meeting. Date you would like your request presented to the Board: Your signature: We will notify you once your request for a tap commitment has been approved by the Board and you will have 90 days to pay all components of the tap fee. You are Leh Hand Water District P.D.Box 210 Niwot, CO 80544-0210 ti Phone 303-530-4200 N.Fax 303-530-5252 n.www.lefthandwater.dst.co-us 07/29/2005 FRI 14:11 FAX ^ ^ W 003/003 under no obligation to purchase a tap at this time and the above conditions to serve do not constitute a commitment on the part of the District to serve, until all conditions for service have been met. A copy of the current tap fee is enclosed for your information. Please note that these fees are subject to change at the discretion of the Board, without advance notice. The fee paid will then be the current tap fee at the time of payment. We will consider your request withdrawn, unless we hear from you within 60 days. Future requests for service may require a new application and/or fees. This review is based on current available capacity and does not represent an opinion on availability of capacity in the future, if the tap is not purchased within the time frame outlined in this letter. Left Hand Water District Y O.Boa 210+Niwol, CO 80544.0210 N Phone 303-530-4200 iv Fax 303-530-5252 N www.lefllwndwalet.dsl.co.us AR2tiD6Y62 2406462 B-1459 P-410 09/13/94 04:222 PG 1 OF 10 RRC 1X70 Mary Ann Fetteratein Weld Co., Clerk & Recorder 50.00 THE DISTRICT COURT,IN AND FOR THE COUNTY OF WELD,STATE OF COLORADO Civil Action No.92-CV 399 Div.1 FINAL ORDER OF PARTITION FOR RECORDING Robert J.Grigsby, Plaintiff, v. 1. Jane G.Sencenbaugh; 2. Josephine Block Miles,aka Josephine H.Miles; 3. Vessels Gas Processing,Inc; 4. K N Front Range Gathering Company,a Colorado corporation: 5. Amoco Production Company; 6. Howard Rasmussen. Defendants. and The Board of County Commissioner's of the County of Weld,State of Colorado, Intervenor. This matter coming on to be heard upon the Pleadings in the Matter and after Hearing the Court doth find and Order as follows: 1. SUBSTANCE OF THIS ACTION. This is an action for partition brought by Plaintiff pursuant to§38-28- 101,et seq.,C.R.S.,1982 RepL VoL 16A for the partition of certain real property and water rights owned by the Plaintiff and Defendants,Miles and Sencenbaugh.The legal description of the same and the water rights are set forth more fully at Exhibit A which Exhbits attached hereto and incorporated by reference herein. The real property shall hereinafter be referred to as the'Subject Real Property"and the water rights as the "subject water rights'. Miles owns an undivided fifty percent interest and Sencenbaugh and Grigsby each own an undivided twenty-fine percent interest. 2.FINDINGS OF FACT. After consideration of the evidence in this matter the Court makes the following fmdings of fact: a. The Subject Real Property is located in the County of Weld and the State of Colorado. 1 EXHIBIT P - 01--;49 2406462 8-1459 P-410 09/13/94 04:22P PG 2 OF 10 b. Based on the Commissioner's Report and the evidence received the partition of the Subject Real Property can be made without manifest prejudice to the rights of any interested party. c. The Court[unbar finds,in accordance with Part 1 of Article 2S of Title 30 C.R-S.,as amended, and the Weld County Subdivision Regulations,that the creation of Tract No.3,which is less than 35 acres, does not constitute an evasion of the above-cited statute and regulations. d. Notwithstanding the same,this order is not intended to relieve those parties from compliance with the applicable Weld County's Zoning Ordinance with respect to the use of these tracts. e. Tracts 1,2.3 and 4 are in need of an easement,as between themselves,for the purpose of iogress, egress,access to and maintenance of irrigation facilities and placement of utilities. E With the borders as identified herein and the water rights allocated as set forth in the Commissioner's report and the access sues resolved as indicated herein,the Court fords that Tracts No. 1 through 4 are essentially equal in value. g. The Court further fords that an easement twenty-eight(28)fat in width centered on the exiting road is necessary and adequate to meet the access needs of the owners of Tracts No.I,2,3 and 4. However, the use of said easement shall not interfere with the location, use, and maintenance of the existing improvements on Tract No.3,including,but not by way of limitation,the electrical transformer-immediately South of the existing road and the headgate and flume on the Lower Boulder Consolidated Ditch,immediately South of the exiting road. 3. ORDER. The Court hereby Orders as follows: a. The Subject Real Property and subject water rights are partitioned as set forth herein: i. A tract designated as Tract No.1 is partitioned to Defendant Jane G.Senceabaugh.This tract is more particularly deserted as follows: TRACT 1 LEGAL DESCRIPTION A TRACT OF LAND SITUATED IN THE SOUTH ONE-HALF OF THE SOUTHWEST QUARTER OF SECTION 28 AND THE NORTHWEST QUARTER OF SECTION 33 ALL IN TOWNSHIP 2 NORTH RANGE 68 WEST OF THE 6111 PRINCIPAL MERIDIAN,WELD COUNTY,COLORADO,BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SECTION 28;THENCE ALONG THE WEST LINE OF THE SOUTHWEST QUARTER OF SECTION 28.NORTH 00'00'04°WEST 1,346.44 FEET TO THE NORTHWEST CORNER OF THE SOUTH ONE-HALF OF THE SOUTHWEST QUARTER OF SECTION 28;THENCE SOUTH 89°2825'EAST 2,64534 FEET TO THE NORTHEAST CORNER OF THE SOUTH ONE-HALF OF THE SOUTHWEST QUARTER OF SECTION 2&THENCE ALONG THE EAST LINE OF THE SOUTH ONE-HALFOFTHE SOUTHWESTQUARTFR OFSECIION 26,SOUTH 00°0226'WEST 958.05 FEET,WHENCE THE SOUTH ONE-QUARTER CORNER OF SECTION 28 BEARS SOUTH 00°0226°WEST 389.87 FEET;THENCE SOUTH 90`00'00'WEST 21891 I t:hl ID A POINT ON THE CENTERLINE OF THE BOULDER AND WELD DITCH;THENCE ALONG SAID CENTERLINE THE FOLLOWING COURSES: THENCE SOUTH 83°2744* WEST 65.38 FEET; THENCE NORTH 8734'14" WEST 154.67 FEET; THENCE SOUTH 71'34'19" WEST 150.06 FEET; THENCE SOUTH 84°45'58° WEST 41.35 FEET; THENCE NORTH 72°46'0'5• WEST 54.75 FEET; THENCE NORTH 60'39'07 WEST 150.64 FEET; THENCE NORTH 68°2921" WEST 266.40 FEET; THENCE NORTH 80'49'57 WEST 159.78 FEET: • 2406462 B-1459 P-410 09/13/94 04:22P PG 6 OF 10 FEET;THENCE SOUTH 5t2074"EAST 20943 FEET;THENCE SOUTH 6720'28"EAST 206.95 FEET; THENCE SOUTH 84'00'45'EAST 185.44 PLLI;THENCESOtyTH 88.19'26'EAST 8539 FEET;THENCE NORTH 7753'32" EAST 69.71 FEET TO A POINT ON THE EAST LINE OF THE NORTHWEST QUARTER OF SECTION 33,WHENCE THE NORTH ONE-QUARTER CORNER OF SAID SECTION 33 BEARS NORTH 00'12'23"EAST 720,µ FEET;THENCE SOUTH 00"12Li"WEST 1,903.66 FEET TO THE CENTER ONE-QUARTER CORNER OF SECTION 33;THENCE ALONG THE EAST-WEST CENTEB RE OF SECTION 33, NORTH ING,CONTAINING 91.463 ACRES MORE OR LESS.` WEST 18,13 FEEL' TO THE POINT OF To Defendant Josephine Mies/Tract 4 is partitioned the water rights sot forth at Exhibit C. b The mineral rights of the Plaintiff and Defendants,Miles and Senoenbangh,to the Subject Real Property are not partitioned. The said parties Grigsby and Sencenbaugh shall continue to own an undivided twenty-five percent interest and Mies an undivided fifty percent in the aid mineral rigbts. c. Plaintiff Grigsby(as owner of Tract No3)grants to defendant Mies as owner of Tracts 2 and 4 an easement for the purpose of ingress and egress,access to and maintenance of irrigation facilities and the reasonable location of utilities. The easement shall be 14 feet in width along the northerly border of the said Tract I Provided,however,that neither this easement nor the use tithe existence.use,or maintenance easemen hag i any way affect the the electrical tansfotmer and of on Tract Now 3,i in4did,but not byway mistime electrical limitation, the existing and boxes and/or the headgate and Rum on�l wertely�Bot�r�Can�ted Ditch, ttely South of d. Defendant Mies(as owner of Tract No.2)grants to Plaintiff,Grigsby as owner of Tract No.3 an easement for the purpose of ingress and egress,access to and maintenance of irrigation facilities and the reasonable location of utilities. The easement shall be 14 feet in width along the southerly border of the said Tract 2 where it is adjacent to the said Tract No.3. e. Defendant Sencenbaagh(as owner of Tract No. I)grants to Plaintiff Grigsby as owner of Tract No.3 and Defendant Mies as owner of Tarts 2 and 4 an easement access to and maintenance of irrigation facilities and the locationfor purpose of ingress and g shall a, be 14 feet ie width along the very southerly reasonable com at thef Southwest casement No. I and portion of has I commencing intersectionwithTract ct 2. of Tract proceeding in an easterly direction 4818 feet to the point of 2. No.l an E Plaintiff forripby(as owner of Tract No.3)grants to Defendant Seocenbaugh as owner of Tract Ne reasonable1emeasement r theftallies.pse'f ingress e gase and egress,access to and maintenance of irrigation facilities and the 3 beginningnit shall be 14 feet in width along the Northerly border of Tract at the Northwesterly corner of Tract 3 and ((("""``` proceeding easterly a distance of 48.18 feet. ]s & Plaintiff re�rrigssbbyT Defendants Mies and Sencenbaugh shall pant aril,to the other the right }` of access to the reasonably needed for the irrigation systems along the rights of way of irrigation systems on thermsrespective Tracts.of irrigation and maintenance of h. Defendant KN Front Range Gathering Company.Inn,a Colorado corporation shall be substituted for Defendants Panhandle Eastern and K N Energy,Inc and the caption shall be so amended to reflect the Same. i. The easements of Defendants K N Front Range Gathering Company, Vessels Oft and Amoco Production shall not be affected by this partition. However, said Defendants shall provide reasonable assistance and information to the surveyor in locating any easements and existing permanent lines on the I Hello